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

66th Legislative Day Friday, March 13, 1998


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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 28.

Absent/Excused--Chlouber, Dennis, Hopper, Perlmutter, Tebedo--Total, 5.

Absent--Feeley, Lacy--Total, 2.

Present later--Feeley, Hopper, Lacy, Perlmutter.

Quorum The President announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of March 12th was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly printed: SB 98-184, 185, 186.

Services

Correctly enrolled: SJR 98-1, 2.

SIGNING OF BILLS

The President has signed: SB 98-38, 132.

The President has signed: HB98-1071.

SIGNING OF RESOLUTIONS

The President has signed: SJR98-5, 9; SR 98-7.

COMMITTEE OF REFERENCE REPORTS

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1089

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1090

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

Environment, referred favorably to the Committee of the Whole: HB 98-1370

Welfare and

Institutions

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

Environment, referred favorably to the Committee on Appropriations: HB 98-1369

Welfare and

Institutions

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1364


Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1361

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1236

Judiciary After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1102

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration

Natural and has had a hearing on the following appointment and recommends that the appointment

Resources be confirmed:

and Energy

MINED LAND RECLAMATION BOARD

for a term expiring March 1, 2001:

Harry J. Javernick of Lakewood, Colorado, to serve as a representative of the mining industry and to fill a vacancy occasioned by the resignation of James B. Cooley.

Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration

Natural and has had a hearing on the following appointments and recommends that the

Resources appointments be confirmed:

and Energy

COLORADO WATER CONSERVATION BOARD

for terms expiring February 12, 2001:

David H. Smith of Meeker, Colorado, to serve as a representative of the Yampa White drainage basin and as a Republican;

Patricia Wells of Denver, Colorado, to serve as a representative of the City and County of Denver and as a Democrat;

Richard Eric Kuhn of Glenwood Springs, Colorado, to serve as a representative of the main Colorado drainage basin and a Unaffiliated.

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

Government referred favorably to the Committee of the Whole: HB 98-1029

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

Government referred favorably to the Committee of the Whole: HB 98-1020

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

Government referred favorably to the Committee of the Whole: HB 98-1317

Local After consideration on the merits, the committee recommends that HB 98-1176 be

Government amended as follows and, as so amended, be referred favorably to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 18, strike "AN" and substitute "A COMMERCIAL OR".

Page 3, line 25, strike "AT LEAST FORTY";

strike line 26.

Page 4, strike lines 1 and 2 and substitute the following:

HB 98-1176

(Cont.)

"AN AMOUNT OF UP TO FIVE PERCENT OF THE MONEYS APPROPRIATED TO THE DEPARTMENT OF LOCAL AFFAIRS FROM THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND SHALL BE USED FOR SUCH PARTIAL REIMBURSEMENTS.";

line 16, strike "FIFTY" and substitute "THIRTY­FIVE".

MESSAGE FROM THE HOUSE

March 12, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1071 and has repassed the bill as so amended.

The House has adopted and returns herewith SJR98-3.

MESSAGE FROM THE GOVERNOR

March 6, 1998

To the Honorable

Colorado Senate

Colorado General Assembly

State Capitol Building

Denver, CO 80203

Ladies and Gentlemen:

On June 27, 1997, I appointed Zee Ferrufino of Denver, Colorado, to the Colorado State Fair Authority Board of Commissioners and his name was submitted for Senate confirmation.

Zee Ferrufino has submitted his resignation.

I am hereby withdrawing the name of Zee Ferrufino from further consideration by the Senate.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/9/98

P. Dicks, Assistant Secretary

______________________________

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 SM 98-1.

______________________________

CONSIDERATION OF MEMORIAL

SM 98-1 by Sen. Ament--Honoring Former Senator Kenneth I. Kinnie

(Printed in Senate Journal, March 9, pages 430-431.)

On motion of Senator Ament, the Memorial 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
Y
Tebedo
E

Arnold
Y
Hopper
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Johnson
Y
Phillips
Y
Wattenberg
Y

Blickensderfer
Y
Lacy
Y
Powers
Y
Weddig
Y

Chlouber
E
Lamborn
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
E
Matsunaka
Y
Schroeder
Y

__________________________

On motion of Senator Wells, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB 98-166; HB 98-1259, 98-1208, 98-1047, 98-1080, 98-1188, 98-1124, 98-1283, 98-1105, 98-1359, 98-1110, 98-1130, 98-1086, 98-1150, 98-1059, 98-1064, 98-1158, 98-1207, 98-1079, 98-1096, 98-1154, 98-1365, 98-1094, 98-1131, 98-1014, 98-1235, 98-1127, 98-1253, 98-1183, 98-1243, 98-1328, 98-1293, 98-1008, 98-1093, 98-1081, 98-1360, 98-1204, 98-1309, 98-1028, 98-1036, 98-1171, 98-1016, 98-1018, 98-1025, 98-1021, 98-1274, 98-1179, 98-1103, 98-1363, 98-1332, 98-1170, 98-1033 were made Special Orders at 9:55 a.m.

__________________________

Committee The hour of 9:55 a.m. having arrived, Senator Schroeder moved that the Senate resolve

of the itself into Committee of the Whole for consideration of Special Orders and Senator

Whole Schroeder was called to the Chair to act as Chairman.

SPECIAL ORDERS--SECOND READING OF BILLS--9:55 A.M.

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 98-1259 by Rep. Tate; Senator Chlouber--Alternative Workers' Comp Penalties

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1047 by Rep. McPherson; Senator Powers--CDOT Logo Signs For Urban Areas

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1124 by Rep. McElhany; Sen. Wells--Trade Secrets Theft Stat Of Limitation

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1283 by Rep. Udall; Senator Dennis--Municipal Liens

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1105 by Rep. Anderson; Senator Powers--FCPA Reporting In Local Gvmt Elections

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 4, page 397.)

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1110 by Rep. Tupa; Sen. Bishop--Minor Political Party Ballot Access

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, March 4, page 397.)

Amendment No. 2, by Senator Pascoe

Amend reengrossed bill, page 6, LINE 2, strike "CANDIDATES; OR" and substitute "CANDIDATES.";

strike lines 3 through 5.

Amend the State Veterans and Military Affairs Committee amendment, as printed in the Senate Journal, March 4, 1998, page 397, strike lines 26 and 27.

HB 98-1110

(Cont.)

Amend reengrossed bill, page 6, strike lines 6 through 9 and substitute the following:

A(2) A MINOR POLITCAL PARTY SHALL CONTINUE TO BE QUALIFIED AS A MINOR POLITCAL PARTY IF:

(a) A CANDIDATE OF THE PARTY FOR STATEWIDE OFFICE HAS RECEIVED AT LEAST ONE PERCENT OF THE TOTAL VOTES CAST FOR ANY STATEWIDE OFFICE IN EITHER THE LAST TWO PRECEDING GENERAL ELECTIONS; OR

(b) ONE THOUSAND OR MORE REGISTERED ELECTORS ARE AFFILIATED WITH THE MINOR POLITICAL PARTY PRIOR TO JULY 1 IN EITHER OF THE LAST TWO PRECEDING GENERAL ELECTIONS FOR WHICH THE PARTY SEEKS TO NOMINATE CANDIDATES.".

Amendment No. 3, by Senator Bishop

Amend reengrossed bill, page 11, after line 24, insert the following:

"SECTION 9.  1­4­1002 (5), Colorado Revised Statutes, is amended, and the said 1­4­1002 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

1­4­1002.  Vacancies in designation or nomination. (4.5)  ANY VACANCY IN A NOMINATION FOR A MINOR POLITICAL PARTY CANDIDATE OCCURRING AFTER THE FILING OF THE CERTIFICATE OF DESIGNATION PURSUANT TO SECTION 1­4­1304 (3) AND MORE THAN FIFTY­FIVE DAYS BEFORE THE GENERAL OR CONGRESSIONAL VACANCY ELECTION, WHICH IS CAUSED BY THE DECLINATION, DEATH, OR WITHDRAWAL OF ANY PERSON NOMINATED BY THE MINOR POLITICAL PARTY, MAY BE FILLED BY THE PERSON OR PERSONS DESIGNATED IN THE CONSTITUTION OR BYLAWS OF THE MINOR POLITICAL PARTY TO FILL VACANCIES.

(5) (a)  The persons designated to fill any of the vacancies in subsections (1) to (4) (4.5) of this section shall file any certificate of designation or nomination to fill the vacancy, together with a written acceptance signed by the person designated or nominated, with the designated election official with whom the original certificate or petition was filed. This filing shall be done no later than the close of business on the fifty­fifth day before the election affected by the vacancy.

(b)  If the persons designated to fill any of the vacancies in subsections (1) to (4) (4.5) of this section decide not to fill a vacancy, they shall in like manner file a certificate setting forth the occurrence of the vacancy, stating they do not intend to fill the vacancy.

(7.5)  ANY VACANCY IN A STATEWIDE OR COUNTY OFFICE, IN THE OFFICE OF DISTRICT ATTORNEY, OR IN THE OFFICE OF A STATE SENATOR OCCURRING DURING A TERM OF OFFICE SHALL BE FILLED AT THE NEXT GENERAL ELECTION WITH NOMINATION OR DESIGNATION BY A MINOR POLITICAL PARTY PURSUANT TO THE CONSTITUTION OR BYLAWS OF THE MINOR POLITICAL PARTY.".

Renumber succeeding sections accordingly.

Page 15, after line 25, insert the following:

"SECTION 15.  1­12­203 (1) and (3), Colorado Revised Statutes, are amended to read:

HB 98-1110

(Cont.)

1­12­203.  Vacancies in general assembly. (1)  In the event of a vacancy in the general assembly caused by the death or resignation of a member who has been sworn into office or caused by the death or resignation of a member who has been elected to a seat but who has not yet been sworn into office, the vacancy shall be filled by the appropriate vacancy committee, if any, as provided in section 1­3­103 (1) (d), of the same political party and of the same representative or senatorial district represented by the former member whose seat is vacant. IF THE MEMBER WAS AFFILIATED WITH A MINOR POLITICAL PARTY, THEN THE VACANCY SHALL BE FILLED BY THE VACANCY COMMITTEE DESIGNATED IN THE CONSTITUTION OR BYLAWS OF THE MINOR POLITICAL PARTY. If the member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the petition for nomination pursuant to section 1­4­802 (1) (e). The vacancy shall be filled until the next general election after the vacancy occurs, when the vacancy shall be filled by election.

(3)  The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who possesses the constitutional qualifications for a member of the general assembly and who is affiliated with the same political party OR MINOR POLITICAL PARTY, if any, shown on the registration books of the county clerk and recorder as the former member whose seat is vacant. No meeting shall be held until a quorum is present consisting of two­thirds of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy. The committee shall certify the selection to the secretary of state within ten days from the date the vacancy occurs. If the vacancy committee fails to certify a selection within ten days, the governor, within five days, shall fill the vacancy by appointing a person having the qualifications set forth in this subsection (3). The name of the person selected or appointed shall be certified to the secretary of state, who shall certify the name to the appropriate house of the general assembly. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office and shall serve until the next convening of the general assembly following the election certification and qualification of a successor.

SECTION 16.  1­12­206 (5), Colorado Revised Statutes, is amended, and the said 1­12­206 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

1­12­206.  Vacancies in the office of county commissioner. (4.5)  IF THE VACATING COMMISSIONER IS AFFILIATED WITH A MINOR POLITICAL PARTY, THEN A REGISTERED ELECTOR AFFILIATED WITH THE SAME MINOR POLITICAL PARTY SHALL BE APPOINTED AS THE SUCCESSOR PURSUANT TO THE CONSTITUTION OR BYLAWS OF THE MINOR POLITICAL PARTY.

(5)  Any person appointed to a vacancy in the office of county commissioner under this section shall be a resident of the county and reside within the district, if any, in which the vacancy exists and shall be a member of the same political party OR MINOR POLITICAL PARTY, if any, shown on the registration books of the county clerk and recorder as the vacating commissioner. Any person appointed pursuant to this section shall hold the office until the next general election or until the vacancy is filled by election according to law.".

Renumber succeeding sections accordingly.

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1208 by Rep. S. Williams; Sen. Wattenberg--Except School Employees From Skills Test

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1080 by Rep. Reeser; Senator Wattenberg--Workers' Comp Funds

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1130 by Rep. Faatz; Senator Hopper--Crime Victims' Compensation

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1059 by Rep. Gordon; Sen. Dennis--Traffic Violations In School Zones

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1064 by Rep. Tool; Sen. Rizzuto--County Clerk & Recorder Agent Fee

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1086 by Rep. May; Sen. Alexander--Redemption Period For Residential Land

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 6, page 405.)

Amendment No. 2, by Senator Alexander

Amend reengrossed bill, page 2, line 13, after "(b)", insert "(I)";

line 17, strike "(I)" and substitute "(A)";

line 19, strike "(II)" and substitute "(B)";

line 24, strike "(III)" and substitute "(C)".

Page 3, after line 1, insert the following:

"(II)  A TITLE INSURANCE COMPANY ISSUING A POLICY MAY RELY UPON ANY OF THE FORMS OF EVIDENCE SET FORTH UNDER THIS PARAGRAPH (b).".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1158 by Rep. Musgrave; Sen. Arnold--Parental Consent To Use Of Student Data

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1359 by Rep. Dean; Senator Lacy--Election Law Modifications

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, March 9, page 428.)

Amendment No. 2, by Senator Lacy

Amend reengrossed bill, page 4, line 6, strike "(a), Colorado Revised Statutes, is" and substitute "(a) and (2) (c), Colorado Revised Statutes, are";

line 13, after "require", insert "THE LESSER OF ONE THOUSAND SIGNERS OR";

after line 17, insert the following:

"(c)  Every petition in the case of a candidate for an office to be filled by vote of the electors of the entire state shall be signed by AT LEAST ONE THOUSAND eligible electors in a number equal to at least two percent of the votes cast in the EACH congressional district. at the most recent general election for the political party's candidate for the office for which the petition is being circulated.".

Amendment No. 3, by Senator Lacy

Amend reengrossed bill, page 2, strike line 15 and substitute the following:

"1­45­104, 1­45­105, 1­45­106, or".

HB 98-1359 Amendment No. 4, by Senator Lacy

(Cont.)

Amend reengrossed bill, page 2, strike lines 10 through 26 and substitute the following:

"SECTION 2.  1­45­113, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

1­45­113.  Sanctions. (6) (a)  ANY INDIVIDUAL VOLUNTEERING HIS OR HER TIME ON BEHALF OF A CANDIDATE OR CANDIDATE COMMITTEE SHALL BE IMMUNE FROM CRIMINAL PROSECUTION OF A CLASS 2 MISDEMEANOR DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND FROM ANY LIABILITY FOR A FINE OR PENALTY IMPOSED PURSUANT TO THIS SECTION IN ANY PROCEEDING THAT IS BASED ON AN ACT OR OMISSION OF SUCH VOLUNTEER IF:

(I)  THE VOLUNTEER WAS ACTING IN GOOD FAITH AND WITHIN THE SCOPE OF SUCH VOLUNTEER'S OFFICIAL FUNCTIONS AND DUTIES FOR THE CANDIDATE OR CANDIDATE COMMITTEE; AND

(II)  THE VIOLATION WAS NOT CAUSED BY WILLFUL AND INTENTIONAL MISCONDUCT BY SUCH VOLUNTEER.

(b)  PARAGRAPH (a) OF THIS SUBSECTION (6) SHALL BE ADMINISTERED IN A MANNER THAT IS CONSISTENT WITH THE LEGISLATIVE DECLARATION SET FORTH IN SECTION 1­45­102.".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1150 by Rep. Epps; Senator Powers--School Dist Tax Auth School Libraries

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1207 by Rep. Lawrence; Senator Mutzebaugh--Transportation Of Prisoners

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 4, pages 396-397.)

Amendment No. 2, by Senator Mutzebaugh

Amend the committee amendment, as printed in Senate Journal, March 4, page 396, strike line 68, and substitute the following:

"Amend reengrossed bill, page 2, line 9, strike "CORRECTIONS" and substitute "CORRECTIONS, ANY COMMUNITY CORRECTIONS PROGRAM OPERATED PURSUANT TO THIS TITLE,";

line 22, strike "ONE, AWAKE SUPERVISING INDIVIDUAL." and substitute "ONE SUPERVISING INDIVIDUAL WHO SHALL REMAIN AWAKE.";

line 26, strike "A" and substitute "ANY".";

after line 70, insert the following:

"line 3, strike "SHERIFF OF THE COUNTY" and substitute "HEAD LAW ENFORCEMENT OFFICER IN CHARGE OF THE SECURE FACILITY";";

after line 72, insert the following:

"line 7, strike "COUNTY" and substitute "OPERATOR OF THE SECURE FACILITY";".

Page 397, line 3, change the period to a semicolon;

after line 3, insert the following:

"line 12, strike "NOTIFY" and substitute "NOTIFY, IF PRACTICABLE, THE LAW ENFORCEMENT AGENCY OF THE LOCAL JURISDICTION";

HB 98-1207

(Cont.)

line 13, strike "THE SHERIFF OF THE COUNTY";

line 17, strike "FIVE" and substitute "ONE";

line 20, after "ALL", insert "ACTUAL";

line 21, strike "IN APPREHENDING" and substitute "BY ANY GOVERNMENTAL ENTITY IN RECAPTURING" and after "ALL", insert "ACTUAL";

line 22, strike "PRISONER." and substitute "PRISONER WHILE AT LARGE.".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1079 by Rep. Miller; Sen. Ament--Prisoner Litigation Reform

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1096 by Rep. Smith; Senator J. Johnson--Regulation Of Scrap Metal As Solid Waste

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1154 by Rep. T. Williams; Senator Schroeder--Unemployment Benefit Requirements

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1094 by Rep. Paschall; Senator Norton--Continue Air Science Advisory Board

Ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1131 by Rep. K. Alexander; Senator Bishop--Warranties For Facilitative Technology

Amendment No. 1, by Senator Bishop

Amend reengrossed bill, page 4, line 17, after the second "DEVICE", insert "THAT HAS A RETAIL PRICE EQUAL TO OR GREATER THAN ONE HUNDRED DOLLARS AND THAT IS".

Page 12, after line 12, insert the following:

"(2) THIS PART 5 SHALL BE IN ADDITION TO AND SHALL NOT LIMIT THE RIGHTS OR REMEDIES AVAILABLE TO A CONSUMER UNDER ANY MANUFACTURER'S WARRANTY WITH RESPECT TO A FACILITATIVE DEVICE OR OTHER TECHNOLOGICAL DEVICE DESIGNED TO BE USED BY AND ASSIST A PERSON WITH A DISABILITY, REGARDLESS OF THE RETAIL PRICE OF THE FACILITATIVE DEVICE OR OTHER TECHNOLOGICAL DEVICE.".

Renumber succeeding subsections accordingly.

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1365 by Rep. Musgrave; Senator B. Alexander--U.I. Denials For Drug And Alcohol Addict

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 4, pages 397-398.)

Amendment No. 2, by Senator Alexander

Amend the committee amendment, as printed in Senate Journal, March 4, page 397, strike lines 63 through 65 and substitute the following:

HB 98-1365

(Cont.)

"Amend reengrossed bill, page 2, strike lines 18 through 21 and substitute the following:

"approved treatment program.".".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage.

HB 98-1014 by Rep. Reeser; Senator Wattenberg--Continuation Of Plumbing Board

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

HB 98-1235 by Rep. Bacon; Senator Chlouber--Industrial Banks

Laid over until the General Orders calendar of Monday, March 16, retaining its place on the calendar.

The following bills on the Special Orders calendar of Friday, March 13, were laid over until the General Orders calendar of Monday, March 16, retaining their place on the calendar:

HB 98-1127, 98-1253, 98-1183, 98-1243, 98-1328, 98-1293, 98-1008, 98-1093, 98-1081, 98-1360, 98-1204, 98-1309, 98-1028, 98-1036, 98-1171, 98-1016, 98-1018, 98-1025, 98-1021, 98-1274, 98-1179, 98-1103, 98-1363, 98-1332, 98-1170, 98-1033; SB 98-166; HB 98-1188.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Schroeder, 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 98-1047, 98-1124, 98-1208, 98-1080, 98-1064, 98-1150, 98-1096, 98-1094, declared passed on Second Reading.

HB 98-1105 as amended, 98-1110 as amended, 98-1086 as amended, 98-1359 as amended, 98-1207 as amended, 98-1131 as amended, 98-1365 as amended, declared passed on Second Reading.

HB 98-1259, 98-1283, 98-1130, 98-1059, 98-1158, 98-1079, 98-1154, 98-1014, 98-1235, 98-1127, 98-1253, 98-1183, 98-1243, 98-1328, 98-1293, 98-1008, 98-1093, 98-1081, 98-1360, 98-1204, 98-1309, 98-1028, 98-1036, 98-1171, 98-1016, 98-1018, 98-1025, 98-1021, 98-1274, 98-1179, 98-1103, 98-1363, 98-1332, 98-1170, 98-1033; SB 98-166; HB 98-1188, laid over until the General Orders calendar of Monday, March 16, retaining their place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1250

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB 98-1214

Finance After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB 98-1065

Finance After consideration on the merits, the committee recommends that HB 98-1165 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, line 5, strike "39­22­520." and substitute "39­22­522.".

HB 98-1165

(Cont.)

Page 4, line 19, strike "39­22­521." and substitute "39­22­523.".

Page 6, line 2, strike "39­22­520" and substitute "39­22­522";

line 15, strike "13­21­133," and substitute "13­21­113,".

Finance After consideration on the merits, the committee recommends that HB 98-1100 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, after line 18, insert the following:

"SECTION 3.  Refer to people under referendum.  This act shall be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each elector voting at said election and desirous of voting for or against said act shall cast a vote as provided by law either "Yes" or "No" on the proposition: "SHALL THE STATE INCOME TAX RATE IMPOSED ON INDIVIDUALS, ESTATES, TRUSTS, AND CORPORATIONS DOING BUSINESS IN COLORADO BE LOWERED FROM FIVE PERCENT TO FOUR AND THREE­QUARTERS PERCENT FOR INCOME TAX YEARS COMMENCING OR AFTER JANUARY 1, 1998?" The votes cast for the adoption or rejection of said act shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress.";

strike lines 19 through 24.

Page 3, strike lines 1 through 3.

Finance After consideration on the merits, the committee recommends that HB 98-1266 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, line 6, strike "OR A QUALIFIED" and substitute "OR A QUALIFYING WIDOW OR WIDOWER WITH A DEPENDENT CHILD,";

line 7, strike "INDIVIDUAL FILING AS A SURVIVING SPOUSE,".

Finance After consideration on the merits, the committee recommends that HB 98-1269 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, line 3, strike "INTERNAL REVENUE CODE" and substitute "INTERNAL REVENUE CODE OF 1986", AS AMENDED,";

line 5, strike "FIVE" and substitute "ONE";

after line 5, insert the following:

"SECTION 2.  39­26­114, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

39­26­114.  Exemptions ­ disputes ­ credits or refunds. (19)  ALL SALES AND PURCHASES OF TANGIBLE PERSONAL PROPERTY BY A MANUFACTURER THAT USES SUCH PROPERTY AS A COMPONENT PART OF GOODS THAT IT MANUFACTURES, INCLUDING, BUT NOT LIMITED TO, HIGH TECHNOLOGY GOODS, AND THAT DONATES SUCH GOODS TO THE UNITED STATES GOVERNMENT; THE STATE OF COLORADO OR ANY DEPARTMENT, INSTITUTION, OR POLITICAL SUBDIVISION THEREOF; OR ANY ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXES PURSUANT TO SECTION 501 (c) (3) OF THE "INTERNAL REVENUE CODE OR 1986", AS AMENDED, TO THE EXTENT THAT THE AGGREGATE VALUE OF THE GOODS INCLUDED IN A SINGLE DONATION EXCEEDS ONE THOUSAND DOLLARS SHALL BE EXEMPT FROM TAXATION UNDER THIS PART 1.".

HB 98-1269

(Cont.)

Renumber succeeding section accordingly.

Page 1, line 103, strike "GOODS." and substitute "GOODS, AND, IN CONNECTION THEREWITH, EXEMPTING FROM STATE SALES TAX PURCHASES OF TANGIBLE PERSONAL PROPERTY BY A MANUFACTURER THAT USES SUCH PROPERTY AS A COMPONENT PART OF CERTAIN GOODS THAT IT MANUFACTURES AND DONATES. ".

Education After consideration on the merits, the committee recommends that HB 98-1050 be

amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 2, after "(1.5)", insert "(a)";

line 3, after "EACH", insert "CAMPUS OF EACH";

line 8, strike "(a)" and substitute "(I)";

line 13, strike "(b)" and substitute "(II)";

line 15, strike "APPROPRIATED; AND" and substitute "APPROPRIATED.";

strike lines 16 and 17 and substitute the following:

"(b)  NOTHING IN THIS SUBSECTION (1.5) SHALL BE CONSTRUED TO EXEMPT ANY GOVERNMENTAL UNIT OR GOVERNMENT­FINANCED ENTITY FROM THE REQUIREMENTS OF SECTION 24­19­103.".

Education After consideration on the merits, the committee recommends that HB 98-1371 be

amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 2, strike "IMMEDIATELY";

line 3, after "DISTRICT", insert "AS SOON AS POSSIBLE".

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee of the Whole: HB 98-1157

Education After consideration on the merits, the committee recommends that the following be referred favorably to the Committee on Appropriations: HB 98-1231

Education After consideration on the merits, the committee recommends that SCR 98-4 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed concurrent resolution, page 4, line 2, after "(e)", insert "(I)";

strike lines 9 and 10 and substitute the following:

"(II)  IN DETERMINING THE NUMBER OF MILLS TO BE LEVIED FOR THE FUNDING OF PUBLIC SCHOOLS FOR THE 1999­2000 BUDGET YEAR, EACH SCHOOL DISTRICT SHALL BASE THE DETERMINATION ON THE SCHOOL DISTRICT'S ASSESSED VALUATION FOR THE PROPERTY TAX YEAR COMMENCING JANUARY 1, 1999, PLUS THE ASSESSED VALUATION OF ALL RESIDENTIAL REAL PROPERTY THAT IS EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX BY THE SCHOOL DISTRICT PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (e).

(III)  THE GENERAL ASSEMBLY SHALL ENACT LEGISLATION TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH (e).";

strike lines 11 through 26.

Page 5, strike lines 1 through 19 and substitute the following:

SCR 98-4

(Cont.)

"Section 20 (4) (a) and (7) (d) of article X of the constitution of the state of Colorado are amended, and the said section 20 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:";

line 22, strike "(1) or (6)" and substitute "(1), or (6), OR (10)";

strike line 26.

Page 6, strike lines 1 and 2;

line 21, strike "SEVENTY­FIVE" and substitute "ONE HUNDRED FIFTY­TWO MILLION FIVE HUNDRED THOUSAND";

line 22, strike "MILLION".

Page 7, strike lines 6 through 14 and substitute the following:

"(10)  Limitation on school district mill levies.  THROUGH THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF TITLE 22, COLORADO REVISED STATUTES, OR ANY SUCCESSOR SCHOOL FINANCE ACT, THE GENERAL ASSEMBLY SHALL, FOR EACH BUDGET YEAR, ESTABLISH A LIMITATION ON THE MAXIMUM NUMBER OF MILLS TO BE LEVIED BY ANY SCHOOL DISTRICT OF THE STATE FOR SCHOOL FINANCE FUNDING. IN ITS DISCRETION, THE GENERAL ASSEMBLY MAY RAISE OR LOWER THE MAXIMUM MILL LEVY THAT HAD BEEN ESTABLISHED FOR THE PRIOR BUDGET YEAR WITHOUT PRIOR VOTER APPROVAL. FOR BUDGET YEARS COMMENCING ON AND AFTER JULY 1, 1999, ANY SCHOOL DISTRICT MAY INCREASE, WITHOUT PRIOR VOTER APPROVAL, THE NUMBER OF MILLS LEVIED FOR SCHOOL FINANCE FUNDING TO GENERATE AN AMOUNT OF REVENUE FOR THAT BUDGET YEAR THAT DOES NOT EXCEED THE AMOUNT OF PROPERTY TAX REVENUE FOR SCHOOL FINANCE FUNDING FOR THE PRIOR BUDGET YEAR IF THE NUMBER OF MILLS DOES NOT EXCEED THE MAXIMUM MILL LEVY ESTABLISHED PURSUANT TO THIS SUBSECTION (10).";

line 18, strike "3, 11," and substitute "3";

strike lines 24 through 26.

Page 8, strike line 1 and substitute the following:

"PROPERTY USED AS A PRIMARY RESIDENCE, REQUIRING THE ESTABLISHMENT OF A LIMITATION ON THE MAXIMUM PROPERTY TAX MILL LEVY THAT A SCHOOL DISTRICT CAN IMPOSE FOR FUNDING PUBLIC SCHOOLS AND ALLOWING INCREASES IN THE MILL LEVY LIMITATION WITHOUT VOTER APPROVAL, ALLOWING SCHOOL DISTRICTS TO INCREASE THEIR MILL LEVIES FOR SCHOOL FINANCE PURPOSES TO GENERATE THE SAME AMOUNT OF REVENUE AS GENERATED IN THE PREVIOUS YEAR WITHOUT VOTER APPROVAL, AND, FOR THE PURPOSE OF PROVIDING PROPERTY TAX RELIEF THROUGH THE HOMESTEAD EXEMPTION AGAINST PROPERTY TAXES FOR FUNDING PUBLIC SCHOOLS, AUTHORIZING THE STATE TO RETAIN UP TO ONE HUNDRED FIFTY­TWO MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE 1997­98 STATE".

Page 1, line 102, strike "3, 11" and substitute "3";

strike lines 110 through 113 and substitute the following:

"RESIDENCE, REQUIRING THE ESTABLISHMENT OF A LIMITATION ON THE MAXIMUM PROPERTY TAX MILL LEVY THAT A SCHOOL DISTRICT CAN IMPOSE FOR FUNDING PUBLIC SCHOOLS AND ALLOWING INCREASES IN THE MILL LEVY LIMITATION WITHOUT VOTER APPROVAL, ALLOWING SCHOOL DISTRICTS TO INCREASE THEIR MILL LEVIES FOR SCHOOL FINANCE PURPOSES TO GENERATE THE SAME AMOUNT OF REVENUE AS GENERATED IN THE PREVIOUS YEAR WITHOUT VOTER APPROVAL, AND, FOR THE PURPOSE OF PROVIDING PROPERTY TAX RELIEF THROUGH THE HOMESTEAD EXEMPTION AGAINST PROPERTY TAXES FOR FUNDING PUBLIC SCHOOLS, AUTHORIZING THE STATE TO RETAIN UP TO ONE HUNDRED FIFTY­TWO MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE 1997­98 STATE".

Education After consideration on the merits, the committee recommends that HB 98-1276 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 2, line 7, strike "SALE" and substitute "SALE OR TRANSFER";

strike lines 19 through 22.

Judiciary After consideration on the merits, the committee recommends that HB 98-1178 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 5, strike "INMATES." and substitute the following:

"INMATES, EXCEPT THAT "INMATE LABOR PROGRAM" DOES NOT INCLUDE A PROGRAM THAT IS OPERATED BY A LOCAL GOVERNMENT OR COMBINATION OF LOCAL GOVERNMENTS OF THIS STATE AS A NONPROFIT BUSINESS WITHIN THE JURISDICTION BOUNDARIES OF THE LOCAL GOVERNMENT OR GOVERNMENTS AND WHOSE OPERATION HAS BEEN REVIEWED AND APPROVED BY THE LOCAL GOVERNMENT OR LOCAL GOVERNMENTS.";

line 19, strike "CERTIFIED" and substitute "APPROVED";

line 21, strike "CERTIFIED" and substitute "APPROVED";

line 25, strike "CERTIFICATION" and substitute "APPROVAL".

Page 3, line 1, strike "CERTIFYING" and substitute "APPROVING";

line 5, strike "CERTIFICATE" and substitute "APPROVAL";

line 6, strike "RECERTIFICATION" and substitute "REAPPROVAL";

line 7, strike "CERTIFICATE" and substitute "APPROVAL";

line 15, strike "(e)" and substitute "(V)".

Judiciary After consideration on the merits, the committee recommends that HB 98-1177 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend reengrossed bill, page 6, strike lines 6 and 7 and substitute the following:

"HAVING PLEADED GUILTY OR NOLO CONTENDERE.".

Page 20, line 21, strike "C.R.S." and substitute "C.R.S., BUT IN NO EVENT SHALL THE TERM OF PAROLE EXCEED THE MAXIMUM SENTENCE IMPOSED UPON THE INMATE BY THE COURT.".

Page 23, line 7, before "16­11.7­103", insert "The introductory portion to 16­11.7­103 (1) and";

strike line 8 and substitute the following:

"are amended, and the said 16­11.7­103 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:";

strike line 10 and substitute the following:

"duties ­ repeal. (1)  There is hereby created, in the department of public safety, a sex offender treatment board which shall consist of fourteen FIFTEEN members. The membership of the board shall consist of the following persons:

(d.5)  ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT WHO IS A JUDGE;

HB 98-1177

(Cont.)

(4)  The board shall carry out the following duties:".

Page 25, after line 11, insert the following:

"SECTION 14.  24­33.5­415.5, Colorado Revised Statutes, is amended to read:

24­33.5­415.5.  Sex offender identification ­ fund. There is hereby created in the state treasury the sex offender identification fund, referred to in this section as the "fund". Moneys in the fund shall consist of payments for genetic testing received from offenders pursuant to section 16­11­204.3, C.R.S., and, TO THE EXTENT SAID PAYMENTS ARE INSUFFICIENT TO FUND THE COSTS INCURRED IN GENETIC TESTING OF SEX OFFENDERS PURSUANT TO SECTION 16­11­204.3, C.R.S., SUBJECT TO general fund appropriations. Subject to annual appropriations by the general assembly, the executive director and the state court administrator are authorized to expend moneys in the fund to pay for genetic testing of offenders pursuant to section 16­11­204.3, C.R.S. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.".

Renumber succeeding sections accordingly.

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends that

Welfare and the appointments be confirmed:

Institutions

STATE BOARD OF NURSING

for terms expiring July 1, 2000:

Inez D. Buggs of Longmont, Colorado, to serve as a licensed professional nurse registered as an advanced practice nurse, reappointed;

Jill S. Garling of Glenwood Springs, Colorado, to serve as a licensed professional nurse employed in a nursing care facility, appointed;

Ronald L. Summers of Wiley, Colorado, to serve as a licensed practical nurse engaged in practical nursing employed by a licensed hospital in a rural area, appointed.

Bonnie J. Hermesman of Durango, Colorado, to serve as a licensed professional nurse engaged in nursing service administration, and to fill a vacancy occasioned by the resignation of Gloria J. Raigoza.

Health, The Committee on Health, Environment, Welfare and Institutions has had under Environment, consideration and has had a hearing on the following appointment and recommends that Welfare and the appointment be confirmed:

Institutions

STATE GRIEVANCE BOARD

for a term expiring July 1, 1998:

Joyce A. Vigil of Pueblo, Colorado, to serve as a member of the general public and to fill a vacancy occasioned by the resignation of Kathy J. Boyd.

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

Environment, postponed indefinitely: SB 98-130

Welfare and

Institutions

Health, After consideration on the merits, the committee recommends that HB 98-1114 be

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

Welfare and with favorable recommendation:

Institutions

HB 98-1114

(Cont.)

Amend reengrossed bill, page 2, line 9, after "more", insert "BUT HAS NOT YET ATTAINED THE AGE OF SIXTY­FIVE YEARS";

line 16, after "MORE", insert "BUT HAS NOT YET ATTAINED THE AGE OF SIXTY­FIVE YEARS";

line 19, strike "(g)" and substitute "(f)";

line 21, strike "REQUIRED BY" and substitute "OF SIXTY­FIVE YEARS";

line 22, strike "PARAGRAPH (f) OF THIS SUBSECTION (2)".

Page 4, strike lines 19 through 26.

Page 5, strikes lines 1 through 20;

Reletter succeeding paragraph accordingly.

Page 5, line 24, strike "REQUIRED BY PARAGRAPH (f) OF THIS SUBSECTION (2)." and substitute "OF SIXTY­FIVE YEARS.";

strike line 25 and substitute the following:

"INCLUDE METHODS TO SCREEN APPLICANTS FOR EMPLOYABILITY, INCLUDING AN EMPLOYMENT ASSESSMENT INSTRUMENT THAT CAN BE USED TO ASSESS THE".

Page 6, line 2, strike "AND";

line 5, strike "TRAINING." and substitute "TRAINING, AND ANY SPECIAL CIRCUMSTANCES THAT WOULD MAKE IT A HARDSHIP FOR THE APPLICANT TO WORK, SUCH AS THE APPLICANT IS SERVING AS A PRIMARY CARE GIVER FOR A RELATIVE WITH SPECIAL NEEDS OR HAS MEDICAL CONDITIONS THAT WOULD MAKE IT DIFFICULT FOR THE APPLICANT TO MAINTAIN A JOB.".

Page 7, line 1, strike "TWENTY" and substitute "THIRTY";

line 4, strike "TWENTY" and substitute "THIRTY";

after line 8, insert the following:

"SECTION 4.  26­2­106 (6), Colorado Revised Statutes, is amended to read:

26­2­106.  Applications for public assistance. (6) (a)  No application for aid to the needy disabled AND NO APPLICATION FOR OLD AGE PENSION FROM A PERSON WHO HAS ATTAINED THE AGE OF SIXTY YEARS OR MORE BUT HAS NOT YET ATTAINED AGE SIXTY­FIVE shall be approved until the applicant has been examined by a doctor of medicine or a doctor of osteopathy. The examining doctor shall certify in writing upon forms prescribed by the state department as to the diagnosis, prognosis, and other relevant medical or mental factors relating to the disability of the applicant. No applicant disabled as a result of a primary diagnosis of alcoholism or a controlled substance addiction shall be approved for aid to the needy disabled except as provided in section 26­2­111 (4) (d).

(b)  Determination of the existence of total disability FOR AID TO THE NEEDY DISABLED OR FOR THE OLD AGE PENSION FOR A PERSON WHO HAS ATTAINED THE AGE OF SIXTY YEARS OR MORE BUT HAS NOT YET ATTAINED AGE SIXTY­FIVE shall be made by the county department after consideration of the factors under the provisions of section 26­2­103 (6) and on the basis of the medical examination or from medical and social data collected and verified by the county departments under the rules and regulations of the state department.

HB 98-1114

(Cont.)

(c)  The county department shall fix the fees to be paid to competent medical personnel for examination of applicants for and reexamination of recipients of aid to the needy disabled OR OF THE OLD AGE PENSION and for special medical examinations when deemed necessary by the state department pursuant to rules and regulations of the state department. Such fees shall be allowed and paid to the medical vendor in the same manner as assistance payments under the program for aid to the needy disabled OR FOR THE OLD AGE PENSION PROGRAM, pursuant to the rules and regulations of the state department. Payments to such vendors shall be subject to reimbursement by the state in the same manner as said assistance payments for aid to the needy disabled OR FOR THE OLD AGE PENSION PROGRAM.

(d)  WHEN A PERSON IS DETERMINED INELIGIBLE FOR FEDERAL FINANCIAL BENEFITS AND COLORADO SUPPLEMENTAL BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF PART 2 OF ARTICLE 2 OF THIS TITLE, THE COUNTY DEPARTMENT SHALL REEXAMINE ELIGIBILITY FOR THE OLD AGE PENSION FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY YEARS OR MORE BUT HAVE NOT YET ATTAINED AGE SIXTY­FIVE. SUCH EXAMINATION SHALL INCLUDE ASSESSMENTS TO DETERMINE FINANCIAL, TOTAL DISABILITY, AND EMPLOYABILITY STATUS.".

Renumber succeeding sections accordingly.

Page 7, line 18, strike "January" and substitute "July".

Health, After consideration on the merits, the committee recommends that HB 98-1245 be

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

Welfare and favorable recommendation:

Institutions

Amend reengrossed bill, page 2, line 17, strike "(I)".

Page 3, strike lines 15 through 26.

Page 4, strike lines 1 through 9, and substitute the following:

"(c) (I)  A PRESCRIPTION FOR A CONTROLLED SUBSTANCE LISTED IN SCHEDULE II OF PART 2 OF THIS ARTICLE MAY BE TRANSMITTED VIA FACSIMILE EQUIPMENT, SO LONG AS THE ORIGINAL WRITTEN, SIGNED PRESCRIPTION IS PRESENTED TO THE PHARMACIST FOR REVIEW PRIOR TO THE ACTUAL DISPENSING OF THE CONTROLLED SUBSTANCE, EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (c).

(II)  A PRESCRIPTION WRITTEN FOR A SCHEDULE II CONTROLLED SUBSTANCE FOR A HOSPICE PATIENT OR FOR A RESIDENT OF A LONG­TERM CARE FACILITY OR FOR THE DIRECT HOME ADMINISTRATION TO A PATIENT BY PARENTERAL, INTRAVENOUS, INTRAMUSCULAR, SUBCUTANEOUS, OR INTRASPINAL INFUSION (INFUSION DRUG THERAPY) MAY BE TRANSMITTED BY THE PRACTITIONER OR THE PRACTITIONER'S AGENT TO THE DISPENSING PHARMACY OR PHARMACIST BY FACSIMILE TRANSMISSION. THE PRACTITIONER OR THE PRACTITIONER'S AGENT SHALL NOTE ON THE PRESCRIPTION THAT THE PATIENT IS A HOSPICE PATIENT OR A RESIDENT IN A LONG­TERM CARE FACILITY OR A PATIENT RECEIVING INFUSION DRUG THERAPY. THE FACSIMILE SERVES AS THE ORIGINAL WRITTEN PRESCRIPTION FOR PURPOSES OF THIS SECTION AND SHALL BE MAINTAINED AS SPECIFIED BY THE BOARD.

(III)  FOR THE PURPOSES OF THIS PARAGRAPH (c):

(A)  "HOSPICE PATIENT" MEANS AN INDIVIDUAL WHO IS RECEIVING HOSPICE CARE FROM AN ENTITY LICENSED AND REGULATED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SECTIONS 25­1­107 (1) (l) (I) AND 25­3­101, C.R.S.

(B)  "LONG­TERM CARE FACILITY" MEANS A FACILITY THAT IS LICENSED AND REGULATED AS A SKILLED NURSING FACILITY OR NURSING CARE FACILITY BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SECTIONS 25­1­107 (1) (l) (I) AND 25­3­101, C.R.S.

SECTION 2.  18­18­308 (2), Colorado Revised Statutes, is amended to read:

18­18­308.  Prescriptions. (2)  EXCEPT AS PROVIDED IN SECTION 18­18­414, a person may dispense a controlled substance only as provided in this section.

HB 98-1245

(Cont.)

SECTION 3.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to all qualifying prescriptions dispensed on or after said date.".

Renumber succeeding section accordingly.

Health, After consideration on the merits, the committee recommends that HCR 98-1001 be

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

Welfare and with favorable recommendation:

Institutions

Amend reengrossed resolution, page 3, strike lines 4 through 6, and substitute the following:

"assembly may determine, who has attained the age of sixty years or more, and who qualifies under the laws of Colorado to receive a";

line 18, strike "FOR INDIVIDUALS";

strike lines 19 through 26, and substitute the following:

"IN ORDER TO QUALIFY FOR THE PENSION, PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY YEARS BUT HAVE NOT ATTAINED THE AGE OF SIXTY­FIVE YEARS MUST ALSO BE EITHER DISABLED OR UNEMPLOYABLE. THE GENERAL ASSEMBLY SHALL ESTABLISH CRITERIA FOR THE DETERMINATION OF DISABILITY AND UNEMPLOYABILITY. THE CHANGES IN THIS SECTION SHALL APPLY TO PERSONS WHO APPLY FOR A PENSION ON OR AFTER JULY 1, 1999.".

Page 4, strike lines 1 through 12;

line 26, strike "TWENTY" and substitute "THIRTY".

Page 5, line 4, strike "TWENTY" and substitute "THIRTY";

strike lines 11 through 14, and substitute the following:

"THEREWITH, PROVIDING THAT PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY YEARS BUT HAVE NOT ATTAINED THE AGE OF SIXTY­FIVE YEARS MUST BE EITHER UNEMPLOYABLE OR DISABLED IN ORDER TO QUALIFY FOR THE OLD AGE PENSION, AUTHORIZING THE";

strike lines 17 through 19, and substitute the following:

"APPLICANTS ON OR AFTER JULY 1, 1999, AND INCREASING THE CAP ON THE".

Page 1, strike lines 105 through 108, and substitute the following:

"PROVIDING THAT PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY YEARS BUT HAVE NOT ATTAINED THE AGE OF SIXTY­FIVE YEARS MUST BE EITHER UNEMPLOYABLE OR DISABLED IN ORDER TO QUALIFY FOR THE OLD AGE PENSION,";

strike lines 112 through 114, and substitute the following:

"AFTER JULY 1, 1999, AND INCREASING THE CAP ON".

MESSAGE FROM THE HOUSE

March 13, 1998

Mr. President:

The House has voted to concur in the Senate amendments to HB98-1026, 1055, 1101, 1116, 1143, 1162, 1168, and 1356 and has repassed the bills as so amended.

The House has voted not to concur in the Senate amendments to HB98-1358 and requests that a conference committee be appointed. The Speaker has appointed Representatives Grampsas, chairman, Owen, and Romero as House conferees on the First Conference Committee on HB98-1358. The bill is transmitted herewith.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 98-12 by Senator Blickensderfer; also Representative McPherson--Concerning the recognition of liberty day and liberty month in Colorado.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Monday, March 16.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 98-1358 by Rep. Grampsas; Senator Lacy--Suppl Approp Capital Construction

The President appointed Senators Lacy, Chairman, Blickensderfer and Rizzuto as Senate Conferees on the First Conference Committee on HB No. 98-1358.

______________________________

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 Friday, March 13, was laid over until Monday, March 16, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Max Kralicek by Senator Bishop and Representatives Smith and G. Berry

On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,

March 16, 1998.

Approved:


Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate