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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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".

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1106.

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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

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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