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

HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Ninety-third Legislative Day Thursday, April 9, 1998

Prayer by Judith Rodrigue, Chief Clerk.

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

The roll was called with the following result:

Present--62.

Absent and excused--Representatives Romero, Saliman, Tate--3.

Present after roll call--Representative Saliman.

The Speaker declared a quorum present.

_______________

On motion of Representative Udall, the reading of the journal of April 8, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORT OF COMMITTEE OF REFERENCE

FINANCE

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

HB98-1405 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, after line 12, insert the following:

"SECTION 6. Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the fixed utilities cash fund not otherwise appropriated, to the department of regulatory agencies, public utilities commission, for the fiscal year beginning July 1, 1998, the sum of forty-two thousand eight hundred ninety-one dollars ($42,891) and 1.0 FTE, or so much thereof as may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 106, strike "SERVICES." and substitute "SERVICES, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".

______________

SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB98-1005, 1311, 1317, 1337, and 1361.

______________

DELIVERY OF BILLS TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bills have been delivered to the Office of the Governor: HB98-1050, 1089, 1090, 1102, 1157, 1236, 1271, and 1370 at 3:45 p.m. on April 8, 1998.

_______________

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.

SB98-008 by Senator Wells; also Representative Adkins--Concerning the elimination of preliminary hearings in certain classes of felonies.

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 45 NO 18 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George N


Gordon N

Gotlieb N

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June N

Kaufman Y

Keller N

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall N

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith N


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate E

Taylor N

Tool Y

Tucker Y

Tupa N

Udall N

Veiga Y

Williams, S. Y

Williams, T. N

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Epps, Hefley, Tool.

HB98-1406 by Representative Adkins; also Senator Reeves--Concerning the welfare of children.

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 61 NO 2 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman N

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba N

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Alexander.

HB98-1003 by Representatives Schauer, G. Berry, Paschall, and Tucker; also Senators Mutzebaugh, Chlouber, and Norton--Concerning the removal of provisions in the air quality state implementation plan that are more stringent than those required by federal law.

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 45 NO 18 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon N

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y

Gordon N

Gotlieb Y

Grampsas N

Grossman N

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller N

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y

McPherson Y

Miller Y

Morrison N

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser N

Romero E

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y

Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa N

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Arrington, McPherson, Taylor, Young.

HB98-1006 by Representatives Adkins, Smith, and S. Johnson; also Senators Bishop, Ament, and Dennis--Concerning the establishment of a fund to promote the conservation of native species, and making an appropriation in connection therewith.

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 61 NO 2 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor N

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Bacon, Grossman, Hagedorn, Lawrence, Mace, Reeser, Sullivant, Udall, S.Williams.

HB98-1070 by Representative Taylor; also Senator Wattenberg--Concerning extended temporary motor vehicle registration.

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 60 NO 3 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean YDyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz N

Saliman Y

Schauer N

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB98-1217 by Representative T. Williams; also Senator Hopper--Concerning the regulation of the practice of pharmacy by the state board of pharmacy, and, in connection therewith, regulating the supervision of nonpharmacist personnel by pharmacists and allowing the state board of pharmacy to impose fines against licensees for violations of statutes regulating pharmacists, and making an appropriation therefor.

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 61 NO 2 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner N

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Epps, Sullivant.

HB98-1382 by Representative Hefley; also Senator Coffman--Concerning testing for controlled substances of participants in the Colorado works 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 52 NO 11 EXCUSED 2 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez N

Clarke N

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon N

Gotlieb Y

Grampsas Y

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba N

Mace N

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman N

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis N

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall N

Veiga N

Williams, S. N

Williams, T. Y

Young Y

Zimmerman N

Mr. Speaker Y

Co-sponsors added: Representatives Alexander, Arrington, G.Berry, Dean, Epps, McElhany, Mr. Speaker.

________________

On motion of Representative Tucker, the House resolved itself into Committee of the Whole for consideration of General Orders, and she was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB98-1220 by Representative Taylor; also Senator Wattenberg--Concerning the regulation of plumbers by the board of plumbing examiners.

Amendment No. 1, Business Affairs and Labor Report, dated January 27, 1998, and placed in member's bill file; Report also printed in House Journal, January 29, pages 269-270.

Amendment No. 2, by Representative Taylor.

Strike the Appropriations Committee Report, dated April 3, 1998, and substitute the following:

"Amend the Business Affairs and Labor Committee Report, dated January 27, 1998, page 1, strike lines 5 through 15, and substitute the following:

"Page 3, strike lines 24 through 26, and substitute the following:

"variances. (5)  LOCAL GOVERNMENTS THAT CONDUCT INSPECTIONS OR ENTER INTO INTERGOVERNMENTAL AGREEMENTS TO CONDUCT INSPECTIONS PURSUANT TO SECTION 12­58­114.5 (1.5) SHALL ON A SPECIFIC PROJECT BASIS BE PERMITTED TO APPROVE ALTERNATIVE MATERIALS AND METHODS OF CONSTRUCTION. IF A".

Page 2 of the committee report, after line 1, insert the following:

"Page 4, strike lines 1 through 4.";

strike lines 13 and 14 of the committee report, and substitute the following:

"amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:

12­58­114.5.  Inspection ­ application ­ standards. (1.5)  TWO OR MORE LOCAL GOVERNMENT AUTHORITIES MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO CREATE A PERMITTING AND INSPECTION PROGRAM AND SHALL NOTIFY THE BOARD OF SUCH AGREEMENT.

(8) (a)  THE";

strike lines 18 through 24 of the committee report, and substitute the following:

"(II)  THE DATE THE INSPECTION WAS SCHEDULED TO OCCUR;

(III)  THE DATE THE INSPECTION WAS CONDUCTED;

(IV)  IF THE INSPECTION OCCURRED ON A DATE OTHER THAN WHEN SCHEDULED, A WRITTEN STATEMENT INDICATING WHY THE INSPECTION DID NOT OCCUR AS ORIGINALLY SCHEDULED.

(b)  THE RECORDS SHALL BE FORWARDED TO THE PROGRAM ADMINISTRATOR WHO SHALL COMPILE A REPORT FOR THE BOARD SETTING FORTH THE NUMBER OF SCHEDULED INSPECTIONS THAT DID AND DID NOT OCCUR AS ORIGINALLY SCHEDULED AS PROVIDED BY A COMPARISON OF SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (a) OF THIS SUBSECTION (8) AND THE REASONS AS PROVIDED IN SUBPARAGRAPH (IV) OF PARAGRAPH (a) OF THIS SUBSECTION (8).".";

strike line 28 of the committee report, and substitute the following:

""SECTION 9.  Appropriation ­ adjustments to the 1998 long bill. (1)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a)  The appropriation to the department of regulatory agencies, executive director's office, legal services, is increased by seven hundred sixty­eight dollars ($768). Said sum shall be from the division of registrations cash fund.

(b)  The appropriation to the department of regulatory agencies, division of registrations, operating expenses, is increased by two thousand nine hundred twenty­six dollars ($2,926). Said sum shall be from the division of registrations cash fund.

(c)  The appropriation to the department of law is increased by seven hundred sixty­eight dollars ($768), for the provision of legal services to the department of regulatory agencies related to the implementation of this act. Such sum shall be from cash funds exempt received from the department of regulatory agencies, executive director's office, out of the appropriation made in paragraph (a) of this subsection (1).".".

Page 3 of the committee report, strike lines 1 through 3;

after line 4, insert the following:

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

Amendment No. 3, by Representatives Adkins and Anderson.

Amend the Amendment No. 2 by Representative Taylor printed in House Journal page 1255, strike lines 1 through 3 and substitute the following:

""Page 3, strike lines 21 through 26 and substitute the following:

"SECTION 2.  12­58­104.5 (1), Colorado Revised Statutes, is amended, and the said 12­58­104.5 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

12­58­104.5.  Colorado plumbing code ­ amendments ­ variances. (1)  In accordance with the provisions of article 4 of title 24, C.R.S., the board shall establish a Colorado plumbing code, as defined in section 12­58­102 (4). Such code shall represent the minimum standards for installation, alteration, and repair of plumbing equipment and systems throughout the state; EXCEPT THAT, IF A NATIONALLY ADOPTED PLUMBING CODE, SUCH AS THE UNIFORM PLUMBING CODE OR THE INTERNATIONAL PLUMBING CODE, AUTHORIZES THE USE OF MATERIALS OR EQUIPMENT, THE BOARD SHALL HAVE NO AUTHORITY TO RESTRICT THE USE OF THE MATERIALS OR EQUIPMENT AUTHORIZED BY SUCH CODE.

(5)  LOCAL GOVERNMENTS THAT CONDUCT INSPECTIONS OR".".

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

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

HB98-1267 by Representatives Allen, Anderson, and Dean; also Senators B. Alexander and Arnold--Concerning edu-cational reforms, and making an appropriation in connection therewith.

Amendment No. 1, Education Report, dated February 9, 1998, and placed in member's bill file; Report also printed in House Journal, February 11, page 461.

Amendment No. 2, by Representative Allen.

Amend printed bill, page 3, line 3, strike "STATE." and substitute "STATE, INCLUDING ENCOURAGEMENT OF THE INCREASED USE OF LOCAL ADVISORY COMMITTEES.";

strike lines 4 through 9 and substitute the following:

"(2)  THE GENERAL ASSEMBLY FINDS AND DETERMINES THAT";

line 26, strike "THE TEACHING OF" and substitute "EMPHASIS ON".

Page 4, line 1, strike "EARLY IN THE DAY";

strike lines 7 and 8 and substitute the following:

"ACHIEVEMENT RESULTS ON STANDARDS­BASED TESTS. THE".

Page 5, line 24, strike "SEPTEMBER 30," and substitute "DECEMBER 31,".

Page 11, strike lines 17 through 23 and substitute the following:

"(b)  AFTER RECEIPT OF THE NOTICE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1), A SCHOOL DISTRICT SHALL SUBMIT A PLAN TO REMEDY ITS LACK OF COMPLIANCE TO THE DEPARTMENT. THE PLAN SHALL BE SUBMITTED WITHIN A SPECIFIC TIME PERIOD COMMENCING IMMEDIATELY AFTER THE SCHOOL DISTRICT'S RECEIPT OF THE NOTICE WHICH SHALL BE ESTABLISHED IN STATE BOARD RULES. THE DEPARTMENT SHALL APPROVE OR DENY THE SCHOOL DISTRICT'S PLAN TO REMEDY ITS LACK OF COMPLIANCE WITHIN A TIME PERIOD FROM THE DATE OF THE PLAN'S SUBMISSION THAT SHALL BE ESTABLISHED IN RULES PROMULGATED BY THE STATE BOARD.".

Page 12, strike lines 4 through 6 and substitute the following:

"ON PROBATIONARY STATUS IF THE SCHOOL DISTRICT FAILS TO IMPLEMENT THE PLAN SUBMITTED PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION. PROBATION";

strike lines 13 through 15 and substitute the following:

"SCHOOL DISTRICT'S ACCREDITATION IF THE SCHOOL DISTRICT FAILS TO REMEDY ITS LACK OF".

Amendment No. 3, by Representative Dean.

Amend printed bill, page 20, after line 14, insert the following:

"SECTION 10.  22­60.5­203, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­60.5­203.  Assessment of professional competencies. (4)  THE STATE BOARD OF EDUCATION SHALL ANNUALLY REVIEW THE ASSESSMENT PROGRAM DEVELOPED PURSUANT TO SUBSECTION (3) OF THIS SECTION TO ASSURE THE APPROPRIATENESS OF THE ASSESSMENTS AND THE STANDARDS ESTABLISHED TO DETERMINE A SATISFACTORY LEVEL OF PROFICIENCY.

SECTION 11.  22­60.5­212, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­60.5­212.  Assessment of professional competencies. (3)  THE STATE BOARD OF EDUCATION SHALL ANNUALLY REVIEW THE ASSESSMENT PROGRAM DEVELOPED PURSUANT TO SUBSECTION (2) OF THIS SECTION TO ASSURE THE APPROPRIATENESS OF THE ASSESSMENTS AND THE STANDARDS ESTABLISHED TO DETERMINE A SATISFACTORY LEVEL OF PROFICIENCY.

SECTION 12.  22­60.5­303, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­60.5­303.  Assessment of professional competencies. (4)  THE STATE BOARD OF EDUCATION SHALL ANNUALLY REVIEW THE ASSESSMENT PROGRAM DEVELOPED PURSUANT TO SUBSECTION (3) OF THIS SECTION TO ASSURE THE APPROPRIATENESS OF THE ASSESSMENTS AND THE STANDARDS ESTABLISHED TO DETERMINE A SATISFACTORY LEVEL OF PROFICIENCY.

SECTION 13.  22­60.5­308, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­60.5­308.  Assessment of professional competencies. (4)  THE STATE BOARD OF EDUCATION SHALL ANNUALLY REVIEW THE ASSESSMENT PROGRAM DEVELOPED PURSUANT TO SUBSECTION (3) OF THIS SECTION TO ASSURE THE APPROPRIATENESS OF THE ASSESSMENTS AND THE STANDARDS ESTABLISHED TO DETERMINE A SATISFACTORY LEVEL OF PROFICIENCY.".

Renumber succeeding sections accordingly.

Amendment No. 4, by Representative Allen.

Amend printed bill, page 6, line 11, strike "TITLE." and substitute "TITLE, AND THE ASSESSMENT ADMINISTERED PURSUANT TO SECTION 22­7­409 (1.5).".

Page 17, strike line 26.

Page 18, strike line 1 and substitute the following:

"TO TAKE THE ASSESSMENT ADMINISTERED PURSUANT TO PARAGRAPH (e) OF SUBSECTION (1) OF THIS SECTION. THE DEPARTMENT SHALL MAINTAIN THE RESULTS OF THE ASSESSMENTS ADMINISTERED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (1.5) AND SHALL CONSIDER SUCH RESULTS AS ACCREDITATION INDICATORS PURSUANT TO THE PROVISIONS OF SECTION 22­11­104 (2) (a).".

Amendment No. 5, by Representative Adkins.

Amend printed bill, page 7, line 13, after "DISAGGREGATED", insert "BY SCHOOL".

Amendment No. 6, by Representative Adkins.

Amend printed bill, page 9, line 2, strike "ACHIEVEMENT;" and substitute "ACHIEVEMENT, INCLUDING METHODS FOR IMPROVING THE SCORES OF STUDENTS WHO SCORE BELOW PROFICIENT IN STATEWIDE ASSESSMENT TESTS AS INDICATED BY THE RETESTING OF SUCH STUDENTS;".

Page 10, strike line 6 and substitute the following:

"ACHIEVEMENT, INCLUDING METHODS FOR IMPROVING THE SCORES OF STUDENTS WHO SCORE BELOW PROFICIENT IN STATEWIDE ASSESSMENT TESTS AS INDICATED BY THE RETESTING OF SUCH STUDENTS;".

Amendment No. 7, by Representative Adkins.

Amend printed bill, page 10, strike lines 6 through 9, and substitute the following:

"ACHIEVEMENT.".

Amendment No. 8, by Representative Adkins.

Amend printed bill, page 11, strike lines 22 and 23, and substitute the following:

"APPROVE THE SCHOOL DISTRICT'S REMEDIAL PLAN.".

Amendment No. 9, by Representative Adkins.

Amend printed bill, page 12, line 6, after the period, insert "THE RULES OF THE STATE BOARD SHALL INCLUDE A PROCESS FOR A SCHOOL DISTRICT'S RIGHT TO A HEARING BEFORE THE BOARD IN ORDER TO DETERMINE WHETHER THE SCHOOL DISTRICT HAD IMPLEMENTED THE PLAN PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION.";

line 16, after the period, insert "THE RULES OF THE STATE BOARD SHALL INCLUDE A PROCESS FOR A SCHOOL DISTRICT'S RIGHT TO A HEARING BEFORE THE BOARD IN ORDER TO DETERMINE WHETHER THE SCHOOL DISTRICT HAD REMEDIED ITS LACK OF COMPLIANCE.".

Amendment No. 10, by Representative Keller.

Amend printed bill, page 14, line 1, strike "Repeal.";

strike line 2 and substitute the following:

"amended as follows:";

strike lines 3 through 25 and substitute the following:

"22­7­205.  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 for each school building in the state shall adopt high, but achievable, goals and objectives for the improvement of education in its building, consistent with the state board's goals and objectives, 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, AND TO INCREASE THE RATINGS FOR THE SCHOOL'S ACCREDITATION CATEGORY ESTABLISHED PURSUANT TO SECTION 22­11­202 . Each building's goals and objectives and plan shall be reviewed by the 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 22­44­108.

(2)  After consultation with the district advisory accountability committee and review of its recommendations, the board of education shall compile school building goals and objectives and plans and shall submit 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 to the state board of education, AND INCREASE THE RATINGS FOR THE SCHOOL'S ACCREDITATION CATEGORY ESTABLISHED PURSUANT TO SECTION 22­11­202 no later than October 1, 1989, and October 1 of each year thereafter.";

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

Page 15, line 15, strike "(4)" and substitute "(4)";

line 26, strike "(5)" and substitute "(5)".

Amendment No. 11, by Representative Gotlieb.

Amend the Amendment No. 10, by Representative Keller printed in House Journal, page 1259, line 56, strike "building, consistent" and substitute "building consistent".

House Journal page 1260, line 1, strike "with the state board's goals and objectives," and substitute "with the state board's goals and objectives,";

line 15, strike "submit" and substitute "submit REPORT";

line 16, strike "district, consistent with the state board's" and substitute "district consistent with the state board's";

line 17, strike "goals and objectives," and substitute "goals and objectives,";

line 18, strike "state board of" and substitute "state board of";

line 19, strike "education" and substitute "education PUBLIC".

Amendment No. 12, by Representative Young.

Amend printed bill, page 20, after line 14, insert the following:

"SECTION 10.  22­2­109 (1) (b) and (1) (c), Colorado Revised Statutes, are amended to read:

22­2­109.  State board of education ­ additional duties. (1)  The state board of education shall:

(b)  Evaluate and determine and publish its findings as to which programs of study in Colorado institutions of higher education meet the requirements of an approved program of teacher preparation pursuant to section 22­60­103 (2) OR ARTICLE 60.5 OF THIS TITLE;

(c)  Adopt rules and regulations which THAT prescribe standards for the evaluation of teacher preparation programs, INCLUDING THE EXTENT TO WHICH SUCH TEACHER PREPARATION PROGRAMS PREPARE TEACHERS TO TEACH IN ACCORDANCE WITH THE GOALS OF STANDARDS­BASED EDUCATION PURSUANT TO PART 4 OF ARTICLE 7 OF THIS TITLE;

SECTION 11.  22­60.5­110 (3) (c) (I), Colorado Revised Statutes, is amended to read:

22­60.5­110.  Renewal of licenses. (3) (c)  In selecting professional development activities for the renewal of a professional license pursuant to this section, each licensee shall choose those activities that will aid the licensee in meeting the standards for a professional educator, including but not limited to the following goals:

(I)  Knowledge of subject matter content and learning, INCLUDING KNOWLEDGE AND APPLICATION OF STANDARDS­BASED EDUCATION PURSUANT TO PART 4 OF ARTICLE 7 OF THIS TITLE;

SECTION 12.  22­60.5­116, Colorado Revised Statutes, is amended to read:

22­60.5­116.  Evaluation of approved programs of preparation for teachers, principals, and administrators ­ repeal. (1) (a)  Every two years, teachers employed by the school districts of the state who completed their preparation at accepted institutions of higher education in this state shall evaluate their program during their first and third years of teaching. SUCH EVALUATIONS SHALL INCLUDE ASSESSMENTS OF THE EXTENT TO WHICH THE TEACHER PREPARATION PROGRAMS SUFFICIENTLY ADDRESSED AND PREPARED TEACHERS TO IMPLEMENT STANDARDS­BASED EDUCATION PURSUANT TO PART 4 OF ARTICLE 7 OF THIS TITLE. For 1994 and every even year thereafter, a sample of principals and administrators employed by the school districts of the state who completed their preparation at accepted institutions of higher education in this state shall evaluate their programs. Such sample shall be selected by the department of education. Such evaluations shall be on forms prepared and distributed by the department of education. The completed forms shall be returned to the department of education for compilation, review by the appropriate professional standards board and the state board of education, and dissemination to Colorado teacher, principal, and administrator preparation institutions. THE DEPARTMENT OF EDUCATION SHALL PROVIDE COPIES OF THE COMPILED RESULTS OF SUCH COMPLETED FORMS TO THE MEMBERS OF THE COMMITTEES ON EDUCATION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

(b)  This subsection (1) is repealed, effective July 1, 1999.

(2)  Effective July 1, 1999, every two years, teachers employed by the school districts of the state who completed their preparation at accepted institutions of higher education in this state shall evaluate their program during their first and third years of teaching. SUCH EVALUATIONS SHALL INCLUDE ASSESSMENTS OF THE EXTENT TO WHICH THE TEACHER PREPARATION PROGRAMS SUFFICIENTLY ADDRESSED AND PREPARED TEACHERS TO IMPLEMENT STANDARDS­BASED EDUCATION PURSUANT TO PART 4 OF ARTICLE 7 OF THIS TITLE. For 1999 and every year thereafter, a sample of principals and administrators employed by the school districts of the state who completed their preparation at accepted institutions of higher education in this state shall evaluate their programs. Such sample shall be selected by the department of education. Such evaluations shall be on forms prepared and distributed by the department of education. The completed forms shall be returned to the department of education for compilation, review by the educator professional standards board and the state board of education, and dissemination to Colorado teacher, principal, and administrator preparation institutions. THE DEPARTMENT OF EDUCATION SHALL PROVIDE COPIES OF THE COMPILED RESULTS OF SUCH COMPLETED FORMS TO THE MEMBERS OF THE COMMITTEES ON EDUCATION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

(3) (a)  The administrative staff of the school districts of this state shall be provided forms for the evaluation of approved programs of preparation of teachers of graduates of Colorado teacher preparation institutions employed within said school districts. SUCH EVALUATIONS SHALL INCLUDE ASSESSMENTS OF THE EXTENT TO WHICH THE TEACHER PREPARATION PROGRAMS SUFFICIENTLY ADDRESSED AND PREPARED TEACHERS TO IMPLEMENT STANDARDS­BASED EDUCATION PURSUANT TO PART 4 OF ARTICLE 7 OF THIS TITLE. Evaluation shall be completed during the first and third years of teaching as specified in subsection (1) of this section or at such other times as may be deemed appropriate by the state board of education. Such forms shall be returned to the department of education for compilation, review by the teacher and special services professional standards board and the state board of education, and dissemination to Colorado teacher preparation institutions. THE DEPARTMENT OF EDUCATION SHALL PROVIDE COPIES OF THE COMPILED RESULTS OF SUCH COMPLETED FORMS TO THE MEMBERS OF THE COMMITTEES ON EDUCATION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

(b)  This subsection (3) is repealed, effective July 1, 1999.

(4)  Effective July 1, 1999, the administrative staff of the school districts of this state shall be provided forms for the evaluation of approved programs of preparation of teachers of graduates of Colorado teacher preparation institutions employed within said school districts. SUCH EVALUATIONS SHALL INCLUDE ASSESSMENTS OF THE EXTENT TO WHICH THE TEACHER PREPARATION PROGRAMS SUFFICIENTLY ADDRESSED AND PREPARED TEACHERS TO IMPLEMENT STANDARDS­BASED EDUCATION PURSUANT TO PART 4 OF ARTICLE 7 OF THIS TITLE. Evaluations shall be completed during the first and third years of teaching as specified in subsection (2) of this section or at such other times as may be deemed appropriate by the state board of education. Such forms shall be returned to the department of education for compilation, review by the educator professional standards board and the state board of education, and dissemination to Colorado teacher preparation institutions. THE DEPARTMENT OF EDUCATION SHALL PROVIDE COPIES OF THE COMPILED RESULTS OF SUCH COMPLETED FORMS TO THE MEMBERS OF THE COMMITTEES ON EDUCATION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

SECTION 13.  22­60.5­203 (1), (2)(a), (2)(b), and (3), Colorado Revised Statutes, are amended to read:

22­60.5­203.  Assessment of professional competencies. (1)  The state board of education shall, by rule, and regulation establish areas of knowledge in which provisional teacher licensees shall possess a satisfactory level of proficiency.

(2)  The following list of areas of knowledge is a guideline to be used by the state board of education and shall not be construed as inclusive or prescriptive:

(a)  Basic skills of reading, writing, and mathematics, SPECIFICALLY IN THE CONTEXT OF THE REQUIREMENTS OF STANDARDS­BASED EDUCATION PURSUANT TO THE REQUIREMENTS OF PART 4 OF ARTICLE 7 OF THIS TITLE;

(b)  The subject matter area to be taught, SPECIFICALLY IN THE CONTEXT OF THE REQUIREMENTS OF STANDARDS­BASED EDUCATION PURSUANT TO THE REQUIREMENTS OF PART 4 OF ARTICLE 7 OF THIS TITLE;

(3)  The department of education shall develop and administer, pursuant to the rules and regulations of the state board of education, a system for the assessment of such professional competencies of applicants for provisional teacher licenses and of applicants for professional teacher licenses who do not demonstrate professional competencies prior to obtaining a provisional teacher license.

SECTION 14.  23­1­121, Colorado Revised Statutes, is amended to read:

23­1­121.  Commission directive ­ education in standards­based education. (1)  The general assembly hereby finds and declares that, in order to implement standards­based education in the public schools of this state pursuant to part 4 of article 7 of title 22, C.R.S., state­supported institutions of higher education must ensure that persons who are preparing to enter the education profession learn to practice their profession in accordance with the principles of standards­based education, as defined in section 22­7­402 (11), C.R.S., AND LEARN TEACHING METHODS THAT WILL ADVANCE THE GOALS OF STANDARDS­BASED EDUCATION.

(2)  It is therefore the intent of the general assembly that, in consultation with the state board of education, the state standards and assessments adoption and implementation council created pursuant to section 22­7­404, C.R.S., and appropriate school district boards of education, the commission adopt the necessary policies and procedures to ensure that institutions of higher education include the precepts of standards­based education, as outlined in part 4 of article 7 of title 22, C.R.S., in the curriculum for persons who are preparing to enter the teaching profession. SUCH POLICIES AND PROCEDURES SHALL INCLUDE GUIDELINES ON PROGRAMS OF TEACHING METHODOLOGY THAT HAVE DEMONSTRABLE SUCCESS IN ADVANCING THE GOALS OF STANDARDS­BASED EDUCATION. Such policies and procedures shall not limit the authority of the state board of education to evaluate and approve the programs of teacher preparation offered at Colorado institutions of higher education pursuant to section 22­2­109, C.R.S.".

Renumber succeeding sections accordingly.

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

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

HB98-1281 by Representative Pfiffner; also Senator Congrove--Concerning expansion of the privatization of bus service operations of the regional transportation district.

Amendment No. 1, Transportation and Energy Report, dated March 4, 1998, and placed in member's bill file; Report also printed in House Journal, March 6, page 840.

Amendment No. 2, Appropriations Report, dated April 3, 1998, and placed in member's bill file; Report also printed in House Journal, April 6, page 1217.

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

_______________

AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT

Representative Taylor moved to amend the Report of the Committee of the Whole to show that Amendment No. 3, by Representatives Adkins and Anderson, (printed in House Journal page 1256, lines 21-43) to HB98­1220 did not pass, and that HB98­1220, as amended, did pass.

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

YES 38 NO 23 EXCUSED 3 ABSENT 1

Adkins N

Agler N

Alexander Y

Allen N

Anderson N

Arrington N

Bacon Y

Berry, G. N

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps NFaatz N

George Y


Gordon Y

Gotlieb Y

Grampsas E

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz N

Lawrence N

Leyba Y

Mace Y

May Y

McElhany N


McPherson N

Miller Y

Morrison N

Musgrave N

Nichol Y

Owen N

Pankey N

Paschall N

Pfiffner N

Reeser Y

Romero E

Salaz N

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant N

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker N

Tupa Y

Udall Y

Veiga Y

Williams, S. ­

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker N

Representative Adkins moved to amend the Report of the Committee of the Whole to show that Amendment No. 8, by Representative Adkins (printed in House Journal page 1259, lines 21-26) to HB98­1267, did not pass and that HB98­1267, as amended, did pass.

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

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas E

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

Representative Adkins moved to amend the Report of the Committee of the Whole to show that Amendment No. 8, by Representative Adkins (printed in House Journal page 1259, lines 14-19) to HB98­1267 did not pass, and that HB98­1267, as amended, did pass.

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

YES 62 NO 0 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington Y

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean Y

Dyer YEntz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas E

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave Y

Nichol Y

Owen Y

Pankey Y

Paschall Y

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB98-1220 amended, 1267 amended, 1281 amended.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 58 NO 4 EXCUSED 3 ABSENT 0

Adkins Y

Agler Y

Alexander Y

Allen Y

Anderson Y

Arrington N

Bacon Y

Berry, G. Y

Chavez Y

Clarke Y

Dean N

Dyer Y

Entz Y

Epps Y

Faatz Y

George Y


Gordon Y

Gotlieb Y

Grampsas E

Grossman Y

Hagedorn Y

Hefley Y

Johnson Y

June Y

Kaufman Y

Keller Y

Kreutz Y

Lawrence Y

Leyba Y

Mace Y

May Y

McElhany Y


McPherson Y

Miller Y

Morrison Y

Musgrave N

Nichol Y

Owen Y

Pankey Y

Paschall N

Pfiffner Y

Reeser Y

Romero E

Salaz Y

Saliman Y

Schauer Y

Sinclair Y

Smith Y


Snyder Y

Spradley Y

Sullivant Y

Swenson Y

Takis Y

Tate E

Taylor Y

Tool Y

Tucker Y

Tupa Y

Udall Y

Veiga Y

Williams, S. Y

Williams, T. Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

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

HB98-1408 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

SECTION 10  Part 1 of article 20 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­20­108.5.  Materials used for agricultural production ­ exemption ­ legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE FEDERAL GOVERNMENT HAS EXTENDED FEDERAL HAZARDOUS MATERIALS RULES TO AGRICULTURAL PRODUCERS IN 49 C.F.R. 173.5 IN A WAY THAT WOULD BE UNDULY BURDENSOME TO AGRICULTURE WITHOUT CONTRIBUTING SIGNIFICANTLY TO PUBLIC SAFETY. THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT THE FEDERAL RULES GIVE EXPLICIT AUTHORITY TO THE STATES TO EXEMPT THEMSELVES FROM THE FEDERAL RULES, AND THAT THIS SECTION IS INTENDED TO EXEMPT COLORADO AGRICULTURE FROM SUCH RULES. THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT IT IS IMPERATIVELY NECESSARY FOR THE CHIEF TO ADOPT THE RULES REQUIRED BY THIS SECTION IN TIME TO MEET THE DEADLINE IMPOSED BY THE FEDERAL RULES.

(2)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "AGRICULTURAL PRODUCT" MEANS A HAZARDOUS MATERIAL,

OTHER THAN HAZARDOUS WASTE, WHOSE END USE DIRECTLY SUPPORTS THE PRODUCTION OF AN AGRICULTURAL COMMODITY INCLUDING, BUT NOT LIMITED TO, A FERTILIZER, PESTICIDE, SOIL AMENDMENT, OR FUEL. AN AGRICULTURAL PRODUCT IS LIMITED TO A MATERIAL IN CLASS 3, 8, OR 9, DIVISION 2.1, 2.2, 5.1, OR 6.1, OR AN ORM­D MATERIAL AS SET FORTH IN 49 C.F.R. 172 AND 173.

(b)  "FARMER" MEANS A PERSON OR SUCH PERSON'S AGENT OR CONTRACTOR ENGAGED IN THE PRODUCTION OR RAISING OF CROPS, POULTRY, OR LIVESTOCK.

(3)  THE TRANSPORTATION OF AN AGRICULTURAL PRODUCT OTHER THAN A CLASS 2 MATERIAL, AS SUCH TERM IS USED IN 49 C.F.R. 172 AND 173, OVER LOCAL ROADS BETWEEN FIELDS OF THE SAME FARM, IS EXCEPTED FROM THE REQUIREMENTS OF THIS PART 1 WHEN IT IS TRANSPORTED BY A FARMER WHO IS AN INTRASTATE PRIVATE MOTOR CARRIER AND THE MOVEMENT OF THE AGRICULTURAL PRODUCT CONFORMS TO RULES OF THE CHIEF, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE REGARDING SUCH MOVEMENT.  THE CHIEF SHALL, IN CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE, PROMULGATE RULES AND REGULATIONS PURSUANT TO SECTION 24­4­103, C.R.S., FOR THE INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS.

(4)  THE TRANSPORTATION OF AN AGRICULTURAL PRODUCT TO OR FROM A FARM, WITHIN ONE HUNDRED FIFTY MILES OF SUCH FARM, IS EXCEPTED FROM THE EMERGENCY RESPONSE INFORMATION AND TRAINING REQUIREMENTS IN SUBPARTS G AND H OF 49 C.F.R. 172, AND THIS ARTICLE WHEN:

(a)  IT IS TRANSPORTED BY A FARMER WHO IS AN INTRASTATE PRIVATE MOTOR CARRIER;

(b)  THE TOTAL AMOUNT OF AGRICULTURAL PRODUCT BEING TRANSPORTED ON A SINGLE VEHICLE DOES NOT EXCEED:

(I)  SEVEN THOUSAND THREE HUNDRED KILOGRAMS OR SIXTEEN THOUSAND NINETY­FOUR POUNDS OF AMMONIUM NITRATE FERTILIZER PROPERLY CLASSED AS DIVISION 5.1.PG III IN A BULK PACKAGING; OR

(II)  ONE THOUSAND NINE HUNDRED LITERS OR FIVE HUNDRED TWO GALLONS FOR LIQUIDS OR GASSES, OR TWO THOUSAND THREE HUNDRED KILOGRAMS OR FIVE THOUSAND SEVENTY POUNDS FOR SOLIDS OF ANY OTHER AGRICULTURAL PRODUCT;

(c)  THE PACKAGING CONFORMS TO RULES ADOPTED BY THE CHIEF IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE. SUCH RULES SHALL BE ADOPTED BY SEPTEMBER 30, 1998. SUCH PRODUCTS ARE HEREBY AUTHORIZED FOR TRANSPORTATION.

(d)  EACH PERSON HAVING ANY RESPONSIBILITY FOR TRANSPORTING THE AGRICULTURAL PRODUCT FOR SHIPMENT PURSUANT TO THIS SUBSECTION (4) IS INSTRUCTED IN THE APPLICABLE REQUIREMENTS OF THIS SECTION.

(5) THE RULES AND REGULATIONS ADOPTED BY THE CHIEF PURSUANT TO THIS SECTION SHALL BE NO MORE STRINGENT THAN THE FEDERAL STATUTES OR REGULATIONS REQUIRE.

(6)  ANY RULES AND REGULATIONS REQUIRED TO BE ADOPTED BY THE CHIEF PURSUANT TO THIS SECTION SHALL BE PROMULGATED NO LATER THAN SEPTEMBER 30, 1998. IF THE CHIEF FINDS THAT SUCH RULES CANNOT BE PROMULGATED BY THAT DATE PURSUANT TO THE REGULAR RULE-MAKING PROCESS SET FORTH IN SECTION 24­4­103, C.R.S., THE CHIEF SHALL ADOPT TEMPORARY OR EMERGENCY RULES PURSUANT TO SECTION 24­4­103 (6).

(7)  THE CHIEF SHALL SEND A COPY OF THE NOTIFICATION OF PROPOSED RULE­MAKING FOR RULES ADOPTED PURSUANT TO THIS SECTION, INCLUDING TEMPORARY OR EMERGENCY RULE­MAKING SENT PURSUANT TO SECTION 24­4­103 (3) (b), C.R.S., TO THE OFFICE OF LEGISLATIVE LEGAL SERVICES.

SECTION 20  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.".

HB98­1409 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 18, after "INDIVIDUALS", insert ", AT LEAST THREE OF WHICH ARE FROM THE WESTERN SLOPE,";

line 24, strike "COLORADO;" and substitute "COLORADO, ONE OF WHOM IS FROM THE WESTERN SLOPE;";

line 26, strike "COLORADO;" and substitute "COLORADO, ONE OF WHOM IS FROM THE WESTERN SLOPE;".

Page 3, line 11, strike "THE AGRICULTURAL COMMUNITY." and substitute "AGRICULTURAL PRODUCERS.";

after line 21, insert the following:

"(IV)  EVERY EFFORT SHALL BE MADE BY THE DIRECTOR TO APPOINT MEMBERS FROM ALL GEOGRAPHIC AREAS OF THE STATE.".

Page 4, line 10, strike "THE AGRICULTURAL" and substitute "AGRICULTURAL";

line 11, strike "COMMUNITY" and substitute "PRODUCERS".

Page 5, line 6, strike "CERTIFIED AS";

line 7, strike "PLAN BEFORE ANY" and substitute "PLAN.";

strike line 8;

line 9, after "TO BE" insert "A";

line 14, strike "2005" and substitute "2001";

line 22, strike "2005" and substitute "2001".

Page 6, line 8, strike "_______ dollars ($ )" and substitute "two thousand dollars ($2,000)".



LOCAL GOVERNMENT

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

HB98-1404 be postponed indefinitely.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB98-1010 and 1142.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, the following items on the Calendar were laid over until April 13, retaining place on Calendar:

Consideration of Conference Committee Reports--HB98-1015, 1130, SB98-76.

Consideration of Resolutions--HJR98-1011, 1021, 1020, 1026, 1027, 1028, 1029, 1030, SJR98-20.

Consideration of Memorial--HJM98-1001.

Consideration of Senate Amendments--HB98-1012, 1312, 1128, 1016, 1159.

_________

On motion of Representative Anderson, consideration of General Orders on the Calendar for Friday, April 10 (HB98-1133, 1202, 1255, 1387, 1403) were laid over until April 13, retaining place on Calendar

_______________

On motion of Representative Anderson, the House adjourned until 10:00 a.m., April 13, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk