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

76th Legislative Day Monday, March 23, 1998


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