Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 32.
Absent/Excused--Feeley--Total, 1.
Absent--Dennis, Lacy--Total, 2.
Present later--Dennis, Lacy.
Quorum The President announced a quorum present.
Reading of On motion of Senator Reeves, reading of the Journal of February 4th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
SIGNING OF RESOLUTION
The President has signed: SR 98-6.
The President has signed: HJR98-1006.
SIGNING OF BILLS
The President has signed: HB98-1002.
COMMITTEE OF REFERENCE REPORTS
Local After consideration on the merits, the committee recommends that the following be
Government postponed indefinitely: SB 98-160
Judiciary After consideration on the merits, the
committee recommends that SB 98-50 be amended as follows
and, as so amended, be referred to the Committee on Appropriations
with favorable recommendation:
Amend printed bill, strike everything below the enacting
clause, and substitute the following:
"SECTION 1. Article 3 of title 2,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
PART to read:
231501. Criminal justice committee
creation expenses staffing.
(1) IN ORDER TO GIVE GUIDANCE AND DIRECTION TO THE
GENERAL ASSEMBLY IN DEVELOPING APPROACHES TO CRIMINAL JUSTICE
AND CORRECTIONS ISSUES AND TO PROVIDE A FORUM FOR INTERAGENCY
COORDINATION, COMMUNICATION, AND PLANNING, THERE IS HEREBY CREATED
IN THE LEGISLATIVE DEPARTMENT THE CRIMINAL JUSTICE COMMITTEE,
REFERRED TO IN THIS PART 15 AS THE "COMMITTEE".
THE COMMITTEE SHALL CONSIST OF THE FOLLOWING TWENTY MEMBERS:
(a) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES,
TWO OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND ONE OF WHOM SHALL BE APPOINTED BY THE HOUSE
MINORITY LEADER;
SB 98-50
(Cont.)
(b) THREE MEMBERS OF THE SENATE, TWO OF
WHOM SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE
OF WHOM SHALL BE APPOINTED BY THE SENATE MINORITY LEADER;
(c) ONE REPRESENTATIVE SELECTED BY EACH
OF THE FOLLOWING ENTITIES:
(I) THE COLORADO DISTRICT ATTORNEYS COUNCIL;
(II) COLORADO ORGANIZATION OF VICTIMS'
ASSISTANCE;
(III) THE OFFICE OF THE STATE PUBLIC DEFENDER;
(IV) COUNTY SHERIFFS OF COLORADO, INC.;
(V) COLORADO ASSOCIATION OF CHIEFS OF
POLICE;
(VI) COLORADO COMMUNITY CORRECTIONS BOARDS;
(d) FOUR EX OFFICIO VOTING MEMBERS, AS
FOLLOWS:
(I) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF PUBLIC SAFETY OR HIS OR HER DESIGNEE;
(II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF CORRECTIONS OR HIS OR HER DESIGNEE;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
HUMAN SERVICES OR HIS OR HER DESIGNEE; AND
(IV) THE CHAIR OF THE STATE PAROLE BOARD
OR HIS OR HER DESIGNEE;
(e) THE ATTORNEY GENERAL OR HIS OR HER
DESIGNEE;
(f) TWO MEMBERS APPOINTED BY THE CHIEF
JUSTICE OF THE COLORADO SUPREME COURT TO REPRESENT THE INTERESTS
OF TRIAL COURTS AND THE PROBATION SYSTEM; AND
(g) ONE MEMBER AS SET FORTH IN SUBSECTION
(2) OF THIS SECTION.
(2) THE GOVERNOR SHALL APPOINT A CRIMINAL
JUSTICE CITIZENS ADVISORY COUNCIL, WHOSE MEMBERS SHALL BE SELECTED
SO AS TO ADEQUATELY REPRESENT THE ENTIRE STATE AND WHOSE MEMBERS
SHALL BE DRAWN FROM VARIOUS CITIZEN GROUPS IN THE STATE INVOLVED
WITH CRIMINAL JUSTICE, CORRECTIONS, AND REINTEGRATION SERVICES
PROVIDERS. THE ADVISORY COUNCIL SHALL CHOOSE ONE OF ITS MEMBERS
TO SERVE ON THE COMMITTEE CREATED PURSUANT TO THIS SECTION.
(3) THE MEMBERS OF THE COMMITTEE SHALL
SERVE VOLUNTARILY AND SHALL NOT RECEIVE PER DIEM COMPENSATION
OR EXPENSE REIMBURSEMENT FOR THEIR SERVICE ON THE COMMITTEE.
(4) THE LEGISLATIVE COUNCIL STAFF SHALL
BE MADE AVAILABLE TO ASSIST THE COMMITTEE IN CARRYING OUT ITS
DUTIES PURSUANT TO THIS PART 15.
(5) ALL EXPENDITURES INCURRED IN THE CONDUCT
OF THE ACTIVITIES OF THE COMMITTEE UNDER THIS PART 15 SHALL BE
APPROVED BY THE CHAIR OF THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE
COUNCIL AND PAID BY VOUCHERS AND WARRANTS DRAWN AS PROVIDED BY
LAW FROM FUNDS ALLOCATED TO THE LEGISLATIVE COUNCIL FOR LEGISLATIVE
STUDIES FROM APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
(6) ADDITIONAL STAFFING AND ASSISTANCE
MAY BE PROVIDED TO THE COMMITTEE BY OTHER DEPARTMENTS, AGENCIES,
OR POLITICAL SUBDIVISIONS OF THE STATE UPON REQUEST OF THE COMMITTEE
AND WITHIN THE EXISTING APPROPRIATIONS OF SUCH DEPARTMENTS, AGENCIES,
OR POLITICAL SUBDIVISIONS.
SB 98-50
(Cont.)
(7) THE STUDY OF THE PAROLE SYSTEM OF THE STATE OF
COLORADO CONDUCTED BY THE LEGISLATIVE COUNCIL PURSUANT TO SECTION
17-2-201.5, C.R.S., SHALL BE COMPLETED UNDER THE AUSPICES OF THE
CRIMINAL JUSTICE COMMITTEE CREATED BY THIS SECTION.
231502. Criminal justice committee
duties. (1) THE COMMITTEE
SHALL STUDY AND MAKE RECOMMENDATIONS CONCERNING THE CRIMINAL JUSTICE
SYSTEM AND THE CORRECTIONS SYSTEM, INCLUDING BUT NOT LIMITED TO:
(a) THE EFFICIENCY AND EFFECTIVENESS OF
THE CRIMINAL JUSTICE SYSTEM;
(b) THE UNDERLYING CAUSES OF CRIME; AND
(c) EFFECTIVE INTERVENTIONS.
(2) THE COMMITTEE'S FUNCTIONS UNDER THIS SECTION
SHALL NOT BE CONSTRUED TO INFRINGE UPON THE JURISDICTION OF ANY
STANDING COMMITTEE OF THE GENERAL ASSEMBLY OR ANY DUTIES OF THOSE
COMMITTEES UNDER THIS ARTICLE.
231503. Criminal justice
committee proposed legislation consultation.
(1) (a) THE COMMITTEE MAY PREPARE ANY OR ALL OF ITS RECOMMENDATIONS
AS LEGISLATION, AND ANY SUCH LEGISLATION SHALL BE TREATED AS LEGISLATION
RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF
ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE
JOINT RULES OF THE GENERAL ASSEMBLY.
(b) IF ANY RECOMMENDATION REQUIRES A STATUTORY CHANGE
OR ADDITION, AN AFFIRMATIVE VOTE BY A MAJORITY OF THOSE MEMBERS
OF THE COMMITTEE WHO ARE ALSO MEMBERS OF THE GENERAL ASSEMBLY
SHALL BE REQUIRED IN ORDER TO AUTHORIZE THE PREPARATION OF ANY
RECOMMENDATIONS AS LEGISLATION.
(2) THE COMMITTEE MAY CONSULT WITH EXPERTS
IN THE FIELDS OF CRIMINAL JUSTICE OR CORRECTIONS AS MAY BE NECESSARY.
231504. Funding of the
committee governmental and private sources permitted. THE
COMMITTEE IS AUTHORIZED TO APPLY FOR, RECEIVE, AND EXPEND FUNDING
FROM GOVERNMENTAL SOURCES FOR THE PURPOSES OF THE COMMITTEE AND
IS AUTHORIZED TO APPLY FOR, RECEIVE, AND EXPEND CONTRIBUTIONS,
GRANTS, SERVICES, AND INKIND DONATIONS FROM PRIVATE SOURCES
FOR SUCH PURPOSES.
SECTION 2. Effective
date. This act shall take effect July 1, 1998.
SECTION 3. Safety
clause. The general assembly hereby finds, determines,
and declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.".
Page 1, line 101, strike "COMMITTEE, AND MAKING"
and substitute "COMMITTEE.";
strike line 102.
Business After consideration on the merits, the committee recommends that SB 98-122 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend printed bill, page 12, line 3, strike "(1)";
strike lines 13 through 26.
Page 13, strike lines 1 through 14.
Business After consideration on the merits, the committee recommends that SB 98-37 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
SB 98-37
(Cont.)
Amend printed bill, strike everything below the enacting
clause and substitute the following:
"SECTION 1. Legislative declaration.
(1) The general assembly hereby finds, determines,
and declares that:
(a) Compliance checks are a necessary
means of ensuring that liquor licensees do not violate state laws
prohibiting the sale of alcohol to minors; and
(b) The department of revenue should provide
information to local licensing authorities to aid in more consistent
application of penalties for violations of such laws.
(2) It is therefore the intent of the
general assembly in enacting this act to give the liquor enforcement
division in the department of revenue the authority to adopt rules
to assist licensing authorities in carrying out their enforcement
duties under the "Colorado Liquor Code".
SECTION 2. 1247202
(2) (a), Colorado Revised Statutes, is amended to read:
1247202. Duties of state
licensing authority. (2) (a) (I) Rules
and regulations made pursuant to paragraph (b) of subsection (1)
of this section may cover, but shall not be limited to, the following
subjects:
(A) Compliance with or enforcement or
violation of any provision of this article, article 46 or 48 of
this title, or any rule or regulation issued pursuant to such
articles;
(B) Specifications of duties of officers
and employees;
(C) Instructions for local licensing authorities
and law enforcement officers;
(D) All forms necessary or convenient
in the administration of this article and articles 46 and 48 of
this title;
(E) Inspections, investigations, searches,
seizures, and such activities as may become necessary from time
to time, INCLUDING A RANGE OF PENALTIES FOR USE BY LICENSING AUTHORITIES
THAT SHALL INCLUDE AGGRAVATING AND MITIGATING FACTORS TO BE CONSIDERED
WHEN PERSONS UNDER TWENTYONE YEARS OF AGE ARE UTILIZED TO
INVESTIGATE SALES OF ALCOHOL BEVERAGES BY LIQUOR LICENSEES TO
UNDERAGE PERSONS;
(F) Limitation of number of licensees
as to any area or vicinity;
(G) Misrepresentation, unfair practices,
AND unfair competition;
(H) Control of signs and other displays
on licensed premises;
(I) Use of screens;
(J) Identification of licensees and their
employees;
(K) Storage, warehouses, AND transportation;
(L) Health and sanitary requirements;
(M) Standards of cleanliness, orderliness,
and decency, AND sampling and analysis of products;
(N) Standards of purity and labeling;
(O) Records to be kept by licensees and
availability thereof;
(P) Practices unduly designed to increase
the consumption of alcohol beverages; and
SB 98-37
(Cont.)
(Q) Such other matters as are necessary
for the fair, impartial, stringent, and comprehensive administration
of this article and articles 46 and 48 of this title. but
(II) Nothing in this article and articles
46 and 48 of this title shall be construed as delegating to the
state licensing authority the power to fix prices. The licensing
authority shall make no rule that would abridge the right of any
licensee to fairly, honestly, and lawfully advertise the place
of business of or the commodities sold by such licensee. All such
rules shall be reasonable and just.
SECTION 3. Effective
date applicability. (1) This act shall take
effect at 12:01 a.m. on the day following the expiration of the
ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to violations committed on or after the applicable effective date
of this act.".
Business After consideration on the merits, the committee recommends that SB 98-73 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Strike everything below the enacting clause and substitute
the following:
"SECTION 1. 1340122,
Colorado Revised Statutes, is amended to read:
1340122. Writ of restitution
after judgment. (1) No writ
of restitution shall issue upon any judgment entered in any action
under the provisions of this article out of any court until after
the expiration of fortyeight hours from the time of the
entry of such judgment; and such writs shall be executed by the
officer having the same only in the daytime and between sunrise
and sunset.
(2) THE OFFICER THAT EXECUTES A WRIT OF
RESTITUTION UNDER SUBSECTION (1) OF THIS SECTION AND THE LAW ENFORCEMENT
AGENCY THAT EMPLOYS SUCH OFFICER SHALL BE IMMUNE FROM CIVIL LIABILITY
FOR ANY DAMAGE TO A TENANT'S PERSONAL PROPERTY THAT WAS REMOVED
FROM THE PREMISES DURING THE EXECUTION OF THE WRIT. A LANDLORD
WHO COMPLIES WITH THE LAWFUL DIRECTIONS OF THE OFFICER EXECUTING
A WRIT OF RESTITUTION SHALL BE IMMUNE FROM CIVIL AND CRIMINAL
LIABILITY FOR ANY ACT OR OMISSION RELATED TO A TENANT'S PERSONAL
PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING OR AFTER THE
EXECUTION OF A WRIT OF RESTITUTION.
(3) A LANDLORD HAS NO DUTY TO STORE OR
MAINTAIN A TENANT'S PERSONAL PROPERTY THAT IS REMOVED FROM THE
PREMISES DURING OR AFTER THE EXECUTION OF A WRIT OF RESTITUTION.
REGARDLESS OF WHETHER A LANDLORD ELECTS TO STORE OR MAINTAIN THE
PERSONAL PROPERTY SO REMOVED, THE LANDLORD SHALL HAVE NO DUTY
TO INVENTORY THE PERSONAL PROPERTY OR TO DETERMINE OWNERSHIP OF
OR THE CONDITION OF THE PERSONAL PROPERTY. SUCH STORAGE SHALL
NOT CREATE EITHER AN IMPLIED OR EXPRESS BAILMENT OF THE PERSONAL
PROPERTY, AND THE LANDLORD SHALL BE IMMUNE FROM LIABILITY FOR
ANY LOSS OR DAMAGE TO THE PERSONAL PROPERTY.
(4) A LANDLORD WHO ELECTS TO STORE A TENANT'S
PERSONAL PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING OR
AFTER THE EXECUTION OF A WRIT OF RESTITUTION MAY CHARGE THE TENANT
THE REASONABLE COSTS OF STORING THE PERSONAL PROPERTY. THE LANDLORD
MAY EITHER DISPOSE OF THE PERSONAL PROPERTY UNDER ANY LIEN RIGHTS
THE LANDLORD HAS UNDER PART 1 OF ARTICLE 20 OF TITLE 38, C.R.S.,
OR THE LANDLORD MAY ALLOW THE TENANT TO RECOVER THE PERSONAL PROPERTY
AFTER PAYING THE REASONABLE STORAGE CHARGES INCURRED BY THE LANDLORD.
SB 98-73
(Cont.)
SECTION 2. 61105
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
61105. Deceptive trade
practices. (1) A person engages
in a deceptive trade practice when, in the course of such person's
business, vocation, or occupation, such person:
(qq) AFTER RECEIPT OF WRITTEN NOTICE OF
DEFECT FROM A TENANT OF A LEASED RESIDENTIAL PREMISES UNDER SECTION
3812105 (2), C.R.S., AND AS A RESULT OF AN ACT OR
OMISSION OF THE PERSON, WRONGFULLY FAILS TO PROVIDE SUCH TENANT
ELECTRICITY FOR HOUSEHOLD PURPOSES, A SUFFICIENT AMOUNT OF HEAT
TO MAINTAIN A CONSTANT MINIMUM INDOOR TEMPERATURE OF SIXTYFIVE
DEGREES FAHRENHEIT, SUFFICIENT QUANTITIES OF RUNNING WATER AND
HOT WATER FOR NORMAL HOUSEHOLD PURPOSES, OR OPERATING SANITARY
AND PLUMBING SYSTEMS WITHIN THE TIME PRESCRIBED IN SECTION 3812105,
C.R.S., IF:
(I) THE LANDLORD PROVIDED THE TENANT SUCH
SERVICES AT THE BEGINNING OF THE TENANCY AND THE LEASE HAS NOT
BEEN SUBSEQUENTLY MODIFIED BY MUTUAL WRITTEN AGREEMENT WITH RESPECT
TO SUCH SERVICES; AND
(II) SUCH FAILURE MATERIALLY AFFECTS THE
HEALTH OR SAFETY OF THE TENANT OR THE HABITABILITY OF THE RESIDENTIAL
PREMISES.
SECTION 3. 61113,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
61113. Damages. (5) SUBSECTIONS
(1) TO (4) OF THIS SECTION SHALL NOT BE AVAILABLE TO ANY PERSON,
INCLUDING THE ATTORNEY GENERAL AND A DISTRICT ATTORNEY, IN A CIVIL
ACTION FOR ANY CLAIM AGAINST ANY PERSON FOR VIOLATION OF SECTION
61105 (1) (qq). THE ATTORNEY GENERAL OR A DISTRICT
ATTORNEY MAY ENFORCE THE PROVISIONS OF SECTION 61105
(1) (qq) IN ACCORDANCE WITH SECTION 61107. THIS SUBSECTION
(5) DOES NOT AFFECT A TENANT'S RIGHT TO TERMINATE A LEASE UNDER
SECTION 3812105, C.R.S.
SECTION 4. Part
1 of article 12 of title 38, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
3812105. Termination of
lease return of security deposit major defects.
(1) IN THE EVENT A TENANT OF A LEASED RESIDENTIAL PREMISES
BELIEVES THAT A LANDLORD HAS FAILED TO PROVIDE THE TENANT, AT
EITHER THE LANDLORD'S OR THE TENANT'S EXPENSE AS PROVIDED IN THE
LEASE AGREEMENT, WITH ELECTRICITY FOR HOUSEHOLD PURPOSES, A SUFFICIENT
AMOUNT OF HEAT TO MAINTAIN A CONSTANT MINIMUM INDOOR TEMPERATURE
OF SIXTYFIVE DEGREES FAHRENHEIT, SUFFICIENT QUANTITIES OF
RUNNING WATER AND HOT WATER FOR NORMAL HOUSEHOLD PURPOSES, OR
OPERATING SANITARY AND PLUMBING SYSTEMS, THE TENANT MAY TERMINATE
THE LEASE FOR THE RESIDENTIAL PREMISES PRIOR TO ITS TERMINATION
DATE IF:
(a) THE LANDLORD PROVIDED THE TENANT SUCH
SERVICES AT THE BEGINNING OF THE TENANCY AND THE LEASE HAS NOT
BEEN SUBSEQUENTLY MODIFIED BY MUTUAL WRITTEN AGREEMENT WITH RESPECT
TO SUCH SERVICES; AND
(b) SUCH FAILURE MATERIALLY AFFECTS THE
HEALTH OR SAFETY OF THE TENANT OR THE HABITABILITY OF THE RESIDENTIAL
PREMISES.
(2) TO TERMINATE THE LEASE UNDER THIS
SECTION, THE TENANT SHALL DELIVER, EITHER PERSONALLY OR BY CERTIFIED
MAIL, A WRITTEN NOTICE OF DEFECT TO THE LANDLORD OR THE LANDLORD'S
AGENT. THE WRITTEN NOTICE OF DEFECT SHALL DESCRIBE THE DEFECT
IN SUFFICIENT DETAIL TO GIVE THE LANDLORD OR THE LANDLORD'S AGENT
REASONABLE NOTICE OF THE DEFECT AND THE REMEDY NECESSARY TO CORRECT
SUCH DEFECT. THE WRITTEN NOTICE OF DEFECT SHALL INCLUDE:
SB 98-73
(Cont.)
(a) A STATEMENT THAT, IF THE LANDLORD
DOES NOT EITHER REMEDY THE DEFECT OR TAKE REASONABLE STEPS TO
REMEDY THE DEFECT WITHIN TWENTY DAYS AFTER RECEIVING THE NOTICE
OF DEFECT, THE TENANT SHALL HAVE THE RIGHT TO TERMINATE THE LEASE
NOT LESS THAN THIRTY DAYS AFTER THE LANDLORD OR THE LANDLORD'S
AGENT RECEIVES THE NOTICE OF DEFECT;
(b) THE DATE THE TENANT WILL TERMINATE
THE LEASE IF THE LANDLORD FAILS TO REMEDY OR TAKE REASONABLE STEPS
TO REMEDY THE DEFECT; AND
(c) THE DATE THE TENANT WILL VACATE THE
PREMISES IF THE LEASE IS TERMINATED.
(3) WITHIN THE TWENTYDAY PERIOD
SET FORTH IN SUBSECTION (2) OF THIS SECTION, THE LANDLORD OR THE
LANDLORD'S AGENT MAY DELIVER TO THE TENANT, EITHER PERSONALLY
OR BY CERTIFIED MAIL, A WRITTEN STATEMENT OF THE ACTIONS THE LANDLORD
HAS TAKEN OR WILL TAKE TO REMEDY THE DEFECTS IDENTIFIED IN THE
TENANT'S NOTICE OF DEFECT, INCLUDING THE DATES THE REMEDIES WERE
COMPLETED OR WILL BE COMPLETED. IF THE LANDLORD COMPLETES THE
IDENTIFIED ACTIONS BEFORE THE DATE OF LEASE TERMINATION SPECIFIED
IN THE NOTICE OF DEFECT, THE TENANT SHALL NOT BE ENTITLED TO TERMINATE
THE LEASE UNDER THIS SECTION, AND THE LEASE SHALL REMAIN IN FULL
FORCE AND EFFECT.
(4) IF THE LANDLORD EITHER DOES NOT COMPLETE
THE ACTIONS IDENTIFIED IN THE WRITTEN STATEMENT BEFORE THE DATE
OF LEASE TERMINATION SPECIFIED IN THE NOTICE OF DEFECT OR DOES
NOT PROVIDE THE TENANT WITH A WRITTEN STATEMENT UNDER SUBSECTION
(3) OF THIS SECTION, THE TENANT MAY TERMINATE THE LEASE AND, IF
THE LEASE IS TERMINATED, SHALL VACATE THE RESIDENTIAL PREMISES.
IF THE TENANT TERMINATES THE LEASE AND VACATES THE PREMISES IN
ACCORDANCE WITH THIS SECTION, THE LEASE BETWEEN THE LANDLORD AND
TENANT BECOMES VOID WITH RESPECT TO ALL FUTURE RIGHTS AND FUTURE
OBLIGATIONS BETWEEN THE LANDLORD AND TENANT PURSUANT TO THE LEASE,
PRORATED TO THE DATE THE TENANT ACTUALLY VACATED THE PREMISES.
(5) IF THE TENANT TERMINATES THE LEASE
AND VACATES THE RESIDENTIAL PREMISES IN ACCORDANCE WITH THIS SECTION,
THE TENANT MAY DEMAND THE RETURN OF ALL OR ANY PORTION OF THE
SECURITY DEPOSIT HELD BY THE LANDLORD TO WHICH THE TENANT IS LAWFULLY
ENTITLED. NOTWITHSTANDING THE TIME PERIODS PRESCRIBED IN SECTION
3812103, THE LANDLORD SHALL DELIVER TO THE TENANT
ALL OF, OR THE APPROPRIATE PORTION OF, THE TENANT'S SECURITY DEPOSIT
WITHIN THIRTY DAYS AFTER THE TENANT VACATES THE RESIDENTIAL PREMISES.
NO SECURITY DEPOSIT SHALL BE RETAINED TO COVER NORMAL WEAR AND
TEAR. IN THE EVENT THAT ACTUAL CAUSE EXISTS FOR RETAINING ANY
PORTION OF THE SECURITY DEPOSIT, THE LANDLORD SHALL PROVIDE THE
TENANT WITH A WRITTEN STATEMENT LISTING THE EXACT REASONS FOR
THE RETENTION OF ANY PORTION OF THE SECURITY DEPOSIT. THE LANDLORD
SHALL INCLUDE PAYMENT OF THE DIFFERENCE BETWEEN ANY SUM DEPOSITED
AND THE AMOUNT RETAINED WITH THE WRITTEN STATEMENT. THE LANDLORD
IS DEEMED TO HAVE COMPLIED WITH THIS SECTION BY MAILING SAID STATEMENT
AND ANY PAYMENTS REQUIRED BY THIS SECTION TO THE ADDRESS PROVIDED
BY THE TENANT. NOTHING IN THIS SECTION SHALL PRECLUDE THE LANDLORD
FROM WITHHOLDING THE SECURITY DEPOSIT FOR NONPAYMENT OF RENT OR
FOR NONPAYMENT OF UTILITY CHARGES, REPAIR WORK, OR CLEANING CONTRACTED
FOR BY THE TENANT.
(6) IF THE TENANT DOES NOT RECEIVE THE
ENTIRE SECURITY DEPOSIT OR A PORTION OF THE SECURITY DEPOSIT TOGETHER
WITH A WRITTEN STATEMENT LISTING THE EXACT REASONS FOR THE RETENTION
OF ANY PORTION OF THE SECURITY DEPOSIT WITHIN THE TIME PROVIDED
FOR IN SUBSECTION (5) OF THIS SECTION, THE RETENTION OF THE SECURITY
DEPOSIT SHALL BE DEEMED WILLFUL AND WRONGFUL AND, NOTWITHSTANDING
THE PROVISIONS OF SECTION 3812103 (3), SHALL ENTITLE
THE TENANT TO TREBLE THE AMOUNT OF THE SECURITY DEPOSIT AND TO
REASONABLE ATTORNEY FEES.
SB 98-73
(Cont.)
(7) NOTHING IN THIS SECTION SHALL ENTITLE
THE TENANT TO TERMINATE A LEASE FOR A CONDITION CAUSED BY THE
DELIBERATE OR NEGLIGENT ACT OR OMISSION OF THE TENANT, A MEMBER
OF THE TENANT'S FAMILY, OR ANY OTHER PERSON WHO IS ON THE RESIDENTIAL
PREMISES WITH THE TENANT'S CONSENT. NOTHING IN THIS SECTION SHALL
ENTITLE THE TENANT TO TERMINATE A LEASE FOR A CONDITION CAUSED
BY CASUALTIES DUE TO NATURAL EVENTS, CIVIL STRIFE, STRIKES, OR
OTHER CAUSES NOT WITHIN THE REASONABLE CONTROL OF THE LANDLORD.
SECTION 5. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to leases existing on and
after July 1, 1998.
SECTION 6. 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.".
Business After consideration on the merits, the committee recommends that SB 98-107 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 2, strike lines 2 through
24 and substitute the following:
"SECTION 1. 8-42-107
(8) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
842107. Permanent partial disability
benefits schedule medical impairment benefits
how determined. (8) Medical impairment benefits
determination of MMI for scheduled and nonscheduled injuries.
(b) (IV) NO EMPLOYER OR INSURER SHALL TERMINATE
THE PRESCRIPTION MEDICATION BENEFITS OF AN INJURED WORKER BEFORE
THE DISPUTE CONCERNING MAXIMUM MEDICAL IMPROVEMENT HAS BEEN RESOLVED
PURSUANT TO THIS SECTION.
SECTION 2. 8-42-107
(8) (c), Colorado Revised Statutes, is amended to read:
842107. Permanent partial disability benefits schedule medical impairment benefits how determined. (8) Medical impairment benefits determination of MMI for scheduled and nonscheduled injuries. (c) When the injured employee's date of maximum medical improvement has been determined pursuant to paragraph (b) of this subsection (8), and there is a determination that permanent medical impairment has resulted from the injury, the authorized treating physician shall determine a medical impairment rating as a percentage of the whole person based on the revised third edition of the "American Medical Association Guides to the Evaluation of Permanent Impairment", in effect as of July 1, 1991. Except for a determination by the authorized treating physician providing primary care that no permanent medical impairment has resulted from the injury, any
physician who determines a medical impairment rating shall have received accreditation under the level II accreditation program pursuant to section 842101. For purposes of determining levels of medical impairment, the physician shall not render a medical impairment rating based on chronic pain without anatomic or physiologic correlation. Anatomic correlation must be based on objective findings. If either party disputes the authorized treating physician's finding of medical impairment, including a finding that there is no permanent medical impairment, the parties may select an independent medical examiner by mutual agreement. The finding of such independent medical examiner shall be binding on the parties and on the division. If the parties are unable to mutually agree on the selection of an independent medical examiner, the division shall select an independent medical examiner from a list of independent medical examiners maintained by the division. The cost of such independent medical examination shall be borne by the requesting party. The finding of such independent medical examiner regarding the medical impairment rating shall be overcome only by clear and convincing evidence. A hearing on this matter shall not take place until the finding of the independent medical examiner selected by the director has been filed with the division. NO EMPLOYER OR INSURER SHALL TERMINATE THE PRESCRIPTION MEDICATION BENEFITS OF AN INJURED WORKER BEFORE THE DISPUTE CONCERNING MAXIMUM MEDICAL IMPROVEMENT HAS BEEN RESOLVED PURSUANT TO THIS SECTION.
SB 98-107
(Cont.)
SECTION 3. 10-4-706
(6) (a), Colorado Revised Statutes, is amended to read:
104706. Required coverages
complying policies PIP examination program.
(6) (a) The general assembly directs the commissioner
to promulgate a rule, pursuant to the "State Administrative
Procedure Act", article 4 of title 24, C.R.S., establishing
a PIP examination program for the purpose of timely investigation
and resolution of disputed PIP claims submitted to an insurance
company under this part 7. The PIP examination program shall be
the exclusive method for obtaining an independent medical examination
from a health care practitioner other than a treating provider
relating to a disputed PIP claim, except as provided in paragraph
(c) of this subsection (6). NO INSURER SHALL TERMINATE PREVIOUSLY
AUTHORIZED PRESCRIPTION MEDICATION BENEFITS OF AN INSURED OR INJURED
PERSON ENTITLED TO BENEFITS BEFORE THE DISPUTE CONCERNING THE
PIP CLAIM HAS BEEN RESOLVED PURSUANT TO THIS SUBSECTION (6).".
Strike pages 3 and 4.
Page 5, strike lines 1 through 4.
Renumber succeeding sections accordingly.
Page 5, strike lines 8 through 25 and substitute
the following:
"10-16-122. Access to prescription
drugs. AN ENTITY SUBJECT TO THIS ARTICLE THAT PROVIDES COVERAGE
FOR PRESCRIPTION DRUGS AND HAS NEGOTIATED THE CONTRACT PRICING
AND TERMS FOR THE ADMINISTRATION OF THE PRESCRIPTION DRUG BENEFIT
WITH A PHARMACY BENEFIT MANAGEMENT FIRM OR INTERMEDIARY SHALL
OFFER TO CONTRACT WITH EACH PHARMACY PROVIDER IN THE SAME GEOGRAPHIC
AREA IF SUCH PHARMACY PROVIDER AGREES TO REASONABLE CONTRACT TERMS
AND PRICES AS SET BY SUCH ENTITY AND THE PHARMACY BENEFIT MANAGEMENT
FIRM OR INTERMEDIARY.";
strike line 26.
Page 6, strike lines 1 through 18 and substitute
the following:
"SECTION 4. 8-42-101
(3.6), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
842101. Employer must furnish
medical aid approval of plan fee schedule
contracting for treatment no recovery from employee
medical treatment guidelines accreditation of physicians
repeal. (3.6) (o.5) IN
ANY CASE WHERE THE INSURANCE CARRIER OR THE SELF-INSURED EMPLOYER
HAS NO PARTICIPATING PROVIDER TO PROVIDE TREATMENT TO AN INJURED
WORKER THAT IS PART OF THE MEDICAL TREATMENT GUIDELINES, IS RECOMMENDED
BY THE PHYSICIAN PROVIDING PRIMARY CARE TO THE INJURED WORKER,
AND IS AGREED TO BY THE PARTIES, THE INSURANCE CARRIER OR THE
SELF-INSURED EMPLOYER SHALL ARRANGE FOR A REFERRAL TO A PROVIDER
WITH THE NECESSARY EXPERTISE AND ENSURE THAT THE INJURED WORKER
OBTAINS TREATMENT AT NO GREATER COST TO THE INJURED WORKER THAN
IF THE TREATMENT WERE OBTAINED FROM A PARTICIPATING PROVIDER.
SECTION 5. 10-4-706
(2), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
104706. Required coverages
complying policies PIP examination program.
(2) (j) IN ANY CASE WHERE THE INSURER HAS NO PARTICIPATING
PROVIDER TO PROVIDE A COVERED BENEFIT TO AN INSURED OR PERSON
ENTITLED TO BENEFITS, AND THE RECEIPT OF SUCH BENEFIT IS AGREED
TO BY THE PARTIES, THE INSURER SHALL ARRANGE FOR A REFERRAL TO
A PROVIDER WITH THE NECESSARY EXPERTISE AND ENSURE THAT THE INSURED
OR PERSON ENTITLED TO BENEFITS OBTAINS TREATMENT AT NO GREATER
COST TO THE INSURED OR PERSON ENTITLED TO BENEFITS THAN IF THE
TREATMENT WERE OBTAINED FROM A PARTICIPATING PROVIDER.".
Renumber succeeding section accordingly.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, February 5, was laid over until Friday, February 6, retaining its place on the calendar.
______________________________
TRIBUTES--A POINT OF INTEREST
Honoring Cindy Mihelich by Senator Thiebaut
Honoring Brenda Baker by Senator Thiebaut
Honoring Ray Schuster by Senator Bishop
Honoring Monika Todd by Senator Bishop
Memorializing Dennis Michael Trujillo by Senator
Thiebaut
Memorializing John Austin Conley by Senator Thiebaut
Memorializing Jennie Occhiato Gersick by Senator
Thiebaut
Memorializing Clarence A. Burianek by Senator Thiebaut
Memorializing Minerva D. Clevenger by Senator Thiebaut
Memorializing Robert M. Slobodnik by Senator Thiebaut
Memorializing Joe J. Silchia by Senator Thiebaut
Memorializing George F. McCarthy by Senator Thiebaut
Memorializing Robert D. Pierce, M.D. by Senator Thiebaut
Memorializing Dominica Maria Falagrady by Senator
Thiebaut
Memorializing Barney Ben Falagrady by Senator Thiebaut
Memorializing Claude Thomas by Members of the Senate
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Friday,
February 6, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate