Journal for 03/28/2000

House Journal--84th Day--March 28, 2000

2/28/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Eighty-fourth Legislative Day Tuesday, March 28, 2000

Prayer by Pastor Rick Long, Grace Church, Arvada.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--62.

Excused--Representatives McElhany, Paschall, Tool--3.

Present after roll call--Representative Paschall.

The Speaker declared a quorum present.

_______________

On motion of Representative King, the reading of the journal of March 27, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

After consideration on the merits, the Committee recommends the following:

HB00-1431

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

Amend printed bill, page 4, line 15, strike "

domestic

strike line 16;

line 17, strike "

treatment facility,

Page 5, line 17, strike "

~~treatment~~

" and substitute "treatment";

line 23, strike "

~~treatment~~

" and substitute "treatment".

Page 6, line 23, strike "application," and substitute "

~~application~~

certification for water and wastewater facility operators, including application for certification,

Page 7, line 1, strike "

the development of

Page 9, line 19, strike "

of the board

" and substitute "

of the division

line 26, strike "

treatment

Page 10, line 1, strike "are as follows:" and substitute "

~~are as follows~~

shall include but shall not be limited to:

line 19, strike "

distributions

" and substitute "

distribution

Page 21, line 7, after "

C.R.S.

", add "

The determination of the board following a hearing shall be considered final agency action as to whether a violation has occurred.

Page 22, strike lines 4 through 12 and substitute the following:

SECTION 14.

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.".

HB00-1432

be referred favorably to the Committee on Appropriations.

SB00-188

be referred favorably to the Committee on Judiciary.

LOCAL GOVERNMENT

After consideration on the merits, the Committee recommends the following:

HB00-1437

be referred to the Committee of the Whole with favorable recommendation.

HB00-1458

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

Amend printed bill, page 2, line 13, after the period, add "

The provisions of this subsection (7.5) shall also apply to employees of the state who are exempt from the state personnel system and who are members of the public employees' retirement association.

Page 3, line 19, strike "24-51-101 (25)." and substitute "

24-51-101 (25), subject to the limitations specified in section 24-51-101 (25)

(b) (I).".

Page 4, strike lines 3 through 6 and substitute the following:

1988, and are eligible for service or reduced service retirement. Any sick leave converted pursuant to this paragraph

(g)

may be converted in conformance with similar terms and conditions that are specified for state employees pursuant to this section. Sick

Page 5, line 10, strike "

that occurs on or after July 1, 2001, pursuant

line 11, strike "

" and substitute "

as determined in

SB00-135

be referred favorably to the Committee on Appropriations.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HB00-1007 and 1265.

______________

INTRODUCTION OF BILLS
First Reading

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

HB00-1461

by Representatives Lee, Fairbank, McKay, Paschall, Scott, and Stengel; also Senator Blickensderfer--Concerning assistance for school-age victims of violent crime who received physical injuries as a result of such crimes, and, in connection therewith, providing assistance to the victims of the Columbine high school massacre.

Committee on Finance

Committee on Appropriations

HB00-1462

by Representative Dean; also Senator Lacy--Concerning the replacement of certain incentives for businesses to establish new business facilities or expand existing facilities with a tax credit against state taxes in an amount equal to a portion of the amount of personal property taxes paid to a school district as a means to refund state revenues in excess of the constitutional limitation on state fiscal year spending.

Committee on Finance

Committee on Appropriations

HB00-1463

by Representatives Grossman, Kaufman, Miller, Morrison, Smith; also Senators Blickensderfer, Matsunaka, Perlmutter, Wattenberg, Wham--Concerning the revision of statutes in the Colorado Revised Statutes, as amended, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws.

Committee on Judiciary

SB00-165

by Senators Pascoe, Rupert, Thiebaut; also Representative Gordon--Concerning spousal maintenance.

Committee on Judiciary

SB00-196

by Senators Wattenberg, Blickensderfer; also Representative George--Concerning the requirement that subdivision regulations of local governments ensure the provision of adequate public utility service in the development of subdivisions.

Committee on Local Government

______________

INTRODUCTION OF RESOLUTION

The following resolution was read by title and laid over one day under the rules:

HJR00-1020

by Representatives Sinclair, Miller, May, Pfiffner, Coleman, Gotlieb, King, Mace, Nuñez, Scott, Takis, Taylor, Tochtrop, and Zimmerman--Concerning funding for the United States' armed forces.

WHEREAS, The amount of money that the United States is spending on military defense has decreased more than 30 percent since 1989; and

WHEREAS, The nation currently spends less than 17 percent of its total federal budget on the military, which is the lowest percentage since just before World War II; and

WHEREAS, The goal of the current administration was to maintain forces big enough to fight and win two Gulf War-type regional conflicts almost at the same time. The General Accounting Office reports, however, that the current military budget falls 150 billion dollars short of such goal; and

WHEREAS, The level of the country's military readiness is dangerously low; and

WHEREAS, Ten years ago, 70 percent of U.S. Navy ships in U.S. ports were rated in a high state of readiness to deploy quickly, whereas today, only 50 percent rate in a high state of readiness to deploy quickly; and

WHEREAS, The readiness of U.S. fighter squadrons has fallen from 86 percent in 1992, to 75 percent in 1999; and

WHEREAS, The U.S. Army has been forced to waive training requirements because of shortages of ammunition, rockets, and grenades; and

WHEREAS, Thousands of Humvee trucks bought in the 1980s are in poor condition and currently, only 52 percent of the Humvees in the U.S. Marine Corps' reserve forces are in good repair; and

WHEREAS, The average cost per flight hour of U.S. Marine Corps aircraft has soared nearly 50 percent in the past 3 years due to more frequent repairs; and

WHEREAS, The recent strength of the nation's economy, and in particular the high number of quality job opportunities for young people, has contributed to the U.S. Air Force and the U.S. Navy failing to meet their recruitment goals for the current fiscal year; and

WHEREAS, There is a 14 percent pay gap between civilian and military pay; and

WHEREAS, Retention rates for experienced military personnel are falling; and

WHEREAS, The lack of new equipment and experienced personnel is beginning to show; for instance, the rate of major accidents for U.S. Navy aircraft has risen dramatically from 1.29 accidents per 100,000 flight hours in 1997 to 2.3 accidents per 100,000 flight hours in 1998; and

WHEREAS, We must encourage the United States Congress and the President of the United States to increase military pay so it is competitive with civilian pay; and

WHEREAS, We must encourage the United States Congress and the President of the United States to increase retirement and health benefits so the military can be considered a financially viable career option; and

WHEREAS, We must encourage the United States Congress and the President of the United States to improve the financing of existing forces which have been asked to do too much, too often, with too little; and

WHEREAS, We cannot feel secure in our freedom unless we are able to defend our freedom; now, therefore,

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

That we, the members of the Sixty-second General Assembly, request the United States Congress and the President of the United States to significantly increase the amount of spending for the nation's armed forces.

Be It Further Resolved,

That copies of this resolution be sent to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Colorado's Congressional Delegation.

______________

CONSIDERATION OF RESOLUTION

HJR00-1016

by Representatives Gotlieb, Alexander, Coleman, Hefley, Leyba, McPherson, Ragsdale; also Senators Dyer, Evans, Linkhart, Rupert, Wham--Concerning Colorado nonprofit day.

(Printed and placed in member's file; also printed in House Journal, March 15, pages 938-939.)

On motion of Representative Gotlieb, the resolution was read at length and

adopted

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany E

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool E

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Roll call of the House.

_______________

On motion of Representative Dean,

SB00-065

shall be made Special Orders on Tuesday, March 28, 2000, at 9:31 a.m.

_______________

The hour of 9:31 a.m. having arrived, on motion of Representative Young, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILL

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

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

SB00-065

by Senators Owen, Lacy, Tanner; also Representatives Saliman, Berry, Tool-Concerning access to funds for the temporary assistance for needy families program in order to make transfers allowable under federal law.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

SB00-065

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 58 NO 2 EXCUSED 2 ABSENT 3

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke N

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson -

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany E

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant -

Ragsdale Y

Saliman Y

Scott -

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop N

Tool E

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

________________

On motion of Representative Young, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

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

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

SB00-103

by Senator Feeley; also Representative George--Concerning the establishment of the Colorado commission on fair taxation.

Amendment No. 1

, Finance Report, dated March 2, 2000, and placed in member’s bill file; Report also printed in House Journal, March 3, page 827.

Amendment No. 2

, by Representative George.

Amend the Finance Committee Report, dated March 2, 2000, page 1, strike lines 2 through 4 and substitute the following:

"and substitute "

for

line 24 of the reengrossed bill, strike "

thirteen

" and substitute "

fifteen

line 26 of the reengrossed bill, strike "

Two

" and substitute "

Three

Page 3 of the reengrossed bill, line 2, after "

senate;

", add "

and

line 3 of the reengrossed bill, strike "

Two

" and substitute "

Four

";".

Amendment No. 3

, by Representative George.

Amend reengrossed bill, page 4, before line 26, insert the following:

"(4)

If the final report includes a recommendation that legislation be adopted, a majority vote of the entire commission rather than just a majority vote of the legislative members shall be required to approve the recommendation.".

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

SB00-171

by Senators Tanner, Dennis, Hernandez, Lacy, Martinez, Musgrave, Nichol, Reeves, Rupert, Thiebaut; also Representatives Berry, Clarke--Concerning certain abandoned children.

Amendment No. 1

, Judiciary Report, dated March 2, 2000, and placed in member’s bill file; Report also printed in House Journal, March 3, page 829.

Amendment No. 2

, by Representative Berry.

Amend reengrossed bill, page 3, after line 17, insert the following:

"(5)

Each county department of human services shall maintain and update on a monthly basis a report of the number of children who have been abandoned pursuant to this section. Each county department of human services shall submit such information to the state department of human services.

(6) The state department of human services shall submit an annual report to the general assembly, beginning January 1, 2001, that compiles the monthly reports, required pursuant to subsection (5) of this section, of the number of children abandoned pursuant to this section

.".

Amendment No. 3

, by Representative Swenson.

Amend reengrossed bill, page 2, line 11, strike "

firefighter

," and substitute "

firefighter at a fire station,

line 12, after "

member

", insert "

at a hospital

line 19, strike "

firefighter

," and substitute "

firefighter at a fire station,

line 21, after "

member

", insert "

at a hospital

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

SB00-160

by Senator Evans; also Representative Clapp--Concerning local control over the hiring of administrative personnel by school districts.

Amendment No. 1

, Education Report, dated March 8, 2000, and placed in member’s bill file; Report also printed in House Journal, March 9, pages 869-870.

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

HB00-1053

by Representative Mitchell; also Senator Blickensderfer--Concerning the exclusion from Colorado taxable income of charitable contributions made by a non-itemizing taxpayer.

Amendment No. 1

, Appropriations Report, dated March 10, 2000, and placed in member's bill file; Report also printed in House Journal, March 10, page 888.

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

HB00-1178

by Representative Larson; also Senator Musgrave-- Concerning proration of payments required for special mobile machinery.

Amendment No. 1

, Transportation & Energy Report, dated January 26, 2000, and placed in member’s bill file; Report also printed in House Journal, January 28, pages 219-220.

Amendment No. 2

, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, page 889.

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

SB00-057

by Senator Hillman; also Representative McPherson--Concerning the creation of an unclaimed property trust fund that consists of moneys collected by the treasurer under the Colorado "Unclaimed Property Act", and, in connection therewith, providing for the use of the principal and interest of the unclaimed property trust fund, eliminating the unclaimed property cash funds, and declaring the moneys in the trust fund exempt from fiscal year spending and state appropriation.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

On motion of Representative Dean, the remainder of the General Orders Calendar (

HB00-1125, 1246, 1033, 1042, 1380, SB00-068, 069, 106, 144, HB00-1426, SB00-189, 024, HB00-1076, 1331, 1067, SB00-195, 191, 012, 176, 088, HB00-1261, 1433, 1435, SB00-003, 145, 154, HB00-1434, 1072, SB00-120, HB00-1444, SCR00-002

) was laid over until March 29, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

SB00-103 amended, 171 amended, 160 amended, HB00-1053 amended, 1178 amended, SB00-057

Laid over until date indicated retaining place on Calendar:

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool E

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

SB00-186

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until March 29, retaining place on Calendar:

Consideration of Conference Committee Report--

SB00-087

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1012, 1007, HR00-1011, 1012, HJR00-1014

Consideration of Senate amendments--

HB00-1243, 1040, 1105, 1112, 1180, 1391, 1309, 1024, 1108, 1212, 1185, 1258, 1314, 1078, 1099, 1114, 1186, 1207, 1300, 1416, 1222, 1269, 1313, 1326, 1001, 1056, 1095, 1096, 1284, 1319, 1333, 1347, 1352, 1322, 1150, 1167, 1202, 1208, 1216, 1229, 1249, 1336

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., March 29, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: