Prayer by Pastor Stephen Swanson, St.
Paul's Lutheran Church, Denver.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--65.
The Speaker declared a quorum present.
_______________
On motion of Representative Grossman, the reading of the journal of February 10, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEES OF REFERENCE
BUSINESS AFFAIRS AND LABOR
After consideration on the merits, the Committee
recommends the following:
HB98-1058 be amended
as follows, and as so amended, be referred to the Committee on
Finance with favorable recommendation:
Amend printed bill, page 4, line 20, strike "COLORADO."
and substitute the following:
"COLORADO; EXCEPT THAT NO FACILITY THAT APPLIES
FOR THE PROGRAM AND IS PART OF A CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP, MUNICIPALITY, COUNTY, CITY AND COUNTY, OR SPECIAL
DISTRICT THAT HAS OTHER COLORADO FACILITIES SHALL BE ELIGIBLE
FOR THE PROGRAM UNLESS ALL OF THE SAID COLORADO FACILITIES ARE
IN COMPLIANCE WITH APPLICABLE COLORADO AND FEDERAL ENVIRONMENTAL
LAWS AND REGULATIONS.".
Page 5, strike line 15 and substitute the following:
"(a) NOTICES OF VIOLATIONS THAT ARE PRONE TO
CAUSE SIGNIFICANT IMPACT".
Page 12, line 25, strike "ANNUALLY;"
and substitute the following:
"ANNUALLY TO INCLUDE, BUT NOT BE LIMITED TO:
(I) STATE OF COLORADO PREFERRED VENDOR
STATUS;
(II) AWARDS;
(III) PUBLIC ANNOUNCEMENTS; AND
(IV) NEWS RELEASES.".
Page 15, line 4, strike "TO SMALL- OR MEDIUM-SIZED
ENTITIES";
strike lines 22 and 23 and substitute the following:
"PROGRAM CREATED PURSUANT TO THIS SECTION; EXCEPT
THAT FUNDS SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY".
Page 16, strike lines 13 through 19;
line 20, strike "(c)" and substitute "(b)".
HB98-1159 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 2 through
10 and substitute the following:
"(2) (a) FOR CLAIMS OF LESS
THAN SEVENTYFIVE THOUSAND DOLLARS, such a settlement shall
be in writing and shall be signed by a representative of the employer
or insurer and signed and sworn to by the injured employee.
(b) FOR CLAIMS OF SEVENTYFIVE THOUSAND
DOLLARS OR MORE, SUCH A SETTLEMENT SHALL BE IN WRITING AND SHALL
BE SIGNED BY THE EMPLOYER OR, WITH WRITTEN CONSENT OF THE EMPLOYER,
THE INSURER AND SIGNED AND SWORN TO BY THE INJURED EMPLOYEE. IF
AN EMPLOYER DOES NOT SIGN OR REJECT IN WRITING A WRITTEN SETTLEMENT
AGREEMENT UNDER THIS PARAGRAPH (b) WITHIN THIRTY DAYS AFTER THE
MAILING OF SUCH A DOCUMENT, THE SETTLEMENT AGREEMENT SHALL BE
DEEMED APPROVED BY THE EMPLOYER. AN EMPLOYER MAY WAIVE THE RIGHT
TO SIGN A SETTLEMENT AGREEMENT AND PERMIT THE INSURER TO SIGN
THE AGREEMENT PURSUANT TO THIS SECTION IF THE EMPLOYER EXECUTES
A WRITTEN CONSENT TO THAT EFFECT AT THE TIME OF POLICY ISSUANCE
OR RENEWAL.".
HB98-1199 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 8 and 9 and substitute the following:
"of one and onehalf times the regular
rate of pay may be permitted by the
director under conditions ONLY AS
PRESCRIBED BY THE FEDERAL "FAIR LABOR STANDARDS ACT OF
1938", 29 U.S.C. SEC. 213, and rules and
MAY BE PROMULGATED for increased minimum wages";
line 15, strike "FROM" and substitute "AND";
line 16, before "RECOGNIZED", insert "PROVISIONS".
HB98-1244 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 21, line 1, strike "OF"
and substitute "OR".
HB98-1259 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 17 through
21 and substitute the following:
"(b) (I) IMPOSE A FINE OF NOT
MORE THAN FIVE HUNDRED DOLLARS FOR EVERY DAY THAT THE EMPLOYER
FAILS OR HAS FAILED TO INSURE OR TO KEEP THE INSURANCE REQUIRED
BY ARTICLES 40 TO 47 OF THIS TITLE IN FORCE, OR ALLOWS OR HAS
ALLOWED THE INSURANCE TO LAPSE, OR FAILS OR HAS FAILED TO EFFECT
A RENEWAL OF SUCH COVERAGE; EXCEPT THAT THE DIRECTOR SHALL NOT
IMPOSE A FINE THAT EXCEEDS THE ANNUAL COST OF THE INSURANCE PREMIUM
THAT WOULD HAVE BEEN CHARGED FOR SUCH EMPLOYER.
(II) ANY FINE IMPOSED PURSUANT TO SUBPARAGRAPH
(I) OF THIS SUBSECTION (1) SHALL BE IMPOSED ONLY FOR THOSE DAYS
THAT OCCUR AFTER THE EMPLOYER RECEIVES A NOTICE FROM THE DIRECTOR
THAT THE EMPLOYER HAS FAILED TO INSURE OR TO KEEP IN FORCE THE
INSURANCE REQUIRED BY ARTICLES 40 TO 47 OF THIS TITLE, OR HAS
ALLOWED THE INSURANCE TO LAPSE, OR HAS FAILED TO EFFECT A RENEWAL
OF SUCH COVERAGE.
(III) THE DIRECTOR SHALL SUSPEND ANY FINE IMPOSED
PURSUANT TO THIS PARAGRAPH (b) IF THE EMPLOYER PROVIDES PROOF
SUITABLE TO THE DIRECTOR THAT THE EMPLOYER HAS IN FORCE INSURANCE
FOR SO LONG AS THE EMPLOYER HAS ANY OBLIGATION UNDER ARTICLES
40 TO 47 OF THIS TITLE, AND IS NOT OTHERWISE IN VIOLATION OF ARTICLES
40 TO 47.".
HB98-1297 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 7 through
9 and substitute the following:
"(c) (II) In the case of a Lloyd's
plan or other similar unincorporated group of individual insurers,
or a combination of".
HB98-1306, 1365
be referred to the Committee of the Whole with favorable recommendation.
EDUCATION
After consideration on the merits, the Committee
recommends the following:
HB98-1089 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 3, strike lines 14 through
18.
Page 4, strike lines 16 through 20.
Reletter succeeding paragraphs accordingly.
Page 5, line 20, strike "(a)".
Page 6, strike lines 7 through 16;
line 19, strike "A NEW SUBSECTION," and
substitute "THE FOLLOWING NEW SUBSECTIONS,".
Page 7, strike lines 20 through 26 and substitute
the following:
"TEACHERS RECEIVE AT LEAST TWO DOCUMENTED OBSERVATIONS
AND ONE EVALUATION THAT RESULTS IN A WRITTEN EVALUATION REPORT
PURSUANT TO SUBSECTION (3) OF THIS SECTION EACH ACADEMIC YEAR
AND THAT NONPROBATIONARY TEACHERS RECEIVE AT LEAST ONE OBSERVATION
EACH YEAR AND ONE EVALUATION THAT RESULTS IN A WRITTEN EVALUATION
REPORT PURSUANT TO SUBSECTION (3) OF THIS SECTION EVERY THREE
YEARS.".
Page 8, strike line 1;
line 12, strike "personnel AND PROVIDING A BENCHMARK"
and substitute "personnel; and";
strike lines 13 through 15;
line 25, strike "BUT SHALL NOT BE LIMITED TO"
and substitute "MULTIPLE MEASURES OF".
Page 9, strike lines 14 through 26 and substitute the following:
"(3) An evaluation report shall be
issued upon the completion of an evaluation made pursuant to this
section and shall:
(a) Be in writing;
(b) Contain a written improvement plan,
which
THAT shall be specific as to what improvements, if any, are needed
in the performance of the certificated personnel and shall clearly
set forth recommendations for improvements, including recommendations
for additional education and training during the teacher's recertification
process;
(c) Be specific as to the strengths and
weaknesses in the performance of the individual being evaluated;
(d) Specifically identify when a direct
observation was made;
(e) Identify data sources;
(f) Be discussed and be signed by the
evaluator and the person being evaluated, each to receive a copy
of the report. The signature on the report of any person shall
not be construed to indicate agreement with the information contained
in the report. IF THE PERSON BEING EVALUATED DISAGREES WITH ANY
OF THE CONCLUSIONS OR RECOMMENDATIONS MADE IN THE EVALUATION REPORT,
THE PERSON MAY ATTACH ANY WRITTEN EXPLANATION OR OTHER RELEVANT
DOCUMENTATION THAT THE PERSON DEEMS NECESSARY.
(g) Be reviewed by a supervisor of the
evaluator, whose signature shall also appear on said report.
(3.2) IN ADDITION TO THE ITEMS SPECIFIED
IN SUBSECTION (3) OF THIS SECTION, THE EVALUATION OF A TEACHER
MAY INCLUDE ANY PEER, PARENT, OR STUDENT INPUT OBTAINED FROM STANDARDIZED
SURVEYS.".
Strike page 10.
Page 11, strike lines 1 through 12;
line 14, strike "ACCURATE";
strike lines 16 through 23 and substitute the following:
"EACH PRINCIPAL AND ADMINISTRATOR WHO IS RESPONSIBLE
FOR EVALUATING CERTIFICATED PERSONNEL SHALL BE EVALUATED AS TO
HOW WELL HE OR SHE CARRIES OUT THE EVALUATION RESPONSIBILITIES
UNDER THE SCHOOL DISTRICT'S EVALUATION SYSTEM.".
HB98-1090 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 2 through
12.
Page 3, strike lines 1 through 10.
Renumber succeeding sections accordingly.
Page 3, line 18, strike "such teacher,"
and substitute "such teacher,
THE CHIEF ADMINISTRATIVE OFFICER,";
line 19, strike "be given" and substitute
"be given
MAIL";
line 20, strike "dismiss." and substitute
"dismiss TO THE TEACHER.".
Page 4, line 18, strike "HE OR SHE is"
and substitute "is";
strike line 19 and substitute the following:
"suspended until
a decision is rendered by the board
RECEIVED THE DISMISSAL RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE
OFFICER PURSUANT TO SUBSECTION (2) OF THIS SECTION UNTIL THE BOARD
ACTS ON THE HEARING OFFICER'S RECOMMENDATION pursuant to subsection";
strike line 21 and substitute the following:
"ONE HUNDRED days.".
Page 5, line 15, after "(5)", insert "(a)";
line 16, before "HEARING,", insert "PREHEARING
CONFERENCE AND THE DATE OF THE";
line 17, strike "DAYS, AND" and substitute
"DAYS. THE HEARING OFFICER";
strike line 19 and substitute the following:
"notice of the date
DATES FOR THE PREHEARING CONFERENCE AND for the hearing including
the time and the place";
after line 21, insert the following:
"(b) ONE OF THE PURPOSES OF THE PREHEARING
CONFERENCE SHALL BE TO LIMIT, TO THE EXTENT POSSIBLE, THE AMOUNT
OF EVIDENCE TO BE PRESENTED AT THE HEARING.
(c) THE PARTIES AND THEIR COUNSEL SHALL
BE REQUIRED TO ATTEND THE PREHEARING CONFERENCE WITH THE HEARING
OFFICER.".
Page 6, line 3, strike "ON" and substitute
"AFTER";
strike lines 18 through 21 and substitute the following:
"in the cost of transcribing the record; EXCEPT
THAT, IF A PARTY IS AWARDED ATTORNEY FEES AND COSTS PURSUANT TO
PARAGRAPH (e) OF SUBSECTION (10) OF THIS SECTION, THAT PARTY SHALL
BE REIMBURSED FOR THAT PARTY'S SHARE OF THE TRANSCRIPT COSTS BY
THE PARTY AGAINST WHOM ATTORNEY FEES AND COSTS WERE AWARDED.";
line 23, strike "EIGHT" and substitute
"SIX";
strike line 26, and substitute the following:
"shall have more than five
THREE days to present its case in chief. NEITHER PARTY MAY PRESENT
MORE THAN TEN WITNESSES AT THE HEARING, EXCEPT UPON A SHOWING
OF GOOD CAUSE.".
Page 8, strike lines 12 through 18;
line 19, strike "(b)
(c)" and substitute "(b)";
line 26, strike "(c)
(d)" and substitute "(c)".
Page 9, line 12, strike "(d)
(e)" and substitute "(d)";
strike lines 15 through 20 and substitute the following:
"(e) UPON REQUEST OF THE TEACHER,
IF THE TEACHER IS ORDERED REINSTATED BY THE COURT OF APPEALS,
OR UPON REQUEST OF THE BOARD, IF THE BOARD'S DECISION TO DISMISS
THE TEACHER IS AFFIRMED BY THE COURT OF APPEALS, THE COURT OF
APPEALS SHALL DETERMINE WHETHER THE NONPREVAILING PARTY'S APPEAL
OR DEFENSE ON APPEAL LACKED SUBSTANTIAL JUSTIFICATION. IF THE
COURT OF APPEALS DETERMINES THAT THE NONPREVAILING PARTY'S APPEAL
OR DEFENSE ON APPEAL LACKED SUBSTANTIAL JUSTIFICATION, THE COURT
OF APPEALS SHALL DETERMINE THE AMOUNT OF AND ENTER A JUDGMENT
AGAINST THE NONPREVAILING PARTY FOR REASONABLE ATTORNEY FEES AND
COSTS INCURRED ON APPEAL TO THE COURT OF APPEALS. ANY JUDGMENT
ENTERED PURSUANT TO THIS PARAGRAPH (e) MAY BE SUBJECT TO STAY
AS PROVIDED IN RULE 41.1 OF THE COLORADO APPELLATE RULES.";
line 21, strike "(e)
(g)" and substitute "(e)
(f)";
strike lines 23 through 26, and substitute the following:
"in the discretion of the supreme court. UPON
REQUEST OF THE TEACHER, IF THE TEACHER IS ORDERED REINSTATED BY
THE SUPREME COURT, OR UPON MOTION OF THE BOARD, IF THE BOARD'S
DECISION TO DISMISS IS AFFIRMED BY THE SUPREME COURT, THE SUPREME
COURT SHALL DETERMINE WHETHER THE NONPREVAILING PARTY'S APPEAL
OR DEFENSE ON APPEAL TO THE SUPREME COURT LACKED SUBSTANTIAL JUSTIFICATION.
IF THE SUPREME COURT DETERMINES THAT THE NONPREVAILING PARTY'S
APPEAL OR DEFENSE ON APPEAL TO THE SUPREME COURT LACKED SUBSTANTIAL
JUSTIFICATION, THE COURT SHALL DETERMINE THE AMOUNT OF AND ENTER
A JUDGMENT AGAINST THE NONPREVAILING PARTY FOR REASONABLE ATTORNEY
FEES AND COSTS INCURRED ON APPEAL TO THE SUPREME COURT. ANY JUDGMENT
ENTERED PURSUANT TO THIS PARAGRAPH (e) MAY BE SUBJECT TO STAY
AS PROVIDED IN RULE 41.1 OF THE COLORADO APPELLATE RULES.".
Strike page 10.
Page 11, strike line 1.
Renumber succeeding sections accordingly.
HB98-1174, 1298
be postponed indefinitely.
HB98-1209 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 9 through
26.
Page 3, strike lines 1 through 19.
Renumber succeeding sections accordingly.
Page 10, after line 9, insert the following:
"SECTION 6. 2260.5306 (1)
(a) (I), Colorado Revised Statutes, is amended to read:
2260.5306. Types of administrator
licenses issued term. (1) The
department of education is designated as the sole agency authorized
to issue the following types of administrator licenses to persons
of good moral character:
(a) Provisional administrator license.
(I) The department of education, in its discretion,
may issue a provisional administrator license to any applicant
who:
(A) Holds an earned baccalaureate degree
from an accepted institution of higher education;
(B) Has completed an approved program
of preparation for administrators;
(C) Has demonstrated professional competencies
in subject areas as specified by rule and regulation of the state
board of education pursuant to section 2260.5308 OR
HAS EVIDENCE OF THREE YEARS OF EXPERIENCE AS A CHIEF EXECUTIVE
OFFICER OF A SCHOOL DISTRICT.".
Renumber succeeding sections accordingly.
HB98-1240 be referred
to the Committee of the Whole with favorable recommendation.
HB98-1247 be amended
as follows, and as so amended, be referred to the Committee of
the Whole with favorable recommendation:
Amend printed bill, page 5, line 3, strike "MEET
WITH HIS OR HER SUPERVISOR" and substitute "HAVE AN
OPPORTUNITY";
line 24, strike "ADDITIONAL".
Page 6, line 6, strike "IDENTIFICATION OF";
line 12, strike "THE TERMS OF THE CONTRACT AND"
and substitute "AND DISCUSS";
line 13, strike "SPECIFICALLY";
line 14, strike "BOTH THE CONTRACT AND";
strike lines 15 and 16.
HB98-1267 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 9, strike line 10 and substitute the following:
"INVOLVING PARENTS, THE BUSINESS COMMUNITY,
AND OTHER INTERESTED CITIZENS;".
Page 20, strike lines 15 through 20 and substitute
the following:
"SECTION 10. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.".
Page 1, line 101, strike "REFORMS, AND MAKING
AN APPROPRIATION" and substitute "REFORMS.";
strike line 102.
HB98-1296 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 21, after "COMMUNITY-BASED",
insert "OR SCHOOL";
line 26, strike "PARTNERSHIP FOR".
Page 3, line 1, strike "COMMUNITY DEVELOPMENT
IN THE";
line 17, strike "RESULTORIENTED CRITERIA"
and substitute "BENCHMARK INDICATORS".
Page 6, line 3, strike "TEACHERS; AND"
and substitute "TEACHERS;";
after line 3, insert the following:
"(F) A REPRESENTATIVE OF THE PUBLIC
LIBRARIES; AND";
line 4, strike "(F)" and substitute "(G)";
line 24, strike "JANUARY" and substitute "JULY".
LOCAL GOVERNMENT
After consideration on the merits, the Committee
recommends the following:
HB981200
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 17, line 26, after "(f)",
insert "(I)".
Page 18, line 2, strike "(I)" and substitute
"(A)";
line 4, strike "(II)" and substitute "(B)";
line 6, strike "(III)" and substitute "(C)";
after line 6, insert the following:
"(II) NO REVENUE COLLECTED FROM THE
MARKETING AND PROMOTION TAX LEVIED UNDER SECTION 2925112
MAY BE USED FOR ANY CAPITAL EXPENDITURES, WITH THE EXCEPTION OF
TOURIST INFORMATION CENTERS.".
HB98-1326 be amended
as follows, and as so amended, be referred to the Committee on
Appropriations with favorable recommendation:
Amend printed bill, page 3, line 1, strike "SECTION,
___ PERCENT SHALL" and substitute "SECTION, THIRTY-THREE
AND ONE-THIRD PERCENT SHALL";
line 2, strike "CENTRAL, ___" and substitute
"CENTRAL, THIRTY-THREE AND ONE-THIRD";
line 4, strike "HAWK, AND ___" and
substitute "HAWK, AND THIRTY-THREE AND ONE-THIRD".
STATE, VETERANS AND MILITARY AFFAIRS
After consideration on the merits, the Committee
recommends the following:
HB98-1260, 1302
be referred to the Committee of the Whole with favorable recommendation.
HB98-1286, 1316
be postponed indefinitely.
HB981312
be amended as follows, and as so amended, be referred to the Committee
of the Whole with favorable recommendation:
Amend printed bill, page 4, strike line 26.
Page 5, strike line 1 and substitute the following:
"GUARANTEED. EACH AGENCY SHALL ESTABLISH AN
EFFECTIVE DATE FOR ITS PERFORMANCE AWARDS BASED ON THE AGENCY'S
BUSINESS NEEDS AND AVAILABLE APPROPRIATIONS SO LONG AS THE AGENCY'S
APPROPRIATION REQUESTS RELATED TO SUCH PERFORMANCE AWARDS FOR
THE NEXT FISCAL YEAR ARE NO GREATER THAN THE AGENCY WOULD HAVE
REQUESTED BEFORE ESTABLISHING THE EFFECTIVE DATE.".
HCR98-1004 be referred to the Committee of the Whole with favorable recommendation.
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, the following
items on the Calendar were laid over until February 12, retaining
place on Calendar:
Consideration of General Orders--HB98-1060, 1179, 1110, 1021, 1203, 1039, 1067, 1097, 1112, 1130, 1150, 1162, 1132, 1230, 1040, 1104, 1116, 1183, 1164, 1171, 1231, 1249, 1261, 1170, 1251, 1253, 1140, 1154, 1235, 1019, 1226, 1053, 1229, 1245, 1207, 1215, 1224, 1007, 1018, 1028, 1144, 1178, 1331, 1033, 1317, 1204, 1359, HCR98-1005, HB98-1273, 1304, 1012, 1014, HCR98-1002, HB98-1005, 1065, 1100, 1152, 1228, 1266, 1272.
Consideration of Resolutions--HJR98-1010, 1004.
Consideration of Senate Amendments--HB98-1043.
_______________
On motion of Representative Anderson, the House adjourned
until 9:00 a.m., February 12, 1998.
Approved:
CHARLES E. BERRY,
Speaker
Attest:
JUDITH RODRIGUE,
Chief Clerk