This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Ninety-ninth Legislative Day Wednesday, April 15, 1998

Prayer by Pastor Stephen Swanson, St. Paul's Lutheran Church, Denver.

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

The roll was called with the following result:

Present--63.

Absent and excused--Representatives Lawrence, Schauer--2.

Present after roll call--Representative Schauer.

The Speaker declared a quorum present.

_______________

On motion of Representative Veiga, the reading of the journal of April 14, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

MEMORANDUM

REPORT FROM THE HOUSE AND SENATE

COMMITTEES ON DELAYED BILLS

Pursuant to Joint Rule 23, the House and Senate Committees on Delayed Bills, acting jointly extend the following deadline for House Bill 98-1401, Concerning the Long Appropriation Bill:

The April 13 deadline for adoption of any conference committee report on the Long Appropriation Bill is extended until April 20, 1998.

(signed)

Charles E. Berry Tom Norton

Norma Anderson Jeffrey Wells

Carol Snyder Mike Feeley

_______________

REPORTS OF COMMITTEES OF REFERENCE

JUDICIARY

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

SB98-180 be referred to the Committee on Appropriations with favorable recommendation.

LEGAL SERVICES

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

SB98­109 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 5, strike lines 19 through 25.

Renumber succeeding subparagraphs accordingly.

Page 8, after line 20, insert the following:

"(III)  The portion of Sales Tax Regulation 26­114.11 of the rules of the department of revenue (1 CCR 201­4), commencing with the word "INTRODUCTION:" through the last paragraph that precedes paragraph (A) of the regulation; except that the following paragraph is extended: "For machinery to be used predominantly in manufacturing, the greatest use of the machinery must be its use in manufacturing. If a machine has other uses in addition to its manufacturing use, the manufacturing use must be greater than 50% of all use to qualify for the exemption. For purposes of determining whether the manufacturing use of an item of machinery is greater than 50% of all use, machinery which is shut off is not in use, even while being repaired or maintained.".

(IV)  Paragraph (C) of Sales Tax Regulation 26­114.11 of the rules of the department of revenue (1 CCR 201­4), concerning the definition of "MACHINERY".".

Page 12, after line 9, insert the following:

"(5)  Rule 3.850.66, concerning interim relief ­ Colorado works and child care assistance, of the rules of the state board of human services, of the department of human services, concerning income maintenance (9 CCR 2503­1), which rule was adopted on or after November 1, 1997, is repealed.

(6)  Rule 8.079.4. G., concerning MCO quality assurance programs, of the rules of the medical services board, of the department of health care policy and financing (10 CCR 2505­10), which rule was adopted on or after November 1, 1997, is repealed.".

Renumber succeeding subsection accordingly.

STATE, VETERANS AND MILITARY AFFAIRS

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

SB98-167 be referred to the Committee on Appropriations with favorable recommendation.

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1007, 1033, 1036, 1039, 1053, 1117, 1154, 1177, 1215, 1245, 1264, 1269, 1296, 1304, 1371, 1376, 1395.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:

SB98- 177, amended as printed in Senate Journal, April 13, pages 753-754;

SB98- 188, amended as printed in Senate Journal, April 13, pages 754 and 756;

HB98-1234, amended as printed in Senate Journal, April 3, pages 685-687 and 688, and April 13, pages 755-756;

HB98- 1401, amended as printed in Senate Journal, April 6, pages 697-706 and 706-712, and on Third Reading as printed in Senate Journal, April 9, pages 737-738, and 740-744.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB98-177, 188, HB98-1234 and 1401.

______________

MESSAGE FROM THE GOVERNOR

I certify I received the following on the 14th day of April, 1998, at 4:55 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

April 14, 1998

The Honorable Colorado

House of Representatives

Sixty-first General Assembly

Second Regular Session

Denver, CO 80203

Ladies and Gentlemen:

I am filing with the Secretary of State House Bill 98-1363, "Concerning the Provision by Electors of the Last Four Digits of an Elector's Social Security Number in Connection with Voter Registration." As of this date, I have neither signed nor vetoed the bill. Therefore, according to state law, it became effective today at 12:01 a.m. This letter sets forth my reasoning for letting the bill become law without my signature.

The bill requires county clerks to keep Social Security numbers of voters confidential. I support the confidentiality provision because I do not believe voters should be obligated to make their Social Security numbers public. This is an important improvement of the existing law.

However, the bill also would require county clerks to ask voters for the last four digits of their Social Security numbers, if they do not provide their full social security numbers. I am concerned that by repeatedly asking voters for Social Security numbers, we may intimidate some voters. Frankly, I worry that our current law, which allows clerks to ask voters to provide their full Social Security numbers on a voluntary basis, may unintentionally intimidate voters based on their age, race or ethnicity.

This could lead to an environment where certain voters could be harassed and held to a higher standard than other voters. This runs counter to the American tradition of encouraging all eligible voters to vote. I hope that county clerks and other election officials respect both the law and the tradition, and do not use this authority to discourage anyone from exercising the fundamental right and privilege of voting.

Sincerely,

(signed)

Roy Romer

Governor

______________

INTRODUCTION OF BILLS

First Reading

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

SB98-177 by Senators Lacy, Rizzuto, and Blickensderfer; also Representatives Grampsas, Owen, and Romero--Concerning the administration by the public utilities commission of mechanisms for the support of universal telephone service in high cost areas.

Committee on Business Affairs and Labor.

SB98-188 by Senators Wham, B. Alexander, J. Johnson, and Phillips; also Representatives Anderson, K. Alexander, G. Berry, Hefley, S. Johnson, Spradley, and Swenson--Concerning the Colorado horse development authority, and, in connection therewith, allowing for the imposition of an assessment on horse brand inspections.

Committee on Agriculture, Livestock and Natural Resources.

______________

INTRODUCTION OF RESOLUTIONS

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

HJR98-1032 by Representatives Gotlieb and Pfiffner; also Senator Wham--Memorializing Officer Bruce Vanderjagt.

WHEREAS, By the Will of Divine Providence, Denver Police Officer Bruce VanderJagt departed this life on November 12, 1997, at the age of forty­seven; and

WHEREAS, Officer VanderJagt was slain in the line of duty by a suspect with a long history of criminal behavior; and

WHEREAS, Prior to becoming a Denver Police Officer, Officer VanderJagt served his country as a member of the United States Marine Corps during the Vietnam War; and

WHEREAS, Officer VanderJagt served the Denver community as a Denver Police Officer for eleven years and twice received the Denver Police Department's Distinguished Service Cross; and

WHEREAS, Officer VanderJagt was an intelligent and a thoughtful man who relished intellectual challenges and earned a Ph.D. in psychology from the University of Colorado at Boulder less than a year before becoming the fifty­eighth Denver Police Officer to give his life in the line of duty; and

WHEREAS, Officer VanderJagt was an avid weight lifter whose commitment to physical fitness matched his passion for intellectual development and academic achievement; and

WHEREAS, Officer VanderJagt left a wife, Anna Marie VanderJagt, a daughter, Hayley VanderJagt, and many other loving relatives and friends to carry on his memory; and

WHEREAS, Officer VanderJagt fell while serving the people of Denver and the State of Colorado, and his memory deserves their gratitude; now, therefore,

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

That, in the untimely passing of Officer Bruce VanderJagt, the people of Denver and of the State of Colorado have lost an outstanding citizen and a devoted public servant, and that we, the members of the Sixty­first General Assembly, do hereby extend our deep and heartfelt sympathy to the members of his family and pay tribute to a man who served his city and state well and faithfully.

Be It Further Resolved, That copies of this resolution be sent to Officer VanderJagt's widow, Anna Marie VanderJagt, and his daughter, Hayley VanderJagt, as well as to Denver Police Chief David Michaud.

_________

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

HJR98-1033 by Representatives Miller, Taylor, Entz, S. Johnson, Nichol, Reeser, Smith, T. Williams, Young, and Zimmer-man; also Senator Wattenberg--Concerning the abandoned mine reclamation fund and state reclamation programs.

Committee on Agriculture, Livestock and Natural Resources.

WHEREAS, The United States Congress established the Abandoned Mine Reclamation Fund and State Reclamation Programs in 1977, through title IV of the Surface Mining Control and Reclamation Act (SMCRA); and

WHEREAS, Congress set a reclamation fee, also known as an "AML tax", of 35 cents per ton on surface­mined coal, a fee on underground coal of 15 cents per ton or 10 percent of the value of the coal at the mine, whichever is less, and a fee on lignite coal of 10 cents per ton or 2 percent of the value of the coal at the mine, whichever is less; and

WHEREAS, The SMCRA requires that one­half of the reclamation fees collected annually in any State shall be allocated to that State by the Secretary of the Interior; and

WHEREAS, To date, the federal government has failed to honor that obligation, and currently owes the Western states a total of over $280 million under the express terms of the SMCRA; and

WHEREAS, It is currently estimated that the federal government will owe the Western states over $500 million in arrearages by the time the AML tax expires in the year 2004, unless payments are brought current; and

WHEREAS, There are over 23,000 abandoned mines in Colorado and, since 1955, there have been 17 deaths and 21 injuries in Colorado at abandoned mines; and

WHEREAS, The Colorado's mine safeguarding program, established in 1980, has safeguarded over 4,600 abandoned mines; and

WHEREAS, The federal government now holds, in the AML Trust Fund, $13.3 million that rightfully belongs to Colorado under the SMCRA; and

WHEREAS, Unless the payments due to Colorado are brought current, the federal government will owe Colorado some $25 million when collection ends in 2004; now, therefore,

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

That the Colorado General Assembly demands that the Department of the Interior honor the express language of federal law by returning to Colorado its share of the AML taxes already collected as expeditiously as possible, and by immediately beginning to remit Colorado's share annually, as it is collected, rather than depositing it in the AML Trust Fund.

______________

INTRODUCTION OF MEMORIALS

The following memorials were read by title and laid over one day under the rules:

HM98-1004 by Representative Pfiffner--Memorializing Calvin Gale Sellens.

WHEREAS, By the Will of Divine Providence, our beloved former member, the Honorable Calvin Gale Sellens, departed this life on February 1, 1998, at the age of seventy­three; and

WHEREAS, Representative Sellens was born November 23, 1924, in Russell, Kansas; and

WHEREAS, Representative Sellens served his country as a member of the United States Army Air Corps in the European Theater during World War II; and

WHEREAS, Representative Sellens graduated from Harvard University in 1949; and

WHEREAS, Representative Sellens worked as a district manager for Lerner stores, as a land developer, and as the owner of a drive­in restaurant on Colfax avenue during the 1950s; and

WHEREAS, Representative Sellens had a long and distinguished career as a banker, holding positions at Jefferson County Bank, as president and chairman of the board of Lakeside National Bank, president, chairman of the board, and CEO of Denver National Bank both before and after it became Affiliated National Bankshares of Colorado, Inc., and member of the board of directors of Union Bank & Trust and Union Bankshares, Ltd.; and

WHEREAS, Representative Sellens was actively involved in the American Banker's Association, and in 1971 was elected as president of the Colorado Bankers Association; and

WHEREAS, Representative Sellens was active in his community by serving on the Colorado Student Obligation Bond Authority from 1985 to 1995, the Jefferson County Airport Authority, the Mile High Chapter of the American Red Cross, the Board of Trustees for State Colleges, the Jefferson County Chamber of Commerce, the Lakewood Planning Commission, and the Judicial Nominating Committee for the First Judicial District; and

WHEREAS, Representative Sellens served in the House of Representatives from 1955 to 1958; and

WHEREAS, Representative Sellens was chairman of the Committee to study Metropolitan Government, which was formed as part of Governor John Love's 100­Man Commission in 1959; and

WHEREAS, Representative Sellens sponsored and cosponsored legislation on matters such as income tax, school district reorganization, elections, regional planning, game and fishing regulation, water rights and development, the construction of the Eisenhower tunnel, highways, motor vehicles, children, livestock, workers' compensation, prisoners, and holidays; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado:

That, in the death of Calvin Gale Sellens, the people of the State of Colorado have lost an outstanding citizen and public servant and that we, the members of the House of Representatives of the Sixty­first General Assembly, do hereby extend our deep and heartfelt sympathy to the members of his family and pay tribute to a man who served his state well and faithfully.

Be It Further Resolved, That copies of this Memorial be sent to Representative Sellens' wife, Kay Sellens of Tucson, Arizona, his daughters Linda Bogacz of Arvada, Colorado, and Diane Smith of Golden, Colorado, his son, William Sellens of Greeley, Colorado, and his stepdaughters Patricia Frye of San Antonio, Texas, and Cathrine Kimme of Troy, Illinois.

_________

HM98-1005 by Representatives Faatz and Gotlieb--Memorializing former Representative Paul Swalm.

WHEREAS, By the Will of Divine Providence, our beloved former member, the Honorable Paul Swalm, departed this life December 2, 1997, at the age of 79; and

WHEREAS, Representative Swalm was born on November 27, 1918, in Nampa, Idaho where he spent most of his childhood living in foster homes; and

WHEREAS, Representative Swalm persevered through a difficult childhood to become an esteemed business and community leader in the Denver area and built the upscale Crestmoor Downs development in east Denver and served on the Board of Directors of the Crestmoor Community Association; and

WHEREAS, Representative Swalm served the people of Denver faithfully as a member of the Colorado House of Representatives from 1976 to 1978 and on the Denver City Council from 1981 to 1990; and

WHEREAS, Representative Swalm served the people of Colorado as a dedicated Republican who was known for his sincerity and honesty and for supporting legislation dealing with business, economic, and fiscal issues; and

WHEREAS, It is fitting that we, the members of the House of Representatives of the Sixty­first General Assembly, pay tribute to the years of dedicated public service by Representative Swalm and express our deep regret and sorrow occasioned by his death; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado:

That, in the death of Paul Swalm, the people of the State of Colorado have lost an outstanding citizen and a devoted public servant and that we, the members of the House of Representatives of the Sixty­first General Assembly, do hereby extend our deep and heartfelt sympathy to the members of his family and pay tribute to a man who served his community and the State of Colorado well and faithfully.

Be It Further Resolved, That a copy of this Memorial be sent to his wife, LaVerne, his daughters Linda of Virginia, and Katherine of Denver, and his sons Spencer of Englewood, and Stephen of Littleton.

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB98-1401 by Representatives Grampsas, Owen, and Romero; also Senators Lacy, Blickensderfer, and Rizzuto--To provide for the payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1998, except as otherwise noted.

(Amended as printed in Senate Journal, April 6, pages 697-706 and 706-712, and on Third Reading as printed in Senate Journal, April 9, pages 737-738, and 740-744.)

On motion of Representative Anderson, the rules were suspended and HB98-1401 was given immediate consideration.

Representative Grampsas moved that the House not concur in Senate amendments and that a Conference Committee be appointed with permission to go beyond the scope of the difference between the House and the Senate. The motion was declared passed by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

The Speaker appointed Representatives Grampsas, Chairman, Owen and Romero as House conferees to the bill.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

The following bills were considered on Third Reading. The titles were publicly read. Reading of the bill at length was dispensed with by unanimous consent.

HB98-1133 by Representative Dean; also Senator Powers--Concerning the creation of incentives to prevent receipt by inmates of illegal payments under public programs.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 62 NO 1 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Agler, Alexander, Allen, Anderson, Arrington, Epps, Hefley, Mace, McElhany, McPherson, Paschall, Pfiffner, Salaz, Sullivant, Tucker, Tupa, Young, Zimmerman, Mr. Speaker.

HB98-1408 by Representative Entz; also Senator Ament--Concerning the handling of substances used in agricultural production.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon YBerry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero Y

Salaz Y

Saliman Y

Schauer E

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives George, Nichol, Spradley.

HB98-1409 by Representative S. Johnson; also Senators Dennis and Bishop--Concerning the creation of a wildlife management public education advisory council.

The question being "Shall the bill pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.

YES 52 NO 11 EXCUSED 2 ABSENT 0

Adkins Y

Agler N

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas N

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

Leyba Y

Mace Y

May Y

McElhany Y


McPherson N

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen N

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero Y

Salaz N

Saliman Y

Schauer E

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. N

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Entz, Gotlieb, Hagedorn, Mace, Nichol, Reeser, Tupa, Udall, Young, Zimmerman.

________________

On motion of Representative Arrington, 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.)

HB98-1037 by Representative Entz; also Senator Wattenberg--Concerning mileage allowances for state officers and employees, and making an appropriation therefor.

Amendment No. 1, Appropriations Report, dated April 9, 1998, and placed in member's bill file; Report also printed in House Journal, April 13, page 1271.

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

HB98-1191 by Representative Owen; also Senator Rizzuto--Concerning the establishment of defined contribution plans for specified public employees.

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

Report, dated February 3, 1998, and placed in member's bill file; Report also printed in House Journal, February 4, pages 374-376.

Amendment No. 2, Appropriations Report, dated April 9, 1998, and placed in member's bill file; Report also printed in House Journal, April 13, pages 1274-1276.

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

HB98-1307 by Representatives Keller and K. Alexander; also Senator Hopper--Concerning implementation of the federal "Adoption and Safe Families Act of 1997".

Amendment No. 1, Judiciary Report, dated February 10, 1998, and placed in member's bill file; Report also printed in House Journal, February 12, page 479.

Amendment No. 2, Appropriations Report, dated April 9, 1998, and placed in member's bill file; Report also printed in House Journal, April 13, page 1276.

Amendment No. 3, by Representative Keller.

Amend printed bill, page 6, strike line 11, and substitute the following:

"THE FOLLOWING PERSONS WITH WHOM A CHILD IS PLACED: FOSTER PARENTS; PREADOPTIVE PARENTS; OR RELATIVES.";

line 12, strike "TO THE CHILD.".

Page 10, line 1, strike "BEING CARED FOR BY" and substitute "PLACED WITH".

Amendment No. 4, by Representative Keller.

Amend printed bill, page 10, strike lines 6 through 8 and substitute the following:

"(III) WHERE REQUIRED TO MAKE REASONABLE EFFORTS, SERVICES IDENTIFIED AS NECESSARY FOR THE SAFE RETURN OF THE CHILD TO THE CHILD'S HOME HAVE NOT BEEN PROVIDED TO THE FAMILY CONSISTENT WITH THE TIME PERIOD IN THE CASE PLAN.".

Amendment No. 5, by Representative Keller.

Amend printed bill, page 10, line 5, strike "PETITION" and substitute "MOTION".

Page 13, line 17, strike "GUARDIANSHIP," and substitute "GUARDIANSHIP OR CUSTODY,";

line 18, strike "PETITION" and substitute "MOTION".

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

HB98-1326 by Representative Grampsas--Concerning the provision of additional revenue to municipal governments to meet expenses necessitated by the advent of limited gaming.

Amendment No. 1, Appropriations Report, dated April 9, 1998, and placed in member's bill file; Report also printed in House Journal, April 13, pages 1276-1277.

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

HB98-1075 by Representative May; also Senator Mutzebaugh--Concerning the registration of motor vehicles, and, in connection therewith, authorizing extended temporary registration of motor vehicles, requiring the periodic reissuance of all motor vehicle license plates, and making an appropriation.

Amendment No. 1, Transportation and Energy Report, dated February 11, 1998, and placed in member's bill file; Report also printed in House Journal, February 13, page 497.

As amended, declared lost on Second Reading.

(For change in action, see Amendments to Report.)

HB98-1374 by Representatives Tucker, Adkins, Kreutz, and McPherson; also Senator Wells--Concerning strengthening of the statutory provisions concerning post-release supervision of offenders.

Amendment No. 1, Judiciary Report, dated February 26, 1998, and placed in member's bill file; Report also printed in House Journal, February 27, pages 776-777.

Amendment No. 2, Appropriations Report, dated April 9, 1998, and placed in member's bill file; Report also printed in House Journal, April 13, page 1278.

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

HB98-1380 by Representative Grampsas; also Senator Rizzuto--Concerning pension benefit amounts provided under the "Volunteer Firefighter Pension Act".

Amendment No. 1, Local Government Report, dated March 11, 1998, and placed in member's bill file; Report also printed in House Journal, March 12, page 886.

Amendment No. 2, by Representative Grampsas.

Amend printed bill, page 3, line 14, after the period, add "ANY INCREASE IN THE BENEFITS IN A MUNICIPALITY UNDER THIS PARAGRAPH (b) SHALL BE APPROVED BY THE MUNICIPALITY'S GOVERNING BODY.".

Amendment No. 3, by Representative George.

Amend printed bill, page 8, after line 1, insert the following:

"SECTION 9.  31­30­1102 (8), Colorado Revised Statutes, is amended to read:

31­30­1102.  Definitions. As used in this part 11, unless the context otherwise requires:

(8)  "Retired fire department member" means a volunteer firefighter who is not on active duty and who receives pension benefits from the volunteer firefighter pension fund. "RETIRED FIRE DEPARTMENT MEMBER" ALSO MEANS A VOLUNTEER FIREFIGHTER WHO IS NOT ON ACTIVE DUTY AND WHO RECEIVES AN ANNUITY THAT IS PURCHASED WITH PENSION FUND MONEYS PURSUANT TO A PRIVATE ANNUITY CONTRACT, UNLESS INCLUSION OF SUCH A PERSON UNDER THIS DEFINITION ADVERSELY AFFECTS THE QUALIFIED STATUS OF ANY VOLUNTEER FIREFIGHTER PENSION PLAN, AS DETERMINED UNDER SECTION 401 (a) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED.".

Renumber succeeding sections accordingly.

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

HB98-1394 By Representatives Pankey, Dean, Entz, Kaufman, Reeser, and Tool; also Senator Blickensderfer--Concerning the personal identification of persons applying for state benefits.

Amendment No. 1, Appropriations Report, dated April 9, 1998, and placed in member's bill file; Report also printed in House Journal, April 13, page 1279.

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

HB98-1399 by Representatives Hefley, Gotlieb, Epps, and McElhany; also Senator B. Alexander--Concerning the establishment of the Colorado youth challenge corps program.

Amendment No. 1, State, Veterans, and Military Affairs Report, dated March 26, 1998, and placed in member's bill file; Report also printed in House Journal, March 26, page 1074.

Amendment No. 2, Appropriations Report, dated April 9, and placed in member's bill file; Report also printed in House Journal, April 13, page 1279.

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

HB98-1411 by Representative McElhany, Allen, C. Berry, Dean, Dyer, Epps, Gotlieb, Hefley, June, Kaufman, Lawrence, Mace, May, Morrison, Sinclair, Swenson, Veiga, and S. Williams; also Senator Powers--Concerning establishment of a United States olympic committee special license plate.

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

On motion of Representative Anderson, the remainder of the General Orders Calendar (HB98-1092, 1333) was laid over until April 16, retaining place on Calendar.

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative May moved to amend the Report of the Committee of the Whole to show that the Appropriations Committee Report, dated April 9, 1998, to HB98­1075 did pass and that HB98­1075, as amended, did pass.

The amendment was declared passed by the following roll call vote:

YES 36 NO 26 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen N

Anderson N

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke N

Dean Y

Dyer YEntz N

Epps Y

Faatz N

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn N

Hefley N

Johnson N

June Y

Kaufman Y

Keller N

Kreutz Y

Lawrence E

Leyba Y

Mace Y

May Y

McElhany N


McPherson Y

Miller N

Morrison N

Musgrave N

Nichol N

Owen Y

Pankey N

Paschall Y

Pfiffner Y

Reeser N

Romero E

Salaz Y

Saliman N

Schauer E

Sinclair N

Smith N


Snyder N

Spradley Y

Sullivant N

Swenson Y

Takis N

Tate Y

Taylor N

Tool Y

Tucker Y

Tupa N

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1037 amended, 1191 amended, 1307 amended, 1326 amended, 1075 amended, 1374 amended, 1380 amended, 1394 amended, 1399 amended, 1411.

Laid over until date indicated retaining place on Calendar:

HB98-1092, 1333--April 16, 1998.

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 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer E

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILL

HB98-1012 by Representative Reeser; also Senator Chlouber--Concerning continuation of the regulation of electricians by the state electrical board.

(Amended as printed in Senate Journal, March 25, page 566.)

Representative Reeser moved that the House not concur in Senate amendments and that a Conference Committee be appointed. The motion was declared passed by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence E

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate Y

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

The Speaker appointed Representatives Kaufman, Chairman, Reeser and G.Berry as House conferees to the bill.

_______________

House in recess. House reconvened.

_______________

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and transmitted to the Revisor of Statutes: SB98-154;

SB98- 010, amended as printed in Senate Journal, April 14, page 774;

SB98- 021, amended as printed in Senate Journal, April 14, page 774;

SB98- 022, amended as printed in Senate Journal, April 14, page 773;

SB98- 029, amended as printed in Senate Journal, April 14, page 773;

SB98- 041, amended as printed in Senate Journal, April 14, pages 772-773;

SB98- 053, amended as printed in Senate Journal, January 26, page 102;

SB98- 152, amended as printed in Senate Journal, April 14, pages 773-774;

HB98-1189, amended as printed in Senate Journal, April 14, page 772;

HB98-1402, amended as printed in Senate Journal, April 14, page 772.

_________

The Senate granted permission to members of the First Conference Committee on HB98- 1062 and 1293 to consider matters not at issue between the two houses.

In response to the request of the House for a Conference Committee on

HB98-1016, the President appointed Senators Schroeder, Chm., Bishop, and Pascoe as members of the First Conference Committee on the part of the Senate.

In response to the request of the House for a Conference Committee on

HB98-1312, the President appointed Senators Blickensderfer, Chm., Lamborn, and Phillips as members of the First Conference Committee on the part of the Senate.

In response to the request of the House for a Conference Committee on

HB98-1401, the President appointed Senators Lacy, Chm., Blickensderfer, and Rizzuto as members of the First Conference Committee on the part of the Senate.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, SB98-154; and, without comment, as amended, SB98-010, 021, 022, 029, 041, 053, 152, HB98-1189, and 1402.

______________

INTRODUCTION OF RESOLUTIONS

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

HJR98-1034 by Representative Hagedorn; also Senator Tebedo--Concerning recognition of the privatization efforts of the city of Colorado Springs and the county of El Paso.

Committee on Local Government.

WHEREAS, Local government exists to serve the needs of its citizens and business communities; and

WHEREAS, Local government is the level of government closest to the people and most able to respond to the needs and concerns of its citizens; and

WHEREAS, It is the intent of the General Assembly to encourage and support cost efficiencies in government; and

WHEREAS, Local government officials at the county, municipal, special district, and school district levels are interested in providing services in the most cost­effective, efficient manner possible; and

WHEREAS, Local elected officials are charged with the responsibility of making service delivery decisions to meet a broad spectrum of demands by their citizenry; and

WHEREAS, The flexibility for local elected officials to determine how best to meet the needs of their citizens should be preserved; and

WHEREAS, The issues of privatization and unfair competition have been raised to the General Assembly as issues of concern; and

WHEREAS, The 1993 Governor's Statehouse Conference on Small Business has identified privatization as an issue of particular concern; and

WHEREAS, Local officials support privatization as a management tool; and

WHEREAS, Local governments utilize the private sector in the delivery of public services; and

WHEREAS, Service delivery efficiencies are achieved through competition; and

WHEREAS, A vigorous private sector environment is necessary to ensure the vitality and long­term health of the community; and

WHEREAS, It is of general benefit to a community for local officials to consider the economic health of its businesses; and

WHEREAS, The City of Colorado Springs and the County of El Paso have collaborated in the privatization of all military housing at Fort Carson, with such privatization involving two thousand four hundred sixty­four housing units, being the largest privatization of military housing in the United States, and serving as a model for similar projects throughout the United States; and

WHEREAS, The City of Colorado Springs and the County of El Paso have worked in concert with the Committee on Competitiveness and Efficiency in Government in identifying additional opportunities for privatization; now, therefore,

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

(1)  That the General Assembly encourages local governments to continue to consider the expanded use of privatization of existing public services;

(2)  That the General Assembly encourages local officials to evaluate the impact of the provision of new public services in­house on businesses and the economy and to explore the opportunity for new services to be provided by the private sector when of equal quality and availability and affordable to the public;

(3)  That the General Assembly believes that local officials need to consider the views of the broadest base of interests in making service delivery decisions;

(4)  That the General Assembly believes that all segments of the community, including businesses, have a responsibility to keep informed about local government issues and to participate in the decision­making process of government at the local level;

(5)  That the General Assembly encourages local governments contemplating the provision of a new service or a significant expansion of an existing service to solicit involvement at the earliest time practicable from the local business community and that any such decisions should be made at open meetings;

(6)  That the General Assembly supports the efforts of the City of Colorado Springs and the County of El Paso in addressing these issues in a proactive and positive manner.

Be It Further Resolved, That a copy of this Resolution be sent to the Mayor and City Council of the City of Colorado Springs and to the Board of County Commissioners of the County of El Paso.

_________

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

HJR98-1035 by Representative Hagedorn; also Senator Wham--Concerning a tribute to the Chancellor of the University of Denver, Daniel L. Ritchie.

WHEREAS, The University of Denver enrolls more than 8,500 students from all 50 states and 90 countries; which comprises an undergraduate program of about 2,800 students, a graduate program of about 2,900 students, and a continuing education program of about 2,800 students; and

WHEREAS, Daniel L. Ritchie has guided the University of Denver since his appointment as the sixteenth chancellor in July of 1989; and

WHEREAS, Chancellor Ritchie began his involvement with the University in 1983 as a member of the DU Board of Trustees; and

WHEREAS, Since assuming the role of chancellor, a position in which he serves without salary compensation, Ritchie has led the University's Capital Campaign to the successful early completion of its $150 million goal and continues to lead the efforts necessary to meet the increased goal of $200 million by December 31, 2000; and

WHEREAS, Chancellor Ritchie has been successful in raising the morale of the University community and in bringing people together by guiding the University to institute a number of business practices, including merit­based pay raises and gainsharing of resources; and

WHEREAS, Chancellor Ritchie has been encouraging and supportive of the University's outreach and community involvement initiatives including the VIP/West High School program, the Bridge Project at Lincoln Park Housing Development, and the establishment of the University's Community Action Program which involves students, faculty, and staff in community­based projects locally, nationally, and internationally; and

WHEREAS, Chancellor Ritchie has been instrumental in the incorporation of service learning into all facets of the University's curriculum, and he has further facilitated the University's involvement in primary and secondary education, including the reestablishment of the DU High School, the expansion of the Ricks Center for Gifted and Talented students, and Pioneer Charter School, a collaborative project with Denver Public Schools; and

WHEREAS, The University of Denver is an independent University with a proud history in the Rocky Mountain West that is exemplified by Chancellor Ritchie; now, therefore,

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

That we, the members of the General Assembly, honor Dan Ritchie, chancellor of the University of Denver, for his success in his tenure as the chancellor of the University of Denver and for his continued commitment to the educational needs of the Denver community.

Be It Further Resolved, That a copy of this resolution be sent to Chancellor Dan Ritchie and to every member of the University of Denver's Board of Trustees.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until April 16, retaining place on Calendar:

Consideration of Resolutions--HJR98-1011, 1021, 1026, 1027, 1028, 1029, 1030.

Consideration of Governor's Veto--HB98-1065.

_______________

On motion of Representative Anderson, the House adjourned until 9:00 a.m., April 16, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk