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.

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Thirtieth Legislative Day Thursday, February 4, 1999

Prayer by Pastor Stephen Swanson, St Paul's Lutheran Church, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--64.

Absent and  excused for Legislative Business--Representative Gordon--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Gagliardi, the reading of the journal of February 3, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

After consideration on the merits, the Committee recommends the following:

HB99-1066 be postponed indefinitely.

HB99-1130 be referred to the Committee of the Whole with favorable recommendation.

HB99-1153 be postponed indefinitely.



EDUCATION

After consideration on the merits, the Committee recommends the following:

HB99-1045 be postponed indefinitely.

HB99-1096 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, strike everything below the enacting clause and substitute the following:

"SECTION 10  22­63­203 (2) (b) (II), Colorado Revised Statutes, is amended to read:

22­63­203.  Probationary teachers ­ renewal and nonrenewal of employment contract. (2) (b)  For purposes of paragraph (a) of this subsection (2):

(II)  A probationary teacher who is employed after the first day of the academic year is deemed to be employed for a full school year if the period of continuous and uninterrupted employment during that year includes the last ninety ONE HUNDRED TWENTY school days of the academic year.

SECTION 20  Effective date. This act shall take effect July 1, 1999.

SECTION 30  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.".


HB99-1210 be referred to the Committee of the Whole with favorable recommendation.



HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

After consideration on the merits, the Committee recommends the following:

HB99-1116 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, strike everything below the enacting clause, and substitute the following:

"SECTION 10  Title 27, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 10.3

Child Mental Health Treatment Act

27­10.3­101.  Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "CHILD MENTAL HEALTH TREATMENT ACT".

27­10.3­102.  Legislative declaration. (1)  THE GENERAL ASSEMBLY FINDS THAT MANY PARENTS IN COLORADO HAVE EXPERIENCED CHALLENGING CIRCUMSTANCES BECAUSE THEIR CHILDREN HAVE SIGNIFICANT MENTAL HEALTH NEEDS. MANY TIMES, THE PARENTS ARE LOVING, CARING PARENTS WHO HAVE BECOME INCREASINGLY FRUSTRATED IN THEIR ATTEMPTS TO NAVIGATE THE VARIOUS GOVERNMENTAL SYSTEMS INCLUDING CHILD WELFARE, MENTAL HEALTH, LAW ENFORCEMENT, JUVENILE JUSTICE, EDUCATION, AND YOUTH CORRECTIONS IN AN ATTEMPT TO FIND HELP FOR THEIR CHILDREN. FREQUENTLY IN THESE SITUATIONS AN ACTION IN DEPENDENCY OR NEGLECT UNDER ARTICLE 3 OF TITLE 19, C.R.S., IS NEITHER APPROPRIATE NOR WARRANTED.

(2)  THE GENERAL ASSEMBLY FINDS THAT IT IS DESIRABLE TO ASSIST CHILDREN WITH MENTAL HEALTH NEEDS AND SUCH CHILDREN'S FAMILIES. THE GENERAL ASSEMBLY FURTHER FINDS THAT IT IS DESIRABLE TO MAKE MENTAL HEALTH SERVICES MORE AVAILABLE TO THESE FAMILIES DESIRING SUCH TREATMENT FOR THEIR CHILDREN. ACCORDINGLY, THE GENERAL ASSEMBLY DETERMINES THAT IT IS APPROPRIATE TO ADOPT A PROGRAM PURSUANT TO WHICH SERVICES WOULD BE PROVIDED TO ELIGIBLE CHILDREN WHO ARE MENTALLY ILL AND TO SUCH CHILDREN'S FAMILIES FOR THE PURPOSE OF ASSURING THAT SUCH CHILDREN RECEIVE PROPER TREATMENT.

27­10.3­103.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "CHILD AT RISK OF OUT­OF­HOME PLACEMENT" MEANS A CHILD WHO HAS BEEN DIAGNOSED AS A MENTALLY ILL PERSON, AS DEFINED IN SECTION 27­10­102 (7), AND FOR WHOM IT IS NOT APPROPRIATE OR WARRANTED TO FILE AN ACTION IN DEPENDENCY OR NEGLECT PURSUANT TO ARTICLE 3 OF TITLE 19, C.R.S.

(2)  "COMMUNITY MENTAL HEALTH CENTER" MEANS EITHER A PHYSICAL FACILITY OR A GROUP OF SERVICE PROVIDERS UNDER UNIFIED ADMINISTRATION OR OTHERWISE AFFILIATED WITH ONE ANOTHER THAT PROVIDES, AT A MINIMUM, THE FOLLOWING SERVICES FOR THE PREVENTION AND TREATMENT OF MENTAL ILLNESS IN PERSONS RESIDING IN A PARTICULAR COMMUNITY IN OR NEAR THE FACILITY OR GROUP SO SITUATED:

(a)  INPATIENT SERVICES;

(b)  OUTPATIENT SERVICES;

(c)  PARTIAL HOSPITALIZATION;

(d)  RESIDENTIAL TREATMENT;

(e)  EMERGENCY SERVICES; AND

(f)  CONSULTATIVE AND EDUCATIONAL SERVICES.

(3)  "COUNTY DEPARTMENT" MEANS THE COUNTY OR DISTRICT DEPARTMENT OF SOCIAL SERVICES.

(4)  "MENTAL HEALTH AGENCY" MEANS THE COMMUNITY MENTAL HEALTH CENTER SERVING CHILDREN IN A PARTICULAR GEOGRAPHIC AREA OR THE MENTAL HEALTH ASSESSMENT AND SERVICES AGENCY SERVING CHILDREN IN A PARTICULAR GEOGRAPHIC AREA WHO ARE RECEIVING MEDICAID.

(5)  "STATE DEPARTMENT" MEANS THE STATE DEPARTMENT OF HUMAN SERVICES.

27­10.3­104.  Provision of mental health treatment services for youth. (1)  A PARENT OR GUARDIAN WHO BELIEVES HIS OR HER MINOR CHILD IS AT RISK OF OUT­OF­HOME PLACEMENT MAY APPLY TO THE MENTAL HEALTH AGENCY ON BEHALF OF THE MINOR CHILD FOR MENTAL HEALTH TREATMENT SERVICES PURSUANT TO THIS SECTION. IN SUCH CIRCUMSTANCES, IT SHALL BE THE RESPONSIBILITY OF THE MENTAL HEALTH AGENCY TO EVALUATE THE CHILD AND TO CLINICALLY ASSESS THE CHILD'S NEED FOR MENTAL HEALTH SERVICES AND, WHEN WARRANTED, TO PROVIDE TREATMENT SERVICES AS MAY BE NECESSARY AND IN THE BEST INTERESTS OF THE CHILD AND THE CHILD'S FAMILY. ANY DENIAL OF REQUESTED RESIDENTIAL SERVICES SHALL BE MADE BY A PROFESSIONAL PERSON, AS THAT TERM IS DEFINED IN SECTION 27-10-102 (11). THE MENTAL HEALTH AGENCY SHALL BE RESPONSIBLE FOR PROVIDING THE TREATMENT SERVICES, INCLUDING ANY IN­HOME FAMILY MENTAL HEALTH TREATMENT, OTHER FAMILY PRESERVATION SERVICES, RESIDENTIAL TREATMENT, OR ANY POST­RESIDENTIAL FOLLOW­UP SERVICES THAT MAY BE APPROPRIATE FOR THE CHILD'S OR FAMILY'S NEEDS.

(2)  IN ASSESSING THE MINOR CHILD, IF THE MENTAL HEALTH AGENCY DETERMINES PURSUANT TO SECTION 19-3-304, C.R.S., THAT THERE IS REASONABLE CAUSE TO KNOW OR SUSPECT THAT A CHILD HAS BEEN SUBJECTED TO ABUSE OR NEGLECT, THEN THE MENTAL HEALTH AGENCY SHALL IMMEDIATELY CONTACT THE APPROPRIATE COUNTY DEPARTMENT. WITHIN TEN DAYS AFTER THE REFERRAL TO THE COUNTY DEPARTMENT, THE MENTAL HEALTH AGENCY SHALL MEET WITH THE COUNTY DEPARTMENT AND THE FAMILY. UPON REFERRAL TO THE COUNTY DEPARTMENT, THE COUNTY DEPARTMENT SHALL PROCEED WITH AN ASSESSMENT TO DETERMINE WHETHER THERE IS A SUFFICIENT BASIS TO BELIEVE THAT PHYSICAL OR SEXUAL ABUSE OR NEGLECT OR SOME OTHER FORM OF ABUSE OR NEGLECT OF A CHILD'S PHYSICAL WELL-BEING HAS OCCURRED WARRANTING A DEPENDENCY OR NEGLECT ACTION.

27­10.3­105.  Monitoring ­ report. (1)  ON OR BEFORE SEPTEMBER 1, 2002, EACH MENTAL HEALTH AGENCY SHALL REPORT TO THE STATE DEPARTMENT THE FOLLOWING INFORMATION:

(a)  THE NUMBER OF CHILDREN TO WHOM THE FOLLOWING SERVICES WERE PROVIDED:

(I)  IN­HOME FAMILY MENTAL HEALTH TREATMENT;

(II)  FAMILY PRESERVATION SERVICES;

(III)  RESIDENTIAL TREATMENT; AND

(IV)  POST­RESIDENTIAL FOLLOW­UP SERVICES;

(b)  THE NUMBER OF CHILDREN REFERRED TO THE COUNTY DEPARTMENT FOR A DEPENDENCY OR NEGLECT INVESTIGATION PURSUANT TO SECTION 27­10.3­104 (2);

(c)  THE COSTS ASSOCIATED WITH THE PROVISION OF THE MENTAL HEALTH TREATMENT SERVICES;

(d)  THE PROFILES OF THE CHILDREN AND FAMILIES SERVED;

(e)  IF RESIDENTIAL SERVICES WERE PROVIDED, THE LENGTH OF STAY; AND

(f)  THE AGGREGATE NUMBER OF COMPLAINTS SUBMITTED PURSUANT TO THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 27­10.3­107, THE NATURE OF THE COMPLAINTS, AND THE GENERAL DISPOSITION OF SUCH CASES.

(2)  ON OR BEFORE DECEMBER 1, 2002, THE STATE DEPARTMENT SHALL REPORT THE AGGREGATE, STATEWIDE INFORMATION RECEIVED PURSUANT TO SUBSECTION (1) OF THIS SECTION TO THE MEMBERS OF THE GENERAL ASSEMBLY.

27­10.3­106.  Funding ­ rules. (1) (a)  IN ORDER TO MAKE MENTAL HEALTH TREATMENT AVAILABLE, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT MENTAL HEALTH TREATMENT PROVIDED PURSUANT TO THIS SECTION TO EACH MEDICAID-ELIGIBLE CHILD WHO IS DIAGNOSED AS A MENTALLY ILL PERSON, AS THAT TERM IS DEFINED IN SECTION 27­10­102 (7), BE PROVIDED BY MENTAL HEALTH AGENCIES, AND PAID FOR THROUGH FEDERAL MEDICAID FUNDING THAT FLOWS THROUGH THE MENTAL HEALTH AGENCIES UNDER THE FEE FOR SERVICE PROGRAM.

(b)  IT IS THE FURTHER INTENT OF THE GENERAL ASSEMBLY THAT FOR EACH CHILD WHO IS AT RISK OF OUT­OF­HOME PLACEMENT, AS THAT TERM IS DEFINED IN SECTION 27­10.3­103 (1), AND FOR WHOM MENTAL HEALTH TREATMENT SERVICES ARE APPROPRIATE, EVERY EFFORT SHALL BE MADE, INCLUDING CONSIDERATION AS A FAMILY OF ONE, TO SEEK PAYMENT FOR SUCH SERVICES PROVIDED BY MENTAL HEALTH AGENCIES THROUGH FEDERAL MEDICAID FUNDING UPON QUALIFICATION OF THE CHILD.

(2)  THE STATE DEPARTMENT SHALL DETERMINE THAT PORTION OF THE STATE DEPARTMENT'S BUDGET THAT IS USED IN THE MENTAL HEALTH CAPITATED SYSTEM AND CHILD WELFARE SYSTEM TO SERVE THE CHILDREN DESCRIBED IN THIS ARTICLE AND IDENTIFY SUCH FUNDS FOR THE CHILD MENTAL HEALTH TREATMENT PROGRAM ESTABLISHED BY THIS ARTICLE.

27­10.3­107.  Dispute resolution ­ rules. (1)  THE STATE DEPARTMENT SHALL UTILIZE, WHEN APPROPRIATE, ESTABLISHED GRIEVANCE AND DISPUTE RESOLUTION PROCESSES IN ORDER TO ASSURE THAT PARENTS HAVE ACCESS TO MENTAL HEALTH SERVICES ON BEHALF OF THEIR CHILDREN.

(2)  THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE RULES TO ASSURE THAT A GRIEVANCE PROCESS IS AVAILABLE TO PARENTS CONCERNING THE PROVISION OF MENTAL HEALTH SERVICES AND TO ASSURE THAT A DISPUTE RESOLUTION PROCESS IS AVAILABLE FOR DISPUTES BETWEEN THE COUNTY DEPARTMENTS AND MENTAL HEALTH AGENCIES.

27­10.3­108.  Repeal. THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2003.

SECTION 20  19­3­308, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

19­3­308.  Action upon report of intrafamilial, institutional, or third­party abuse ­ child protection team. (1.5) (a)  UPON REFERRAL TO THE COUNTY DEPARTMENT, THE COUNTY DEPARTMENT SHALL ASSESS THE POSSIBILITY OF ABUSE OR NEGLECT.

(b)  IF, DURING THE INVESTIGATION AND ASSESSMENT PROCESS, THE COUNTY DEPARTMENT DETERMINES THAT THE FAMILY'S ISSUES MAY BE ATTRIBUTABLE TO THE CHILD'S MENTAL HEALTH STATUS, RATHER THAN DEPENDENCY OR NEGLECT ISSUES, AND THAT MENTAL HEALTH TREATMENT SERVICES PURSUANT TO SECTION 27­10.3­104, C.R.S., MAY BE MORE APPROPRIATE, THE COUNTY DEPARTMENT SHALL CONTACT THE MENTAL HEALTH AGENCY, AS THAT TERM IS DEFINED IN SECTION 27­10.3­103 (4), C.R.S. WITHIN TEN DAYS AFTER THE COMMENCEMENT OF THE INVESTIGATION, THE COUNTY DEPARTMENT SHALL MEET WITH A REPRESENTATIVE FROM THE MENTAL HEALTH AGENCY AND THE FAMILY. THE COUNTY DEPARTMENT, IN CONJUNCTION WITH THE MENTAL HEALTH AGENCY, SHALL JOINTLY DETERMINE WHETHER MENTAL HEALTH SERVICES SHOULD BE PROVIDED PURSUANT TO SECTION 27­10.3­104, C.R.S., OR WHETHER THE PROVISION OF SERVICES THROUGH THE COUNTY DEPARTMENT IS MORE APPROPRIATE.

SECTION 30  Part 5 of article 4 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

26­4­509.5.  Child mental health treatment and family support program. (1)  THE GENERAL ASSEMBLY FINDS THAT MANY PARENTS IN COLORADO WHO HAVE EXPERIENCED CHALLENGING CIRCUMSTANCES BECAUSE THEIR CHILDREN HAVE SIGNIFICANT MENTAL HEALTH NEEDS AND WHO HAVE ATTEMPTED TO CARE FOR THEIR CHILDREN OR SEEK SERVICES ON THEIR BEHALF OFTEN ARE BURDENED WITH THE EXCESSIVE FINANCIAL AND PERSONAL COSTS OF PROVIDING SUCH CARE. PRIVATE INSURANCE COMPANIES MAY NOT COVER MENTAL HEALTH SERVICES AND RARELY COVER RESIDENTIAL MENTAL HEALTH TREATMENT SERVICES; THOSE THAT DO SELDOM COVER A SUFFICIENT PERCENTAGE OF THE EXPENSE TO MAKE SUCH MENTAL HEALTH TREATMENT A VIABLE OPTION FOR MANY FAMILIES IN NEED. THE RESULT IS THAT MANY FAMILIES DO NOT HAVE THE ABILITY TO OBTAIN THE MENTAL HEALTH SERVICES THAT THEY FEEL THEIR CHILDREN DESPERATELY NEED. THE GENERAL ASSEMBLY FINDS THAT IT IS IN THE BEST INTERESTS OF THESE FAMILIES AND THE CITIZENS OF THE STATE TO ENCOURAGE THE PRESERVATION OF FAMILY UNITS BY MAKING MENTAL HEALTH TREATMENT AVAILABLE TO THESE CHILDREN PURSUANT TO ARTICLE 10.3 OF TITLE 27, C.R.S.

(2)  IN ORDER TO MAKE MENTAL HEALTH TREATMENT AVAILABLE, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT EACH MEDICAID- ELIGIBLE CHILD WHO IS DIAGNOSED AS A MENTALLY ILL PERSON, AS THAT TERM IS DEFINED IN SECTION 27­10­102 (7), C.R.S., SHALL RECEIVE MENTAL HEALTH TREATMENT, WHICH MAY INCLUDE IN­HOME FAMILY MENTAL HEALTH TREATMENT, OTHER FAMILY PRESERVATION SERVICES, RESIDENTIAL TREATMENT, OR ANY POST­RESIDENTIAL FOLLOW­UP SERVICES, THAT SHALL BE PAID FOR THROUGH FEDERAL MEDICAID FUNDING.

SECTION 40  26­17­107.5, Colorado Revised Statutes, is amended to read:

26­17­107.5.  Eligibility. A person who otherwise meets the definition of "eligible person", as defined in section 26­17­103 (5), but has not been determined to be eligible under the medically indigent program established in article 15 of this title, shall be automatically eligible for the children's health plan if the person's family meets the income guidelines for eligibility for one or more of the following programs: The special supplemental food program for women, infants, and children (WIC), funded by the United States department of agriculture and administered by the state department of public health and environment; the reduced price meal program under the national school lunch and school breakfast programs, funded by the United States department of agriculture and administered by the state department of education; the child and adult care food program, funded by the United States department of agriculture and administered by the state department of public health and environment; the prenatal program, funded with local, state, and federal moneys and administered through the family planning and prenatal program of the state department of public health and environment; the commodity supplemental food program, funded by the United States department of agriculture and administered through the state department of human services; the emergency food assistance program, funded by the United States department of agriculture and administered by the state department of human services; and the program for children with disabilities, funded with local, state, and federal moneys and administered by the state department of public health and environment; AND THE CHILD MENTAL HEALTH TREATMENT PROGRAM FUNDED PURSUANT TO ARTICLE 10.3 OF TITLE 27, C.R.S., for children qualified up to one hundred eighty­five percent of the federal poverty level.

SECTION 5. Appropriation.  (1)  In addition to any other appropriation, there is hereby appropriated, to the department of health care policy and financing, for the fiscal year beginning July 1, 1999, the sum of five hundred fifty-three thousand eight hundred twenty-four dollars ($553,824), or so much thereof as may be necessary, for the implementation of this act. Of said sum, two hundred seventy-six thousand three hundred fifty-eight dollars ($276,358) shall be from the general fund, and two hundred seventy-seven thousand four hundred sixty-six dollars ($277,466) shall be from federal funds.

(2)  In addition to any other appropriation, there is hereby appropriated, to the department of human services, for the fiscal year beginning July 1, 1999, the sum of six hundred eighty-three thousand one hundred dollars ($683,100), or so much thereof as may be necessary, for the implementation of this act. Of said sum, one hundred twenty-nine thousand two hundred seventy-six dollars ($129,276) shall be from the general fund, and five hundred fifty-three thousand eight hundred twenty-four dollars ($553,824) shall be from cash funds exempt.

SECTION 6.  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.".

Page 1, line 102, strike "PLACEMENT." and substitute "PLACEMENT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".


HB99-1118 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, strike lines 15 through 18 and substitute the following:

"MATERIALS AND INFORMATION ABOUT SERVICES AND STRATEGIES FOR DETECTION AND TREATMENT TO PATIENTS AND THE GENERAL PUBLIC;".

Page 4, line 22, strike "STATE." and substitute "STATE, AS WELL AS CERTIFIED SUBSTANCE ABUSE COUNSELORS.".

Page 5, strike lines 11 through 26.

Page 6, strike line 1.

Reletter succeeding paragraphs accordingly.

Page 6, line 13, after "TRANSMISSION," insert "RISKS, CARE,", and strike "NATURAL HISTORY" and substitute "TREATMENT".

Page 7, line 7, strike "THE EDUCATION";

strike line 8;

line 9, strike "SUBSECTION (1) OF THIS SECTION, FOLLOWED BY";

line 12, strike "(b)" and substitute "(a)", and strike "CONCLUDING" and substitute "FOLLOWED BY";

line 13, strike "WITH";

line 14, strike "(c)" and substitute "(b)";

after line 14, insert the following:

"(3)  THE DEPARTMENT IS AUTHORIZED TO ENTER INTO CONTRACTS THAT ARE NECESSARY FOR THE IMPLEMENTATION AND OPERATION OF THE PROGRAM.".

Renumber succeeding subsection accordingly.

Page 7, after line 25, insert the following:

"SECTION 2.  Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public health and environment, for the fiscal year beginning July 1, 1999, the sum of four hundred fifty­three thousand two hundred seventy­two dollars ($453,272) and 2.3 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "HEPATITIS C." and substitute "HEPATITIS C, AND MAKING AN APPROPRIATION THEREFOR.".


HB99-1193 be postponed indefinitely.



JUDICIARY

After consideration on the merits, the Committee recommends the following:

HB99-1095 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 3 through 9 and substitute "possession of these drugs. The general assembly";

strike lines 11 through 26 and substitute the following:

"SECTION 2.  Article 13 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­13­123.  Unlawful use of gamma hydroxybutyrate (GHB) and ketamine. (1)  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY POSSESS GAMMA HYDROXYBUTYRATE (GHB) OR KETAMINE, OR THE IMMEDIATE CHEMICAL PRECURSORS OR CHEMICAL ANALOGS FOR EITHER OF SUCH SUBSTANCES.

(2)  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY PERSON TO MANUFACTURE, DISTRIBUTE, DISPENSE, SELL, OR POSSESS WITH INTENT TO MANUFACTURE, DISTRIBUTE, DISPENSE, OR SELL GAMMA HYDROXYBUTYRATE (GHB), OR KETAMINE, OR THE IMMEDIATE CHEMICAL PRECURSORS OR CHEMICAL ANALOGS FOR EITHER OF SUCH SUBSTANCES.

(3)  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY CAUSE OR ATTEMPT TO CAUSE ANY OTHER PERSON TO UNKNOWINGLY CONSUME OR RECEIVE THE DIRECT ADMINISTRATION OF GAMMA HYDROXYBUTYRATE (GHB) OR KETAMINE OR THE IMMEDIATE CHEMICAL PRECURSORS OR CHEMICAL ANALOGS FOR EITHER OF SUCH SUBSTANCES.

(4)  IT SHALL NOT BE A VIOLATION OF THIS SECTION IF EITHER GAMMA HYDROXYBUTYRATE (GHB) OR KETAMINE IS POSSESSED, MANUFACTURED, DISTRIBUTED, DISPENSED, OR SOLD FOR BONA FIDE MEDICAL NEEDS OR UNDER THE DIRECTION OF A PERSON LICENSED OR AUTHORIZED BY LAW TO PRESCRIBE, ADMINISTER, OR DISPENSE SUCH SUBSTANCES.

(5)  VIOLATION OF THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION IS A CLASS ONE MISDEMEANOR. VIOLATION OF THE PROVISIONS OF SUBSECTION (2) OR (3) OF THIS SECTION IS A CLASS 3 FELONY; EXCEPT THAT SUCH VIOLATION IS A CLASS 2 FELONY IF THE VIOLATION IS SUBSEQUENT TO A PRIOR CONVICTION FOR A VIOLATION OF SUBSECTION (2) OR (3) OF THIS SUBSECTION.

SECTION 3.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­128.  Appropriation to comply with section 2­2­703. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 99-1095, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY:

(a) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF DOLLARS ($).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($).

(b) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF DOLLARS ($).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($).

(c) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF DOLLARS ($).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($).

(d) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF DOLLARS ($).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($).

(e) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF DOLLARS ($).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($).".

Page 3, strike lines 1 through 9.

Page 1, line 102, strike "RAPE." and substitute "RAPE, AND MAKING AN APPROPRIATION THEREFOR.".


HB99-1162 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 7, strike lines 5 through 26.

Page 8, strike lines 1 through 16.

Renumber succeeding sections accordingly.


HB99-1168 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 9, strike line 17 and substitute the following:

"and ketamine. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY POSSESS GAMMA­HYDROXY BUTYRATE (GHB) OR KETAMINE, OR THE IMMEDIATE CHEMICAL PRECURSORS OR CHEMICAL ANALOGS FOR EITHER OF SUCH SUBSTANCES.

(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY PERSON TO";

line 18, strike "SELL, OR POSSESS" and substitute "OR SELL";

strike line 23 and substitute the following:

"(3) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY";

line 24, after "CAUSE", insert "OR ATTEMPT TO CAUSE";

strike line 26 and substitute the following:

"KETAMINE.

(4) IT SHALL NOT BE A VIOLATION OF THIS SECTION IF EITHER GAMMA­HYDROXY BUTYRATE (GHB) OR KETAMINE IS POSSESSED, MANUFACTURED, DISTRIBUTED, DISPENSED, OR SOLD FOR BONA".

Page 10, strike line 1;

strike line 5 and substitute the following:

"(5) VIOLATION OF THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION IS A CLASS 1 MISDEMEANOR. VIOLATION OF THE PROVISIONS OF SUBSECTION (2) OR (3) OF THIS SECTION IS A CLASS 3";

line 19, strike "SECTION 18-13-123." and substitute "SECTION 18-13-123 (2) AND (3).";

strike lines 20 through 26.

Renumber succeeding sections accordingly.

Page 11, strike line 1.

Page 14, line 14, strike "salts:" and substitute "salts AND ISOMERS:";

strike line 15 and substitute the following:

"(I)  MODAFINIL;

(II)  Pentazocine;";

line 16, strike "(II)" and substitute "(III)";

line 17, strike "(III)" and substitute "(IV)".

Page 16, line 2, strike "CLASS 4" and substitute "CLASS 6".



LOCAL GOVERNMENT

After consideration on the merits, the Committee recommends the following:

HB99-1192 be referred to the Committee of the Whole with favorable recommendation.

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PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed: HB99-1311.

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MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR99-1010 .

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INTRODUCTION OF BILLS

First Reading

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

SB99-006 by Senator Wham; also Representative Tool--Concerning payments for continuing care.

Committee on Health, Environment, Welfare, & Institutions

SB99-010 by Senator Weddig; also Representative Lawrence--Concerning persons authorized to perform physical examinations for applicants to the aid to the needy disabled program.

Committee on Health, Environment, Welfare, & Institutions

SB99-015 by Senator Phillips; also Representative Witwer--Concerning authorization for a county to finance the acquisition of real property for public recreational use by entering into a lease purchase agreement.

Committee on Local Government

SB99-022 by Senator Wham; also Representative Tool--Concerning coverage under a health benefit plan of health care services related to a woman's reproductive system provided by participating physicians who routinely practice women's reproductive system health care.

Committee on Health, Environment, Welfare, & Institutions

SB99-024 by Senator Epps; also Representative Decker--Concerning the taxing authority of a school district that is also a special district to support public recreational facilities.

Committee on Local Government

SB99-028 by Senator Nichol; also Representative Kaufman--Concerning a reduction in the percentage of votes cast for the winning candidate in certain elections by which a candidate loses that necessitates an automatic recount of the votes cast.

Committee on State, Veterans, & Military Affairs

SB98-085 by Senator Wham; also Representative Kaufman--Concerning the continuation of the division of Colorado civil rights in the department of regulatory agencies.

Committee on Business Affairs and Labor.

SB99-101 by Senator Evans; also Representative Young--Concerning the addition of the power to grant conservation easements to the powers available to a fiduciary under the "Colorado Fiduciaries' Powers Act".

Committee on Agriculture, Livestock, & Natural Resources

SB99-113 by Senator Wattenberg; also Representative Lawrence--Concerning modifications to the responsibilities of the Colorado civil rights commission, and, in connection therewith, authorizing the Colorado civil rights commission to mediate disputes and making Colorado discrimination laws concerning housing for older persons equivalent to federal law.

Committee on Business Affairs & Labor

SB99-122 by Senator Chlouber; also Representative Young--Concerning the "Colorado Seed Act", and, in connection therewith, continuing the registration function of the commissioner of agriculture under such act.

Committee on Agriculture, Livestock, & Natural Resources

SB99-135 by Senators Teck, Chlouber; also Representatives Hoppe, Taylor--Concerning the repeal of the advisory committee to the commissioner of insurance on continuing education requirements for certain persons licensed by the division of insurance.

Committee on Business Affairs & Labor

SB99-136 by Senators Dennis, Hernandez, Hillman, Phillips; also Representative Young-Concerning the continuation of the Colorado natural areas council.

Committee on Agriculture, Livestock, & Natural Resources

SB99-139 by Senators Pascoe, Andrews, Arnold; also Representative Allen--Concerning the termination of the law-related education advisory board.

Committee on Education

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INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read at length and given immediate consideration:

HR99-1009 by Representative Chavez--Concerning the recognition of the actors, technicians, managers, and volunteers of the Denver Center Theatre Company.

WHEREAS, The Denver Center Theatre Company is the resident live production division of the Denver Center for the Performing Arts; and

WHEREAS, The Denver Center Theatre Company is the major resident professional theatre ensemble in the Rocky Mountain Region; and

WHEREAS, The Denver Center Theatre Company is now in its twentieth season and has performed for over four million patrons; and

WHEREAS, The Denver Center Theatre Company has pioneered world premiere productions that reflect the artistic wealth and diversity of the Rocky Mountain West, including: Quilters; The Immigrant; Lost Highway; Cuentos; Black Elk Speaks; It Ain't Nothin' But the Blues; and many more; and

WHEREAS, The Denver Center Theatre Company has been hailed by national news magazines as "The Crown Jewel of the Rockies"; and

WHEREAS, The Denver Center Theatre Company provides career employment for over two hundred practicing theatre professionals; and

WHEREAS, The Denver Center Theatre Company is home to the National Theatre Conservatory, the only congressionally chartered institute of post­graduate theatre education in the United States; and

WHEREAS, The Denver Center Theatre Company provides an unequaled variety of regional community outreach and educational enrichment programs; and

WHEREAS, The Denver Center Theatre Company, through the Denver Center Theatre Academy, provides theatre training opportunities to persons of all ages, from two­and­a­half­year­old "tots", to high school and college students, to senior citizens; and

WHEREAS, The state of Colorado provides support for the programs run by The Denver Center Theatre Company through the Colorado Council on the Arts; and

WHEREAS, The Denver Center Theatre Company has been honored as the recipient of the 1998 Tony Award for Outstanding Regional Theatre; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado:

That the members of the House of Representatives recognize and congratulate the actors, technicians, managers, and volunteers of the Denver Center Theatre Company for their accomplishments and their contributions to the people of Colorado and the Rocky Mountain Region.

Be It Further Resolved, That a copy of this Resolution be sent to the Denver Center Theatre Company.

On motion of Representative Dean, the rules were suspended and the resolution given immediate consideration.

On motion of Representative Chavez the resolution was read at length and adopted by viva voce vote.

Co-sponsors added: Roll call of the House.

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On motion of Representative Dean, the House adjourned until 8:45 a.m., February 5, 1999.

Approved:


RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk