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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

36^th Legislative Day Wednesday, February 10, 1999

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

Order

Prayer By the chaplain, Rev. Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.

Roll Call Present--Total, 31.

Absent/Excused--Evans, Lacy, Musgrave--Total, 3.

Vacancy--Total, 1. Present later--Evans, Lacy, Musgrave.

Quorum The President announced a quorum present.

Reading of On motion of Senator Hillman, reading of the Journal of February 9^th was

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

Remarks On motion of Senator Pascoe, and with unanimous consent, the following remarks

in memory of Senator Tony Grampsas, by Rev. Arlyn L. Tolzmann, Holy Cross Lutheran Church, Wheat Ridge, as Senate Chaplain, are printed below:

Tuesday, The Senators Came

In the room for wrangling,

not cattle,

but bills branded with SB;

in the room where party lines

can divide

like the San Andreas Fault;

in the room

ringed with state seals

on blue-backed chairs;

to this room on February 9^th

came the Senators,

their faces belying the sunny outdoors;

a cloud hung limply over them,

a shawl of sorrow

at the death of one of their own.

No one looking around the room

could tell a Democrat

from a Republican,

for sadness and tears washed away

such lines,

differences were conquered

by mutual respect for another.

They stood in silence,

embracing an absent friend,

embracing one another,

and seeking God's embrace.

SENATE SERVICES REPORT

Senate Correctly printed: SJR 99-11.

Services

COMMITTEE OF REFERENCE REPORTS

Business After consideration on the merits, the committee recommends that SB99-123 be

Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with

and Labor favorable recommendation:

Amend printed bill, page 2, line 3, strike "(a)".

Page 3, strike lines 4 through 26.

Page 4, strike lines 1 through 4.

Renumber succeeding section accordingly.

Page 1, line 102, strike "INSUREDS." and substitute "INSUREDS UNDER THE PERSONAL INJURY PROTECTION PORTION OF NO FAULT AUTO INSURANCE POLICIES.".

Business After consideration on the merits, the committee recommends that SB99-168 be

Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with

and Labor favorable recommendation:

Amend printed bill, page 2, strike lines 16 through 25.

Strike page 3.

Page 4, strike lines 1 through 25.

Renumber succeeding sections accordingly.

Page 1, line 102, strike "LAWS." and substitute "LAWS BY MAKING HARASSMENT AN UNFAIR EMPLOYMENT PRACTICE DURING THE COURSE OF EMPLOYMENT.".

Business After consideration on the merits, the committee recommends that SB99-118 be

Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with

and Labor favorable recommendation:

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

"SECTION 1.  Part 1 of article 47 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

12­47­108.  Alcohol beverage tastings. (1)  ANY PERSON LICENSED PURSUANT TO SECTION 12­47­402, 12­47­403, 12­47­404, OR 12­47­405 MAY PROVIDE FREE SAMPLES OF MALT, VINOUS, OR SPIRITUOUS LIQUORS TO ADULT PATRONS OF A RETAIL LIQUOR STORE OR LIQUOR­LICENSED DRUGSTORE, SUBJECT TO THE FOLLOWING CONDITIONS:

(a)  THE ALCOHOL BEVERAGE SAMPLES USED IN AN ALCOHOL BEVERAGE TASTING SHALL BE RECEIVED FROM AND INVOICED THROUGH A COLORADO LICENSED WHOLESALER;

(b)  NO ALCOHOL BEVERAGE TASTING SHALL EXCEED EIGHT HOURS IN LENGTH, AND ALL TASTINGS SHALL OCCUR ONLY DURING THE HOURS THE RETAIL LICENSEE IS PERMITTED TO SELL ALCOHOL BEVERAGES;

(c)  NO RETAIL LICENSED PREMISES SHALL HOST MORE THAN ONE ALCOHOL BEVERAGE TASTING AT A TIME;

(d)  A RETAIL LICENSEE PROVIDING A TASTING SHALL NOT HOST MORE THAN TWO ALCOHOL BEVERAGE TASTINGS PER MONTH AT THE SAME LOCATION;

(e)  THE SIZE OF AN INDIVIDUAL SAMPLE PROVIDED AT AN ALCOHOL BEVERAGE TASTING SHALL NOT EXCEED ONE OUNCE FOR MALT LIQUORS, ONE ONCE FOR VINOUS LIQUORS, AND ONE­QUARTER OF ONE OUNCE FOR SPIRITUOUS LIQUORS, UNLESS A MEAL IS SERVED;

(f)  A MEAL, AS DEFINED IN SECTION 12­47­103 (20), MAY BE SERVED AT ALL ALCOHOL BEVERAGE TASTINGS;

(g)  NO PATRON SHALL RECEIVE MORE THAN FOUR INDIVIDUAL SAMPLES DURING ANY ONE ALCOHOL BEVERAGE TASTING;

(h)  AT THE CONCLUSION OF AN ALCOHOL BEVERAGE TASTING, ALL UNCONSUMED SAMPLES SHALL EITHER BE REMOVED FROM THE LICENSED PREMISES IN CLOSED CONTAINERS OR IMMEDIATELY DESTROYED;

(I)  NO PERSON SHALL LEAVE THE LICENSED PREMISES WITH ANY UNCONSUMED SAMPLES;

(j)  NO PERSON WHO IS UNDER TWENTY­ONE YEARS OF AGE OR VISIBLY INTOXICATED SHALL BE SERVED AT AN ALCOHOL BEVERAGE TASTING.

(2)  ALL COSTS AND EXPENSES OF ALCOHOL BEVERAGE TASTINGS SHALL BE BORNE BY THE LICENSED MANUFACTURERS, INCLUDING THOSE COSTS AND EXPENSES ASSOCIATED WITH ADVERTISING, FOOD, AND BEVERAGES.

(3) (a)  VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE THAT OCCUR AS A RESULT OF AN ALCOHOL BEVERAGE TASTING SHALL BE THE SOLE RESPONSIBILITY OF THE LICENSED MANUFACTURER SUPPLYING THE ALCOHOL BEVERAGE SAMPLES AND NOT THE RETAIL LICENSEE HOSTING THE TASTING.

(b)  ANY CIVIL ACTION THAT COULD BE BROUGHT PURSUANT TO SECTION 12-47-801 AS A RESULT OF AN ALCOHOL BEVERAGE TASTING MAY ONLY BE BROUGHT AGAINST THE LICENSED MANUFACTURER SUPPLYING THE ALCOHOL BEVERAGE SAMPLES AND NOT THE RETAIL LICENSEE HOSTING THE TASTING.

SECTION 2.  12­47­402 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­47­402.  Manufacturer's license. (1)  A manufacturer's license shall be issued by the state licensing authority to persons distilling, rectifying, or brewing within this state for the following purposes only:

(f)  TO HOST ALCOHOL BEVERAGE TASTINGS, AS DESCRIBED IN SECTION 12­47­108, WITHIN ITS LICENSED PREMISES.

SECTION 3.  12­47­404 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

12­47­404.  Importer's license. (1) (a)  An importer's license shall be issued to persons importing vinous or spirituous liquors into this state for the following purposes only:

(III)  TO CONDUCT ALCOHOL BEVERAGE TASTINGS ON RETAIL LICENSED PREMISES, AS PROVIDED IN SECTION 12­47­108.

SECTION 4.  12­47­405 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­47­405.  Nonresident manufacturers and importers of malt liquor. (3)  The licenses referred to in subsections (1) and (2) of this section shall be issued for the following purposes only:

(d)  TO CONDUCT ALCOHOL BEVERAGE TASTINGS ON RETAIL LICENSED PREMISES, AS PROVIDED IN SECTION 12­47­108.

SECTION 5.  12­47­406, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­47­406.  Wholesaler's license. (4)  IT IS UNLAWFUL FOR A LICENSED WHOLESALER OF MALT, VINOUS, OR SPIRITUOUS LIQUORS OR ANY PERSON, PARTNERSHIP, ASSOCIATION, ORGANIZATION, OR CORPORATION INTERESTED FINANCIALLY IN OR WITH SUCH A WHOLESALER TO CONDUCT, SPONSOR, PARTICIPATE IN, OR CONTRIBUTE IN ANY MANNER TO AN ALCOHOL BEVERAGE TASTING, AS DESCRIBED IN SECTION 12­47­108.

SECTION 6.  12­47­407 (1), Colorado Revised Statutes, is amended to read:

12­47­407.  Retail liquor store license. (1)  A retail liquor store license shall be issued to persons selling only malt, vinous, and spirituous liquors in sealed containers not to be consumed at the place where sold. Malt, vinous, and spirituous liquors in sealed containers shall not be sold at retail other than in retail liquor stores except as provided in section 12­47­408. In addition, retail liquor stores may sell nonfood items related to the consumption of such liquors, liquor­filled candy, and food items approved by the state licensing authority that are prepackaged, labeled, directly related to the consumption of such liquors, and are sold solely for the purpose of cocktail garnish in containers up to sixteen ounces. Nothing in this section shall be construed to authorize the sale of food items that could constitute a snack, a meal, or portion of a meal. Nothing in this section or in section 12­47­103 (30) shall be construed to prohibit the sale of items by a retail liquor store on behalf of or to benefit a charitable organization, as defined in section 39­26­102, C.R.S., or a nonprofit corporation subject to the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., and determined to be exempt from federal income tax by the federal internal revenue service, if the retail liquor store does not receive compensation for any such sale. Nothing in this section shall prohibit a retail liquor store licensee, at the option of the licensee, from displaying promotional material furnished by a manufacturer or wholesaler, which material permits a customer to purchase other items from a third person if the retail liquor store licensee does not receive payment from the third person and if the ordering of the additional merchandise is done by the customer directly from the third person. NOTWITHSTANDING ANYTHING IN THIS SUBSECTION (1) TO THE CONTRARY, A RETAIL LIQUOR STORE LICENSEE MAY HOST ALCOHOL BEVERAGE TASTINGS, AS DESCRIBED IN SECTION 12­47­108, WITHIN ITS LICENSED PREMISES.

SECTION 7.  12­47­408 (1), Colorado Revised Statutes, is amended to read:

12­47­408.  Liquor­licensed drugstore license. (1)  A liquor­licensed drugstore license shall be issued to persons selling malt, vinous, and spirituous liquors in sealed containers not to be consumed at the place where sold. NOTHING IN THIS SUBSECTION (1) SHALL PROHIBIT A LIQUOR­LICENSED DRUGSTORE LICENSEE FROM HOSTING ALCOHOL BEVERAGE TASTINGS, AS DESCRIBED IN SECTION 12­47­108, WITHIN ITS LICENSED PREMISES.

SECTION 8.  12­47­901 (1) (h) and (5) (k), Colorado Revised Statutes, are amended to read:

12­47­901.  Unlawful acts ­ exceptions. (1)  Except as provided in section 18­13­122, C.R.S., it is unlawful for any person:

(h) (I)  To consume malt, vinous, or spirituous liquor in any public place except on any licensed premises permitted under this article to sell such liquor by the drink for consumption thereon; to consume any alcohol beverage upon any premises licensed to sell liquor for consumption on the licensed premises, the sale of which is not authorized by the state licensing authority; to consume alcohol beverages at any time on such premises other than such alcohol beverage as is purchased from, OR PROVIDED BY, such establishment; or to consume alcohol beverages in any public room on such premises during such hours as the sale of such beverage is prohibited under this article.

(II)  Notwithstanding subparagraph (I) of this paragraph (h), it shall not be unlawful for a person who is at least twenty­one years of age to consume malt, vinous, or spirituous liquors while such person is a passenger aboard a luxury limousine, as defined in section 40­16­101 (3), C.R.S., or a charter or scenic bus, as defined in section 40­16­101 (1.3), C.R.S. Nothing in this subparagraph (II) shall be construed to authorize an owner or operator of a luxury limousine or charter or scenic bus to sell or distribute malt, vinous, or spirituous liquors without obtaining a public transportation system license pursuant to section 12­47­419.

(III)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (h), IT SHALL NOT BE UNLAWFUL FOR ADULT PATRONS OF A RETAIL LIQUOR STORE OR LIQUOR­LICENSED DRUGSTORE TO CONSUME MALT, VINOUS, OR SPIRITUOUS LIQUORS WITHIN SUCH LICENSED PREMISES WHEN SUCH CONSUMPTION IS PART OF AN ALCOHOL BEVERAGE TASTING, AS DESCRIBED IN SECTION 12­47­108.

(5)  It is unlawful for any person licensed to sell at retail pursuant to this article:

(k) (I)  To have on the licensed premises, if licensed as a retail liquor store or liquor­licensed drugstore, any container that shows evidence of having once been opened or that contains a volume of liquor less than that specified on the label of such container; except that a person holding a retail liquor store or liquor­licensed drugstore license, may have upon the licensed premises malt, vinous, or spirituous liquors in open containers, when the open containers were brought on the licensed premises by and remain solely in the possession of the sales personnel of a person licensed to sell at wholesale pursuant to this article for the purpose of sampling malt, vinous, or spirituous liquors by the retail licensee only. Nothing in this paragraph (k) shall apply to any liquor­licensed drugstore where the contents, or a portion thereof, have been used in compounding prescriptions.

(II)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (k), IT SHALL NOT BE UNLAWFUL FOR A RETAIL LIQUOR STORE OR LIQUOR­LICENSED DRUGSTORE LICENSEE TO ALLOW ALCOHOL BEVERAGE TASTINGS, AS DESCRIBED IN SECTION 12­47­108, TO BE CONDUCTED ON ITS LICENSED PREMISES BY PERSONS LICENSED PURSUANT TO SECTION 12­47­402, 12­47­403, 2­47­404, OR 12­47­405 OF THIS ARTICLE.

SECTION 9.  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.".

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

Government referred favorably to the Committee of the Whole: HB99-1080

Local After consideration on the merits, the committee recommends that SB99-089 be

Government 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 1.  39­5­121 (1), Colorado Revised Statutes, is amended to read:

39­5­121.  Notice of valuation ­ legislative declaration. (1)  No later than May 1 in each year, the assessor shall mail to each person who owns land or improvements a notice setting forth the valuation of such land or improvements. For agricultural property, the notice shall separately state the actual value of such land or improvements in the previous year, the actual value in the current year, and the amount of any adjustment in actual value. For all other property, the notice shall state the total actual value of such land and improvements together in the previous year, the total actual value in the current year, and the amount of any adjustment in total actual value. FOR THE FIRST YEAR OF EACH REASSESSMENT CYCLE, THE NOTICE SHALL PROVIDE AN ITEMIZED LISTING OF THE LAND, IMPROVEMENTS, AND THEIR CHARACTERISTICS. The notice shall not state the valuation for assessment of such land or improvements or combination of land and improvements. Based upon the classification of such taxable property, the notice shall also set forth either the ratio of valuation for assessment to be applied to said actual value of all taxable real property other than residential real property prior to the calculation of property taxes for the current year or the projected ratio of valuation for assessment to be applied to said actual value of residential real property prior to the calculation of property taxes for the current year and that any change or adjustment of the projected ratio of valuation for assessment for residential real property shall not constitute grounds for the protest or abatement of taxes. With the approval of the board of county commissioners, the assessor may include in the notice an estimate of the taxes that shall be owed for the current property tax year. If such estimate is included, the notice shall clearly state that the tax amount is merely an estimate based upon the best available information. The notice shall state, in bold­faced type, that the taxpayer has the right to protest any adjustment in valuation but not the estimate of taxes if such an estimate is included in the notice, the classification of the property that determines the assessment percentage to be applied, and the dates and places at which the assessor will hear such protest. Such notice shall also set forth the following: That, to preserve the taxpayer's right to protest, the taxpayer must notify the assessor either by mail or in person of the taxpayer's objection and protest; that, if notice is made by mail, such notice must be postmarked no later than May 27 and that, if notice is made in person, such notice must be made no later than June 1; and that, after such date, the taxpayer's right to object and protest the adjustment in valuation is lost. The notice shall be mailed together with a form that, if completed by the taxpayer, allows the taxpayer to explain the basis for the taxpayer's valuation of the property. Such form may be completed by the taxpayer to initiate an appeal of the assessor's valuation. However, in accordance with section 39­5­122 (2), completion of this form shall not constitute the exclusive means of appealing the assessor's valuation. For the years that intervene between changes in the level of value, if the difference between the actual value of such land or improvements in the previous year and the actual value of such land or improvements in the intervening year as set forth in such notice constitutes an increase in actual value of more than seventy­five percent, the assessor shall mail together with the notice an explanation of the reasons for such increase in actual value.

SECTION 2.  Effective date.  This act shall take effect for notices of valuation mailed on and after January 1, 2001.

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

Page 1, strike lines 102 through 106 and substitute the following:

"AND, IN CONNECTION THEREWITH, REQUIRING NOTICES OF

VALUATION TO INCLUDE SPECIFIC INFORMATION ABOUT THE SUBJECT PROPERTY.".

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

Government postponed indefinitely: SB99-076

INTRODUCTION OF BILLS--FIRST READING

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

SB 99-197 by Senators Blickensderfer, Powers, and Feeley; also Representatives Dean, George, and Gordon--Concerning the payment of expenses of the legislative department, and making an appropriation in connection therewith.

Appropriations

SB 99-198 by Senator Feeley--Concerning establishment of the obligation of the state for funding special education programs for children with disabilities, and making an appropriation in connection therewith.

Education

Appropriations

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Wednesday, February 9, was laid over until Thursday, February 10, retaining its place on the calendar.

______________________________

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Judiciary After consideration on the merits, the committee recommends that SB99-106 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 12, after "INDIVIDUAL.", add ""ACTIVITY THAT ENDANGERS THE PHYSICAL HEALTH OR SAFETY" DOES NOT INCLUDE CUSTOMARY ATHLETIC EVENTS OR OTHER SIMILAR CONTESTS OR COMPETITION.".

Judiciary After consideration on the merits, the committee recommends that SB99-119 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, after line 23, insert the following:

"SECTION 3. 18­7­201.7, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­7­201.7.  Prostitution with knowledge of being infected with acquired immune deficiency syndrome. (3) (a)  IN SENTENCING ANY PERSON CONVICTED OF PROSTITUTION WITH KNOWLEDGE OF BEING INFECTED WITH ACQUIRED IMMUNE DEFICIENCY SYNDROME PURSUANT TO THIS SECTION, THE COURT MAY ORDER THAT SUCH PERSON SUBMIT TO AN ASSESSMENT FOR THE USE OF CONTROLLED SUBSTANCES OR ALCOHOL DEVELOPED PURSUANT TO SECTION 16­11.5­102 (1) (a), C.R.S. THE COURT MAY FURTHER ORDER THAT SUCH PERSON COMPLY WITH THE RECOMMENDATIONS OF SUCH ASSESSMENT AS PART OF ANY SENTENCE TO PROBATION, COUNTY JAIL, COMMUNITY CORRECTIONS, OR INCARCERATION WITH THE DEPARTMENT OF CORRECTIONS. THE ASSESSMENT AND COMPLIANCE WITH THE RECOMMENDATIONS OF THE ASSESSMENT SHALL BE AT THE PERSON'S OWN EXPENSE, UNLESS THE PERSON IS INDIGENT.

(b)  IN ADDITION TO TREATMENT FOR ABUSE OF CONTROLLED SUBSTANCES AND ALCOHOL, THE COURT MAY REQUIRE THE PERSON TO PARTICIPATE IN MENTAL HEALTH TREATMENT IF SUCH TREATMENT IS RECOMMENDED IN THE PERSON'S PRESENTENCE REPORT PREPARED PURSUANT TO SECTION 16­11­102, C.R.S. THE MENTAL HEALTH TREATMENT SHALL BE AT THE PERSON'S OWN EXPENSE, UNLESS THE PERSON IS INDIGENT.".

Renumber succeeding sections accordingly.

Page 8, line 1, strike "THE" and substitute "AN";

strike lines 3 and 4 and substitute the following:

"DEPARTMENT WHO HAS HAD CONTACT WITH THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION REGARDING HIS OR HER HIV INFECTION AND";

strike lines 7 through 10 and substitute the following:

"EVIDENCE LIMITED TO WHETHER SAID PERSON HAD NOTICE OF OR HAD DISCUSSION CONCERNING HIS OR HER HIV INFECTION AND THE DATE OF SUCH NOTICE OR DISCUSSION. IF THE STATE DEPARTMENT OR THE LOCAL HEALTH DEPARTMENT NO LONGER EMPLOYS AN OFFICER OR EMPLOYEE WHO HAS HAD CONTACT WITH THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION REGARDING THE PERSON'S HIV INFECTION, THE STATE";

strike lines 12 and 13 and substitute the following:

"(I)  THE NAMES OF AND CURRENT ADDRESSES, IF AVAILABLE, FOR EACH FORMER OFFICER OR EMPLOYEE WHO HAD CONTACT WITH THE PERSON TESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION REGARDING THE PERSON'S HIV INFECTION;";

strike lines 16 and 17 and substitute the following:

"NOTICE OF OR HAD DISCUSSION CONCERNING HIS OR HER HIV INFECTION AND THE DATE OF SUCH NOTICE OR DISCUSSION; AND";

strike line 18 and substitute the following:

"(III)  IF NONE OF SAID FORMER OFFICERS OR EMPLOYEES ARE AVAILABLE, ANY";

strike line 21 and substitute the following:

"PROVIDED NOTICE OF OR HAD DISCUSSION CONCERNING HIS OR HER HIV INFECTION AND THE DATE OF SUCH NOTICE OR DISCUSSION.";

line 22, strike "SUCH NOTICE.".

Page 10, strike lines 3 through 6 and substitute the following:

"IN SECTION 18­3­415.5, C.R.S., WAS PROVIDED NOTICE THAT HE OR SHE HAD TESTED POSITIVE FOR THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) THAT CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME OR HAD DISCUSSION CONCERNING HIS OR HER HIV INFECTION, AND THE DATE OF SUCH NOTICE OR DISCUSSION.".

Judiciary After consideration on the merits, the committee recommends that SB99-130 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 6 through 8 and substitute the following:

"(B)  A CLASS 2 FELONY AS A RESULT OF A PLEA AGREEMENT IN CASES WHERE THE JUVENILE IS CHARGED WITH A CLASS 1 FELONY;

(C)  A CLASS 2 FELONY AND THE JUVENILE HAS ONE OR MORE PRIOR CONVICTIONS FOR A CRIME OF VIOLENCE, AS DEFINED IN SECTION 16­11­309, C.R.S., OR PRIOR ADJUDICATIONS FOR AN OFFENSE THAT WOULD CONSTITUTE A CRIME OF VIOLENCE IF COMMITTED BY AN ADULT;

(D)  A CLASS 2 FELONY AND THE JUVENILE IS SIXTEEN YEARS OF AGE OR OLDER;".

Reletter succeeding sub­subparagraphs accordingly.

Page 5, strike lines 4 through 6 and substitute the following:

"(B)  A CLASS 2 FELONY AS A RESULT OF A PLEA AGREEMENT IN CASES WHERE THE JUVENILE IS CHARGED WITH A CLASS 1 FELONY;

(C)  A CLASS 2 FELONY AND THE JUVENILE HAS ONE OR MORE PRIOR CONVICTIONS FOR A CRIME OF VIOLENCE, AS DEFINED IN SECTION 16­11­309, C.R.S., OR PRIOR ADJUDICATIONS FOR AN OFFENSE THAT WOULD CONSTITUTE A CRIME OF VIOLENCE IF COMMITTED BY AN ADULT;

(D)  A CLASS 2 FELONY AND THE JUVENILE IS SIXTEEN YEARS OF AGE OR OLDER;".

Reletter succeeding sub­subparagraph accordingly.

Page 6, strike lines 22 through 24 and substitute the following:

"CONVICTED OF A CLASS 2 FELONY MAY BE SENTENCED FOR A".

Page 8, strike lines 1 and 2 and substitute the following:

"HEARING, THE COURT MAY SENTENCE THAT PERSON TO A COMMUNITY CORRECTIONAL FACILITY OR PROGRAM FOR A PERIOD".

Page 10, line 16, strike "after sentencing" and substitute "after sentencing";

line 17, strike "supervision." and substitute "supervision AFTER SENTENCING AND ENTRY OF ANY ORDER FOR PAYMENT OF RESTITUTION.".

Page 12, after line 23, insert the following:

"SECTION 11.  19­1­108 (1) and (6), Colorado Revised Statutes, are amended to read:

19­1­108.  Magistrates ­ qualifications ­ duties. (1)  The juvenile court may appoint one or more magistrates to hear any case or matter under the court's jurisdiction, except where a jury trial has been requested pursuant to part 5 of article 2 of this title SECTION 19­2­107 and in transfer hearings held pursuant to section 19­2­806 SECTION 19­2­518. Magistrates shall serve at the pleasure of the court, unless otherwise provided by law.

(6)  A magistrate may issue a lawful warrant taking a child into custody pursuant to section 19­2­202 SECTION 19­2­503 and may issue search warrants as provided in sections 19­1­112 and 19­2­206 AND 19­2­504.".

Renumber succeeding sections accordingly.

Finance After consideration on the merits, the committee recommends that SB99-172 be

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

Amend printed bill, page 5, strike lines 4 through 14.

Reletter succeeding paragraph accordingly.

Finance After consideration on the merits, the committee recommends that SB99-174 be

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

Amend printed bill, page 3, after line 25, insert the following:

"(b) NOTHING IN THIS SUBSECTION (3.5) SHALL PREVENT THE DEPARTMENT FROM SHARING ANY INFORMATION WITH A CRIMINAL JUSTICE AGENCY AS DEFINED IN SECTION 24­72­302 (3), C.R.S.".

Reletter succeeding paragraph accordingly.

MESSAGE FROM THE HOUSE:

February 10, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1027, 1145, 1159, 1198 and 1201.

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1048, amended as printed in House Journal, February 9, page 394;

HB99-1070, amended as printed in House Journal, February 9, page 394;

HB99-1107, amended as printed in House Journal, February 9, page 393;

HB99-1127, amended as printed in House Journal, February 9, page 396-398;

HB99-1171, amended as printed in House Journal, February 9, page 393;

HB99-1175, amended as printed in House Journal, February 9, page 395.

The House has adopted and returns herewith SJR99-011.

MESSAGE FROM THE REVISOR

February 10, 1999

We herewith transmit:

without comment, HB99-1027, 1145, 1159, 1198, and 1201; and,

without comment, as amended, HB99-1048, 1070, 1107, 1127, 1171, and 1175.

On motion of Senator Thiebaut, the Senate adjourned until 8:30 a.m., Thursday, February 11, 1999.

SB 99-089 Approved:

(Cont.)

SB 99-119

(Cont.) Ray Powers

President of the Senate

SB 99-119

(Cont.)

Attest:

Patricia K. Dicks

Secretary of the Senate