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-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

Seventy-first Legislative Day Wednesday, March 17, 1999

Prayer by Rabbi Yaakov Chaitovsky, BMH-BJ Congregation, Denver.

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

The roll was called with the following result:

Present--64.

Absent and excused--Representative Hoppe--1.

The Speaker declared a quorum present.

_______________

On motion of Representative Mitchell, the reading of the journal of March 16, 1999, was dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

JUDICIARY

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

SB99-106 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

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

"SECTION 10  Part 1 or article 9 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­9­124.  Hazing ­ penalties ­ legislative declaration. (1) (a)  THE GENERAL ASSEMBLY FINDS THAT, WHILE SOME FORMS OF INITIATION CONSTITUTE ACCEPTABLE BEHAVIOR, HAZING SOMETIMES DEGENERATES INTO A DANGEROUS FORM OF INTIMIDATION AND DEGRADATION. THE GENERAL ASSEMBLY ALSO RECOGNIZES THAT ALTHOUGH CERTAIN CRIMINAL STATUTES COVER THE MORE EGREGIOUS HAZING ACTIVITIES, OTHER ACTIVITIES THAT MAY NOT BE COVERED BY EXISTING CRIMINAL STATUTES MAY THREATEN THE HEALTH OF STUDENTS OR, IF NOT STOPPED EARLY ENOUGH, MAY ESCALATE INTO SERIOUS INJURY.

(b)  IN ENACTING THIS SECTION, IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY TO CHANGE THE PENALTY FOR ANY ACTIVITY THAT IS COVERED BY ANY OTHER CRIMINAL STATUTE. IT IS RATHER THE INTENT OF THE GENERAL ASSEMBLY TO DEFINE HAZING ACTIVITIES NOT COVERED BY ANY OTHER CRIMINAL STATUTE.

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

(a)  "HAZING" MEANS ANY ACTIVITY BY WHICH A PERSON RECKLESSLY ENDANGERS THE HEALTH OR SAFETY OF OR CAUSES A RISK OF BODILY INJURY TO AN INDIVIDUAL FOR PURPOSES OF INITIATION OR ADMISSION INTO OR AFFILIATION WITH ANY STUDENT ORGANIZATION; EXCEPT THAT "HAZING" DOES NOT INCLUDE CUSTOMARY ATHLETIC EVENTS OR OTHER SIMILAR CONTESTS OR COMPETITIONS, OR AUTHORIZED TRAINING ACTIVITIES CONDUCTED BY MEMBERS OF THE ARMED FORCES OF THE STATE OF COLORADO OR THE UNITED STATES.

(b)  "HAZING" INCLUDES BUT IS NOT LIMITED TO:

(I)  FORCED AND PROLONGED PHYSICAL ACTIVITY;

(II)  FORCED CONSUMPTION OF ANY FOOD, BEVERAGE, MEDICATION OR CONTROLLED SUBSTANCE, WHETHER OR NOT PRESCRIBED, IN EXCESS OF THE USUAL AMOUNTS FOR HUMAN CONSUMPTION OR FORCED CONSUMPTION OF ANY SUBSTANCE NOT GENERALLY INTENDED FOR HUMAN CONSUMPTION;

(III)  PROLONGED DEPRIVATION OF SLEEP, FOOD, OR DRINK; OR

(IV)  THREATENING OR INTIMIDATING A PERSON WITH RETRIBUTION SUCH AS SOCIAL OSTRACISM, SHAME, OR DISGRACE.

(3)  IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN HAZING.

(4)  ANY PERSON WHO VIOLATES SUBSECTION (3) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR.

SECTION 20  Effective date ­ applicability. This act shall take effect July 1, 1999, and shall apply to offenses committed on or after said date.

SECTION 30  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.".

SB99-143 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 10, strike "PROPERTY; OR" and substitute "PROPERTY AND IS INJURED AS A RESULT OF SUCH DECEPTIVE TRADE PRACTICE; OR";

strike lines 20 through 25.

Page 3, strike lines 1 through 12, and substitute the following:

"(a)  Three times THE GREATER OF:

(I)  The amount of actual damages sustained; or

(II)  two hundred fifty FIVE HUNDRED dollars; whichever is greater; and OR

(III)  IN THE CASE OF FRAUDULENT, KNOWING, INTENTIONAL, OR WILLFUL CONDUCT ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE, PUNITIVE DAMAGES IN AN AMOUNT EQUAL TO THREE TIMES THE AMOUNT OF ACTUAL DAMAGES SUSTAINED; PLUS

(b)  In the case of any successful action to enforce said liability, the costs of the action together with reasonable attorney fees as determined by the court.

(2.5)  Notwithstanding the provisions of subsection (2) of this section, in the case of any violation of section 6­1­105 (1) (qq) 6-1-609, in addition to interest, costs of the action, and reasonable attorney fees as determined by the court, the prevailing party shall be entitled only to damages in an amount sufficient to refund moneys actually paid for a manufactured home not delivered in accordance with the provisions of section 6­1­105 (1) (qq) 6-1-609.".

Page 4, strike lines 4 through 10, and substitute the following:

"(a)  "Audiologist" means an individual who holds a master's or doctoral degree in audiology, who has passed an examination conducted under the auspices of the American speech­language­hearing association or an equivalent examination, and who has obtained a certificate of competency in audiology from a nationally recognized certification agency IS REGISTERED AS AN AUDIOLOGIST PURSUANT TO PART 1 OF ARTICLE 5.5 OF TITLE 12, C.R.S., or who has been certified as a school audiologist by the Colorado department of education pursuant to section 22­60­104, C.R.S.";

strike lines 24 and 25, and substitute the following:

"(c) (d)  "Hearing aid dealer" means any person engaged in the practice of dispensing, fitting, or dealing in hearing aids AN INDIVIDUAL WHO IS REGISTERED AS A HEARING AID DEALER PURSUANT TO PART 2 OF ARTICLE 5.5 OF TITLE 12, C.R.S.".

Page 31, line 6, after "GENERAL", insert "OR DISTRICT ATTORNEY";

line 13, after "GENERAL", insert "OR DISTRICT ATTORNEY";

line 26, after "GENERAL", insert "OR DISTRICT ATTORNEY".

Page 35, line 17, strike "This" and substitute "Sections 2 through 16 of this";

line 19, after the period, add "Section 2 of this act shall take effect upon passage and shall apply to civil actions commenced on or after said date.".

Page 1, line 105, strike "EXEMPTING CERTAIN SALES OF REALTY,".

STATE, VETERANS AND MILITARY AFFAIRS

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

HB99-1333 be referred to the Committee on Appropriations with favorable recommendation.

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SIGNING OF BILLS - RESOLUTIONS - MEMORIALS

The Speaker has signed: HB99-1259; SB99-002, 010, 031, 037.

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DELIVERY OF BILL TO GOVERNOR

The Chief Clerk of the House of Representatives reports the following bill has been delivered to the Office of the Governor: HB99-1275 at 11:15 a.m. on March 16, 1999.

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MESSAGES FROM THE SENATE

Mr. Speaker:

Pursuant to the request of the House, HB99-1209 is returned herewith.

_________

The Senate has postponed indefinitely and returns herewith: HB99­1044.

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INTRODUCTION OF RESOLUTION

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

HJR99-1014 by Representatives Stengel, Dean, George, Fairbank, Gagliardi, Gotlieb, Hagedorn, Kester, Lee, May, McKay, Miller, Nunez, Pfiffner, Sinclair, Spence, Swenson, Taylor, Tochtrop, Webster, T. Williams, Young; also Senator Blickensderfer--Concerning the recognition of the 100^th anniversary of the Veterans of Foreign Wars.

WHEREAS, This year marks the 100^th anniversary of the Veterans of Foreign Wars ("VFW") of the United States; and

WHEREAS, The John S. Stewart Post No. 1 in Denver is the oldest continuous unit in the VFW; and

WHEREAS, The John S. Stewart Post No. 1 is the only VFW post in the entire world designated as "No. 1"; and

WHEREAS, A plaque in the Colorado state capitol building commemorates the founding of a predecessor of the VFW; and

WHEREAS, Such plaque reads in part: "In this building, December 1, 1899, was held the first meeting of the Army of the Philippines from which emanated August 13, 1913, the Veterans of Foreign Wars"; and

WHEREAS, It is anticipated that Colorado's biggest VFW celebration this summer will be the centennial celebration of the Colorado Department of the VFW; and

WHEREAS, Of the 9,773 VFW posts in existence in the entire nation, 150 of such posts are located in the state of Colorado; and

WHEREAS, There are currently more than 25,000 men and women living in Colorado who are members of the VFW living in Colorado; and

WHEREAS, The membership ranks of the VFW include eight presidents of the United States as well as leaders from every spectrum of American society; and

WHEREAS, From the veterans of the Spanish­American war in 1899 to the veterans returning from Bosnia in 1999, the membership of the VFW spans five generations of veterans who have helped preserve our freedom and shaped the destiny of America and the world; and

WHEREAS, The VFW, by virtue of its magnificent wartime service, has played a front­line role in defending American freedom and security; and

WHEREAS, Members of the VFW have played a critical role in such national accomplishments as the enactment of the World War I bonus bill and the G.I. bill, the creation of the Buddy Poppy and the Voice of Democracy scholarship program, and the establishment of a national home for veterans, Loyalty Day as a national holiday, and the "Star­Spangled Banner" as the national anthem of the United States; and

WHEREAS, The objectives of the VFW are to "ensure the national security through maximum military strength, to speed the rehabilitation of the nation's disabled and needy veterans, to assist the widows and orphans and the dependents of disabled and needy veterans, to promote Americanism through education in patriotism, and constructive service to the communities in which we live"; now, therefore,

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

That we, the members of the General Assembly, recognize and congratulate the men and women members of the VFW, in Colorado and the nation, for the contributions and sacrifices they have made to ensure peace and prosperity for freedom­loving people across the globe.

Be it Further Resolved, That 1999 be declared the Year of the VFW in the State of Colorado.

Be It Further Resolved, That a copy of this Resolution be sent to Veterans of Foreign Wars John S. Stewart Post No. 1, 955 Bannock St., Denver, Colorado; Veterans of Foreign Wars, Department of Colorado, 5783 Sheridan Blvd., Arvada, Colorado; and the national headquarters of the Veterans of Foreign Wars in Kansas City, Missouri.

_______________

On motion of Representative Dean, HB99-1009, 1015, 1016, 1125, 1246, 1249 shall be made Special Orders on Wednesday, March 17, 1999, at 9:30 a.m.

_______________

The hour of 9:30 a.m., having arrived, on motion of Representative Fairbank, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

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SPECIAL 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.)

HB99-1009 by RepresentativesSullivant and Pfiffner; also Senator Owen--Concerning the reinstatement of the sales and use tax exemption for coins and precious metal bullion.

Amendment No. 1, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 8, pages 363-364.

Amendment No. 2, Appropriations Report, dated March 5, 1999, and placed in member's bill file; Report also printed in House Journal, March 8, pages 705-707.

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

HB99-1015 by Representative Taylor; also Senator Wattenberg--Concerning the exemption of food sold through vending machines from the state sales and use tax.

Amendment No. 1, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, pages 353-354.

Amendment No. 2, Appropriations Report, dated February 26, 1999, and placed in member's bill file; Report also printed in House Journal, March 1, pages 643-645.

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

HB99-1016 by Representatives Johnson, Smith, Spradley; also Senator Wattenberg--Concerning an exemption of substances provided to livestock from the state sales and use tax.

Amendment No. 1, Agriculture, Livestock, & Natural Resources Report, dated January 13, 1999, and placed in member's bill file; Report also printed in House Journal, January 15, pages 110-111.

Amendment No. 2, Appropriations Report, dated February 26, 1999, and placed in member's bill file; Report also printed in House Journal, March 1, pages 645-647.

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

HB99-1125 by Representative Swenson; also Senator Teck--Con-cerning an adjustment in the computation of the amount of foreign source income to be apportioned to Colorado for state corporate income tax purposes to allow a percentage used in such computation to reflect the effective federal corporate income tax rate for that corporation.

Amendment No. 1, Finance Report, dated February 4, 1999, and placed in member's bill file; Report also printed in House Journal, February 5, page 338.

Amendment No. 2, Appropriations Report, dated February 26, 1999, and placed in member's bill file; Report also printed in House Journal, March 3, pages 665-667.

Amendment No. 3, by Representative Swenson.

Amend Appropriations Committee Report, dated February 26, 1999, page 2, strike line 36 and substitute the following:

"39­22­303 (10) (b) (III) TO BE USED PURSUANT TO SAID SECTION.

(6)  THE GENERAL ASSEMBLY FINDS AND DECLARES THAT A TEMPORARY ADJUSTMENT IN THE COMPUTATION OF THE AMOUNT OF FOREIGN SOURCE INCOME TO BE APPORTIONED TO COLORADO FOR STATE INCOME TAX PURPOSES IS A REASONABLE METHOD OF REFUNDING EXCESS STATE REVENUES REQUIRED TO BE REFUNDED IN ACCORDANCE WITH SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION.".".

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

HB99-1246 by Representatives Tate, Saliman; also Senator Owen--Concerning a state income tax credit for long-term care insurance.

Amendment No. 1, Finance Report, dated February 3, 1999, and placed in member's bill file; Report also printed in House Journal, March 3, pages 342-343.

Amendment No. 2, Appropriations Report, dated February 26, 1999, and placed in member's bill file; Report also printed in House Journal, March 3, pages 667-669.

Amendment No. 3, by Representative Tate.

Amend the Appropriations Committee Report, dated February 26, 1999, page 2, after line 21, insert the following:

"(7)  THE GENERAL ASSEMBLY FINDS AND DECLARES THAT PROVIDING A STATE INCOME TAX CREDIT TO RESIDENT INDIVIDUALS WHO PURCHASE LONG­TERM CARE INSURANCE IS A REASONABLE METHOD OF REFUNDING EXCESS STATE REVENUES REQUIRED TO BE REFUNDED IN ACCORDANCE WITH SECTION 20 (7) (a) OF ARTICLE X OF THE STATE CONSTITUTION.".

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

HB99-1249 by Representatives Spradley, George, May, Alexander, Johnson, Miller, Paschall, Pfiffner, Smith, Sullivant, Zimmerman, Clapp, Dean, Hoppe, Kester, King, Mitchell, Witwer; also Senators Wattenberg, Chlouber, Dennis, Perlmutter, Tebedo, Dyer--Concerning the severance tax upon mined materials.

Amendment No. 1, Finance Report, dated March 3, 1999, and placed in member's bill file; Report also printed in House Journal, March 5, pages 701-702.

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

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ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading: HB99-1009 amended, 1015 amended, 1016 amended, 1125 amended, 1246 amended, 1249 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 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y Allen Y Bacon YBerry 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 Y Hoppe E Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman E Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y
						Mr. Speaker Y

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MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has adopted the First Report of the First Conference Committee on HB99-1061, as printed in Senate Journal, March 15, page 489, and repassed the bill as amended. The bill is returned herewith.

The Senate has adopted the First Report of the First Conference Committee on HB99-1113, as printed in Senate Journal, March 15, pages 498-500, and repassed the bill as amended. The bill is returned herewith.

_________

In response to the request of the House for a Conference Committee on

HB99-1048, the President appointed Senators Hillman, Chm., Andrews, and Nichol as members of the First Conference Committee on the part of the Senate.

In response to the request of the House for a Conference Committee on

HB99-1134, the President appointed Senators Wattenberg, Chm., Anderson, and Dyer as members of the First Conference Committee on the part of the Senate.

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FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB99-1061

This Report Amends the Reengrossed Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1061, concerning requirements for the payment of unemployment insurance benefits, has met and reports that it has agreed upon the following:

That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill, and that the following

amendment be substituted therefor:

Amend reengrossed bill, page 3, strike line 22, and substitute the following:

"(C)  THE DIVISION CERTIFIES AND NOTIFIES THE EMPLOYER AND THE HEARING OFFICER THAT NO".

Respectfully submitted,

House Committee: Senate Committee:

Tambor Williams Ginnette Dennis

Mark Larson Norma Anderson

Fran Coleman Jim Dyer

______________

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

on HB99-1113

This Report Amends the Reengrossed Bill.

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB 99­1113,

concerning an increase in the funding for charter schools, has met and reports that it has agreed upon the following:

1.  That the Senate recede from its amendments made to the bill, as said amendments appear in the rerevised bill, and that the following amendment be substitute therefor:

Amend reengrossed bill, page 2, line 14, after "MEANS", insert "INDIRECT";

strike line 16 and substitute the following:

"OF SUPPORT SERVICES ­ GENERAL ADMINISTRATION IN THE SCHOOL";

line 17, strike "AND" and substitute "AS".

Page 3, line 3, before "PURCHASE", insert "DIRECT";

line 4, strike "SUPPORT";

line 8, strike "SUPPORT".

Page 4, before line 1, insert the following:

"SECTION 2.  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.".

Renumber succeeding section accordingly.

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

Amend reengrossed bill, page 1, line 2, strike "and (2) (c)," and substitute "(2) (c), and (3) (a),";

line 4, strike "A NEW PARAGRAPH," and substitute "THE FOLLOWING NEW PARAGRAPHS,";

line 6, after "(a)", insert "(I)";

strike line 8 and substitute the following:

"the school district to the charter school.

(II)  FOR THE 1999­2000 BUDGET YEAR, the charter school and the school district shall begin discussions on the contract using eighty percent of the district per pupil operating revenues. As used in this subsection (2), district "per pupil operating revenues" shall have the same meaning as that provided in section 22­54­103 (9).".

Page 2, strike lines 1 through 4 and substitute the following:

"(III)  FOR BUDGET YEAR 2000­2001 AND BUDGET YEARS THEREAFTER, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (a.3) OF THIS SUBSECTION (2), EACH CHARTER SCHOOL AND";

after line 12, insert the following:

"(a.3)  IF THE AUTHORIZING SCHOOL DISTRICT ENROLLS FIVE HUNDRED OR FEWER STUDENTS, THE CHARTER SCHOOL SHALL RECEIVE FUNDING IN THE AMOUNT OF THE GREATER OF ONE HUNDRED PERCENT OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE CHARTER SCHOOL MINUS THE ACTUAL AMOUNT OF THE CHARTER SCHOOL'S PER PUPIL SHARE OF THE CENTRAL ADMINISTRATIVE OVERHEAD COSTS INCURRED BY THE SCHOOL DISTRICT, BASED ON AUDITED FIGURES, OR EIGHTY­FIVE PERCENT OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE CHARTER SCHOOL.";

after line 22, insert the following:

"(III)  "PER PUPIL OPERATING REVENUES" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 22­54­103 (9).

(a.7)  FOR THE 2000­2001 BUDGET YEAR AND BUDGET YEARS THEREAFTER, EACH CHARTER SCHOOL SHALL ANNUALLY ALLOCATE THE MINIMUM PER PUPIL DOLLAR AMOUNT SPECIFIED IN SECTION 22­54­105 (2) (b), MULTIPLIED BY THE NUMBER OF STUDENTS ENROLLED IN THE CHARTER SCHOOL, TO A FUND CREATED BY THE CHARTER SCHOOL FOR CAPITAL RESERVE PURPOSES, AS SET FORTH IN SECTION 22­45­103 (1) (c) AND (1) (e), OR SOLELY FOR THE MANAGEMENT OF RISK­RELATED ACTIVITIES, AS IDENTIFIED IN SECTION 24­10­115, C.R.S., AND ARTICLE 13 OF TITLE 29, C.R.S., OR AMONG SUCH ALLOWABLE FUNDS. SAID MONEYS SHALL BE USED FOR THE PURPOSES SET FORTH IN SECTION 22­45­103 (1) (c) AND (1) (e) AND MAY NOT BE EXPENDED BY THE CHARTER SCHOOL FOR ANY OTHER PURPOSE.

(a.8)  FOR THE 2000­2001 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE SCHOOL DISTRICT SHALL PROVIDE FEDERALLY REQUIRED EDUCATIONAL SERVICES TO STUDENTS ENROLLED IN CHARTER SCHOOLS ON THE SAME BASIS AS SUCH SERVICES ARE PROVIDED TO STUDENTS ENROLLED IN OTHER PUBLIC SCHOOLS OF THE SCHOOL DISTRICT. EACH CHARTER SCHOOL SHALL PAY AN AMOUNT EQUAL TO THE PER PUPIL COST INCURRED BY THE SCHOOL DISTRICT IN PROVIDING FEDERALLY REQUIRED EDUCATIONAL SERVICES, MULTIPLIED BY THE NUMBER OF STUDENTS ENROLLED IN THE CHARTER SCHOOL. AT EITHER PARTY'S REQUEST, HOWEVER, THE CHARTER SCHOOL AND THE SCHOOL DISTRICT MAY NEGOTIATE AND INCLUDE IN THE CHARTER CONTRACT ALTERNATE ARRANGEMENTS FOR THE PROVISION OF AND PAYMENT FOR FEDERALLY REQUIRED EDUCATIONAL SERVICES.".

Page 3, strike lines 18 through 21 and substitute the following:

"(c) (I)  FOR THE 1999­2000 BUDGET YEAR, in no event shall the amount of funding negotiated pursuant to this subsection (2) be less than eighty percent of the district per pupil operating revenues multiplied by the number of pupils enrolled in the charter school.

(II)  FOR BUDGET YEAR 2000­2001 AND BUDGET YEARS";

line 25, strike "SCHOOL." and substitute "SCHOOL OR AS OTHERWISE PROVIDED IN PARAGRAPH (a.3) OF THIS SUBSECTION (2) FOR ANY CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT THAT ENROLLS FIVE HUNDRED OR FEWER STUDENTS.";

after line 25, insert the following:

"(3) (a)  Notwithstanding subsection (2) of this section, IF THE CHARTER SCHOOL AND THE SCHOOL DISTRICT HAVE NEGOTIATED TO ALLOW THE CHARTER SCHOOL TO PROVIDE FEDERALLY REQUIRED EDUCATIONAL SERVICES PURSUANT TO PARAGRAPH (a.8) OF SUBSECTION (2) OF THIS SECTION:

(I)  The proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to THE charter schools SCHOOL enrolling such students by their school districts or administrative units; AND

(II)  The proportionate share of moneys generated under other federal or state categorical aid programs shall be directed to the charter schools SCHOOL serving students eligible for such aid.

SECTION 2.  22­54­105 (2) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

22­54­105.  Instructional supplies and materials ­ capital reserve and insurance reserve. (2) (b) (III)  FOR THE 2000­2001 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE AMOUNT REQUIRED TO BE BUDGETED PURSUANT TO THIS PARAGRAPH (b) SHALL BE REDUCED BY AN AMOUNT DETERMINED BY MULTIPLYING THE MINIMUM DOLLAR AMOUNT REQUIRED TO BE BUDGETED FOR THAT BUDGET YEAR PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (b) BY THE NUMBER OF PUPILS ENROLLED IN CHARTER SCHOOLS WITHIN THE SCHOOL DISTRICT.".

Renumber succeeding sections accordingly.

Respectfully submitted,

House Committee: Senate Committee:

Doug Dean Ken Arnold

Keith King Ed Perlmutter

Bob Bacon Norma Anderson

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CONSIDERATION OF CONFERENCE COMMITTEE REPORT

HB99-1113 by Representatives Dean, King; also Senator Arnold--Concerning an increase in the funding for charter schools.

(Conference Committee Report printed in House Journal, March 17, pages 816-819.)

On motion of Representative Dean, House Rule 36(d) was suspended for immediate consideration of the Conference Committee Report on HB99­1113.

The Conference Committee Report was adopted by the following roll call vote:

YES 61 NO 2 EXCUSED 2 ABSENT 0

Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe E Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga N Vigil E Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

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

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

YES 51 NO 12 EXCUSED 2 ABSENT 0

Alexander Y Allen YBacon Y Berry Y Chavez Y Clapp Y Clarke N Coleman Y Dean Y Decker Y Fairbank Y Gagliardi N Gordon Y Gotlieb Y Grossman Y Hagedorn Y		Hefley Y Hoppe E Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba N Mace Y May Y McElhany Y McKay Y McPherson Y		Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman N Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y		Takis N Tapia Y Tate N Taylor Y Tochtrop N Tool Y Tupa N Veiga N Vigil E Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer Y Young Y Zimmerman N
						Mr. Speaker Y

Co-sponsors added: Representatives Grossman, May, Paschall, Spence, Stengel, T.Williams.

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INTRODUCTION OF BILL

First Reading

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

HB99-1337 by Representatives Hagedorn, May, Lee; also Senators Teck, Phillips--Concerning electronic transactions.

Committee on State, Veterans, & Military Affairs

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, the following items on the Calendar were laid over until March 18, retaining place on Calendar:

Consideration of General Orders--HCR99-1001, HB99-1194, 1206, 1316, 1003, 1207, SB99-039, 109, 022, HB99-1317, 1314, SB99-136, HB99-1001, 1011, 1126, 1311, 1312, SB99-025, 028, 072, 063, 129, HB99-1271, 1110, SB99-052, 014, 140, 070, 170, 021, 074, 142, 172, 011, HB99-1326, SB99-004, 174, HB99-1319, 1203, 1238, 1293, 1299, 1129, 1280, SB99-050.

Consideration of Senate Amendments--HB99-1160, 1172, 1188, 1265.

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On motion of Representative Dean, the House adjourned until 9:00 a.m., March 18, 1999.

Approved:

RUSSELL GEORGE,

Attest: Speaker

JUDITH RODRIGUE,

Chief Clerk