Prayer by Rabbi Takov Chaitovsky, BMH-BJ
Congregation, Denver.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--65.
The Speaker declared a quorum present.
_______________
On motion of Representative Grossman, the reading of the journal of February 11, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee
recommends the following:
HB98-1241 be postponed
indefinitely.
HB98-1362 be referred
to the Committee of the Whole with favorable recommendation.
SB98-19 be referred
to the Committee of the Whole with favorable recommendation.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee
recommends the following:
HB98-1175, 1360
be referred to the Committee on Appropriations with favorable
recommendation.
HB981221
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 1, strike everything below
the enacting clause and substitute the following:
"SECTION 1. Title
6, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW ARTICLE to read:
ARTICLE 19
Transactions Involving Licensed Hospitals
PART 1
GENERAL PROVISIONS
619101. Legislative declaration.
(1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES,
AND DECLARES THAT ALL LICENSED AND CERTIFIED HOSPITALS PROVIDE
A SERVICE TO THE PUBLIC BY MAKING HEALTH CARE SERVICES AVAILABLE
TO THE COMMUNITIES THEY SERVE.
(2) FURTHERMORE, ALL NONPROFIT HOSPITALS
HOLD ALL OF THEIR ASSETS IN TRUST, AND THOSE ASSETS ARE DEDICATED
TO THE SPECIFIC CHARITABLE PURPOSES SET FORTH IN THE ARTICLES
OF INCORPORATION OR OTHER ORGANIC DOCUMENTS OF THE NONPROFIT ENTITIES
THAT HOLD THEM IN TRUST. THE PUBLIC IS THE BENEFICIARY OF THIS
TRUST. NONPROFIT HOSPITALS HAVE A SUBSTANTIAL AND BENEFICIAL EFFECT
ON THE PROVISION OF HEALTH CARE TO THE PEOPLE OF COLORADO, PROVIDING
AS PART OF THEIR CHARITABLE PURPOSES UNCOMPENSATED CARE TO THE
UNINSURED OR UNDERINSURED AND INCLUDING, BUT NOT LIMITED TO, PROVIDING
MONEYS AND SUPPORT FOR HEALTH RELATED RESEARCH AND EDUCATION OR
OTHER COMMUNITY BENEFITS. THE GENERAL ASSEMBLY ALSO FINDS THAT
TRANSFERS OF THE ASSETS OF NONPROFIT HOSPITALS TO THE FORPROFIT
SECTOR MAY DIRECTLY AFFECT THE CHARACTER AND EXTENT OF THE CHARITABLE
USE OF THOSE ASSETS OR THE PROCEEDS FROM THE ASSETS. THE PUBLIC
ALSO HAS AN INTEREST IN KNOWING THAT THE TRANSFER OF THE ASSETS
OF A NONPROFIT HOSPITAL, OR THE PROCEEDS FROM THE ASSETS, PRESERVES,
TO THE EXTENT PRACTICABLE, THEIR CHARITABLE PURPOSE. THE GENERAL
ASSEMBLY BELIEVES IT IS IN THE BEST INTEREST OF THE PUBLIC TO
ENSURE THAT THE PUBLIC INTEREST IS FULLY PROTECTED WHENEVER THE
ASSETS OF A HOSPITAL ARE TRANSFERRED TO A FORPROFIT ENTITY
EXCEPT IN THE ORDINARY COURSE OF BUSINESS.
(3) THE GENERAL ASSEMBLY FURTHER FINDS
AND DECLARES THAT ALL TRANSFERS OF HOSPITAL ASSETS OR CONTROL
HAVE THE POTENTIAL TO IMPACT THE COMMUNITIES THEY SERVE. THIS
ARTICLE IS INTENDED TO PROTECT THE PUBLIC INTEREST, TO ASSURE
THAT NONPROFIT ASSETS OF HOSPITALS ARE PRESERVED TO SERVE THE
CHARITABLE PURPOSES TO WHICH THEY WERE DEDICATED, AND TO PROVIDE
THE PUBLIC NOTICE OF ALL TRANSFERS OF ASSETS OF HOSPITALS THAT
CONSTITUTE COVERED TRANSITIONS AS DEFINED IN THIS ARTICLE, AND
SHALL BE CONSTRUED WITH THESE PURPOSES IN MIND.
619102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "COVERED TRANSACTION"
MEANS ANY TRANSACTION THAT WOULD RESULT IN THE SALE, TRANSFER,
LEASE, EXCHANGE, OR OTHER DISPOSITION OF FIFTY PERCENT OR MORE
OF THE ASSETS OF A HOSPITAL. A SERIES OF TRANSACTIONS TAKING PLACE
IN ANY FIVEYEAR PERIOD, WHICH WOULD RESULT IN THE AGGREGATE
OF THE TRANSFER OF FIFTY PERCENT OR MORE OF A HOSPITAL'S ASSETS,
SHALL IN ALL CIRCUMSTANCES BE DEEMED TO BE A COVERED TRANSACTION.
"COVERED TRANSACTION" SHALL ALSO INCLUDE THE
SALE, TRANSFER, OR OTHER DISPOSITION OF THE CONTROL OF A PARENT
COMPANY, HOLDING COMPANY, OR OTHER ENTITY CONTROLLING A HOSPITAL.
FOR THE PURPOSES OF THIS SUBSECTION (1), "FIFTY PERCENT
OR MORE OF THE ASSETS" SHALL BE BASED ON THE FAIR MARKET
VALUE OF ALL OF THE ASSETS OF THE HOSPITAL.
(2) "FOR-PROFIT ENTITY"
MEANS A BUSINESS CORPORATION, GENERAL PARTNERSHIP, LIMITED PARTNERSHIP,
LIMITED LIABILITY LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP,
LIMITED LIABILITY COMPANY, LIMITED PARTNERSHIP ASSOCIATION, AND
COOPERATIVE.
(3) "HOSPITAL" MEANS
A LICENSED OR CERTIFIED HOSPITAL AS DESCRIBED IN SECTION 251107
(1) (l) (I) AND (1) (l) (II).
619103. Procedures for
covered transactions notice attorney general powers.
(1) THE PARTIES TO A COVERED
TRANSACTION SHALL PROVIDE NOTICE OF SUCH TRANSACTION TO THE ATTORNEY
GENERAL NO LATER THAN SIXTY DAYS PRIOR TO THE TRANSACTION CLOSING
OR EFFECTIVE DATE OF THE TRANSACTION. THE NOTICE TO THE ATTORNEY
GENERAL SHALL BE IN WRITING, SHALL INCLUDE THE INFORMATION REQUIRED
IN SECTION 619202, 619302, OR 619402,
AS APPLICABLE, AND SHALL CONTAIN A CERTIFICATION THAT PUBLIC NOTICE
OF THE TRANSACTION WILL BE GIVEN WITHIN SEVEN DAYS AFTER THE NOTIFICATION
TO ATTORNEY GENERAL.
(2) WHENEVER THE ATTORNEY GENERAL HAS
REASON TO BELIEVE THAT A PERSON HAS ENGAGED IN OR IS ENGAGING
IN A COVERED TRANSACTION WITHOUT COMPLYING WITH THE PROVISIONS
OF THIS ARTICLE, THE ATTORNEY GENERAL MAY APPLY FOR AND OBTAIN,
IN AN ACTION IN THE APPROPRIATE DISTRICT COURT OF THIS STATE,
A TEMPORARY RESTRAINING ORDER OR INJUNCTION, OR BOTH, PURSUANT
TO THE COLORADO RULES OF CIVIL PROCEDURE, PROHIBITING SUCH PERSON
FROM CONTINUING SUCH NONCOMPLIANCE OR ENGAGING THEREIN OR DOING
ANY ACT IN FURTHERANCE THEREOF. THE COURT MAY MAKE SUCH FURTHER
ORDERS OR JUDGMENTS, AT LAW OR IN EQUITY, AS MAY BE NECESSARY
TO REMEDY SUCH NONCOMPLIANCE.
619104. Attorney general
affect on powers. (1) NOTHING
IN THIS ARTICLE SHALL BE CONSTRUED AS LIMITING THE ATTORNEY GENERAL'S
COMMON LAW POWERS.
(2) NOTHING IN THIS ARTICLE SHALL AFFECT
THE REGULATORY AUTHORITY OF ANY GOVERNMENT AGENCY OTHER THAN THE
DEPARTMENT OF LAW.
PART 2
NONPROFIT TO NONPROFIT TRANSACTIONS
619201. Scope of part 2.
THIS PART 2 APPLIES TO COVERED TRANSACTIONS INVOLVING A NONPROFIT
HOSPITAL AND ANOTHER NONPROFIT ENTITY.
619202. Notice.
NOTICE SHALL BE PROVIDED BY THE PARTIES TO A COVERED TRANSACTION
ACCORDING TO SECTION 619103, AND SHALL INCLUDE A STATEMENT
ON THE CHARITABLE PURPOSES OF EACH NONPROFIT ENTITY ENTERING INTO
THE COVERED TRANSACTION AS WELL AS A STATEMENT CONCERNING THE
RELATIONSHIP OF THESE PURPOSES TO THE HOSPITAL INVOLVED IN THE
TRANSACTION. THE STATEMENT MAY INCLUDE A CERTIFICATION BY THE
CHIEF EXECUTIVE OFFICER AS APPROVED BY THE BOARD OF DIRECTORS
OR BOARD OF TRUSTEES OF THE NONPROFIT ENTITY TRANSFERRING ITS
ASSETS THAT THERE WILL BE NO MATERIAL CHANGE IN THE CHARITABLE
PURPOSES TO WHICH THE TRANSFERRED ASSETS ARE DEDICATED AS A RESULT
OF THE TRANSACTION.
619203. Attorney general
review and assessment. (1) A
COVERED TRANSACTION UNDER THIS PART 2 THAT WILL NOT RESULT IN
A MATERIAL CHANGE IN THE CHARITABLE PURPOSES TO WHICH THE ASSETS
OF THE HOSPITAL HAVE BEEN DEDICATED, AND WILL NOT RESULT IN A
TERMINATION OF THE ATTORNEY GENERAL'S JURISDICTION OVER THOSE
ASSETS CAUSED BY A TRANSFER OF A MATERIAL AMOUNT OF THOSE ASSETS
OUTSIDE OF THE STATE OF COLORADO, SHALL PROCEED WITHOUT FURTHER
REVIEW.
(2) (a) WHEN A TRANSACTION COVERED
BY THIS PART 2 WILL RESULT IN A MATERIAL CHANGE IN THE CHARITABLE
PURPOSES TO WHICH THE ASSETS OF THE HOSPITAL HAVE BEEN DEDICATED,
OR A TERMINATION OF THE ATTORNEY GENERAL'S JURISDICTION OVER THE
HOSPITAL ASSETS CAUSED BY A TRANSFER OF A MATERIAL AMOUNT OF THOSE
ASSETS OUTSIDE THE STATE OF COLORADO, THE ATTORNEY GENERAL MAY
EXERCISE HIS OR HER COMMON LAW AUTHORITY TO ASSESS AND REVIEW
OR CHALLENGE THE TRANSACTION AS DEEMED APPROPRIATE BY THE ATTORNEY
GENERAL. IF THE ATTORNEY GENERAL DECIDES TO CONDUCT AN ASSESSMENT
OR REVIEW THE FOLLOWING PROVISIONS SHALL APPLY TO SUCH ACTIONS
OF THE ATTORNEY GENERAL:
(b) THE ATTORNEY GENERAL SHALL PERFORM
A REVIEW AND ASSESSMENT TO THE EXTENT PRACTICABLE AND WITH DUE
CONSIDERATION TO THE FINANCIAL CIRCUMSTANCES OF THE PARTIES TO
THE TRANSACTION. THE ATTORNEY GENERAL IS FURTHER AUTHORIZED TO:
(I) HIRE EXPERTS, AT THE EXPENSE OF THE
PARTIES TO THE TRANSACTION, AS SIMILARLY PROVIDED FOR IN SECTION
619406 (1) (b) AND TO ACCEPT AND EXPEND GRANTS OR
DONATIONS, OR BOTH, AS SIMILARLY PROVIDED FOR IN SECTION 619
406 (1) (e);
(II) CONTRACT AND CONSULT WITH OTHER STATE
AGENCIES AS SIMILARLY PROVIDED FOR IN SECTION 619406
(1) (a);
(III) REQUIRE PRODUCTION OF MATERIAL DOCUMENTATION,
SUCH AS THE PROPOSED AGREEMENTS RELATING TO THE PROPOSED TRANSACTION,
AGREEMENTS REGARDING COLLATERAL TRANSACTIONS RELATING TO THE PROPOSED
TRANSACTION, AND ANY REPORTS OF FINANCIAL AND ECONOMIC ANALYSIS
THAT THE NONPROFIT ENTITY REVIEWED OR RELIED ON IN NEGOTIATING
THE PROPOSED TRANSACTION. THESE DOCUMENTS SHALL BE TREATED IN
THE SAME MANNER AS SET FORTH IN SECTION 619404 (4);
AND
(IV) HOLD A PUBLIC HEARING AS SIMILARLY
PROVIDED FOR IN SECTION 619404 (1). THE ATTORNEY GENERAL
SHALL PROVIDE A WRITTEN DETERMINATION, WITHIN THE TIME FRAMES
OR EXTENDED TIME FRAMES AS SIMILARLY PROVIDED FOR IN SECTION 619402
(2).
(c) THE ATTORNEY GENERAL SHALL HAVE THE
AUTHORITY TO ALLOW A TRANSACTION THAT SATISFIES THE FOLLOWING
CRITERIA:
(I) THE ASSETS CONTINUE TO BE DEDICATED
TO CHARITABLE PURPOSES;
(II) THE DIRECTORS OR TRUSTEES OF THE
PARTIES TO THE TRANSACTION HAVE NOT ACTED UNREASONABLY IN LIGHT
OF THE FINANCIAL CIRCUMSTANCES OF THE PARTIES;
(III) THE DIRECTORS OR TRUSTEES OF THE
PARTIES TO THE TRANSACTION HAVE NOT ACTED UNREASONABLY IN ACCOMMODATING
THE AFFECTED COMMUNITY OR COMMUNITIES; AND
(IV) THE DIRECTORS OR TRUSTEES OF THE
PARTIES TO THE TRANSACTION HAVE NOT BREACHED THEIR FIDUCIARY DUTIES
OR OTHERWISE ENGAGED IN MISCONDUCT IN SUCH TRANSACTION.
(d) THE ATTORNEY GENERAL SHALL LIBERALLY
CONSTRUE THE CRITERIA SET FORTH IN PARAGRAPH (c) OF THIS SUBSECTION
(2) IN FAVOR OF ALLOWING A TRANSACTION TO PROCEED.
PART 3
FORPROFIT TO FORPROFIT TRANSACTIONS
619301. Scope of part 3.
THIS PART 3 APPLIES TO COVERED TRANSACTIONS WHERE THE PARTIES
INVOLVED IN THE TRANSACTION ARE ALL FORPROFIT ENTITIES.
619302. Notice.
THE PARTIES TO A COVERED TRANSACTION GOVERNED BY THIS PART 3 SHALL
PROVIDE THE NOTICE REQUIRED BY SECTION 619103.
PART 4
NONPROFIT TO FORPROFIT TRANSACTIONS
619401. Scope of part 4.
THIS PART 4 APPLIES TO COVERED TRANSACTIONS INVOLVING A NONPROFIT
HOSPITAL AND A FORPROFIT ENTITY.
619402. Notice and filing.
(1) THE NOTICE AND FILING PROVIDED TO THE ATTORNEY
GENERAL PURSUANT TO SECTION 619103 SHALL INCLUDE ALL
PROPOSED AGREEMENTS RELATING TO THE PROPOSED TRANSACTION, ALL
AGREEMENTS REGARDING COLLATERAL TRANSACTIONS THAT RELATE TO THE
PRINCIPAL TRANSACTION, ANY REPORTS OF FINANCIAL AND ECONOMIC ANALYSIS
THAT THE NONPROFIT ENTITY REVIEWED OR RELIED ON IN NEGOTIATING
THE PROPOSED TRANSACTION, AND AN EXPLANATION OF HOW THE COMPLETED
TRANSACTION WILL COMPLY WITH THE REQUIREMENTS OF SECTION 619403.
THE ATTORNEY GENERAL SHALL NOTIFY THE PARTIES TO THE TRANSACTION
IF THE FILING OR SCHEDULE FOR FILING IS COMPLETE OR INCOMPLETE
WITHIN THIRTY DAYS AFTER THE INITIAL FILING AND SHALL SPECIFY
THE OMITTED DOCUMENTATION IF INCOMPLETE.
(2) WITHIN SIXTY DAYS AFTER THE COMPLETE
FILING REQUIRED BY THIS SECTION, THE ATTORNEY GENERAL SHALL NOTIFY
IN WRITING THE PARTIES TO THE TRANSACTION OF THE RESULTS AND CONCLUSIONS
OF THE REVIEW AND ASSESSMENT. THE ATTORNEY GENERAL MAY EXTEND
THIS PERIOD FOR AN ADDITIONAL PERIOD OF UP TO NINETY DAYS IF THE
ATTORNEY GENERAL DETERMINES, FOR GOOD CAUSE, THAT ADDITIONAL TIME
IS WARRANTED AND SO ADVISES THE PARTIES IN WRITING. THE ATTORNEY
GENERAL SHALL NOTIFY THE PARTIES OF ANY EXTENSION AS SOON AS POSSIBLE.
619403. Certification and
criteria. (1) THE PROPOSED
TRANSACTION SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION AND
THE PARTIES TO THE TRANSACTION SHALL INCLUDE IN THE FILING REQUIRED
BY SECTION 619402, DOCUMENTATION AND CERTIFICATION
FROM THE PARTIES, EITHER JOINT OR SEVERAL AS APPROPRIATE, THAT
THE COVERED TRANSACTION WILL COMPLY WITH THE FOLLOWING:
(a) THE TRANSACTION SHALL BE IN THE PUBLIC
INTEREST. A TRANSACTION IS NOT IN THE PUBLIC INTEREST UNLESS APPROPRIATE
STEPS HAVE BEEN TAKEN TO SAFEGUARD THE VALUE OF NONPROFIT HOSPITAL
ASSETS BEING TRANSFERRED AND TO ENSURE THAT ANY PROCEEDS OF THE
TRANSACTION ARE DEDICATED TO THE CHARITABLE PURPOSES.
(b) THE TRANSACTION RESULTS IN CONTINUING
ACCESS TO HEALTH CARE SERVICES FOR THE AFFECTED COMMUNITY.
(c) NO DIRECTOR, OFFICER OF THE BOARD,
CHIEF EXECUTIVE OFFICER, CHIEF OPERATING OFFICER, OR CHIEF FINANCIAL
OFFICER OF THE NONPROFIT ENTITY SUBMITTING THE FILING OR A NONPROFIT
CHARITABLE ORGANIZATION RECEIVING THE PROCEEDS OF THE COVERED
TRANSACTION SHALL BENEFIT DIRECTLY OR INDIRECTLY FROM THE TRANSACTION.
(d) THE NONPROFIT ENTITY PROPOSING THE
TRANSACTION SHALL USE DUE DILIGENCE IN SELECTING THE FORPROFIT
ENTITY THAT IS A PARTY TO THE TRANSACTION AND IN NEGOTIATING THE
PRICE AND OTHER TERMS AND CONDITIONS OF THE TRANSACTION.
(e) PROCEEDS OF THE COVERED TRANSACTION
SHALL BE SET ASIDE IN AN AMOUNT EQUAL TO THE FAIR MARKET VALUE
OF THE HOSPITAL ASSETS BEING TRANSFERRED. FAIR MARKET VALUE SHALL
BE DETERMINED AT THE TIME OF THE TRANSACTION AND INCLUDE CONSIDERATION
OF MARKET VALUE, GOING CONCERN VALUE, NET ASSET VALUE, AND ANY
OTHER SIGNIFICANT RELEVANT FACTORS.
(f) THE DISTRIBUTION OF THE PROCEEDS OF
THE COVERED TRANSACTION SHALL BE MADE ONLY TO ONE OR MORE EXISTING
OR NEW CHARITABLE ORGANIZATIONS OPERATING PURSUANT TO 26 U.S.C.
SEC. 501 (c) (3) OF THE FEDERAL "INTERNAL REVENUE CODE
OF 1986", AS AMENDED.
(g) EACH NONPROFIT CHARITABLE ORGANIZATION
RECEIVING THE PROCEEDS OF THE COVERED TRANSACTION, ITS DIRECTORS,
OFFICERS, AND STAFF SHALL BE AND REMAIN INDEPENDENT OF THE PARTIES
TO THE TRANSACTION AND THEIR AFFILIATES. EXCEPT AS PROVIDED IN
THIS SUBSECTION (6), NO PERSON WHO IS A DIRECTOR, OFFICER OF THE
BOARD, CHIEF EXECUTIVE OFFICER, CHIEF OPERATING OFFICER, OR CHIEF
FINANCIAL OFFICER OF ANY PARTY TO THE TRANSACTION SUBMITTING THE
NOTICE AND FILING, AT THE TIME THE NOTICE IS SUBMITTED OR AT THE
TIME OF THE TRANSACTION, SHALL BE QUALIFIED TO BE AN OFFICER OF
THE BOARD, CHIEF EXECUTIVE OFFICER, CHIEF OPERATING OFFICER, OR
CHIEF FINANCIAL OFFICER OF THE NONPROFIT CHARITABLE ORGANIZATION
RECEIVING THE PROCEEDS OF THE COVERED TRANSACTION. THE NONPROFIT
ENTITY THAT IS A PARTY TO THE PROPOSED TRANSACTION SHALL INCLUDE
IN ITS NOTICE AND FILING THE PROPOSED MEMBERSHIP OF THE INITIAL
BOARD OF DIRECTORS OF THE NONPROFIT CHARITABLE ORGANIZATION THAT
IS TO RECEIVE THE PROCEEDS OF THE COVERED TRANSACTION THAT SHALL
REPRESENT THE DIVERSE INTERESTS OF THE AFFECTED COMMUNITIES AND
INCLUDE PERSONS FROM THE AREA AFFECTED BY THE TRANSACTION. NOTWITHSTANDING
THE REQUIREMENTS OF THIS SUBSECTION (6), EACH NONPROFIT CHARITABLE
ORGANIZATION RECEIVING THE PROCEEDS OF THE COVERED TRANSACTION
MAY HAVE PERSONS AFFILIATED WITH PARTIES TO THE TRANSACTION OR
THEIR AFFILIATES SERVE ON ITS BOARD OF DIRECTORS PROVIDED THAT
SUCH PERSONS DO NOT CONSTITUTE MORE THAN ONE THIRD OF THE MEMBERS
OF THE BOARD.
(h) A NONPROFIT CHARITABLE ORGANIZATION
RECEIVING THE PROCEEDS OF THE COVERED TRANSACTION SHALL PUT MECHANISMS
IN PLACE TO AVOID CONFLICTS OF INTEREST AND TO PROHIBIT GRANTS
OR OTHER ACTIONS BENEFITING ITS BOARD OF DIRECTORS OR MANAGEMENT
BEYOND THE REASONABLE VALUE OF THEIR SERVICES OR SUBSTANTIALLY
BENEFITING THE FORPROFIT ENTITY.
(i) THE CHARITABLE MISSION AND FUNCTIONS
OF THE NONPROFIT CHARITABLE ORGANIZATION RECEIVING THE PROCEEDS
OF THE COVERED TRANSACTION SHALL REFLECT THE HISTORICAL CHARITABLE
PURPOSES OF THE NONPROFIT ENTITY PROPOSING THE TRANSACTION.
619404. Attorney general review. (1) NO LATER THAN THIRTY DAYS AFTER THE ATTORNEY GENERAL HAS RECEIVED THE COMPLETED NOTICE AND FILING PURSUANT TO SECTION 619402, THE ATTORNEY GENERAL SHALL HOLD AT LEAST ONE PUBLIC HEARING IN THE SERVICE AREA OF THE HOSPITAL INVOLVED IN THE TRANSACTION, AT WHICH THE ATTORNEY GENERAL SHALL ALLOW ANY PERSON TO EITHER FILE WRITTEN COMMENTS AND EXHIBITS OR APPEAR AND MAKE A STATEMENT ABOUT ANY ASPECT OF THE TRANSACTION, INCLUDING, BUT NOT LIMITED TO, WHETHER THE PROPOSED TRANSACTION COMPLIES WITH THE REQUIREMENTS OF SECTION 619403. AT LEAST SEVEN DAYS PRIOR TO EACH PUBLIC HEARING, THE ATTORNEY GENERAL SHALL SUBMIT A PRESS RELEASE PROVIDING PERTINENT INFORMATION ABOUT THE HEARING, INCLUDING THE TIME AND PLACE OF THE HEARING, TO ONE OR MORE NEWSPAPERS OF GENERAL CIRCULATION IN THE AFFECTED COMMUNITIES AND NOTIFY THE MAYOR OF THE CITY OR CITY AND COUNTY AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE HOSPITAL IS LOCATED. THE PUBLIC HEARING SHALL BE A LEGISLATIVE RATHER THAN AN ADJUDICATIVE HEARING.
(2) THE ATTORNEY GENERAL SHALL HAVE THE
POWER TO SUBPOENA DOCUMENTS OR WITNESSES, REQUIRE AND ADMINISTER
OATHS, AND REQUIRE STATEMENTS AT ANY TIME THAT ARE REASONABLY
NECESSARY TO ASSESS AN APPLICATION OR MONITOR COMPLIANCE WITH
THIS SECTION.
(3) IF ANY PERSON FAILS TO COOPERATE WITH
ANY INVESTIGATION PURSUANT TO THIS SECTION OR FAILS TO OBEY ANY
SUBPOENA ISSUED PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL
MAY APPLY TO THE APPROPRIATE DISTRICT COURT FOR AN APPROPRIATE
ORDER TO EFFECT THE PURPOSES OF THIS SECTION. THE APPLICATION
SHALL STATE THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT
THE ORDER APPLIED FOR IS NECESSARY TO CARRY OUT THE ATTORNEY GENERAL'S
DUTIES UNDER THIS SECTION. IF THE COURT IS SATISFIED THAT REASONABLE
GROUNDS EXIST THE COURT, IN ITS ORDER, MAY:
(a) REQUIRE THE ATTENDANCE OF OR THE PRODUCTION
OF DOCUMENTS BY SUCH PERSON, OR BOTH;
(b) GRANT SUCH OTHER OR FURTHER RELIEF
AS MAY BE NECESSARY TO OBTAIN COMPLIANCE BY SUCH PERSON.
(4) EXCEPT FOR DOCUMENTS THE ATTORNEY
GENERAL DETERMINES TO BE CONFIDENTIAL AS A MATTER OF LAW, THE
DOCUMENTS FILED PURSUANT TO SECTION 619402 SHALL BE
AVAILABLE TO THE PUBLIC FOR REVIEW AND COPYING DURING NORMAL BUSINESS
HOURS AT BOTH THE ATTORNEY GENERAL'S OFFICE AND THE OFFICES OF
THE PARTIES TO THE TRANSACTION. REASONABLE COSTS OF COPYING SHALL
BE BORNE BY THE PARTIES IF COPIES ARE REQUESTED AT THEIR OFFICES.
619405. Posttransaction
requirements. FOR A PERIOD OF NOT LESS
THAN FIVE YEARS, THE NONPROFIT CHARITABLE ORGANIZATION RECEIVING
THE PROCEEDS OF THE COVERED TRANSACTION SHALL PROVIDE THE ATTORNEY
GENERAL WITH AN ANNUAL REPORT OF ITS GRANTMAKING AND OTHER
CHARITABLE ACTIVITIES RELATED TO ITS USE OF THE PROCEEDS OF THE
COVERED TRANSACTION RECEIVED. FOR A PERIOD OF NOT LESS THAN FIVE
YEARS, THE FORPROFIT ENTITY SHALL PROVIDE THE ATTORNEY GENERAL
WITH AN ANNUAL REPORT DETAILING ITS ACTIVITIES TO SATISFY THE
REQUIREMENTS OF SECTION 619403 AT THE TIME OF THE
REVIEW AND ASSESSMENT. THESE ANNUAL REPORTS SHALL BE MADE AVAILABLE
TO THE PUBLIC AT THE ATTORNEY GENERAL'S OFFICE, THE OFFICE OF
THE NONPROFIT CHARITABLE ORGANIZATION, AND THE OFFICES OF THE
PARTIES TO THE COVERED TRANSACTION. THE ANNUAL REPORT SHALL BE
FILED NO LATER THAN NINETY DAYS AFTER THE YEAR THAT THE REPORT
ADDRESSES.
619406. Attorney general
powers. (1) THE ATTORNEY GENERAL
HAS THE FOLLOWING POWERS:
(a) TO CONTRACT WITH, CONSULT WITH, AND
RECEIVE ADVICE FROM ANY STATE AGENCY ON THOSE TERMS AND CONDITIONS
THAT THE ATTORNEY GENERAL AND THE EXECUTIVE DIRECTOR DEEM APPROPRIATE;
(b) TO CONTRACT WITH PARTIES INCLUDING,
BUT NOT LIMITED TO, ATTORNEYS, ACCOUNTANTS, ACTUARIES, FINANCIAL
ANALYSTS, AND HEALTH CARE ANALYSTS AS IS REASONABLE AND NECESSARY
TO ASSIST IN REVIEWING A PROPOSED TRANSACTION. CONTRACT COSTS
SHALL BE BORNE BY THE PARTIES TO THE TRANSACTION AND SHALL NOT
EXCEED AN AMOUNT THAT IS REASONABLY NECESSARY TO CONDUCT THE REVIEW
AND ASSESSMENT;
(c) TO ADOPT REGULATIONS OR GUIDELINES
AS NECESSARY IN ORDER TO CARRY OUT THE REQUIREMENTS OF THIS SECTION;
(d) THE DISCRETION TO DETERMINE, CONSISTENT
WITH THE REQUIREMENTS OF SECTION 619404, THE DEGREE
OF ADMINISTRATIVE REVIEW OF THE TRANSACTION THAT IS NECESSARY
TO DETERMINE WHETHER THE TRANSACTION CONFORMS WITH THE REQUIREMENTS
OF SECTION 619403. THIS DETERMINATION SHALL BE MADE
BY TAKING INTO CONSIDERATION, AMONG OTHER THINGS, THE SIZE OF
THE TRANSACTION, THE SIZE OF ALL COMMUNITIES AFFECTED BY THE TRANSACTION,
THE IMPACT ON THE COMMUNITIES, AND THE PAST PERFORMANCE OF THE
FORPROFIT ENTITY.
(e) TO ACCEPT AND EXPEND GRANTS OR DONATIONS,
OR BOTH, NOT TO EXCEED FIFTY THOUSAND DOLLARS FOR THE PURPOSE
OF THE IMPLEMENTATION OF THIS ARTICLE. ANY SUCH GRANTS OR DONATIONS
SHALL BE DEPOSITED INTO AND EXPENDED FROM THE NONPROFIT HEALTH
CARE ENTITY REVIEW CASH FUND CREATED IN PARAGRAPH (f) OF THIS
SUBSECTION (1).
(f) TO REQUEST AND RECEIVE FROM THE FORPROFIT
ENTITY SUCH SUMS AS MAY BE PRESCRIBED BY THE ATTORNEY GENERAL
TO COVER THE NECESSARY AND ACTUAL COSTS FOR MONITORING FOR THE
ENSUING FIVEYEAR PERIOD TO ENSURE THAT THE TRANSACTION REMAINS
IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 619403.
ANY MONEYS COLLECTED PURSUANT TO THIS PARAGRAPH (f) SHALL BE TRANSMITTED
TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE NONPROFIT
HEALTH CARE ENTITY REVIEW CASH FUND, WHICH FUND IS HEREBY CREATED
IN THE STATE TREASURY. THE MONEYS IN SUCH FUND SHALL BE CONTINUOUSLY
APPROPRIATED FOR THE DIRECT AND INDIRECT COSTS OF SUCH MONITORING.
IN ACCORDANCE WITH SECTION 2436114, C.R.S., ALL INTEREST
DERIVED FROM THE DEPOSIT AND INVESTMENT OF THIS FUND SHALL BE
CREDITED TO THE GENERAL FUND.
(g) TO HOLD A HEARING AFTER TWENTY DAYS'
NOTICE TO THE AFFECTED PARTIES IF THE ATTORNEY GENERAL RECEIVES
INFORMATION THAT THE ATTORNEY GENERAL DEEMS SUFFICIENT TO INDICATE
THAT THE NONPROFIT CHARITABLE ORGANIZATION OR FORPROFIT
ENTITY MAY NOT BE FULFILLING ITS OBLIGATIONS PURSUANT TO SECTION
6-19-403. IF, AFTER SUCH HEARING, THE ATTORNEY GENERAL DETERMINES
THAT PROOF OF THE NONCOMPLIANCE IS PROBABLE, HE OR SHE SHALL INSTITUTE
PROCEEDINGS IN DISTRICT COURT TO REQUIRE CORRECTIVE ACTION. THE
ATTORNEY GENERAL SHALL RETAIN OVERSIGHT OF THE CORRECTIVE ACTION
FOR AS LONG AS NECESSARY TO ENSURE COMPLIANCE. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO LIMIT THE ATTORNEY GENERAL'S POWER
TO ENFORCE COMPLIANCE WITH THIS SECTION AFTER THE EXPIRATION OF
THE FIVEYEAR PERIOD CONTEMPLATED BY PARAGRAPH (f) OF THIS
SUBSECTION (1).
619407. Attorney general
review and assessment. (1) THE
ATTORNEY GENERAL MAY REVIEW ANY NOTICE AND FILING MADE UNDER THIS
PART 4 AND ASSESS WHETHER THE PROPOSED TRANSACTION COMPLIES WITH
THE REQUIREMENTS OF SECTION 619403.
(2) IF, AFTER REVIEW AND ASSESSMENT, THE
ATTORNEY GENERAL CONCLUDES THAT ALL OF THE REQUIREMENTS OF SECTION
619403 HAVE BEEN MET, THE ATTORNEY GENERAL SHALL ISSUE
A WRITTEN ASSESSMENT AND CONCLUSION TO SUCH EFFECT ON THE PROPOSED
TRANSACTION. IF THE ATTORNEY GENERAL CONCLUDES AFTER DISCUSSIONS
WITH THE PARTIES TO THE TRANSACTION, THAT ALL OF THE REQUIREMENTS
OF SECTION 619403 HAVE NOT BEEN MET, OR IF THE ATTORNEY
GENERAL IS UNABLE TO CONCLUDE WHETHER OR NOT ALL OF THE REQUIREMENTS
OF SECTION 619403 HAVE BEEN MET, THE ATTORNEY GENERAL
SHALL ISSUE A WRITTEN ASSESSMENT AND CONCLUSION TO SUCH EFFECT
ON THE PROPOSED TRANSACTION. SUCH NONCONCLUSIVE OR NONCOMPLYING
ASSESSMENT AND CONCLUSION SHALL INCLUDE SPECIFIC FINDINGS ON EACH
OF THE REQUIREMENTS OF SECTION 619403. THE ATTORNEY
GENERAL MAY ALSO ISSUE A WRITTEN STATEMENT THAT A FORMAL ASSESSMENT
AND REVIEW HAS NOT BEEN DETERMINED NECESSARY FOR THE COVERED TRANSACTION
OR THAT THE TRANSACTION DOES NOT CONSTITUTE A COVERED TRANSACTION.
(3) THE ATTORNEY GENERAL MAY CHALLENGE
ANY PROPOSED TRANSACTION AT ANY TIME THROUGH INJUNCTION, DECLARATORY
ORDER, OR OTHERWISE, IN THE DISTRICT COURT OF THE JURISDICTION
IN WHICH THE NONPROFIT ENTITY PROPOSING THE TRANSACTION HAS ITS
PRINCIPAL PLACE OF BUSINESS OR WHERE THE HOSPITAL INVOLVED IN
THE TRANSACTION IS LOCATED. IF THE ATTORNEY GENERAL'S ASSESSMENT
AND REVIEW UNDER THIS SECTION IS CHALLENGED IN COURT THE ATTORNEY
GENERAL'S CONCLUSIONS SHALL BE THE FOCUS OF THE REVIEW BY THE
REVIEWING COURT AND SHALL BE GIVEN STRONG DEFERENCE BY SUCH COURT.
THE BURDEN SHALL BE UPON THE PROPONENTS OF THE TRANSACTION TO
ESTABLISH THAT THE ATTORNEY GENERAL'S CONCLUSIONS ARE NOT IN CONFORMANCE
WITH STATUTORY PROVISIONS. THE COURT SHALL HAVE THE POWER TO ISSUE
WHATEVER ORDERS ARE NECESSARY TO ENSURE COMPLIANCE WITH THE PROVISIONS
OF SECTION 619403.
SECTION 20 725107,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
725107. Sale, lease, exchange,
or mortgage of assets. (2) COVERED
TRANSACTIONS INVOLVING A NONPROFIT LICENSED OR CERTIFIED HOSPITAL
SHALL ALSO COMPLY WITH THE PROVISIONS OF ARTICLE 19 OF TITLE 6,
C.R.S.
SECTION 30 726103,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
726103. Distribution of
assets. (2) COVERED TRANSACTIONS
INVOLVING A NONPROFIT LICENSED OR CERTIFIED HOSPITAL SHALL COMPLY
WITH THE PROVISIONS OF ARTICLE 19 OF TITLE 6, C.R.S..
SECTION 4. Applicability.
This act shall apply to all transactions occurring on or after
the effective date of this act.
SECTION 5. 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.".
HB98-1243 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 21 through
25 and substitute the following:
"TO THE PROVISIONS OF PART 3 OR 4 OF THIS
ARTICLE, EXCEPT SUPPLEMENTAL POLICIES THAT COVER A SPECIFIC DISEASE
OR OTHER LIMITED BENEFIT, AND ENTITIES THAT PROVIDE DENTAL BENEFITS
EXCLUSIVELY, SHALL PROVIDE COVERAGES FOR GENERAL ANESTHESIA WHEN
RENDERED IN A HOSPITAL, OUTPATIENT SURGICAL FACILITY, OR OTHER
FACILITY LICENSED PURSUANT TO SECTION 25-3-101, C.R.S., AND FOR
ASSOCIATED HOSPITAL OR".
Page 3, strike lines 3 through 8 and substitute the
following:
"OPINION, SATISFY ONE OR MORE OF THE FOLLOWING
CRITERIA:
(I) THE CHILD HAS A PHYSICAL, MENTAL,
OR MEDICALLY COMPROMISING CONDITION; OR
(II) THE CHILD HAS DENTAL NEEDS FOR WHICH
LOCAL ANESTHESIA IS INEFFECTIVE BECAUSE OF ACUTE INFECTION, ANATOMIC
VARIATIONS, OR ALLERGY; OR
(III) THE CHILD IS AN EXTREMELY UNCOOPERATIVE,
UNMANAGEABLE, ANXIOUS, OR UNCOMMUNICATIVE CHILD OR ADOLESCENT
WITH DENTAL NEEDS DEEMED SUFFICIENTLY IMPORTANT THAT DENTAL CARE
CANNOT BE DEFERRED; OR
(IV) THE CHILD HAS SUSTAINED EXTENSIVE
OROFACIAL AND DENTAL TRAUMA.";
line 10, strike "OF" and substitute
"FOR GENERAL ANESTHESIA AND OUTPATIENT SURGICAL FACILITIES
OR";
line 15, strike "A FULLY ACCREDITED"
and substitute "AN EDUCATIONALLY QUALIFIED";
line 16, strike "FULLY ACCREDITED"
and substitute "EDUCATIONALLY QUALIFIED".
HB98-1257, 1277, 1294, 1338
be postponed indefinitely.
JUDICIARY
After consideration on the merits, the Committee
recommends the following:
HB98-1107 be postponed
indefinitely.
HB98-1197 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 3, after line 23, insert
the following:
"SECTION 3. Part
1 of article 1 of title 17, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
171127. Appropriation to
comply with section 22703.
(1) PURSUANT TO SECTION 22703, C.R.S.,
THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS
MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 98-1197, ENACTED
AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST GENERAL
ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY
1, 1998, THE GENERAL ASSEMBLY HAS DETERMINED THAT THIS ACT CAN
BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS, AND THEREFORE NO
SEPARATE APPROPRIATION OF STATE MONEYS IS NECESSARY TO CARRY OUT
THE PURPOSES OF THIS ACT.
(b) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, FOR ALLOCATION
TO THE YOUTHFUL OFFENDER SYSTEM, OUT OF ANY MONEYS IN THE GENERAL
FUND NOT OTHERWISE APPROPRIATED, THE SUM OF THIRTY-FIVE THOUSAND
SEVEN HUNDRED NINETY-ONE DOLLARS ($35,791).
(c) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, FOR ALLOCATION
TO THE YOUTHFUL OFFENDER SYSTEM, OUT OF ANY MONEYS IN THE GENERAL
FUND NOT OTHERWISE APPROPRIATED, THE SUM OF SEVENTY-ONE THOUSAND
FIVE HUNDRED EIGHTY-TWO DOLLARS ($71,582).
(d) FOR THE FISCAL YEAR BEGINNING JULY
1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, FOR ALLOCATION
TO THE YOUTHFUL OFFENDER SYSTEM, OUT OF ANY MONEYS IN THE GENERAL
FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED SEVEN
THOUSAND THREE HUNDRED SEVENTY-THREE DOLLARS ($107,373).
(e) FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, FOR ALLOCATION TO THE YOUTHFUL OFFENDER SYSTEM, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED FORTY-THREE THOUSAND ONE HUNDRED SIXTY-FOUR DOLLARS ($143,164).".
Renumber succeeding section accordingly.
Page 1, line 103, strike "FELONIES."
and substitute "FELONIES, AND MAKING AN APPROPRIATION THEREFOR.".
HB981255
be amended as follows, and as so amended, be referred to the Committee
on Appropriations with favorable recommendation:
Amend printed bill, page 4, line 6, strike "425102,"
and substitute "425103,".
Page 6, after line 10, insert the following:
"SECTION 5. 184410
(2), (3), (4), and (5), Colorado Revised Statutes, are amended
to read:
184410. Theft by receiving.
(2) Where the value of
the thing involved is less than one hundred dollars,
EXCEPT AS PROVIDED IN SUBSECTION (6) OF THIS SECTION, THE LEVEL
OF OFFENSE FOR theft by receiving is a
class 3 misdemeanor AS SPECIFIED
IN SECTION 181111.
(3) Where
the value of the thing involved is one hundred dollars or more
but less than four hundred dollars, theft by receiving is a class
2 misdemeanor.
(4) Where
the value of the thing involved is four hundred dollars or more
but less than fifteen thousand dollars, theft by receiving is
a class 4 felony.
(5) Where
the value of the thing involved is fifteen thousand dollars or
more, theft by receiving is a class 3 felony.".
Renumber succeeding sections accordingly.
Page 11, after line 13, insert the following:
"SECTION 13. 185.5102
(3), Colorado Revised Statutes, is amended to read:
185.5102. Computer crime.
(3) If the loss, damage,
or thing of value taken in violation of this section is less than
one hundred dollars, computer crime is a class 3 misdemeanor;
if one hundred dollars or more but less than four hundred dollars,
computer crime is a class 2 misdemeanor; if four hundred dollars
or more but less than fifteen thousand dollars, computer crime
is a class 5 felony; if fifteen thousand dollars or more, computer
crime is a class 3 felony. THE LEVEL
OF OFFENSE FOR COMPUTER CRIME IS AS SPECIFIED IN SECTION 181111.".
Renumber succeeding sections accordingly.
Page 18, strike lines 18 through 25, and substitute
the following:
"SECTION 26. Part
1 of article 1 of title 17, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
171126. Appropriation to
comply with section 22703.
(1) PURSUANT TO SECTION 22703, C.R.S.,
THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS
MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 981255,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY 1, 1998,
THE GENERAL ASSEMBLY HAS DETERMINED THAT THIS ACT CAN BE IMPLEMENTED
WITHIN EXISTING APPROPRIATIONS, AND THEREFORE NO SEPARATE APPROPRIATION
OF STATE MONEYS IS NECESSARY TO CARRY OUT THE PURPOSES OF THIS
ACT.
(b) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION
RESERVE FUND CREATED IN SECTION 171116, THE SUM OF
EIGHT HUNDRED NINETEEN THOUSAND SIX HUNDRED NINETYSEVEN
DOLLARS ($819,697).
(c) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS
EXPANSION RESERVE FUND CREATED IN SECTION 171116,
THE SUM OF THREE HUNDRED SIX THOUSAND ONE HUNDRED SEVENTYNINE
DOLLARS ($306,179).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF TWO
HUNDRED FIFTYFIVE THOUSAND FIVE HUNDRED TEN DOLLARS ($255,510).
(d) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001,
IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED
TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL
FUND NOT OTHERWISE APPROPRIATED, THE SUM OF THREE HUNDRED FIFTYSEVEN
THOUSAND NINE HUNDRED TWENTYEIGHT DOLLARS ($357,928).
(e) FOR THE FISCAL YEAR BEGINNING JULY 1, 2002,
IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED
TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL
FUND NOT OTHERWISE APPROPRIATED, THE SUM OF THREE HUNDRED FIFTYSEVEN
THOUSAND NINE HUNDRED TWENTYEIGHT DOLLARS ($357,928).
SECTION 27. 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.".
Strike page 19.
Page 1, line 102, strike "INVOLVED." and
substitute "INVOLVED, AND MAKING AN APPROPRIATION THEREFOR.".
HB981307
be amended as follows, and as so amended, be referred to the Committee
on Appropriations with favorable recommendation:
Amend printed bill, page 4, line 23, strike "IS".
Page 6, line 9, "THE" and substitute "IN
ADDITION TO NOTICE TO ALL PARTIES, THE".
Page 12, line 11, strike "NEGLECT" and
substitute "NEGLECT, AS PROVIDED FOR IN SECTION 193403
(2),";
line 12, strike "AS PROVIDED FOR IN SECTION";
line 13, strike "193403 (2),".
Page 15, strike lines 1 through 4, and substitute the following:
"PHYSICAL ASSAULT OR BATTERY.".
Page 16, strike lines 18 through 22, and substitute the following:
"EXCLUDING OTHER PHYSICAL ASSAULT OR BATTERY,
THEN THE COURT SHALL NOT GRANT THE DECREE OF FINAL";
after line 23, insert the following:
"SECTION 13. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the general fund not otherwise appropriated,
to the judicial department, for the fiscal year beginning July
1, 1998, the sum of one million three hundred eighty-one thousand
four hundred eighty-nine dollars ($1,381,489) and 28.0 FTE, or
so much thereof as may be necessary, for the implementation of
this act.".
Renumber succeeding sections accordingly.
Page 1, line 102, strike "1997"."
and substitute "1997", AND MAKING AN APPROPRIATION
IN CONNECTION THEREWITH.".
HB98-1321 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 6, line 20, strike "24-32-2801
(2) (b)," and substitute "24-32-2801,";
line 21, strike "amended, and the said 24-32-2801
is further";
line 22, strike "SUBSECTION," and substitute
"SUBSECTION";
line 24, strike "(2) (b) Any grant";
strike lines 25 and 26.
Page 7, strike lines 1 through 16.
HB98-1361, 1364
be referred to the Committee of the Whole with favorable recommendation.
HJR98-1003 be amended
as follows, and as so amended, be referred to Legislative Council:
Amend printed resolution, page 1, line 18, strike
"four" and substitute "six";
line 19, strike "two";
strike line 20 and substitute "four of whom
shall be from the majority party and two of whom shall be from
the minority party,".
Page 2, line 1, strike "minority leader, four"
and substitute "six";
strike line 2 and substitute "of the Senate,
four of whom shall be from the majority party and two of whom
shall be from the minority party,";
line 3, strike "minority leader,".
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB98-1121.
______________
MESSAGE FROM THE GOVERNOR
I certify I received the following on the 11th day
of February, 1998, at 3:50 p.m. The original is on file in the
records of the House of Representatives of the General Assembly.
Judith Rodrigue,
Chief Clerk of the House
February 11, 1998
The Honorable Colorado
House of Representatives
Sixty-first General Assembly
Second Regular Session
Denver, CO 80203
Ladies and Gentlemen:
This letter is to inform you that I have signed and
filed with the Secretary of State House Bill 98-1002 "Concerning
the Redistricting of House of Representatives Districts as Required
by the Tenth Circuit Court of Appeals,"
on February 11, 1998, at 10:36 a.m. I am writing this letter as
my statement for the record.
The Legislature took action required by the Tenth
Circuit Court of Appeals that was prompted by legal action concerning
ethnic/racial bloc voting, and to further the goal of fairly representing
Hispanic voter population. After considerable debate and deliberation,
the Colorado House of Representatives passed what I believe was
a fair bill that appropriately balanced the need for increasing
Hispanic representation, and preserving geographic integrity of
communities in Alamosa and Pueblo. The Colorado Senate made additional
changes which moved a number of precincts in southwestern Pueblo
out of the urban district (H.D. 46) and into a more rural district
(H.D. 44).
I do not believe it was necessary or desirable to
disturb the careful balance of interests achieved in the House-passed
bill. I continue to be concerned that the final bill as passed
with Senate amendments unfairly divides the community of Pueblo,
casting some of Pueblo's
voters outside of the city's
two urban legislative districts. These voters have more local
issues and concerns in common with their urban neighbors than
they do with the more rural legislative district.
However, because redistricting will take place on
a statewide basis after the 2000 census, because I believe it
is necessary to move forward in order to comply with federal court
mandates, and because further delay will not serve the broader
public interest, I have signed this bill.
Sincerely,
(signed)
Roy Romer
Governor
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, the following
items on the Calendar were laid over until February 13, retaining
place on Calendar:
Consideration of General Orders--HB98-1060, 1179, 1110, 1021, 1203, 1039, 1067, 1097, 1112, 1130, 1150, 1162, 1132, 1230, 1040, 1104, 1116, 1183, 1164, 1171, 1231, 1249, 1261, 1170, 1251, 1253, 1140, 1154, 1235, 1019, 1226, 1053, 1229, 1245, 1207, 1215, 1224, 1007, 1018, 1028, 1144, 1178, 1331, 1033, 1317, 1204, 1359, HCR98-1005, HB98-1273, 1304, 1012, 1014, HCR98-1002, HB98-1005, 1065, 1100, 1152, 1228, 1266, 1272, 1283.
Consideration of Resolutions--HJR98-1010, 1004.
Consideration of Senate Amendments--HB98-1043.
_______________
On motion of Representative Anderson, the House adjourned until 9:00 a.m., February 13, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk