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

Order

Prayer By the chaplain, Reverend Glen E. Hamlyn.

Roll Call Present--Total, 31.

Absent--Hernandez, Lacy, Lamborn, Wham--Total, 4.

Present later--Hernandez, Lacy, Lamborn, Wham.

Quorum The President announced a quorum present.

Reading of On motion of Senator Chlouber, reading of the Journal of March 23rd was dispensed with

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

SENATE SERVICES REPORT

Senate Correctly revised: HB 98-1025, 1079, 1170.

Services

SIGNING OF BILLS

The president has signed: SB 98-5, 16, 32, 78.

The President has signed: HB98-1026, 1055, 1064, 1253, 1283, and 1328.

SIGNING OF RESOLUTIONS

The President has signed: SJR 98-3.

The President has signed: HJR98-1016.

MESSAGE FROM THE GOVERNOR

March 23, 1998

To the Honorable Colorado Senate

Sixty­first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I have the honor to inform you that I have approved and I have filed with the Secretary of State the following Acts:

S.B. 98­038 Concerning agreements to pay compensation for the recovery of unclaimed property.

Approved March 23, 1998 at 1:51 p.m.

S.B. 98­090 Concerning the enactment of Colorado Revised Statute 1997 as the positive and statutory law of the State of Colorado.

Approved March 23, 1998 at 1:52 p.m.

S.B. 98­132 Concerning valuation for property tax purposes of real property that is located within districts in which limited gaming is authorized but is not used for limited gaming.

Approved March 23, 1998 at 1:52 p.m.

Sincerely,

(Signed)

Roy Romer

Governor

Rec'd 3/24/98

P. Dicks, Assistant Secretary

INTRODUCTION OF CONCURRENT RESOLUTION--FIRST READING

The following concurrent resolution was read by title and referred to the committee indicated:

SCR 98-5 by Senator Coffman--Submitting to the registered electors of the state of Colorado an amendment to section 20 of article VI of the constitution of the state of Colorado, concerning senate confirmation of justices of the supreme court.

Judiciary

INTRODUCTION OF BILLS

The following bills were read by title and referred to the committees indicated:

HB 98-1023 by Representatives Kreutz, Agler, Lawrence, Musgrave, and Pankey; also Senators Lacy and Weddig--Concerning the imposition of a residency requirement for eligibility for the old age pension, and making an appropriation in connection therewith.

Health, Environment, Welfare and Institutions

Appropriations

HB 98-1063 by Representatives Keller, Dyer, and Entz; also Senator Coffman--Concerning elimination of the requirement that a disabled veteran obtain the disability prior to May 7, 1975, in order to be eligible to receive special license plates without charge, and making an appropriation in connection therewith.

State, Veterans, and Military Affairs

Appropriations

HB 98-1068 by Representative Anderson; also Senator Ament--Concerning improvements to the state radio communications network, and, in connection therewith, creating a public safety communications trust fund and making an appropriation in connection therewith.

Judiciary

Appropriations

HB 98-1072 by Representative Morrison; also Senator Wham--Concerning the regulation of the practice of psychotherapy, and, in connection therewith, continuing the Colorado state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, and the state board of marriage and family therapist examiners, continuing the authority of the state grievance board, and making appropriations.

Health, Environment, Welfare and Institutions

Appropriations

HB 98-1099 by Representatives Pfiffner, Leyba, and Owen; also Senators J. Johnson, Dennis, and Mutzebaugh--Concerning managed competition for personal services contracts entered into by state government.

State, Veterans, and Military Affairs

HB 98-1144 by Representative Sullivant; also Senator Bishop--Concerning the securing of aggregate materials during transport by motor vehicle.

Transportation

HB 98-1378 by Representative McElhany; also Senator Powers--Concerning certain unlawful actions by persons against legislative witnesses.

State, Veterans, and Military Affairs

HB 98-1379 by Representatives Anderson, and McPherson; also Senator Schroeder--Concerning the recommendations of the legislative council relating to approval of air quality control commission revisions to the air quality state implementation plan.

Health, Environment, Welfare and Institutions

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 98-1188 by Rep. Snyder; Sen. Wham--Fair Campaign Practices Act

Laid over until Wednesday, March 25, retaining its place on the calendar.

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

The question being "Shall the bill pass?" the roll was called with the following result:

YES 29		NO 6		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	N
Ament	Y	Hernandez	Y	Pascoe	N	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	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-sponsors added: Alexander, Arnold, Bishop, Chlouber, Coffman, Powers, Schroeder.

HB 98-1025 by Rep. Swenson; Senator J. Johnson--PIP Deductibles & Coinsurance

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	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-sponsor added: Hernandez

HB 98-1170 by Rep. Lamborn; Senator Chlouber--Shooting Ranges

The question being "Shall the bill pass?" the roll was called with the following result:

YES 35		NO 0		EXCUSED 0		ABSENT 0
Alexander	Y	Feeley	Y	Mutzebaugh	Y	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	Y	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	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: Arnold, Congrove, Powers, Tebedo.

Committee On motion of Senator Congrove, the Senate resolved itself into Committee of the Whole

of the for consideration of General Orders and Senator Congrove 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 98-1033 by Rep. Miller; Sen. Chlouber--County Categorization For Salaries

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 11, page 440.)

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

HB 98-1215 by Rep. Nichol; Senator B. Alexander--Civil Penalties For Mortgage Brokers

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, March 12, page 448.)

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

HB 98-1089 by Rep. Allen; Senator Arnold--Teacher Evaluations

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

HB 98-1090 by Rep. Dean; Senator Arnold--Teacher Dismissal Procedures

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

HB 98-1370 by Rep. Hefley; Senator Mutzebaugh--District Boards Of Health

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

HB 98-1361 by Rep. Grampsas; Senator Blickensderfer--Retired Judges' Pay In Judicial Budget

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

HB 98-1236 by Rep. Epps; Senator Coffman--Post­boot Camp Placement

Laid over until Wednesday, March 25, retaining its place on the calendar.

HB 98-1102 by Rep. Owen; Sen. Blickensderfer--Instant Background Check System

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

HB 98-1029 by Rep. Takis; Senator Martinez--Mayoral Term In Stat Council Mngr City

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

HB 98-1020 by Rep. Taylor; Senator Reeves--Exemption From Local Government Audits

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

HB 98-1317 by Rep. Spradley; Sen. Ament--Repeal Proration Of Mobile Home Prop Tax

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

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

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 3, pages 385-386.)

As amended, laid over until Wednesday, March 25, retaining its place on the calendar.

HB 98-1093 by Rep. Veiga; Sen. Mutzebaugh--Partisan Elections For RTD Board Members

Laid over until Wednesday, March 25, retaining its place on the calendar.

HB 98-1200 by Rep. Taylor; Senator Wattenberg--Local Marketing Districts

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 12, pages 448-449.)

Amendment No. 2, by Senator Lamborn

Amend reengrossed bill, page 22, line 8, after "GRANTED," insert "THE GRANTING OF WHICH SHALL NOT BE UNREASONABLY WITHHELD,".

Amendment No. 3, by Senator Alexander

Amend reengrossed bill, page 19, strike lines 4 through 11, and substitute the following:

"29-25-112. Power to levy marketing and promotion tax. (1)(a) IN ADDITION TO ANY OTHER MEANS OF PROVIDING REVENUE FOR A DISTRICT THE BOARD HAS THE POWER WITHIN THE DISTRICT TO LEVY A MARKETING AND PROMOTION TAX ON ANY BUT NOT NECESSARILY ALL OF THE FOLLOWING:

(I) THE PURCHASE PRICE PAID OR CHARGED TO ANY PERSON FOR ROOMS OR ACCOMMODATIONS, AS INCLUDED IN THE DEFINITION OF "SALE" IN SECTION 39­26­102 (11), C.R.S.;

(II) THE PURCHASE PRICE PAID OR CHARGED TO ANY PERSON FOR FOOD AND DRINK SALES, AS DESIGNATED IN SECTION 39­26­104 (1) (e), C.R.S;

(III) THE PURCHASE PRICE TO RIDE LIFTS, TRAMWAYS, GONDOLAS, AND OTHER CONVEYANCES OR TO UTILIZE SLOPES, TRAILS, AND OTHER FACILITIES FOR THE PURPOSE OF SKIING OR CHARGED TO ANY PERSON FOR EACH TICKET;

(IV) THE SALE OF EACH TICKET OR OTHER CHARGE ALLOWING ADMISSION TO OR PARTICIPATION IN ANY PRIVATE TOURIST ATTRACTION CHARGED TO ANY PERSON FOR EACH TICKET. FOR PURPOSES OF THIS SECTION, "PRIVATE TOURIST ATTRACTION" MEANS ANY COMMERCIAL ENTITY WHICH APPEALS TO THE RECREATIONAL DESIRES AND TASTES OF THE TRAVELING PUBLIC THROUGH THE PRESENTATION OF SERVICES OR DEVICES DESIGNED TO ENTERTAIN OR EDUCATE VISITORS, INCLUDING BUT NOT LIMITED TO:

(A)  AMUSEMENT PARKS AND CARNIVALS;

(B)  AERIAL TRAMWAYS;

(C)  COMMERCIAL ANIMAL, REPTILE, AND ZOOLOGICAL EXHIBITS;

(D)  COMMERCIAL BEACHES AND HOT SPRINGS;

(E)  BOAT, RAFT, AND KAYAK RENTALS AND TOURS;

HB 98-1200

(Cont.)

(F)  CAVES, WATERFALLS, OBSERVATION TOWERS, AND OTHER SCENIC AND NATURAL WONDERS;

(G)  HISTORIC STRUCTURES;

(H)  HORSE SHOWS AND RODEOS;

(I)  COMMERCIAL MUSEUMS AND WAX EXHIBITS;

(J)  RIDES ON AIRPLANES, BALLOONS, GLIDERS, PARACHUTES, SCENIC RAILROADS, AND OTHER FORMS OF TRANSPORTATION FOR AMUSEMENT PURPOSES; EXCEPT THAT COMMON CARRIERS SUBJECT TO THE FARE TAX IMPOSED BY SUBPARAGRAPH (VIII) OF THIS PARAGRAPH (a), ARE NOT INCLUDED IN THIS SUB-SUBPARAGRAPH (J); AND

(K)  AUTOMOBILE, BICYCLE, DOG, HORSE, AND OTHER RACING EVENTS.

(V)  ATTRACTIONS OWNED OR OPERATED BY THE FEDERAL, STATE, OR UNITS OF LOCAL GOVERNMENT SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SECTION;

(VI)  ATTRACTIONS OPERATED ON AN OCCASIONAL OR INTERMITTENT BASIS FOR FUND­RAISING PURPOSES BY NONPROFIT CHARITABLE ORGANIZATIONS WHOSE ORDINARY ACTIVITIES DO NOT INVOLVE THE OPERATION OF SUCH ATTRACTIONS SHALL BE EXEMPT FROM THE ADMISSIONS TAX IMPOSED BY THIS SECTION;

(VII) THE PURCHASE PRICE PAID OR CHARGED TO ANY PERSON FOR THE RENTAL OF A PASSENGER AUTOMOBILE; OR

(VIII) THE SALE OF EACH TICKET OR FARE ALLOWING PASSAGE ON TOUR BUSES AND OTHER COMMON CARRIERS ENGAGED IN TRANSPORTING PASSENGERS FOR SIGHTSEEING PURPOSES.

(b) NO SUCH TAX SHALL TAKE EFFECT UNLESS APPROVED";

Line 24 strike "(b)" and substitute "(c)".

Page 20, strike lines 12 through 14 and substitute the following:

"(2) ANY PERSON OR ENTITY PROVIDING ANY OF THE GOODS OR SERVICES SUBJECT TO TAX UNDER SUBSECTION (1) OF THIS SECTION SHALL BE".

As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. (For further action, see pages 552-553, where the Alexander amendment to the Report of the Committee of Whole was adopted.)

HB 98-1176 by Rep. Swenson; Sen. Powers--Waste Tire Recycling Reimbursement

Amendment No. 1, Local Government Committee Amendment

(Printed in Senate Journal, March 13, pages 452-453.)

Amendment No. 2, by Senator Powers

Amend the committee amendment, as printed in Senate Journal, March 13, page 453, after line 1, insert the following:

"line 4 of the reengrossed bill, strike "THE AMOUNT OF" and substitute "AN AMOUNT OF UP TO";".

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

HB 98-1250 by Rep. Kaufman; Sen. Reeves--Electronic Filing Of State Income Taxes

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

HB 98-1050 by Rep. Tool; Senator Wells--Higher Ed Employment Contracts

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 13, page 462.)

Amendment No. 2, by Senator Wells

Amend the committee report, as printed in Senate Journal, March 13, page 462, strike line 16, and substitute the following:

"line 3, after "EACH", insert "SYSTEM OF HIGHER EDUCATION AND EACH CAMPUS OF EACH".

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

HB 98-1371 by Rep. Swenson; Sen. Ament--Dangerous Weapon Grounds for Expulsion

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, March 13, page 462.)

Amendment No. 2, by Senator Lamborn

Amend reengrossed bill, page 1, strike line 2 and substitute the following:

"SECTION 1. 22­33­106 (1) (d) (II) (A), Colorado Revised Statutes, is amended, and the said 22­33­106 (1) (d) is further";

line 3, insert a comma after "SUBPARAGRAPH";

after line 6, insert the following:

"(d) (II)  As used in this paragraph (d), "dangerous weapon" means:

(A)  A firearm, whether loaded or unloaded, or a firearm facsimile THAT COULD REASONABLY BE MISTAKEN FOR AN ACTUAL FIREARM;";

line 7, strike "(d)".

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

HB 98-1157 by Rep. Gotlieb; Sen. Wells--Post Retirement Work By Teachers

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

HB 98-1178 by Rep. Snyder; Senator Bishop--Private Prison Correctional Industries

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, March 13, page 464.)

Amendment No. 2, by Senator Wattenberg

Amend reengrossed bill, page 5, strike lines 15 through 23 and substitute the following:

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

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

HB 98-1245 by Rep. Morrison; Sen. Lacy--Dispensing Drugs Via Fax

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, March 13, page 467.)

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

HB 98-1304 by Rep. Pankey; Senator Mutzebaugh--Funding of Transportation Projects

Amendment No. 1, by Senator Mutzebaugh

Amend reengrossed bill, page 3, strike lines 19 through 26.

Strike pages 4 through 6.

Page 7, strike lines 1 and 2 and substitute the following:

"SECTION 2.  Part 12 of article 1 of title 43, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

43­1­1209.  Notice of investment opportunities. (1)  THE DEPARTMENT OR THE PRIVATE ENTITY RESPONSIBLE FOR FUNDING A PUBLIC­PRIVATE INITIATIVE UNDER THIS PART 12 MAY FORWARD THE AGREEMENT AND A DESCRIPTION OF THE INVESTMENT OPPORTUNITY FOR SUCH INITIATIVE TO ANY OF THE FOLLOWING FOR CONSIDERATION UNDER THEIR RESPECTIVE STATUTORY AUTHORITY:

(a)  THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION CREATED UNDER SECTION 24­51­203, C.R.S.;

(b)  THE STATE DEFERRED COMPENSATION COMMITTEE AND THE ADMINISTRATOR, AS DEFINED IN SECTION 24­52­101, C.R.S.;

(c)  THE BOARD OF DIRECTORS OF THE FIRE AND POLICE PENSION ASSOCIATION, AS DEFINED IN SECTION 31­31­102 (2), C.R.S.;

(d)  THE BOARDS OF TRUSTEES OF THE FIREFIGHTERS' AND POLICE OFFICERS' OLD HIRE PENSION FUNDS, AS DEFINED IN SECTION 31­30.5­102 (1), C.R.S.;

(e)  THE BOARD OF TRUSTEES OF THE VOLUNTEER FIREFIGHTER PENSION FUND, AS DEFINED IN SECTION 31­30­1102 (1), C.R.S.;

(f)  THE BOARDS OF EDUCATION OF SCHOOL DISTRICTS, AS DESCRIBED IN SECTION 22­64­112, C.R.S.;

(g)  THE BOARD OF DIRECTORS OF THE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY, AS DEFINED IN SECTION 23­21­502 (2), C.R.S.;

(h)  THE STATE TREASURER FOR CONSIDERATION UNDER SECTION 23­20­117.5, C.R.S.;

(i)  THE COUNTY BOARDS OF RETIREMENT, AS DESCRIBED IN SECTION 24­54­107, C.R.S.;

(j)  THE GOVERNING BOARDS OF STATE COLLEGES AND UNIVERSITIES, AS DEFINED IN SECTIONS 24­54.5­102 (5) AND 24­54.6­102 (4), C.R.S.; AND

(k)  ANY EMPLOYER WHO HAS ESTABLISHED A DEFINED CONTRIBUTION PLAN.

SECTION 3.   Part 2 of article 3 of title 43, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

HB 98-1304

(Cont.)

43­3­220.  Notice of investment opportunity. (1)  THE DEPARTMENT OR THE PRIVATE ENTITY RESPONSIBLE FOR ISSUING BONDS UNDER THIS PART 2 MAY FORWARD A COPY OF THE BONDS AND A DESCRIPTION OF THE INVESTMENT OPPORTUNITY FOR SUCH BONDS TO ANY OF THE FOLLOWING FOR CONSIDERATION UNDER THEIR RESPECTIVE STATUTORY AUTHORITY:

(a)  THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION CREATED UNDER SECTION 24­51­203, C.R.S.;

(b)  THE STATE DEFERRED COMPENSATION COMMITTEE AND THE ADMINISTRATOR, AS DEFINED IN SECTION 24­52­101, C.R.S.;

(c)  THE BOARD OF DIRECTORS OF THE FIRE AND POLICE PENSION ASSOCIATION, AS DEFINED IN SECTION 31­31­102 (2), C.R.S.;

(d)  THE BOARDS OF TRUSTEES OF THE FIREFIGHTERS' AND POLICE OFFICERS' OLD HIRE PENSION FUNDS, AS DEFINED IN SECTION 31­30.5­102 (1), C.R.S.;

(e)  THE BOARD OF TRUSTEES OF THE VOLUNTEER FIREFIGHTER PENSION FUND, AS DEFINED IN SECTION 31­30­1102 (1), C.R.S.;

(f)  THE BOARDS OF EDUCATION OF SCHOOL DISTRICTS, AS DESCRIBED IN SECTION 22­64­112, C.R.S.;

(g)  THE BOARD OF DIRECTORS OF THE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY, AS DEFINED IN SECTION 23­21­502 (2), C.R.S.;

(h)  THE STATE TREASURER FOR CONSIDERATION UNDER SECTION 23­20­117.5, C.R.S.;

(i)  THE COUNTY BOARDS OF RETIREMENT, AS DESCRIBED IN SECTION 24­54­107, C.R.S.;

(j)  THE GOVERNING BOARDS OF STATE COLLEGES AND UNIVERSITIES, AS DEFINED IN SECTIONS 24­54.5­102 (5) AND 24­54.6­102 (4), C.R.S.; AND

(k)  ANY EMPLOYER WHO HAS ESTABLISHED A DEFINED CONTRIBUTION PLAN.

SECTION 4.  Part 4 of article 3 of title 43, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

43­3­416.  Notice of investment opportunity. (1)  THE DEPARTMENT OR THE PRIVATE ENTITY RESPONSIBLE FOR ISSUING ANTICIPATION WARRANTS UNDER THIS PART 4 MAY FORWARD A COPY OF THE ANTICIPATION WARRANTS AND A DESCRIPTION OF THE INVESTMENT OPPORTUNITY FOR SUCH ANTICIPATION WARRANTS TO ANY OF THE FOLLOWING FOR CONSIDERATION UNDER THEIR RESPECTIVE STATUTORY AUTHORITY:

(a)  THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION CREATED UNDER SECTION 24­51­203, C.R.S.;

(b)  THE STATE DEFERRED COMPENSATION COMMITTEE AND THE ADMINISTRATOR, AS DEFINED IN SECTION 24­52­101, C.R.S.;

(c)  THE BOARD OF DIRECTORS OF THE FIRE AND POLICE PENSION ASSOCIATION, AS DEFINED IN SECTION 31­31­102 (2), C.R.S.;

(d)  THE BOARDS OF TRUSTEES OF THE FIREFIGHTERS' AND POLICE OFFICERS' OLD HIRE PENSION FUNDS, AS DEFINED IN SECTION 31­30.5­102 (1), C.R.S.;

(e)  THE BOARD OF TRUSTEES OF THE VOLUNTEER FIREFIGHTER PENSION FUND, AS DEFINED IN SECTION 31­30­1102 (1), C.R.S.;

(f)  THE BOARDS OF EDUCATION OF SCHOOL DISTRICTS, AS DESCRIBED IN SECTION 22­64­112, C.R.S.;

HB 98-1304

(Cont.)

(g)  THE BOARD OF DIRECTORS OF THE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY, AS DEFINED IN SECTION 23­21­502 (2), C.R.S.;

(h)  THE STATE TREASURER FOR CONSIDERATION UNDER SECTION 23­20­117.5, C.R.S.;

(i)  THE COUNTY BOARDS OF RETIREMENT, AS DESCRIBED IN SECTION 24­54­107, C.R.S.;

(j)  THE GOVERNING BOARDS OF STATE COLLEGES AND UNIVERSITIES, AS DEFINED IN SECTIONS 24­54.5­102 (5) AND 24­54.6­102 (4), C.R.S.; AND

(k)  ANY EMPLOYER WHO HAS ESTABLISHED A DEFINED CONTRIBUTION PLAN.

SECTION 5.  23­20­117.5 (3), Colorado Revised Statutes, is amended to read:

23­20­117.5.  University of Colorado fund ­ creation ­ control ­ use. (3)  Moneys in the university of Colorado fund may be invested by the state treasurer in investments authorized by sections 24­36­109, 24­36­112, and 24­36­113, C.R.S., ANY PUBLIC­PRIVATE INITIATIVES WITH THE DEPARTMENT OF TRANSPORTATION, AS DEFINED IN SECTION 43­1­1201 (3) C.R.S., BONDS ISSUED FOR TURNPIKES IN ACCORDANCE WITH PART 2 OF ARTICLE 3 OF TITLE 43, C.R.S., AND ANTICIPATION WARRANTS ISSUED FOR TOLL TUNNELS IN ACCORDANCE WITH PART 4 OF ARTICLE 3 OF TITLE 43, C.R.S. The board shall determine the amount of moneys to be credited in the fund. Until the board of regents withdraws the moneys from the fund, the state treasurer shall invest the moneys on behalf of the board of regents.".

Renumber succeeding sections accordingly.

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

The following bills on the General Orders calendar of Tuesday, March 24, were laid over until Wednesday, March 25, retaining their place on the calendar:

HB 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; HB 98-1007, 98-1012, 98-1300, 98-1053, 98-1261, 98-1209, 98-1252, 98-1249, 98-1368.

AMENDMENT TO THE REPORT OF THE COMMITTEE OF THE WHOLE

HB 98-1200 by Rep. Taylor; Senator Wattenberg--Local Marketing Districts

Senator Alexander moved to amend the Report of the Committee of the Whole to show that the Alexander amendment to HB 98-1200, as amended, as printed in Senate Journal, March 24, page 547, line 30 through page 548, line 44, did not pass and that the following amendment to HB 98-1200 as amended, did pass:

Amend reengrossed bill, page 19, strike lines 4 through 11, and substitute the following:

"29-25-112. Power to levy marketing and promotion tax. (1)(a) IN ADDITION TO ANY OTHER MEANS OF PROVIDING REVENUE FOR A DISTRICT THE BOARD HAS THE POWER WITHIN THE DISTRICT TO LEVY A MARKETING AND PROMOTION TAX ON ANY BUT NOT NECESSARILY ALL OF THE FOLLOWING:

(I) THE PURCHASE PRICE PAID OR CHARGED TO ANY PERSON FOR ROOMS OR ACCOMMODATIONS, AS INCLUDED IN THE DEFINITION OF "SALE" IN SECTION 39­26­102 (11), C.R.S.;

(II) THE PURCHASE PRICE PAID OR CHARGED TO ANY PERSON FOR FOOD AND DRINK SALES, AS DESIGNATED IN SECTION 39­26­104 (1) (e), C.R.S;

HB 98-1200

(Cont.)

(III) THE PURCHASE PRICE TO RIDE LIFTS, TRAMWAYS, GONDOLAS, AND OTHER CONVEYANCES OR TO UTILIZE SLOPES, TRAILS, AND OTHER FACILITIES FOR THE PURPOSE OF SKIING OR CHARGED TO ANY PERSON FOR EACH TICKET;

(IV) THE SALE OF EACH TICKET OR OTHER CHARGE ALLOWING ADMISSION TO OR PARTICIPATION IN ANY PRIVATE TOURIST ATTRACTION CHARGED TO ANY PERSON FOR EACH TICKET. FOR PURPOSES OF THIS SECTION, "PRIVATE TOURIST ATTRACTION" MEANS ANY COMMERCIAL ENTITY WHICH APPEALS TO THE RECREATIONAL DESIRES AND TASTES OF THE TRAVELING PUBLIC THROUGH THE PRESENTATION OF SERVICES OR DEVICES DESIGNED TO ENTERTAIN OR EDUCATE VISITORS, INCLUDING BUT NOT LIMITED TO:

(A)  AMUSEMENT PARKS AND CARNIVALS;

(B)  AERIAL TRAMWAYS;

(C)  COMMERCIAL ANIMAL, REPTILE, AND ZOOLOGICAL EXHIBITS;

(D)  COMMERCIAL BEACHES AND HOT SPRINGS;

(E)  BOAT, RAFT, AND KAYAK RENTALS AND TOURS;

(F)  CAVES, WATERFALLS, OBSERVATION TOWERS, AND OTHER SCENIC AND NATURAL WONDERS;

(G)  HISTORIC STRUCTURES;

(H)  HORSE SHOWS AND RODEOS;

(I)  COMMERCIAL MUSEUMS AND WAX EXHIBITS;

(J)  RIDES ON AIRPLANES, BALLOONS, GLIDERS, PARACHUTES, SCENIC RAILROADS, AND OTHER FORMS OF TRANSPORTATION FOR AMUSEMENT PURPOSES; EXCEPT THAT COMMON CARRIERS SUBJECT TO THE FARE TAX IMPOSED BY SUBPARAGRAPH (VI) OF THIS PARAGRAPH (a), ARE NOT INCLUDED IN THIS SUB-SUBPARAGRAPH (J); AND

(K)  AUTOMOBILE, BICYCLE, DOG, HORSE, AND OTHER RACING EVENTS.

(V) THE PURCHASE PRICE PAID OR CHARGED TO ANY PERSON FOR THE RENTAL OF A PASSENGER AUTOMOBILE; OR

(VI) THE SALE OF EACH TICKET OR FARE ALLOWING PASSAGE ON TOUR BUSES AND OTHER COMMON CARRIERS ENGAGED IN TRANSPORTING PASSENGERS FOR SIGHTSEEING PURPOSES.

(b)  ATTRACTIONS OWNED OR OPERATED BY THE FEDERAL, STATE, OR UNITS OF LOCAL GOVERNMENT SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION (1).

(c)  ATTRACTIONS OPERATED ON AN OCCASIONAL OR INTERMITTENT BASIS FOR FUND­RAISING PURPOSES BY NONPROFIT CHARITABLE ORGANIZATIONS WHOSE ORDINARY ACTIVITIES DO NOT INVOLVE THE OPERATION OF SUCH ATTRACTIONS SHALL BE EXEMPT FROM THE ADMISSIONS TAX IMPOSED BY THIS SUBSECTION (1).

(d) NO SUCH TAX SHALL TAKE EFFECT UNLESS APPROVED";

Line 24 strike "(b)" and substitute "(e)".

Page 20, strike lines 12 through 14 and substitute the following:

"(2) ANY PERSON OR ENTITY PROVIDING ANY OF THE GOODS OR SERVICES SUBJECT TO TAX UNDER SUBSECTION (1) OF THIS SECTION SHALL BE".

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Congrove, the Report of the Committee of the Whole, as amended, was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

HB 98-1089, 98-1090, 98-1370, 98-1361, 98-1102, 98-1029, 98-1020, 98-1317, 98-1250, 98-1157, declared passed on Second Reading.

HB 98-1033 as amended, 98-1215 as amended, 98-1200 as amended, 98-1176 as amended, 98-1050 as amended, 98-1371 as amended, 98-1178 as amended, 98-1245 as amended, 98-1304 as amended, declared passed on Second Reading.

HB 98-1236, 98-1093, 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; HB 98-1007, 98-1012, 98-1300, 98-1053, 98-1261, 98-1209, 98-1252, 98-1249, 98-1368, laid over until Wednesday, March 25, retaining their place on the calendar.

HB 98-1158 as amended, laid over until Wednesday, March 25, retaining its place on the calendar.

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that HB 98-1160 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, strike lines 18 through 25.

Page 4, strike lines 1 through 6 and substitute the following:

"SECTION 3. 42­2­125 (1) (k), (3), and (6), Colorado Revised Statutes, are";

line 19, after "OF", insert "OR ADJUDICATED FOR";

line 20, strike "18-18-406 (1), (2), (3) (a) (I)," and substitute "18-18-406 (1), (3) (a) (I),";

after line 22, insert the following:

"(3)  Upon revoking the license of any person as required by this section, the department shall immediately notify the licensee as provided in section 42­2­119 (2). Where a minor driver's or provisional driver's license is revoked under paragraph PARAGRAPH (k) (II), (m), or (n) of subsection (1) of this section, such revocation shall not run concurrently with any previous or subsequent suspension, revocation, cancellation, or denial which THAT is provided for by law.

(6) (a)  Any person under seventeen years of age who has a minor driver's license revoked pursuant to paragraph PARAGRAPH (k) (II) OR (m) of subsection (1) of this section shall be subject to a revocation period which THAT shall continue for the period of time described hereafter:

(I)  After one conviction, twenty­four hours of public service if ordered by the court, or three months;

(II)  After a second conviction, six months;

(III)  After any third or subsequent conviction, one year.

(b)  Any person seventeen years of age or older who has a minor driver's license revoked pursuant to paragraph PARAGRAPH (k) (II) OR (m) of subsection (1) of this section shall be subject to a revocation period which THAT shall continue for the period of time described hereafter:

(I)  After one conviction, twenty­four hours of public service if ordered by the court, or three months;

(II)  After a second conviction, six months;

(III)  After any third or subsequent conviction, one year.

HB 98-1160

(Cont.)

(c)  Any person who has a provisional driver's license revoked pursuant to paragraph PARAGRAPH (k) (II) OR (m) of subsection (1) of this section shall be subject to a revocation period which THAT shall continue for the period of time described hereafter:

(I)  After one conviction, twenty­four hours of public service if ordered by the court, or three months;

(II)  After a second conviction, six months;

(III)  After any third or subsequent conviction, one year.

SECTION 3. 18­18­404, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­18­404. Unlawful use of a controlled substance. (4)  IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS SECTION, UPON EACH CONVICTION, ENTRY OF PLEA OF GUILTY OR NOLO CONTENDERE, OR RECEIPT OF A DEFERRED SENTENCE FOR A NONFELONY VIOLATION OF THIS SECTION OR ADJUDICATION AS A DELINQUENT FOR AN ACT THAT WOULD CONSTITUTE A NONFELONY VIOLATION OF THIS SECTION IF COMMITTED BY AN ADULT, ANY DRIVER'S PERMIT, MINOR DRIVER'S LICENSE, OR PROVISIONAL DRIVER'S LICENSE HELD BY THE OFFENDER SHALL BE REVOKED AS PROVIDED IN SECTION 42­2­125, C.R.S.

SECTION 4. 18­18­405, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­18­405. Unlawful distribution, manufacturing, dispensing, sale, or possession. (6)  IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS SECTION, UPON EACH CONVICTION, ENTRY OF PLEA OF GUILTY OR NOLO CONTENDERE, OR RECEIPT OF A DEFERRED SENTENCE FOR A NONFELONY VIOLATION OF THIS SECTION OR ADJUDICATION AS A DELINQUENT FOR AN ACT THAT WOULD CONSTITUTE A NONFELONY VIOLATION OF THIS SECTION IF COMMITTED BY AN ADULT, ANY DRIVER'S PERMIT, MINOR DRIVER'S LICENSE, OR PROVISIONAL DRIVER'S LICENSE HELD BY THE OFFENDER SHALL BE REVOKED AS PROVIDED IN SECTION 42­2­125, C.R.S.

SECTION 5. 18­18­406, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­18­406. Offenses relating to marihuana and marihuana concentrate. (12)  IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS SECTION, UPON EACH CONVICTION, ENTRY OF PLEA OF GUILTY OR NOLO CONTENDERE, OR RECEIPT OF A DEFERRED SENTENCE FOR A NONFELONY VIOLATION OF THIS SECTION OR ADJUDICATION AS A DELINQUENT FOR AN ACT THAT WOULD CONSTITUTE A NONFELONY VIOLATION OF THIS SECTION IF COMMITTED BY AN ADULT, ANY DRIVER'S PERMIT, MINOR DRIVER'S LICENSE, OR PROVISIONAL DRIVER'S LICENSE HELD BY THE OFFENDER SHALL BE REVOKED AS PROVIDED IN SECTION 42­2­125, C.R.S.

SECTION 6. 42­2­124 (4), Colorado Revised Statutes, is amended to read:

42­2­124. When court to report convictions. (4)  For the purposes of section 42­2­125 (1) (m) and (1) (n), SECTION 42­2­125 (1) (k) (II), (1) (m), AND (1) (n), an adjudication of delinquency under title 19, C.R.S., for the acts described in such paragraphs PARAGRAPHS (k) (II), (m), and (n) shall be considered to be a conviction for purposes of this section. However, an expungement of an adjudication of delinquency shall not result in a recision of the revocation of the driving privilege unless said expungement is a result of a reversal of the adjudication on appeal.

SECTION 7. 42­2­130, Colorado Revised Statutes, is amended to read:

HB 98-1160

(Cont.)

42­2­130. Mandatory surrender of license or permit for drug convictions. Immediately upon a plea of guilty or nolo contendere or a verdict of guilty by the court or a jury to OR ADJUDICATION FOR an offense for which revocation of a license or permit is mandatory pursuant to section 42­2­125 (1) (k), the court shall require the offender to immediately surrender the offender's driver's, minor driver's, provisional driver's, or temporary driver's license or instruction permit to the court. The court shall forward to the department a notice of plea or verdict on the form prescribed by the department, together with the offender's license or permit, not later than ten days after the surrender of the license or permit. Any person who does not immediately surrender such person's license or permit to the court commits a class 2 misdemeanor traffic offense, unless such person swears or affirms under oath administered by the court and subject to the penalties of perjury, that the license or permit has been lost, destroyed, or is not in said person's immediate possession. Any person who swears or affirms that the license or permit is not in the immediate possession of said person shall surrender said license or permit to the court within five days of the sworn or affirmed statement, and, if not surrendered within such time, said person commits a class 2 misdemeanor traffic offense.

SECTION 8. 42­7­406 (1), Colorado Revised Statutes, is amended to read:

42­7­406. Proof required under certain conditions. (1)  Whenever the director revokes the license of any person under section 42­2­125 or 42­2­126, or cancels any license under section 42­2­122 because of the licensee's inability to operate a motor vehicle because of physical or mental incompetence, or cancels any probationary license under section 42­2­127, the director shall not issue to or continue in effect for any such person any new or renewal of license until permitted under the motor vehicle laws of this state, and not then until and unless such person files or has filed and maintains proof of financial responsibility as provided in this article; except that persons whose licenses are canceled pursuant to section 42­2­122 (2.5), revoked pursuant to section 42­2­125 SECTION 42­2­125 (1) (k) (II), (1) (m), or (1) (n), revoked for a first offense under section 42­2­125 (1) (g.5) or a first offense under section 42­2­126 (2) (a) (I.5) or (2) (a) (IV), or denied pursuant to section 42­2­104 (3) (f) based upon a conviction under section 18­4­509 (2), C.R.S., or any counterpart municipal charter or ordinance offense to such section, shall not be required to file proof of financial responsibility in order to be relicensed.".

Renumber succeeding sections accordingly.

Page 4, strike lines 23 through 26.

Page 5, strike lines 1 through 20.

Renumber succeeding sections accordingly.

Page 19, after line 20, insert the following:

"SECTION  36. 18­3­201, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­3­201. Definitions. As used in sections 18­3­201 to 18­3­203, unless the context otherwise requires:

(1)  "AMBULANCE DRIVER" MEANS ANY PERSON AUTHORIZED TO DRIVE ANAMBULANCE IN THIS STATE AS PROVIDED IN ARTICLE 3.5 OF TITLE 25, C.R.S., WHETHER OR NOT COMPENSATED.

(2)  "EMERGENCY MEDICAL TECHNICIAN" MEANS AN INDIVIDUAL WHO HOLDS A VALID EMERGENCY MEDICAL TECHNICIAN CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO ARTICLE 3.5 OF TITLE 25, C.R.S., WHETHER OR NOT COMPENSATED.

HB 98-1160

(Cont.)

(3)  "EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES" MEANS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT WHO IS ENGAGED OR ACTING IN, OR WHO IS PRESENT FOR THE PURPOSE OF ENGAGING OR ACTING IN, THE PERFORMANCE OF ANY DUTY, SERVICE, OR FUNCTION IMPOSED, AUTHORIZED, REQUIRED, OR PERMITTED BY LAW TO BE PERFORMED BY AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT, WHETHER OR NOT THE EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT IS WITHIN THE TERRITORIAL LIMITS OF HIS OR HER JURISDICTION OR IS IN UNIFORM, IF THE PERSON COMMITTING AN ASSAULT UPON OR OFFENSE AGAINST OR OTHERWISE ACTING TOWARD SUCH EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT KNOWS OR REASONABLYSHOULD KNOW THAT THE VICTIM IS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT.

(1) (4)  "Fireman" means an officer or member of a fire department or fire protection or fire­fighting agency of the state, or any municipal or quasi­municipal corporation in this state, whether that person is a volunteer or receives compensation for services rendered as such fireman.

(5)  "MEMBER OF A RESCUE UNIT" MEANS A PERSON WHO IS A MEMBER OF A RESCUE UNIT, AS DEFINED IN SECTION 25­3.5­103 (11), C.R.S., WHETHER OR NOT COMPENSATED.

(2) (6)  "Peace officer or fireman engaged in the performance of his duties" means a peace officer or fireman who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer or fireman, whether or not the peace officer or fireman is within the territorial limits of his jurisdiction, if the peace officer or fireman is in uniform, or the person committing an assault upon or offense against or otherwise acting toward such peace officer or fireman knows or reasonably should know that the victim is a peace officer or fireman. For the purposes of this subsection (2) (6) and this part 2, the term "peace officer" shall include county enforcement personnel designated pursuant to section 29­7­101 (3), C.R.S.

SECTION 37. 18­3­202 (1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

18­3­202. Assault in the first degree. (1)  A person commits the crime of assault in the first degree if:

(e.7)  WITH INTENT TO CAUSE SERIOUS BODILY INJURY UPON THE PERSON OF AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT, THE PERSON THREATENS WITH A DEADLY WEAPON AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES AND THE OFFENDER KNOWS OR REASONABLY SHOULD KNOW THAT THEVICTIM IS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES; OR

SECTION 38. 18­3­203 (1) (c), Colorado Revised Statutes, 1986 Repl. Vol., is amended, and the said 18­3­203 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

18­3­203. Assault in the second degree. (1)  A person commits the crime of assault in the second degree if:

(c)  With intent to prevent one whom he THE PERSON knows, or should know, to be a peace officer, or fireman, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT from performing a lawful duty, he SUCH PERSON intentionally causes bodily injury to any person; or

HB 98-1160

(Cont.)

(h)  WHILE LAWFULLY CONFINED OR IN CUSTODY, THE PERSON VIOLENTLY APPLIES PHYSICAL FORCE AGAINST THE PERSON OF AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES AND THE PERSON COMMITTING THE OFFENSE KNOWS OR REASONABLY SHOULD KNOW THAT THE VICTIM IS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCEOF HIS OR HER DUTIES. A SENTENCE IMPOSED PURSUANT TO THIS PARAGRAPH (h) SHALL BE MANDATORY, AND THE COURT SHALL NOT GRANT PROBATION OR A SUSPENDED SENTENCE, IN WHOLE OR IN PART. SAID SENTENCE SHALL RUN CONSECUTIVELY WITH ANY OTHER SENTENCES BEING SERVED BY THE OFFENDER.

SECTION 39. 18­1­106 (1.5) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­1­106. Misdemeanors classified ­ penalties. (1.5) (b)  As used in this section, "peace officer or fireman engaged in the performance of his duties" means a peace officer as defined in section 18­1­901 (3) (l) (I) or (3) (l) (II) or a fireman as defined in section 18­3­201 (1) 18­3­201 (4) who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer or fireman, whether or not the peace officer or fireman is within the territorial limits of his jurisdiction, if the peace officer or fireman is in uniform or the person committing an assault upon or offense against or otherwise acting toward such peace officer or fireman knows or reasonably should know that the victim is a peace officer or fireman or if the peace officer or fireman is intentionally assaulted in retaliation for the performance of his official duties.

SECTION 40. 18­3­107 (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­3­107. First degree murder of a peace officer or fireman ­ legislative declaration. (2)  As used in this section, "peace officer or fireman engaged in the performance of his duties" means a peace officer, as defined in section 18­1­901 (3) (l) (I) or (3) (l) (II), or a fireman, as defined in section 18­3­201 (1), 18­3­201 (4), who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer or fireman, whether or not the peace officer or fireman is within the territorial limits of his jurisdiction, if the peace officer or fireman is in uniform or the person committing an assault upon or offense against or otherwise acting toward such peace officer or fireman knows or reasonably should know that the victim is a peace officer or fireman.

SECTION 41.  Exception to the requirements of section 2-2-703, Colorado Revised Statutes.  The general assembly hereby finds that the amendments to section 18-9-121, Colorado Revised Statutes, enacted in this act will result in the minor fiscal impact of one additional offender being convicted and sentenced to the department of corrections during the five years following passage of the act. Because of the relative insignificance of this degree of fiscal impact, these amendments constitute an exception to the five-year appropriation requirement specified in section 2-2-703, Colorado Revised Statutes.".

Renumber succeeding sections accordingly.

Trans- After consideration on the merits, the committee recommends that the following be

portation referred favorably to the Committee of the Whole: HB 98-1375

Trans- After consideration on the merits, the committee recommends that HB 98-1335 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 3, line 17, strike "ADAMS, ARAPAHOE,".

Page 4, line 6, strike "ELEVEN" and substitute "TWELVE";

line 8, after "DIRECTORS", insert ",ONE FROM EACH MAJOR POLITICAL PARTY,";

line 9, after "TWO", insert "DIRECTORS, ONE FROM EACH MAJOR POLITICAL PARTY,";

strike line 15, and substitute the following:

HB 98-1335

(Cont.)

"(c) SIX DIRECTORS APPOINTED WITHOUT REGARD TO PARTY AFFILIATION BY THE GOVERNING BODY OF EACH".

Page 6, line 22, strike the period and substitute ", BUT NO STATE FUNDS ARE AUTHORIZED TO BE EXPENDED FOR ANY PURPOSE.".

Page 7, line 21, strike "SYSTEM" and substitute "SYSTEM THAT SHALL INCLUDE PROVISIONS FOR ALL APPROPRIATE CLEARANCES AND PERMITS TO BE ATTAINED PRIOR TO INITIATION OF CONSTRUCTION OF SUCH SYSTEM AND";

strike lines 25 and 26, and substitute "2003;".

Page 9, line 8, strike the first "TITLE,";

strike lines 23 through 26.

Page 10, strike lines 1 through 3.

Reletter succeeding paragraphs accordingly.

Page 10, after line 15, insert the following:

"(2)  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO INTERFERE WITH THE AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION TO MAKE ANY IMPROVEMENTS IN THE TERRITORY DEEMED NECESSARY BY THE TRANSPORTATION COMMISSION UNTIL THE GENERAL ASSEMBLY HAS APPROVED THE PLAN DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION OR THE PLAN DESCRIBED IN SECTION 32-16-108.".

Page 11, line 16, strike "JULY 1, 2003." and substitute "JANUARY 1, 2004.".

State, After consideration on the merits, the committee recommends that HB 98-1312 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 4, line 8, after "GRADES.", add "IF THE STATE PERSONNEL DIRECTOR PROPOSES OR THE DEPARTMENT OF PERSONNEL RECOMMENDS ANY CHANGES TO CLASSES OR OCCUPATIONAL GROUPS OR TO THE PAY GRADES FOR SUCH CLASSES OR GROUPS AS A RESULT OF THE EVALUATION AND ANALYSES REQUIRED UNDER THIS PARAGRAPH (b), THE DIRECTOR SHALL NOTIFY ALL AFFECTED EMPLOYEES AND EMPLOYEE ORGANIZATIONS OF SUCH CHANGES. UPON REQUEST OF ANY AFFECTED EMPLOYEE OR EMPLOYEE ORGANIZATION, THE STATE PERSONNEL DIRECTOR SHALL MEET AND CONFER IN GOOD FAITH WITH SUCH EMPLOYEE OR ORGANIZATION REGARDING THE PROPOSED OR RECOMMENDED CHANGES PRIOR TO FINALIZING AND IMPLEMENTING ANY SUCH CHANGE.";

line 16, strike "INAPPROPRIATE" and substitute "INAPPLICABLE".

Page 6, strike lines 10 and 11 and substitute the following:

"CONDITIONS FOR ALL LEAVE BENEFITS THAT ARE TYPICALLY CONSISTENT WITH PREVAILING".

Page 7, after line 4, insert the following:

"(I)  THE STATE PERSONNEL DIRECTOR SHALL MONITOR COMPLIANCE WITH PARAGRAPH (d) OF THIS SUBSECTION (1) AND SHALL REPORT THE DIRECTOR'S FINDINGS BY JANUARY 1 OF EACH YEAR TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY. THE REPORT SHALL INCLUDE, BY AGENCY OR DEPARTMENT, THE TOTAL AMOUNT OF DOLLARS APPROPRIATED FOR PERFORMANCE AWARDS FOR THE PRIOR FISCAL YEAR, THE TOTAL AMOUNT OF THOSE APPROPRIATED DOLLARS AWARDED TO EMPLOYEES FOR PERFORMANCE AWARDS, AND THE TOTAL AMOUNT OF DOLLARS AWARDED FOR EACH PERFORMANCE CATEGORY.";

line 13, after "INCLUDING", insert "PERFORMANCE­BASED PAY AND".

HB 98-1312

(Cont.)

Page 9, strike line 17 and substitute the following:

"CONDUCTED ANNUALLY THROUGH CALENDAR YEAR 2000 AND EVERY TWO YEARS, BEGINNING JANUARY 1, 2001, AND A".

Page 10, strike lines 1 through 4 and substitute the following:

"UNLESS THE GOVERNOR ORDERS OTHERWISE PURSUANT TO SECTION 24­50­109.5 AND SUCH ORDER IS ADOPTED BY THE GENERAL ASSEMBLY THROUGH A JOINT RESOLUTION DECLARING A FISCAL EMERGENCY AND APPROVED BY THE GOVERNOR IN ACCORDANCE WITH SECTION 39 OF ARTICLE V OF THE COLORADO CONSTITUTION.";

strike lines 14 through 18, and substitute the following:

"A NONMEDICAL PAY PLAN IN EFFECT PRIOR TO JULY 1, 1991, SHALL BE CALCULATED BASED ON THE 1991 MAXIMUM OF FIVE THOUSAND SEVEN HUNDRED NINETY­FOUR DOLLARS, PLUS THE SUBSEQUENT ADJUSTMENTS MADE UNDER THIS PARAGRAPH (b) SINCE JULY 1, 1991; EXCEPT THAT CLASSES IN THE MEDICAL PAY PLAN REQUIRING LICENSURE AS A PHYSICIAN OR DENTIST SHALL BE SUBJECT TO A MAXIMUM MONTHLY SALARY CALCULATED ON THE BASIS OF THE 1991 MAXIMUM OF SEVEN THOUSAND EIGHT HUNDRED TWELVE DOLLARS, PLUS THE SUBSEQUENT ADJUSTMENTS MADE UNDER THIS PARAGRAPH (b) SINCE JULY 1, 1991. SUCH AMOUNTS".

Page 16, strike lines 2 through 6 and substitute the following:

"AND PERIODS OF AUTHORIZED PAID LEAVE FALLING WITHIN A REGULARLY SCHEDULED WORKWEEK SHALL BE COUNTED AS WORK TIME IN DETERMINING OVERTIME FOR EMPLOYEES PERFORMING ESSENTIAL LAW ENFORCEMENT, HIGHWAY MAINTENANCE, AND OTHER SUPPORT SERVICES DIRECTLY NECESSARY FOR THE HEALTH, SAFETY, AND WELFARE OF PATIENTS, RESIDENTS, AND INMATES.".

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

Veterans, referred favorably to the Committee on Appropriations: HB 98-1009

and Military

Affairs

Judiciary After consideration on the merits, the committee recommends that HB 98-1088 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 4, after "GUARDIAN", insert "EITHER";

strike line 6 and substitute "MINOR IS AVAILABLE BEFORE THE COURT TO TESTIFY OR TO APPEAR IN COURT AND SHOW GOOD CAUSE FOR THE UNEMANCIPATED MINOR'S FAILURE TO APPEAR.".

Page 7, line 3, strike "SHALL" and substitute "MAY";

strike lines 7 and 8 and substitute the following:

"13­4­108. Supreme court review. (1)  Before application may be";

line 10, strike "as provided" and substitute "as provided IF REQUIRED";

line 17, strike "certiorari" and substitute "certiorari, INCLUDING PROCEDURES FOR REHEARINGS,";

strike lines 19 through 25.

MESSAGE FROM THE HOUSE

March 24, 1998

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes

HB98-1173, amended as printed in House Journal, March 23, page 1022;

HB98-1246, amended as printed in House Journal, March 23, page 1022;

HB98-1272, amended as printed in House Journal, March 23, page 1022;

HB98-1318, amended on Third Reading as printed in House Journal, March 24;

HB98-1385, amended as printed in House Journal, March 23, page 1023;

HB98-1395, amended as printed in House Journal, March 23, pages 1027-1028;

SB98-171, amended as printed in House Journal, March 23, pages 1018-1020, and on Third Reading, as printed in House Journal, March 24.

The House has passed on Third Reading and returns herewith SB98-007, 172, and 173.

MESSAGE FROM THE REVISOR

March 24, 1998

We herewith transmit:

without comment, as amended, HB98-1173, HB98-1246, HB98-1272, HB98-1318, HB98-1385, HB98-1395, and SB98-171.

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 98-014 by Senators Congrove and Arnold; also Representative Schauer--Concerning recognition of the Colorado law enforcement memorial.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Wednesday, March 25.

INTRODUCTION OF BILLS

The following bills were read by title and referred to the committees indicated:

HB 98-1173 by Representatives Tool and June; also Senator Rizzuto--Concerning an increase in the fees imposed for motor vehicle titles, and making an appropriation in connection therewith.

Transportation

Appropriations

HB 98-1246 by Representatives Romero, Owen, and Grampsas; also Senators Rizzuto, Blickensderfer, Lacy, and Schroeder--Concerning the elimination of the supplier database cash fund established to cover expenses relating to the state supplier database maintained by the department of personnel, and making an appropriation in connection therewith.

State, Veterans, and Military Affairs

Appropriations

HB 98-1272 by Representative Kaufman; also Senator Perlmutter--Concerning domestic violence.

Judiciary

HB 98-1318 by Representative Grampsas; also Senator Lacy--Concerning the creation of a trust fund for the purpose of funding future capital construction projects for the university of Colorado health sciences center at the former Fitzsimons army base.

Education

Appropriations

HB 98-1321 by Representatives G. Berry, Dyer, K. Alexander, Bacon, George, Kaufman, Reeser, Smith, Takis, Udall, S. Williams, and T. Williams; also Senators Hopper, Linkhart, B. Alexander, Bishop, and Reeves--Concerning youth mentoring services.

Judiciary

Appropriations

HB 98-1385 by Representatives Owen, Grampsas, and Romero; also Senators Blickensderfer, Lacy, and Rizzuto--Concerning establishment of catchment areas for juvenile facilities.

Judiciary

HB 98-1395 by Representatives Taylor, Miller, Sullivant, Young, Allen, G. Berry, Dean, Dyer, Entz, Gordon, Grossman, June, Leyba, Nichol, Romero, Salaz, Saliman, Takis, Udall, S. Williams, and Zimmerman; also Senators Rizzuto, Lacy, Mutzebaugh, and Wattenberg--Concerning the authority of the department of transportation to immediately acquire the Towner railroad line as part of the state rail bank, and making an appropriation therefor.

Transportation

Appropriations

______________________________

On motion of Senator Powers, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, March 24, was laid over until Wednesday, March 25, retaining its place on the calendar.

______________________________

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

March 25, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate