Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 30.
Absent/Excused--Johnson--Total, 1.
Absent--Lacy, Perlmutter, Rupert, Wham--Total, 4.
Present later--Lacy, Perlmutter, Rupert, Wham,
Quorum The President announced a quorum present.
Reading of On motion of Senator Congrove, reading of the Journal of January 21st was dispensed
Journal with and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SR 98-4.
Services
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that SB 98-25 be amended as follows
and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 6, strike lines 4 through
7 and substitute the following:
"(e) The
division of alcohol and drug abuse shall establish an alcohol
and drug driving safety program suited to the needs of each judicial
district. In establishing these programs, the division shall consult
with local treatment programs. The
division
JUDICIAL DEPARTMENT shall".
Health, After consideration on the merits, the committee recommends that SB 98-41 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 4, strike lines 22 through
26, and substitute the following:
"SECTION 2. 186401
(1), Colorado Revised Statutes, is amended to read:
186401. Child abuse.
(1) (a) A person commits child abuse if such person
causes an injury to a child's life or health, or permits a child
to be unreasonably placed in a situation which
THAT poses a threat of injury to the child's life or health, or
engages in a continued pattern of conduct which
THAT results in malnourishment, lack of proper medical care, cruel
punishment, mistreatment, or an accumulation of injuries which
THAT ultimately results in the death of a child or serious bodily
injury to a child.
SB 98-41
(Cont.)
(b) (I) EXCEPT AS OTHERWISE PROVIDED
IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (b), A PERSON COMMITS
CHILD ABUSE IF SUCH PERSON CIRCUMCISES, EXCISES, OR INFIBULATES,
IN WHOLE OR IN PART, THE LABIA MAJORA, LABIA MINORA, VULVA, OR
CLITORIS OF A FEMALE CHILD. A PARENT, GUARDIAN, OR OTHER PERSON
LEGALLY RESPONSIBLE FOR A FEMALE CHILD OR CHARGED WITH THE CARE
OR CUSTODY OF A FEMALE CHILD COMMITS CHILD ABUSE IF HE OR SHE
ALLOWS THE CIRCUMCISION, EXCISION, OR INFIBULATION, IN WHOLE OR
IN PART, OF SUCH CHILD'S LABIA MAJORA, LABIA MINORA, VULVA, OR
CLITORIS.
(II) BELIEF THAT THE CONDUCT DESCRIBED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IS REQUIRED AS A MATTER
OF CUSTOM, RITUAL, OR STANDARD PRACTICE OR CONSENT TO THE CONDUCT
BY THE CHILD ON WHOM IT IS PERFORMED OR BY THE CHILD'S PARENT
OR LEGAL GUARDIAN SHALL NOT BE A DEFENSE TO A CHARGE OF CHILD
ABUSE UNDER THIS PARAGRAPH (b).
(III) A SURGICAL PROCEDURE THAT RESULTS
IN CHILD ABUSE IS NOT A CRIME PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH (b) IF THE PROCEDURE:
(A) IS NECESSARY TO PRESERVE THE HEALTH
OF THE CHILD ON WHOM IT IS PERFORMED AND IS PERFORMED BY A PERSON
LICENSED TO PRACTICE MEDICINE UNDER ARTICLE 36 OF TITLE 12, C.R.S.;
OR
(B) IS PERFORMED ON A CHILD WHO IS IN
LABOR OR WHO HAS JUST GIVEN BIRTH AND IS PERFORMED FOR MEDICAL
PURPOSES CONNECTED WITH THAT LABOR OR BIRTH BY A PERSON LICENSED
TO PRACTICE MEDICINE UNDER ARTICLE 36 OF TITLE 12, C.R.S.".
Strike page 5.
Page 6, strike lines 1 through 7.
Local After consideration on the merits, the committee recommends that SB 98-53 be
Government amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 2, line 9, strike "WASTE
SERVICES;" and substitute "COLLECTION AND TRANSPORTATION
OF SOLID WASTE;".
Strike lines 19 through 26.
Page 3, strike lines 1 through 19 and substitute
"(19.5) "SOLID WASTE" SHALL HAVE THE SAME DEFINITION
AS SPECIFIED IN SECTION 3020101(6), C.R.S.";
line 25, strike "WASTE SERVICES" and substitute
"COLLECTION AND TRANSPORTATION OF SOLID WASTE".
Page 4, line 11, strike "WASTE SERVICES"
and substitute "COLLECTION AND TRANSPORTATION OF SOLID WASTE";
line 13, strike "WASTE SERVICES," and substitute
"COLLECTION AND TRANSPORTATION OF SOLID WASTE,";
line 22, after "DISTRICT.", insert "ANY
SERVICE OR FACILITY PURSUANT TO THIS SUBSECTION SHALL BE SUBJECT
TO PART 1, ARTICLE 20, OF TITLE 30, C.R.S.".
______________________________
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, January 22, was laid over until Friday, January 23, retaining its place on the calendar.
______________________________
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Friday,
January 23, 1997.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate