SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

31st Legislative Day Friday, February 6, 1998

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

Order

Prayer By the chaplain, Dr. Mel Taylor.

Roll Call Present--Total, 31

Absent/Excused--Feeley, Powers, Tebedo, Wells--Total, 4.

Present later--Wells.

Quorum The President announced a quorum present.

Reading of On motion of Senator Reeves, reading of the Journal of February 5th was dispensed with

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

COMMITTEE OF REFERENCE REPORTS

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

Natural referred favorably to the Committee of the Whole: SB 98-153

Resources

and Energy

Agriculture, After consideration on the merits, the committee recommends that the following be Natural postponed indefinitely: SB 98-144

Resources

and Energy

Health, After consideration on the merits, the committee recommends that SB 98-46 be

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

Welfare and favorable recommendation:

Institutions

Amend printed bill, page 2, line 7, strike "A MOTOR VEHICLE" and substitute "A MOTOR VEHICLE WHICH IS INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF REVENUE";

line 25, strike "MOTOR VEHICLE IF" and substitute "A MOTOR VEHICLE WHICH IS INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF REVENUE

IF ".

Page 3, line 8, strike "A MOTOR VEHICLE" and substitute "A MOTOR VEHICLE WHICH IS INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF REVENUE";

line 16, strike "A MOTOR VEHICLE" and substitute "A MOTOR VEHICLE WHICH IS INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF REVENUE";

line 19, strike "A MOTOR VEHICLE" and substitute "A MOTOR VEHICLE WHICH IS INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF REVENUE".

Page 4, line 8, strike "MOTOR VEHICLES." and substitute "MOTOR VEHICLES WHICH ARE INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF REVENUE.".

Health, After consideration on the merits, the committee recommends that SB 98-104 be

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

Welfare and favorable recommendation:

Institutions

Amend printed bill, page 1, strike line 2 and substitute the following:

"SECTION 1.";

line 3, strike the first comma;

line 7, strike "January 31," and substitute "January 31,";

line 8, strike "1997 JANUARY 1, 1999," and substitute "1997,".

Page 2, strike lines 13 through 22 and substitute the following:

"SECTION 2.  Effective date ­ applicability. This act shall take effect January 1, 1999, and shall apply to policies issued and renewed on or after said date.

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.".

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

Environment, referred favorably to the Committee on Appropriations: SB 98-24

Welfare and

Institutions

Business After consideration on the merits, the committee recommends that SB 98-45 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 1, line 2, strike "(1) and";

line 3, strike "are" and substitute "is";

strike line 5 and substitute the following:

"salaries ­ reports. (2) (a)  The salary of the public trustee in the different counties of";

strike lines 6 through 8.

Strike page 2.

Page 3, strike lines 1 through 10.

Page 1, strike lines 102 and 103 and substitute the following:

"IN CONNECTION THEREWITH, INCREASING PUBLIC TRUSTEES' SALARIES.".

Business After consideration on the merits, the committee recommends that SB 98-141 be

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

and Labor favorable recommendation:

Amend printed bill, page 2, line 15, strike "SIGNIFICANCE OF THE";

line 16, strike "SIGNIFICANCE OF THE".

Business After consideration on the merits, the committee recommends that SB 98-115 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 3, strike line 3 and substitute "subdivisions should be sourced primarily from the private sector whenever possible.".

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

Affairs postponed indefinitely: SB 98-77

and Labor

Finance After consideration on the merits, the committee recommends that SB 98-116 be

amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 8 through 13 and substitute the following:

"HEREBY DECLARES THAT THE PURPOSE OF THIS PART 4 IS TO FACILITATE THE COLLECTION OF SALES AND USE TAX BY OUT­OF­STATE RETAILERS, ALLOW THE COLLECTION OF A STATEWIDE SINGLE RATE FEE IN LIEU OF SALES TAX BY OUT­OF­STATE RETAILERS, AND IMPLEMENT FEDERAL LEGISLATION AUTHORIZING STATES TO REQUIRE THE COLLECTION OF SALES OR USE TAX BY OUT­OF­STATE RETAILERS, WHICH SALES TAX OR USE TAX IS IMPOSED ON THE SALE OF TANGIBLE PERSONAL PROPERTY OR SERVICES TAXABLE UNDER THIS ARTICLE TO PERSONS IN THIS STATE AFFECTED BY SUCH RETAILERS THROUGH MAIL ORDER, USE OF THE INTERNET, OR OTHER MEANS.".

Page 3, strike lines 1 through 8 and substitute the following:

"(1)  AN OUT­OF­STATE RETAILER SUBJECT TO THE PROVISIONS OF THIS PART 4 SHALL FILE AN APPLICATION FOR A LICENSE PURSUANT TO SECTION 39­26­103 AND SHALL COLLECT AND REMIT THE STATE SALES OR USE TAX AND EITHER THE LOCAL SALES OR USE TAX OR THE IN­LIEU FEE IMPOSED ON SALES OF TANGIBLE PERSONAL PROPERTY AND SERVICES AFFECTED BY SUCH OUT­OF­STATE RETAILERS THROUGH MAIL ORDER, USE OF THE INTERNET, OR OTHER MEANS THAT ARE TAXABLE UNDER THIS PART 4.".

Page 4, strike lines 7 through 12 and substitute the following:

"SUBJECT TO THE PROVISIONS OF THIS PART 4 MAY COLLECT LOCAL SALES OR USE TAXES PURSUANT TO THE METHOD DESCRIBED IN SUBSECTION (2) OR (3) OF THIS SECTION, WHICHEVER IS APPLICABLE. IF THE METHODS IN BOTH SUBSECTION (2) AND SUBSECTION (3) OF THIS SECTION ARE APPLICABLE, THE OUT­OF­STATE RETAILER SHALL ELECT ONE SUCH METHOD TO COLLECT LOCAL SALES OR USE TAXES.".

Page 5, strike lines 22 through 26 and substitute the following:

"LEGISLATION AUTHORIZING STATES TO REQUIRE OUT­OF­STATE RETAILERS TO COLLECT SALES OR USE TAXES IN CONNECTION WITH SALES OF TANGIBLE PERSONAL PROPERTY OR TAXABLE SERVICES AFFECTED THROUGH MAIL ORDER, USE OF THE INTERNET, OR OTHER MEANS BY SUCH RETAILER.".

INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 98-172 by Senators Lacy, Blickensderfer, and Rizzuto; also Representatives Owen, Grampsas, and Romero--Concerning the elimination of the management fee imposed on the investment of certain state moneys by the state treasurer.

Finance

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

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

Whole 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:

SB 98-11 by Sen. Bishop--Prohibit Sex Offenders On School Bd

Amendment No. 1, Education Committee Amendment

(Printed in Senate Journal, January 30, pages 125-126.)

Amendment No. 2, by Senator Bishop

Amend the committee amendment, as printed in Senate Journal, January 30, page 125, line 47, strike "line 1" and substitute "lines 1 through 3";

line 60, strike "OF,";" and substitute "OF COMMISSION OF A SEXUAL OFFENSE AGAINST";";

after line 64, insert the following:

"line 14, strike "18­6­404," and substitute "18­6­402 to 18­6­404,";";

line 69, strike the second "SECTIONS" and substitute "OFFENSES".

Page 126, strike line 1 and substitute the following:

"(c)  FOR PURPOSES OF THIS SUBSECTION (5), "CONVICTED" INCLUDES HAVING PLEADED GUILTY OR NOLO CONTENDERE OR HAVING RECEIVED A DEFERRED JUDGMENT AND SENTENCE; EXCEPT THAT A PERSON SHALL NOT BE DEEMED TO HAVE BEEN CONVICTED IF THE PERSON HAS SUCCESSFULLY COMPLETED A DEFERRED SENTENCE.

SECTION 2.  1­4­803 (5), Colorado Revised Statutes, is".

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

SB 98-16 by Sen. Coffman--Stadium Construction Performance Bonds

Laid over until Monday, February 9, retaining its place on the calendar.

SB 98-58 by Sen. Tanner--Health Benefits For Diabetics

Amendment No. 1, Health, Environment, Welfare and Institutions Amendment

(Printed in Senate Journal, January 30, page 131.)

Amendment No. 2, by Senator Tanner

Amend the committee amendment, as printed in Senate Journal, January 30, page 131, line 40, strike "INCLUDES" and substitute "BENEFITS SHALL INCLUDE";

line 42, after "AND", insert "WHICH SHALL".

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

SB 98-147 by Sen. Powers; Rep. McElhany--Right To Remedy Residential Construction

Laid over until Monday, February 9, retaining its place on the calendar.

SB 98-49 by Sen. Schroeder; Rep. May--Tax Exempt Internet & On Line Services

Laid over until Monday, February 9, retaining its place on the calendar.

SB 98-76 by Sen. Weddig--Notaries Public

Amendment No. 1, Business Affairs and Labor Committee Amendment

(Printed in Senate Journal, January 30, pages 135-138.)

SB 98-76 As amended, ordered engrossed and placed on the calendar for Third Reading and Final

(Cont.) Passage

SB 98-66 by Sen. Wells; Rep. Kreutz--Disabled Jurors

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 2, page 141.)

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

HB 98-1043 by Rep. Arrington; Senator Congrove--Regulation Of Notaries

Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment

(Printed in Senate Journal, February 3, page 159.)

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

SB 98-70 by Sen. Tanner; Rep. Tate--Works Participants At Community Colleges

Amendment No. 1, by Senator Tanner

Amend printed bill, page 2, after line 15, insert the following:

"(II)  THE STATE DEPARTMENT, THE STATE DEPARTMENT OF LABOR AND EMPLOYMENT, AND THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION CREATED IN SECTION 23­60­104 (1) (b), C.R.S., SHALL ANNUALLY ANALYZE JOB MARKET INFORMATION IN ORDER TO ESTABLISH A COMPILATION OF THE TYPES OF JOBS MOST APPROPRIATE AND LIKELY TO LEAD TO LONG­TERM SELF­SUFFICIENCY FOR PARTICIPANTS. AS USED IN THIS SUBPARAGRAPH (II), "JOB MARKET INFORMATION" MEANS ANY STATE OR REGIONAL JOB MARKET OR LABOR DATA OR STATISTICS OR ANY INFORMATION RELATED TO STATE OR REGIONAL LABOR TRENDS THAT THE STATE DEPARTMENT OF LABOR AND EMPLOYMENT MAY HAVE OR TO WHICH IT MAY HAVE ACCESS.".

Renumber succeeding subparagraphs accordingly.

Page 3, line 22, strike "C.R.S.; AND" and substitute "C.R.S., BASED UPON THE JOB MARKET ANALYSIS PREPARED IN ACCORDANCE WITH SECTION 26­2­709 (2) (c) (II), C.R.S.; AND".

Page 4, after line 1, insert the following:

"SECTION 3.  No appropriation. 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.".

Renumber succeeding section accordingly.

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

SB 98-132 by Sen. Hopper; Rep. Grampsas--Prop Taxation of Nongaming Property

Ordered engrossed and placed on the calendar for Third Reading and Final Passage.

SB 98-114 by Sen. Wells; Rep. Kaufman--Division Of PERA In Dom Rel Cases

Amendment No. 1, Judiciary Committee Amendment

(Printed in Senate Journal, February 2, page 141.)

SB 98-114 Amendment No. 2, by Senator Wells

(Cont.)

Amend printed bill, page 3, strike lines 12 through 17 and substitute the following:

"MONTHS OF SERVICE CREDIT IN SUCH PLAN AS OF THE DATE OF THE DECREE AS DETERMINED BY THE PLAN, REGARDLESS OF WHEN THE PARTICIPANT IS EXPECTED TO RETIRE, WHICH QUOTIENT SHALL BE MULTIPLIED BY A PERCENTAGE SPECIFIED IN THE COURT'S ORDER, AND THE PRODUCT THEREOF SHALL BE FURTHER MULTIPLIED BY THE AMOUNT OF THE PAYMENT THE PARTICIPANT WOULD BE ENTITLED TO RECEIVE AS IF THE PARTICIPANT WERE TO RETIRE AND RECEIVE ON UNREDUCED BENEFIT ON THE DATE OF THE DECREE; OR";

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

SB 98-8 by Sen. Wells; Rep. Adkins--Prelim Hearings In Cl 4­6 Felonies

Laid over until Monday, February 9, retaining its place on the calendar.

ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE

On motion of Senator Chlouber, 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:

SB 98-132, declared passed on Second Reading.

SB 98-11 as amended, 98-58 as amended, 98-76 as amended, 98-66 as amended, 98-70 as amended, 98-114 as amended; HB 98-1043 as amended, declared passed on Second Reading.

SB 98-16, 98-147, 98-49, 98-8, laid over until Monday, February 9, retaining their place on the calendar.

______________________________

On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of Governor's Appointments to the State Board of Equalization.

______________________________

CONSIDERATION OF GOVERNOR'S APPOINTMENTS

On motion of Senator Coffman, the following Governor's appointments were confirmed by a roll call vote:

STATE BOARD

OF EQUALIZATION

for terms serving at the pleasure of the Governor:

JoAnn Groff of Westminster, Colorado, reappointed;

Lyle C. Kyle of Denver, Colorado, reappointed.

YES 32		NO 0		EXCUSED 3		ABSENT 0
Alexander	Y	Feeley	E	Mutzebaugh	YE	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	E
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	Y
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	E	Weddig	Y
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

INTRODUCTION AND CONSIDERATION OF RESOLUTION

SJR 98-5 by Senators Powers, Bishop and Norton; also Representative Owen--Memorializing the President and the Congress to enact legislation to rename the Washington National Airport as the "Ronald Reagan Washington National Airport".

WHEREAS, Legislation has been introduced in the United States House of Representatives (H.R. 2625) and the United States Senate (S. 1297) to rename the Washington National Airport as the "Ronald Reagan Washington National Airport"; and

WHEREAS, This federal legislation is intended to honor one of the greatest and most loved presidents of the United States; and

WHEREAS, President Ronald Reagan left the United States and the world a legacy of prosperity and freedom; and

WHEREAS, Naming the gateway to the nation's capital after President Ronald Reagan is a fitting tribute to his contributions to our nation and to the world; and

WHEREAS, This dedication should be completed in honor of President Reagan's eighty­seventh birthday on February 6, 1998;

Be It Resolved by the Senate of the Sixty­first General Assembly of the State of Colorado, the House of Representatives concurring herein:

That we, the members of the Colorado General Assembly, encourage the President and the Congress of the United States to enact legislation to rename the Washington National Airport as the "Ronald Reagan Washington National Airport".

Be it further resolved That the Secretary of the Senate transmit copies of this resolution to the President of the United States, the Vice­President of the United States, the Speaker of the United States House of Representatives, and to each member of the Colorado delegation to the Congress of the United States.

Senator Wells moved to suspend Senate Rule 30(b).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(b) was suspended and Immediate Consideration granted.

On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:

YES 29		NO 3		EXCUSED 3		ABSENT 0
Alexander	Y	Feeley	E	Mutzebaugh	YE	Tanner	Y
Ament	Y	Hernandez	Y	Pascoe	Y	Tebedo	E
Arnold	Y	Hopper	Y	Perlmutter	Y	Thiebaut	N
Bishop	YY	Johnson	Y	Phillips	Y	Wattenberg	Y
Blickensderfer	Y	Lacy	Y	Powers	E	Weddig	N
Chlouber	Y	Lamborn	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	N	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y

Co-sponsors added: Ament, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Hopper, Lacy, Lamborn, Mutzebaugh, Schroeder, Wattenberg, Wells.

COMMITTEE OF REFERENCE REPORTS

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

Environment, referred favorably to the Committee on Business Affairs and Labor: SB 98-142

Welfare and

Institutions

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

Environment, postponed indefinitely: SB 98-121

Welfare and

Institutions

Health, The Committee on Health, Environment, Welfare and Institutions has had under

Environment, consideration and has had a hearing on the following appointments and recommends that

Welfare and the appointments be confirmed:

Institutions

COLORADO COMMISSION

ON THE AGING

for terms expiring July 1, 1998:

Jean M. Hubbs of Crowley, Colorado, to serve as a Republican from the Fourth Congressional District and to fill a vacancy occasioned by the resignation of Edwin D. Bein, appointed;

Mary L. Steiner of Allenspark, Colorado, to serve as a Republican from the Second Congressional District and to fill a vacancy occasioned by the resignation of Jacqueline M. Heppler, appointed;

Local After consideration on the merits, the committee recommends that SB 98-117 be

Government amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

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

"SECTION 1. Part 1 of article 1 of title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

19­1­125. Study of the provision of youth development services ­ legislative declaration ­ report ­ repeal. (1) (a)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE STATE OF COLORADO EXPENDS MILLIONS OF DOLLARS EACH YEAR ON THE COMMITMENT AND INCARCERATION OF JUVENILES THROUGH THE DIVISION OF YOUTH CORRECTIONS. THE GENERAL ASSEMBLY FURTHER RECOGNIZES THAT AFTER SERVING THE REQUIRED PERIOD OF TIME, MANY OF THESE JUVENILES ARE RETURNED TO SOCIETY ONLY TO COMMIT FUTURE CRIMES AGAINST SOCIETY. THE GENERAL ASSEMBLY FINDS THAT SOME OF THE LIMITED STATE RESOURCES OTHERWISE EXPENDED ON THE ADJUDICATION OF JUVENILES AND THEIR INCARCERATION MAY BE BETTER DIRECTED, IN SOME CIRCUMSTANCES, TOWARD POSITIVE EARLY INTERVENTION AND YOUTH CRIME PREVENTION PROGRAMS. THE GENERAL ASSEMBLY ALSO FINDS THAT SOME ESTABLISHED, STATE­FUNDED PREVENTION AND INTERVENTION PROGRAMS ARE NOT AS EFFECTIVE AS OTHERS AND THAT LIMITED STATE RESOURCES SHOULD BE DIRECTED TO THE MOST EFFECTIVE PROGRAMS SERVING YOUTH. SPECIFICALLY, THE GENERAL ASSEMBLY FINDS THAT COMPREHENSIVE, COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES FOR AT-RISK YOUTH GEARED TOWARD DIRECTING YOUTH'S SOCIAL DECORUM, CAREER OPPORTUNITIES, AND OTHER BENEFICIAL ATTRIBUTES SUCH AS GOOD CITIZENSHIP, IMPROVED SCHOLASTIC PERFORMANCE, PARENTING SKILLS AND OTHER LIFE SKILLS, ANTI­CRIME AND NONVIOLENT BEHAVIOR, ENHANCEMENT OF POSITIVE SELF­EXPRESSION, AND POSITIVE PEER RELATIONS ARE MOST BENEFICIAL TO THE YOUTH OF COLORADO AS WELL AS TO ALL OTHER CITIZENS OF THE STATE OF COLORADO.

(b)  "AT-RISK YOUTH" MEANS A PERSON WHO IS AT LEAST TEN YEARS OF AGE AND LESS THAN 18 YEARS OF AGE, OR WHO HAS BEEN DETERMINED TO BE DEPENDENT OR NEGLECTED, OR ADJUDICATED A JUVENILE DELINQUENT, OR ABUSES OR HAS ABUSED CONTROLLED SUBSTANCES OR ALCOHOL, OR IS EXPECTING TO BECOME A PARENT IN THE NEXT NINE MONTHS, OR IS FAILING SCHOOL, OR IS A TRUANT OR DROP-OUT FROM SCHOOL, OR IS HOMELESS.

(c)  ACCORDINGLY, THE GENERAL ASSEMBLY HEREBY DETERMINES THAT IT IS APPROPRIATE TO CONDUCT A STUDY OF THE PROVISION OF YOUTH DEVELOPMENT SERVICES FUNDED BY THE STATE, THE EFFECTIVENESS OF SUCH SERVICES, THE COSTS ASSOCIATED WITH SUCH SERVICES, AND THE COMPARATIVE COSTS OF COMMITTING JUVENILE DELINQUENTS IN ORDER TO PROPERLY EVALUATE THE APPROPRIATENESS OF FUNDING SUCH SERVICES.

SB 98-117

(Cont.)

(2)  THE DEPARTMENT OF HUMAN SERVICES SHALL CONDUCT A STUDY OF THE PROVISION OF YOUTH DEVELOPMENT SERVICES. IN ADDITION, THE DEPARTMENT OF HUMAN SERVICES SHALL STUDY THE COSTS, BOTH STATE AND LOCAL, DIRECT AND INDIRECT, ASSOCIATED WITH SUCH YOUTH DEVELOPMENT SERVICES. THE DEPARTMENT OF HUMAN SERVICES SHALL ALSO STUDY THE COSTS ASSOCIATED WITH THE COMMITMENT OF JUVENILE DELINQUENTS THROUGH THE DIVISION OF YOUTH CORRECTIONS.

(3)  THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE AVAILABLE TO MEMBERS OF THE GENERAL ASSEMBLY, WITH COPIES SENT TO MEMBERS OF THE HOUSE AND SENATE HEALTH, ENVIRONMENT, WELFARE AND INSTITUTIONS, AND JUDICIARY COMMITTEES, A REPORT, PURSUANT TO THE STUDY CONDUCTED UNDER THIS SECTION ON OR BEFORE DECEMBER 1, 1998, CONCERNING THE FOLLOWING:

(a)  THE IDENTIFICATION OF YOUTH DEVELOPMENT SERVICES FUNDED IN FULL OR IN PART BY THE STATE;

(b)  THE EFFECTIVENESS OF SUCH YOUTH DEVELOPMENT SERVICES IN PREVENTING CRIME OR VIOLENCE BY THE YOUTHS SERVED AND IN DEVELOPING OTHER POSITIVE ATTRIBUTES IN THE YOUTHS SERVED;

(c)  THE NUMBER OF YOUTHS SERVED BY EACH YOUTH DEVELOPMENT SERVICE IDENTIFIED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (3);

(d)  THE COST ASSOCIATED WITH EACH YOUTH DEVELOPMENT SERVICE IDENTIFIED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (3);

(e)  THE COST OF COMMITTING AND INCARCERATING YOUTHS ADJUDICATED PURSUANT TO ARTICLE 2 OF THIS TITLE;

(f)  A COMPARISON OF THE COSTS OF THE YOUTH DEVELOPMENT SERVICES AND THE INCARCERATION OF YOUTHS ADJUDICATED PURSUANT TO ARTICLE 2 OF THIS TITLE.

(4)  THE DEPARTMENT OF HUMAN SERVICES AND THE STATE AUDITOR'S OFFICE SHALL WORK COOPERATIVELY IN FULFILLING THE DUTIES WITH WHICH EACH IS CHARGED PURSUANT TO THIS SECTION AND SECTION 2­3­112, C.R.S., RESPECTIVELY.

(5)  THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 1999.

SECTION 2. 19­1­103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

19­1­103. Definitions. As used in this title or in the specified portion of this title, unless the context otherwise requires:

(113) (a)  "YOUTH DEVELOPMENT SERVICES" MEANS SERVICES AND PROGRAMS OFFERED TO YOUTHS UNDER EIGHTEEN YEARS OF AGE FOR THE PURPOSE OF YOUTH CRIME PREVENTION OR INTERVENTION OR FOR OTHER YOUTH DEVELOPMENT PURPOSES SUCH AS THE DIRECTION OF SOCIAL DECORUM, THE PROVISION OF CAREER OPPORTUNITIES, THE DEVELOPMENT OF GOOD CITIZENSHIP, THE IMPROVEMENT OF SCHOLASTIC PERFORMANCE, THE DEVELOPMENT OF PARENTING SKILLS AND OTHER LIFE SKILLS, THE ENHANCEMENT OF POSITIVE SELF­EXPRESSION, AND THE DEVELOPMENT OF POSITIVE PEER RELATIONS.

(b)  THIS SUBSECTION (113) IS REPEALED, EFFECTIVE JUNE 30, 1999.

SECTION 3. 19­1­310, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

SB 98-117

(Cont.)

19­1­310. Information related to intervention and prevention programs ­ review and evaluation of programs ­ study of youth development services. (3) (a)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT OF HUMAN SERVICES SHALL HAVE ACCESS TO ALL RECORDS AND INFORMATION RELATED TO THE PERSONS SERVED BY YOUTH DEVELOPMENT SERVICES BEING STUDIED PURSUANT TO SECTION 19­1­125 FOR THE LIMITED PURPOSE OF CONDUCTING SUCH STUDY. THE DEPARTMENT OF HUMAN SERVICES SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE INFORMATION RECEIVED PURSUANT TO THIS SECTION AND SECTION 19­1­125 AND SHALL NOT DISCLOSE ANY CONFIDENTIAL INFORMATION.

(b)  THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JUNE 30, 1999.

SECTION 40  Appropriation. In addition to any other appropriation, there is hereby appropriated out of any moneys in the general fund not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 1998, the sum of ___ dollars ($ ) and ___ FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 50  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".

Page 1, strike lines 101 through 105 and substitute the following:

"CONCERNING THE STUDY OF THE PROVISION OF YOUTH DEVELOPMENT SERVICES, AND MAKING AN APPROPRIATION THEREFOR.".

Education After consideration on the merits, the committee recommends that HB 98-1031 be

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

Amend reengrossed bill, page 11, strike lines 16 through 21 and substitute the following:

"PRIVATE OCCUPATIONAL SCHOOLS;".

Page 14, strike lines 8 through 12 and substitute the following:

"(e) Award associate degrees unless such entity has met the total and general course hour standards established by the state board.".

Education After consideration on the merits, the committee recommends that the following be postponed indefinitely: SB 98-105

Judiciary After consideration on the merits, the committee recommends that SB 98-137 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 7, line 4, strike "PROVIDE" and substitute "PROVIDE, FOR PURPOSES OF PRETRIAL PREPARATION AND IN COURT PROCEEDINGS,";

line 5, strike "SPECIFIC INFORMATION CONCERNING";

line 6, strike "HAD" and substitute "WAS PROVIDED";

line 12, strike "CONTAINING SPECIFIC INFORMATION";

line 14, strike "HAD" and substitute "WAS PROVIDED";

strike line 17 and substitute the following:

"OFFICER OR EMPLOYEE WHO HAS KNOWLEDGE REGARDING";

line 18, strike "SPECIFIC INFORMATION CONCERNING";

line 19, strike "HAD" and substitute "WAS PROVIDED";

line 20, after the period, add "SAID OFFICER OR EMPLOYEE SHALL PROVIDE SUCH EVIDENCE FOR PURPOSES OF PRETRIAL PREPARATION AND IN COURT PROCEEDINGS.";

SB 98-137

(Cont.)

line 25, strike "THE JUDGE,";

line 26, strike "THE DISTRICT ATTORNEY, AND THE DEFENSE ATTORNEY,".

Page 8, line 3, strike "A NEW PARAGRAPH" and substitute "THE FOLLOWING NEW PARAGRAPHS";

after line 13, insert the following:

"(e)  THE STATE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND ANY LOCAL DEPARTMENT OF HEALTH, UPON BEING CONTACTED BY A DISTRICT ATTORNEY PURSUANT TO SECTION 18­3­415.5 (3) (a), C.R.S., SHALL PROVIDE THE INFORMATION SPECIFIED IN SAID SECTION.";

line 14, strike "(e)" and substitute "(f)";

line 16, strike "PROVIDE" and substitute "PROVIDE, FOR PURPOSES OF PRETRIAL PREPARATION AND IN COURT PROCEEDINGS,";

line 17, strike "SPECIFIC INFORMATION";

line 18, strike "CONCERNING";

line 20, strike "HAD" and substitute "WAS PROVIDED".

Judiciary After consideration on the merits, the committee recommends that SB 98-99 be amended as follows and, as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 18, strike "PREVENTATIVE" and substitute "preventive".

Page 5, line 21, strike "BODY" and substitute "BODY, ACTING COLLECTIVELY OR THROUGH A DESIGNEE,".

Page 6, line 12, after "GOVERNMENT", insert "OR ITS DESIGNEE";

line 20, after "BODY", insert "OR ITS DESIGNEE".

Page 7, strike lines 2 and 3 and substitute the following:

"NOT EITHER ADOPT A RESOLUTION AUTHORIZING THE NEEDLE EXCHANGE PROGRAM IMPLEMENTATION PLAN OR DENY THE PLAN WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE PLAN IS SUBMITTED TO THE GOVERNING BODY, THE PLAN SHALL BE DEEMED DENIED, UNLESS THE GOVERNING BODY AND THE NOT­FOR­PROFIT ORGANIZATION OR LOCAL HEALTH DEPARTMENT THAT SUBMITTED THE PLAN HAVE MUTUALLY AGREED TO EXTEND THE PERIOD FOR CONSIDERATION. THE NOT­FOR­PROFIT ORGANIZATION";

strike lines 6 through 8 and substitute the following:

"PREVIOUS PLAN.";

strike line 11 and substitute the following:

"HEALTH DEPARTMENT SHALL CONSULT WITH THE LOCAL LAW ENFORCEMENT AGENCIES LOCATED WITHIN THE JURISDICTION TO WHICH THE NOT­FOR­PROFIT ORGANIZATION OR LOCAL HEALTH DEPARTMENT SUBMITS AN APPLICATION. IN ADDITION, THE NOT­FOR­PROFIT ORGANIZATION OR LOCAL HEALTH DEPARTMENT IS ENCOURAGED TO CONSULT WITH OTHER APPROPRIATE";

line 14, strike "LOCAL LAW ENFORCEMENT AGENCIES,".

Page 10, line 7, strike "SHALL ALSO" and substitute "IS ENCOURAGED TO".

Judiciary After consideration on the merits, the committee recommends that SB 98-20 be amended as follows and, as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike lines 17 through 22.

Page 3, strike lines 1 through 25.

Renumber succeeding sections accordingly.

Page 3, line 26, strike "(2) (a) (II), (4)," and substitute "(4)".

Page 4, strike lines 2 through 12 and substitute the following:

"24­31­303.  Duties ­ powers of the P.O.S.T. board. (4)  Variances from the provisions of this part 3 and regulations issued pursuant thereto may be granted by the P.O.S.T. board where strict application thereof would result in practical difficulty or unnecessary hardship and where the variance would not conflict with the basic purposes and policies of this part 3.";

line 17, strike "amended" and substitute "amended, and the said 24­31­305 is further amended BY THE ADDITION OF A NEW SUBSECTION,".

Page 5, after line 6, insert the following:

"(4)  THE P.O.S.T. BOARD MAY GRANT VARIANCES FROM THE REQUIREMENTS OF THIS SECTION IF STRICT APPLICATION THEREOF WOULD RESULT IN PRACTICAL DIFFICULTY OR UNNECESSARY HARDSHIP AND WHERE THE VARIANCE WOULD NOT CONFLICT WITH THE BASIC PURPOSES AND POLICIES OF THIS PART 3.";

after line 11, insert the following:

"SECTION 5.  24-31-306, Colorado Revised Stautes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24-31-306. Qualifications for peace officers - repeal. (9) (a) ANY PERSON EMPLOYED AS A PARKS AND RECREATION OFFICER DESCRIBED IN SECTION 18-1-901 (3) (l) (III) AS OF JANUARY 1, 1995, SHALL HAVE SATISFIED THE TRAINING REQUIRED BY SECTION 24-31-305 (1) (a) (II) IF THE PERSON HAS:

(I) SUCCESSFULLY COMPLETED, PRIOR TO JANUARY 1, 1982, BASIC TRAINING PROVIDED BY THE COLORADO DIVISION OF PARKS AND RECREATION; AND

(II) BEEN CONTINUOUSLY EMPLOYED AS A PARKS AND RECREATION OFFICER SINCE COMPLETION OF SUCH TRAINING.

(b) ANY PERSON EMPLOYED AS A PARKS AND RECREATION OFFICER DESCRIBED IN SECTION 18-1-901 (3) (1) (III) AS OF JANUARY 1, 1995, SHALL HAVE SATISFIED THE TRAINING AND EXAMINATION REQUIRED BY SECTION 24-31-305 (1) (a) (II) AND (III) IF THE PERSON HAS:

(I) SUCCESSFULLY COMPLETED, PRIOR TO JANUARY 1, 1995, BASIC TRAINING APPROVED BY THE P.O.S.T. BOARD; AND

(II) BEEN CONTINUOUSLY EMPLOYED AS A PARKS AND RECREATION OFFICER SINCE COMPLETION OF SUCH TRAINING.

(c) THIS SUBSECTION (9) IS REPEALED, EFFECTIVE JULY 1, 1999.

SECTION 6. 33-10-109 (1), Colorado Revised Statutes, is amended to read:

33-10-109. Powers and duties of director.  (1) It is the duty of the director to:

SB 98-20

(Cont.)

(a) Appoint such personnel, subject to the provisions of section 13 of article XII of the state constitution, as are necessary for the efficient operation of the division, including such personnel designated as parks and recreation officers. An employee of the division may be certified as a parks and recreation officer by the issuance of a parks and recreation officer law enforcement card. The commission card, signed by the director, shall evidence that such parks and recreation officer has satisfied the certification requirements established by the division, INCLUDING BASIC CERTIFICATION FROM THE PEACE OFFICER STANDARDS AND TRAINING BOARD. Certified parks and recreation officers shall have the power to enforce the provisions of articles 10 to 15 and 32 of this title relating to parks and outdoor recreation areas and shall cooperate with the division of wildlife in the enforcement of laws, rules, and regulations.".

Renumber succeeding sections accordingly.

Page 6, strike line 10 and substitute the following:

"ESTABLISHED IN SUBPARAGRAPHS (I) TO (III) OF THIS PARAGRAPH (b).";

strike lines 15 through 18 and substitute "AN ADDITIONAL SIX MONTHS".

______________________________

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 Friday, February 6, was laid over until Monday, February 9, retaining its place on the calendar.

______________________________

TRIBUTES--A POINT OF INTEREST

Honoring Staff of the Living Waters Day Care Center by Senator Wells

On motion of Senator Wells, the Senate adjourned until 10:00 a.m., Monday,

February 9, 1998.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate