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

64th Legislative Day Wednesday, March 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, 34.

Absent/Excused--Lacy--Total, 1.

Present later--Lacy.

Quorum The President announced a quorum present.

Reading of On motion of Senator Sullivant, reading of the Journal of March 9th was

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

SENATE SERVICES REPORT

Senate Correctly printed: SJR 99-15.

Services

Correctly enrolled: SB 99-191, 192, 193, 194, 195, 196, 197.

Correctly revised: HB 99-1113, 1209.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of General Orders.

______________________________

Committee On motion of Senator Matsunaka, the Senate resolved itself into Committee of the Whole

of the for consideration of General Orders and Senator Matsunaka was called to the Chair to act

Whole as Chairman.

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:

HB 99-1274 by Rep. King; Senator Andrews--Charter School Provisions

Laid over until Thursday, March 11, retaining its place on the calendar.

SB 99-110 by Sen. Feeley; Rep. McElhany--Telecommunications

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, February 5, page 172.)

Amendment No. 2, Appropriations Committee Amendment

(Printed in Senate Journal, March 4, page 417.)

Amendment No. 3, by Senator Chlouber

Amend printed bill, page 10, after line 11, insert the following:

"SECTION 5.  40­15­102 (13), (14), (15), (16), (17), and (31), Colorado Revised Statutes, are amended to read:

40­15­102.  Definitions. As used in this article, unless the context otherwise requires:

(13)  "InterLATA" means telecommunications services between LATA's.

(14)  "InterLATA interexchange telecommunications service" means long­distance service between LATA's.

(15)  "IntraLATA" means telecommunications service provided within one LATA.

(16)  "IntraLATA interexchange telecommunications service" means long­distance service within a LATA.

(17) (a)  "LATA" means each local access and transport area which has been designated in this state by the commission. THE STATE OF COLORADO SHALL CONSIST OF a SINGLE LATA, WHICH may SHALL encompass more than one contiguous ALL local exchange area AREAS in this state which serves common social, economic, or other purposes, even where such area transcends AND SHALL TRANSCEND ALL municipal or other local governmental boundaries.

(b)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMISSION HAS JURISDICTION OVER THE DESIGNATION OF LATAS WITHIN COLORADO.

(31)  "Toll service" means a type of telecommunications service, commonly known as long­distance service, that is provided on an intrastate basis between LATAs and within LATAs and that is:

(a)  Not included as a part of basic local exchange service;

(b)  Provided between local calling areas; and

(c)  Billed to the customer separately from basic local exchange service.".

Renumber succeeding sections accordingly.

Amendment No. 4, by Senator Feeley

Amend printed bill, page 10, line 23, after "WITH" insert "SECTION 251 OF";

line 24, strike "1996." and substitute "1996, 47 U.S.C. SECTION 251.".

As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.

The following bills on the General Orders calendar of Wednesday, March 10, were laid over until Thursday, March 11, retaining their place on the calendar:

HB99-1049, 99-1157, 99-1105, 99-1229, 99-1172; SB99-202; HB99-1033, 99-1295; SB99-033; HB99-1097, 99-1078, 99-1076, 99-1242, 99-1071, 99-1145, 99-1040,

99-1267, 99-1108, 99-1117, 99-1228, 99-1227, 99-1188.


ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Matsunaka, the Report of the Committee of the Whole was adopted and, a majority of all members elected having voted in the affirmative, the following action was taken:

SB99-110 as amended, declared passed on Second Reading.

HB99-1274, 99-1049, 99-1157, 99-1105, 99-1229, 99-1172; SB99-202; HB99-1033,

99-1295; SB99-033; HB99-1097, 99-1078, 99-1076, 99-1242, 99-1071, 99-1145,

99-1040, 99-1267, 99-1108, 99-1117, 99-1228, 99-1227, 99-1188, laid over until

Thursday, March 11, retaining their place on the calendar.

THIRD READING OF BILLS--FINAL PASSAGE

On Third Reading, the title of the following bills were publicly read, the reading at length having been dispensed with by unanimous consent:

SB 99-051 by Sen. Hernandez; Rep. George--Student Dropout Prevention & Interventn

The question being "Shall the bill pass?" the roll was called with the following result:

YES 34

NO 1

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
Y
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
Y
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
N

The majority of all members elected to the Senate having voted in the affirmative, the bill

was declared PASSED.

Co-sponsors added: Dyer, Nichol, Pascoe, Phillips, Rupert, Tanner, Tebedo, Weddig.

HB 99-1209 by Rep. Allen; Senator Anderson--School Finance

A majority of those elected to the Senate having voted in the affirmative, Senator Anderson was given permission to offer a Third Reading amendment.

Third Reading Amendment No. 1, by Senator Anderson

Amend revised bill, page 9, after line 4, insert the following:

"SECTION 15. Effective date. This act shall take effect upon passage; except that sections 4 and 5 shall take effect January 1, 2000."

Renumber succeeding section accordingly.

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 32

NO 3

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
Y

Andrews
Y
Feeley
N
Nichol
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
Y

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
Y

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
Y

Dennis
Y
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

The majority of all members elected to the Senate having voted in the affirmative, the bill,

as amended, was declared PASSED.

Co-sponsors added: Arnold, Evans.

HB 99-1113 by Rep. Dean; Sen. Arnold--Charter School Funding

A majority of those elected to the Senate having voted in the affirmative, Senator Arnold was given permission to offer a Third Reading amendment.

Third Reading Amendment No. 1, by Senator Arnold

Amend revised bill, page 2, line 16, strike everything after the period;

strike lines 17 and 18.

A majority of all members elected to the Senate having voted in the affirmative, the amendment was adopted.

The question being "Shall the bill, as amended, pass?" the roll was called with the following result:

YES 21

NO 14

EXCUSED 0

ABSENT 0

Anderson
Y
Evans
Y
Musgrave
Y
Tanner
N

Andrews
Y
Feeley
N
Nichol
N
Tebedo
Y

Arnold
Y
Hernandez
N
Owen
Y
Teck
Y

Blickensderfer
Y
Hillman
Y
Pascoe
N
Thiebaut
N

Chlouber
Y
Lacy
Y
Perlmutter
Y
Wattenberg
N

Congrove
Y
Lamborn
Y
Phillips
Y
Weddig
N

Dennis
Y
Linkhart
N
Reeves
N
Wham
N

Dyer
N
Martinez
N
Rupert
N
Mr. President
Y

Epps
Y
Matsunaka
Y
Sullivant
Y

The majority of all members elected to the Senate having voted in the affirmative, the bill,

as amended, was declared PASSED.

Co-sponsors added: Andrews, Congrove, Epps, Evans, Hillman, Lacy, Lamborn, Musgrave, Tebedo, Teck.

IMMEDIATE RECONSIDERATION OF HB99-1113

HB 99-1113 by Rep. Dean; Sen. Arnold--Charter School Funding

Having voted on the prevailing side, Senator Arnold moved for immediate reconsideration of HB99-1113.

Reconsideration was denied by the following roll call vote:

YES 14

NO 21

EXCUSED 0

ABSENT 0

Anderson
N
Evans
N
Musgrave
N
Tanner
Y

Andrews
N
Feeley
Y
Nichol
Y
Tebedo
N

Arnold
N
Hernandez
Y
Owen
N
Teck
N

Blickensderfer
N
Hillman
N
Pascoe
Y
Thiebaut
Y

Chlouber
N
Lacy
N
Perlmutter
Y
Wattenberg
Y

Congrove
N
Lamborn
N
Phillips
N
Weddig
N

Dennis
N
Linkhart
Y
Reeves
Y
Wham
Y

Dyer
Y
Martinez
Y
Rupert
Y
Mr. President
N

Epps
N
Matsunaka
N
Sullivant
N

MESSAGE FROM THE HOUSE:

March 10, 1999

Mr. President:

The House has passed on Third Reading and transmitted to the Revisor of Statutes HB99-1187, amended as printed in House Journal, March 9, pages 733-740.

______________________________

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, March 10, was laid over until Thursday, March 11, retaining its place on the calendar.

Senate in recess.

Senate reconvened.

COMMITTEE OF REFERENCE REPORTS

Local After consideration on the merits, the committee recommends that SB99-205 be

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

Amend printed bill, page 2, line 13, after "STATE.", add "ANY SUCH SUIT MAY BE BROUGHT ONLY AFTER SPECIFIC AUTHORIZATION BY RESOLUTION PASSED BY THE GENERAL ASSEMBLY.";

line 15, after "PROHIBIT", insert "THE STATE OR";

line 18, after "BY", insert "THE STATE OR".

Local After consideration on the merits, the committee recommends that HB99-1265 be

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

Amend reengrossed bill, page 2, strike line 5 and substitute "THE PURCHASE OR POSSESSION OF";

strike lines 7 through 9 and substitute the following:

"COMMISSIONERS, WHEN ENACTING AN ORDINANCE TO CARRY OUT THE POWERS GRANTED BY THIS PARAGRAPH (d.5), MAY MAKE IT UNLAWFUL FOR A RETAILER TO SELL GRAFFITI IMPLEMENTS TO JUVENILES, BUT SHALL NOT DICTATE THE MANNER IN WHICH THE RETAILER DISPLAYS GRAFFITI IMPLEMENTS. For purposes of this paragraph (d.5),".


Local After consideration on the merits, the committee recommends that HB99-1305 be

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

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

"SECTION 1.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­111.  Limitation on local regulations of firearms ­ legislative declaration. (1) (a)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(I)  THERE EXISTS A WIDESPREAD INCONSISTENCY AMONG JURISDICTIONS WITHIN THE STATE WITH REGARD TO FIREARMS REGULATIONS;

(II)  THE PLETHORA OF LOCAL FIREARMS REGULATIONS RANGES FROM RESTRICTIONS ON THE GEOGRAPHIC AREAS IN WHICH PERSONS MAY CARRY FIREARMS TO RESTRICTIONS ON THE AREAS AND MANNER IN WHICH FIREARMS MAY BE DISCHARGED TO RESTRICTIONS ON HOW FIREARMS MAY BE DISPLAYED BY INDIVIDUALS AND BUSINESSES TO RESTRICTIONS ON HOW FIREARMS MAY BE TRANSPORTED TO RESTRICTIONS ON THE TYPES OF FIREARMS THAT A PERSON MAY OWN;

(III)  THIS VARIETY OF FIREARMS REGULATIONS IS MATCHED BY THE VARIETY OF PENALTIES IMPOSED FOR VIOLATIONS OF SUCH REGULATIONS, RANGING FROM THE IMPOSITION OF A MINIMAL FINE TO THE IMPOUNDING OF VEHICLES AND SEIZURE OF REAL PROPERTY;

(IV)  THIS INCONSISTENCY CREATES A CONFUSING AND UNENFORCEABLE PATCHWORK OF LAWS THAT UNFAIRLY SUBJECTS A CITIZEN WHO LAWFULLY OWNS, CARRIES, AND USES A FIREARM IN ONE JURISDICTION TO UNPREDICTABLE AND UNFORESEEABLE CRIMINAL PENALTIES WHEN HE OR SHE TRAVELS TO ANOTHER JURISDICTION;

(V)  THIS INCONSISTENCY PLACES CITIZENS IN THE POSITION OF NOT KNOWING WHEN THEY MAY BE VIOLATING THE LOCAL LAWS AND THEREFORE BEING UNABLE TO AVOID COMMITTING A CRIME;

(VI)  FURTHER, THIS DEGREE OF INCONSISTENCY MAY UNFAIRLY INFRINGE AND CREATE A CHILLING EFFECT UPON A CITIZEN'S EXERCISE OF HIS OR HER RIGHT TO KEEP AND BEAR ARMS IN DEFENSE OF HOME, PERSON, AND PROPERTY, AS GRANTED UNDER SECTION 13 OF ARTICLE II OF THE STATE CONSTITUTION.

(b)  THE GENERAL ASSEMBLY FURTHER FINDS THAT, DESPITE THE LIKELIHOOD OF SOME DEGREE OF INCONSISTENCY, THERE ARE CERTAIN VERY NARROW AREAS IN WHICH A COMMUNITY'S INTEREST IN ENACTING LIMITED FIREARMS REGULATIONS THAT ADDRESS CIRCUMSTANCES SPECIFIC TO THE COMMUNITY OUTWEIGHS THE INDIVIDUAL'S INTEREST IN MAINTAINING STATEWIDE CONSISTENCY WITH REGARD TO FIREARMS REGULATIONS.

(c)  THE GENERAL ASSEMBLY THEREFORE CONCLUDES THAT:

(I)  THE REGULATION OF FIREARMS IS A MATTER OF STATEWIDE CONCERN, EXCEPT WITH REGARD TO THE NARROW CIRCUMSTANCES SPECIFIED IN SUBSECTION (3) OF THIS SECTION, UNDER WHICH FIREARMS REGULATION IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN; AND

(II)  IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PREEMPT ANY LOCAL REGULATION CONCERNING THE OWNERSHIP, POSSESSION, CARRYING, USE, TRANSPORTATION, OR TRANSFERRING OF A FIREARM, EXCEPT WITH REGARD TO THE NARROW CIRCUMSTANCES SPECIFIED IN SUBSECTION (3) OF THIS SECTION.

(2) (a)  EXCEPT UNDER THE CIRCUMSTANCES SPECIFIED IN SUBSECTION (3) OF THIS SECTION AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO MUNICIPALITY, COUNTY, OR CITY AND COUNTY SHALL HAVE THE AUTHORITY TO ENACT ANY ORDINANCE OR RESOLUTION THAT WOULD RESTRICT A PERSON'S ABILITY TO OWN, POSSESS, CARRY, USE, TRANSPORT, OR TRANSFER A FIREARM TO A GREATER EXTENT THAN THE PERSON'S ABILITY TO OWN, POSSESS, CARRY, USE, TRANSPORT, OR TRANSFER A FIREARM IS RESTRICTED BY STATE STATUTE OR FEDERAL LAW.

(b)  ANY ORDINANCE OR RESOLUTION THAT IMPOSES OR OTHERWISE RESULTS IN A GREATER PENALTY FOR VIOLATION OF SAID ORDINANCE OR RESOLUTION THAN WOULD BE IMPOSED FOR OR RESULT FROM VIOLATION OF A COMPARABLE STATE STATUTE OR FEDERAL LAW SHALL BE DEEMED TO BE A GREATER RESTRICTION THAN THAT IMPOSED BY STATE STATUTE OR FEDERAL LAW.

(3) (a)  A MUNICIPALITY, COUNTY, OR CITY AND COUNTY MAY ADOPT ORDINANCES OR RESOLUTIONS THAT ADDRESS THE REGULATION OF FIREARMS UNDER THE FOLLOWING CIRCUMSTANCES:

(I)  REGULATIONS TO PROHIBIT THE DISCHARGE OF FIREARMS WITHIN THE BOUNDARIES OF THE JURISDICTION ADOPTING THE REGULATION; EXCEPT THAT SUCH REGULATION SHALL NOT INFRINGE ON A PERSON'S ABILITY TO DEFEND SELF, OTHERS, OR PROPERTY AS PROVIDED IN PART 7 OF ARTICLE 1 OF THIS TITLE;

(II)  ZONING REGULATIONS THAT DIRECTLY OR INDIRECTLY RESULT IN THE REGULATION OF FIREARMS; EXCEPT THAT ANY SUCH ZONING REGULATION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 25­12­109, C.R.S.;

(III)  REGULATIONS THAT PROHIBIT THE FLOURISHING OF A FIREARM, INCLUDING BUT NOT LIMITED TO ANY AIR GUN, IN A MANNER LIKELY TO ALARM A REASONABLE PERSON;

(IV)  REGULATION OF FIREARMS IN ANY BUILDING WHOLLY OWNED OR OCCUPIED BY THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY OR BY A SPECIAL DISTRICT LOCATED WITHIN THE BOUNDARIES OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY AND REGULATION OF FIREARMS IN THE PORTION OF A BUILDING OCCUPIED BY THE OFFICES OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY;

(V)  REGULATION OF FIREARMS IN ANY BUILDING USED AS A COURTHOUSE OR IN ANY PORTION OF A BUILDING IN WHICH COURT IS CONVENED;

(VI)  REGULATION OF FIREARMS AT ANY SCHOOL, COLLEGIATE, OR PROFESSIONAL ATHLETIC EVENT THAT IS HELD AT A PUBLIC VENUE; EXCEPT THAT SUCH REGULATION MAY NOT PROHIBIT THE USE OF FIREARMS AT AN EVENT THAT INVOLVES FIREARMS;

(VII)  BUSINESS REGULATIONS OR LICENSING REQUIREMENTS THAT MAY RESULT IN THE INCIDENTAL REGULATION OF FIREARMS;

(VIII)  REGULATIONS APPLICABLE TO EMPLOYEES OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY, WHICHEVER IS APPROPRIATE, ACTING IN THE COURSE OF THEIR EMPLOYMENT THAT DIRECTLY OR INDIRECTLY RESULT IN THE REGULATION OF FIREARMS;

(IX)  REGULATIONS TO PROHIBIT A PERSON FROM KNOWINGLY FURNISHING A FIREARM TO ANY PERSON WHO IS VISIBLY UNDER THE INFLUENCE OF ALCOHOL OR ANY CONTROLLED SUBSTANCE OR WHO IS OTHERWISE PROHIBITED FROM POSSESSING A FIREARM UNDER FEDERAL OR STATE LAW;

(X)  REGULATION OF FIREARMS AT ANY ACTIVITY FOR WHICH THE SPONSORS OF SAID ACTIVITY ARE REQUIRED TO OBTAIN A PERMIT FROM THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY.

(b) (I)  IF A MUNICIPALITY, COUNTY, OR CITY AND COUNTY ADOPTS AN ORDINANCE OR RESOLUTION PURSUANT TO THIS SUBSECTION (3) THAT RESULTS IN PROHIBITING FIREARMS IN A SPECIFIED LOCATION, SAID MUNICIPALITY, COUNTY, OR CITY AND COUNTY SHALL POST SIGNS AT EACH ENTRANCE TO SAID LOCATION NOTIFYING THE PUBLIC THAT FIREARMS ARE PROHIBITED IN SAID LOCATION. SUCH SIGNS SHALL BE DESIGNED AND POSTED IN A MANNER AS TO BE EASILY READABLE BY ANY PERSON ENTERING SAID LOCATION.

(II)  IT SHALL BE AN EXCEPTION TO ANY ALLEGED VIOLATION OF AN ORDINANCE OR RESOLUTION DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IF EASILY READABLE SIGNS WERE NOT POSTED AT EACH ENTRANCE TO THE LOCATION IN WHICH FIREARMS WERE PROHIBITED.

(4)  ANY ORDINANCE OR RESOLUTION PASSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE DEEMED UNAUTHORIZED AND THEREFORE UNENFORCEABLE AS TO EVENTS OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

(5)  ANY RESOLUTION OR ORDINANCE ADOPTED PURSUANT TO SUBSECTION (3) OF THIS SECTION SHALL NOT BE INTERPRETED TO APPLY TO THE CARRYING OF A HANDGUN BY A PERSON WHO HAS BEEN ISSUED A WRITTEN PERMIT TO CARRY A CONCEALED HANDGUN PURSUANT TO PART 2 OF THIS ARTICLE. THE ABILITY OF A PERMIT HOLDER TO CARRY A CONCEALED HANDGUN SHALL BE REGULATED ONLY AS PROVIDED IN PART 2 OF THIS ARTICLE.

SECTION 2.  The introductory portions to 18­12­105 (2) and 18­12­105 (2) (b), Colorado Revised Statutes, are amended to read:

18­12­105.  Unlawfully carrying a concealed weapon ­ unlawful possession of weapons. (2)  It shall be an affirmative defense that the NOT BE AN OFFENSE UNDER THIS SECTION IF THE defendant was:

(b)  A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property; while traveling; or

SECTION 3.  18­12­105.5 (3) (c), Colorado Revised Statutes, is amended to read:

18­12­105.5.  Unlawfully carrying a weapon ­ unlawful possession of weapons ­ school, college, or university grounds. (3)  It shall not be an offense under this section if:

(c)  The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property; while traveling; or

SECTION 4.  29­7­101 (2), Colorado Revised Statutes, is amended to read:

29­7­101.  City or county may own and operate. (2)  Any county through its board of county commissioners shall have the power, authority, and jurisdiction to regulate and control public recreation lands and facilities owned or operated by the county by the promulgation of rules and regulations pursuant to a lawfully adopted resolution. The rules and regulations may include but are not limited to the following: Removal, destruction, mutilation, or defacing of any natural object or man­made object owned by the county; explosives; or any form of firearm; animal control; any public use, including boating, fishing, camping, or hunting; and polluting or littering. Any person violating any rule or regulation lawfully adopted pursuant to this subsection (2) commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars. It is the duty of the sheriff and the sheriff's undersheriff and deputies, in their respective counties, as well as any county enforcement personnel authorized and appointed as described in subsection (3), to enforce the rules and regulations adopted pursuant to this subsection (2), and the county courts in their respective counties have jurisdiction in the prosecution of any violation of a rule or regulation adopted pursuant to this subsection (2). If authorized by resolution, the penalty assessment procedure provided in section 16­2­201, C.R.S., may be followed by any arresting law enforcement officer for any violation of a rule or regulation adopted pursuant to this subsection (2). As part of a resolution authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for violations. The graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same person. All fines and forfeitures for the violation of county regulations adopted pursuant to this subsection (2) shall be paid into the treasury of the county at such times and in such manner as may be prescribed by resolution; or, if there is no resolution providing for the payment, it shall be paid to the county treasurer at once.

SECTION 5.  Repeal.  Part 3 of article 15 of title 30, Colorado Revised Statutes, is repealed.

SECTION 6. 30­15­401, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

30­15­401.  General regulations. (10)  A BOARD OF COUNTY COMMISSIONERS MAY ADOPT AN ORDINANCE THAT WOULD REGULATE FIREARMS ONLY AS PROVIDED IN SECTION 18­12­111, C.R.S.

SECTION 7.  31­15­401, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

31­15­401.  General police powers. (2)  THE GOVERNING BODY OF A MUNICIPALITY MAY ADOPT AN ORDINANCE OR RESOLUTION THAT WOULD REGULATE FIREARMS ONLY AS PROVIDED IN SECTION 18­12­111, C.R.S.

SECTION 8.  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.".

MESSAGE FROM THE HOUSE:

March 10, 1999

Mr. President:

The House has postponed indefinitely SB99-159. The bill is returned herewith.

The House has voted not to concur in the Senate amendments to HB99-1113 and requests that a conference committee be appointed. The Speaker has appointed Representatives Dean, chairman, King, and Bacon as House conferees on the First Conference Committee on HB99-1113. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

The House has voted not to concur in the Senate amendments to HB99-1209 and requests that a conference committee be appointed. The Speaker has appointed Representatives Allen, chairman, Dean, and Keller as House conferees on the First Conference Committee on HB99-1209. The House has granted authorization to go beyond the scope of the differences. The bill is transmitted herewith.

MESSAGE FROM THE REVISOR

March 10, 1999

We herewith transmit:

without comment, as amended, HB99-1187.

INTRODUCTION OF BILLS--FIRST READING

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

SB 99-210 by Senator Perlmutter; also Representative Witwer--Concerning acceptable proof of ability to pay a judgment for self-insurers.

Business Affairs & Labor

HB 99-1187 by Representatives Johnson, Bacon, Decker, Gotlieb, McKay, Spence, Takis, Tochtrop, T. Williams, Witwer, and Young; also Senators Dennis, Anderson, Perlmutter, and Phillips--Concerning the regulation of games of chance, and, in connection therewith, creating a charitable gaming board in the department of state, continuing licensing powers conferred upon the secretary of state by the Colorado constitution, redesignating the secretary of state as the administrative and enforcement authority for bingo and other games of chance, and making an appropriation.

State, Veterans, & Military Affairs

Appropriations

INTRODUCTION OF RESOLUTION

The following resolution was read by title:

SJR 99-016 by Senator Blickensderfer; also Representative Stengel--Concerning the recognition of Liberty Day and Liberty Month in Colorado.

Laid over one day under Senate Rule 30(b), and placed on the calendar of Thursday, March 11.

APPOINTMENTS TO CONFERENCE COMMITTEE

HB 99-1113 by Rep. Dean; Sen. Arnold--Charter School Funding

The President appointed Senators Arnold, Chairman, Anderson and Perlmutter as Senate Conferees on the First Conference Committee on HB99-1113.

SIGNING OF BILLS - RESOLUTIONS

The President has signed: HB99-1047, 1073, 1091, 1100, 1122, 1156.

The President has signed: HB99-1065 and 1130; also HJR99-1012

TRIBUTES--A POINT OF INTEREST

Honoring Delta Sigma Theta Sorority--by Senator Tanner

On motion of Senator Chlouber, the Senate adjourned until 9:00 a.m., Thursday, March 11, 1999.

Approved:


Ray Powers

President of the Senate

Attest:

Patricia K. Dicks

Secretary of the Senate