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

30th Legislative Day Thursday, February 5, 1998


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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 32.

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

Absent--Dennis, Lacy--Total, 2.

Present later--Dennis, Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of February 4th was dispensed with

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

SIGNING OF RESOLUTION

The President has signed: SR 98-6.

The President has signed: HJR98-1006.

SIGNING OF BILLS

The President has signed: HB98-1002.

COMMITTEE OF REFERENCE REPORTS

Local After consideration on the merits, the committee recommends that the following be

Government postponed indefinitely: SB 98-160

Judiciary After consideration on the merits, the committee recommends that SB 98-50 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1. Article 3 of title 2, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 15

CRIMINAL JUSTICE COMMITTEE

2­3­1501. Criminal justice committee ­ creation ­ expenses ­ staffing. (1)  IN ORDER TO GIVE GUIDANCE AND DIRECTION TO THE GENERAL ASSEMBLY IN DEVELOPING APPROACHES TO CRIMINAL JUSTICE AND CORRECTIONS ISSUES AND TO PROVIDE A FORUM FOR INTERAGENCY COORDINATION, COMMUNICATION, AND PLANNING, THERE IS HEREBY CREATED IN THE LEGISLATIVE DEPARTMENT THE CRIMINAL JUSTICE COMMITTEE, REFERRED TO IN THIS PART 15 AS THE "COMMITTEE". THE COMMITTEE SHALL CONSIST OF THE FOLLOWING TWENTY MEMBERS:

(a)  THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, TWO OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE OF WHOM SHALL BE APPOINTED BY THE HOUSE MINORITY LEADER;


SB 98-50


(Cont.)

(b)  THREE MEMBERS OF THE SENATE, TWO OF WHOM SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED BY THE SENATE MINORITY LEADER;

(c)  ONE REPRESENTATIVE SELECTED BY EACH OF THE FOLLOWING ENTITIES:

(I)  THE COLORADO DISTRICT ATTORNEYS COUNCIL;

(II)  COLORADO ORGANIZATION OF VICTIMS' ASSISTANCE;

(III)  THE OFFICE OF THE STATE PUBLIC DEFENDER;

(IV)  COUNTY SHERIFFS OF COLORADO, INC.;

(V)  COLORADO ASSOCIATION OF CHIEFS OF POLICE;

(VI) COLORADO COMMUNITY CORRECTIONS BOARDS;

(d)  FOUR EX OFFICIO VOTING MEMBERS, AS FOLLOWS:

(I)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OR HIS OR HER DESIGNEE;

(II)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS OR HIS OR HER DESIGNEE;

(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES OR HIS OR HER DESIGNEE; AND

(IV)  THE CHAIR OF THE STATE PAROLE BOARD OR HIS OR HER DESIGNEE;

(e)  THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE;

(f)  TWO MEMBERS APPOINTED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT TO REPRESENT THE INTERESTS OF TRIAL COURTS AND THE PROBATION SYSTEM; AND

(g)  ONE MEMBER AS SET FORTH IN SUBSECTION (2) OF THIS SECTION.

(2)  THE GOVERNOR SHALL APPOINT A CRIMINAL JUSTICE CITIZENS ADVISORY COUNCIL, WHOSE MEMBERS SHALL BE SELECTED SO AS TO ADEQUATELY REPRESENT THE ENTIRE STATE AND WHOSE MEMBERS SHALL BE DRAWN FROM VARIOUS CITIZEN GROUPS IN THE STATE INVOLVED WITH CRIMINAL JUSTICE, CORRECTIONS, AND REINTEGRATION SERVICES PROVIDERS. THE ADVISORY COUNCIL SHALL CHOOSE ONE OF ITS MEMBERS TO SERVE ON THE COMMITTEE CREATED PURSUANT TO THIS SECTION.

(3)  THE MEMBERS OF THE COMMITTEE SHALL SERVE VOLUNTARILY AND SHALL NOT RECEIVE PER DIEM COMPENSATION OR EXPENSE REIMBURSEMENT FOR THEIR SERVICE ON THE COMMITTEE.

(4)  THE LEGISLATIVE COUNCIL STAFF SHALL BE MADE AVAILABLE TO ASSIST THE COMMITTEE IN CARRYING OUT ITS DUTIES PURSUANT TO THIS PART 15.

(5)  ALL EXPENDITURES INCURRED IN THE CONDUCT OF THE ACTIVITIES OF THE COMMITTEE UNDER THIS PART 15 SHALL BE APPROVED BY THE CHAIR OF THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL AND PAID BY VOUCHERS AND WARRANTS DRAWN AS PROVIDED BY LAW FROM FUNDS ALLOCATED TO THE LEGISLATIVE COUNCIL FOR LEGISLATIVE STUDIES FROM APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

(6)  ADDITIONAL STAFFING AND ASSISTANCE MAY BE PROVIDED TO THE COMMITTEE BY OTHER DEPARTMENTS, AGENCIES, OR POLITICAL SUBDIVISIONS OF THE STATE UPON REQUEST OF THE COMMITTEE AND WITHIN THE EXISTING APPROPRIATIONS OF SUCH DEPARTMENTS, AGENCIES, OR POLITICAL SUBDIVISIONS.


SB 98-50


(Cont.)

(7) THE STUDY OF THE PAROLE SYSTEM OF THE STATE OF COLORADO CONDUCTED BY THE LEGISLATIVE COUNCIL PURSUANT TO SECTION 17-2-201.5, C.R.S., SHALL BE COMPLETED UNDER THE AUSPICES OF THE CRIMINAL JUSTICE COMMITTEE CREATED BY THIS SECTION.

2­3­1502. Criminal justice committee ­ duties. (1)  THE COMMITTEE SHALL STUDY AND MAKE RECOMMENDATIONS CONCERNING THE CRIMINAL JUSTICE SYSTEM AND THE CORRECTIONS SYSTEM, INCLUDING BUT NOT LIMITED TO:

(a)  THE EFFICIENCY AND EFFECTIVENESS OF THE CRIMINAL JUSTICE SYSTEM;

(b) THE UNDERLYING CAUSES OF CRIME; AND

(c) EFFECTIVE INTERVENTIONS.

(2) THE COMMITTEE'S FUNCTIONS UNDER THIS SECTION SHALL NOT BE CONSTRUED TO INFRINGE UPON THE JURISDICTION OF ANY STANDING COMMITTEE OF THE GENERAL ASSEMBLY OR ANY DUTIES OF THOSE COMMITTEES UNDER THIS ARTICLE.

2­3­1503.  Criminal justice committee ­ proposed legislation ­ consultation. (1) (a) THE COMMITTEE MAY PREPARE ANY OR ALL OF ITS RECOMMENDATIONS AS LEGISLATION, AND ANY SUCH LEGISLATION SHALL BE TREATED AS LEGISLATION RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY.

(b) IF ANY RECOMMENDATION REQUIRES A STATUTORY CHANGE OR ADDITION, AN AFFIRMATIVE VOTE BY A MAJORITY OF THOSE MEMBERS OF THE COMMITTEE WHO ARE ALSO MEMBERS OF THE GENERAL ASSEMBLY SHALL BE REQUIRED IN ORDER TO AUTHORIZE THE PREPARATION OF ANY RECOMMENDATIONS AS LEGISLATION.

(2)  THE COMMITTEE MAY CONSULT WITH EXPERTS IN THE FIELDS OF CRIMINAL JUSTICE OR CORRECTIONS AS MAY BE NECESSARY.

2­3­1504.  Funding of the committee ­ governmental and private sources permitted. THE COMMITTEE IS AUTHORIZED TO APPLY FOR, RECEIVE, AND EXPEND FUNDING FROM GOVERNMENTAL SOURCES FOR THE PURPOSES OF THE COMMITTEE AND IS AUTHORIZED TO APPLY FOR, RECEIVE, AND EXPEND CONTRIBUTIONS, GRANTS, SERVICES, AND IN­KIND DONATIONS FROM PRIVATE SOURCES FOR SUCH PURPOSES.

SECTION 2.  Effective date. This act shall take effect July 1, 1998.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 1, line 101, strike "COMMITTEE, AND MAKING" and substitute "COMMITTEE.";

strike line 102.

Business After consideration on the merits, the committee recommends that SB 98-122 be

Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations

and Labor with favorable recommendation:

Amend printed bill, page 12, line 3, strike "(1)";

strike lines 13 through 26.

Page 13, strike lines 1 through 14.

Business After consideration on the merits, the committee recommends that SB 98-37 be

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

and Labor favorable recommendation:


SB 98-37


(Cont.)

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

"SECTION 1.  Legislative declaration. (1)  The general assembly hereby finds, determines, and declares that:

(a)  Compliance checks are a necessary means of ensuring that liquor licensees do not violate state laws prohibiting the sale of alcohol to minors; and

(b)  The department of revenue should provide information to local licensing authorities to aid in more consistent application of penalties for violations of such laws.

(2)  It is therefore the intent of the general assembly in enacting this act to give the liquor enforcement division in the department of revenue the authority to adopt rules to assist licensing authorities in carrying out their enforcement duties under the "Colorado Liquor Code".

SECTION 2. 12­47­202 (2) (a), Colorado Revised Statutes, is amended to read:

12­47­202.  Duties of state licensing authority. (2) (a) (I)  Rules and regulations made pursuant to paragraph (b) of subsection (1) of this section may cover, but shall not be limited to, the following subjects:

(A)  Compliance with or enforcement or violation of any provision of this article, article 46 or 48 of this title, or any rule or regulation issued pursuant to such articles;

(B)  Specifications of duties of officers and employees;

(C)  Instructions for local licensing authorities and law enforcement officers;

(D)  All forms necessary or convenient in the administration of this article and articles 46 and 48 of this title;

(E)  Inspections, investigations, searches, seizures, and such activities as may become necessary from time to time, INCLUDING A RANGE OF PENALTIES FOR USE BY LICENSING AUTHORITIES THAT SHALL INCLUDE AGGRAVATING AND MITIGATING FACTORS TO BE CONSIDERED WHEN PERSONS UNDER TWENTY­ONE YEARS OF AGE ARE UTILIZED TO INVESTIGATE SALES OF ALCOHOL BEVERAGES BY LIQUOR LICENSEES TO UNDERAGE PERSONS;

(F)  Limitation of number of licensees as to any area or vicinity;

(G)  Misrepresentation, unfair practices, AND unfair competition;

(H)  Control of signs and other displays on licensed premises;

(I)  Use of screens;

(J)  Identification of licensees and their employees;

(K)  Storage, warehouses, AND transportation;

(L)  Health and sanitary requirements;

(M)  Standards of cleanliness, orderliness, and decency, AND sampling and analysis of products;

(N)  Standards of purity and labeling;

(O)  Records to be kept by licensees and availability thereof;

(P)  Practices unduly designed to increase the consumption of alcohol beverages; and


SB 98-37


(Cont.)

(Q)  Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this article and articles 46 and 48 of this title. but

(II)  Nothing in this article and articles 46 and 48 of this title shall be construed as delegating to the state licensing authority the power to fix prices. The licensing authority shall make no rule that would abridge the right of any licensee to fairly, honestly, and lawfully advertise the place of business of or the commodities sold by such licensee. All such rules shall be reasonable and just.

SECTION 3.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to violations committed on or after the applicable effective date of this act.".

Business After consideration on the merits, the committee recommends that SB 98-73 be

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

and Labor favorable recommendation:

Strike everything below the enacting clause and substitute the following:

"SECTION 1.  13­40­122, Colorado Revised Statutes, is amended to read:

13­40­122.  Writ of restitution after judgment. (1)  No writ of restitution shall issue upon any judgment entered in any action under the provisions of this article out of any court until after the expiration of forty­eight hours from the time of the entry of such judgment; and such writs shall be executed by the officer having the same only in the daytime and between sunrise and sunset.

(2)  THE OFFICER THAT EXECUTES A WRIT OF RESTITUTION UNDER SUBSECTION (1) OF THIS SECTION AND THE LAW ENFORCEMENT AGENCY THAT EMPLOYS SUCH OFFICER SHALL BE IMMUNE FROM CIVIL LIABILITY FOR ANY DAMAGE TO A TENANT'S PERSONAL PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING THE EXECUTION OF THE WRIT. A LANDLORD WHO COMPLIES WITH THE LAWFUL DIRECTIONS OF THE OFFICER EXECUTING A WRIT OF RESTITUTION SHALL BE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY FOR ANY ACT OR OMISSION RELATED TO A TENANT'S PERSONAL PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING OR AFTER THE EXECUTION OF A WRIT OF RESTITUTION.

(3)  A LANDLORD HAS NO DUTY TO STORE OR MAINTAIN A TENANT'S PERSONAL PROPERTY THAT IS REMOVED FROM THE PREMISES DURING OR AFTER THE EXECUTION OF A WRIT OF RESTITUTION. REGARDLESS OF WHETHER A LANDLORD ELECTS TO STORE OR MAINTAIN THE PERSONAL PROPERTY SO REMOVED, THE LANDLORD SHALL HAVE NO DUTY TO INVENTORY THE PERSONAL PROPERTY OR TO DETERMINE OWNERSHIP OF OR THE CONDITION OF THE PERSONAL PROPERTY. SUCH STORAGE SHALL NOT CREATE EITHER AN IMPLIED OR EXPRESS BAILMENT OF THE PERSONAL PROPERTY, AND THE LANDLORD SHALL BE IMMUNE FROM LIABILITY FOR ANY LOSS OR DAMAGE TO THE PERSONAL PROPERTY.

(4)  A LANDLORD WHO ELECTS TO STORE A TENANT'S PERSONAL PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING OR AFTER THE EXECUTION OF A WRIT OF RESTITUTION MAY CHARGE THE TENANT THE REASONABLE COSTS OF STORING THE PERSONAL PROPERTY. THE LANDLORD MAY EITHER DISPOSE OF THE PERSONAL PROPERTY UNDER ANY LIEN RIGHTS THE LANDLORD HAS UNDER PART 1 OF ARTICLE 20 OF TITLE 38, C.R.S., OR THE LANDLORD MAY ALLOW THE TENANT TO RECOVER THE PERSONAL PROPERTY AFTER PAYING THE REASONABLE STORAGE CHARGES INCURRED BY THE LANDLORD.


SB 98-73


(Cont.)

SECTION 2.  6­1­105 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

6­1­105.  Deceptive trade practices. (1)  A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:

(qq)  AFTER RECEIPT OF WRITTEN NOTICE OF DEFECT FROM A TENANT OF A LEASED RESIDENTIAL PREMISES UNDER SECTION 38­12­105 (2), C.R.S., AND AS A RESULT OF AN ACT OR OMISSION OF THE PERSON, WRONGFULLY FAILS TO PROVIDE SUCH TENANT ELECTRICITY FOR HOUSEHOLD PURPOSES, A SUFFICIENT AMOUNT OF HEAT TO MAINTAIN A CONSTANT MINIMUM INDOOR TEMPERATURE OF SIXTY­FIVE DEGREES FAHRENHEIT, SUFFICIENT QUANTITIES OF RUNNING WATER AND HOT WATER FOR NORMAL HOUSEHOLD PURPOSES, OR OPERATING SANITARY AND PLUMBING SYSTEMS WITHIN THE TIME PRESCRIBED IN SECTION 38­12­105, C.R.S., IF:

(I)  THE LANDLORD PROVIDED THE TENANT SUCH SERVICES AT THE BEGINNING OF THE TENANCY AND THE LEASE HAS NOT BEEN SUBSEQUENTLY MODIFIED BY MUTUAL WRITTEN AGREEMENT WITH RESPECT TO SUCH SERVICES; AND

(II)  SUCH FAILURE MATERIALLY AFFECTS THE HEALTH OR SAFETY OF THE TENANT OR THE HABITABILITY OF THE RESIDENTIAL PREMISES.

SECTION 3.  6­1­113, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

6­1­113.  Damages. (5)  SUBSECTIONS (1) TO (4) OF THIS SECTION SHALL NOT BE AVAILABLE TO ANY PERSON, INCLUDING THE ATTORNEY GENERAL AND A DISTRICT ATTORNEY, IN A CIVIL ACTION FOR ANY CLAIM AGAINST ANY PERSON FOR VIOLATION OF SECTION 6­1­105 (1) (qq). THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY MAY ENFORCE THE PROVISIONS OF SECTION 6­1­105 (1) (qq) IN ACCORDANCE WITH SECTION 6­1­107. THIS SUBSECTION (5) DOES NOT AFFECT A TENANT'S RIGHT TO TERMINATE A LEASE UNDER SECTION 38­12­105, C.R.S.

SECTION 4.  Part 1 of article 12 of title 38, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

38­12­105.  Termination of lease ­ return of security deposit ­ major defects. (1)  IN THE EVENT A TENANT OF A LEASED RESIDENTIAL PREMISES BELIEVES THAT A LANDLORD HAS FAILED TO PROVIDE THE TENANT, AT EITHER THE LANDLORD'S OR THE TENANT'S EXPENSE AS PROVIDED IN THE LEASE AGREEMENT, WITH ELECTRICITY FOR HOUSEHOLD PURPOSES, A SUFFICIENT AMOUNT OF HEAT TO MAINTAIN A CONSTANT MINIMUM INDOOR TEMPERATURE OF SIXTY­FIVE DEGREES FAHRENHEIT, SUFFICIENT QUANTITIES OF RUNNING WATER AND HOT WATER FOR NORMAL HOUSEHOLD PURPOSES, OR OPERATING SANITARY AND PLUMBING SYSTEMS, THE TENANT MAY TERMINATE THE LEASE FOR THE RESIDENTIAL PREMISES PRIOR TO ITS TERMINATION DATE IF:

(a)  THE LANDLORD PROVIDED THE TENANT SUCH SERVICES AT THE BEGINNING OF THE TENANCY AND THE LEASE HAS NOT BEEN SUBSEQUENTLY MODIFIED BY MUTUAL WRITTEN AGREEMENT WITH RESPECT TO SUCH SERVICES; AND

(b)  SUCH FAILURE MATERIALLY AFFECTS THE HEALTH OR SAFETY OF THE TENANT OR THE HABITABILITY OF THE RESIDENTIAL PREMISES.

(2)  TO TERMINATE THE LEASE UNDER THIS SECTION, THE TENANT SHALL DELIVER, EITHER PERSONALLY OR BY CERTIFIED MAIL, A WRITTEN NOTICE OF DEFECT TO THE LANDLORD OR THE LANDLORD'S AGENT. THE WRITTEN NOTICE OF DEFECT SHALL DESCRIBE THE DEFECT IN SUFFICIENT DETAIL TO GIVE THE LANDLORD OR THE LANDLORD'S AGENT REASONABLE NOTICE OF THE DEFECT AND THE REMEDY NECESSARY TO CORRECT SUCH DEFECT. THE WRITTEN NOTICE OF DEFECT SHALL INCLUDE:


SB 98-73


(Cont.)

(a)  A STATEMENT THAT, IF THE LANDLORD DOES NOT EITHER REMEDY THE DEFECT OR TAKE REASONABLE STEPS TO REMEDY THE DEFECT WITHIN TWENTY DAYS AFTER RECEIVING THE NOTICE OF DEFECT, THE TENANT SHALL HAVE THE RIGHT TO TERMINATE THE LEASE NOT LESS THAN THIRTY DAYS AFTER THE LANDLORD OR THE LANDLORD'S AGENT RECEIVES THE NOTICE OF DEFECT;

(b)  THE DATE THE TENANT WILL TERMINATE THE LEASE IF THE LANDLORD FAILS TO REMEDY OR TAKE REASONABLE STEPS TO REMEDY THE DEFECT; AND

(c)  THE DATE THE TENANT WILL VACATE THE PREMISES IF THE LEASE IS TERMINATED.

(3)  WITHIN THE TWENTY­DAY PERIOD SET FORTH IN SUBSECTION (2) OF THIS SECTION, THE LANDLORD OR THE LANDLORD'S AGENT MAY DELIVER TO THE TENANT, EITHER PERSONALLY OR BY CERTIFIED MAIL, A WRITTEN STATEMENT OF THE ACTIONS THE LANDLORD HAS TAKEN OR WILL TAKE TO REMEDY THE DEFECTS IDENTIFIED IN THE TENANT'S NOTICE OF DEFECT, INCLUDING THE DATES THE REMEDIES WERE COMPLETED OR WILL BE COMPLETED. IF THE LANDLORD COMPLETES THE IDENTIFIED ACTIONS BEFORE THE DATE OF LEASE TERMINATION SPECIFIED IN THE NOTICE OF DEFECT, THE TENANT SHALL NOT BE ENTITLED TO TERMINATE THE LEASE UNDER THIS SECTION, AND THE LEASE SHALL REMAIN IN FULL FORCE AND EFFECT.

(4)  IF THE LANDLORD EITHER DOES NOT COMPLETE THE ACTIONS IDENTIFIED IN THE WRITTEN STATEMENT BEFORE THE DATE OF LEASE TERMINATION SPECIFIED IN THE NOTICE OF DEFECT OR DOES NOT PROVIDE THE TENANT WITH A WRITTEN STATEMENT UNDER SUBSECTION (3) OF THIS SECTION, THE TENANT MAY TERMINATE THE LEASE AND, IF THE LEASE IS TERMINATED, SHALL VACATE THE RESIDENTIAL PREMISES. IF THE TENANT TERMINATES THE LEASE AND VACATES THE PREMISES IN ACCORDANCE WITH THIS SECTION, THE LEASE BETWEEN THE LANDLORD AND TENANT BECOMES VOID WITH RESPECT TO ALL FUTURE RIGHTS AND FUTURE OBLIGATIONS BETWEEN THE LANDLORD AND TENANT PURSUANT TO THE LEASE, PRORATED TO THE DATE THE TENANT ACTUALLY VACATED THE PREMISES.

(5)  IF THE TENANT TERMINATES THE LEASE AND VACATES THE RESIDENTIAL PREMISES IN ACCORDANCE WITH THIS SECTION, THE TENANT MAY DEMAND THE RETURN OF ALL OR ANY PORTION OF THE SECURITY DEPOSIT HELD BY THE LANDLORD TO WHICH THE TENANT IS LAWFULLY ENTITLED. NOTWITHSTANDING THE TIME PERIODS PRESCRIBED IN SECTION 38­12­103, THE LANDLORD SHALL DELIVER TO THE TENANT ALL OF, OR THE APPROPRIATE PORTION OF, THE TENANT'S SECURITY DEPOSIT WITHIN THIRTY DAYS AFTER THE TENANT VACATES THE RESIDENTIAL PREMISES. NO SECURITY DEPOSIT SHALL BE RETAINED TO COVER NORMAL WEAR AND TEAR. IN THE EVENT THAT ACTUAL CAUSE EXISTS FOR RETAINING ANY PORTION OF THE SECURITY DEPOSIT, THE LANDLORD SHALL PROVIDE THE TENANT WITH A WRITTEN STATEMENT LISTING THE EXACT REASONS FOR THE RETENTION OF ANY PORTION OF THE SECURITY DEPOSIT. THE LANDLORD SHALL INCLUDE PAYMENT OF THE DIFFERENCE BETWEEN ANY SUM DEPOSITED AND THE AMOUNT RETAINED WITH THE WRITTEN STATEMENT. THE LANDLORD IS DEEMED TO HAVE COMPLIED WITH THIS SECTION BY MAILING SAID STATEMENT AND ANY PAYMENTS REQUIRED BY THIS SECTION TO THE ADDRESS PROVIDED BY THE TENANT. NOTHING IN THIS SECTION SHALL PRECLUDE THE LANDLORD FROM WITHHOLDING THE SECURITY DEPOSIT FOR NONPAYMENT OF RENT OR FOR NONPAYMENT OF UTILITY CHARGES, REPAIR WORK, OR CLEANING CONTRACTED FOR BY THE TENANT.

(6)  IF THE TENANT DOES NOT RECEIVE THE ENTIRE SECURITY DEPOSIT OR A PORTION OF THE SECURITY DEPOSIT TOGETHER WITH A WRITTEN STATEMENT LISTING THE EXACT REASONS FOR THE RETENTION OF ANY PORTION OF THE SECURITY DEPOSIT WITHIN THE TIME PROVIDED FOR IN SUBSECTION (5) OF THIS SECTION, THE RETENTION OF THE SECURITY DEPOSIT SHALL BE DEEMED WILLFUL AND WRONGFUL AND, NOTWITHSTANDING THE PROVISIONS OF SECTION 38­12­103 (3), SHALL ENTITLE THE TENANT TO TREBLE THE AMOUNT OF THE SECURITY DEPOSIT AND TO REASONABLE ATTORNEY FEES.


SB 98-73


(Cont.)

(7)  NOTHING IN THIS SECTION SHALL ENTITLE THE TENANT TO TERMINATE A LEASE FOR A CONDITION CAUSED BY THE DELIBERATE OR NEGLIGENT ACT OR OMISSION OF THE TENANT, A MEMBER OF THE TENANT'S FAMILY, OR ANY OTHER PERSON WHO IS ON THE RESIDENTIAL PREMISES WITH THE TENANT'S CONSENT. NOTHING IN THIS SECTION SHALL ENTITLE THE TENANT TO TERMINATE A LEASE FOR A CONDITION CAUSED BY CASUALTIES DUE TO NATURAL EVENTS, CIVIL STRIFE, STRIKES, OR OTHER CAUSES NOT WITHIN THE REASONABLE CONTROL OF THE LANDLORD.

SECTION 5.  Effective date ­ applicability.  This act shall take effect July 1, 1998, and shall apply to leases existing on and after July 1, 1998.

SECTION 6.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Business After consideration on the merits, the committee recommends that SB 98-107 be

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

and Labor favorable recommendation:

Amend printed bill, page 2, strike lines 2 through 24 and substitute the following:

"SECTION 1.  8-42-107 (8) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

8­42­107. Permanent partial disability benefits ­ schedule ­ medical impairment benefits ­ how determined. (8)  Medical impairment benefits ­ determination of MMI for scheduled and nonscheduled injuries. (b) (IV)  NO EMPLOYER OR INSURER SHALL TERMINATE THE PRESCRIPTION MEDICATION BENEFITS OF AN INJURED WORKER BEFORE THE DISPUTE CONCERNING MAXIMUM MEDICAL IMPROVEMENT HAS BEEN RESOLVED PURSUANT TO THIS SECTION.

SECTION 2.  8-42-107 (8) (c), Colorado Revised Statutes, is amended to read:

8­42­107.  Permanent partial disability benefits ­ schedule ­ medical impairment benefits ­ how determined. (8)  Medical impairment benefits ­ determination of MMI for scheduled and nonscheduled injuries. (c)  When the injured employee's date of maximum medical improvement has been determined pursuant to paragraph (b) of this subsection (8), and there is a determination that permanent medical impairment has resulted from the injury, the authorized treating physician shall determine a medical impairment rating as a percentage of the whole person based on the revised third edition of the "American Medical Association Guides to the Evaluation of Permanent Impairment", in effect as of July 1, 1991. Except for a determination by the authorized treating physician providing primary care that no permanent medical impairment has resulted from the injury, any

physician who determines a medical impairment rating shall have received accreditation under the level II accreditation program pursuant to section 8­42­101. For purposes of determining levels of medical impairment, the physician shall not render a medical impairment rating based on chronic pain without anatomic or physiologic correlation. Anatomic correlation must be based on objective findings. If either party disputes the authorized treating physician's finding of medical impairment, including a finding that there is no permanent medical impairment, the parties may select an independent medical examiner by mutual agreement. The finding of such independent medical examiner shall be binding on the parties and on the division. If the parties are unable to mutually agree on the selection of an independent medical examiner, the division shall select an independent medical examiner from a list of independent medical examiners maintained by the division. The cost of such independent medical examination shall be borne by the requesting party. The finding of such independent medical examiner regarding the medical impairment rating shall be overcome only by clear and convincing evidence. A hearing on this matter shall not take place until the finding of the independent medical examiner selected by the director has been filed with the division. NO EMPLOYER OR INSURER SHALL TERMINATE THE PRESCRIPTION MEDICATION BENEFITS OF AN INJURED WORKER BEFORE THE DISPUTE CONCERNING MAXIMUM MEDICAL IMPROVEMENT HAS BEEN RESOLVED PURSUANT TO THIS SECTION.


SB 98-107


(Cont.)

SECTION 3.  10-4-706 (6) (a), Colorado Revised Statutes, is amended to read:

10­4­706.  Required coverages ­ complying policies ­ PIP examination program. (6) (a)  The general assembly directs the commissioner to promulgate a rule, pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., establishing a PIP examination program for the purpose of timely investigation and resolution of disputed PIP claims submitted to an insurance company under this part 7. The PIP examination program shall be the exclusive method for obtaining an independent medical examination from a health care practitioner other than a treating provider relating to a disputed PIP claim, except as provided in paragraph (c) of this subsection (6). NO INSURER SHALL TERMINATE PREVIOUSLY AUTHORIZED PRESCRIPTION MEDICATION BENEFITS OF AN INSURED OR INJURED PERSON ENTITLED TO BENEFITS BEFORE THE DISPUTE CONCERNING THE PIP CLAIM HAS BEEN RESOLVED PURSUANT TO THIS SUBSECTION (6).".

Strike pages 3 and 4.

Page 5, strike lines 1 through 4.

Renumber succeeding sections accordingly.

Page 5, strike lines 8 through 25 and substitute the following:

"10-16-122.  Access to prescription drugs. AN ENTITY SUBJECT TO THIS ARTICLE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND HAS NEGOTIATED THE CONTRACT PRICING AND TERMS FOR THE ADMINISTRATION OF THE PRESCRIPTION DRUG BENEFIT WITH A PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY SHALL OFFER TO CONTRACT WITH EACH PHARMACY PROVIDER IN THE SAME GEOGRAPHIC AREA IF SUCH PHARMACY PROVIDER AGREES TO REASONABLE CONTRACT TERMS AND PRICES AS SET BY SUCH ENTITY AND THE PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY.";

strike line 26.

Page 6, strike lines 1 through 18 and substitute the following:

"SECTION 4.  8-42-101 (3.6), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

8­42­101.  Employer must furnish medical aid ­ approval of plan ­ fee schedule ­ contracting for treatment ­ no recovery from employee ­ medical treatment guidelines ­ accreditation of physicians ­ repeal. (3.6) (o.5)  IN ANY CASE WHERE THE INSURANCE CARRIER OR THE SELF-INSURED EMPLOYER HAS NO PARTICIPATING PROVIDER TO PROVIDE TREATMENT TO AN INJURED WORKER THAT IS PART OF THE MEDICAL TREATMENT GUIDELINES, IS RECOMMENDED BY THE PHYSICIAN PROVIDING PRIMARY CARE TO THE INJURED WORKER, AND IS AGREED TO BY THE PARTIES, THE INSURANCE CARRIER OR THE SELF-INSURED EMPLOYER SHALL ARRANGE FOR A REFERRAL TO A PROVIDER WITH THE NECESSARY EXPERTISE AND ENSURE THAT THE INJURED WORKER OBTAINS TREATMENT AT NO GREATER COST TO THE INJURED WORKER THAN IF THE TREATMENT WERE OBTAINED FROM A PARTICIPATING PROVIDER.

SECTION 5.  10-4-706 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

10­4­706.  Required coverages ­ complying policies ­ PIP examination program. (2) (j)  IN ANY CASE WHERE THE INSURER HAS NO PARTICIPATING PROVIDER TO PROVIDE A COVERED BENEFIT TO AN INSURED OR PERSON ENTITLED TO BENEFITS, AND THE RECEIPT OF SUCH BENEFIT IS AGREED TO BY THE PARTIES, THE INSURER SHALL ARRANGE FOR A REFERRAL TO A PROVIDER WITH THE NECESSARY EXPERTISE AND ENSURE THAT THE INSURED OR PERSON ENTITLED TO BENEFITS OBTAINS TREATMENT AT NO GREATER COST TO THE INSURED OR PERSON ENTITLED TO BENEFITS THAN IF THE TREATMENT WERE OBTAINED FROM A PARTICIPATING PROVIDER.".

Renumber succeeding section accordingly.

______________________________

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 Thursday, February 5, was laid over until Friday, February 6, retaining its place on the calendar.

______________________________


TRIBUTES--A POINT OF INTEREST

Honoring Cindy Mihelich by Senator Thiebaut

Honoring Brenda Baker by Senator Thiebaut

Honoring Ray Schuster by Senator Bishop

Honoring Monika Todd by Senator Bishop

Memorializing Dennis Michael Trujillo by Senator Thiebaut

Memorializing John Austin Conley by Senator Thiebaut

Memorializing Jennie Occhiato Gersick by Senator Thiebaut

Memorializing Clarence A. Burianek by Senator Thiebaut

Memorializing Minerva D. Clevenger by Senator Thiebaut

Memorializing Robert M. Slobodnik by Senator Thiebaut

Memorializing Joe J. Silchia by Senator Thiebaut

Memorializing George F. McCarthy by Senator Thiebaut

Memorializing Robert D. Pierce, M.D. by Senator Thiebaut

Memorializing Dominica Maria Falagrady by Senator Thiebaut

Memorializing Barney Ben Falagrady by Senator Thiebaut

Memorializing Claude Thomas by Members of the Senate



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

February 6, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate