3/20/100
3:25 PM HOUSE JOURNALSIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session
One Hundred-sixth Legislative Day Wednesday, April 19, 2000
Prayer by Representative Steve Tool.
The Speaker called the House to order at 9:00 a.m.
The roll was called with the following result:
Present--63.
Excused--Representative Hefley--1.
Absent--Representative Tupa--1.
Present after roll call--Representative Tupa.
The Speaker declared a quorum present._______________
On motion of Representative McKay, the reading of the journal of April 18, 2000, was dispensed with and approved as corrected by the Chief Clerk._______________
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.
HB00-1473 by Representative McPherson; also Senator Lamborn--Concerning property tax assessments involving public utilities.
The question being "Shall the bill pass?".
A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative and the bill was declared passed.
YES 63 NO 0 EXCUSED 1 ABSENT 1
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 E
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 -
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
Co-sponsor added: Representative Vigil.
HB00-1470 by Representative McPherson; also Senator Lacy--Concerning the modification of the manner in which the gross receipts derived from pari-mutuel wagering on greyhound racing are allocated, and, in connection therewith, reducing the tax imposed on such gross receipts from four and one-half percent to three quarters of one percent, increasing the percentage of such gross receipts that is allocated as purses from five percent to six percent and allocating one quarter of one percent of such gross receipts to pay prize awards under a newly created greyhound winners' award program.
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 43 NO 20 EXCUSED 1 ABSENT 1
Alexander Y
Allen Y
Bacon N
Berry Y
Chavez N
Clapp Y
Clarke N
Coleman N
Dean Y
Decker Y
Fairbank Y
Gagliardi N
Gordon N
Gotlieb Y
Grossman N
Hagedorn N
Hefley E
Hoppe Y
Johnson Y
Kaufman Y
Keller Y
Kester Y
King Y
Larson Y
Lawrence N
Lee Y
Leyba N
Mace N
May Y
McElhany Y
McKay Y
McPherson Y
Miller Y
Mitchell Y
Morrison Y
Nuņez Y
Paschall Y
Pfiffner Y
Plant N
Ragsdale Y
Saliman N
Scott Y
Sinclair Y
Smith Y
Spence Y
Spradley Y
Stengel Y
Swenson N
Takis Y
Tapia -
Tate N
Taylor Y
Tochtrop N
Tool Y
Tupa N
Veiga N
Vigil Y
Webster Y
Williams S. N
Williams T. Y
Windels N
Witwer Y
Young Y
Zimmerman Y
Mr. Speaker Y
Co-sponsors added: Representatives Ragsdale, Taylor, Vigil, Mr. Speaker.
______________
CONSENT GRANTED TO CONFERENCE COMMITTEE
Representative McPherson moved that the First Conference Committee on SB00-154 be granted permission to go beyond the scope of the difference between the House and the Senate. The motion was passed by the following roll call vote:
YES 63 NO 0 EXCUSED 1 ABSENT 1
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 E
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 -
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
_______________
House in recess. House reconvened.
_______________
REPORTS OF COMMITTEES OF REFERENCE
JUDICIARY
After consideration on the merits, the Committee recommends the following:
HB00-1477 be postponed indefinitely.
HB00-1480 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, after line 15, insert the following:
“(iv) Ownership of surface or mineral rights does not of itself disqualify a person from serving on the commission.”.
HCR00-1003 be postponed indefinitely.
SCR00-006 be postponed indefinitely.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
HCR00-1004 be postponed indefinitely.
SCR00-005 be amended as follows, and so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed concurrent resolution, page 8, after line 6, insert the following:
"Section 2 of article XX of the constitution of the state of Colorado is amended to read:
Section 2. Officers. The officers of the city and county of Denver shall be such as by appointment or election may be provided for by the charter; and the jurisdiction, term of office, duties and qualifications of all such officers shall be such as in the charter may be provided; but the charter shall designate the officers who shall, respectively, perform the acts and duties required of county officers to be done by the constitution or by the general law, as far as applicable. If any officer of said city and county of Denver shall receive any compensation whatever, he or she shall receive the same as a stated salary, the amount of which shall be fixed by the charter, or, in the case of officers not in the classified civil service, by ordinance within limits fixed by the charter; and paid out of the treasury of the city and county of Denver in equal monthly payments; provided, however, no elected officer shall receive any increase or decrease in compensation under any ordinance passed during the term for which he was elected."._______________
PRINTING REPORT
The Chief Clerk reports the following bills have been correctly printed:
HB00-1490, 1491._______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: SB00-087._______________
MESSAGE FROM THE SENATE
Mr. Speaker:
In response to the request of the House for a Conference Committee on
HB00-1208, the President appointed Senators Teck, Chm., Hillman, and Nichol as members of the First Conference Committee on the part of the Senate._______________
House in recess. House reconvened.
_______________
REPORTS OF COMMITTEES OF REFERENCE
AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES
After consideration on the merits, the Committee recommends the following:
HB00-1483 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 3, strike lines 21 and 22 and substitute the following:
"committee on or before January 1, 2001, and the plan shall be implemented by March 1, 2001.".
HB00-1484 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend printed bill, page 1, line 4, after "(1.4)", insert "(a) (I)".
Strike page 2 and substitute the following:
"Fees
Resident Nonresident
(a) (A) Extra rod stamp $ 4.00 $ 4.00
(b) (B) Fishing - 1 day 5.00 5.00 10.00
(c) (C) Fishing - 5 days 10.00 18.00 18.00 22.00
(d) (D) Fishing - annual 15.00 20.00 40.00 44.00
(e) (E) Senior annual fishing 7.50 10.00 Not available
(f) (F) Small game hunting 10.00 15.00 40.00
(g) (G) Small game - 1 day 5.00 5.00 10.00
(h) (H) Furbearer license 20.00 200.00
(i) (Deleted by amendment, L. 94, p. 1320, § 3, effective May 22, 1994.)
(j) (I) Turkey 10.00 75.00
(k) (J) Combination fishing and
small game hunting 20.00 30.00 Not available
(l) (K) Antelope 20.00 150.00 245.00
(m) (L) Bear, fall 30.00 250.00
(n) Repealed.
(o) (M) Deer 20.00 150.00 225.00
(p) (N) Elk 30.00 250.00 415.00
(q) (O) Mountain goat 150.00 750.00 1,125.00
(r) (P) Moose 200.00 1,000.00 1,025.00
(s) (Q) Mountain lion 30.00 250.00
(t) (R) Rocky mountain bighorn
sheep 150.00 750.00 1,255.00
(u) (S) Desert bighorn sheep 200.00 1,000.00
(v) (I) (T) Resident low-income
senior lifetime fishing 2.00 Not available
(II) (Deleted by amendment, L. 97, p. 766, § 1, effective May 1, 1997.)
(w) (U) Youth big
game (deer, elk, antelope) 10.00 each 75.00 each
(x) (V) Combination youth
small game hunting,
furbearer, and fishing 1.00 1.00
(II) This paragraph (a) is repealed, effective January 1, 2002.
(b) Effective January 1, 2002, the division is authorized to issue the following resident and nonresident licenses and shall collect the following fees therefor, except as otherwise provided pursuant to subsection (1.6) of this section:
Fees
Resident Nonresident
(I) Extra rod stamp $ 4.00 $ 4.00
(II) Fishing - 1 day 9.00 10.00
(III) Fishing - 5 days 18.00 22.00
(IV) Fishing - annual 24.00 44.00
(V) Senior annual fishing 10.00 Not available
(VI) Small game hunting 15.00 40.00
(VII) Small game - 1 day 5.00 10.00
(VIII) Furbearer license 20.00 200.00
(IX) Turkey 10.00 75.00
(X) Combination fishing and
small game hunting 34.00 Not available
(XI) Antelope 30.00 245.00
(XII) Bear, fall 30.00 250.00
(XIII) Deer 30.00 225.00
(XIV) Elk 50.00 415.00
(XV) Mountain goat 150.00 1,125.00
(XVI) Moose 200.00 1,025.00
(XVII) Mountain lion 30.00 250.00
(XVIII) Rocky mountain
bighorn sheep 150.00 1,255.00
(XIX) Desert bighorn sheep 200.00 1,000.00
(XX) Resident low-income
senior lifetime fishing 2.00 Not available
(XXI) Youth big game (deer,
elk, antelope) 10.00 each 75.00 each
(XXII) Combination youth
small same hunting, furbearer,
and fishing 1.00 1.00".
Page 3, strike lines 1 through 8;
after line 19, insert the following:
"SECTION 2. 33-1-102 (27.5), Colorado Revised Statutes, is amended to read:
33-1-102. Definitions. As used in this title, unless the context otherwise requires:
(27.5) "Low-income senior" refers to an individual sixty-four years of age or older who shows proof of such fact to the division or license agent and who shows proof to the division or license agent in the form of a federal or state income tax return from the immediately preceding calendar year that the federal taxable income of any such individual is at or below one hundred percent of the official poverty line for an individual or a family, as appropriate to the applicant, defined by the federal office of management and budget based on federal bureau of the census data. If said tax return is not available, a return for the year immediately preceding such year shall suffice. The division shall, for purposes of this subsection (27.5), inform license agents of the most current official poverty line in effect. If a person's income is at a level where such person is not required to file an income tax return, such individual shall sign a statement under penalty of perjury in the second degree to such effect, which statement shall be prescribed by the division and kept as required by the division with the record of sale of any license pursuant to section 33-4-102 (1.4). (v). No such affidavit shall be required to be notarized.
SECTION 3. 33-4-117 (1), (2), and (4), Colorado Revised Statutes, is amended to read:
33-4-117. Youth licenses - special restrictions and privileges - repeal. (1) On or after January 1, 1995, any person under the age of sixteen years may obtain a combination youth small game hunting, furbearer, and fishing license, issued pursuant to section 33-4-102 (1.4), (x), for a fee of one dollar upon showing a hunter education certificate as required by section 33-6-107 (8). Said one-dollar fee includes the search and rescue fund surcharge imposed under section 33-1-112.5 (2) (a).
(2) Every person hunting with a combination youth small game hunting, furbearer, and fishing license shall at all times be accompanied by a person eighteen years of age or older as required by section 33-6-107 (3.5); except that a person of any age who purchases a small game hunting license issued pursuant to section 33-4-102 (1.4) (f) or a furbearer license issued pursuant to section 33-4-102 (1.4) (h) is exempt from this restriction.
(4) Youth big game licenses, entitling the holder to hunt deer, elk, or antelope, may be purchased by persons twelve to fifteen years of age for the fees specified in section 33-4-102 (1.4). (w). Said fees include the search and rescue fund surcharge imposed under section 33-1-112.5 (2) (a). Persons under sixteen years of age hunting deer, elk, or antelope must be accompanied by a person eighteen years of age or older as required by section 33-6-107 (4).
SECTION 4. 33-6-107 (3.5), Colorado Revised Statutes, is amended to read:
33-6-107. Licensing violations - penalties. (3.5) Except as provided in subsection (9) of this section, it is unlawful for any person under sixteen years of age to hunt wildlife with a youth license issued pursuant to section 33-4-102 (1.4) (x) unless such person is at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Any person who violates this subsection (3.5) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of five license suspension points.".
Renumber succeeding section accordingly.
APPROPRIATIONS
After consideration on the merits, the Committee recommends the following:
HB00-1034 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, line 9, strike "Adults and juveniles" and substitute "Juveniles".
Page 3, line 11, strike "adults and";
strike lines 17 through 19;
line 20, strike "(2)" and substitute "(1)";
line 22, strike "(3)" and substitute "(2)";
strike lines 23 through 26.
Page 4, line 1, strike "(5)" and substitute "(3)";
line 6, strike "(6)" and substitute "(4)"
line 9, strike "(7)" and substitute "(5)";
line 12, strike "(8)" and substitute "(6)";
strike lines 19 through 26.
Strike page 5.
Page 6, strike lines 1 through 24.
Renumber succeeding C.R.S. sections accordingly.
Page 7, line 9, strike "March 1," and substitute "January 1,";
line 24, strike "residing" and substitute "who reside";
line 26, strike "operates;" and substitute "operates and who are in the target population for the juvenile offender pilot program, as defined by rule of the state board of human services;".
Page 9, after line 7, insert the following:
"(VIII) The county departments of social services;";
line 8, strike "(VIII)" and substitute "(IX)";
line 9, strike "(IX)" and substitute "(X)";
after line 14, insert the following:
"(5) The entity and collaborative agencies that operate a juvenile offender pilot program shall participate together in the cost of the program by allocating, as a group, any moneys available to the entity and the agencies or by providing services to the program or by a combination of moneys and services in an amount equal to the amount of state general fund moneys received to operate the program.";
line 17, strike "sections 16-8-203 and 16-8-204" and substitute "section 16-8-203";
line 19, strike "sections" and substitute "section";
line 21, strike "16-8-206" and substitute "16-8-205";
line 23, strike "sections 16-8-203 (2) and 16-8-204 (2)" and substitute "section 16-8-203 (2)";
line 24, strike "the adult offender pilot program and".
Page 10, strike lines 3 and 4 and substitute the following:
"that is selected to operate a juvenile offender pilot";
line 5, strike "16-8-204" and substitute "16-8-203";
line 22, after "15,", insert "2003,".
Page 11, line 3, strike "the adult offender pilot";
line 4, strike "program or";
after line 4, insert the following:
"(3) The Department shall forward the information received pursuant to subsection (1) of this section to the division of criminal justice in the department of public safety. The division shall review the operation of the pilot programs and submit a report on or before October 1, 2003, and on or before October 1 every two years thereafter, to the department and to the joint budget committee and the judiciary committees of the senate and the house of representatives of the general assembly. At a minimum, the report prepared by the division of criminal justice shall include identification of the cost avoidance or cost savings, if any, achieved by the pilot programs and the outcomes achieved by juveniles receiving services through the programs.
SECTION 2. Appropriation - adjustment in 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, for the fiscal year beginning July 1, 2000, the sum of one hundred seventy-five thousand dollars ($175,000), or so much thereof as may be necessary, for the implementation of this act. Of such sum, one hundred sixty thousand dollars ($160,000), or so much thereof as may be necessary, is appropriated to the department of human services for implementation of the intensive treatment management pilot program of juvenile offenders created in section 16-8-203, Colorado Revised Statutes; and fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is appropriated to the department of public safety for allocation to the division of criminal justice.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by one hundred seventy-five thousand dollars ($175,000).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by one hundred seventy-five thousand dollars ($175,000).".
Renumber succeeding section accordingly.
Page 1, line 103, strike "system." and substitute "system, and making an appropriation in connection therewith.".
HB00-1469 be postponed indefinitely.
HB00-1471 be postponed indefinitely.
HB00-1475 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, after line 23, insert the following:
"SECTION 2. Appropriation - adjustment in 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of health care policy and financing, medical services premiums, for the fiscal year beginning July 1, 2000, the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be subject to the "(M)" notation as defined in the general appropriation act. In addition, the general assembly anticipates that, for the fiscal year beginning July 1, 2000, the department of health care policy and financing will receive the sum of two hundred thousand dollars ($200,000) in federal funds for the implementation of this act. Although these funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by two hundred thousand dollars ($200,000).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two hundred thousand dollars ($200,000).".
Renumber succeeding sections accordingly.
Page 1, strike line 104 and substitute "assistance, and making an appropriation in connection therewith.".
HB00-1476 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, strike lines 13 through 24 and substitute the following:
"(c) On and after July 1, 2000, moneys from the statewide indirect cost allocation agreement with the federal government shall be used to supplement moneys within the employment support fund. Moneys from the statewide indirect cost allocation agreement with the federal government shall be used consistently with the provisions of this subsection (2).
SECTION 2. Effective date. This act shall take effect July 1, 2000.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".
HB00-1485 be postponed indefinitely.
HB00-1486 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 2, after line 4, insert the following:
"SECTION 2. 8-20.5-103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
8-20.5-103. Petroleum storage tank fund - creation - repeal. (6) Moneys in the petroleum storage tank fund shall not be used:
(a) To supplant moneys received from the statewide indirect cost allocation agreement with the federal government;
(b) To fund any programs that are not specifically stated within this section.".
Renumber succeeding sections accordingly.
SB00-016 be referred to the Committee of the Whole with favorable recommendation.
SB00-020 be referred to the Committee of the Whole with favorable recommendation.
SB00-117 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 17, strike "the academic" and substitute "six years from the date of enrollment.";
strike line 18.
Page 3, after line 4, insert the following:
"SECTION 3. Appropriation - adjustment in 2000 long bill. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of higher education, Colorado commission on higher education, for financial assistance to eligible dependents of deceased or permanently disabled national guardsmen, law enforcement officers, or firefighters, for the fiscal year beginning July 1, 2000, the sum of fifty-seven thousand two hundred seventy-four dollars ($57,274), or so much thereof as may be necessary, for the implementation of this act.
(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by fifty-seven thousand two hundred seventy-four dollars ($57,274).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by fifty-seven thousand two hundred seventy-four dollars ($57,274).".
Renumber succeeding section accordingly.
Page 1, line 105, strike "firefighters." and substitute "firefighters, and making an appropriation in connection therewith.".
SB00-158 be referred to the Committee of the Whole with favorable recommendation.
SB00-164 be referred to the Committee of the Whole with favorable recommendation.
SB00-170 be referred to the Committee of the Whole with favorable recommendation.
SB00-193 be referred to the Committee of the Whole with favorable recommendation.
SB00-207 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend the reengrossed bill, page 2, strike lines 5 through 10 and substitute the following:
"(2) For the implementation of this act, appropriations made in the annual general appropriations act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:
(a) The general fund appropriation to the capital construction fund outlined in section 3 (1) (f) is reduced by two hundred thirty-eight thousand eight hundred dollars ($238,800).
(b) The capital construction fund exempt appropriation to the department of transportation, construction projects, is reduced by two hundred thirty-eight thousand eight hundred dollars ($238,800).".
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee recommends the following:
SB00-007 be referred to the Committee of the Whole with favorable recommendation.
SB00-174 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 2, line 15, strike "THE FOLLOWING" and substitute "A";
line 16, strike "SECTIONS" and substitute "SECTION";
strike lines 20 through 23, and substitute the following:
"modification factors. The commissioner shall appoint members to the task force, including a representative from a rating organization to serve as an ex officio member. The commissioner shall consult with the division of workers' compensation within the department of labor and employment and may consult with any private or public entities or individuals who may provide assistance to the task force.".
Page 3, strike lines 1 and 2.
Page 4, strike lines 1 through 5.
SB00-206 be referred to the Committee of the Whole with favorable recommendation.
SB00-210 be referred to the Committee of the Whole with favorable recommendation.
EDUCATION
After consideration on the merits, the Committee recommends the following:
HB00-1219 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Amend printed bill, strike everything below the enacting clause, and substitute the following:
"SECTION 1. Repeal. Parts 1 and 2 of article 11 of title 22, Colorado Revised Statutes, are repealed.
SECTION 2. 22-2-106 (1) (c), (2) (a), and (3), Colorado Revised Statutes, are amended to read:
22-2-106. State board - duties. (1) It is the duty of the state board:
(c) To appraise and accredit the public schools and school districts in this state pursuant to the provisions of article 11 of this title, and to submit recommendations to the governor and general assembly for improvements in education. The recommendations for improvements in education shall be based on goals and objectives adopted by the state board pursuant to section 22-7-204. The state board shall adopt rules to administer the accreditation process that require school districts to adopt goals and objectives for improvement of student performance that meet or exceed the state board's goals and submit education plans that specify how the school district will improve student achievement. Any measurements of school district performance adopted by the state board through its accreditation rules shall consider school district performance on statewide assessment tests administered pursuant to section 22-7-409 and school district progress in accomplishing school district goals and objectives. Statewide assessment tests shall not be the sole indicator for determining a school district's accreditation status.
(2) (a) The state board shall withhold its accreditation of any school district under paragraph (c) of subsection (1) of this section if it determines that the school district has not discharged its responsibilities under article 7 of this title. as required in article 11 of this title.
(3) The state board shall annually submit a report to the governor and the general assembly on the accreditation status of all school districts. pursuant to the provisions of article 11 of this title.
SECTION 3. Repeal. 22-2-112 (1) (o), Colorado Revised Statutes, is repealed as follows:
22-2-112. Commissioner - duties. (1) Subject to the supervision of the state board, the commissioner has the following duties:
(o) To comply with the duties set forth in article 11 of this title.
SECTION 4. 22-7-204 (2) and (4), Colorado Revised Statutes, are amended to read:
22-7-204. Adoption of goals and objectives for the improvement of Colorado's educational system. (2) When adopting the goals and objectives required by subsection (1) of this section, the state board shall adopt a set of goals and objectives for kindergarten and grades one through three and a set of goals and objectives for grades four through twelve consider the education reforms enacted in parts 4 to 6 of this article 7.
(4) The statement of goals and objectives shall be adopted by the state board no later than January 1, 1989 January 1, 2001.
SECTION 5. 22-7-205 (1) and (2), Colorado Revised Statutes, are amended to read:
22-7-205. Local goals and objectives and plans to improve educational achievement and graduation rates. (1) No later than June 15, 1989, and then no later than September 1, 1990, and September 1 of each year thereafter, The advisory accountability committee or school advisory council for each school building in the state shall adopt high, but achievable, goals and objectives for the improvement of education in its building and shall adopt a plan to improve educational achievement in the school and to implement methods of maximizing graduation rates from the secondary schools of the district. Such goals and objectives shall be adopted pursuant to a charge and time lines developed by the local board of education. and to increase the ratings for the school's accreditation category established pursuant to section 22-11-202. Each building's goals and objectives and plan shall be reviewed by the school district advisory accountability committee before its submission to the board of education of the district. Procedures for the implementation of the plan shall be included in the budget submitted to the board of education pursuant to section 22-44-108.
(2) After consultation with the school district advisory accountability committee and review of its recommendations, the board of education shall compile school building goals and objectives and plans and shall report develop a district's high, but achievable, goals and objectives for the improvement of education in the district consistent with the state board's goals and objectives and a district plan to improve educational achievement and maximize graduation rates. and increase the ratings for the school's accreditation category established pursuant to section 22-11-202. Such report shall be made available to the public no later than October 1, 1989, and October 1 of each year thereafter.
SECTION 6. 22-30-105 (1) (c), Colorado Revised Statutes, is amended to read:
22-30-105. Activation of the school district organization planning process. (1) The appointment of a school organization planning committee charged to study school district organization shall occur when the commissioner is notified that any of the following conditions exist:
(c) The state board declares a school district is no longer accredited. pursuant to the provisions of section 22-11-204. Such declaration shall indicate the school districts to be involved in the organization study.
SECTION 7. 22-30-114 (1) (d) and (1) (d.5), Colorado Revised Statutes, are amended to read:
22-30-114. Requirements for plan of organization. (1) The plan of organization shall include, but shall not be limited to, consideration of the following:
(d) The efficiency and effectiveness of the various educational organization options being studied; and the extent to which such educational organization options will cause the school district to remedy the lack of compliance under the terms of its accreditation contract entered into pursuant to the provisions of section 22-11-201;
(d.5) The reasons for which the school district was unable to remedy the deficiencies that lead to its lack of compliance with the terms of its accreditation contract under article 11 of this title;
SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.".
SB00-049 be referred favorably to the Committee on Appropriations.
SB00-085 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 4, after line 2, insert the following:
"(9) "Minor" means any person under the age of eighteen.".
Renumber succeeding subsections accordingly.
Page 4, line 16, after "(18).", add "For purposes of this part 4, a "school library" shall be the equivalent of the library system established and maintained by a particular school district and shall not mean each separate or individual library facility established and maintained by such school district.".
Page 5, line 20, after "limit", insert "the";
line 21, after "access," insert "of minors";
line 25, strike "obscene," and substitute "obscene or illegal.";
strike line 26.
Page 6, line 2, after "school", insert "or academic";
line 8, after "limit", insert "the";
line 9, after "access," insert "of minors";
strike lines 13 and 14 and substitute the following:
"information that is obscene or illegal.".
SB00-115 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 8, line 11, strike "and" and substitute "or".
SB00-133 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 4, line 13, after “councils,” insert “or school accountability committee, whichever is applicable,”;
line 16, after “plan,” insert “or review and revise, if necessary, any existing plans or policies already in effect,”;
Page 5, line 6, after "posted", insert "or kept on file".
line 21, after "teacher", insert "or the school principal";
line 23, after the period, add "A behavior plan or contract intended to correct the behavior shall be developed after the first such removal from class. Any policy or procedure adopted shall comply with applicable federal and state laws regarding students with disabilities.";
line 24, strike "expulsion of students who cause" and substitute "initiation of expulsion proceedings for students who qualify as habitually disruptive by causing".
Page 7, line 15, strike "parents and to the".
Page 8, line 25, after "to", insert "and a safe environment for".
Page 9, line 3, strike "discipline." and substitute "discipline that resulted in documentation of the conduct in a student's record.";
line 9, strike "suspension;" and substitute "removal in accordance with board policy;";
line 13, strike "specifically stated." and substitute "officially identified as part of a board policy;";
after line 13, insert the following:
"(VI) The conduct and discipline code violations required to be reported pursuant to subparagraph (IV) of this paragraph (b) shall specifically identify each conduct and discipline code violation by a student with a disability and each action taken with respect to each violation by a student with a disability.
(VII) The average class size for each public elementary, middle school or junior high school, and senior high school in the state calculated as the total number of students enrolled in the school divided by the number of full-time teachers in the school. For purposes of this subparagraph (VI), "full-time teacher" means a person who is licensed pursuant to article 60.5 of this title or authorized by a letter of authorization issued pursuant to section 22-60.5-111 to teach, and is primarily engaged in teaching during a substantial majority of the instructional minutes per school day.".
strike lines 19 through 26 and substitute the following:
"of education shall adopt a policy whereby procedures will be used following instances of assault upon, disorderly conduct toward, harassment of, the making knowingly of a false allegation of child abuse against, or any alleged offense under the "Colorado Criminal Code" directed toward a schoolteacher or school employee or instances of damage occurring on the premises to the personal property of a schoolteacher or school employee by a student. Such procedures shall include, at a minimum, the following provisions:
(a) Such schoolteacher or school employee shall file a complaint with the school administration and the board of education.
(b) The school administration shall, after receipt of such report and proof deemed adequate to the school administration, suspend the student for three days, such suspension to be in accordance with the procedures established therefor, and shall initiate procedures for the further suspension or expulsion of the student where injury or property damage has occurred.
(c) The school administration shall report the incident to the district attorney or the appropriate local law enforcement agency or officer, who shall, upon receiving such report, investigate the incident to determine the appropriateness of filing criminal charges or initiating delinquency proceedings.".
Page 10, strike line 1;
strike lines 9 through 13 and substitute the following:
"(5) Safety and security policy. Each board of education shall adopt a policy requiring annual school building inspections to ensure the removal of hazards and vandalism and to ensure the removal of barriers to safety and supervision.".
Page 11, line 22, after "(b)", insert "A teacher or any other person acting in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall be immune from civil liability; except that a person acting willfully and wantonly shall not be immune from liability pursuant to this paragraph (b).".
Page 12, line 19, after the first "the", insert "conduct and";
line 22, strike "support." and substitute "support, as defined by the board of education.";
line 24, after the first "the", insert "conduct and".
Page 13, strike lines 7 through 13;
line 14, strike "(b)".
Page 18, strike lines 10 through 14 and substitute the following:
"district. Upon the specific request of a school district at which a teacher has applied for employment, a school district may disclose any disciplinary record of a teacher that specifically relates to any negligent action of the teacher that was found to have endangered the safety and security of a student or any disciplinary record that relates to behavior by the teacher that was found to have contributed to a student's violation of the school district's conduct and discipline code. The";
strike lines 24 and 25 and substitute the following:
"disciplinary records pursuant to paragraph (a) of this subsection (4).".
Page 20, line 4, after "with", insert "a plan to provide".
Page 21, line 12, before "nonpublic,", insert "state-board-accredited,";
line 13, strike "but not limited to".
Page 22, line 7, before "nonpublic,", insert "state-board-accredited,";
line 19, before "nonpublic,", insert "state-board-accredited,";
line 23, strike "operating revenues" and substitute "operating revenues, as defined in section 22-30.5-112 (2) (a.5) (II)";
line 24, before "nonpublic,", insert "state-board-accredited,".
Page 23, line 2, before "nonpublic,", insert "state-board-accredited,".
Page 24, line 5, before "nonpublic,", insert "state-board-accredited,".
Page 25, line 15, before "nonpublic,", insert "state-board-accredited,";
line 25, before "nonpublic,", insert "state-board-accredited,".
Page 26, line 13, before "nonpublic,", insert "state-board-accredited,";
line 23, before "nonpublic,", insert "state-board-accredited,".
SB00-181 be referred favorably to the Committee on Appropriations.
FINANCE
After consideration on the merits, the Committee recommends the following:
SB00-076 be referred favorably to the Committee on Appropriations.
HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
After consideration on the merits, the Committee recommends the following:
HB00-1481 be referred to the Committee of the Whole with favorable recommendation.
SB00-019 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 6, line 7, strike "amended" and substitute "amended, and the said 26-6.5-104 is further amended BY THE ADDITION OF A NEW SUBSECTION,";
after line 18, insert the following:
"(5) It is the intent of the general assembly that, in addition to any other source of funding, for fiscal year 2000-01, the state department allocate one million one hundred thousand dollars of the federal child care development fund moneys for the implementation of this article.".
Page 7, after line 18, insert the following:
"SECTION 5. Federal funds. The general assembly anticipates that, for the fiscal year beginning July 1, 2000, the department of human services will receive the sum of one million one hundred thousand dollars ($1,100,000) in federal funds for the implementation of this act. Although these funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds.".
Renumber succeeding sections accordingly.
SB00-042 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 2, line 3, strike "disabilities - creation." and substitute "disabilities - fund - creation.".
Page 4, strike lines 5 through 26 and substitute the following:
"(5) There is hereby created in the state treasury the Colorado council for persons with disabilities trust fund, referred to in this subsection (5) as the "fund", which shall consist of all moneys appropriated thereto by the general assembly or received from any other sources. The transfer from the Colorado disabled telephone users fund made in fiscal year 2000-01 shall be credited to the fund and retained as principal in the fund. Such principal may not be expended or appropriated. The state treasurer is authorized to accept moneys from the state and the federal government as well as contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations for credit to the fund. All moneys credited to the fund shall remain in the fund to be used for the purposes set forth in this section and shall not revert to the general fund or any other fund. All interest derived from the deposit and investment of the fund shall be credited to the fund. The general assembly may appropriate moneys in the fund to the Colorado council for persons with disabilities created in subsection (1) of this section.
SECTION 2. 40-17-104 (1), Colorado Revised Statutes, is amended, and the said 40-17-104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
40-17-104. Colorado disabled telephone users fund - creation - purpose - repeal. (1) Except as otherwise authorized to be retained by section 40-17-103 (3) (e), all moneys collected by the local exchange companies in accordance with said section shall be transmitted to the state treasurer, who shall credit the same to the Colorado disabled telephone users fund, which fund is hereby created and is referred to in this article as the "fund". On July 1, 1992, any moneys in the Colorado disabled telephone users fund created by section 40-17-103, as said section existed prior to July 1, 1992, shall be credited to the fund as created by this section. The general assembly shall make annual appropriations out of such fund for the administration of the fund and shall make annual appropriations to the reading services for the blind cash fund, created in section 24-90-105.5 (5), C.R.S., for use by the state librarian in support of privately operated reading services for the blind. The moneys in such fund not used for administration of such fund, and not used for the reading services for the blind cash fund, and not used for the council for persons with disabilities trust fund created in section 24-20-111 (5), C.R.S., are hereby continuously appropriated to the public utilities commission for the reimbursement of providers who render telecommunications services authorized by this article.
(4) (a) Notwithstanding any provision of subsection (1) of this section to the contrary, on July 1, 2000, the state treasurer shall transfer five hundred thousand dollars from the Colorado disabled telephone users fund to the council for persons with disabilities trust fund, created in section 24-20-111 (5), C.R.S.
(b) This subsection (4) is repealed, effective July 1, 2001.".
Strike page 5.
Page 6, strike lines 1 through 8 and substitute the following:
"SECTION 3. Appropriation. In addition to any other appropriation, there is hereby";
line 9, after "the", insert "Colorado";
line 10, after "disabilities", insert "trust";
line 14, strike "(1)";
strike lines 23 through 25.
SB00-054 be referred favorably to the Committee on Appropriations.
SB00-177 be referred favorably to the Committee on Appropriations.
SB00-180 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 30, strike line 3 and substitute the following:
"two counties with a combined population of at least seven hundred and fifty thousand residents may apply";
strike line 10 and substitute the following:
"all other counties that do not qualify as a two county RETAC and".
Page 32, line 20, strike "a county with a" and substitute "two counties with a combined";
line 21, strike "least ______ residents" and substitute "least seven hundred and fifty thousand residents".
Page 40, strike line 16 and substitute the following:
"advisory council on emergency medical services, the state trauma advisory council,";
line 17, strike "established in section 25-3.5-104";
line 18, strike "for" and substitute "to consider".
Page 41, line 7, strike "December" and substitute "November";
line 23, strike "December" and substitute "November";
after line 24, insert the following:
"SECTION 24. 24-32-2104 (8) (b) (I) (F), (8) (b) (I) (J), (8) (b) (I) (K), and (8) (b) (I) (L), Colorado Revised Statutes, as amended by House Bill 00-1077, are amended to read:
24-32-2104. The governor and disaster emergencies. (8) (b) (I) State members of the committee shall include the following:
(F) A hospital infectious disease control practitioner The attorney general or the designee of the attorney general;
(J) The state veterinarian of the department of agriculture; and
(K) A wildlife disease specialist with the division of wildlife;
(L) A pharmacist member of the state board of pharmacy; and
SECTION 25. 24-32-2104 (8) (b) (II) (F), Colorado Revised Statutes, as amended by House Bill 00-1077, is amended, and the said 24-32-2104 (8) (b) (II), as amended by House Bill 00-1077, is further amended BY THE ADDITION OF THE FOLLOWING NEW SUB-SUBPARAGRAPHS, to read:
24-32-2104. The governor and disaster emergencies. (8) (b) (II) In addition to the state members of the committee, the governor shall appoint to the committee an individual from each of the following categories:
(F) The attorney general or his or her designee. A hospital infection control practitioner;
(G) A wildlife disease specialist with the division of wildlife; and
(H) A pharmacist member of the state board of pharmacy.".
Renumber succeeding sections accordingly.
Page 42, strike line 10 and substitute the following:
"2000; except that sections 4 and 24 of this act shall take effect January 1, 2001.".
SB00-185 be referred favorably to the Committee on Appropriations.
SB00-194 be referred favorably to the Committee on Appropriations.
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee recommends the following:
SB00-147 be referred favorably to the Committee on Appropriations.
TRANSPORTATION AND ENERGY
After consideration on the merits, the Committee recommends the following:
HB00-1490 be referred to the Committee of the Whole with favorable recommendation.
SB00-146 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Amend reengrossed bill, page 2, strike lines 20 through 26.
Page 3, strike lines 1 through 14.
Renumber succeeding section accordingly._______________
MESSAGES FROM THE SENATE
Mr. Speaker:
In response to the request of the House for a Second Conference Committee on SB00-160, the President appointed Senators Evans, Chm., Hillman, and Hernandez as members of the Second Conference Committee on the part of the Senate. The bill is transmitted herewith.
The Senate has adopted and transmits herewith: SJR00-009, amended as printed in Senate Journal, April 19.
The Senate has adopted and transmits herewith: SJR00-016._________
The Senate has passed on Third Reading and transmitted to the Revisor of Statutes:
SB00-199, amended as printed in Senate Journal, April 18, pages 1032-1033._________
The Senate has postponed indefinitely and returns herewith: HB00-1101 and 1444._______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB00-199.______________
MESSAGE FROM THE GOVERNOR
I certify I received the following on the 19th day of April, 2000, at 2:55 p.m. The original is on file in the records of the House of Representatives of the General Assembly.
Judith Rodrigue,