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HOUSE JOURNAL

SIXTY-FIRST GENERAL ASSEMBLY

STATE OF COLORADO

Second Regular Session

Thirty-sixth Legislative Day Wednesday, February 11, 1998

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.

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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.

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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.

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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.

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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