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.
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.
______________
PRINTING REPORT
The Chief Clerk reports the following bill has been correctly printed: HB99-1311.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has adopted and returns herewith: HJR99-1010 .
______________
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
______________
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.
_______________
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