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
Forty-third
Legislative Day Wednesday, February 17, 1999
Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ
Congregation, Denver.
The Speaker Pro Tempore called the House to order
at 9:00 a.m.
The roll was called with the following result:
Present--64.
Absent and excused--Representative Tate--1.
Present after roll call--Representative Tate.
The Speaker Pro Tempore declared a quorum present.
_______________
On motion of Representative King, the reading of the journal of February 16, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee
recommends the following:
HB99-1286 be postponed
indefinitely.
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB99-1200 be postponed
indefinitely.
HB99-1232 be postponed
indefinitely.
HB99-1252 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 6, after line 20, insert the following:
"SECTION 3. 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 military affairs, for the fiscal year beginning
July 1, 1999, the sum of eight hundred forty thousand dollars
($840,000), or so much thereof as may be necessary, for the implementation
of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "PROGRAM." and
substitute "PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.".
HB99-1257 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 4, line 14, strike "CURRICULUM
REPLACEMENT UNITS" and substitute "INSTRUCTIONAL STRATEGIES".
Page 5, after line 6, insert the following:
"(5) NOTWITHSTANDING THE PROVISIONS
OF SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL ONLY IMPLEMENT
THE FACILITATOR TRAINING PROGRAM IF IT RECEIVES FEDERAL MONEYS
FOR SUCH PURPOSE PURSUANT TO SECTION 227607 (2).";
line 25, strike "REPLACEMENT CURRICULUM"
and substitute "INSTRUCTIONAL STRATEGIES".
Page 6, after line 16, insert the following:
"(5) NOTWITHSTANDING ANY PROVISIONS
OF THIS SECTION TO THE CONTRARY, THE DEPARTMENT AND THE STATE
BOARD SHALL ONLY IMPLEMENT THE PROGRAM FOR TEACHER DEVELOPMENT
IN STANDARDSBASED EDUCATION IF THE DEPARTMENT RECEIVES FEDERAL
MONEYS FOR SUCH PURPOSE PURSUANT TO SECTION 227607
(2).".
Page 8, after line 17, insert the following:
"(4) NOTWITHSTANDING ANY PROVISIONS
OF THIS SECTION TO THE CONTRARY, THE PROVISIONS OF THIS SECTION
SHALL ONLY BE IMPLEMENTED IF THE DEPARTMENT RECEIVES FEDERAL MONEYS
FOR SUCH PURPOSE PURSUANT TO SECTION 227607 (2).".
Page 9, after line 22, 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 education, for the fiscal year beginning
July 1, 1999, the sum of one hundred seventy-five thousand dollars
($175,000), or so much thereof as may be necessary, for the implementation
of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "EDUCATION." and
substitute "EDUCATION, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.".
HB99-1289 be referred
to the Committee of the Whole with favorable recommendation.
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
HB99-1294 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend printed bill, page 2, line 9, strike "DISTRICT"
and substitute "BOARD";
line 10, strike "THE PETITION SHALL, IN";
strike lines 11 through 14;
line 15, strike "STADIUM DISTRICT.".
Page 3, line 2, strike "DISTRICT. THE PETITION
SHALL," and substitute "BOARD.";
strike lines 3 through 6;
line 7, strike "STADIUM DISTRICT.";
line 16, strike "BOARD OF COUNTY COMMISSIONERS
OF" and substitute "BOARD. THE PETITION SHALL CONTAIN
A LEGAL DESCRIPTION OF THE AREA; AND";
strike line 17;
line 18, strike "OF COUNTY COMMISSIONERS OF
EACH COUNTY IN";
line 19, strike "WHICH THE PROPERTY IS LOCATED".
Page 4, line 4, strike "GOVERNING BODY OF THE
MUNICIPALITY IN WHICH THE" and substitute "BOARD. THE
PETITION SHALL CONTAIN A LEGAL DESCRIPTION OF THE AREA TO BE INCLUDED
IN THE DISTRICT; AND";
strike line 5;
line 6, strike "GOVERNING BODY OF THE MUNICIPALITY"
and substitute "BOARD";
strike lines 17 through 26.
Page 5, strike line 1 and substitute the following:
"(3) (a) A PETITION SUBMITTED TO
THE VOTERS PURSUANT TO THIS SECTION SHALL BE FILED WITH THE BOARD
AT LEAST ONE HUNDRED TWENTY DAYS BEFORE THE ELECTION AT WHICH
THE PETITION IS SUBMITTED TO A VOTE. UPON RECEIVING SUCH PETITION,
THE BOARD SHALL DESIGNATE AN ELECTION OFFICIAL TO CONDUCT THE
ELECTION AND PROVIDE A COPY OF THE PETITION TO SUCH OFFICIAL.
UPON DECLARING THE PETITION SUFFICIENT, THE BOARD SHALL SUBMIT
THE PETITION TO THE COORDINATED ELECTION OFFICIAL IN ACCORDANCE
WITH SECTION 17116, C.R.S., AND THE COORDINATED ELECTION
OFFICIAL SHALL CONDUCT THE ELECTION.";
line 5, strike "DISTRICT, THE DENVER"and
substitute "DISTRICT.";
strike lines 6 through 8;
line 9, strike "QUESTIONS:" and substitute
"QUESTION:";
strike lines 11 through 17 and substitute the following:
"REGIONAL TRANSPORTATION DISTRICT?"";
line 20, after the period, add "THE ELECTION
SHALL BE RUN BY THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY
CONTAINING THE AREA SEEKING INCLUSION IN THE DISTRICT. A PETITION
SHALL BE SUBMITTED TO A VOTE PURSUANT TO THIS SECTION ONLY AT
A STATE GENERAL ELECTION OR, IF THE BOARD SO DETERMINES, AT A
SPECIAL ELECTION HELD ON THE FIRST TUESDAY IN NOVEMBER OF AN ODDNUMBERED
YEAR. THE DISTRICT SHALL PAY FOR ALL COSTS ASSOCIATED WITH THE
ELECTION.";
line 21, strike "GOVERNING BODY OF THE MUNICIPALITY
OR THE BOARD OF" and substitute "BOARD";
line 22, strike "COUNTY COMMISSIONERS".
Page 7, line 4, strike "and
329106.6, AND" and substitute "and 329106.6";
line 5, strike "329106.7";
line 6, after the period, add "EXCEPT AS OTHERWISE
PROVIDED BY LAW, THE AREA SHALL NOT INCLUDE AREAS INCLUDED IN
THE REGIONAL TRANSPORTATION DISTRICT PURSUANT TO SECTION 329106.7.";
line 15, strike "and
329106.6, AND" and substitute "and 329106.6";
line 16, strike "329106.7";
line 17, after the period, add "EXCEPT AS OTHERWISE
PROVIDED BY LAW, THE AREA SHALL NOT INCLUDE AREAS INCLUDED IN
THE REGIONAL TRANSPORTATION DISTRICT PURSUANT TO SECTION 329106.7.".
Page 8, line 1, strike "and
329106.6, AND" and substitute "and 329106.6";
line 2, strike "329106.7";
line 3, after the period, add "EXCEPT AS OTHERWISE
PROVIDED BY LAW, THE AREA SHALL NOT INCLUDE AREAS INCLUDED IN
THE REGIONAL TRANSPORTATION DISTRICT PURSUANT TO SECTION 329106.7.".
SB99-005 be referred
to the Committee of the Whole with favorable recommendation.
SB99-032 be referred
to the Committee of the Whole with favorable recommendation.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB99-1312 be referred to the Committee on Appropriations with favorable recommendation.
______________
DELIVERY OF BILL TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB99-1043 at 10:50 a.m. on February 16, 1999.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes: SB99-175, 176, 177, 179, 180, 181,
182, 183, 184, 185, 186, 187, 189, 190, 191, 192, 193, 194, 195,
196;
SB99-178, amended as printed in Senate Journal, February 15, page 270;
SB99-188, amended as printed in Senate Journal, February 15, page 271;
SB99-197, amended as printed in Senate Journal, February 15, page 271.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, SB99-175, 176,
177, 179, 180, 181, 182, 183, 184, 185, 186, 187, 189, 190, 191,
192, 193, 194, 195, and 196; and, without comment, as amended,
SB99-178, 188, and 197.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1315 by Representative Sinclair; also Senators Dyer, Musgrave--Concerning authorization for individual taxpayers to make voluntary contributions on state individual income tax return forms for the national world war II memorial.
Committee on Finance
SB99-052 by Senator Congrove; also Representative King--Concerning charter schools, and, in connection therewith, authorizing on-line educational programs, modifying deadlines and procedures for charter school applications, and specifying membership on review committees for charter school applications.
Committee on Education
SB99-094 by Senator Feeley; also Representative Gagliardi--Concerning fiscal data accumulated by government entities in the state.
Committee on Finance
SB99-114 by Senators Phillips, Dyer, Feeley, Lamborn, Owen, Powers; also Representatives Mitchell, Berry, Chavez, Veiga, T.Williams, Witwer--Concerning the payment for health benefits plans with pre-tax dollars for small employers.
Committee on Health, Environment, Welfare, &
Institutions
SB99-123 by Senator Teck; also Representatives Lee, McElhany--Concerning the payment of insurance claims to third persons holding assignments from insureds under the personal injury protection portion of no fault auto insurance policies.
Committee on Business Affairs & Labor
SB99-137 by Senator Evans; also Representative Alexander--Concerning the authority of licensed pet animal facilities over animals in their care.
Committee on Agriculture, Livestock, & Natural
Resources
SB99-175 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of agriculture.
Committee on Appropriations
SB99-176 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of corrections.
Committee on Appropriations
SB99-177 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of education.
Committee on Appropriations
SB99-178 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the offices of the governor, lt. governor, and state planning and budgeting.
Committee on Appropriations
SB99-179 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of health care policy and finance.
Committee on Appropriations
SB99-180 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of human services.
Committee on Appropriations
SB99-181 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the judicial department.
Committee on Appropriations
SB99-182 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of labor and employment.
Committee on Appropriations
SB99-183 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of law.
Committee on Appropriations
SB99-184 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the legislative department.
Committee on Appropriations
SB99-185 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of Local Affairs.
Committee on Appropriations
SB99-186 by Senators Lacy, Tanner, Owen; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of military affairs.
Committee on Appropriations
SB99-187 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of natural resources.
Committee on Appropriations
SB99-188 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of personnel.
Committee on Appropriations
SB99-189 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of public health and environment.
Committee on Appropriations
SB99-190 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of public safety.
Committee on Appropriations
SB99-191 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of regulatory agencies.
Committee on Appropriations
SB99-192 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of revenue.
Committee on Appropriations
SB99-193 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of state.
Committee on Appropriations
SB99-194 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of transportation.
Committee on Appropriations
SB99-195 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning a supplemental appropriation to the department of the treasury.
Committee on Appropriations
SB99-196 by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman--Concerning supplemental appropriations to capital construction.
Committee on Appropriations
SB99-197 by Senators Blickensderfer, Powers, Feeley; also Representatives Dean, George, Gordon--Concerning the payment of expenses of the legislative department, and making an appropriation in connection therewith.
Committee on Appropriations
_______________
APPOINTMENT
Due to the resignation of Representative Pfiffner from the Legislative Audit Committee, the Speaker announced the appointment of Representative Young to the Legislative Audit Committee.
______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of General Orders (HB99-1233, 1199, 1163, 1206, 1204, 1244, 1285, 1274, 1288, 1251, 1275, 1213, 1215, 1217, 1269, 1218, 1247, 1265, 1268, 1284, 1216, SB99-002, HB99-1267, 1004, 1174, 1231, 1295, 1301, SB99-031, HB99-1242, 1261, 1277, 1279, 1212, 1220, 1256, 1250) was laid over until February 18, retaining place on Calendar.
_______________
House in recess. House reconvened.
_______________
REPORTS OF COMMITTEE OF REFERENCE
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB99-1226 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1234 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, strike line 25 and substitute the following:
"OR TERMINATING,".
Page 3, line 1, strike "HEALTH INSURANCE"
and substitute "HEALTH INSURANCE, HOMEOWNER'S OR RENTER'S
INSURANCE,";
line 4, strike "BENEFICIARY." and substitute
"BENEFICIARY, AND REQUIRING EACH PARTY TO PROVIDE AT LEAST
FOURTEEN DAYS ADVANCE NOTIFICATION TO THE OTHER PARTY OF ANY SUCH
POLICY THAT WILL LAPSE FOR NONPAYMENT OF PREMIUMS AFTER THE INJUNCTION
IS IN EFFECT.".
HB99-1235 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, strike every thing below the
enacting clause, and substitute the following:
"SECTION 1. 1611204.3
(1) and (3), Colorado Revised Statutes, are amended to read:
1611204.3. Genetic testing
as a condition of probation. (1) (a) A
condition of probation for any offender convicted of an offense
involving unlawful sexual behavior or for which the factual basis
involved an offense involving unlawful sexual behavior shall be
that the offender submit to and pay for a chemical testing of
the offender's blood to determine the genetic markers thereof.
(b) THE OFFENDER SHALL SUBMIT TO AND PAY
FOR A CHEMICAL TESTING OF THE OFFENDER'S BLOOD TO DETERMINE THE
GENETIC MARKERS THEREOF AS A CONDITION OF PROBATION FOR THE CONVICTION
OF ANY OF THE FOLLOWING OFFENSES OCCURRING ON OR AFTER JULY 1,
1999:
(I) A CRIME OF VIOLENCE, AS DEFINED IN
1611309 (2);
(II) SECOND DEGREE MURDER, IN VIOLATION
OF SECTION 183103 (1), C.R.S.;
(III) FIRST DEGREE ASSAULT, IN VIOLATION
OF SECTION 183202 (1), C.R.S.;
(IV) SECOND DEGREE ASSAULT, IN VIOLATION
OF SECTION 183203 (1) (b), (1) (c), (1) (d), (1) (g),
OR (2) (b.5), C.R.S.;
(V) SECOND DEGREE KIDNAPPING, IN VIOLATION
OF SECTION 183302 (4), C.R.S.;
(VI) FIRST DEGREE ARSON, IN VIOLATION
OF SECTION 184102 (3), C.R.S.;
(VII) BURGLARY IN THE FIRST, SECOND, OR
THIRD DEGREE, IN VIOLATION OF SECTION 184202, 184203,
OR 184204, C.R.S.; OR
(VIII) AGGRAVATED ROBBERY, IN VIOLATION
OF SECTION 184302 (4), C.R.S.
(c) Collection of the blood sample shall
occur within ninety days after being placed on probation, and
the results thereof shall be filed and maintained by the Colorado
bureau of investigation. The results of such tests shall be furnished
to any law enforcement agency upon request.
(3) Any moneys received from offenders
pursuant to PARAGRAPH (a) OF subsection (1) of this section shall
be deposited in the sex offender identification fund created in
section 2433.5415.5, C.R.S. ANY MONEYS RECEIVED FROM
OFFENDERS PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS
SECTION SHALL BE DEPOSITED IN THE VIOLENT OFFENDER IDENTIFICATION
FUND ESTABLISHED IN SECTION 2433.5415.6, C.R.S.
SECTION 2. 172201 (5), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
172201. State board of
parole. (5) (h) (I) AS
A CONDITION OF PAROLE, THE BOARD MAY REQUIRE ANY PERSON FOUND
GUILTY OF A SEXUAL OFFENSE UNDER THE DEPARTMENT'S CODE OF PENAL
DISCIPLINE TO SUBMIT TO A TESTING OF THE PERSON'S BLOOD TO DETERMINE
THE GENETIC MARKERS THEREOF AND TO CHEMICAL TESTING OF HIS OR
HER SALIVA TO DETERMINE THE SECRETOR STATUS THEREOF.
(II) IF SUCH TESTING IS REQUIRED, IT SHALL
OCCUR PRIOR TO THE OFFENDER'S RELEASE FROM INCARCERATION, AND
THE RESULTS THEREOF SHALL BE FILED WITH AND MAINTAINED BY THE
COLORADO BUREAU OF INVESTIGATION. THE RESULTS OF SUCH TEST SHALL
BE FURNISHED TO ANY LAW ENFORCEMENT AGENCY UPON REQUEST.
(III) THE PROVISIONS OF THIS PARAGRAPH
(h) SHALL APPLY TO ANY PERSON WHO IS SO ADJUDICATED FOR AN ACT
COMMITTED ON OR AFTER JULY 1, 1999.
(i) (I) THE OFFENDER SHALL SUBMIT
TO CHEMICAL TESTING OF HIS OR HER BLOOD TO DETERMINE THE GENETIC
MARKERS THEREOF AND TO CHEMICAL TESTING OF HIS OR HER SALIVA TO
DETERMINE THE SECRETOR STATUS THEREOF AS A CONDITION OF PAROLE
FOR CONVICTION OF ANY OF THE FOLLOWING OFFENSES:
(A) A CRIME OF VIOLENCE, AS DEFINED IN
1611309 (2), C.R.S.;
(B) SECOND DEGREE MURDER, IN VIOLATION
OF SECTION 183103 (1), C.R.S.;
(C) FIRST DEGREE ASSAULT, IN VIOLATION
OF SECTION 183202 (1), C.R.S.;
(D) SECOND DEGREE ASSAULT, IN VIOLATION
OF SECTION 183203 (1) (b), (1) (c), (1) (d), (1) (g),
OR (2) (b.5), C.R.S.;
(E) SECOND DEGREE KIDNAPPING, IN VIOLATION
OF SECTION 183302 (4), C.R.S.;
(F) FIRST DEGREE ARSON, IN VIOLATION OF
SECTION 184102 (3), C.R.S.;
(G) BURGLARY IN THE FIRST, SECOND, OR
THIRD DEGREE, IN VIOLATION OF SECTION 184202, 184203,
OR 184204, C.R.S.; OR
(H) AGGRAVATED ROBBERY, IN VIOLATION OF
SECTION 184302 (4), C.R.S.
(II) SUCH TESTING SHALL OCCUR PRIOR TO
THE OFFENDER'S RELEASE FROM INCARCERATION, AND THE RESULTS THEREOF
SHALL BE FILED WITH AND MAINTAINED BY THE COLORADO BUREAU OF INVESTIGATION.
THE RESULTS OF SUCH TESTS SHALL BE FURNISHED TO ANY LAW ENFORCEMENT
AGENCY UPON REQUEST.
(III) THE PROVISIONS OF THIS PARAGRAPH
(i) SHALL APPLY TO ANY PERSON WHO IS CONVICTED OF AN OFFENSE COMMITTED
ON OR AFTER JULY 1, 1999.
SECTION 3. Part
4 of article 33.5 of title 24, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
2433.5415.6. Violent offender
identification fund. THERE IS
HEREBY CREATED IN THE STATE TREASURY THE VIOLENT OFFENDER IDENTIFICATION
FUND, REFERRED TO IN THIS SECTION AS THE "FUND". MONEYS
IN THE FUND SHALL CONSIST OF PAYMENTS FOR GENETIC TESTING RECEIVED
FROM OFFENDERS PURSUANT TO SECTION 1611204.3 (1) (b),
C.R.S. SUBJECT TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY,
THE EXECUTIVE DIRECTOR AND THE STATE COURT ADMINISTRATOR ARE AUTHORIZED
TO EXPEND MONEYS IN THE FUND TO PAY FOR GENETIC TESTING OF OFFENDERS
PURSUANT TO SECTION 1611204.3 (1) (b), C.R.S. AT
THE END OF ANY FISCAL YEAR, ALL UNEXPENDED AND UNENCUMBERED MONEYS
IN THE FUND SHALL REMAIN THEREIN AND SHALL NOT BE CREDITED OR
TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND.
SECTION 4. 2433.5415.5,
Colorado Revised Statutes, is amended to read:
2433.5415.5. Sex offender
identification fund. There is
hereby created in the state treasury the sex offender identification
fund, referred to in this section as the "fund". Moneys
in the fund shall consist of payments for genetic testing received
from offenders pursuant to section 1611204.3
1611204.3 (1) (a), C.R.S. The fund shall also include
any additional moneys that may be appropriated thereto by the
general assembly to fund the costs incurred in genetic testing
of sex offenders. Subject to annual appropriations by the general
assembly, the executive director and the state court administrator
are authorized to expend moneys in the fund to pay for genetic
testing of offenders pursuant to section 1611204.3
1611204.3 (1) (a), C.R.S. At the end of any fiscal
year, all unexpended and unencumbered moneys in the fund shall
remain therein and shall not be credited or transferred to the
general fund or any other fund.
SECTION 5. Appropriation. (1) In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the violent offender identification cash
created in section 24-33.5-415.5, Colorado Revised Statutes, not
otherwise appropriated, to the judicial department, for the fiscal
year beginning July 1, 1999, the sum of twenty-five thousand one
hundred fifty dollars ($25,150), or so much thereof as may be
necessary, for the implementation of this act.
(2) 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 safety,
for the fiscal year beginning July 1, 1999, the sum of four hundred
thousand seven hundred thirty-three dollars ($400,733) and 2.0
FTE, or so much thereof as may be necessary, for the implementation
of this act.
SECTION 6. Effective
date applicability. This act shall take
effect July 1, 1999, and shall apply to offenses committed on
or after said date.
SECTION 7. 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 101, strike "OFFENSES." and
substitute "OFFENSES, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.".
HB99-1243 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 5, strike "COMMISSIONER"
and substitute "COMMISSIONER, WHICH SHALL BE LOCATED WITHIN
THE ZIP CODE OF THE INJURED PARTY,";
line 7, after the period, insert the following:
"IF THE OFFICES OF LESS THAN FIVE REGISTERED
HEALTH CARE PRACTITIONERS ARE LOCATED WITHIN SUCH ZIP CODE, THEN
THOSE REGISTERED PRACTITIONERS LOCATED WITHIN A FIFTY MILE RADIUS
OF THE ZIP CODE OF THE INJURED PARTY SHALL BE CONSIDERED FOR THE
PIP REVIEW PANEL. THE RADIUS SHALL CONTINUE TO BE EXPANDED UNTIL
THE OFFICES OF FIVE REGISTERED HEALTH CARE PRACTITIONERS ARE LOCATED
WITHIN A GIVEN RADIUS OF THE INJURED PARTY.".
HB99-1245 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 24, after line 15, insert
the following:
"SECTION 35. 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 regulatory agencies, for the fiscal year
beginning July 1, 1999, the sum of twenty-two thousand five hundred
sixty-nine dollars ($22,569) and 0.5 FTE, or so much thereof as
may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "ORIENTATION."
and substitute "ORIENTATION, AND MAKING AN APPROPRIATION
IN CONNECTION THEREWITH.".
HB99-1253 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 1, after "IN",
insert "GOOD FAITH AND IN".
HB99-1260 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 4, strike lines 23 through
26.
Page 5, line 1, strike "JULY";
line 4, after "STATE", insert "OR
JURISDICTION".
Page 12, strike line 2 and substitute the following:
"(2) AT THE TIME A PRESENTENCE INVESTIGATION
REPORT IS ORDERED FOR A DEFENDANT WHO IS CONVICTED OF ONE OF";
line 4, after "SECTION,", insert "THE
COURT SHALL ALSO ORDER THAT THE SEXUALLY VIOLENT PREDATOR RISK
ASSESSMENT BE CONDUCTED. BASED ON THE RESULTS OF SUCH ASSESSMENT,";
after line 8, insert the following:
"(3) WHEN CONSIDERING RELEASE ON
PAROLE FOR AN OFFENDER WHO WAS CONVICTED OF ONE OF THE OFFENSES
SPECIFIED IN SUBPARAGRAPH (II) OF PARAGRAPH (a) OF SUBSECTION
(1) OF THIS SECTION, THE PAROLE BOARD SHALL MAKE SPECIFIC FINDINGS
CONCERNING WHETHER THE OFFENDER IS A SEXUALLY VIOLENT PREDATOR,
BASED ON THE RESULTS OF A SEXUALLY VIOLENT PREDATOR ASSESSMENT
CONDUCTED BY THE DEPARTMENT OF CORRECTIONS. IF THE PAROLE BOARD
FINDS THAT THE OFFENDER IS A SEXUALLY VIOLENT PREDATOR, THE OFFENDER
SHALL BE REQUIRED TO REGISTER PURSUANT TO SECTION 183412.5
(3.5).".
Page 14, line 6, strike "PROVIDING" and
substitute "KNOWINGLY PROVIDING".
Page 17, strike line 18 and substitute the following:
"LOCAL LAW ENFORCEMENT AGENCY SHALL NOTIFY THE";
after line 23, insert the following:
"(4) THE DEPARTMENT, THE PAROLE BOARD,
AND ANY PERSON EMPLOYED BY THE DEPARTMENT OR THE PAROLE BOARD
SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION COMMITTED IN IMPLEMENTING
THE PROVISIONS OF THIS PART 9 SO LONG AS THE ACT OR OMISSION IS
NOT GROSSLY NEGLIGENT OR COMMITTED WILLFULLY AND WANTONLY.".
Page 20, after line 5, insert the following:
"SECTION 17. 183412
(1), Colorado Revised Statutes, is amended to read:
183412. Habitual sex offenders
against children indictment or information verdict
of the jury. (1) For the purpose
of this section, "unlawful sexual offense" means sexual
assault in the first degree, as defined in section 183402,
when the victim at the time of the commission of the act is a
child less than fifteen years of age; sexual assault in the second
degree, as defined in section 183403 (1) (a), (1)
(b), (1) (c), (1) (d), (1) (g), or (1) (h), when the victim at
the time of the commission of the act is a child less than fifteen
years of age, or as defined in section 183403 (1)
(e), when the victim is less than fifteen years of age and the
actor is at least four years older than the victim; or
as defined in section 183403 (1) (f), when the victim
is less than eighteen years of age and the actor is the victim's
guardian or is responsible for the general supervision of the
victim's welfare; sexual assault
in the third degree, as defined in section 183404
(1) (a), (1) (b), (1) (c), (1) (d), (1) (f), or (1) (g), when
the victim at the time of the commission of the act is a child
less than fifteen years of age; or
as defined in section 183404 (1) (e), when the victim
is less than eighteen years of age and the actor is the victim's
guardian or is otherwise responsible for the general supervision
of the victim's welfare; sexual assault
on a child, as defined in section 183405; SEXUAL ASSAULT
ON A CHILD BY ONE IN A POSITION OF TRUST, AS DEFINED IN SECTION
183405.3; aggravated incest, as defined in section
186302; trafficking in children, as defined in section
186402; sexual exploitation of a child, as defined
in section 186403; procurement of a child for sexual
exploitation, as defined in section 186404; soliciting
for child prostitution, as defined in section 187402;
pandering of a child, as defined in section 187403
procurement of a child, as defined in section 187403.5;
keeping a place of child prostitution, as defined in section 187404;
pimping of a child, as defined in section 187405;
inducement of child prostitution, as defined in section 187405.5;
patronizing a prostituted child, as defined in section 187406;
or criminal attempt, conspiracy, or solicitation to commit any
of the acts specified in this subsection (1).
SECTION 18. 183412.5
(3) (d), (6.5) (b), (6.5) (c), (7) (a) (II), and (7) (a) (III),
Colorado Revised Statutes, are amended to read:
183412.5. Sex offenders
duty to register penalties.
(3) (d) Upon moving to a new jurisdiction WITHIN
THIS STATE OR TO ANOTHER STATE, any person who is required to
register pursuant to subsection (1) of this section shall notify
the local law enforcement agency of the jurisdiction from which
the person moved by completing a written form of change of residency,
available from the local law enforcement agency. At a minimum,
the change of residency form shall indicate the person's previous
residential address and the person's new residential address.
The person shall file the change of residency form within seven
days after moving to a new jurisdiction. IF THE PERSON MOVES
TO ANOTHER STATE, THE LOCAL LAW ENFORCEMENT AGENCY OF THE JURISDICTION
IN THIS STATE FROM WHICH THE PERSON MOVED SHALL PROMPTLY NOTIFY
THE AGENCY RESPONSIBLE FOR REGISTRATION IN THE NEW STATE.
(6.5) (b) When necessary for public
protection, a local law enforcement agency may
SHALL release information regarding any person registered with
the local law enforcement agency pursuant to this section to any
person residing within the local law enforcement agency's jurisdiction.
Any person requesting information pursuant to this paragraph
(b) shall show proper identification or other proof of residence.
(c) A local law enforcement agency may
SHALL release information regarding any person registered with
the local law enforcement agency pursuant to this section to any
person living outside the local law enforcement agency's jurisdiction
when necessary for public protection and upon request and demonstration
of a need to know. In determining whether the person has demonstrated
a need to know, the local law enforcement agency shall, at a minimum,
consider the nature and extent of the person's presence or the
presence of the person's immediate family in the local law enforcement
agency's jurisdiction. For purposes of this subsection (6.5),
"immediate family" includes the person's spouse and
the person's parent, grandparent, sibling, or child.
(7) (a) Any person required to register
pursuant to subsection (1) or (3.5) of this section may petition
the district court for an order that discontinues the requirement
for such registration as follows:
(II) Except as otherwise provided in subparagraphs
(IV) and (V) of this paragraph (a), if the offense that required
such person to register constituted or would constitute a class
4, 5, or 6 felony OR THE CLASS 1 MISDEMEANOR OF SEXUAL ASSAULT
IN THE THIRD DEGREE AS DESCRIBED IN SECTION 183404,
after a period of ten years from the date of such person's final
release from the jurisdiction of the court for such offense, if
such person has not subsequently been convicted of any offense
involving unlawful sexual behavior;
(III) Except as otherwise provided in
subparagraphs (IV) and (V) of this paragraph (a), if the offense
that required such person to register constituted or would constitute
a misdemeanor OTHER THAN THE CLASS 1 MISDEMEANOR OF SEXUAL ASSAULT
IN THE THIRD DEGREE AS DESCRIBED IN SECTION 183404,
after a period of five years from the date of such person's final
release from the jurisdiction of the court for such offense, if
such person has not subsequently been convicted of any offense
involving unlawful sexual behavior;
SECTION 19. 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 safety, for the fiscal year beginning
July 1, 1999, the sum of two hundred forty-one thousand five hundred
fifty-one dollars ($241,551) and 1.5 FTE, or so much thereof as
may be necessary, for the implementation of this act.".
Renumber succeeding sections accordingly.
Page 1, line 102, strike "OFFENDERS." and
substitute "OFFENDERS, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.".
HB99-1283 be referred
to the Committee of the Whole with favorable recommendation.
HB99-1290 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 3, strike "PARTIES."
and substitute "PARTIES OR IN WHICH A PERSON IS DESIGNATED
AS A FIDUCIARY BY STATUTE.";
line 13, after "CIRCUMSTANCES", insert
"IN WHICH A PERSON IS DESIGNATED AS A FIDUCIARY BY STATUTE
OR";
line 16, after "THOSE", insert "ACTIONS
IN WHICH A PERSON IS DESIGNATED AS A FIDUCIARY BY STATUTE OR THOSE
ACTIONS".
HB99-1304 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, line 26, strike "UNLAWFULLY"
and substitute "UNLAWFULLY,".
Page 3, line 1, strike "unlawfully," and substitute "unlawfully".
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1106.
______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1316 by Representatives Dean, Young, Taylor; also Senator Chlouber--Concerning weapons.
Committee on Agriculture, Livestock, & Natural
Resources
HB99-1317 by Representatives Spradley, Kaufman; also Senator Chlouber--Concerning the clarification of the responsibilities of investigative positions within the department of corrections.
Committee on Judiciary
SB99-021 by Senators Linkhart, Rupert; also Representative Hagedorn--Concerning the requirement that each county adopt official written policies for its Colorado works program.
Committee on Health, Environment, Welfare, &
Institutions
SB99-025 by Senator Reeves; also Representative Johnson--Concerning an adjustment of certain time requirements affecting elections.
Committee on Local Government
_______________
On motion of Representative Tool, the House adjourned
until 9:00 a.m., February 18, 1999.
Approved:
RUSSELL GEORGE,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk