Journal for 03/24/2000

House Journal--80th Day--March 24, 2000

2/24/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Eightieth Legislative Day Friday, March 24, 2000

Prayer by Father Ed Judy, Samaritan House, Denver.

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

The roll was called with the following result:

Present--63.

Excused--Representatives Hagedorn, Veiga--2.

The Speaker declared a quorum present.

_______________

On motion of Representative Kester, the reading of the journal of March 23, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEE OF REFERENCE

STATE, VETERANS AND MILITARY AFFAIRS

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

HB00-1444

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

SB00-119

be referred favorably to the Committee on Appropriations.

SCR00-002

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

______________

PRINTING REPORT

The Chief Clerk reports the following bill has been correctly printed:

HB00-1459.

______________

INTRODUCTION OF BILLS
First Reading

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

SB00-164

by Senator Lamborn; also Representative McElhany--Concerning the Colorado student obligation bond authority.

Committee on State, Veterans, & Military Affairs

SB00-172

by Senator Evans; also Representative Kaufman--Concerning the title setting process for state-wide initiatives, and, in connection therewith, addressing motions for ballot title board hearings.

Committee on State, Veterans, & Military Affairs

SB00-202

by Senator Hillman; also Representative McElhany--Concerning payment of taxes to the division of insurance by an attorney-in-fact acting for the subscribers of interinsurance exchanges.

Committee on Business Affairs & Labor

______________

INTRODUCTION OF RESOLUTIONS

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

HJR00-1018

by Representatives George, Hoppe; also Senator Wattenberg--Concerning opposition to the United States Forest Service Preferred Management Alternative for the White River National Forest.

Committee on Agriculture, Livestock, & Natural Resources

WHEREAS, The White River National Forest, established in 1891, is one of America's largest and oldest national forests, encompassing 2,270,000 acres in western Colorado; and

WHEREAS, The White River National Forest includes public lands within nine Colorado counties - Eagle, Garfield, Gunnison, Mesa, Moffat, Pitkin, Rio Blanco, Routt, and Summit; and

WHEREAS, The White River National Forest, site of the most recreational activity in the Rocky Mountain Region, is the fifth most recreated national forest in the United States, attracting some nine million visitors every year from across America and around the world; and

WHEREAS, The White River National Forest is home to the world famous ski resorts of Vail, Aspen, Copper Mountain, Breckenridge, Keystone, Arapahoe Basin, Beaver Creek, Snowmass, Sunlight, Aspen Highlands, and Buttermilk; and

WHEREAS, In addition to skiing, visitors flock to the White River National Forest to enjoy camping, fishing, hunting, hiking, boating, bicycling, snowmobiling, four-wheeling, and many other recreational activities; and

WHEREAS, Tourism and recreation in the White River National Forest directly supports 34,000 jobs in Colorado, pumps $720 million into the state's economy, and serves as the chief economic driver for numerous communities in western Colorado; and

WHEREAS, The headwaters of six rivers - the Frying Pan, the Roaring Fork, the Crystal, the Eagle, the Blue, and the White - are found within the expansive reaches of the White River National Forest, rivers that serve as critical sources of water for the entire state of Colorado; and

WHEREAS, The White River National Forest contains 750,000 acres that are rightly managed as wilderness under the existing management plan, providing protection where appropriate for biologically sensitive locations that serve as critical habitat for a diverse range of protected species, including the nation's largest herd of elk; and

WHEREAS, The United States Forest Service ("Forest Service") has released a Draft Environmental Impact Statement ("DEIS") containing potential revisions to the White River National Forest's management plan, as the Forest Service is directed to do every 10 to 15 years; and

WHEREAS, The Forest Service established in its DEIS a Preferred Management Alternative that, according to the plan's summary, "represents an aggressive approach to habitat management" and "addresses the idea that a higher priority be given to physical and biological resources than to human uses of the Forest"; and

WHEREAS, The Preferred Management Alternative's enumerated philosophy is a substantial departure from the White River National Forest's historic management, which has balanced reasonable human uses, and recreational uses in particular, with habitat and wildlife management; and

WHEREAS, The Forest Service confers upon itself in the Preferred Management Alternative the spurious right to regulate instream flow of rivers that run through the White River National Forest, thus usurping time-honored Colorado water law and unduly infringing upon existing water rights; and

WHEREAS, The Preferred Management Alternative would substantially inhibit reasonable human uses like fishing, mountain biking, climbing, snowmobiling, and even hiking on Aspen's world-famous Maroon Bells; and

WHEREAS, The Preferred Management Alternative's restrictions threaten the economic vitality of the many western Colorado communities that deeply rely on tourism and recreation in the White River National Forest; and

WHEREAS, A balanced management solution, which the Preferred Management Alternative is not, that would protect the White River National Forest's biodiversity and environmental integrity without usurping Colorado water law, undercutting the economic life-blood of western Colorado, and unduly restricting reasonable recreational uses of the forest has been proposed by Congressman Scott McInnis, representative of Colorado's 3

^rd

congressional district in the United States House of Representatives; now, therefore,

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

(1) That the members of the Sixty-second General Assembly strongly oppose implementation of the Preferred Management Alternative for the White River National Forest and urge the United States Forest Service to adopt Congressman Scott McInnis' suggested revisions to the preferred plan, which balance habitat protection and environmental preservation with the economic needs of western Colorado while allowing reasonable human uses of the forest to continue; and

(2) That the members of the General Assembly strongly oppose any effort by the Forest Service to usurp Colorado water law and existing water rights by illegitimately imposing instream flow restrictions on rivers that run through the White River National Forest.

Be It Further Resolved

, That copies of this Joint Resolution be sent to the President of the United States; the President of the United States Senate; the Speaker of the United States House of Representatives; each member of Colorado's Congressional delegation; the United States Forest Service; the United States Forest Service, Rocky Mountain Region; and the supervisor of the White River National Forest.

_________

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

HJR00-1019

By Representatives Nuñez, Sinclair, and May--Concerning Colorado Military and Veterans Appreciation Day.

WHEREAS, On March 28, 1862, Colorado forces under Colonel Slough defeated Confederate forces at the Battle of Glorieta Pass; and

WHEREAS, To commemorate this significant event in Colorado history, the Department of Military Affairs and the United Veterans Committee is sponsoring a military and veterans event in the Colorado state capitol at "0900 hours" on March 27, 2000; and

WHEREAS, Colorado has a proud and distinguished history of dedicated military service by men and women of the state whose sacrifice, courage, and heroism preserve for past, present, and future generations the liberties and democratic way of life set forth in our state and national constitutions; and

WHEREAS, The state of Colorado significantly benefits from the presence and military service of more than thirty-seven thousand men and women of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, and their Reserves, and the Colorado National Guard and Civil Air Patrol; and

WHEREAS, It is appropriate to recognize that Coloradans in all branches and components of the Armed Services selflessly serve around the world today to protect the security and peace of our nation and others; and

WHEREAS, Colorado is the proud home to and the beneficiary of more than four hundred sixty thousand military veterans who have served their country long and well and bring great honor and distinction to the state; now, therefore,

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

That we, the members of the Colorado General Assembly, extend our heartfelt gratitude to our state's veterans, past and present, and all military men and women currently serving in the Armed Services, and encourage the citizens of Colorado to join in the celebration of Colorado Military and Veterans Appreciation Day on March 27, 2000, in recognition and honor of the thousands of fellow citizens who have served in uniform in order to protect and serve their community, state, and country.

Be It Further Resolved,

That copies of this Resolution be sent to Major General Mason Whitney, the Adjutant General; General Ralph Eberhart, Commander in Chief, U.S. Space Command; Lieutenant General Tad Oelstom, Superintendent, U.S. Air Force Academy; Major General Edward Soriano, Commander, Ft. Carson; Mr. Marvin Meyers, President of the United Veterans Committee; and to members of the congressional delegation representing the state of Colorado in the United States Congress.

______________

CONSIDERATION OF RESOLUTION

HJR00-1011

by Representative Paschall; also Senator Hernandez--Concerning an urgent request for relief on behalf of Hannah Barkat.

(Printed and placed in member's file; also printed in House Journal, March 3, pages 832-834.)

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

adopted

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Allen, Bacon, Berry, Chavez, Clapp, Clarke, Coleman, Dean, Fairbank, Gagliardi, Gordon, Gotlieb, Grossman, Hefley, Hoppe, Johnson, Kaufman, Keller, Kester, Larson, Lawrence, Lee, Mace, May, McElhany, Miller, Mitchell, Nuñez, Pfiffner, Plant, Ragsdale, Scott, Smith, Spradley, Stengel, Tapia, Tate, Taylor, Tochtrop, Tool, Tupa, Windels, Young, Zimmerman, Mr. Speaker.

_______________

THIRD READING OF BILLS--FINAL PASSAGE

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

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.

The question being "Shall the bill pass?".

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

passed

YES 48 NO 15 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay Y

McPherson Y

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale N

Saliman Y

Scott N

Sinclair N

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis N

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Kaufman, Morrison, Mr. Speaker

HB00-1452

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning an increase in the transfer of moneys from the general fund to the capital construction fund.

The question being "Shall the bill pass?".

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

passed

YES 50 NO 13 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson Y

Miller Y

Mitchell N

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair N

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 E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Kaufman, Lawrence, Mr. Speaker

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS

HB00-1047

by Representatives Lawrence, Larson, Veiga; also Senators Phillips, Arnold, Wham--Concerning the extension of certain sunset dates relating to property transactions conducted by the wildlife commission.

(Amended as printed in Senate Journal, March 6, page 486.)

Representative Lawrence moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 60 NO 3 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe N

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

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

repassed

YES 58 NO 5 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe N

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 N

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith N

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor N

Tochtrop Y

Tool N

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Gagliardi

HB00-1138

By Representative Leyba; also Senator Linkhart--Concerning limitations on civil liability of foster care providers for the actions of the foster children in their care.

(Amended as printed in Senate Journal, March 6, page 487-488.)

Representative Leyba moved that the House

not concur

in Senate amendments and that a Conference Committee be appointed with permission to go beyond the scope of the difference between the House and the Senate. The motion was declared

passed

by the following roll call vote:

YES 60 NO 3 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

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 N

Pfiffner N

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 E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The Speaker appointed Representatives Stengel, Chairman, Hefley and Leyba as House conferees to the bill.

HB00-1151

by Representative Gotlieb; also Senator Evans--Concerning the issuance of professional educator licenses to persons holding educator licenses issued by other states.

(Amended as printed in Senate Journal, March 6, page 487.)

Representative Gotlieb moved that the House

not concur

in Senate amendments and that a Conference Committee be appointed. The motion was declared

passed

by the following roll call vote:

YES 62 NO 0 EXCUSED 2 ABSENT 1

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez -

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The Speaker appointed Representatives Gotlieb, Chairman, Allen and Tupa as House conferees to the bill.

HB00-1271

by Representative Mitchell; also Senator Anderson--Concerning the authority of a board of a special district to divide the district into areas, and, in connection therewith, allowing the board to furnish services, programs, and facilities within such areas and to levy taxes upon property within such areas to pay the costs associated with furnishing any services, programs, and facilities within such areas.

(Amended as printed in Senate Journal, March 6, page 489

Representative Mitchell moved that the House

concur

in Senate amend-ments. The motion was declared

passed

by the following roll call vote:

YES 58 NO 5 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon N

Gotlieb Y

Grossman Y

Hagedorn E

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 N

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale N

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. N

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

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

repassed

YES 50 NO 12 EXCUSED 2 ABSENT 1

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez -

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall N

Pfiffner N

Plant Y

Ragsdale N

Saliman Y

Scott N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel N

Swenson N

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. N

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB00-1029

by Representatives Tupa, Alexander, Hefley, Williams S.; also Senators Pascoe, Linkhart, Wham--Concerning eligibility for the Colorado child care assistance program.

(Amended as printed in Senate Journal, March 7, page 530.)

Representative Tupa moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

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

repassed

YES 46 NO 17 EXCUSED 2 ABSENT 0

Alexander Y

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley N

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King N

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace Y

May N

McElhany N

McKay N

McPherson N

Miller Y

Mitchell Y

Morrison Y

Nuñez N

Paschall N

Pfiffner N

Plant Y

Ragsdale Y

Saliman Y

Scott N

Sinclair Y

Smith Y

Spence N

Spradley N

Stengel N

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB00-1283

By Representatives Sinclair, Johnson, Kester, Mace, Ragsdale, Smith, Tapia, and Webster; also Senator Wattenberg--Concerning fire management by certain governmental agencies, and, in connection therewith, modifying a sheriff's authority to control fires, specifying the authority of counties to implement fire management plans, and modifying governmental policies and objectives regarding fire.

(Amended as printed in Senate Journal, March 7, page 531.)

Representative Sinclair moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

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

repassed

YES 54 NO 9 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke Y

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman N

Hagedorn E

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 N

Ragsdale Y

Saliman N

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate N

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer N

Young Y

Zimmerman N

Mr. Speaker Y

HB00-1267

by Representative Johnson; also Senator Hillman--Concerning the administration of the "Pet Animal Care and Facilities Act" by the department of agriculture.

(Amended as printed in Senate Journal, March 10, page 575.)

Representative Johnson moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

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

repassed

YES 60 NO 3 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

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 N

Pfiffner N

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 E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB00-1268

by Representatives McKay, McPherson; also Senators Teck, Congrove--Concerning the assessment of property for property tax purposes.

(Amended as printed in Senate Journal, March 10, pages 577-578

Representative McKay moved that the House

not concur

in Senate amendments and that a Conference Committee be appointed. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

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 E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The Speaker appointed Representatives McKay, Chairman, George and Miller as House conferees to the bill.

HB00-1297

By Representative Morrison; also Senator Epps--Concerning recommendations of the house health, environment, welfare, and institutions committee related to the continuation of requirements for certain reports to the general assembly under title 25 to title 27, Colorado Revised Statutes.

(Amended as printed in Senate Journal, March 10, page 578

Representative Morrison moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

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

repassed

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga E

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Kaufman

On motion of Representative Dean, Consideration of Senate amendments on

HB00-1243, 1040, 1105, 1112, 1180, 1391, 1309, 1024, 1108, 1212, 1185, 1258, 1314, 1078, 1099, 1114, 1186, 1207, 1300, 1416, 1222, 1269, 1313, 1326

was laid over until March 27, retaining place on Calendar.

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB00-186

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 SB00-186, concerning education reform, and making an appropriation therefor, has met and reports that it has agreed upon the following:

1. That the Senate accedes to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 9, line 25, after "

performance

", insert "

and improvement

Page 10, line 13, strike "

bid, but

" and substitute "

bid; except that

Page 14, strike line 19 and substitute the following:

22-7-604. Academic performance - academic improvement - grading - designation and

line 20, strike "(a)";

line 26, strike "(I)" and substitute "(a)".

Page 15, line 1, strike "(II)" and substitute "(b)";

line 2, strike "(III)" and substitute "(c)";

line 3, strike "(IV)" and substitute "(d)" and strike "

Unsatisfactory

" and substitute "

Below average

line 4, strike "(V)" and substitute "(e)";

strike lines 5 through 11;

strike lines 24 and 25 and substitute the following:

"each grade level: Unsatisfactory, partially proficient, proficient, and advanced.

Page 20, strike lines 1 through 12;

line 13, strike "(III)" and substitute "(II)";

line 14, strike "

subparagraphs (I) and (II)

" and substitute "

subparagraph (I)

Page 21, line 3, strike "

subsection (6)

" and substitute "

subsections (6) and (7)

strike lines 24 through 26 and substitute the following:

"(6)

School improvement grade - "C" and below schools.

(a)

Beginning with the 2001-02 school year, the department shall annually assign a letter grade for academic improvement to each public school that in the immediately preceding school year received an academic performance grade of "C" or below as calculated pursuant to subsection (5) of this section. The academic improvement grades shall correspond to the categories described in subsection (1) of this section. The academic improvement grade shall be based upon the change in the school's standardized, weighted total score calculated pursuant to subsection (5) of this section.

(b)

For each public school described in paragraph

(a)

of this subsection (6), the department shall assign an academic improvement grade as follows:

(I)

An academic improvement grade of "A" shall be assigned to each such public school that shows an improvement of 0.5 of a point or greater from the standard deviation over the immediately preceding year's standardized, weighted total score;

(II)

An academic improvement grade of "B" shall be assigned to each such public school that shows an improvement of less than 0.5 of a point but 0.3 of a point or greater from the standard deviation over the immediately preceding year's standardized, weighted total score;

(III)

An academic improvement grade of "C" shall be assigned to each such public school that shows an improvement of less than 0.3 of a point from the standard deviation over the immediately preceding year's standardized, weighted total score or that show a decline of less than -0.3 of a point from the standard deviation over the immediately preceding year's standardized, weighted total score;

(IV)

An academic improvement grade of "D" shall be assigned to each such public school that shows a decline of -0.3 of a point or more but less than -0.5 of a point from the standard deviation over the immediately preceding year's standardized, weighted total score; and

(V)

An academic improvement grade of "F" shall be assigned to each such public school that shows a decline of -0.5 of a point or more from the standard deviation over the immediately preceding year's standardized, weighted total score.

(7)

School improvement designation - "A" and "B" schools - determination.

(a)

Beginning with the 2001-02 school year, the department shall annually designate the improvement of each public school that received an academic performance grade of "A" or "B", calculated pursuant to subsection (5) of this section. The designations shall be "significant improvement in school performance", "decline in school performance", or "significant decline in school performance". Each such public school shall be assigned such designation based on its CSAP-area standardized, weighted total score calculated pursuant to subsection (5) of this section.

(b)

The department shall assign designations for each public school described in paragraph

(a)

of this subsection (7) according to its demonstration of the following:

(I)

A school improvement designation of "significant improvement in school performance" shall be assigned to each such public school that shows an improvement of 0.5 of a point or greater from the standard deviation over the immediately preceding year's standardized, weighted total score;

(II)

A school improvement designation of "decline in school performance" shall be assigned to each such public school that shows a decline of -0.3 of a point or more but less than -0.5 of a point from the standard deviation over the immediately preceding year's standardized, weighted total score; and

(III)

A school improvement designation of "significant decline in school performance" shall be assigned to each such public school that shows a decline of -0.5 or more of a point from the standard deviation over the immediately preceding year's standardized, weighted total score.

Strike page 22.

Page 23, strike lines 1 through 21;

strike lines 25 and 26.

Page 24, strike lines 1 through 24.

Page 28, line 3, after "

Grades.

", insert "(I)";

strike lines 8 through 18 and substitute the following:

"(II) (A)

If the school received an overall academic performance grade of "C", "D", or "F" for the immediately preceding school year, immediately below the words "Overall Academic Performance" shall appear in smaller type "Academic Improvement: [letter grade calculated pursuant to section 22-7-604 (6)]". The letter grade shall be in the same size type as the words "Academic Improvement".

(B) If the school received an overall academic performance grade of "A" or "B" for the immediately preceding school year and qualified for a designation pursuant to section 22-7-604 (7), immediately below the words "Overall Academic Performance" shall appear in smaller type "Academic Improvement: [designation pursuant to section 22-7-604 (7)]

(C)

If the school qualifies for an award pursuant to part 3 of article 11 of this title, immediately below the words "Overall Academic Performance" or, if applicable, "Academic Improvement" shall appear the words:"Winner of a John Irwin School of Excellence Award for the [year - year] school year." or "Winner of a Governor's Distinguished Improvement Award for the [year - year] school year.", whichever is appropriate.

strike lines 21 through 25 and substitute the following:

to nearby [school level] Schools". Below this

Page 30, line 19, strike "

records

" and substitute "

record

strike line 20 and substitute the following:

school year is:

".".

Page 38, line 19, strike "

have been

" and substitute "

enrolled

line 20, strike "

for fewer than ninety days.

" and substitute "

after October 1 of this school year.

Page 45, line 8, strike "

bid, but

" and substitute "

bid; except that

Page 46, line 9, strike "

bid, but

" and substitute "

bid; except that

line 18, strike "

bid, but

" and substitute "

bid; except that

Page 49, line 20, after "

progress

;", insert "

strike lines 21 through 26.

Page 50, strike line 1.

Reletter succeeding paragraph accordingly.

Page 50, strike lines 19 through 22 and substitute the following:

"(2)

On or before June 15, 2001, and on or before each June 15 thereafter, the state board shall notify a local board of education what school, if any, in its district will receive an academic performance grade of "F", pursuant to section 22-7-604 (5), on the school report card being prepared for that academic year. The state board shall notify the local board of education that

Page 52, strike lines 11 through 26 and substitute the following:

"(5) (a)

If, upon completion of the first school year of operation under a school improvement plan pursuant to this section, a public school receives an overall academic performance grade of "F" pursuant to section 22-7-604 (5), the state board shall proceed with the recommendation for the conversion to an independent charter school pursuant to part 3 of article 30.5 of this title; except that the state board shall not proceed with the recommendation if the public school had an improvement of 0.5 of a point or greater from the standard deviation over the immediately preceding year’s overall standardized, weighted total score pursuant to 22-7-604 (6), and the school district shall be allowed to continue to operate that school under the school improvement plan for another year.

(b)

if, upon completion of the second school year of operation under a school improvement plan pursuant to this section, a public school receives an overall academic performance grade of "F" pursuant to section 22-7-604 (5), the state board shall proceed with the recommendation for the conversion to an independent charter school pursuant to part 3 of article 30.5 of this title.

Page 53, strike lines 1 through 8;

line 15, strike "(a)";

strike lines 18 through 26 and substitute the following:

of each public school within the school district that is eligible for a monetary award pursuant to part 3 of article 11 of this title.

Page 54, strike lines 1 through 8.

Page 59, line 1, strike "

because a local

" and substitute "

pursuant to the provisions of section 22-7-609 (5),";

strike lines 2 through 6;

line 7, strike "22-7-604,".

Page 61, strike lines 9 through 12.

Renumber succeeding subparagraphs accordingly.

Page 65, line 24, after "(3)", insert "(a)".

Page 66, line 3, strike "(a)" and substitute "(b)";

line 6, strike "

better or and does not

" and substitute "

better,

strike lines 7 and 8 and substitute the following:

the local board of education and the applicant may jointly agree to allow the school to

line 9, strike "

school

." and substitute "

board of education.

Page 69, line 26, after "

year

", insert "

and

Page 70, line 2, strike "

garde

" and substitute "

grade

strike lines 5 through 10 and substitute the following:

"22-33-104 (4).".

Page 74, line 26, strike "

one-half

" and substitute "

one-third

Page 75, line 15, strike "

one-half

" and substitute "

two-thirds

line 19, strike "

whose overall

" and substitute "

that received an academic improvement grade of "A", pursuant to section 22-7-604 (6).

strike lines 20 through 22.

Page 76, line 3, strike "

subsection (3)

," and substitute "

paragraph

(c),";

strike lines 6 through 8 and substitute the following:

the previous school year and the school must not have received

line 9, strike "(a)" and substitute "(b)".

Page 80, strike lines 11 through 15 and substitute the following:

performance on each assessment, including but not limited to content-based sub-test scores for several components of each of the standards assessed pursuant to this section.

line 17, after "

data

", insert "

of individual students

Page 81, line 14, strike "

section

." and substitute "

section; except that the students described in sub-subparagraph (A) of this subparagraph (I) shall be required only to take the assessments required by said sub-subparagraph.

strike lines 19 through 24 and substitute the following:

"(A)

Any student who is eligible for the state's alternative assessment for students with disabilities as stated in the student's individual education program pursuant to section 22-20-108; except that the results of any alternative assessment shall be reported to the department;

Page 82, line 6, after "

used

", insert "

for calculating academic performance and improvement grades and for accreditation purposes

line 9, after "

used

", insert "

for calculating academic performance and improvement grades and for accreditation purposes

after line 11, insert the following:

"(II)

Any student with a disability who is not eligible for the state's alternative assessment but who has an individual educational program pursuant to section 22-20-108 shall be assessed in each CSAP area at the appropriate grade level, as determined by the student's individual educational program. To the extent applicable for the public school's school level, as defined in section 22-7-602, the scores of assessments administered pursuant to this subparagraph (II) shall be used at the grade level specified in the student's individual education plan for purposes of calculating academic performance and improvement grades pursuant to section 22-7-604 and for accreditation pursuant to article 11 of this title.

Renumber succeeding subparagraph accordingly.

Page 82, strike lines 16 through 18.

Page 87, line 17, strike "(5)" and substitute "(4)".

Page 89, line 11, strike "(5)" and substitute "(4)";

line 17, strike "(6)" and substitute "(5)".

Page 97, strike lines 18 through 21 and substitute the following:

"children.

School officials shall receive prior written approval from a parent or guardian before his or her child may participate in any program discussing or teaching sexuality and human reproduction. Parents must receive, with the written permission slip, an overview of the topics and materials to be presented in the curriculum.

Page 98, strike lines 8 through 26.

Strike pages 99 through 108.

Page 109, strike lines 1 through 15.

Renumber succeeding sections accordingly.

Page 109, line 25, after "

and

", insert "

the

" and after "

representatives

", insert "

and to the governor

Page 114, line 20, strike "seventy-seven thousand six hundred" and substitute "eighteen thousand nine hundred seventy-three dollars ($5,518,973)";

line 21, strike "twelve dollars ($5,577,612)".

2. That, under the power granted the committee to consider matters not at issue between the two houses, the following amendment is recommended:

Amend rerevised bill, page 7, line 23, after "

performance

", insert "

and improvement

Page 10, line 4, strike "

that

" and substitute "

the

Page 15, line 14, after "

achievement

", insert "

and improvement

Page 17, strike lines 10 through 14 and substitute the following:

"for each academic area. The average shall be weighted to control for differences in school size and differences in the number of students with valid scores across grade levels. The number of students with valid scores at a grade level within an academic area, will be multiplied by the standardized, weighted total for that academic area and grade level. This product will be summed with all other products for grade levels within this academic area and divided by the sum of the number of students with valid scores across all grade levels within this academic area. The resulting weighted average, rounded to two decimal places, is the CSAP-area standardized, weighted total score for the public school.

strike lines 22 through 25 and substitute the following:

assessed students.

Page 18, line 9, strike "

deviation

" and substitute "

normal distribution

line 12, strike "

weight and

strike lines 15 through 20 and substitute the following:

"school, shall average its CSAP-area standardized, weighted total score calculated pursuant to subsection (3) of this section and its standardized mean scores for the same academic area calculated pursuant to subsection (4) of this section. The average shall be weighted to control for differences in school size and differences in the number of students with valid scores across academic areas. The number of students with valid scores within an academic area will be multiplied by the CSAP-area or curriculum-based, achievement college entrance exam standard mean score for that academic area. This product will be summed with all other products for academic areas and divided by the sum of the number of students with valid scores across all academic areas. The department shall use the resulting overall standardized, weighted total score to assign an academic performance grade to each public school.

Page 21, strike line 4 and substitute the following:

section. In February, 2005, and in February every";

line 7, after "

representatives

", insert "

and to the governor

line 13, after "

representatives

", insert "

and the governor

Page 25, line 8, strike "

Unless specified in statute,

" and substitute "

On or before September 1, 2000,

line 9, strike "

define

" and substitute "

define, consistent with the provisions of this part 6,

Page 27, strike lines 10 and 11;

line 12, strike "(B)" and substitute "(A)";

line 13, strike "

and

line 14, strike "(C)" and substitute "(B)";

strike line 15 and substitute the following:

"section; and

(C)

"About our Staff", as described in subsection (6) of this section.

Page 28, line 26, strike "

schools

" and substitute "

schools, whether public or private,

Page 29, line 2, strike "

school.

" and substitute "

school and that received a report card pursuant to this part 6; except that no school shall be listed if it is located more than seventy-five miles from the subject public school.

Page 31, line 20, strike "

five

" and substitute "

six

Page 32, after line 24, insert the following:

"(e)

Letter grade key. Directly below the information contained in paragraph

(d)

of this subsection (5) shall appear a chart containing the following lines:

(I) "Key: A

cademic Performance Letter Grades:

(II)

"A = Excellent Academic Performance;

(III)

"B = Above Average Academic Performance;

(IV)

"C = Average Academic Performance;

(V)

"D = Below Average Academic Performance;"; and

(VI)

"F = Failing Academic Performance.

".".

Page 34, line 24, strike "

shall be teachers defined as

" and substitute "

shall describe teachers who have obtained nonprobationary status pursuant to the provisions of part 2 of article 63 of this title;

strike line 25.

Page 35, line 1, strike "

be teachers with a

" and substitute "

reflect teachers who have not obtained nonprobationary status pursuant to the provisions of part 2 of article 63 of this title;

strike lines 2 and 3.

Page 39, strike lines 4 and 5 and substitute the following:

comparing this school to all other [school level] schools for the

line 7, strike "

line 11, strike "22-7-409" and substitute "22-7-604 (5)";

strike lines 12 through 26 and substitute the following:

"(8)

School history.

(a)

The report card shall contain a page clearly marked in large font as the "School History" page. Below the title "School History" shall appear the words "Overall Academic Performance" followed by the grades received by the school pursuant to section 22-7-604 (5) in the current year, the immediately preceding year, and the year before the immediately preceding year. The three grades shall form three columns. The columns shall be labeled by the appropriate school year.

(b)

If the public school has received in the current year or the two preceding years a grade for school improvement pursuant to section 22-7-604 (6), there shall appear a second row entitled "School Improvement". The words "School Improvement" shall be followed by the grade the public school received pursuant to section 22-7-604 (6), when applicable, in the current year, the immediately preceding year, and the year before the immediately preceding year.

(c)

If the public school received a designation in the current year pursuant to section 22-7-604 (7), then immediately below the one or two rows described in paragraphs

(a)

and

(b)

of this subsection (8), whichever is applicable, the following words shall appear: "During the [current school year] [name of school] was noted for ["Improvement in School Performance", "Decline in School Performance", or "Significant Decline in School Performance", whichever is applicable pursuant to section 22-7-604 (7)].

(d)

Directly below the information contained in paragraphs

(a)

(c)

of this subsection (8) shall appear a paragraph in small point size that states: "A school that received a grade of "C", "D", or "F" for academic performance is graded for school improvement from the previous year. A school that received a grade of "A" or "B" for academic performance may be designated for improvement or decline in performance if its overall academic performance improves or declines notably. Each

Page 40, strike lines 1 through18;

line 22, strike "(V)" and substitute "(e)" and strike "

subparagraph (III) of

" and substitute "

paragraph

(d)

of this subsection (8)

line 23, strike "

this paragraph

(b)".

Page 42, line 20, strike "

hand

Page 44, line 8, strike "(7)" and substitute "(9)".

Page 47, strike line 1, and substitute the following:

limited to:

line 2, strike "

The

" and substitute "

Whether the

strike lines 4 through 7 and substitute the following:

"(II)

Data on safety incidents involving students;

Renumber succeeding subparagraphs accordingly.

Page 47, line 8, strike "

The

" and substitute "

Whether the"

;

line 10, strike "

The

" and substitute "

Whether the

line 12, strike "

The

" and substitute "

Whether the

Page 48, line 22, strike "

at the same

line 23, strike "

school level

Page 50, line 2, strike "

action appropriate

" and substitute "

appropriate action, including increased funding from the state or school district,

Page 51, line 22, strike "

dollars,

" and substitute "

I moneys

Page 52, line 8, after "

title

", insert "

Page 54, line 23, after "

", insert "

part 6 of article 7 of this title or

" and strike "22-7-603,";

line 24, strike "22-7-606,".

Page 58, line 1, after the second "

", insert "

nonprofit or for-profit

strike line 2 and substitute the following:

public school, a school district, or an institution of higher education.

line 26, after "

recommend

", insert "

conversion of a public school to

Page 59, strike line 16 and substitute the following:

persons, nonprofit or for-profit companies, existing public schools or school districts, and institutions of higher education,

Page 63, strike line 26 and substitute the following:

section 22-7-604; and

Page 64, strike lines 1 and 2;

line 5, strike "

commissioner

" and substitute "

chair of the review committee

Page 67, line 6, strike "22-30.5-304 (2)," and substitute "22-30.5-303 (2),".

Page 72, line 22, strike "22-4-604;" and substitute "22-7-604;".

Page 78, line 15, strike "science" and substitute the following:

"science.

The department shall administer the English versions of the state assessments and may administer any assessments adopted by the board in languages other than English, as may be appropriate for students whose dominant language is not English; except that any student who has participated in the English language proficiency program, created pursuant to section 22-24-104, for more than a total of three school years shall be ineligible to take the assessments in a language other than English. The statewide assessments shall be administered

Page 84, strike line 23 and substitute the following:

SECTION 15.

22-7-102 (1), the introductory portion to 22-7-102 (2), and";

line 24, strike "22-7-102, (1), (2) (d)," and substitute "22-7-102 (2) (d)".

Page 86, strike line 4 and substitute the following:

"OF THE FOLLOWING NEW SUBSECTIONS, to read:";

line 8, strike "The" and substitute "

Except as provided in subsection (4) of this section

, the";

strike line 9 and substitute the following:

"shall appoint

~~an advisory~~

or create a process for the election of a school district

line 16, strike "advisory" and substitute "

~~advisory~~

school district

after line 24, insert the following:

"(4)

Any school district that demonstrates that, prior to January 1, 2000, the school district had in place a committee or council that performed at least the duties specified for a school district accountability committee in this section and section 22-7-105 is not required to appoint or elect a school district accountability committee pursuant to subsection (1) of this section.

Page 88, line 23, strike "(3)" and substitute "(2)".

Page 89, line 4, strike "(4)" and substitute "(3)".

Page 93, line 15, strike "

section.

" and substitute "

subsection

(3).".

Page 97, line 23, after "and", insert "22-25-104.5".

Page 114, after line 5, insert the following:

SECTION 33.

22-2-117 (1) (b), Colorado Revised Statutes, as repealed and reenacted in House Bill 00-1040, enacted in the Second Regular Session of the Sixty-second General Assembly, is amended to read:

22-2-117. Additional power - state board - waiver of requirements - rules.

(1) (b) The state board shall not waive any of the requirements specified in any of the following statutory provisions:

(I) The "Public School Finance Act of 1994", article 54 of this title;

(II) The "Exceptional Children's Educational Act", article 20 of this title;

(III)

Any provision of part 6 of article 7 of this title pertaining to the data necessary for school report cards.

Renumber succeeding sections accordingly.

Page 114, after line 24, insert the following:

SECTION 35. Effective date.

This act shall take effect upon passage; except that section 33 of this act shall take effect on the same date that House Bill 00-1040, enacted in the Second Regular Session of the Sixty-second General Assembly takes effect and only if House Bill 00-1040 becomes law.".

Renumber succeeding section accordingly.

Respectfully submitted,

Senate Committee: House Committee:

Norma Anderson Debbie Allen

Ronald J. Teck Doug Dean

Robert M. Hernandez Frana Mace

______________

CONSIDERATION OF CONFERENCE COMMITTEE REPORT

SB00-186

by Senator Anderson; also Representative Allen--Concerning education reform, and making an appropriation therefor.

(Conference Committee Report printed in House Journal, March 24, pages 1096-1108.)

Representaive Dean moved to suspend the rules for immediate consideration of the Conference Committee report on SB00-186. The motion was declared

passed

viva voce

vote.

Representative Allen moved that the Conference Committee Report be adopted.

A substitute motion by Representative Berry, that the House reject the Conference Committee Report, discharge the First Conference Committee, and that a Second Conference Committee be appointed, was declared

lost

by the following roll call vote:

YES 27 NO 36 EXCUSED 2 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry Y

Chavez N

Clapp N

Clarke Y

Coleman N

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn E

Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King Y

Larson Y

Lawrence Y

Lee N

Leyba Y

Mace N

May N

McElhany N

McKay N

McPherson Y

Miller Y

Mitchell N

Morrison Y

Nuñez 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 Y

Tupa Y

Veiga E

Vigil N

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

Representative Gordon moved that SB00-186 be laid over until March 29.

Pursuant to House Rule 16, Representative Dean moved "Shall the main question be now put?" The motion was declared

passed

by the following roll call vote:

YES 33 NO 30 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry N

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn E

Hefley Y

Hoppe Y

Johnson N

Kaufman N

Keller N

Kester Y

King Y

Larson Y

Lawrence N

Lee Y

Leyba N

Mace Y

May N

McElhany Y

McKay Y

McPherson N

Miller N

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Scott Y

Sinclair N

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson N

Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga E

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Representative Gordon's motion to lay SB00-186 over until March 29 was declared

lost

by the following roll call vote:

YES 23 NO 40 EXCUSED 2 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 E

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

Nuñez 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 E

Vigil Y

Webster N

Williams S. Y

Williams T. N

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

Representative Allen renewed her motion that the Conference Committee Report on SB00-186 be

adopted

Pursuant to House Rule 16, Representative McElhany moved "Shall the main question be now put?" The motion was declared

passed

by the following roll call vote:

YES 34 NO 29 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry N

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn E

Hefley Y

Hoppe Y

Johnson N

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 N

Miller N

Mitchell Y

Morrison N

Nuñez Y

Paschall Y

Pfiffner N

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 E

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Representative Allen's motion to adopt the Conference Committee report on SB00-186 was declared

passed

by the following roll call vote:

YES 36 NO 27 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon N

Berry N

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson N

Lawrence N

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson N

Miller N

Mitchell Y

Morrison N

Nuñez 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 Y

Tate N

Taylor Y

Tochtrop N

Tool N

Tupa N

Veiga E

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

The question being "Shall the bill, as amended, pass?".

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

repassed

YES 40 NO 23 EXCUSED 2 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 Y

Grossman N

Hagedorn E

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller N

Mitchell Y

Morrison N

Nuñez 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 Y

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga E

Vigil N

Webster Y

Williams S. N

Williams T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Clapp, Gotlieb, Sinclair, Stengel

________________

IMMEDIATE RECONSIDERATION OF SB00-186

Having voted on the prevailing side, Representative Dean moved for immediate reconsideration of SB00-186. As shown by the following recorded vote less than a two-thirds majority of those elected to the House voted in the affirmative and the motion was declared

lost

YES 24 NO 38 EXCUSED 3 ABSENT 0

Alexander N

Allen N

Bacon Y

Berry Y

Chavez Y

Clapp N

Clarke Y

Coleman Y

Dean N

Decker N

Fairbank N

Gagliardi Y

Gordon Y

Gotlieb N

Grossman Y

Hagedorn E

Hefley N

Hoppe N

Johnson N

Kaufman N

Keller Y

Kester N

King N

Larson Y

Lawrence N

Lee N

Leyba Y

Mace N

May N

McElhany N

McKay N

McPherson N

Miller Y

Mitchell N

Morrison N

Nuñez 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 E

Vigil Y

Webster N

Williams S. Y

Williams T. E

Windels Y

Witwer N

Young N

Zimmerman Y

Mr. Speaker N

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed:

HB00-1080, 1139, 1148, 1264, 1304.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has passed on Third Reading and returns herewith HB00-1057, 1122, 1234, and 1291.

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

SB00-141, amended as printed in Senate Journal, March 23, page 717;

SB00-178, amended as printed in Senate Journal, February 22, pages 377-378, and March 23, pages 717-718;

HB00-1001, amended as printed in Senate Journal, March 23, page 719;

HB00-1056, amended as printed in Senate Journal, March 23, page 718;

HB00-1095, amended as printed in Senate Journal, March 23, pages 715-716;

HB00-1096, amended as printed in Senate Journal, March 23, page 717;

HB00-1284, amended as printed in Senate Journal, March 23, page 717;

HB00-1319, amended as printed in Senate Journal, March 23, page 716;

HB00-1333, amended as printed in Senate Journal, March 23, page 718;

HB00-1347, amended as printed in Senate Journal, March 23, page 720;

HB00-1352, amended as printed in Senate Journal, March 23, page 719.

_______________

MESSAGE FROM THE REVISOR

We herewith transmit without comment, as amended, SB00-141, 178, HB00-1001, 1056, 1095, 1096, 1284, 1319, 1333, 1347, and 1352.

______________

INTRODUCTION OF BILLS
First Reading

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

HB00-1460

By Representatives Hoppe, Alexander, Gotlieb, Hefley, Johnson, Kester, Miller, Mitchell, Smith, Taylor, Webster, Williams T., and Young; also Senator Hillman--Concerning divisions within the department of natural resources pertaining to the conservation of native vegetation.

Committee on Agriculture, Livestock, & Natural Resources

SB00-141

by Senator Wham; also Representative Lawrence--Concerning enforcement authority of the state capitol building advisory committee over objects placed at the state capitol.

Committee on Judiciary

SB00-178

by Senators Teck, Evans, Hillman; also Representative Spence--Concerning teachers in public schools.

Committee on Education

______________

NOTICE OF INTENT TO RECONSIDER HB00-1267

Having voted on the prevailing side, Representative Grossman served notice of intent to reconsider the last House action (repassage) on HB00-1267.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until March 27, retaining place on Calendar:

Consideration of General Orders--

SB00-103, 171, HB00-1125, 1246, SB00-160, HB00-1033, 1042, 1053, 1178, 1380, SB00-057, 068, 069, 106, 144, HB00-1426, SB00-189, 024, HB00-1076, 1331, 1067, SB00-195, 191, 012, 176, 065, 088, HB00-1261, 1433, 1435, SB00-003, 145, 154, HB00-1434, 1072, SB00-120

Consideration of Conference Committee Report--

SB00-087

Consideration of Resolutions--

HJR00-1008, SJR00-005, HJR00-1012, 1007, HR00-1011, 1012, HJR00-1014, 1016

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., March 27, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: