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-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Thirty-first Legislative Day Friday, February 5, 1999

Prayer by Pastor Kara Skatrud, St Paul's Lutheran Church, Denver.

The Speaker called the House to order at 8:45 a.m.

The roll was called with the following result:

Present--59.

Absent and excused for Legislative Business--Representative Gordon--1.

Absent and excused--Representatives Chavez--1.

Absent--Representatives Lawrence, McPherson, Morrison, S.Williams--4.

Present after roll call--Representatives Lawrence, McPherson, Morrison, S.Williams.

The Speaker declared a quorum present.

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On motion of Representative Gagliardi, the reading of the journal of February 4, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB99-1117 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 20, strike "NOTIFIED BY MAIL, SENT" and substitute "SENT A NOTIFICATION BY CERTIFIED MAIL".

Page 4, line 13, after "OCCUPANT", insert "IN WRITING";

line 17, after the period, insert the following:

"THE LANDOWNER OR OCCUPANT SHALL BE NOTIFIED THAT THEY MAY CONSULT WITH THE STATE FORESTER CONCERNING INTEGRATED PEST MANAGEMENT. SUCH NOTICE SHALL BE SENT BY THE COUNTY PEST INSPECTOR TO THE LANDOWNER OR OCCUPANT BY CERTIFIED MAIL.".

Page 5, line 11, strike "OWNER." and substitute "OWNER, BUT THE COST TO THE OWNER OR OWNERS OF ANY ONE PARCEL SHALL NOT EXCEED FIVE THOUSAND DOLLARS ANNUALLY.".

Page 6, line 2, after the period, insert "NO SUCH WRITTEN DEMAND FOR REIMBURSEMENT OF PEST INFESTATION OR INFECTION COSTS AND EXPENSES SHALL BE IN EXCESS OF FIVE THOUSAND DOLLARS ANNUALLY.";

line 12, strike "OVER IN THE SAME";

line 13, strike "MANNER AS PROVIDED FOR THE COLLECTION OF TAXES";

line 14, strike "MAY" and substitute "SHALL";

strike lines 17 through 21 and substitute the following:

"ECONOMIC HARDSHIP. All such accounts".

HB99-1222 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, strike line 9 and substitute the following:

"ADDITION OF A NEW SUBSECTION, to read:";

strike lines 13 through 26 and substitute the following:

"MANAGEMENT AND SOUTH PLATTE RIVER BASIN ISSUES BY CONDUCTING ADDITIONAL PUBLIC HEARINGS ON SOUTH PLATTE RIVER BASIN WATER RESOURCES ISSUES, AND BY MONITORING THE PROGRESS OF THE STATE ENGINEER AND THE DIRECTOR OF THE COLORADO WATER CONSERVATION BOARD IN IMPLEMENTING THE RECOMMENDATIONS OF THE FINAL REPORT SUBMITTED TO THE SPECIAL WATER COMMITTEE PURSUANT TO THIS SECTION IN APRIL, 1998.".

Page 3, strike lines 1 through 12;

strike lines 14 through 26.

Strike page 4.

Renumber succeeding section accordingly.

Page 5, strike lines 1 through 4.

Page 1, strike line 102 and substitute the following:

"IN THE DENVER BASIN AQUIFERS.".

HB99-1228 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 9, after the period add the following:

"SUCH VETERINARY DATA, INFORMATION, AND RECORDS SHALL NOT INCLUDE SITUATIONS WHERE NO VETERINARY-CLIENT-PATIENT RELATIONSHIP EXISTS.";

line 15, strike "VETERINARIAN," and substitute "VETERINARY PRACTICE OR VETERINARY HOSPITAL,";

line 26, strike "X RAY" and substitute "DIAGNOSTIC QUALITY X RAY".

Page 3, strike lines 3 through 13 and substitute "COSTS.".

HB99-1229 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 1, after "THE", insert "INTRODUCTION, AUGMENTATION, OR";

strike lines 7 through 9 and substitute the following:

"MAY BE INTRODUCED, AUGMENTED,";

line 10, strike "FEDERAL,";

line 11, strike "STATE," and substitute "STATE".

HB99-1233 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill page 1, line 4, strike "This" and substitute "This";

strike line 5 and substitute "subsection (2.5) is repealed, effective June 30, 1999 2004.".

FINANCE

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

HB99-1003 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1111 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 23, strike "(1) (b) and";

line 24, strike "are" and substitute "is";

strike line 26.

Page 3, strike lines 1 through 4.

HB99-1120 be postponed indefinitely.

HB99­1125 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 10, strike "1999," and substitute "2000,";

line 20, strike "1999," and substitute "2000,".

Page 3, strike lines 10 through 12 and substitute the following:

"SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

HB99­1126 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, line 5, strike "AND IN­KIND".

Page 4, after line 16, insert the following:

"(3)  BY ESTABLISHING THE COLORADO CULTURAL TRUST FUND, THE GENERAL ASSEMBLY FURTHER INTENDS AND DESIRES THAT ANNUAL GENERAL FUND APPROPRIATIONS BY THE GENERAL ASSEMBLY TO THE STATE COUNCIL ON THE ARTS SHALL CONTINUE UNTIL SUCH TIME AS THE INTEREST ANNUALLY EARNED ON THE INVESTMENT OR DEPOSIT OF MONEYS IN SUCH TRUST FUND IS SUFFICIENT TO FUND THE DUTIES OF THE STATE COUNCIL ON THE ARTS.".

Page 5, strike lines 17 through 21 and substitute the following:

"(3)  DURING THE PREPARATION OF THE BUDGET FOR THE 2001­02 FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, THE COUNCIL SHALL PROVIDE TO THE GENERAL ASSEMBLY A REPORT SHOWING:".

Page 6, after line 4, insert the following:

"(4)  FOR THE 2001­02 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER, THE COUNCIL SHALL REQUEST THAT THE GENERAL ASSEMBLY MAKE AN APPROPRIATION TO THE TRUST FUND, NOT TO EXCEED TEN MILLION DOLLARS ANNUALLY, EQUAL TO THE AMOUNT OF THE AGGREGATE TOTAL OF PARAGRAPHS (a) AND (b) OF SUBSECTION (3) OF THIS SECTION.

(5)  AFTER SUCH TIME THAT THE STATE TREASURER CERTIFIES THAT THE TOTAL AMOUNT OF ASSETS IN THE TRUST FUND EQUALS ONE HUNDRED THIRTY­SIX MILLION DOLLARS, NO ADDITIONAL MONEYS SHALL BE APPROPRIATED TO THE TRUST FUND BY THE GENERAL ASSEMBLY. NOTHING IN THIS SUBSECTION (5) SHALL BE CONSTRUED TO PROHIBIT AT ANY TIME THE COLLECTION OF MONEYS FOR THE TRUST FUND BY THE COUNCIL PURSUANT TO SECTION 23­9­105 (1) (f).".

Renumber succeeding subsection accordingly.

Page 6, line 11, strike "(1) ONLY" and substitute "UNTIL SUCH TIME AS THE STATE TREASURER CERTIFIES THAT THE TOTAL AMOUNT OF ASSETS IN THE TRUST FUND EQUALS ONE HUNDRED THIRTY­SIX MILLION DOLLARS, NO MORE THAN FIFTY PERCENT OF";

strike lines 15 through 21.

Page 7, line 8, after "DOLLARS", insert "FOR EACH TAXPAYER";

strike lines 19 through 21 and substitute the following:

"(4)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, A TAXPAYER SHALL BE ALLOWED A CREDIT PURSUANT TO THIS SECTION ONLY IF, BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE DID NOT AUTHORIZE THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES FOR THAT STATE FISCAL YEAR.

SECTION 5.  24­77­106.5, Colorado Revised Statutes, is amended to read:

24­77­106.5.  Annual financial report ­ certification of state excess revenues. (1) (a)  For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, and debt. Such financial report shall be audited by the state auditor.

(b)  BASED UPON THE FINANCIAL REPORT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2)  ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

(2) (3)  Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.

SECTION 6. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.".

HB99-1131 be postponed indefinitely.

HB99-1137 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 5, strike "SIX";

line 6, strike "THOUSAND" and substitute "TWO THOUSAND THREE HUNDRED";

line 9, strike "TWELVE THOUSAND" and substitute "FOUR THOUSAND SIX HUNDRED".

HB99-1139 be postponed indefinitely.

HB99-1140 be postponed indefinitely.

HB99-1141 be referred to the Committee on Appropriations with favorable recommendation.

HB99-1154 be postponed indefinitely.

HB99-1155 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend the Agriculture, Livestock, & Natural Resources Committee Report, dated January 21, 1999, page 1, line 3, strike "THE FEDERAL INTERNAL";

strike line 4 and substitute the following:

"26 C.F.R. 1.170A­13 (c) (3) (1998)";";

line 5, strike ""CREATED"." and substitute ""CREATED";";

after line 5, insert the following:

"line 25, after "VALUE", insert "OF THE DONATED PORTION".";

line 16, strike "PURPOSE." and substitute "PURPOSE FOR WHICH AN INCOME TAX CREDIT IS CLAIMED PURSUANT TO SECTION 39­22­522.".

Page 2, line 7, strike "PURPOSE."." and substitute "PURPOSE FOR WHICH AN INCOME TAX CREDIT IS CLAIMED PURSUANT TO SECTION 39­22­522.".".

Amend printed bill, page 2, line 5, strike "2000" and substitute "2002", and strike "SUBSECTION" and substitute "SUBSECTIONS (4) AND";

line 26, after "CREATED.", add "THE AMOUNT OF THE CREDIT ALLOWED PURSUANT TO THIS SUBSECTION (4) SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS PER DONATION PER INCOME TAX YEAR.".

Page 3, line 5, strike "THE SUCCEEDING" and substitute "EACH OF THE TWENTY SUCCEEDING";

line 7, after "POSSIBLE.", add "ANY AMOUNT OF THE CREDIT THAT IS NOT USED AFTER SAID PERIOD SHALL NOT BE REFUNDABLE.".

HB99-1182 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 6, after line 22, insert the following:

"SECTION 4.  43­4­205 (6.5), Colorado Revised Statutes, is amended to read:

43­4­205.  Allocation of fund ­ repeal. (6.5) (a)  EXCEPT AS PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (6.5), the revenues credited to the highway users tax fund pursuant to section 39­26­123 (2), C.R.S., shall be paid to the state highway fund for allocation to the department of transportation and shall be expended as provided in section 43­4­206 (2).

(b)  PARAGRAPHS (a) AND (b) OF this subsection (6.5) is ARE repealed, effective July 1, 2008.

(c)  THE REVENUES GENERATED BY SECTION 24­75­216 (1) (b) AND (1) (c) AND CREDITED TO THE HIGHWAY USERS TAX FUND PURSUANT TO SECTION 39­26­123 (2), C.R.S., SHALL BE ALLOCATED AS FOLLOWS:

(I)  SIXTY­FIVE PERCENT OF SUCH REVENUE SHALL BE PAID TO THE STATE HIGHWAY FUND AND SHALL BE EXPENDED AS PROVIDED IN SECTION 43­4­206;

(II)  TWENTY­SIX PERCENT OF SUCH REVENUE SHALL BE PAID TO THE COUNTY TREASURERS OF THE RESPECTIVE COUNTIES, SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, AND SHALL BE ALLOCATED AND EXPENDED AS PROVIDED IN SECTION 43­4­207; AND

(III)  NINE PERCENT OF SUCH REVENUE SHALL BE PAID TO THE CITIES AND INCORPORATED TOWNS, SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, AND SHALL BE ALLOCATED AND EXPENDED AS PROVIDED IN SECTION 43­4­208 (2) AND (6).".

Renumber succeeding sections accordingly.

HB99-1205 be postponed indefinitely.

HB99-1237 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 19, strike "2000," and substitute "2003,";

line 22, strike "PROPERTY" and substitute "PROPERTY, ON THE SALE OF STOCK, OR ON THE SALE OF AN OWNERSHIP INTEREST IN A COLORADO COMPANY, LIMITED LIABILITY COMPANY, OR PARTNERSHIP".

HB99-1246 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 1, line 10, after "EQUAL TO", insert "TWENTY­FIVE PERCENT OF".

Page 2, after line 3, insert the following:

"(2) (a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, A CREDIT SHALL ONLY BE ALLOWED TO AN INDIVIDUAL FILING A SINGLE RETURN WITH A FEDERAL TAXABLE INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED OR TO TWO INDIVIDUALS FILING A JOINT RETURN WITH A FEDERAL TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS FOR THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED.

(3) (a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, THE AMOUNT OF CREDIT CLAIMED PURSUANT TO THIS SECTION SHALL NOT EXCEED:

(I)  SEVENTY­FIVE DOLLARS FOR AN INDIVIDUAL FILING A SINGLE RETURN; OR

(II)  ONE HUNDRED FIFTY DOLLARS FOR TWO INDIVIDUALS FILING A JOINT RETURN.

(b)  COMMENCING WITH THE SECOND TAX YEAR FOR WHICH A CREDIT MAY BE CLAIMED PURSUANT TO THIS SECTION AND EACH TAX YEAR THEREAFTER, THE EXECUTIVE DIRECTOR SHALL ADJUST THE DOLLAR AMOUNTS SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION IN ACCORDANCE WITH ANY CHANGES IN THE CONSUMER PRICE INDEX FOR THE PREVIOUS YEAR FOR THE DENVER­BOULDER CONSOLIDATED METROPOLITAN STATISTICAL AREA FOR ALL URBAN CONSUMERS, ALL GOODS, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, OR ITS SUCCESSOR INDEX.".

Renumber succeeding subsection accordingly.

Page 2, line 8, after "SHALL", insert "NOT";

strike lines 20 and 21 and substitute the following:

"commencing on and after January 1, 2000, except that if a referendum petition is filed against this act or an item, section, or part of this act within the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the provisions of this act, if approved by the people, shall apply to income tax years commencing on and after January 1, 2001.".

HB99-1264 be postponed indefinitely.

HB99-1266 be postponed indefinitely.

HB99-1291 be postponed indefinitely.

HB99-1311 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, line 21, strike "1999," and substitute "1998,".

Page 6, line 17, strike "ONE-TENTH" and substitute "SEVEN-TENTHS".

STATE, VETERANS AND MILITARY AFFAIRS

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

HB99-1039 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 10  22­32­109.7 (1) (a), Colorado Revised Statutes, is amended, and the said 22­32­109.7 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

22­32­109.7.  Board of education ­ specific duties ­ employment of personnel. (1)  Prior to the employment of any person by a school district, the board of education shall make an inquiry concerning such person to the department of education for the purpose of determining:

(a)  Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for:

(I)  A FELONY; OR

(II)  A MISDEMEANOR crime involving unlawful sexual behavior or unlawful behavior involving children;

(1.5)  DURING THE EMPLOYMENT OF ANY PERSON BY A SCHOOL DISTRICT, THE BOARD OF EDUCATION MAY MAKE AN INQUIRY CONCERNING SUCH PERSON TO THE DEPARTMENT OF EDUCATION FOR THE PURPOSES DESCRIBED IN SUBSECTION (1) OF THIS SECTION.

(3.5)  WHENEVER A SCHOOL DISTRICT LEARNS FROM A SOURCE OTHER THAN THE DEPARTMENT OF EDUCATION THAT A CURRENT OR PAST EMPLOYEE OF THE SCHOOL DISTRICT HAS BEEN CONVICTED OF, PLED NOLO CONTENDERE TO, OR HAS RECEIVED A DEFERRED SENTENCE FOR A FELONY OR A CRIME INVOLVING UNLAWFUL SEXUAL BEHAVIOR OR UNLAWFUL BEHAVIOR INVOLVING CHILDREN, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF EDUCATION.

SECTION 20  22­1­121 (1) (a), Colorado Revised Statutes, is amended, and the said 22­1­121 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

22­1­121.  Nonpublic schools ­ employment of personnel ­ access to information of department of education. (1)  Prior to the employment of any person by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purpose of determining:

(a)  Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for:

(I)  A FELONY; OR

(II)  A MISDEMEANOR crime involving unlawful sexual behavior or unlawful behavior involving children;

(1.5)  DURING THE TIME THAT A PERSON IS EMPLOYED BY A NONPUBLIC SCHOOL IN THIS STATE, THE GOVERNING BOARD OF SUCH SCHOOL MAY MAKE AN INQUIRY CONCERNING SUCH PERSON TO THE DEPARTMENT OF EDUCATION FOR THE PURPOSES DESCRIBED IN SUBSECTION (1) OF THIS SECTION.

(1.7) (a)  TO FACILITATE THE INQUIRY PERMITTED BY SUBSECTION (1) OF THIS SECTION, THE GOVERNING BOARD OF A NONPUBLIC SCHOOL MAY REQUIRE AN APPLICANT TO SUBMIT TO THE GOVERNING BOARD OF THE SCHOOL A COMPLETE SET OF HIS OR HER FINGERPRINTS TAKEN BY A QUALIFIED LAW ENFORCEMENT AGENCY OR AN AUTHORIZED SCHOOL EMPLOYEE. THE GOVERNING BOARD MAY FORWARD THE SET OF FINGERPRINTS TOGETHER WITH A CHECK TO COVER THE COSTS CHARGED BY THE COLORADO BUREAU OF INVESTIGATION TO THE DEPARTMENT OF EDUCATION FOR RELEASE TO THE COLORADO BUREAU OF INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION.

(b)  ALL COSTS ARISING FROM ANY FINGERPRINT PROCESSING PERFORMED BY THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE BORNE BY THE NONPUBLIC SCHOOL. SUCH COSTS MAY BE PASSED ON TO THE PROSPECTIVE EMPLOYEE.

(c)  THE DEPARTMENT OF EDUCATION SHALL TRANSMIT ANY CHECKS RECEIVED PURSUANT TO THIS SUBSECTION (1.7) TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE NONPUBLIC SCHOOL FINGERPRINT FUND WHICH FUND IS HEREBY CREATED IN THE STATE TREASURY. THE MONEYS IN THE NONPUBLIC SCHOOL FINGERPRINT FUND SHALL BE USED TO PAY FOR FINGERPRINT CHECKS REQUIRED PURSUANT TO THIS SUBSECTION (1.7) AND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE NONPUBLIC SCHOOL FINGERPRINT FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND AT THE END OF ANY FISCAL YEAR.

SECTION 30  The introductory portion to 22­2­119 (1) and 22­2­119 (1) (a), Colorado Revised Statutes, are amended to read:

22­2­119.  Department of education ­ inquiries by boards of education concerning prospective employees. (1)  When an inquiry is made by a board of education of a school district pursuant to the provisions of section 22­32­109.7 (1) OR (1.5) or by the governing board of a nonpublic school pursuant to the provisions of section 22­1­121 concerning a prospective OR CURRENT employee, the department shall provide the following information concerning such person:

(a)  Whether ACCORDING TO THE RECORDS OF THE DEPARTMENT such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for:

(I)  A FELONY; OR

(II)  A MISDEMEANOR crime involving unlawful sexual behavior or unlawful behavior involving children; according to records provided to the department by the judicial department pursuant to section 13­1­130, C.R.S.;

SECTION 40  22­63­202, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­63­202.  Employment contracts ­ contracts to be in writing ­ duration ­ damage provision. (4) (a)  NOTWITHSTANDING THE PROVISIONS OF SECTION 24­72­204 (3) (a), C.R.S., A SCHOOL DISTRICT MAY DISCLOSE TO ANOTHER SCHOOL DISTRICT OR TO A SCHOOL THE REASON OR REASONS WHY A TEACHER LEFT EMPLOYMENT WITH THE ORIGINAL SCHOOL DISTRICT.

(b)  NO EMPLOYMENT CONTRACT EXECUTED PURSUANT TO THIS SECTION SHALL CONTAIN A PROVISION THAT RESTRICTS OR PROHIBITS A SCHOOL DISTRICT FROM DISCLOSING TO ANOTHER SCHOOL DISTRICT OR SCHOOL THE REASON OR REASONS WHY A TEACHER LEFT EMPLOYMENT WITH THE ORIGINAL SCHOOL DISTRICT.

SECTION 50  22­63­203, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­63­203.  Probationary teachers ­ renewal and nonrenewal of employment contract. (6) (a)  NOTWITHSTANDING THE PROVISIONS OF SECTION 24­72­204 (3) (a), C.R.S., A SCHOOL DISTRICT MAY DISCLOSE TO ANOTHER SCHOOL DISTRICT OR TO A SCHOOL THE REASON OR REASONS WHY A TEACHER LEFT EMPLOYMENT WITH THE ORIGINAL SCHOOL DISTRICT.

(b)  NO EMPLOYMENT CONTRACT EXECUTED PURSUANT TO THIS SECTION SHALL CONTAIN A PROVISION THAT RESTRICTS OR PROHIBITS A SCHOOL DISTRICT FROM DISCLOSING TO ANOTHER SCHOOL DISTRICT OR SCHOOL THE REASON OR REASONS WHY A TEACHER LEFT EMPLOYMENT WITH THE ORIGINAL SCHOOL DISTRICT.

SECTION 60  Effective date. This act shall take effect July 1, 1999, and shall apply to persons employed by any school district or nonpublic school and prospective school employees applying on or after said effective date.

SECTION 70  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.".

HB99-1244 be referred to the Committee of the Whole with favorable recommendation.

HB99-1285 be referred to the Committee of the Whole with favorable recommendation.

HB99-1305 be referred to the Committee of the Whole with favorable recommendation.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HR99-1009.

________________

On motion of Representative Sinclair, 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.)

HB99-1132 by Representatives Young, Webster; also Senator Hillman--Concerning the regulation of Colorado commercial feed.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 20, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, page 177.

As amended, laid over until February 8, retaining place on Calendar.

HB99-1114 by Representatives Spradley, May; also Senator Dennis--Concerning an increase in the maximum amount that a railroad corporation may be required to pay for railroad crossings.

Amendment No. 1, Business Affairs & Labor Report, dated January 21, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, page 191.

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

HB99-1075 by Representative Kaufman; also Senator Epps--Concerning court administration of bail bonds issued by compensated sureties.

Amendment No. 1, Judiciary Report, dated January 19, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, pages 191-193.

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

HB99-1067 by Representative Webster; also Senator Reeves--Concerning local government housing authorities, and, in connection therewith, specifying that housing authorities are political subdivisions for the purpose of promoting intergovernmental relations and authorizing the governing body of a local government creating a housing authority to specify the number of commissioners serving on such housing authority.

Amendment No. 1, Local Government Report, dated January 20, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, page 179.

Amendment No. 2, by Representative Clapp.

Amend the Local Government Committee Report, dated January 20, 1999, page 1, strike lines 1 and 2 and substitute the following:

"Amend printed bill, page 2, line 13, strike "mayor," and substitute "mayor OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE";

strike lines 15 through 21 and substitute the following:";

line 5 of the committee report, after "mayor", insert "OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE";

strike line 10 of the committee report and substitute the following:

"Page 3, line 1, after "mayor", insert "OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE";

strike lines 8 through 12 and substitute the following:";

line 12 of the committee report, after "mayor", insert "OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE";

strike line 15 of the committee report and substitute the following:

"by the mayor OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE. The council may also provide that the mayor OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE shall";

line 22 of the printed bill, after "mayor", insert "OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE".

Page 4, line 10, after "mayor", insert "OR SUCH OTHER APPOINTING AUTHORITY AS IS OTHERWISE PROVIDED BY CHARTER OR ORDINANCE";

line 18, strike "by the mayor" and substitute "by the mayor".".

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

HB99-1134 by Representative Hagedorn; also Senator Wattenberg--Concerning the funding of underground conversion of overhead public utilities.

Amendment No. 1, Local Government Report, dated January 20, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, pages 179-180.

Amendment No. 2, by Representative McPherson.

Amend printed bill, page 2, line 13, after the period, add "NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE, A POLITICAL SUBDIVISION SHALL BE ABLE TO PERFORM SUCH UNDERGROUND CONVERSION WITHOUT FOLLOWING THE PROCEDURES OUTLINED IN THIS ARTICLE IF THE POLITICAL SUBDIVISION PAYS FOR ALL OF THE COSTS AND EXPENSES OF SUCH CONVERSION FROM THE POLITICAL SUBDIVISION'S OWN FUNDS ON THE CONDITION THAT THE POLITICAL SUBDIVISION DOES NOT SEEK TO RECOVER THE COSTS OR EXPENSES OF SUCH CONVERSION FROM THE PUBLIC UTILITY OR CABLE OPERATOR.".

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

HB99-1147 by Representative Mitchell--Concerning vacancies on the state board of education.

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

HB99-1082 by Representative Takis; also Senator Martinez--Concerning the requirement that official communication by mail with any registered elector be sent to the elector's address of record unless the elector has affirmatively requested that such communication be sent to his or her deliverable mailing address.

Amendment No. 1, State, Veterans, & Military Affairs Report, dated January 21, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, page 181.

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

HB99-1152 by Representative Takis; also Senator Nichol--Concerning clarification of affiliation requirements for electors.

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

HB99-1024 by Representative Swenson; also Senator Arnold--Concerning the regulation of towing carriers that tow abandoned vehicles from private property.

Amendment No. 1, Transportation & Energy Report, dated January 20, 1999, and placed in member's bill file; Report also printed in House Journal, January 22, pages 181-183.

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

HB99-1031 by Representative Swenson; also Senator Powers--Concerning requirements for highway project bid awards where there are less than three bidders on the project.

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

HB99-1179 by Representative Kester; also Senator Dennis--Concerning the procurement of products that evidence the registration of a motor vehicle.

Amendment No. 1, by Representative Kester.

Amend printed bill, page 2, line 20, after the period, add "ANY SUCH VALIDATION TAB OR STICKER SHALL BE PRODUCED IN ACCORDANCE WITH THE MINIMUM SPECIFICATIONS OF THE DEPARTMENT."

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

HB99-1052 by Representative Ragsdale; also Senator Phillips--Concerning provisions making it mandatory to offer health insurance coverage for breast pumps.

Laid over until February 8, retaining place on Calendar.

HB99-1092 by Representatives Dean, Ament; also Senator Phillips--Concerning reimbursements to the Colorado state patrol for costs incurred in mitigating a hazardous substance incident.

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

HB99-1143 by Representative Lawrence; also Senator Musgrave--Concerning the regulation of health care coverage.

Amendment No. 1, Health, Environment, Welfare, & Institutions Report, dated January 25, 1999, and placed in member's bill file; Report also printed in House Journal, January 26, pages 216-217.

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

HB99-1030 by Representative Allen; also Senator Powers--Concerning the increase of the privatization of the regional transportation district's bus service operations to thirty-five percent.

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

HB99-1037 by Representative Windels; also Senator Epps--Concerning the authority of a school district to prohibit certain expelled students from enrolling in certain schools.

Amendment No. 1, by Representative Lee.

Strike the Education Committee Report, dated January 25, 1999, and substitute the following:

"Amend printed bill, page 2, line 3, strike "(a)";

line 4, strike "PURSUANT TO PARAGRAPH (c) OR";

line 5, strike "(d) OF SUBSECTION (1) OF THIS SECTION";

line 8, strike "IF, FOR";

strike lines 9 through 13;

line 14, strike "IMMEDIATE FAMILY.";

strike lines 19 through 26.

Page 3, strike lines 1 and 2.".

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

HB99-1046 by Representative Mace; also Senator Tebedo--Concerning dropout prevention strategies.

Amendment No. 1, Education Report, dated January 25, 1999, and placed in member's bill file; Report also printed in House Journal, January 27, pages 223-224.

As amended, referred to the Committee on Appropriations.

On motion of Representative Dean, the remainder of the General Orders Calendar (HB99-1171, 1032, 1049, 1157, 1107, 1145, 1198, 1201, 1048, 1027, 1070, 1173, 1175, 1188, 1127, 1159, HCR99-1001, HB99-1160, 1194, 1180, 1090, 1122, 1191, 1097, 1100) was laid over until February 8, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1114 amended, 1075 amended, 1067 amended, 1134 amended, 1147, 1082 amended, 1152, 1024 amended, 1031, 1179 amended, 1092, 1143 amended, 1030, 1037 amended.

Laid over until date indicated retaining place on Calendar: HB99-1132 amended, 1052, 1171, 1032, 1049, 1157, 1107, 1145, 1198, 1201, 1048, 1027, 1070, 1173, 1175, 1188, 1127, 1159, HCR99-1001, HB99-1160, 1194, 1180, 1090, 1122, 1191, 1097, 1100--February 8, 1999.

Referred to Committee indicated: 1046 amended--Committee on Appropriations.

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 61 NO 0 EXCUSED 4 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez E Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon E 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 E Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Sullivant Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. E Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

______________

CONSIDERATION OF RESOLUTIONS

HJR99-1004 by Representative Young; also Senator Watten-berg-Concerning additions and modifications to the Water Pollution Control Revolving Fund Eligibility List.

(Printed and placed in member's files; also printed in House Journal, January 15, pages 114-121.)

On motion of Representative Young, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Hoppe, Kester, Smith, Sullivant, Mr. Speaker.

HJR99-1005 by Representative Young; also Senator Watten-berg-Concerning additions and modifications to the drinking water revolving fund eligibility list.

(Printed and placed in member's files; also printed in House Journal, January 15, pages 121-127.)

On motion of Representative Young, the resolution was adopted by viva voce vote.

Co-sponsors added: Representatives Hoppe, Kester, Smith, Spradley, Mr. Speaker.

_______________

REPORTS OF COMMITTEES OF REFERENCE

BUSINESS AFFAIRS AND LABOR

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

HB99-1058 be postponed indefinitely.

HB99-1187 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 41, line 20, strike "TWO" and substitute "THREE";

strike lines 22 and 23 and substitute the following:

"A FRATERNAL OR VETERANS' ORGANIZATION. TWO MEMBERS SHALL BE LANDLORD LICENSEES, AND".

Page 51, line 11, strike "of _______" and substitute "of one million two hundred twelve thousand four hundred eight";

line 12, strike "($____)," and substitute "($1,212,408),".

FINANCE

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

HB99-1015 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, after line 2, insert the following:

"SECTION 5. 29­2­106 (4) (a), Colorado Revised Statutes, is amended to read:

29­2­106.  Collection ­ administration ­ enforcement. (4) (a)  The executive director of the department of revenue shall, at no charge, administer, collect, and distribute the sales tax of any home rule municipality, upon request of the governing body of such municipality, if the provisions of the sales tax ordinance of said municipality, other than those provisions relating to local procedures followed in adopting the ordinance and whether or not the ordinance applies the sales tax to the sale of food, as defined in section 39­26­102 (4.5), C.R.S., or purchases of machinery or machine tools as provided in section 39­26­114 (11), C.R.S., or sales or purchases of electricity, coal, wood, gas, fuel oil, or coke as provided in section 39­26­114 (1) (a) (XXI), C.R.S., OR VENDING MACHINE SALES OF FOOD AS DESCRIBED IN SECTION 39­26­114 (7.5), C.R.S.,correspond to the requirements of this article for sales taxes imposed by counties, towns, and cities and if no use tax is to be collected by the department except as provided in section 39­26­208, C.R.S. At the time of making such request, said governing body shall certify to the executive director of the department of revenue a true copy of said sales tax ordinance.".

Renumber succeeding sections accordingly.

Page 7, after line 21, insert the following:

"SECTION 10. 39-26-123 (2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH to read:

39­26­123.  Receipts ­ disposition ­ repeal.  (2) (a) (I) (A.5) FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2001, BUT PRIOR TO JULY 1, 2008, THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL BE INCREASED BY ONE ONE-HUNDREDTH OF ONE PERCENT, AND THE ALLOCATION TO THE GENERAL FUND SHALL BE DECREASED BY ONE ONE-HUNDREDTH OF ONE PERCENT, PURSUANT TO H.B. 99-1015, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY. THE MODIFICATION TO THE ALLOCATION OF RECEIPTS MADE PURSUANT TO THIS SUB-SUBPARAGRAPH (A.5) SHALL BE IN ADDITION TO ANY OTHER MODIFICATIONS TO THE ALLOCATION OF SUCH RECEIPTS MADE BY LAW.".

Renumber succeeding sections accordingly.

HB99-1029 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 4, after line 9, insert the following:

"SECTION 3.  29­2­106 (4) (a), Colorado Revised Statutes, is amended to read:

29­2­106.  Collection ­ administration ­ enforcement. (4) (a)  The executive director of the department of revenue shall, at no charge, administer, collect, and distribute the sales tax of any home rule municipality, upon request of the governing body of such municipality, if the provisions of the sales tax ordinance of said municipality, other than those provisions relating to local procedures followed in adopting the ordinance and whether or not the ordinance applies the sales tax to the sale of food, as defined in section 39­26­102 (4.5), C.R.S., or purchases of machinery or machine tools as provided in section 39­26­114 (11), C.R.S., or sales or purchases of electricity, coal, wood, gas, fuel oil, or coke as provided in section 39­26­114 (1) (a) (XXI), C.R.S., OR TO INTRASTATE TELEPHONE AND TELEGRAPH SERVICES AS PROVIDED IN SECTION 29­2­105 (1) (d), C.R.S., correspond to the requirements of this article for sales taxes imposed by counties, towns, and cities and if no use tax is to be collected by the department except as provided in section 39­26­208, C.R.S. At the time of making such request, said governing body shall certify to the executive director of the department of revenue a true copy of said sales tax ordinance.".

Renumber succeeding sections accordingly.

Page 10, after line 20, insert the following:

"SECTION 9. 39-26-123 (2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH to read:

39­26­123.  Receipts ­ disposition ­ repeal.  (A.5) FOR FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2001, BUT PRIOR TO JULY 1, 2008, THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL BE INCREASED BY FORTY-ONE ONE-HUNDREDTHS OF ONE PERCENT, AND THE ALLOCATION TO THE GENERAL FUND SHALL BE DECREASED BY FORTY-ONE ONE-HUNDREDTHS OF ONE PERCENT, PURSUANT TO H.B. 99-1029, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY. THE MODIFICATION TO THE ALLOCATION OF RECEIPTS MADE PURSUANT TO THIS SUB-SUBPARAGRAPH (A.5) SHALL BE IN ADDITION TO ANY OTHER MODIFICATIONS TO THE ALLOCATION OF SUCH RECEIPTS MADE BY LAW.".

Renumber succeeding sections accordingly.

Page 10, line 22, strike "1999." and substitute "2001.".

HB99-1151 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 2, line 14, strike "1999," and substitute "2001, IF, BASED UPON THE FINANCIAL STATEMENT PREPARED IN ACCORDANCE WITH SECTION 24­77­106.5, C.R.S., THE CONTROLLER CERTIFIES THAT THE AMOUNT OF STATE REVENUES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION AND THE VOTERS STATEWIDE DID NOT AUTHORIZE THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS STATE REVENUES FOR THAT STATE FISCAL YEAR, THEN".

Page 3, after line 12, insert the following:

"SECTION 2.  24­77­106.5, Colorado Revised Statutes, is amended to read:

24­77­106.5.  Annual financial report ­ certification of state excess revenues. (1) (a)  For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, and debt. Such financial report shall be audited by the state auditor.

(b)  BASED UPON THE FINANCIAL STATEMENT PREPARED IN ACCORDANCE WITH PARAGRAPH (a) OF THIS SUBSECTION (1) FOR ANY GIVEN FISCAL YEAR, THE CONTROLLER SHALL CERTIFY TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE NO LATER THAN SEPTEMBER 1 FOLLOWING THE END OF A FISCAL YEAR THE AMOUNT OF STATE REVENUES IN EXCESS OF THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION, IF ANY, FOR SUCH FISCAL YEAR.

(2)  ANY FINANCIAL REPORT PREPARED AND CERTIFICATION OF STATE EXCESS REVENUES MADE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE AUDITED BY THE STATE AUDITOR. NO LATER THAN SEPTEMBER 15 FOLLOWING THE CERTIFICATION MADE BY THE STATE CONTROLLER FOR ANY GIVEN FISCAL YEAR, THE STATE AUDITOR SHALL REPORT AND TRANSMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE THE RESULTS OF ANY AUDIT CONDUCTED IN ACCORDANCE WITH THIS SUBSECTION (2).

(2) (3)  Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.".

Renumber succeeding section accordingly.

JUDICIARY

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

HB99-1068 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 3, after line 7, insert the following:

"SECTION 3.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­129.  Appropriation to comply with section 2­2­703. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 99-1068, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­SECOND GENERAL ASSEMBLY:

(a)   FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF TWENTY-FOUR THOUSAND THREE HUNDRED THIRTEEN DOLLARS ($24,313).

(b) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE HUNDRED EIGHTY THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($180,614).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF EIGHT THOUSAND FOUR HUNDRED THIRTY-SEVEN DOLLARS ($8,437).

(c) (I)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF TWO HUNDRED FORTY-SIX THOUSAND SIX HUNDRED EIGHT DOLLARS ($246,608).

(II)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF SEVENTY-ONE THOUSAND ONE HUNDRED TEN DOLLARS ($71,110).

(d)   FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED EIGHTY-TWO DOLLARS ($156,682).

(e)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED EIGHTY-TWO DOLLARS ($156,682).".

Page 1, line 102, strike "SENTENCE." and substitute "SENTENCE, AND MAKING AN APPROPRIATION THEREFOR.".

HB99-1119 be postponed indefinitely.

HB99-1196 be postponed indefinitely.

HB99-1199 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 1.  Part 3 of article 2 of title 14, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

14­2­301.5.  Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS THAT THE PUBLIC POLICY OF THE STATE OF COLORADO IS TO ENCOURAGE LIFE­LONG MARRIAGES BETWEEN MEN AND WOMEN. THE GENERAL ASSEMBLY FURTHER FINDS THAT PREMARITAL COUNSELING OFTEN RAISES THE PARTIES' AWARENESS TO THE CHALLENGES OF MARRIAGE AND CAUSES THEM TO CONSIDER MORE SERIOUSLY THE COMMITMENT ASSOCIATED WITH ENTERING INTO MATRIMONY. IN ADDITION, THE GENERAL ASSEMBLY FINDS THAT PREMARITAL AND POSTMARITAL COUNSELING CAN CONTRIBUTE TO ENDURING MARRIAGES.

SECTION 2.  14­2­304 (1) (h), Colorado Revised Statutes, is amended, and the said 14­2­304 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

14­2­304. Content. (1)  Parties may contract with respect to:

(h)  The choice of law governing the construction of the agreement; and

(h.5)  COVENANT MARRIAGE AGREEMENTS CONCERNING MARITAL COUNSELING, MEDIATION, AND ARBITRATION, PROVIDED HOWEVER THAT A COURT SHALL DECLINE TO ENFORCE ANY AGREEMENT UNDER THIS PARAGRAPH IF IT DETERMINES THAT ENFORCING THE PROVISIONS POSES A RISK OF PHYSICAL OR SEVERE EMOTIONAL HARM TO EITHER PARTNER OR ANY CHILDREN OF THE MARRIAGE; AND

SECTION 3.  14­2­310 (1), Colorado Revised Statutes, is amended, and the said 14­2­310 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

14­2­310.  Effective date ­ applicability. (1)  Except as provided in subsection (2) SUBSECTIONS (2) AND (3) of this section, this part 3 shall take effect July 1, 1986, and shall apply only to marital agreements that become effective on or after said date. All such marital agreements entered into prior to July 1, 1986, shall be governed by the laws then in effect.

(3)  THE PROVISIONS OF SECTIONS 14­2­301.5 AND 14­2­304 (1) (h.5), AS CONTAINED IN HOUSE BILL 99­1199, SHALL TAKE EFFECT AT 12:01 A.M. ON THE DAY FOLLOWING THE EXPIRATION OF THE NINETY­DAY PERIOD AFTER FINAL ADJOURNMENT OF THE GENERAL ASSEMBLY THAT IS ALLOWED FOR SUBMITTING A REFERENDUM PETITION PURSUANT TO ARTICLE V, SECTION 1 (3) OF THE STATE CONSTITUTION; EXCEPT THAT, IF A REFERENDUM PETITION IS FILED AGAINST THAT ACT OR AN ITEM, SECTION, OR PART OF THAT ACT WITHIN SUCH PERIOD, THEN THE ACT, ITEM, SECTION, OR PART, IF APPROVED BY THE PEOPLE, SHALL TAKE EFFECT ON THE DATE OF THE OFFICIAL DECLARATION OF THE VOTE THEREON BY PROCLAMATION OF THE GOVERNOR. THE PROVISIONS OF SECTIONS 14­2­301.5 AND 14­2­304 (1) (h.5) SHALL APPLY ONLY TO MARITAL AGREEMENTS THAT BECOME EFFECTIVE ON OR AFTER THE EFFECTIVE DATE OF THAT SECTION.

SECTION 4.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to marital agreements that become effective on or after the applicable effective date of this act.".

LEGAL SERVICES

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

HB99-1163 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 13, strike "(4 CCR 801­1):" and substitute "(4 CCR 801):";

strike lines 14 through 19, and substitute the following:

"(A)  R­6­4, concerning an unsatisfactory performance rating;

(B)  R­8­5, concerning grievance and what is grievable and not grievable;";

line 21, strike "administrative procedures and";

line 23, strike "(4 CCR 801­2):" and substitute "(4 CCR 801):";

strike lines 24 through 26, and substitute the following:

"(A)  P­6­1, concerning the director establishing guidelines governing the performance management and evaluation system for employees;

(B)  P­8­13, concerning the performance management review process being an open, impartial process that is not a grievance or appeal;

(C)  P­8­17, concerning performance management review process;

(D)  P­12­23, concerning the definition of performance management review process under CPP;".

Page 5, strike lines 1 through 5.

Page 7, strike lines 1 through 21.

Renumber succeeding subsection accordingly.

Page 8, after line 3, insert the following:

"SECTION 2.  Pilot project for review of rules ­ extended. In H.B. 97­1193 and S.B. 98­109, the general assembly authorized the committee on legal services to conduct a pilot project for the prioritization of the review of executive branch rules. In the interests of using staff resources efficiently in carrying out the rule review functions pursuant to section 24­4­103, Colorado Revised Statutes, and to gather more information on the effectiveness of such an approach, the committee on legal services is authorized to direct the staff of the office of legislative legal services to continue to operate the pilot project for the prioritization of the review of executive branch rules adopted or amended on or after November 1, 1998, and before November 1, 2000. The pilot project shall require that every rule submitted be reviewed but shall provide for appropriate graduated levels of review based on criteria established by the committee on legal services.".

Renumber succeeding section accordingly.

TRANSPORTATION AND ENERGY

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

HB99-1035 be postponed indefinitely.

HB99-1101 be postponed indefinitely.

HB99-1158 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, strike lines 23 through 26.

Renumber succeeding subsections accordingly.

Page 5, line 6, strike "(3)." and substitute "(2).".

Page 6, line 4, strike "PROPRIATE" and substitute "PROXIMATE".

Page 7, strike lines 21 and 22.

Reletter succeeding paragraphs accordingly.

Page 7, line 24, strike "(3)" and substitute "(2)";

line 26, strike "(4)" and substitute "(3)".

HB99-1181 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, line 5, strike "JANUARY 1, 2000," and substitute "THE EFFECTIVE DATE OF THIS ACT,".

Page 2, line 3, strike "JANUARY 1, 2000," and substitute "ON THE EFFECTIVE DATE OF THIS ACT,";

line 14, strike "JANUARY 1, 2000," and substitute "ON THE EFFECTIVE DATE OF THIS ACT,";

line 20, strike "MONTHS." and substitute "MONTHS; EXCEPT THAT VEHICLES OWNED OR OPERATED BY THE STATE OF COLORADO OR ANY AGENCY OR POLITICAL SUBDIVISION THEREOF THAT IS AUTHORIZED AND LICENSED PURSUANT TO SECTION 42­4­309 TO INSPECT FLEET VEHICLES SHALL BE INSPECTED ANNUALLY.";

line 21, strike "JANUARY 1, 2000," and substitute "ON THE EFFECTIVE DATE OF THIS ACT,".

Page 4, strike lines 15 and 16.

Renumber succeeding section accordingly.

HB99-1206 be referred to the Committee of the Whole with favorable recommendation.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

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

SB99-069, amended as printed in Senate Journal, February 1, page 144.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB99-069.

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., February 8, 1999.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk