Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Reverend Glen E. Hamlyn.
Roll Call Present--Total, 33.
Absent/Excused--Lacy, Tebedo--Total, 2.
Present later--Tebedo.
Quorum The President announced a quorum present.
Reading of On motion of Senator Chlouber, reading of the Journal of March 20th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 98-188.
Services
Correctly revised: 1008, 1014, 1018, 1021, 1036, 1081, 1103, 1179, 1188, 1204, 1235, 1243, 1274, 1297, 1309, 1323, 1332, 1360, 1363.
Correctly enrolled: SB 98-78.
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1372
Judiciary After consideration on the merits, the
committee recommends that HB 98-1117 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 13, strike "fifteen"
and substitute "fifteen
EIGHTEEN".
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 STATE FAIR AUTHORITY
BOARD OF COMMISSIONERS
for terms expiring November 1, 1999;
Betty J. Miller of Golden, Colorado, to serve as
a representative of the Sixth Congressional District and as a
Democrat;
Russell N. Johnson of Sterling, Colorado, to serve
as a representative with substantial experience in agriculture
or in the activities of 4H clubs, the Fourth Congressional
District and as a Republican;
for terms expiring November 1, 2000;
Selman T. Harned of Gypsum, Colorado, to serve as
a resident of the Western Slope and as a Republican;
Frances Koncilja of Denver, Colorado, to serve as
a representative of the First Congressional District and as a
Democrat;
Alexander "Sandy" Clark of Pueblo West,
Colorado, to serve as a resident of the county in which the Colorado
state fair and industrial exposition is held and as a Democrat;
for terms expiring November 1, 2001;
Robert A. Jackson of Pueblo, Colorado, to serve as
a resident of the county in which the Colorado state fair and
industrial exposition is held and as a Democrat.
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural postponed indefinitely: SB 98-175
Resources
and Energy
Local After consideration on the merits, the committee recommends that HB 98-1305 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 5, strike "(1)
ANY" and substitute the following:
"(1) (a) THE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT:
(I) THE EXISTENCE OF CERTAIN IRREGULAR AND IRRATIONAL
BOUNDARIES BETWEEN PORTIONS OF THE CITY AND COUNTY OF DENVER AND
THE NEIGHBORING COUNTIES OF ADAMS, ARAPAHOE, AND JEFFERSON HAS
RESULTED IN CONFUSION AND INEFFICIENCY IN THE DELIVERY OF PUBLIC
SERVICES, INCLUDING POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES
TO PROPERTIES ON OR NEAR SUCH BOUNDARIES; AND
(II) SUCH IRREGULAR BOUNDARIES JEOPARDIZE
THE ABILITY OF LANDOWNERS TO UTILIZE AND DEVELOP THEIR PROPERTY
AND IMPOSE INCREASED COSTS AND SERVICE DELAYS WHEN THOSE LANDOWNERS
SEEK DEVELOPMENT APPROVAL.
(b) THE GENERAL ASSEMBLY FURTHER FINDS
AND DECLARES THAT IT IS THE PURPOSE OF THIS SECTION TO:
(I) CREATE A STATUTORY MECHANISM, PERMITTED
BY SECTION 3 OF ARTICLE XIV OF THE COLORADO CONSTITUTION, THAT
PROVIDES LANDOWNERS WITH A LIMITED MEANS BY WHICH SUCH IRREGULAR
AND IRRATIONAL BOUNDARIES MAY BE CORRECTED FOR TERRITORY LOCATED
IN THE CITY AND COUNTY OF DENVER AND IN THE COUNTIES OF ADAMS,
ARAPAHOE, AND JEFFERSON;
(II) LIMIT THE MINOR BOUNDARY ADJUSTMENTS
UNDER THIS SECTION TO NO MORE THAN FIFTY ACRES PER ADJUSTMENT
AND TO NO MORE THAN TWO HUNDRED FIFTY ACRES FOR EACH SUCH COUNTY;
AND
(III) PERMIT A MINOR COUNTY BOUNDARY ADJUSTMENT
ONLY IF SUCH ADJUSTMENT IS REQUESTED BY ONE HUNDRED PERCENT OF
THE LANDOWNERS OF PROPERTY WITHIN THE TERRITORY THAT IS SUBJECT
TO SUCH ADJUSTMENT AND ONLY AFTER THE CONSENT OF ALL AFFECTED
COUNTIES, MUNICIPALITIES, AND SCHOOL DISTRICTS HAS BEEN OBTAINED.
(2) ANY";
Renumber succeeding subsections accordingly.
Page 2, strike lines 9 and 10, and substitute the
following:
"THE PROCEDURE CONTAINED IN THIS SECTION.";
strike lines 12 through 14, and substitute the following:
"THAT IS SIGNED BY ONE HUNDRED PERCENT OF
THE LANDOWNERS OF THE TERRITORY OF A COUNTY PROPOSED TO BE STRICKEN
OFF MAY";
HB 98-1305
(Cont.)
line 16, strike "MAP OR LEGAL" and substitute
"MAP, SURVEY, AND LEGAL".
Page 3, line 3, after "TERRITORY", insert
"WHERE ANY SPECIAL DISTRICT ORGANIZED PURSUANT TO TITLE 32
SERVES THE TERRITORY,";
after line 10, insert the following:
"(d) AS USED IN THIS SUBSECTION (3),
"LANDOWNER" MEANS THE OWNER IN FEE OF ANY UNDIVIDED
INTEREST IN A GIVEN PARCEL OF LAND THAT IS WITHIN THE BOUNDARIES
OF THE TERRITORY OF THE COUNTY PROPOSED TO BE STRICKEN OFF. IF
THE MINERAL ESTATE HAS BEEN SEVERED, THE LANDOWNER IS THE OWNER
IN FEE OF AN UNDIVIDED INTEREST IN THE SURFACE ESTATE AND NOT
THE OWNER IN FEE OF AN UNDIVIDED INTEREST IN THE MINERAL ESTATE.";
strike lines 11 through 26.
Page 4, strike line 1.
Renumber succeeding subsections accordingly.
Page 4, line 3, strike "SUBSECTION (2) OR (3)
OF";
line 19, strike "HAS" and substitute "AND
THE BOARD OF DIRECTORS OF THE SCHOOL DISTRICT FROM WHICH SUCH
AREA WILL BE DETACHED HAVE";
line 26, strike "SUBSECTION (2) OR (3) OF".
Page 5, line 8, strike "RESOLUTION OR".
Page 6, after line 4, insert the following:
"(7) NOTWITHSTANDING ANY PROVISION
OF THIS SECTION TO THE CONTRARY, NO TERRITORY OF A COUNTY THAT
CONTAINS AN OCCUPIED RESIDENTIAL UNIT MAY BE STRICKEN OFF AND
ADDED TO AN ADJOINING COUNTY PURSUANT TO THIS SECTION. AS USED
IN THIS SUBSECTION (7), "OCCUPIED RESIDENTIAL UNIT"
MEANS A BUILDING, OR THAT PORTION OF A BUILDING, DESIGNED FOR
USE PREDOMINANTLY AS A PLACE OF RESIDENCY BY A PERSON, A FAMILY,
OR FAMILIES.".
Renumber succeeding subsection accordingly.
Page 6, after line 6, insert the following:
"SECTION 2. 2232116, Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION
to read:
2232116. Exclusion of nonresidents
exception. (3) NOTWITHSTANDING
THE PROVISIONS OF SECTION 2236101, ANY PUPIL WHO IS
ENROLLED AS A RESIDENT STUDENT OF A SCHOOL DISTRICT WHO BECOMES
A NONRESIDENT AS A RESULT OF A COUNTY BOUNDARY ADJUSTMENT PURSUANT
TO SECTION 306109.7, C.R.S., SHALL BE ENTITLED TO
REMAIN ENROLLED IN THAT SCHOOL DISTRICT UNTIL THE COMPLETION OF
THE TWELFTH GRADE IF THAT PUPIL MAINTAINS A RESIDENCE IN THE AREA
THAT WAS DETACHED FROM SUCH SCHOOL DISTRICT PURSUANT TO THAT COUNTY
BOUNDARY ADJUSTMENT.".
Renumber succeeding section accordingly.
Approp- After consideration on the merits, the committee recommends that the following be
riations referred favorably to the Committee of the
Whole: HB 98-1177
Approp- After consideration on the merits, the committee recommends that HB 98-1224 be
riations amended as follows and, as so amended, be
referred favorably to the Committee of the Whole with favorable
recommendation:
Amend the committee amendment, as printed in Senate
Journal, March 11, page 439, before line 38, insert the following:
HB 98-1224
(Cont.)
"Amend reengrossed bill, page 3, line 2, strike
"CHECK TO DETERMINE" and substitute "CHECK.";
strike lines 3 through 5 of the reengrossed bill,
and substitute the following:
"UPON PAYMENT OF THE BUREAU'S COSTS, THE COLORADO
BUREAU OF INVESTIGATION SHALL UTILIZE SUCH FINGERPRINTS, THE BUREAU'S
FILES AND RECORDS, AND THE FILES AND RECORDS OF THE FEDERAL BUREAU
OF INVESTIGATION FOR THE PURPOSE OF DETERMINING WHETHER THE INDIVIDUAL
HAS BEEN CONVICTED OF OR HAS PLEADED GUILTY OR NOLO CONTENDERE
TO ANY FELONY UNDER FEDERAL OR STATE LAWS DURING THE PREVIOUS
TEN YEARS.";
line 6 of the reengrossed bill, strike everything
through the period.";
line 38 of the committee amendment, strike "Amend
reengrossed bill, page 3,";
after line 38 of the committee amendment, insert
the following:
"Page 5 of the reengrossed bill, after line
2, insert the following:
"SECTION 8. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the reserves of the P.O.S.T. board cash fund
created in section 2431303 (2) (b), Colorado Revised
Statutes, not otherwise appropriated, to the department of law,
for allocation to the peace officers standards and training board,
for the fiscal year beginning July 1, 1998, the sum of one thousand
dollars ($1,000), or so much thereof as may be necessary, for
the implementation of this act.".
Renumber succeeding sections accordingly.
Page 1, line 104, strike "MET." and substitute
"MET, AND MAKING AN APPROPRIATION.".".
State, After consideration on the merits, the committee recommends that HB 98-1306 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 1, line 9, strike "DISCHARGED
FOR CAUSE," and substitute "TERMINATED FOR FAULT,".
State, After consideration on the merits, the committee recommends that HB 98-1140 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 5, line 6, strike the
period and add "NOR TO THE VICTIM OF A PHYSICAL INJURY OR
OCCUPATIONAL DISEASE THAT CAUSES NEUROLOGICAL BRAIN DAMAGE.".
Trans- After consideration on the merits, the committee recommends that HB 98-1123 be
portation amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 1, line 5, strike "2008."
and substitute "2003.".
Page 2, line 7, after "2434l04",
insert "(32.5)";
line 8, strike "SUBSECTION" and substitute
"PARAGRAPH";
strike lines 11 through 14, and substitute the following:
"(32.5) The following agencies, functions,
or both, shall terminate on July 1, 2003:
HB 98-1123
(Cont.)
(c) THE FUNCTIONS OF THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF REVENUE IN ACCORDANCE WITH PART 1 OF ARTICLE
6 OF TITLE 12, C.R.S.".
Trans- After consideration on the merits, the committee recommends that HB 98-1128 be
portation amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend reengrossed bill, page 12, line 15, strike
" consultation with" and substitute "consultation
with".
Page 13, line 21, strike "(I)".
Page 14, strike lines 2 through 11;
strike line 20 and substitute "SECTION 8. 12-6-111
(1) and (2) (a), Colorado Revised Statutes, are".
Page 15, after line 7, insert the following:
"(2) (a) The purpose of the bond procured by the applicant
pursuant to subsection (1) of this section and sections 126112
(1) and 126112.2 (1) is to provide for the reimbursement
for any loss or damage suffered by any retail consumer caused
by violation of this part 1 by a motor vehicle dealer, used motor
vehicle dealer, wholesale motor vehicle auction dealer, or wholesaler.
For a wholesale transaction, the bond is available to each party
to the transaction; except that, if a retail consumer is involved,
such consumer shall have priority to recover from the bond. The
amount of the bond shall be thirty SIXTY thousand
dollars for a motor vehicle dealer applicant, used motor vehicle
dealer applicant, wholesale motor vehicle auction dealer applicant,
or wholesaler applicant except the amount of the bond shall be
five thousand dollars for those dealers who sell only small utility
trailers which weigh less than two thousand pounds. The aggregate
liability of the surety for all transactions shall not exceed
the amount of the bond, regardless of the number of claims or
claimants.";
line 15, strike "five" and substitute "five
TEN".
Page 16, line 8, strike "five" and substitute "five
TEN".
Page 17, after line 5, insert the following:
"SECTION 12. Repeal.
126117 (3), Colorado Revised Statutes, is repealed
as follows:
126117. Principal place
of business requirements. (3) (a) On
such site or location adequate facilities shall be maintained
for reconditioning and repairing either new or used cars, but
if the motor vehicle dealer or used motor vehicle dealer files,
in the office of the board, a contract with a duly licensed and
reputable garage with such facilities, such dealers shall not
be required to maintain such reconditioning facilities at their
principal place of business.
(b) If such contract is cancelled
or expires, then such motor vehicle dealer or used motor vehicle
dealer shall notify the board within three days after the cancellation
or expiration that such dealer no longer has a valid contract
in existence for the reconditioning and repairing of either new
or used cars.
(c) Such dealer shall file a valid
contract with a duly licensed and reputable garage within ten
days after any valid and existing contract with a duly licensed
and reputable garage has been cancelled or has expired.
SECTION 13. Repeal.
126118 (3) (q), Colorado Revised Statutes, is repealed
as follows:
126118. Licenses grounds for denial, suspension, or revocation. (3) A motor vehicle dealer's, wholesale motor vehicle auction dealer's, wholesaler's, buyer agent's, or used motor vehicle dealer's license may be denied, suspended, or revoked on the following grounds:
HB 98-1128
(Cont.)
(q) Engaging
in such business without having adequate service facilities for
the reconditioning and servicing of motor vehicles or having a
valid and existing contract with a duly licensed and reputable
garage with such facilities;".
Renumber succeeding sections accordingly.
Page 17, line 20, strike "JURISDICTION:"
and substitute "JURISDICTION DURING THE PREVIOUS TEN YEARS:".
MESSAGE FROM THE HOUSE
March 20, 1998
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1023, amended as printed in House Journal, March 19, page 971;
HB98-1063, amended as printed in House Journal, March 19, page 971;
HB98-1144, amended as printed in House Journal, March 19, page 972;
HB98-1321, amended as printed in House Journal, March 19, pages 972-973;
HB98-1378, amended as printed in House Journal, March 19, page 973;
SB98-031, amended as printed in House Journal, March 19, page 970;
SB98-054, amended as printed in House Journal, March 19, pages 970-971;
SB98-136, amended as printed in House Journal, March
19, page 971.
The House has passed on Third Reading and returns
herewith SB98-002, 049, 093, 118, and 124.
The House has adopted and returns herewith SJR98-007.
MESSAGE FROM THE REVISOR
March 20, 1998
We herewith transmit:
without comment, as amended, HB98-1023, HB98-1063,
HB98-1144, HB98-1321, HB98-1378, SB98-031, SB98-054, and SB98-136.
THIRD READING OF BILLS--FINAL PASSAGE
On Third Reading, the titles of the following bills
were publicly read, the reading at length having been dispensed
with by unanimous consent:
HB 98-1014 by Rep. Reeser; Senator Wattenberg--Continuation
Of Plumbing Board
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Chlouber, Hernandez, Martinez,
Perlmutter, Rupert.
HB 98-1081 by Rep. Bacon; Senator Reeves--Reporting
Of Fuel And Fleet Status
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 6 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | N |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1235 by Rep. Bacon; Senator Chlouber--Industrial
Banks
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1360 by Rep. Owen; Senator Rizzuto--Statutory
Authority For Ryan White Act
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Bishop, Feeley, Hernandez, Hopper,
Johnson, Linkhart, Martinez, Pascoe, Perlmutter, Phillips, Reeves,
Rupert, Wham.
HB 98-1008 by Rep. McPherson; Senator Mutzebaugh--Photographic
Documents
The question being "Shall the bill pass?" the roll was called with the following result:
YES 27 | NO 6 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | N | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | N |
Bishop | N | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | N | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | N | Rupert | N | 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-sponsor added: Schroeder
HB 98-1204 by Rep. Entz; Senator Dennis--State Nursing
Homes
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1309 by Rep. Gotlieb; Senator Chlouber--Diabetes
Health Care Coverage
The question being "Shall the bill pass?" the roll was called with the following result:
YES 22 | NO 11 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | N | Hopper | Y | Perlmutter | N | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | E | Powers | N | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | N | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | Y | Matsunaka | Y | Schroeder | N |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Feeley, Hernandez, Johnson, Linkhart,
Martinez, Pascoe, Phillips, Reeves, Rupert, Tanner, Thiebaut.
HB 98-1036 by Rep. S. Johnson; Senator Hopper--Special
License Plates For The Disabled
The question being "Shall the bill pass?" the roll was called with the following result:
YES 32 | NO 1 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | N | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1018 by Rep. Takis; Senator Schroeder--Continuation
Of Architects Board
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Bishop, Chlouber, Hernandez, Norton.
HB 98-1274 by Rep. Gordon; Senator Blickensderfer--Executive
Director Allocation Of Powers
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1179 by Rep. Tucker; Senator Mutzebaugh--Civil
Restraining Order
A majority of those elected to the Senate having
voted in the affirmative, Senator Mutzebaugh was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Mutzebaugh
Amend revised bill, page 2, line 4 strike "CREATING"
and substitute "CREATING, TO THE EXTENT POSSIBLE,";
line 12, strike "THAT MAY BE USED" and
substitute "SHALL BE USED".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | 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 | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill, as amended, was declared PASSED.
HB 98-1103 by Rep. Clarke; Senator Bishop--Inmate
Copayments For Medical Services
The question being "Shall the bill pass?" the roll was called with the following result:
YES 30 | NO 3 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | N |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | 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.
Co-sponsor added: Dennis
HB 98-1363 by Rep. Taylor; Sen. Thiebaut--Soc Sec
Number For Voter Registration
The question being "Shall the bill pass?" the roll was called with the following result:
YES 21 | NO 12 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | N | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | N | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | N | Johnson | Y | Phillips | Y | Wattenberg | N |
Blickensderfer |
N | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
N |
Dennis | N | Matsunaka | Y | Schroeder | N |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1021 by Rep. Pfiffner; Senator Bishop--Status
Aux Facilities & Extend Exp Date
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
HB 98-1332 by Rep. Sullivant; Sen. Hopper--Parking
For Disabled Veterans
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Bishop, Chlouber, Congrove, Feeley,
Hernandez, Johnson, Martinez, Norton, Pascoe, Phillips, Powers,
Schroeder, Wells, Wham.
HB 98-1188 by Rep. Snyder; Sen. Wham--Fair Campaign
Practices Act
Laid over until Tuesday, March 24, retaining its
place on the calendar.
HB 98-1297 by Rep. Tucker; Senator Schroeder--Trust
Requirements For Insurers
The question being "Shall the bill pass?" the roll was called with the following result:
YES 33 | NO 0 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | Y | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
Y | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
HB 98-1297 A majority of all members elected to the
Senate having voted in the affirmative, the bill (Cont.) was declared
PASSED.
HB 98-1323 by Rep. Swenson; Senator Norton--Molders'
Liens
The question being "Shall the bill pass?" the roll was called with the following result:
YES 31 | NO 1 | EXCUSED 3 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | N | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | Y | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | Y | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
* | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | Y | Reeves | Y | Wells | Y |
Coffman | Y | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill was declared PASSED.
Co-sponsors added: Alexander, Chlouber, Matsunaka,
Tanner.
Abstaining (*) from voting under Senate Rule 17(c)--Senator
Blickensderfer
HB 98-1243 by Rep. Lawrence; Sen. Hopper--Anesthesia
For Dental Procedures
A majority of those elected to the Senate having
voted in the affirmative, Senator Hopper was given permission
to offer a third Reading amendment.
Third Reading Amendment No. 1, by Senator Hopper
Amend revised bill, page 3, line 22, after "THAT",
insert the following:
"IF COVERAGE IS PROVIDED THROUGH A MANAGED CARE
PLAN, ".
A majority of all members elected to the Senate having
voted in the affirmative, the amendment was adopted.
The question being "Shall the bill, as amended, pass?" the roll was called with the following result:
YES 28 | NO 5 | EXCUSED 2 | ABSENT 0 | ||||
Alexander | Y | Feeley | Y | Mutzebaugh | YE | Tanner | Y |
Ament | Y | Hernandez | Y | Pascoe | Y | Tebedo | E |
Arnold | N | Hopper | Y | Perlmutter | Y | Thiebaut | Y |
Bishop | YY | Johnson | Y | Phillips | Y | Wattenberg | Y |
Blickensderfer |
N | Lacy | E | Powers | Y | Weddig | Y |
Chlouber | Y | Lamborn | N | Reeves | Y | Wells | Y |
Coffman | N | Linkhart | Y | Rizzuto | Y | Wham | Y |
Congrove | N | Martinez | Y | Rupert | Y | Mr. President |
Y |
Dennis | Y | Matsunaka | Y | Schroeder | Y |
A majority of all members elected to the Senate having voted in
the affirmative, the bill, as amended, was declared PASSED.
Co-sponsors added: Hernandez, Linkhart, Pascoe, Rupert,
Thiebaut.
Committee On motion of Senator Wham, the Senate resolved itself into Committee of the Whole
of the for consideration of General Orders and Senator Wham was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
HB 98-1158 by Rep. Musgrave; Sen. Arnold--Parental
Consent To Use Of Student Data
Laid over until Tuesday, March 24, retaining its
place on the calendar.
HB 98-1154 by Rep. T. Williams; Senator Schroeder--Unemployment
Benefit Requirements
Laid over until Wednesday, March 25, retaining its
place on the calendar.
HB 98-1183 by Rep. Gordon; Sen. Mutzebaugh--Child Custody
(Amended in General Orders as printed in Senate Journal,
March 16, pages 477-479.)
As amended, re-referred to Committee on Judiciary.
HB 98-1079 by Rep. Miller; Sen. Ament--Prisoner Litigation
Reform
Amendment No. 1, Judiciary Committee Amendment
(Printed in Senate Journal, March 4, page 397.)
Amendment No. 2, by Senator Ament
Amend reengrossed bill, page 2, line 18, strike "OR"
and substitute "ANY PRIVATE CORRECTIONAL FACILITY HOUSING
STATE PRISONERS PURSUANT TO PART 2 OF ARTICLE 1 OF TITLE 17, C.R.S.,";
line 19, after "OR", insert "ANY".
Amendment No. 3, by Senator Ament
Amend the committee report, as printed in Senate
Journal, March 4, page 397, line 15, after "ENTITY",
insert "OPERATING THE DETAINING FACILITY".
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1016 by Rep. T. Williams; Senator Schroeder--Regulation
Of Architects
Laid over until Wednesday, March 25, retaining its
place on the calendar.
HB 98-1025 by Rep. Swenson; Senator J. Johnson--PIP
Deductibles & Coinsurance
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, March 10, page 436.)
As amended, ordered revised and placed on the calendar
for Third Reading and Final Passage.
HB 98-1171 by Rep. Arrington; Senator Coffman--Charter School Regulation Waivers
(Amended in General Orders as printed in Senate Journal,
March 20, page 519.)
As amended, re-referred to Committee on Education.
HB 98-1170 by Rep. Lamborn; Senator Chlouber--Shooting
Ranges
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
The following bills on the General Orders calendar
of Monday, March 23, were laid over until Tuesday, March 24, retaining
their place on the calendar:
HB 98-1033, 98-1215, 98-1200, 98-1089, 98-1090, 98-1093,
98-1370, 98-1361, 98-1236, 98-1102, 98-1029, 98-1020, 98-1317,
98-1176, 98-1250, 98-1050, 98-1371, 98-1157, 98-1178, 98-1245,
98-1304, 98-1062, 98-1244, 98-1264, 98-1045, 98-1376, 98-1141,
98-1028, 98-1311, 98-1337, 98-1221, 98-1186, 98-1296; SB 98-166.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Wham, 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 98-1170, declared passed on Second Reading.
HB 98-1079 as amended, 98-1025 as amended, declared passed on Second Reading.
HB 98-1183 as amended, re-referred to the Committee on Judiciary.
HB 98-1171 as amended, re-referred to the Committee on Education.
HB 98-1158, 98-1033, 98-1215, 98-1200, 98-1089, 98-1090, 98-1093, 98-1370, 98-1361, 98-1236, 98-1102, 98-1029, 98-1020, 98-1317, 98-1176, 98-1250, 98-1050, 98-1371, 98-1157, 98-1178, 98-1245, 98-1304, 98-1062, 98-1244, 98-1264, 98-1045, 98-1376, 98-1141, 98-1028, 98-1311, 98-1337, 98-1221, 98-1186, 98-1296; SB 98-166, laid over until Tuesday, March 24, retaining their place on the calendar.
HB 98-1154, 98-1016, laid over until Wednesday, March
25, retaining their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointments and recommends that the appointments be
and Labor confirmed:
MOTION PICTURE AND TELEVISION
ADVISORY COMMISSION
for a term expiring June 30, 2000:
Charles "Sam" P. Rice of Denver, Colorado,
to serve as a representative of the First Congressional District
and as an Unaffiliated;
for terms expiring June 30, 2001:
John D. Ashton of Fort Collins, Colorado, to serve
as a representative of the Fourth Congressional District and as
an Unaffiliated;
Phillip R. Garvin of Denver, Colorado, to serve as
a representative of the First Congressional District and as a
Democrat.
Judiciary After consideration on the merits, the
committee recommends that HB 98-1041 be amended as follows
and, as so amended, be referred to the Committee of the Whole
with favorable recommendation:
Amend reengrossed bill, strike everything below the
enacting clause, and substitute the following:
"SECTION 1. 184701,
Colorado Revised Statutes, is amended to read:
184701. Theft of cable
service definitions. (1) A
person commits theft of cable television service if he knowingly
AS USED IN THIS PART 7, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) Obtains
cable television service from a licensed or duly permitted cable
television system without the authorization of the cable television
system supplying said service; or
"CABLE OPERATOR" MEANS ANY PERSON WHO:
HB 98-1041
(Cont.)
(I) PROVIDES CABLE SERVICE OVER A CABLE
SYSTEM IN WHICH SUCH PERSON DIRECTLY OR THROUGH ONE OR MORE AFFILIATES
OWNS A SIGNIFICANT INTEREST; OR
(II) CONTROLS OR IS RESPONSIBLE FOR THE
MANAGEMENT AND OPERATION OF SUCH CABLE SYSTEM THROUGH ANY ARRANGEMENT.
(b) Makes
or maintains a connection or connections, whether mechanically,
electrically, or acoustically, or attaches or maintains an attachment
of any device or devices to any cable, wire, or other component
of a licensed or duly permitted cable television system without
the authorization of such system or makes or maintains any modification
or alteration to any device installed with the authorization of
a licensed or duly permitted cable television system, but shall
not include the attachment of a wire or cable to extend service
he has paid for or which has been authorized; or
"CABLE SERVICE" MEANS:
(I) THE ONEWAY TRANSMISSION TO SUBSCRIBERS
OF A VIDEO PROGRAMMING SERVICE;
(II) TWOWAY INTERACTIVE SERVICES
DELIVERED OVER A CABLE SYSTEM;
(III) SUBSCRIBER INTERACTION, IF ANY,
THAT IS REQUIRED FOR THE SELECTION OR USE OF SUCH VIDEO PROGRAMMING
OR INTERACTIVE SERVICE.
(c) Manufactures,
distributes, sells, or offers for sale, rental, or use any decoding
or descrambling device or any plan or kit for such device, designed
in whole or in part to facilitate the doing of any of the acts
specified in paragraphs (a) and (b) of this subsection (1).
"CABLE SYSTEM" MEANS A FACILITY CONSISTING OF
A SET OF CLOSED TRANSMISSION PATHS AND ASSOCIATED SIGNAL OPERATION,
RECEPTION, AND CONTROL EQUIPMENT THAT IS DESIGNED TO PROVIDE CABLE
SERVICE.
(2) The provisions
of this section do not apply to satellite dishes
A PERSON COMMITS THEFT OF CABLE SERVICE IF SUCH PERSON KNOWINGLY:
(a) OBTAINS CABLE SERVICE FROM A CABLE
OPERATOR BY TRICK, ARTIFICE, DECEPTION, USE OF AN UNAUTHORIZED
DEVICE OR DECODER, OR OTHER MEANS WITHOUT AUTHORIZATION OR WITH
THE INTENT TO DEPRIVE SUCH CABLE OPERATOR OF LAWFUL COMPENSATION
FOR THE SERVICES RENDERED;
(b) (I) MAKES OR MAINTAINS, WITHOUT
AUTHORITY FROM OR PAYMENT TO A CABLE OPERATOR, A CONNECTION OR
CONNECTIONS, WHETHER PHYSICAL, ELECTRICAL, MECHANICAL, ACOUSTICAL,
OR OTHERWISE WITH ANY CABLE, WIRE, COMPONENT, OR OTHER DEVICE
USED FOR THE DISTRIBUTION OF CABLE SERVICES.
(II) NOTWITHSTANDING SUBPARAGRAPH (I)
OF THIS PARAGRAPH (b), THIS PARAGRAPH (b) SHALL NOT INCLUDE CIRCUMSTANCES
WHERE A PERSON HAS ATTACHED A WIRE OR CABLE TO EXTEND SERVICE
THAT THE PERSON HAS PAID FOR OR THAT HAS BEEN AUTHORIZED TO AN
ADDITIONAL OUTLET, OR WHERE THE CABLE OPERATOR HAS FAILED TO DISCONNECT
A PREVIOUSLY AUTHORIZED CABLE SERVICE.
(c) MODIFIES, ALTERS, OR MAINTAINS A MODIFICATION
OR ALTERATION TO A DEVICE INSTALLED OR CAPABLE OF BEING INSTALLED
WITH THE AUTHORIZATION OF A CABLE OPERATOR, WHICH MODIFICATION
OR ALTERATION IS FOR THE PURPOSE OF INTERCEPTING OR RECEIVING
CABLE SERVICE CARRIED BY SUCH CABLE OPERATOR WITHOUT AUTHORITY
FROM OR PAYMENT TO SUCH CABLE OPERATOR;
(d) POSSESSES WITHOUT AUTHORITY, WITH
THE INTENT TO RECEIVE CABLE OPERATOR SERVICES WITHOUT AUTHORIZATION
FROM OR PAYMENT TO A CABLE OPERATOR, A DEVICE OR PRINTED CIRCUIT
BOARD DESIGNED IN WHOLE OR IN PART TO FACILITATE THE FOLLOWING
ACTS:
(I) TO RECEIVE CABLE SERVICES OFFERED
FOR SALE OVER A CABLE SYSTEM; OR
HB 98-1041
(Cont.)
(II) TO PERFORM OR FACILITATE THE PERFORMANCE OF ANY ACT
HB 98-1041
(Cont.)
SET FORTH IN PARAGRAPHS (a) TO (c) OF THIS SUBSECTION
(2).
(e) MANUFACTURES, IMPORTS INTO THIS STATE,
DISTRIBUTES, SELLS, LEASES, OR OFFERS OR ADVERTISES FOR SALE OR
LEASE, WITH THE INTENT TO RECEIVE CABLE SERVICES OR WITH THE INTENT
TO PROMOTE THE RECEPTION OF CABLE SERVICES WITHOUT PAYMENT OR
AUTHORIZATION FROM A CABLE OPERATOR, ANY DEVICE, PRINTED CIRCUIT
BOARD, OR PLAN OR KIT FOR A DEVICE OR PRINTED CIRCUIT BOARD DESIGNED
IN WHOLE OR IN PART TO FACILITATE THE FOLLOWING ACTS:
(I) TO RECEIVE ANY CABLE SERVICES OFFERED
FOR SALE OVER A CABLE SYSTEM; OR
(II) TO PERFORM OR FACILITATE THE PERFORMANCE
OF ANY ACT SET FORTH IN PARAGRAPHS (a) TO (c) OF THIS SUBSECTION
(2).
(f) FAILS TO RETURN OR SURRENDER EQUIPMENT
USED TO RECEIVE CABLE SERVICE AND PROVIDED BY A CABLE OPERATOR,
AFTER SUCH SERVICE HAS BEEN TERMINATED FOR ANY REASON.
(3) Any violation
of this section is a class 2 misdemeanor.
THIS SECTION DOES NOT APPLY TO SATELLITE DISHES.
(4) ANY PERSON WHO VIOLATES THIS SECTION
COMMITS A CLASS 2 MISDEMEANOR.
SECTION 2. 184702,
Colorado Revised Statutes, is amended to read:
184702. Civil action
damages. (1) (a) A licensed
or duly permitted cable television
system OPERATOR may bring a civil
action for damages against any person who commits civil theft
of cable television
service.
(b) Civil theft of cable television
service is the willful or intentional commission of an
ANY act described in section 184701
(1) (a) or (1) (b) 184701
(2).
(c) NO PLAINTIFF THAT FILES AN ACTION
PURSUANT TO THIS SECTION FOR THEFT OF CABLE SERVICES SHALL BE
REQUIRED TO PLEAD DAMAGES WITH PARTICULARITY AS A CONDITION PRECEDENT
FOR MAINTAINING AN ACTION PURSUANT TO THIS SECTION.
(d) THERE SHALL BE A REBUTTABLE PRESUMPTION
THAT A VIOLATION OF SECTION 184701 (2) (a) HAS OCCURRED
IF THERE EXISTS IN THE ACTUAL POSSESSION OF THE PERSON A DEVICE
THAT PERMITS THE RECEPTION OF UNAUTHORIZED CABLE SERVICES FOR
WHICH NO PAYMENT HAS BEEN MADE TO A CABLE OPERATOR AND NO LEGITIMATE
PURPOSE EXISTS.
(e) THERE SHALL BE A REBUTTABLE PRESUMPTION
THAT A VIOLATION OF SECTION 184701 (2) (b) HAS OCCURRED
IF CABLE SERVICE TO THE PERSON'S BUSINESS OR RESIDENTIAL PROPERTY
WAS DISCONNECTED BY A CABLE OPERATOR, NOTIFICATION OF SUCH ACTION
BY CERTIFIED MAIL WAS PROVIDED TO SUCH PERSON, AND A CONNECTION
OF SUCH SERVICE EXISTS AT SUCH PERSON'S BUSINESS OR RESIDENTIAL
PROPERTY AFTER THE DATE OF THE DISCONNECTION.
(f) THERE SHALL BE A REBUTTABLE PRESUMPTION
THAT A VIOLATION OF SECTION 184701 (2) (c) HAS OCCURRED
IF THE CABLE OPERATOR, AS A MATTER OF STANDARD PROCEDURE:
(I) PLACES WRITTEN WARNING LABELS ON ITS
CONVERTERS OR DECODERS EXPLAINING THAT TAMPERING WITH SUCH DEVICES
IS A VIOLATION OF LAW AND A CONVERTER OR DECODER IS FOUND TO HAVE
BEEN TAMPERED WITH, ALTERED, OR MODIFIED SO AS TO ALLOW THE RECEPTION
OR INTERCEPTION OF CABLE SERVICES WITHOUT AUTHORITY FROM OR PAYMENT
TO A CABLE OPERATOR; OR
(II) SEALS ITS CONVERTERS OR DECODERS WITH A LABEL OR MECHANICAL DEVICE AND THE LABEL OR DEVICE HAS BEEN REMOVED OR BROKEN.
HB 98-1041
(Cont.)
(g) THERE SHALL BE A REBUTTABLE PRESUMPTION
THAT A VIOLATION OF SECTION 184701 (2) (d) HAS OCCURRED
IF A PERSON POSSESSES TEN OR MORE DEVICES OR PRINTED CIRCUIT BOARDS.
IF SUCH REBUTTABLE PRESUMPTION IS NOT OVERCOME, THE COURT SHALL
FIND THAT SUCH PERSON COMMITTED CIVIL THEFT OF CABLE SERVICE WILLFULLY
AND FOR PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL
GAIN AND SHALL INCREASE THE DAMAGES AWARD IN ACCORDANCE WITH PARAGRAPH
(a) OF SUBSECTION (3) OF THIS SECTION.
(h) THERE SHALL BE A REBUTTABLE PRESUMPTION
THAT A VIOLATION OF SECTION 184701 (2) (e) HAS OCCURRED
IF THE PERSON, WHILE ENGAGING IN ANY OF THE PROHIBITED ACTS, MADE
APPARENT TO THE BUYER THAT THE PRODUCT WOULD ENABLE THE BUYER
TO OBTAIN CABLE SERVICE WITHOUT PAYMENT TO A CABLE OPERATOR. IF
SUCH REBUTTABLE PRESUMPTION IS NOT OVERCOME, THE COURT SHALL FIND
THAT SUCH PERSON COMMITTED CIVIL THEFT OF CABLE SERVICE WILLFULLY
AND FOR PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL
GAIN AND SHALL INCREASE THE DAMAGES AWARD IN ACCORDANCE WITH PARAGRAPH
(a) OF SUBSECTION (3) OF THIS SECTION.
(i) THERE IS A REBUTTABLE PRESUMPTION
THAT A VIOLATION OF SECTION 184701 (2) (f) HAS OCCURRED
IF A CABLE OPERATOR MAILED BY CERTIFIED MAIL TO THE PERSON, AT
THE PROVIDED ADDRESS, A WRITTEN DEMAND REQUESTING THE RETURN OF
AN OPERATOROWNED CONVERTER, DECODER, OR OTHER DEVICE AND
THE PERSON FAILED TO RETURN SAID DEVICE OR TO MAKE REASONABLE
ARRANGEMENTS TO DO SO WITHIN FIFTEEN DAYS AFTER THE DATE OF SUCH
NOTICE. SUCH REASONABLE ARRANGEMENTS MAY INCLUDE REQUESTING THAT
THE CABLE OPERATOR COLLECT THE EQUIPMENT, SUBJECT TO THE CABLE
OPERATOR'S POLICIES.
(2) In any civil action brought pursuant
to this section, said
A cable television system
OPERATOR shall be entitled, upon proof of civil theft of cable
television
service, to recover THE GREATER OF THE FOLLOWING AMOUNTS as damages:
three times the amount of the actual
damages, if any, plus all reasonable expenses and costs incurred
on account of said theft, but not limited to costs and expenses
for investigation, disconnection, reconnections, service calls,
employees and equipment, and expert witnesses, costs of the suit,
and reasonable attorney fees pursuant to subsection (3) of this
section.
(a) FIVE THOUSAND DOLLARS; OR
(b) THREE TIMES THE AMOUNT OF ANY ACTUAL
DAMAGES SUSTAINED.
(3) (a) In
any action for civil theft of cable television service, the prevailing
party shall be entitled to an award for his reasonable attorney
fees. NOTWITHSTANDING ANY PROVISION
OF SUBSECTION (2) OF THIS SECTION TO THE CONTRARY, A COURT MAY
INCREASE THE AWARD OF DAMAGES IN ANY CIVIL ACTION BROUGHT PURSUANT
TO THIS SECTION BY AN AMOUNT OF NOT MORE THAN FIFTY THOUSAND DOLLARS
IF SUCH COURT FINDS THAT CIVIL THEFT OF CABLE SERVICE WAS COMMITTED
WILLFULLY AND FOR THE PURPOSE OF COMMERCIAL ADVANTAGE OR PRIVATE
FINANCIAL GAIN.
(b) IN ANY CIVIL ACTION DESCRIBED IN PARAGRAPH
(a) OF THIS SUBSECTION (3), A CABLE OPERATOR NEED NOT PROVE THAT
THE FINAL PURCHASER ACTUALLY USED THE DEVICE, PLAN, KIT, OR PRINTED
CIRCUIT BOARD WITHOUT AUTHORIZATION FROM OR PAYMENT TO A CABLE
OPERATOR.
(c) NO ATTEMPT BY A PERSON TO LIMIT OR
SHIFT LEGAL LIABILITY IN AN ACTION DESCRIBED IN THIS SUBSECTION
(3) BY REQUIRING PURCHASERS TO SIGN A DISCLAIMER ACKNOWLEDGING
THEIR RESPONSIBILITY TO REPORT USE OF A DEVICE, PLAN, KIT, OR
PRINTED CIRCUIT BOARD TO A CABLE OPERATOR SHALL BE EFFECTIVE,
AND ANY SUCH DISCLAIMER SHALL BE VOID.
(d) FOR PURPOSES OF THIS SUBSECTION (3), "PRIVATE FINANCIAL GAIN" SHALL NOT INCLUDE THE MONETARY GAIN REALIZED BY AN INDIVIDUAL AVOIDING MONTHLY CABLE SERVICE BILLS AS A RESULT OF THE INDIVIDUAL'S PRIVATE USE OF UNAUTHORIZED PROGRAMMING.
HB 98-1041
(Cont.)
(4) In an
action for civil theft of cable television service, the existence
on the property and in the actual possession of the accused of
the following shall be prima facie evidence of his intent to commit
civil theft of cable television service and of his commission
of civil theft of cable television service: Any connection, wire,
or conductor, or any device whatsoever, which is connected in
such a manner as would appear to permit the use of cable television
service without the same being reported for payment to and specifically
authorized by the cable television system supplying the service.
IN ANY ACTION FOR CIVIL THEFT OF CABLE SERVICE, THE PREVAILING
PARTY SHALL BE AWARDED REASONABLE ATTORNEY FEES AND DIRECT COSTS
INCURRED AS A RESULT OF SUCH THEFT, INCLUDING, BUT NOT LIMITED
TO, THE COSTS OF ANY INVESTIGATION, DISCONNECTION OR RECONNECTION,
SERVICE CALLS, EMPLOYEES, EQUIPMENT, AND EXPERT WITNESSES AND
COSTS OF THE CIVIL ACTION.
(5) A CABLE OPERATOR MAY SEEK AN INJUNCTION
TO ENJOIN OR RESTRAIN A VIOLATION OF THIS SECTION AND DAMAGES
ARISING FROM SUCH VIOLATION IN THE SAME ACTION.
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 offenses committed on or after the applicable effective date
of this act.".
Judiciary After consideration on the merits, the
committee recommends that SB 98-180 be amended as follows
and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 2, line 21, strike "public."
and substitute "public WHEN PERMITTED BY ARTICLE 72 OF TITLE
24, C.R.S.".
Agriculture, After consideration on the merits, the committee recommends that SB 98-88 be
Natural amended as follows and, as so amended, be referred to the Committee on Appropriations
Resources with favorable recommendation:
and Energy
Amend printed bill, page 4, line 9, strike "APPLICATION
AT THE";
strike lines 10 through 12;
strike lines 14 through 23 and substitute the following:
"MEANS A HOUSED SWINE CONFINED FEEDING OPERATION
THAT IS CAPABLE OF HOUSING EIGHT HUNDRED THOUSAND POUNDS OR MORE
OF LIVE ANIMAL WEIGHT OF SWINE AT ANY ONE TIME OR IS DEEMED A
COMMERCIAL OPERATION UNDER LOCAL ZONING OR LAND USE REGULATIONS.
TWO OR MORE HOUSED SWINE CONFINED FEEDING OPERATIONS SHALL BE
CONSIDERED TOGETHER FOR THE PURPOSES OF DETERMINING WHETHER THEY
COMPRISE A SINGLE HOUSED COMMERCIAL SWINE CONFINED".
Page 5, strike lines 10 through 13 and substitute
the following:
"IN THE AREA OF CONFINEMENT.";
line 23, strike "DIVISION OF" and substitute
"DIVISION.";
strike lines 24 and 25.
Page 6, strike lines 6 and 7 and substitute the following:
SB 98-88
(Cont.)
"CONFINED FEEDING OPERATION THAT IS CAPABLE
OF HOUSING LESS THAN EIGHT HUNDRED THOUSAND POUNDS OF LIVE ANIMAL
WEIGHT OF SWINE IF THE";
line 12, strike "DIVISION," and substitute
"DIVISION AND THE LOCAL HEALTH DEPARTMENT,".
Page 9, strike lines 25 and 26 and substitute the
following:
"(b) THAT LAND APPLICATION AREAS
SHALL NOT BE LOCATED:
(I) UPGRADIENT AND WITHIN THREE HUNDRED
FEET OF A RESERVOIR CLASSIFIED FOR CLASS I RECREATIONAL USE BY
THE COMMISSION;
(II) WITHIN TWO HUNDRED FEET OF ANY BODY
OF SURFACE WATER, INCLUDING INTERMITTENT STREAM BEDS WHEN STANDING
OR RUNNING WATER IS PRESENT IN THE STREAM BED, UNLESS LAND APPLICATION
IS MADE BY EITHER SUBSURFACE INJECTION, OR BY SURFACE APPLICATION
THAT IS FOLLOWED BY INCORPORATION WITHIN FORTYEIGHT HOURS,
WEATHER PERMITTING, OR BY THE NUTRIENT MANAGEMENT PLAN DESCRIBED
MEASURE THAT PREVENTS RUNOFF FROM THE APPLICATION SITE INTO THE
WATER BODY;
(III) WITHIN FIFTY FEET OF ANY WATER BODY
OR PERENNIAL STREAM BED OR ANY INTERMITTENT STREAM BED WHEN STANDING
OR RUNNING WATER IS PRESENT IN THE STREAM BED;
(IV) WITHIN THIRTYTHREE FEET OF
ANY DRY STREAM BED; EXCEPT THAT, FOR PURPOSES OF THIS SECTION,
LAND THAT IS UNDER CULTIVATION AS THE RESULT OF TYPICAL AGRICULTURAL
PRACTICE SHALL NOT BE CONSIDERED TO BE A DRY STREAM BED REGARDLESS
OF WHETHER IT SERVES AS A WATERCOURSE DURING SIGNIFICANT PRECIPITATION
EVENTS;
(V) WITHIN ONE HUNDRED FEET OF A PRIVATE
DOMESTIC WELL WATER SUPPLY OR WITHIN THREE HUNDRED FEET OF A COMMUNITY
SUPPLY WELL;
(c) PROCESS WASTEWATER RETENTION STRUCTURES
OR MANURE STOCK PILES SHALL NOT BE LOCATED WITHIN A MAPPED ONEHUNDREDYEAR
FLOODPLAIN AS DESIGNATED AND APPROVED BY THE COLORADO WATER CONSERVATION
BOARD UNLESS PROPER FLOOD PROOFING MEASURES (STRUCTURES) ARE DESIGNED
AND CONSTRUCTED.
(d) THAT ANY SPILL OR CONTAMINATION BY
A HOUSED COMMERCIAL SWINE CONFINED FEEDING OPERATION SHALL BE
REPORTED IMMEDIATELY TO THE DIVISION AND THE COUNTY HEALTH DEPARTMENT
FOR THE COUNTY IN WHICH THE HOUSED COMMERCIAL SWINE CONFINED FEEDING
OPERATION IS CONDUCTED AND, WITHIN TWENTYFOUR HOURS AFTER
THE SPILL OR CONTAMINATION, THAT A WRITTEN REPORT SHALL BE FILED
WITH THE DIVISION AND THE COUNTY HEALTH DEPARTMENT FOR THE COUNTY
IN WHICH THE HOUSED COMMERCIAL SWINE CONFINED FEEDING OPERATION
IS CONDUCTED.".
Reletter succeeding paragraphs accordingly.
Page 10, strike lines 1 through 11.
Page 11, line 6, strike "(d)" and substitute
"(f)".
Page 13, after line 15, insert the following:
"(10) (a) SINCE PROTECTION OF
THE WATERS OF THE STATE IS A MATTER OF STATEWIDE CONCERN, ANY
CITY, CITY AND COUNTY, COUNTY, LOCAL HEALTH DEPARTMENT, OR OTHER
POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM ENACTING
ANY ORDINANCE, RESOLUTION, OR RULE MORE STRINGENT THAN THE REQUIREMENTS
OF THIS SECTION.
SB 98-88
(Cont.)
(b) THIS SECTION ONLY APPLIES TO WATER
QUALITY PROTECTION OF HOUSED COMMERCIAL SWINE CONFINED FEEDING
OPERATION SITES AND PROPERTY UNDER THE CONTROL OF THE HOUSED COMMERCIAL
SWINE CONFINED FEEDING OPERATION AND SHALL NOT BE CONSTRUED TO
AFFECT LOCAL LAND USE CONTROL, NUISANCE ABATEMENT, OR THE FARM
AND RANGE APPLICATION OF MANURE ON PROPERTY NOT OWNED OR MANAGED
BY A HOUSED COMMERCIAL SWINE CONFINED FEEDING OPERATION.";
after line 26, insert the following:
"ANAEROBIC PROCESS WASTEWATER VESSELS AND IMPOUNDMENTS,
INCLUDING, BUT NOT LIMITED TO, TREATMENT OR STORAGE LAGOONS, CONSTRUCTED
FOR USE IN CONNECTION WITH A HOUSED COMMERCIAL SWINE CONFINED
FEEDING OPERATION AS DEFINED IN SECTION 258501.1 (2)
(b) SHALL BE COVERED SO AS TO CAPTURE, RECOVER, INCINERATE, OR
OTHERWISE MANAGE ODOROUS GASES TO MINIMIZE, TO THE GREATEST EXTENT
PRACTICABLE, THE EMISSION OF SUCH GASES INTO THE ATMOSPHERE. ALL
NEW AEROBIC IMPOUNDMENTS SHALL EMPLOY TECHNOLOGIES TO ENSURE MAINTENANCE
OF AEROBIC CONDITIONS OR OTHERWISE TO MINIMIZE THE EMISSION OF
ODOROUS GASES TO THE GREATEST EXTENT PRACTICABLE.".
Page 14, strike lines 1 through 8;
line 9, strike "JANUARY 1, 1999, ALL EXISTING"
and substitute "JULY 1, 2001, ALL EXISTING ANAEROBIC";
strike lines 14 through 20 and substitute the following:
"SECTION 258501.1 (2) (b) SHALL
BE COVERED SO AS TO CAPTURE, RECOVER, INCINERATE, OR OTHERWISE
MANAGE ODOROUS GASES TO MINIMIZE, TO THE GREATEST EXTENT PRACTICABLE,
THE EMISSION OF SUCH GASES INTO THE ATMOSPHERE. BY JULY 1, 2001,
ALL EXISTING AEROBIC IMPOUNDMENTS SHALL EMPLOY TECHNOLOGIES TO
ENSURE MAINTENANCE OF AEROBIC CONDITIONS OR OTHERWISE TO MINIMIZE
THE EMISSION OF ODOROUS GASES TO THE GREATEST EXTENT PRACTICABLE.";
line 21, strike "(4)" and substitute "(3)";
before line 23, insert the following:
"SECTION 4. 257109
(2) (d) and (8), Colorado Revised Statutes, are amended to read:
257109. Commission to promulgate
emission control regulations. (2) Such
emission control regulations may include, but shall not be limited
to, regulations pertaining to:
(d) Odors, except for livestock feeding
operations THAT ARE NOT HOUSED COMMERCIAL SWINE CONFINED FEEDING
OPERATIONS AS DEFINED IN SECTION 258501.1 (2) (b);
(8) Notwithstanding any other provision
of this section, the commission shall not regulate emissions from
agricultural production such as farming, seasonal crop drying,
animal feeding OPERATIONS THAT ARE NOT HOUSED COMMERCIAL SWINE
CONFINED FEEDING OPERATIONS AS DEFINED IN SECTION 258501.1
(2) (b), and pesticide application; except that the commission
shall regulate such emissions if they are "major stationary
sources", as that term is defined in 42 U.S.C. sec. 7602
(j), or are required by Part C (prevention of significant deterioration),
Part D (nonattainment), OR Title V (minimum elements of a permit
program), or are participating in the early reduction program
of section 112 of the federal act, or is not required by section
111 of the federal act, or is not required for sources to be excluded
as a major source under this article.".
Renumber succeeding sections accordingly.
MESSAGE FROM THE HOUSE
March 23, 1998
Mr. President:
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1379.
The House has passed on Third Reading and transmitted to the Revisor of Statutes HB98-1068, amended as printed in House Journal, March 20, page 998; HB98-1072, amended as printed in House Journal, March 20, page 998-999;
HB98-1099, amended as printed in House Journal, March 20, page 994-996;
SB98-011, amended as printed in House Journal, March 20, page 997;
SB98-082, amended as printed in House Journal, March 20, page 997;
SB98-111, amended as printed in House Journal, March 20, pages 997-998.
The House has passed on Third Reading and returns
herewith SB98-051, 070, 071, 128 and 141.
MESSAGE FROM THE REVISOR
March 23, 1998
We herewith transmit:
without comment, HB98-1379; and,
without comment, as amended, HB98-1068, HB98-1072,
HB98-1099, SB98-011, SB98-082, and SB98-111.
______________________________
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 Monday, March 23, was laid over until Tuesday, March 24, retaining its place on the calendar.
______________________________
TRIBUTES--A POINT OF INTEREST
Honoring D.P. Perkins by Senator Johnson
Honoring Joanie Brousseau-Beyette by Senator Johnson
Honoring Laurie LaMere Klapperich by Senator Johnson
Honoring Gail Luna by Senator Johnson
Honoring Donna Clement by Senator Johnson
Honoring Wayne Kennedy by Senator Johnson
Honoring Shelly Cox-Robin by Senator Johnson
Honoring Scott Beyette by Senator Johnson
Honoring Porfirio and Stella Hernandez by Senator
Hernandez
Memorializing Elizabeth Barber by Senator Mutzebaugh
and Representative Schauer
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Tuesday,
March 24, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate