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.
SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
37th Legislative Day Thursday, February
11, 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, 27.
Absent/Excused--Evans, Lacy, Lamborn, Linkhart, Matsunaka, Musgrave, Rupert--
Total, 7.
Vacancy--Total, 1. Present later--Evans, Lacy,
Lamborn, Linkhart, Matsunaka, Musgrave, Rupert.
Quorum The President announced a quorum present.
Reading of On motion of Senator Hillman, reading of the Journal of February 10th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
COMMITTEE OF REFERENCE REPORTS
Agriculture, After consideration on the merits, the committee recommends that SB99-173 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend printed bill, page 2, strike lines 14 and 15, and substitute
the following:
"Deflection Structure Rehabilitation
(d) Ryan Gulch Reservoir Company $ 317,500
Ryan Gulch Reservoir Dam
Rehabilitation
(e) Leroux Creek Water Users $ 1,250,000
Association Carl Smith Reservoir
Dam Rehabilitation
(f) Consolidated Mutual Water $ 10,000,000
Company Fortune Reservoir
(g) Pine River Canal Company $ 243,700
Tunnel Hill Project
Total $ 12,460,033".
Page 5, strike lines 7 and 8, and substitute the following:
"Replacement Project
North HB 981189 $ 500,000 $1,107,000 $ 1,607,000
Poudre
Irrigation
Company
System
Rehabilitation
Totals $ 11,050,000
$7,392,000 $18,442,000".
Page 9, after line 20, insert the following:
"SECTION 9. South Platte river decision
support system feasibility study appropriation. (1) The
Colorado water conservation board is hereby authorized to initiate
a study of the scope of the design, implementation, and longterm
maintenance of a decision support system for the South Platte
river basin. The plan for the scoping study shall be developed
by the board in consultation with a technical advisory committee
consisting of water users interested in the South Platte river
basin in Colorado.
(2) In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the Colorado water conservation
board construction fund not otherwise appropriated, to the Colorado
water conservation board, the sum of one hundred thousand dollars
($100,000), or so much thereof as may be necessary, to consult
with the technical advisory committee, to retain one or more contractors
to conduct the scoping study for the development of a South Platte
river basin decision support system and prepare a report summarizing
this study, and for the continued implementation of this section.
(3) The moneys appropriated in subsection (2) of this
section shall remain available for the designated purposes until
the project is completed.
SECTION 10. Rio Grande headwaters restoration
project appropriation. (1) The Colorado
water conservation board is hereby authorized to initiate a detailed
cooperative planning investigation of the Rio Grande river from
the vicinity of the southern boundary of Alamosa county to near
South Fork, Rio Grande county, Colorado. The purposes of the
investigation will be to evaluate the feasibility of various restoration
projects to improve channel conveyance capacity, reduce vulnerability
to flood damages, improve water diversion, restore riparian habitat,
and facilitate delivery of interstate compact commitments. The
scope of work for the planning investigation shall be developed
by the board in consultation with a technical advisory committee
consisting of water users interested in the Rio Grande basin in
Colorado.
(2) In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the Colorado water conservation
board construction fund not otherwise appropriated, to the Colorado
water conservation board for allocation to the San Luis Valley
Water Conservancy District, the sum of two hundred thousand dollars
($200,000), or so much thereof as may be necessary, to consult
with the technical advisory committee, to retain one or more contractors
to conduct the feasibility investigation for the project and prepare
a report summarizing this investigation, and for the continued
implementation of this section.
(3) The moneys appropriated in subsection (2) of this
section shall remain available for the designated purposes until
the project is completed.
SECTION 11. Arkansas river basin water and
storage needs assessment phase II appropriation. (1) In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the Colorado water conservation board construction
fund not otherwise appropriated, to the Colorado water conservation
board for allocation to the southeastern Colorado water and storage
needs assessment enterprise, the sum of twentyfive thousand
dollars ($25,000), or so much thereof as may be necessary, to
assist in the development of a storage options plan as part of
phase II of the Arkansas river basin water and storage needs assessment.
(2) The moneys appropriated in subsection (1) of this
section shall remain available for the designated purposes until
the project is completed.
SECTION 12. Section 5 of chapter 117, Session
Laws of Colorado 1995, is amended to read:
Section 5. Purgatoire River Transit Loss Investigation
appropriation. The Colorado water conservation board
is hereby authorized to expend up to sixty thousand dollars ($60,000)
from the Colorado water conservation board construction fund for
an investigation and assessment of transit times and losses associated
with releases of water from the Trinidad Reservoir in and along
the Purgatoire River to its confluence with the Arkansas River,
TO COOPERATE IN A STUDY OF DITCH SYSTEM LOSSES AND IRRIGATION
EFFICIENCIES WITHIN THE PURGATOIRE RIVER WATER CONSERVANCY DISTRICT,
and FOR related expenses.".
Renumber succeeding sections accordingly.
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural referred favorably to the Committee on Appropriations: SB99-081 Resources
and Energy
Agriculture, After consideration on the merits, the committee recommends that the following be
Natural postponed indefinitely: SB99-157
Resources
and Energy
Health, After consideration on the merits, the committee recommends that SB99-148 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 3, line 10, after "HAVE", insert
"DEMONSTRATED".
Health, After consideration on the merits, the committee recommends that SB99-152 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, page 2, line 3, strike "THE FOLLOWING
NEW SUBSECTIONS" and substitute "A NEW SUBSECTION";
strike lines 7 through 12.
Strike page 3.
Page 4, strike lines 1 through 14;
after line 18, insert the following:
"SECTION 2. 266104 (7),
Colorado Revised Statutes, is amended to read:
266104. Licenses outofstate
notices and consent. (7) (a) (I) No
license or certificate to operate a family child care home, a
foster care home, a child care center, a residential child care
facility, a secure residential child care facility, or a child
placement agency shall be issued by the department, a county department,
or a child placement agency licensed under the provisions of this
part 1 if the person applying for such a license or certificate
has been convicted of:
(A) Felony child abuse, as specified in section 186401,
C.R.S.;
(B) A CRIME OF VIOLENCE, AS DEFINED IN SECTION 1611309,
C.R.S.;
(C) or any unlawful sexual offense, as defined
in section 183411 (1), C.R.S. ANY FELONY
OFFENSES INVOLVING UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION
183412.5, C.R.S.;
(D) ANY FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH
HAS BEEN FOUND BY THE COURT ON THE RECORD TO INCLUDE AN ACT OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION 186800.3,
C.R.S.;
(E) ANY FELONY OFFENSE IN ANY OTHER STATE, THE ELEMENTS
OF WHICH ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE
OF THE OFFENSES DESCRIBED IN SUBSUBPARAGRAPHS (A) TO (D)
OF THIS SUBPARAGRAPH (I).
(II) FOR PURPOSES OF THIS PARAGRAPH (a), "CONVICTED"
MEANS A CONVICTION BY A JURY OR BY A COURT AND SHALL ALSO INCLUDE
A DEFERRED JUDGMENT AND SENTENCE AGREEMENT, A DEFERRED PROSECUTION
AGREEMENT, A DEFERRED ADJUDICATION AGREEMENT, AN ADJUDICATION,
AND A PLEA OF GUILTY OR NOLO CONTENDERE.
(b) THE CONVICTIONS IDENTIFIED IN PARAGRAPH (a) OF
THIS SUBSECTION (7) SHALL BE DETERMINED according to the records
of the Colorado bureau of investigation or any other source. or
has entered into a deferred judgment agreement or a deferred prosecution
agreement to felony child abuse, as specified in section 186401,
C.R.S., or any unlawful sexual offense, as defined in section
183411 (1), C.R.S. A certified copy of the
judgment of a court of competent jurisdiction of such conviction,
deferred judgment AND SENTENCE agreement, or
deferred prosecution agreement, OR DEFERRED ADJUDICATION AGREEMENT
shall be prima facie evidence of such conviction or agreement.
No license or certificate to operate a family child care home,
a foster care home, a child care center, a residential child care
facility, a secure residential child care facility, or a child
placement agency shall be issued if the department has a certified
court order from another state indicating that the person applying
for such a license or certificate has been convicted of felony
child abuse or any unlawful sexual offense against a child under
a law of any other state or the United States or the department
has a certified court order from another state that the person
applying for the license or certificate has entered into a deferred
judgment or deferred prosecution agreement in another state as
to felony child abuse or any sexual offense against a child.".
Renumber succeeding sections accordingly.
Page 6, strike lines 8 through 15.
Renumber succeeding sections accordingly.
Page 7, line 9, after "WORKING", insert "AT A CHILDREN
RESIDENT CAMP";
line 12, strike "NOT ONLY";
line 13, strike "INVESTIGATION, BUT ALSO A" and substitute
"INVESTIGATION. IN ADDITION, THE DEPARTMENT SHALL CONDUCT";
line 14, strike "CHECK" and substitute "CHECKS
OF ALL APPLICANTS, OWNERS, EMPLOYEES, NEWLY HIRED EMPLOYEES, LICENSEES,
AND ADULTS RESIDING IN THE LICENSED FACILITIES";
line 15, strike "CASE" and substitute "CASES".
Page 10, after line 4, insert the following:
"SECTION 7. 266108 (2),
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
PARAGRAPH to read:
266108. Denial of original license
suspension revocation probation refusal
to renew license. (2) The department may deny,
suspend, revoke, or make probationary the license of any facility
regulated and licensed under this part 1 should the licensee,
person employed by the licensee, or person who resides with the
licensee:
(a.5) BE CONVICTED OF THIRD DEGREE ASSAULT, AS DESCRIBED
IN SECTION 183204, C.R.S., ANY MISDEMEANOR, THE UNDERLYING
FACTUAL BASIS OF WHICH HAS BEEN FOUND BY THE COURT ON THE RECORD
TO INCLUDE AN ACT OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION
186800.3, C.R.S., THE VIOLATION OF A RESTRAINING ORDER,
AS DESCRIBED IN SECTION 186803.5, C.R.S., ANY MISDEMEANOR
OFFENSE OF CHILD ABUSE AS DEFINED IN SECTION 186401,
C.R.S., OR ANY MISDEMEANOR OFFENSE IN ANY OTHER STATE, THE ELEMENTS
OF WHICH ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE
OF THE OFFENSES DESCRIBED IN THIS PARAGRAPH (a.5). FOR PURPOSES
OF THIS PARAGRAPH (a.5), "CONVICTED" SHALL HAVE THE
SAME MEANING AS SET FORTH IN SECTION 266104 (7) (a)
(II).".
Renumber succeeding sections accordingly.
Page 14, line 1, after "MEMBERS", insert "WHICH
MEMBERS SHALL BE REPRESENTATIVE OF ALL GEOGRAPHIC AREAS OF THE
STATE".
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
Judiciary
HB 99-1048 by Representative Pfiffner; also Senator Hillman--Concerning limitations on the amount a governmental entity may charge as a result of the late payment of an amount due and owing to such entity.
Finance
HB 99-1070 by Representative Leyba; also Senator Reeves--Concerning the ages of the parties involved in the crime of second degree sexual assault.
Judiciary
HB 99-1107 by Representative Swenson; also Senator Hillman--Concerning causation in cases of permanent disability under the "Workers' Compensation Act of Colorado".
Business Affairs & Labor
HB 99-1127 by Representative Gotlieb; also Senator Powers--Concerning authorization for the acceptance by governmental entities of additional forms of payment.
Transportation
HB 99-1145 by Representatives Taylor and Kester; also Senators Anderson and Congrove--Concerning the authority of local governments to regulate plumbing programs for their jurisdictions, and, in connection therewith, granting local governments the authority to approve alternate products, materials, applications, or methods of construction.
Local Government
HB 99-1159 by Representatives Berry, Kester, Mace, and Webster; also Senators Tebedo, Chlouber, Phillips, and Teck--Concerning improvement districts of local general purpose governments.
Local Government
HB 99-1171 by Representative Decker; also Senator Teck--Concerning election of school district directors.
Education
HB 99-1175 by Representative Kaufman; also Senator Perlmutter--Concerning the Colorado probate code, and, in connection therewith, authorizing guardians and conservators to petition the court for dissolution of marriage or legal separation on behalf of an incapacitated person or a protected person, establishing a presumption of tenancy in common for disposition of tangible personal property, and clarifying the requirements for private arrangements among successors.
Judiciary
HB 99-1198 by Representative Sinclair; also Senator Tebedo--Concerning the strengthening of the supervisory powers of the division of financial services in the department of regulatory agencies.
Business Affairs & Labor
Appropriations
HB 99-1201 by Representatives King and Lee; also Senator Epps--Concerning the authority of the Colorado insurance guaranty association.
Business Affairs & Labor
Senate in recess.
Senate reconvened.
______________________________
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 Thursday, February 11, was laid over until Friday, February 12, retaining its place on the calendar.
______________________________
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-197, 198.
Services
Correctly enrolled: SR 99-6.
COMMITTEE OF REFERENCE REPORTS
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointment and recommends that the appointment be confirmed:
and Labor
for a term expiring the Monday preceding the second
Tuesday in January 2003:
Raymond L. Gifford of Denver, Colorado, to serve
as a Republican, appointed.
Judiciary After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: SB99-147
Judiciary After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SB99-016
State, After consideration on the merits, the committee recommends that the following be
Veterans, referred favorably to the Committee of the Whole: SB99-070
and Military
Affairs
State, After consideration on the merits, the committee recommends that SB99-072 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 1, line 2, after "(2) (c) (II),",
insert "(4),".
Page 2, line 4, strike "twenty";
line 5, strike "TWO" and substitute "twenty";
after line 16, insert the following:
"(4) No person who attempted and failed to receive
at least ten THIRTY percent of the votes for
the nomination of a political party assembly for a particular
office shall be placed in nomination by petition on behalf of
the political party for the same office.".
State, After consideration on the merits, the committee recommends that SB99-004 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, page 5, line 2, after "SUBSECTION (2)",
insert "AND SUBSECTION (4) OF THIS SECTION".
State, After consideration on the merits, the committee recommends that SB99-080 be
Veterans, amended as follows and, as so amended, be referred to the Committee of the Whole
and Military with favorable recommendation:
Affairs
Amend printed bill, strike everything below the enacting clause
and substitute the following:
"SECTION 1. Part 1 of article 6 of
title 18, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
186102.5. Justified medical termination
of pregnancies after viability. (1) THIS SECTION
SHALL BE KNOWN AND MAY BE CITED AS THE "VIABLE CHILD PROTECTION
ACT.".
(2) FOR PURPOSES OF THIS SECTION:
(a) "ABORTION" MEANS THE USE OF ANY MEANS
TO TERMINATE THE CLINICALLY DIAGNOSABLE PREGNANCY OF A WOMAN WITH
KNOWLEDGE THAT THE TERMINATION BY THOSE MEANS MAY, WITH REASONABLE
LIKELIHOOD, CAUSE THE DEATH OF THE UNBORN CHILD; EXCEPT THAT,
"ABORTION" SHALL NOT MEAN THE USE OF AN INTRAUTERINE
DEVICE OR BIRTH CONTROL PILL TO INHIBIT OR PREVENT OVULATION,
FERTILIZATION, OR THE IMPLANTATION OF A FERTILIZED OVUM WITHIN
THE UTERUS.
(b) "FERTILIZATION" MEANS THE FUSION OF A
HUMAN SPERMATOZOON WITH A HUMAN OVUM.
(c) "GESTATIONAL AGE" MEANS THE AGE OF AN
UNBORN CHILD AS CALCULATED FROM THE FIRST DAY OF THE LAST MENSTRUAL
PERIOD OF THE PREGNANT WOMAN.
(d) "HOSPITAL" MEANS AN INSTITUTION LICENSED
PURSUANT TO ARTICLE 3 OF TITLE 25, C.R.S.
(e) "LIVE BIRTH", WHEN USED WITH REGARD TO
A HUMAN BEING, MEANS THAT THE HUMAN BEING WAS COMPLETELY EXPELLED
OR EXTRICATED FROM HIS OR HER MOTHER AND AFTER SUCH SEPARATION
BREATHED OR SHOWED EVIDENCE OF ANY OF THE FOLLOWING:
(I) BEATING OF THE HEART;
(II) PULSATION OF THE UMBILICAL CORD;
(III) DEFINITE MOVEMENT OF VOLUNTARY MUSCLES; OR
(IV) ANY BRAIN WAIVE ACTIVITY.
(f) "MEDICAL EMERGENCY" MEANS A CONDITION
THAT, ON THE BASIS OF THE PHYSICIAN'S GOOD FAITH CLINICAL JUDGMENT,
SO COMPLICATES A PREGNANCY AS TO NECESSITATE THE IMMEDIATE ABORTION
OF A WOMAN'S PREGNANCY TO AVERT HER DEATH OR FOR WHICH A DELAY
WILL CAUSE SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT
OF A MAJOR BODILY FUNCTION.
(g) "PREGNANT" MEANS THE FEMALE REPRODUCTIVE
CONDITION OF HAVING A DEVELOPING FETUS IN THE BODY AND COMMENCES
WITH FERTILIZATION.
(h) "UNBORN CHILD" AND "FETUS"
EACH MEANS AN INDIVIDUAL ORGANISM OF THE SPECIES HOMO SAPIENS
FROM FERTILIZATION UNTIL LIVE BIRTH.
(I) "VIABLE" AND "VIABILITY" MEANS
THAT STAGE OF FETAL DEVELOPMENT WHEN, IN THE JUDGMENT OF THE PHYSICIAN
BASED UPON THE PARTICULAR FACTS OF THE CASE BEFORE HIM OR HER
AND IN LIGHT OF THE MOST ADVANCED MEDICAL TECHNOLOGY AND INFORMATION
AVAILABLE TO HIM OR HER, THERE IS A REASONABLE LIKELIHOOD OF SUSTAINED
SURVIVAL OF THE UNBORN CHILD OUTSIDE OF THE BODY OF HIS OR HER
MOTHER WITH OR WITHOUT ARTIFICIAL SUPPORT.
(3) (a) EXCEPT AS PROVIDED IN PARAGRAPH (b) OF
THIS SUBSECTION (3), NO PERSON SHALL INTENTIONALLY, KNOWINGLY,
OR RECKLESSLY PREFORM OR INDUCE AN ABORTION WHEN AN UNBORN CHILD
IS VIABLE.
(b) (I) IT SHALL NOT BE A VIOLATION OF PARAGRAPH
(a) OF THIS SUBSECTION (3), IF AN ABORTION IS PERFORMED BY A PHYSICIAN
AND THAT PHYSICIAN REASONABLY BELIEVES THAT IT IS NECESSARY TO
PREVENT EITHER THE DEATH OF THE PREGNANT WOMAN OR THE SUBSTANTIAL
AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OF THE
WOMAN. NO ABORTION SHALL BE DEEMED AUTHORIZED UNDER THIS SUBPARAGRAPH
(I) IF PERFORMED ON THE BASIS OF A CLAIM OR DIAGNOSIS THAT THE
WOMAN WILL ENGAGE IN CONDUCT THAT WOULD RESULT IN HER DEATH OR
IN SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.
(II) IT SHALL NOT BE A VIOLATION OF PARAGRAPH (a) OF
THIS SUBSECTION (3) IF THE ABORTION IS PERFORMED BY A PHYSICIAN
AND THAT PHYSICIAN REASONABLY BELIEVES, AFTER MAKING A DETERMINATION
OF THE VIABILITY OF THE UNBORN CHILD IN COMPLIANCE WITH SUBSECTION
(6) OF THIS SECTION, THAT THE UNBORN CHILD IS NOT VIABLE.
(4) EXCEPT IN THE CASE OF A MEDICAL EMERGENCY THAT,
IN THE REASONABLE MEDICAL JUDGMENT OF THE PHYSICIAN PERFORMING
THE ABORTION, PREVENTS COMPLIANCE WITH A PARTICULAR REQUIREMENT
OF THIS SUBSECTION (4), NO ABORTION WHICH IS AUTHORIZED UNDER
PARAGRAPH (b) OF SUBSECTION (3) OF THIS SECTION SHALL BE PERFORMED
UNLESS EACH OF THE FOLLOWING CONDITIONS IS MET:
(a) THE PHYSICIAN PERFORMING THE ABORTION CERTIFIES
IN WRITING THAT, BASED UPON HIS OR HER MEDICAL EXAMINATION OF
THE PREGNANT WOMAN AND HIS OR HER MEDICAL JUDGMENT, THE ABORTION
IS NECESSARY TO PREVENT EITHER THE DEATH OF THE PREGNANT WOMAN
OR A SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF
A MAJOR BODILY FUNCTION;
(b) SUCH PHYSICIAN'S JUDGMENT WITH RESPECT TO THE NECESSITY
FOR THE ABORTION HAS BEEN CONCURRED BY ONE OTHER LICENSED PHYSICIAN
WHO CERTIFIES IN WRITING THAT, BASED UPON HIS OR HER MEDICAL EXAMINATION
OF THE PREGNANT WOMAN AND HIS OR HER MEDICAL JUDGMENT, THE ABORTION
IS NECESSARY TO PREVENT EITHER THE DEATH OF THE PREGNANT WOMAN
OR A SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF
A MAJOR BODILY FUNCTION;
(c) THE ABORTION IS PERFORMED IN A HOSPITAL;
(d) THE PHYSICIAN, BOTH BEFORE AND DURING THE PROCEDURE,
TERMINATES THE PREGNANCY IN A MANNER THAT PROVIDES THE BEST OPPORTUNITY
FOR THE UNBORN CHILD TO SURVIVE, UNLESS THE PHYSICIAN DETERMINES
IN HIS OR HER GOOD FAITH MEDICAL JUDGMENT, THAT TERMINATION OF
THE PREGNANCY IN THAT MANNER POSES A SIGNIFICANTLY GREATER RISK
OF EITHER THE DEATH OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OF THE WOMAN
THAN WOULD OTHER AVAILABLE METHODS;
(e) THE PHYSICIAN ARRANGES FOR THE ATTENDANCE, IN THE
SAME ROOM IN WHICH THE MEDICAL PROCEDURE TO TERMINATE THE PREGNANCY
IS TO BE COMPLETED, OF A SECOND PHYSICIAN WHO SHALL TAKE CONTROL
OF THE CHILD IMMEDIATELY AFTER COMPLETE EXTRACTION FROM THE MOTHER
AND SHALL PROVIDE IMMEDIATE MEDICAL CARE FOR THE CHILD, TAKING
ALL REASONABLE STEPS NECESSARY TO PRESERVE THE CHILD'S LIFE AND
HEALTH.
(5) (a) IN ADDITION TO ANY OTHER CRIME, ANY PERSON
WHO VIOLATES A PROVISION OF THIS SECTION COMMITS CRIMINAL POSTVIABILITY
ABORTION. CRIMINAL POSTVIABILITY ABORTION IS A CLASS 1
MISDEMEANOR; EXCEPT THAT, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY SECTION 181106, FOR A FIRST OFFENSE A PERSON SHALL
BE SENTENCED TO A THIRTYDAY MANDATORY MINIMUM JAIL SENTENCE
AND FOR A SECOND OR SUBSEQUENT OFFENSE A PERSON SHALL BE SENTENCED
TO A NINETYDAY MANDATORY MINIMUM JAIL SENTENCE.
(b) ANY PERSON WHO VIOLATES SUBSECTION (3) OF THIS
SECTION MAY BE CHARGED WITH MURDER OR MANSLAUGHTER, AS THOSE CRIMES
ARE DEFINED IN PART 1 OF ARTICLE 3 OF THIS TITLE, AND UPON CONVICTION
MAY BE PUNISHED ACCORDINGLY.
(c) THE PREGNANT WOMAN SHALL NOT BE PROSECUTED UNDER
THIS SECTION FOR CONSPIRACY PURSUANT TO SECTION 182201
OR COMPLICITY UNDER SECTION 181603.
(d) NO HOSPITAL, PROFESSIONAL CORPORATION, HEALTH PLAN
CARRIER, OR OTHER ENTITY EMPLOYING, CONTRACTING OR AFFILIATED
WITH, OR SUBJECT TO THE CONTROL OF A PHYSICIAN WHO VIOLATES THIS
SECTION SHALL BE LIABLE OR RESPONSIBLE FOR SUCH PHYSICIAN'S ACTIONS
OR VIOLATION.
(6) EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, PRIOR
TO PERFORMING AN ABORTION UPON A WOMAN SUBSEQUENT TO HER FIRST
NINETEEN WEEKS OF PREGNANCY, THE PHYSICIAN SHALL DETERMINE WHETHER
IN HIS OR HER GOOD FAITH MEDICAL JUDGMENT, THE CHILD IS VIABLE.
WHEN THE PHYSICIAN HAS DETERMINED THAT THE CHILD IS VIABLE, HE
OR SHE SHALL REPORT THE BASIS FOR HIS OR HER DETERMINATION THAT
THE ABORTION IS NECESSARY TO PREVENT EITHER THE DEATH OF THE PREGNANT
WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR
BODILY FUNCTION OF THE WOMAN. WHEN THE PHYSICIAN HAS DETERMINED
THAT A CHILD IS NOT VIABLE AFTER THE FIRST NINETEEN WEEKS OF PREGNANCY,
HE OR SHE SHALL REPORT THE BASIS FOR SUCH DETERMINATION.
(7) ANY FETUS BORN ALIVE SHALL BE TREATED AS A PERSON
UNDER THE LAW, AND A CERTIFICATE OF BIRTH SHALL BE FILED AS REQUIRED
BY SECTION 252112, C.R.S., CERTIFYING THE INFANT'S
BIRTH. IF THE INFANT SUBSEQUENTLY DIES, A CERTIFICATE OF DEATH
SHALL BE FILED AS REQUIRED BY SECTION 252110, C.R.S.
(8) IF, BEFORE THE ABORTION OR MEDICAL PROCEDURE TO
TERMINATE A PREGNANCY, THE WOMAN AND HER HUSBAND, IF MARRIED,
HAVE STATED IN WRITING THAT THEY DO NOT WISH TO KEEP THE INFANT
IN THE EVENT THAT THE PROCEDURE RESULTS IN A LIVE BIRTH, AND THIS
WRITING IS NOT RETRACTED BEFORE THE PROCEDURE, THE COUNTY DEPARTMENT
OF SOCIAL SERVICES IN THE COUNTY OR CITY AND COUNTY IN WHICH THE
PROCEDURE WAS PERFORMED SHALL TAKE TEMPORARY CUSTODY OF THE INFANT.
(9) (a) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO REQUIRE ANY PHYSICIAN OR HOSPITAL TO PREFORM AN ABORTION THAT
IS CONTRARY TO THE PHYSICIAN'S OR HOSPITAL'S RELIGIOUS BELIEFS.
(b) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS RATIFYING,
GRANTING, OR OTHERWISE ESTABLISHING A RIGHT TO AN ABORTION INDEPENDENTLY
OF ANY OTHER REGULATION, STATUTE, OR COURT DECISION THAT MAY NOW
OR HEREAFTER LIMIT OR ABRIDGE THE RIGHT TO AN ABORTION.
SECTION 2. 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.".
State, After consideration on the merits, the committee recommends that SB99-145 be
Veterans, amended as follows and, as so amended, be referred to the Committee on Appropriations
and Military with favorable recommendation:
Affairs
Amend printed bill, page 2, line 11, strike "SECTION"
and substitute "SECTIONS 25-7-114.1 AND".
Page 4, after line 20, insert the following:
"(III) THE COMMISSION SHALL HAVE DISCRETION TO ADOPT RULES
GOVERNING THE RESUBMISSION OF LAND MANAGEMENT PLANS OR EQUIVALENT
PLANNING DOCUMENTS TO PREVENT SUCH PLANS FROM BECOMING OUTDATED.".
Page 5, before line 1, insert the following:
"SECTION 2. 257114.7 (2)
(a) (III), Colorado Revised Statutes, is amended to read:
257114.7. Emission fees fund
repeal. (2) (a) (III) Every owner
or operator subject to the requirements of paying fees set forth
in subparagraph (I) of this paragraph (a) shall also pay a processing
fee for the costs of processing any application other than an
air pollution emission notice under this article. EVERY FEDERAL
FACILITY SUBMITTING A LAND MANAGEMENT PLAN OR AN EQUIVALENT PLANNING
DOCUMENT TO THE COMMISSION PURSUANT TO SECTION 257106
(8) (b) SHALL PAY A FEE FOR COSTS OF EVALUATING SUCH DOCUMENTS.
The division shall assess a fee for work it performs up to a
maximum of thirty hours at a rate of fifty dollars per hour.
If the division requires more than thirty hours to process the
application OR EVALUATE THE LAND MANAGEMENT PLAN OR EQUIVALENT
DOCUMENTS, the fee paid by the applicant shall not exceed one
thousand five hundred dollars, unless the division has informed
the source that the respective billings may exceed one thousand
five hundred dollars and has provided the source with an estimate
of what the actual charges may be prior to commencing the work.".
Renumber succeeding sections accordingly.
Page 5, line 17, strike "2000," and substitute "2001,".
Page 6, line 3, strike "1999," and substitute "2000,";
after line 8, insert the following:
"SECTION 4. Appropriation. (1) In addition to any
other appropriation, there is hereby appropriated, out of any
moneys in the stationary sources control cash fund, to the department
of public health and environment, for the fiscal year beginning
July 1, 1999, the sum of one hundred twenty-eight thousand six
hundred sixty-nine dollars ($128,669) and 1.5 FTE, 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 cash exempt funds, to the department of law, for the fiscal
year beginning July 1, 1999, the sum of twenty-eight thousand
eight hundred dollars ($28,800) and 0.3 FTE, or so much thereof
as may be necessary, for the implementation of this act.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "STATE." and substitute "STATE,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB99-078
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB99-125
and Military
Affairs
State, After consideration on the merits, the committee recommends that the following be
Veterans, postponed indefinitely: SB99-138
and Military
Affairs
Trans- After consideration on the merits, the committee recommends that SB99-088 be
portation amended as follows and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, page 2, strike lines 6 through 13 and substitute
the following:
"control devices.
(b) (I) ON OR BEFORE JULY 1, 2001, THE DEPARTMENT SHALL
ISSUE A REQUEST FOR PROPOSALS TO PRIVATE ENTITIES FOR THE PURPOSE
OF ENTERING INTO A CONTRACT WITH SUCH AN ENTITY FOR THE CONVERSION
OF AN EXISTING HIGH OCCUPANCY VEHICLE LANE DESCRIBED IN PARAGRAPH
(a) OF THIS SUBSECTION (1) TO A HIGH OCCUPANCY TOLL LANE AND FOR
THE PURPOSE OF ENTERING INTO A CONTRACT FOR THE OPERATION OF THE
HIGH OCCUPANCY TOLL LANE BY A PRIVATE ENTITY; EXCEPT THAT THE
DEPARTMENT MAY CONVERT OR OPERATE THE HIGH OCCUPANCY TOLL LANE,
OR BOTH, IN THE EVENT THAT NO PROPOSAL BY A PRIVATE ENTITY FOR
SUCH CONVERSION OR OPERATION, OR BOTH, IS ACCEPTABLE.
(II) THE HIGH OCCUPANCY TOLL LANE SHALL BE A LANE FOR USE BY
VEHICLES CARRYING LESS THAN THE SPECIFIED NUMBER OF PERSONS FOR
SUCH HIGH OCCUPANCY VEHICLE LANE THAT PAY A SPECIFIED TOLL OR
FEE.
(III) ANY CONTRACT ENTERED INTO BETWEEN THE DEPARTMENT AND A
PRIVATE ENTITY PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH
(b) SHALL:
(A) AUTHORIZE THE PRIVATE ENTITY TO IMPOSE TOLLS FOR USE OF
THE HIGH OCCUPANCY TOLL LANE;
(B) REQUIRE THAT OVER THE TERM OF SUCH CONTRACT THE TOLL REVENUES
BE APPLIED TO PAYMENT OF THE PRIVATE ENTITY'S CAPITAL OUTLAY COSTS
FOR THE PROJECT, THE COSTS ASSOCIATED WITH OPERATIONS, TOLL COLLECTION,
ADMINISTRATION OF THE HIGH OCCUPANCY TOLL LANE, IF ANY, AND A
REASONABLE RETURN ON INVESTMENT TO THE PRIVATE ENTITY;
(C) REQUIRE THAT ANY EXCESS TOLL REVENUE EITHER BE APPLIED TO
ANY INDEBTEDNESS INCURRED BY THE PRIVATE ENTITY WITH RESPECT TO
THE PROJECT OR BE PAID INTO THE STATE HIGHWAY FUND CREATED PURSUANT
TO SECTION 43-1-219, C.R.S.
(IV) THE DEPARTMENT SHALL STRUCTURE ANY SUCH TOLL OR FEE TO ALLOW
FREE-FLOWING USAGE OF THE HIGH OCCUPANCY TOLL LANE BY BUSES, VANS,
CAR POOLS, AND LOW EMISSION VEHICLES.
(V) IN ADDITION TO ANY PERMISSIBLE USE OF MONEYS CREDITED TO
THE STATE HIGHWAY FUND, ANY SUCH TOLLS OR FEES CREDITED TO SUCH
FUND MAY BE SHARED WITH ANY AGENCY FOR THE PURPOSE OF DEVELOPING
OTHER TRAFFIC CONGESTION RELIEVING OPTIONS FOR THE CORRIDOR WHERE
THE HIGH OCCUPANCY TOLL LANE IS LOCATED, INCLUDING TRANSIT, PURSUANT
TO AN AGREEMENT BETWEEN THE DEPARTMENT AND SUCH AGENCY.
(VI) THE DEPARTMENT SHALL NOT ENTER INTO A CONTRACT FOR THE CONVERSION
OF A HIGH OCCUPANCY VEHICLE LANE TO A HIGH OCCUPANCY TOLL LANE
IF SUCH A CONVERSION WILL RESULT IN THE LOSS OF FEDERAL FUNDS
PAYABLE OR AVAILABLE TO THE STATE FOR CONSTRUCTION, RECONSTRUCTION,
REPAIRS, IMPROVEMENT, PLANNING, SUPERVISION, AND MAINTENANCE OF
THE STATE HIGHWAY SYSTEM AND OTHER PUBLIC HIGHWAYS.".
Reletter succeeding paragraph accordingly.
Page 2, line 15, strike "DESIGNATED PURSUANT TO PARAGRAPH
(a)" and substitute "DESCRIBED IN PARAGRAPH (b)".
Page 3, strike lines 3 through 26.
Page 4, strike lines 1 through 25.
Renumber succeeding section accordingly.
Trans- After consideration on the merits, the committee recommends that the following be
portation postponed indefinitely:
SB99-121
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 99-199 by Senator Wham; also Representative Kaufman--Concerning recommendations of the senate judiciary committee related to the continuation of requirements for certain reports to the general assembly from executive agencies pursuant to the statutory three-year reporting review requirement.
Judiciary
SB 99-200 by Senators Wham, Grampsas, Arnold, and Phillips; also Representatives Lawrence, Larson, and Veiga--Concerning the prohibition on the Colorado school of mines' leasing property to social organizations.
Education
INTRODUCTION OF RESOLUTION
The following resolution was read by title and
referred to the committee indicated:
SJR 99-012 by Senators Owen, Anderson, Arnold, Blickensderfer, Chlouber, Congrove, Epps, Evans, Hillman, Lacy, Lamborn, Musgrave, Powers, Tebedo, Teck, Wattenberg, Andrews, and Dennis; also Representatives McElhany, Alexander, Allen, Berry, Clapp, Dean, Decker, Fairbank, George, Hefley, Hoppe, Johnson, Kaufman, Kester, King, Larson, Lawrence, Lee, May, McKay, McPherson, Mitchell, Morrison, Nunez, Paschall, Pfiffner, Sinclair, Smith, Spence, Spradley, Stengel, Sullivant, Swenson, Taylor, Tool, Webster, T. Williams, Witwer, and Young--Concerning the census bureau's use of statistical sampling for the decennial census in the year 2000.
State, Veterans and Military Affairs
SIGNING OF BILLS
The President has signed: SR 99-6.
TRIBUTES--A POINT OF INTEREST
Honoring Joshua A. Penry--by Senator Teck and Representatives
Berry and Smith
Honoring Stephan Lavavej--by Senators Arnold, Nichol,
and Martinez; also Representatives Mitchell, Ragsdale, Tochtrop,
Vigil, Windels, and Zimmerman.
On motion of Senator Weddig, the Senate adjourned until 9:00 a.m., Friday,
February 12, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate