March 17, 2000
To the Honorable
House of Representatives
Sixty-second General Assembly
Second Regular Session
Denver, CO 80203
Ladies and Gentlemen:
I have the honor to inform you that I have approved and filed with the Secretary of State the following Acts:
HB00-1046 Concerning The Creation Of Elective Supplemental Pro-cedures Concerning Securities Issued By Public Entities.
Approved March 16, 2000 at 3:44 p.m.
HB00-1087 Concerning The Public Utilities Commission’s Supervision Of A Public Utility’s Guarantee Of Securities.
Approved March 16, 2000 at 4:45 p.m.
HB00-1092 Concerning Removal of the Requirement That Certain Financial Service Institutions Provide an Original Signature in Their Routine Reports To The State Commissioner of Financial Services.
Approved March 17, 2000at 11:07 a.m.
HB00-1190 Concerning An Increase In The Limitation On The Outstanding Bond Amount Issued By The Colorado Student Obligation Bond Authority.
Approved March 16, 2000 at 4:33 p.m.
HB00-1191 Concerning The Authority Of The Department Of The Treasury To Withhold The Salary Of A District Court Judge When Such Judge Fails To Rule In A Timely Manner.
Approved March 17, 2000 at 11:05 a.m.
HB00-1218 Concerning A Requirement That Notice Of Certain Provisions Of the “Mobile Home Park Act” Be Provided To Mobile Home Owner Whose Tenancy Is Being Terminated.
Approved March 17, 2000 at 11:01 a.m.
HB00-1226 Concerning The Conversion Of A Liquor- Licensed Drugstore License To A Retail Liquor Store License Under The “Colorado Liquor Code”.
Approved March 16, 2000 at 3:52 p.m.
HB00-1266 Concerning The Ability Of Persons With An Ownership Interest In An Optional Premises Liquor License to Have N Ownership Interest In Another Optional Premises Liquor License.
Approved March 17, 2000 at 11:02 a.m.
HB00-1292 Concerning An Authorization For Creditors To Issue Credit Insurance For Periods Shorter Than The Full Term Of Indebtedness.
Approved March 17, 2000, at 11:03 a.m.
HB00-1310 Concerning The Creation Of A Temporary Credit Against Unemployment Insurance Taxes.
Approved March 16, 2000 at 4:14 p.m.
Sincerely,
(signed)
Bill Owens
Governor______________
INTRODUCTION OF BILL
First Reading
The following bill was read by title and referred to the committee indicated:
HB00-1451 by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning the provision for 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, 2000, except as otherwise noted.
Committee on Appropriations______________
CONSIDERATION OF RESOLUTION
HJR00-1017 by Representatives Alexander, Coleman, Gagliardi, Grossman, Hoppe, Johnson, Miller, Plant, Smith, Spradley, Taylor, Webster, Young; also Senators Dennis, Chlouber, Hillman, Wattenberg--Concerning the designa-tion of March 20, 2000, as national agriculture day in Colorado.
(Printed and placed in member's file; also printed in House Journal, March 16, pages 961-962.)
On motion of Representative Alexander, the resolution was read at length and adopted by viva voce vote.
Co-sponsors added: Roll call of the House._______________
On motion of Representative Dean, SB00-078, HB00-1393, SB00-186 shall be made Special Orders on Monday, March 20, 2000, at 10:53 a.m._______________
The hour of 10:53 a.m., having arrived, on motion of Representative Spence, the House resolved itself into Committee of the Whole for consideration of Special Orders and she was called to the Chair to act as Chairman._______________
SPECIAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:
(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)
SB00-078 by Senators Arnold, Andrews, Chlouber, Dennis, Evans, Hillman, Musgrave, Teck; also Representative Mitchell--Concerning the assignment of the city and county of Bloomfield to a judicial district.
Ordered revised and placed on the Calendar for Third Reading and Final Passage.
HB00-1393 by Representatives Ragsdale, Larson; also Senator Dyer--Concerning an increase in the maximum weight allowable for vehicles issued military veteran special license plates.
Amendment No. 1, Transportation & Energy Report, dated February 16, 2000, and placed in member’s bill file; Report also printed in House Journal, February 18, pages 589-590.
Amendment No. 2, Appropriations Report, dated March 10, 2000, and placed in member’s bill file; Report also printed in House Journal, March 10, page 892.
As amended, ordered engrossed and placed on the Calendar for Third Reading and Final Passage.
SB00-186 by Senator Anderson; also Representative Allen--Concerning education reform, and making an appropriation therefor.
Amendment No. 1, Education Report, dated March 15, 2000, and placed in member’s bill file; Report also printed in House Journal, March 16 , pages 963-972.
Amendment No. 2, Appropriations Report, dated March 17, 2000, and placed in member’s bill file; Report also printed in House Journal, March 17, pages 987-988.
Amendment No. 3, by Representative Allen.
Amend the Appropriations Committee Report, dated March 17, 2000, page 1, strike lines 1 and 2 and substitute the following:
"Amend the Education Committee Report, dated March 15, 2000, page 9, after line 22, insert the following:
"Page 76, line 1, strike "Results" and substitute "For reporting purposes only, results";";
line 23 of the Education committee report, strike "Page 76,".
Page 11 of the Education committee report, line 5, change the semicolon to a period;";
strike lines 6 through 9 of the Appropriations committee report and substitute the following:
"Page 96, line 21, strike "($11,769,120)," and substitute "($11,769,120) and 4.0 FTE,";"".
Amendment No. 4, by Representative Allen.
Amend the Amendment No. 3, by Representative Allen, as printed in House Journal, page 1014, line 20, strike the first ""($11,769,120),"" and substitute ""($11,827,759),""._______________
Committee in recess. Committee reconvened.
_______________
Amendment No. 5, by Representative Allen.
Amend the Education Committee Report, dated March 15, 2000, page 3, strike lines 14 through 23, and substitute the following:
"Page 20, line 13, strike "change in academic performance by area." and substitute "school improvement - "C" and below schools.";
line 15, strike "performance in each" and substitute "improvement over time for any school that received an overall academic performance grade of "F", "D", or "C".";
strike lines 16 through 18 and substitute the following:
"Public schools shall be assigned an "A", "B", "C", "D", or "F" for school improvement over time,";
line 19, strike "area";
strike line 26 and substitute the following:
"a letter grade for school improvement over time for each public school".
Page 21, strike lines 2 through 26 and substitute the following:
"(I) "A": A gain of .5 or greater standard deviation over the prior year's standardized, weighted total score;
(II) "B": A gain of .3 to .49 standard deviation over the prior year's standardized, weighted total score;
(III) "C": A gain of .29 to -.29 standard deviation over the prior year's standardized, weighted total score;
(IV) "D": A gain of -.3 to -.49 standard deviation over the prior year's standardized, weighted total score;
(V) "F": A gain of -.5 or greater standard deviation over the prior year's standardized weighted total score.".
Page 22, strike lines 1 through 4 and substitute the following:
"(7) Determination school decline over time for A and B schools. Beginning with the 2001-02 school year, the department shall annually designate school decline over time for any school that received an overall academic performance grade of an "A" or "B" and saw a decline in performance calculated pursuant to this section. Public schools that receive an overall academic performance grade of an "A" or "B" shall be assigned such designation based on their CSAP-area standardized, weighted total score calculated pursuant to subsection (3) of this section or, in the case of a high school, based on the weighed average of its CSAP-area standardized, weighted total score calculated pursuant to subsection (3) of this section and its standardized mean scores calculated pursuant to subsection (4) of this section. The department shall designate any public school that received an overall academic performance grade of an "A" or "B" for school decline over time if it meets the criteria according to its demonstration of the following:
(a) "Declining school performance over time": A decline of .3 of a point from the standard deviation from the prior school year;
(b) "Sustained decline in school performance over time": A decline of .5 of a point from the standard deviation from the prior school year or improvement of .8 of a point from the standard deviation compared to the baseline performance year.".
Renumber succeeding subsection accordingly.";
after line 24 of the Committee Report, insert the following:
"Page 25, strike lines 17 through 22 and substitute the following;
"If a school receives an overall academic performance grade of a "C", "D", or "F", immediately below the words "Overall Academic Performance" shall appear "School Improvement Over Time: [letter grade calculated pursuant to section 22-7-604 (6)]". If a school received an overall academic performance grade of a "B" or "C" and received a designation pursuant to section 22-7-604 (7), immediately below the words "Overall Academic Performance" shall appear either the phrase "With Declining School Performance Over Time" or "With Sustained Decline in School Performance Over Time", whichever is appropriate as calculated pursuant to section 22-7-604 (7).";";
line 25 of the Committee Report, strike "Page 25,".
Amendment No. 6, by Representative Coleman.
Amend the Education Committee Report, dated March 15, 2000, page 2, line 8, strike ""(IV)";" and substitute ""(IV)" and strike "Deficient" and substitute "Unsatisfactory";";
line 17 of the Committee Report, change the last period to a semicolon;
after line 17, insert the following:
"strike line 26 and substitute the following:
"each grade level: "F" for failing, "D" for unsatisfactory, "C" for partially proficient, "B" for proficient, and "A" for advanced.".
Page 15, strike line 1.".
Page 3 of the Committee Report, after line 13, insert the following:
"Page 21, line 2, strike "Sustained" and substitute ""A" for sustained";
line 7, strike "Improved:" and substitute ""B" for improved:";
line 9, strike "Maintained:" and substitute ""C" for maintained:";
line 12, strike "Declined:" and substitute ""D" for declined:";
line 14, strike "Sustained" and substitute ""F" for sustained";";
line 14 of the Committee Report, strike "Page 21,".
Amendment No. 7, by Representative King.
Amend the Education Committee Report, dated March 15, 2000, page 5, strike lines 1 through 7.
Amendment No. 8, by Representative Allen.
Amend the Education Committee Report, dated March 15, 2000, page 6, after line 9, insert the following:
"Page 47, strike "2002," and substitute "2001,".";
after line 11 of the committee report, insert the following:
"line 21, strike "During the first year of a school".";
strike line 12 of the committee report and substitute the following:
"line 22, strike "improvement plan, the" and substitute "The" and strike "state" and substitute "department".";
strike lines 14 through 17 of the committee report and substitute the following:
"Page 49, line 6, after "(5)", insert "(a)" and strike "during" and substitute "after";
strike lines 9 through 18 and substitute the following:
"to section 22-7-604, by at least [number] standard duration, the state board shall proceed with the recommendation of an independent charter school pursuant to the provisions of part 3 of article 30.5 of this title.
(b) (I) If, after the first year a school improvement plan is submitted to the state board, the public school receives an academic grade of "F" and does not improve its academic improvement performance score pursuant to section 22-7-604, by at least [number] standard duration, the school district shall be allowed to continue to operate that school under the school improvement plan, with or without modification, for another consecutive year.
(II) If, after the second year of operation under a school improvement plan the public school receives an academic performance grade of "F" pursuant to section 22-7-604, the state board shall proceed with the recommendation of an independent charter school pursuant to the provisions of part 3 of article 30.5 of this title.";".
Page 7 of the committee report, strike line 16 and substitute the following:
"Page 55, line 5, strike "22-7-611" and substitute "22-7-609";
strike line 6 and substitute the following:
"year of a school improvement plan pursuant to section 22-7-609 (5) (a) or (5) (b) (II),";
line 8, strike "for two";".
Page 8 of the committee report, after line 9, insert the following:
"Page 61, after line 26, insert the following:
"(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), if, during the year prior to the year in which the independent charter school is to open the school receives an academic performance grade of "D" or better, the local board of education may deny the application and the school shall remain under the administration of the local school.".".
Amendment No. 9, by Representative Allen.
Amend the Amendment No. 8, by Representative Allen, as printed in House Journal page 1016, line 54, after "47,", insert "line 13,".
Amendment No. 10, by Representative Allen.
Amend the Amendment No. 8, by Representative Allen as printed in House Journal page 1017, line 16, strike "[number] standard duration," and substitute ".15 standard deviation,";
line 25, strike "[number] standard duration," and substitute ".15 standard deviation,".
Amendment No. 11, by Representative Tate.
Amend the Amendment No. 10, by Representative Allen as printed in House Journal page 1018, line 13, strike ".15" and substitute ".075";
line 16, ".15" and substitute ".075".
Amendment No. 12, by Representative Gordon.
Amend the Amendment No. 8, by Representative Allen, as printed in House Journal page 1017, line 16, strike "duration," and substitute "deviation or the public school does not receive a school improvement grade of "A" or "B",";
line 25, strike "duration," and substitute "deviation or the public school does not receive a school improvement grade of "A" or "B",";
line 32, strike "22-7-604," and substitute "22-7-604 and does not receive a school improvement grade of "A" or "B",";
line 56, strike "better," and substitute "better or and does not receive a school improvement grade of "A" or "B",".
Amendment No. 13, by Representatives Spence and Allen.
Amend the Education Committee Report, dated March 15, 2000, page 6, strike lines 5 and 6.
Amendment No. 14, by Representative Allen.
Amend the Education Committee Report, dated March 15, 2000, page 10, after line 13, insert the following:
"strike lines 17 through 19 and substitute the following:
"22-24-103 (4) (a) or (4) (b). However, if such student is enrolled in third grade, that student's scores shall be used after the student has been enrolled in any public school in the state for two years. In addition, if such student is enrolled in one of grades four through ten, that student's scores shall be used after the student has been enrolled in any public school in the state for three years.";".
Amendment No. 15, by Representative Pfiffner.
Amend the Education Committee Report, dated March 15, 2000, page 1, line 5, strike "tax.";" and substitute "tax and whose property is owned and operated by a political subdivision of the state.
Amendment No. 16, by Representative King.
Amend reengrossed bill, page 31, line 1, strike ""*Fully" and substitute ""*Full-time and part-time teachers";
line 2, strike "licensed and".
Amendment No. 17, by Representative Hagedorn.
Amend reengrossed bill, page 22, after line 7, insert the following:
"(8) (a) Notwithstanding the provisions of this section and section 22-7-605, the state board may issue a request for proposals from private entities to conduct an annual evaluation of the public schools and school districts that would result in performance grades of public schools and school districts that would be qualitatively comparable to the performance grades calculated pursuant to this section. Any such evaluation must evaluate information and measure items that are comparable to the information and items specified in this section and section 22-7-605.
(b) Based on the responses from the request for proposals received, if the state board determines that a private entity could conduct such an evaluation in a more cost-effective, efficient, and accurate manner than that described in this section, the state board may contract with said entity for such an evaluation and for preparation of report cards reflecting the evaluation and performance grade of public schools and school districts throughout the state. Such report cards shall be comparable in form and substance to the school report cards described in section 22-7-605.
(c) Prior to entering into a contract with a private entity pursuant to this subsection (8), the state board shall notify the education committees of the senate and the house of representatives of its intent to enter into such a contract and provide to the committees a copy of the response to the request for proposals.".
Amendment No. 18, by Representative Tate.
Amend reengrossed bill, page 46, strike line 21 and substitute the following:
"progress;
(c) Add additional teachers to the facility;
(d) Increase the level of funding from the school district or the state;
(e) Increase teacher salaries to attract experienced teachers;
(f) Procure more current and relevant teaching materials; or".
Reletter succeeding paragraph accordingly.
Amendment No. 19, by Representative Tate.
Amend reengrossed bill, page 47, line 4, strike "may" and substitute "shall".
Amendment No. 20, by Representative Morrison.
Amend reengrossed bill, page 65, line 24, strike "and".
Page 66, line 7, strike "year." and substitute "year;
(IV) Who, while enrolled in the neighborhood school that received an academic performance garde of "D" or "F" pursuant to section 22-7-604, met the attendance policies of the school district of the neighborhood school, adopted pursuant to section 22-33-104 (4); and
(V) Whose parent or legal guardian attended any parent-teacher conferences held during a school year in which the neighborhood school received an academic performance grade of "D" or "F", pursuant to section 22-7-604.".
Amendment No. 21, by Representative Dean.
Amend the Amendment No. 20, by Representative Morrison, as printed in House Journal, page 1020, line 32, after "held", insert "in person or by telephone".
Amendment No. 22, by Representative Lee.
Amend reengrossed bill, page 88, line 16, strike "district. of residence" and substitute "district of residence with the consent of the child's parent or legal guardian. The school district shall accept the transcripts from the non-public home-based educational program for any such child.".
Amendment No. 23, by Representative Gordon.
Amend reengrossed bill, page 77, before line 20, insert the following:
"(IV) Students who have been suspended from school because of a disciplinary violation.".
Amendment No. 24, by Representative Dean.
Amend the Amendment No. 23, by Representative Gordon, as printed in House Journal, page 1020, line 54, strike "have been suspended" and substitute "are under suspension";
line 55, strike "violation."." and substitute "violation at the time that the assessment is administered.".".
Amendment No. 25, by Representatives Larson and Kaufman.
Amend reengrossed bill, page 91, strike lines 21 through 26 and substitute the following:
"children. Parents shall receive an overview of the topics to be presented in the curriculum. The curriculum and materials to be used shall be made available for public inspection at reasonable times and reasonable hours.
Amendment No. 26, by Representative Hefley.
Amend reengrossed bill, page 92, after line 12, insert the following:
"SECTION 26. 22-63-103 (4), (5), and (10), Colorado Revised Statutes, are amended, and the said 22-63-103 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
22-63-103. Definitions. As used in this article, unless the context otherwise requires:
(3.5) "Contract teacher" means a teacher who is employed by a school district pursuant to the terms of a written term employment contract as provided in section 22-63-202 (1) (c). "Contract teacher" includes any nonprobationary teacher who chooses to be employed pursuant to a term employment contract as provided in section 22-63-202 (1) and voluntarily waives the dismissal procedures specified in part 3 of this article, except as such procedures apply to dismissal during the term of a term employment contract.
(4) "Dismissal" or "dismissed" means the involuntary termination of employment of a nonprobationary teacher for any reason other than a justifiable decrease in teaching positions or the involuntary termination of employment of a probationary teacher or a contract teacher during the term of the teacher's employment contract for any reason other than a justifiable decrease in teacher positions.
(4.5) "Nonprobationary teacher" means a teacher who, prior to July 1, 2000, has completed three full years of continuous employment with the employing school district and has been reemployed for the fourth year; except that "nonprobationary teacher" shall not include any such teacher who chooses to be employed pursuant to a term employment contract as provided in section 22-63-202 (1) and voluntarily waives the dismissal procedures specified in part 3 of this article, except as such procedures apply to dismissal during the term of a term employment contract.
(5) "Nonrenewal" means the involuntary termination of employment of a contract teacher or a probationary teacher by a board at the expiration of a specific contractual period.
(10) "Substitute teacher" means a teacher who normally performs services as an employee of a school district for four hours or more during each regular school day, but works on one continuous assignment for a total of less than ninety regular school days, or for less than one semester or equivalent time as determined by the annual school year calendar of the district in which the teacher is employed during an academic year. "Substitute teacher" also means an itinerant teacher who, as an employee of a school district, normally performs services on a day-to-day or similar short-term basis during an academic year as a replacement teacher for a nonprobationary or a contract teacher employed pursuant to section 22-63-202, a probationary teacher employed pursuant to section 22-63-203, or a part-time teacher while the nonprobationary, contract, probationary, or part-time teacher is absent or otherwise unavailable. "Substitute teacher" does not include any nonprobationary, contract, or probationary teacher who is assigned as a permanent substitute teacher within a school district.
SECTION 27. 22-63-202 (1) and (3), Colorado Revised Statutes, are amended, and the said 22-63-202 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
22-63-202. Employment contracts - contracts to be in writing - duration - damage provision. (1) (a) Except for a part-time or substitute teacher, every employment contract entered into by any teacher or chief administrative officer for the performance of services for a school district shall be in writing.
(b) (I) Each nonprobationary teacher shall annually receive a written contract, updated to reflect any changes in assignment, duties, benefits, or compensation. A nonprobationary teacher may be dismissed only as provided in part 3 of this article.
(II) A nonprobationary teacher may choose to be employed as a contract teacher pursuant to a term employment contract as provided in paragraph (c) of this subsection (1) and waive the dismissal procedures specified in part 3 of this article, except as such procedures apply to dismissal during the term of the term employment contract.
(c) Except as otherwise provided for nonprobationary teachers pursuant to paragraph (b) of this subsection (1), beginning July 1, 2000, each teacher who completes three full years of continuous employment with the employing school district and who is reemployed for the fourth year shall be hired as a contract teacher pursuant to a written term employment contract as provided in this section. Such contracts shall specify a term of employment of between one and four years. During the term of the term employment contract, a contract teacher may be subject to dismissal only as provided in part 3 of this article or the employment contract may be cancelled as provided in subsection (3) of this section. A contract teacher may be suspended temporarily during the term of the term employment contract until the date of dismissal as ordered by the board pursuant to section 22-63-302. The portion of the employment contract that specifies the amount of compensation shall be subject to annual renegotiation and available appropriations.
(3) A teacher may be suspended temporarily during the contractual period until the date of dismissal as ordered by the board pursuant to section 22-63-302 or may have his or her employment contract cancelled during the contractual period when there is a justifiable decrease in the number of teaching positions. The manner in which employment contracts will be cancelled when there is a justifiable decrease in the number of teaching positions may be included in any contract between the board of education of the school district and school district employees. If there is no such contract provision, when a justifiable reduction in the number of teaching positions within a particular endorsement area occurs, the employment contracts of first-year probationary teachers who are occupying such positions shall be cancelled first. Further reductions in the number of teaching positions through the cancellation of employment contracts of second-year and third-year probationary teachers and contract and nonprobationary teachers shall be made in accordance with an established policy of the board of education of the school district. The provisions of this subsection (3) concerning the cancellation of employment contracts shall not create any property right or contract right, express or implied, for second-year and third-year probationary teachers or contract teachers.
(5) All employment contracts of contract teachers shall be subject to renewal or nonrenewal upon expiration based on the contract teacher's performance during the term of the contract, as determined by the contract teacher's performance evaluations pursuant to the school district's performance evaluation system implemented as required in article 9 of this title.
(6) (a) The principal of the school at which a contract teacher is employed shall make a written recommendation to the chief administrative officer of the employing school district regarding whether the contract teacher's employment contract should be renewed, specifying the reasons supporting the recommendation. If the principal is the chief administrative officer of the employing school district, he or she shall make the written recommendation directly to the board and shall forward a copy of the recommendation to the teacher.
(b) The chief administrative officer of the employing school district shall forward the principal's recommendation, with a statement either endorsing or rejecting the principal's recommendation, to the board and to the teacher. If the chief administrative officer rejects the principal's recommendation, he or she shall specify in writing the reasons therefor. If the board, based on recommendations of the principal and the chief administrative officer, does not renew the term employment contract, the contract teacher shall be given a written notice of contract nonrenewal, specifying in writing the reasons therefor.
(c) It is the intent of the general assembly that providing a contract teacher with the reasons for contract nonrenewal shall not create any property right or contract right, express or implied.
(d) Any contract teacher whose term employment contract is not renewed as provided in this subsection (6) may be subsequently hired and employed by another school district as a probationary teacher as provided in section 22-63-203. Any contract teacher who, at the conclusion of a contract period, voluntarily seeks employment with another school district in this state may be hired by such other school district only as a contract teacher.
(7) (a) Each term employment contract entered into pursuant to this section shall specify the basic conditions of employment, including but not limited to the contract teacher's position, hours, amount of vacation and sick leave, salary, and benefits. The term employment contract for each contract teacher shall contain the items set forth in paragraph (b) of this subsection (7).
(b) The contract teacher shall have an opportunity to discuss and agree to terms of employment that are specific to the contract teacher. Such terms shall be included in the term employment contract. At a minimum, such terms shall include the following items:
(I) A description of the contract teacher's duties and the school district's expectations for the performance of those duties, including but not limited to the curriculum requirements to be met by the contract teacher;
(II) The performance objectives to be achieved by the contract teacher, determined in the course of the contract teacher's performance evaluation pursuant to the school district's performance evaluation system implemented as required in article 9 of this title.
SECTION 28. Part 3 of article 63 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
22-63-303. Applicability of part. The provisions of this part 3 shall apply to the involuntary termination of employment of a nonprobationary teacher for any reason other than a justifiable decrease in teacher positions and to the involuntary termination of employment of a probationary or contract teacher during the term of the probationary or contract teacher's employment contract for any reason other than a justifiable decrease in teacher positions.
SECTION 29. 22-9-106 (1) (c), Colorado Revised Statutes, is amended to read:
22-9-106. Local boards of education - duties. (1) All school districts and boards of cooperative services that employ certificated personnel, as defined in section 22-9-103 (1.5), shall adopt a written system to evaluate the employment performance of school district and board of cooperative services certificated personnel, including all teachers, principals, and administrators, with the exception of certificated personnel employed by a board of cooperative services for a period of six weeks or less. In developing the certificated personnel performance evaluation system and any amendments thereto, the local board and board of cooperative services shall consult with administrators, principals, and teachers employed within the district or participating districts in a board of cooperative services, parents, and the school district certificated personnel performance evaluation council or the board of cooperative services personnel performance evaluation council created pursuant to section 22-9-107. The performance evaluation system shall contain, but shall not be limited to, the following information:
(c) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. At a minimum, the performance evaluation system shall ensure that probationary teachers, as defined in section 22-63-103 (7), receive at least two documented observations and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year and that contract and nonprobationary teachers, as defined in section 22-63-103 (3.5) and (4.5), respectively, receive at least one observation each year and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section every three years.
SECTION 30. 22-63-401, Colorado Revised Statutes, is amended to read:
22-63-401. Salary schedule - adoption - changes. (1) The board of a school district shall adopt by resolution a salary schedule that may be by job description and job definition, a teacher salary policy based on the level of performance demonstrated by each teacher, or a combination of the salary schedule and salary policy. Such salary schedule, salary policy, or combination schedule and policy shall be adopted in conjunction with or prior to the adoption of the budget for the following fiscal year. The schedule, policy, or combination schedule and policy shall remain in effect until changed or modified by the board. All nonprobationary teachers employed by the district shall be subject to such salary schedule, policy, or combination schedule and policy.
(2) If a district chooses to adopt a salary schedule, the board shall place each nonprobationary teacher in the school district on the salary schedule at a level at least commensurate with, but not limited to, each nonprobationary teacher's education, prior experience, and experience in the district as provided in the salary schedule.
(3) The adopted salary schedule, policy, or combination schedule and policy shall not be changed or modified during the school year in a manner so as to reduce the salary of a nonprobationary teacher for such school year; but the reassignment of a nonprobationary teacher with a reduction in salary pursuant to section 22-63-206 (2) or (3) shall not be included within the limitations of this subsection (3).
(4) The salary or compensation of any nonprobationary teacher may be changed for any succeeding school year in accordance with the salary schedule, policy, or combination schedule and policy adopted by the employing board. There shall be no reduction in the salary of any classroom nonprobationary teacher unless there is a general reduction in the salaries of all nonprobationary teachers in the district according to the adopted salary schedule, policy, or combination schedule and policy.
(5) (a) When a contract teacher changes his or her employment from one school district to another school district, the hiring school district, for purposes of determining the contract teacher's salary and benefits, shall credit the contract teacher with the total number of years that he or she has been employed as a teacher in this state; except that the contract teacher may negotiate with the hiring school district to accept a lower salary or a lower level of benefits than that to which he or she would otherwise be entitled if credited with his or her total number of years of employment as a teacher in the state.
(b) The provisions of this subsection (5) shall not apply to any contract teacher who is hired by a school district after being dismissed as provided in section 22-63-302 or after his or her employment contract is nonrenewed by a school district.
SECTION 31. 22-32-110.3 (4) (e), Colorado Revised Statutes, is amended to read:
22-32-110.3. Board of education - specific powers - teacher in residence program. (4) (e) A resident teacher shall be considered a probationary teacher for purposes of section 22-63-203; except that, for a resident teacher, the three continuous years of employment necessary to become a nonprobationary contract teacher, as defined in section 22-63-103 (3.5), shall not begin until the resident teacher begins his or her second year in the teacher in residence program.".
Renumber succeeding sections accordingly.
Amendment No. 27, by Representative Hefley.
Amend the Amendment No. 26, by Representative Hefley, as printed in House Journal, page 1023, after line 50, insert the following:
"(b) A principal may not recommend nonrenewal of the employment contract of a contract teacher unless, at the beginning of the second semester of the final school year of the employment contract, the principal notifies the contract teacher that his or her employment contract may not be renewed. Such notification shall be in writing and shall include a specific explanation of the performance issues that, if unremediated, shall result in nonrenewal of the employment contract. At the teacher's request, the principal and the teacher shall establish a written remediation plan that specifies specific, achievable performance improvements to be accomplished by the contract teacher, to the satisfaction of the principal, prior to completion of the second semester of the final school year of the employment contract. If the contract teacher successfully completes the remediation plan, his or her employment contract shall be renewed for one year. Upon successful completion of one year of employment, as determined by the principal, the teacher's employment contract shall be renewed for any term specified by the school district, up to four years.".
Reletter succeeding paragraphs accordingly.
Amendment No. 28, by Representative Larson.
Amend the Amendment No. 26, by Representative Hefley, as printed in House Journal, page 1023, strike lines 47 through 50 and substitute the following:
"recommendation. The principal, prior to submitting the recommendation to the chief administrative officer of the employing school district, shall provide a copy of the recommendation to the teacher. If the teacher disagrees with the recommendation, he or she may submit a written statement explaining the reasons for disagreement. The principal shall submit his or her recommendation, with any written statement submitted by the teacher, to the chief administrative officer of the employing school district. If the principal is the chief administrative officer of the employing school district, he or she shall submit the written recommendation directly to the board, with any written statement submitted by the teacher.";
line 53, after "recommendation,", insert "with any written statement by the teacher and".
Page 1024, line 6, after the period, add "If the teacher has submitted a written statement in disagreement with the principal's recommendations, the board may grant the teacher an opportunity to appear before the board and provide an oral explanation of his or her disagreement.".
Amendment No. 29, by Representative Tool.
Amend reengrossed bill, page 93, strike lines 11 through 26.
Renumber succeeding sections accordingly.
Amendment No. 30, by Representative Pfiffner.
Amend reengrossed bill, page 41, line 13, strike "were" and substitute "have been";
line 17, strike "results" and substitute "results.";
line 18, strike "from the preceding year.";
strike line 20 and substitute the following:
"the category.".
Amendment No. 31, by Representatives Tool, Berry, George.
Amend reengrossed bill, page 92, after line 12, insert the following:
"SECTION 26. Article 1 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
23-1-124. Commission directive - sophomore assessments. (1) (a) The commission shall adopt the necessary policies to ensure that during the spring semesters of 2000 and 2001, at one or more state-supported institutions of higher education, a standardized, college-level assessment examination is administered to students enrolled in their second year. On or before December 15, 2000, the commission shall report to the education committees of the senate and house of representatives on all aspects of the examinations. The report shall include an evaluation of the incentives proposed by the institutions to encourage students to do well on the examinations and whether sufficient information could be obtained through a sampling of students. This paragraph (a) shall be conducted with funds obtained from gifts, grants, and donations.
(b) The commission shall adopt the necessary policies to ensure that, starting with the spring semester in 2002, and each spring semester thereafter, the examination is administered to second-year students at each state-supported institution of higher education. This paragraph (b) shall be implemented only in fiscal years, beginning in fiscal year 2001-02, in which the commission submits a decision item that is approved for that fiscal year and reports pursuant to this section.
(2) The results of the assessments shall be used by the commission and the governing boards to evaluate institutions of higher education and aggregated by high school and provided to the local boards of education.".
Renumber succeeding sections accordingly.
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
(For change in action, see Amendments to Report.)_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative S. Williams moved to amend the Report of the Committee of the Whole to show that the following S. Williams amendment, to SB00-186, did pass, and that SB00-186, as amended, did pass:
Amend the Education Committee Report, dated March 15, 2000, page 1, strike lines 1 and 2 and substitute the following:
"Amend reengrossed bill, page 8, line 19, strike "and the curriculum-based,";
strike lines 20 and 21 and substitute the following:
"means the 2001-02".
Page 9, strike lines 9 through 11 and substitute the following:".
Page 2 of the Committee Report, line 17, change the last period to a semicolon;
after line 17, insert the following:
"line 16, strike "and curriculum-based,";
line 17, strike "achievement college entrance exams";
Page 16, strike lines 17 through 26.
Page 17, strike lines 1 through 12.
Renumber succeeding subsections accordingly.
Page 17, strike lines 16 through 18 and substitute the following:
"subsection (3) of this section using the number of students with";
line 19, strike "or exam".".
Page 3 of the Committee Report, after line 13, insert the following:
"Page 20, line 7, strike "level or exclude from any" and substitute "level, any";
strike lines 8 and 9;
line 20, strike "section or, in" and substitute "section.";
strike lines 21 through 24;
line 25, strike "subsection (4) of this section.".".
The amendment was declared lost by the following roll call vote:
YES 28 NO 37 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson Y
Kaufman N
Keller Y
Kester N
King N
Larson Y
Lawrence N
Lee N
Leyba N
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representatives Tupa, Leyba, and Tate moved to amend the Report of the Committee of the Whole to show that the following Tupa amendment, to SB00-186, did pass, and that SB00-186, as amended, did pass:
Amend the Education Committee Report, dated March 15, 2000, page 8, strike lines 13 and 14 and substitute the following:
"Page 64, strike lines 21 through 26.
Strike pages 65 through 68.
Page 69, strike lines 1 through 25.
Renumber succeeding sections accordingly.".
Page 11, strike "SECTION 14." and substitute "SECTION 13.".
The amendment was declared lost by the following roll call vote:
YES 26 NO 39 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman N
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative S. Williams moved to amend the Report of the Committee of the Whole to show that Amendment No. 7, by Representative King (printed in House Journal, page 1016, lines 44-47) to SB00-186, did not pass, that the following S. Williams amendment, to SB00-186 did pass, and that SB00-186, as amended, did pass:
Amend the Education Committee Report, dated March 15, 2000, page 5, line 5, strike "school." and substitute "school or a parental survey covering the performance of the public school and the usefulness of the report cards issued pursuant to this section.".
The amendment was declared lost by the following roll call vote:
YES 27 NO 38 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Windels moved to amend the Report of the Committee of the Whole to show that Amendment No. 13, by Representatives Allen and Spence (printed in House Journal page 1018, lines 42-45) to SB00-186, did not pass, and that SB00-186, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 23 NO 42 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman N
Hagedorn N
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Windels moved to amend the Report of the Committee of the Whole to show that the following Windels amendment, to SB00-186, as amended, did pass, and that SB00-186, as amended, did pass:
Amend the Education Committee Report, dated March 15, 2000, page 6, line 17, change the semicolon to a period;
after line 17, insert the following:
"line 19, strike "High-graded or improved school." and substitute "High-graded, improved, or low-graded schools - notification.";";
strike lines 18 through 25 of the Committee Report and substitute the following:
"Page 50, line 9, strike "year" and substitute "year.";
strike lines 10 and 11;
line 12, strike "immediately prior year.".".
Page 7 of the Committee Report, strike lines 1 through 8.
Page 8 of the Committee Report, strike lines 15 through 26 and substitute the following:
"Page 70, line 17, after "awards", insert "and grants";
line 23, after "awards", insert "and grants".
Page 71, line 8, after "awards", insert "and grants";
line 12, after "awards", insert "and grants";
line 22, after "awards", insert "and grants";
line 25, strike "academic";
strike line 26 and substitute the following:
"school improvement plan submitted pursuant to section 22-7-609 showed a need for additional moneys. The state board shall adopt rules governing the applications and awarding of grants made pursuant to this subsection (4).".".
Page 9 of the Committee Report, strike lines 1 through 19.
_________
Pursuant to House Rule 16, Representative Dean moved "Shall the main question be now put?" The motion was declared passed by viva voce vote._________
The amendment was declared lost by the following roll call vote:
YES 28 NO 37 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer Y
Young N
Zimmerman Y
Mr. Speaker N
Representative Allen moved to amend the Report of the Committee of the Whole to show that Amendment No. 4, by Representative Allen (printed in House Journal, page 1014, lines 23-27) to SB00-186, did not pass, and that SB00-186, as amended, did pass.
The amendment was declared passed by the following roll call vote:
YES 65 NO 0 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon Y
Berry Y
Chavez Y
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor Y
Tochtrop Y
Tool Y
Tupa Y
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels Y
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
Representatives Fairbank, Allen, and Paschall moved to amend the Report of the Committee of the Whole to show that Amendment No. 19, by Representative Tate (printed in House Journal, page 1020, lines 14-17) to SB00-186, did not pass, and that SB00-186, as amended, did pass.
The amendment was declared passed by the following roll call vote:
YES 37 NO 28 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker N
Fairbank Y
Gagliardi N
Gordon N
Gotlieb N
Grossman N
Hagedorn N
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller N
Kester Y
King Y
Larson N
Lawrence Y
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller N
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale N
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia N
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil N
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
Representative Bacon moved to amend the Report of the Committee of the Whole to show that Amendment No. 5, by Representative Allen (printed in House Journal, page 1014, lines 33-55, page 1015, and page 1016, lines 1-10) to SB00-186, did not pass, that the following Bacon and Swenson amendment, to SB00-186, did pass, and that SB00-186, as amended, did pass.
Amend the Education Committee Report, dated March 15, 2000, page 1, strike lines 1 and 2 and substitute the following:
"Amend reengrossed bill, page 8, line 11, strike "performance" and substitute "improvement".
Page 9, strike lines 9 through 11 and substitute the following:";
line 17 of the Committee Report, strike "performance" and substitute "improvement".
Page 2 of the Committee Report, strike line 4 and substitute the following:
"Page 14, line 2, strike "performance" and substitute "improvement";
line 3, after "(1)", insert "(a)", and strike "2000-01" and substitute "2001-02";";
line 17 of the Committee Report, change the last period to a semicolon;
strike lines 18 through 26 of the Committee Report and substitute the following:
"line 15, strike "student" and substitute "each student's improvement in performance";
line 16, strike "achievement".
Page 15, strike lines 2 through 26, and substitute the following:
"(b) The department shall calculate an improvement score for each student who was administered a CSAP assessment in the current school year and who attended the same school and was administered a CSAP in the same subject area in an earlier school year. The department shall assign the score as follows:
(I) Student improves from unsatisfactory to advanced.................................3.0
(II) Student improves from partially proficient to advanced........................2.0
(III) Student improves from unsatisfactory to proficient..........................2.0
(IV) Student improves from partially proficient to proficient.................1.0
(V) Student improves from proficient to advanced.....................................1.0
(VI) Student remains in the same category...................................................0.0
(VII) Student declines from advanced to proficient..................................-1.0
(VIII) Student declines from proficient to partially proficient..................-1.0
(IX) Student declines from partially proficient to unsatisfactory..........-1.0
(X) Student declines from advanced to partially proficient.....................-2.0
(XI) Student declines from proficient to unsatisfactory...........................-2.0
(XII) Student declines from advanced to unsatisfactory............................-3.0
(c) The department shall calculate an average improvement score for each school.
(3) Overall academic improvement grade. (a) (I) Starting in the 2001-02 school year, the department shall assign an academic improvement grade to each public school at each school level based on a public school's average improvement score as follows:
(A) An academic improvement grade of "A" shall be assigned to public schools whose average improvement scores are in the highest eight percent of scores received by public schools in the state, including public schools that tie at the lowest eligible score;
(B) An academic improvement grade of "B" shall be assigned to public schools whose average improvement scores are below the highest eight percent and above the lowest sixty-seven percent of scores received by public schools in the state, including schools that tie at the lowest eligible score;
(C) An academic improvement grade of "C" shall be assigned to public schools whose average improvement scores are below the highest thirty-three percent and above the lowest twenty-seven percent of scores received by public schools in the state, including schools that tie at the lowest eligible score;
(D) An academic improvement grade of "D" shall be assigned to public schools whose average improvement scores are below the highest seventy-three percent and above the lowest two percent of scores received by public schools in the state, including schools that tie at the lowest eligible score;
(E) An academic improvement grade of "F" shall be assigned to public schools whose average improvement scores are in the lowest two percent of scores received by public schools in the state.".
Strike pages 16 through 21.
Page 22, strike lines 1 through 7.".
Page 3 of the Committee Report, strike lines 1 through 23.
The amendment was declared lost by the following roll call vote:
YES 27 NO 38 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Vigil moved to amend the Report of the Committee of the Whole to show that Amendment No. 22, by Representative Lee (printed in House Journal page 1020, lines 42-48) to SB00-186, did not pass, and that SB00-186, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 28 NO 37 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn N
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester Y
King N
Larson N
Lawrence N
Lee Y
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel Y
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. N
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Tate moved to amend the Report of the Committee of the Whole to show that the following Tate amendment, to SB00-186, did pass, and that SB00-186, as amended, did pass:
Amend the Education Committee Report, dated March 17, 2000, page 1, strike lines 19 and 20 and substitute the following:
"line 23, strike "The department shall" and substitute "On or before September 1, 2000, the department may";".
The amendment was declared lost by the following roll call vote:
YES 26 NO 39 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson N
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Tate moved to amend the Report of the Committee of the Whole to show that the following Tate amendment, to SB00-186, did pass, and that SB00-186, as amended, did pass.
Amend reengrossed bill, page 55, strike lines 23 through 25 and substitute the following:
"such a school.".
Page 60, line 8, strike "The committee may make";
strike lines 9 and 10.
The amendment was declared lost by the following roll call vote:
YES 26 NO 39 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker N
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb N
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman N
Keller Y
Kester N
King N
Larson Y
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison N
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson N
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker N
Representative Windels moved to amend the Report of the Committee of the Whole to show that Amendment No. 26, by Representative Hefley (printed in House Journal page 1021, lines 20-56, pages 1022-1025, page 1026, lines 1-45) to SB00-186, did not pass, and that SB00-186, as amended, did pass.
The amendment was declared lost by the following roll call vote:
YES 32 NO 33 EXCUSED 0 ABSENT 0
Alexander N
Allen N
Bacon Y
Berry N
Chavez Y
Clapp N
Clarke Y
Coleman Y
Dean N
Decker Y
Fairbank N
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley N
Hoppe N
Johnson N
Kaufman Y
Keller Y
Kester N
King N
Larson Y
Lawrence N
Lee N
Leyba Y
Mace Y
May N
McElhany N
McKay N
McPherson N
Miller Y
Mitchell N
Morrison Y
Nuņez N
Paschall N
Pfiffner N
Plant Y
Ragsdale Y
Saliman Y
Scott N
Sinclair N
Smith N
Spence N
Spradley N
Stengel N
Swenson Y
Takis Y
Tapia Y
Tate Y
Taylor N
Tochtrop Y
Tool N
Tupa Y
Veiga Y
Vigil Y
Webster N
Williams S. Y
Williams T. N
Windels Y
Witwer N
Young N
Zimmerman Y
Mr. Speaker Y
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB00-078, HB00-1393 amended, SB00-186 amended.
The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.
YES 58 NO 7 EXCUSED 0 ABSENT 0
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez N
Clapp Y
Clarke Y
Coleman Y
Dean Y
Decker Y
Fairbank Y
Gagliardi Y
Gordon Y
Gotlieb Y
Grossman Y
Hagedorn Y
Hefley Y
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence Y
Lee Y
Leyba Y
Mace Y
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant Y
Ragsdale Y
Saliman Y
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson Y
Takis N
Tapia Y
Tate Y
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga Y
Vigil Y
Webster Y
Williams S. Y
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman N
Mr. Speaker Y
_______________
REPORTS OF COMMITTEES OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
HB00-1072 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the Finance Committee Report, dated February 16, 2000, page 1, strike lines 2 and 3 and substitute the following:
"Amendment, dated January 31, 2000, page 1, line 17, after "services.", insert the following:
"However, the moneys transferred from sales and use taxes pursuant to the provisions of section 39-26-123 (2) (a) (I) (A.5), C.R.S., shall only be used for one-time purposes and shall not be used in a manner that would create a need for ongoing state funding in fiscal year 2001-02 and subsequent fiscal years.".
Page 2, line 4, after "section 26-11-204 (1) (a)." insert the following:
"Each area agency on aging's area plan shall specifically include an explanation regarding how the moneys transferred from sales and use taxes pursuant to the provisions of section 39-26-123 (2) (a) (I) (A.5), C.R.S., will be used for one-time purposes and shall not be used in a manner that would create a need for ongoing state funding in fiscal year 2001-02 and subsequent fiscal years.";
line 5, strike "Each" and substitute "On or before January 1, 2001, each", and strike "annually";
line 9, strike "Annually," and substitute "On or before February 1, 2001,";
line 17, strike "appropriated thereto by the general" and substitute "transferred";
line 18, strike "assembly".
Page 3, strike lines 1 and 2 and substitute the following:
"July 1, 1997, and for each fiscal year thereafter, except for the fiscal year commencing July 1, 2000, the remaining fifteen percent shall be";
line 8, strike "and for";
line 9, strike "each fiscal year thereafter,";
strike lines 11 through 19 and substitute the following:";
line 11 of the Finance Committee Report, strike "ten" and substitute "three";
line 13 of the Finance Committee Report, strike "ten" and substitute "three";
strike line 14 of the Finance Committee Report and substitute the following:
"the general fund.";
line 24, strike "ten" and substitute "three";
line 25, strike "($10,000,000)," and substitute "($3,000,000),".".
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
HB00-1428 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 13, insert the following:
"(5) this section is repealed, effective July 1, 2004.".______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB00-087
This Report Amends the Rerevised Bill.
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on SB00-087, concerning the elimination of blood testing as an option for drivers under twenty-one years of age to determine blood alcohol levels, has met and reports that it has agreed upon the following:
1. That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:
Amend rerevised bill, page 2, line 2, strike "at" and substitute "at";
line 3, strike "least 0.02" and substitute "least 0.02 in excess of";
line 4, strike "at least 0.02" and substitute "at least 0.02 in excess of";
line 9, strike "0.05" and substitute "required";
line 15, strike "less";
line 16, strike "than" and substitute "not in excess of".
Page 4, line 3, strike "of 0.05 or more" and substitute "in excess of 0.05";
line 5, strike "0.05 or more" and substitute "in excess of 0.05";
line 23, strike "less than" and substitute "not in excess of";
line 26, strike "0.05 or more" and substitute "in excess of 0.05".
Page 5, line 1, strike "0.05 or more" and substitute "in excess of 0.05".
2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:
Amend rerevised bill, page 2, line 26, strike "alcohol," and substitute "alcohol in such person's blood,".
Page 3, line 16, strike "0.02 or more but less than" and substitute "at least 0.02 or more but not in excess of".
Page 4, line 21, strike "vechile" and substitute "vehicle";
line 22, before "0.02", insert "at least".
Page 6, line 4, strike the second "or" and substitute "or,".
Respectfully submitted,
Senate Committee: House Committee:
Mary Ellen Epps Dorothy Gotlieb
John Evans Joe Nuņez
Alice Nichol Frana Mace_______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate has adopted and returns herewith: HJR00-1017.
The Senate has postponed indefinitely and returns herewith: HB00-1205._________
The Senate has passed on Third Reading and returns herewith HB00-1080.
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:
HB00-1024, amended as printed in Senate Journal, March 17, page 656;
HB00-1108, amended as printed in Senate Journal, March 17, pages 657-658;
HB00-1212, amended as printed in Senate Journal, March 17, page 657;
HB00-1276, amended as printed in Senate Journal, March 17, page 656._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, HB00-1024, 1108, 1212, and 1276.______________
MESSAGE FROM THE GOVERNOR
I certify I received the following on the 20th day of March, 2000, at 2:10 p.m. The original is on file in the records of the House of Representatives of the General Assembly.
Judith Rodrigue,