Amendments for HB08-1335
 

House Journal, March 7
47 HB08-1335 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend printed bill, page 7, line 13, strike "22-54-124 (1) (f.6) (II) (A) OR
52 (1) (f.6) (II) (B)" and substitute "22-54-124 (1) (f.6) (I) (A) OR (1) (f.6) (I)
53 (B)".
54
55 Page 11, line 13, strike "ARTICLE AND TO MAKE PAYMENTS REQUIRED";
56
1 line 14, strike "BY SECTION 22-43.7-114." and substitute "ARTICLE.";
2
3 line 18, strike "ASSISTANCE" and substitute "ASSISTANCE, MAKING
4 PAYMENTS REQUIRED BY SECTION 22-43.7-114,".
5
6 Page 40, line 5, strike "FOR" and substitute "PRIOR TO THE END OF".
7
8 Page 41, after line 22, insert the following:
9
10 "SECTION 4. Repeal. 22-41-106, Colorado Revised Statutes,
11 is repealed as follows:
12
13 22-41-106. Disposition of income. All interest derived from the
14 investment and reinvestment of the public school fund shall be credited
15 to the public school income fund and periodically transferred therefrom
16 to the state public school fund.".
17
18 Renumber succeeding sections accordingly.
19
20 Page 49, after line 11, insert the following:
21 "SECTION 14. Appropriation - adjustments to the 2007 long
22 bill. In addition to any other appropriation, there is hereby appropriated
23 to the department of law, for the fiscal year beginning July 1, 2007 , the
24 sum of seven thousand two hundred three dollars ($7,203), or so much
25 thereof as may be necessary, for the provision of legal services to the
26 department of education related to the implementation of this act. Said
27 sum shall be from funds received from the department of education.
28
29 SECTION 15. Appropriation - adjustments to the 2008 long
30 bill. (1) In addition to any other appropriation, there is hereby
31 appropriated, out of any moneys in the public school capital construction
32 assistance fund created in section 22-43.7-104 (1), Colorado Revised
33 Statutes, not otherwise appropriated, to the department of education, for
34 the division of public school capital construction assistance, for the fiscal
35 year beginning July 1, 2008, the sum of five hundred sixty-nine thousand
36 nine hundred fifty-nine dollars ($569,959) and 5.0 FTE, or so much
37 thereof as may be necessary, for the implementation of this act.
38
39 (2) In addition to any other appropriation, there is hereby
40 appropriated, out of any moneys in the public school capital construction
41 assistance fund created in section 22-43.7-104 (1), Colorado Revised
42 Statutes, not otherwise appropriated, to the department of education, for
43 the division of public school capital construction assistance, for the fiscal
44 year beginning July 1, 2008, the sum of twelve million three hundred
45 thousand dollars ($12,300,000), or so much thereof as may be necessary,
46 for the financial assistance priority assessment required by section 22-
47 43.7-108, Colorado Revised Statutes.
48
49 (3) In addition to any other appropriation, there is hereby
50 appropriated to the department of law, for the fiscal year beginning July
51 1, 2008, the sum of thirty-two thousand four hundred fourteen dollars
52 ($32,414) and 0.3 FTE, or so much thereof as may be necessary, for the
53 provision of legal services to the department of education related to the
54 implementation of this act. Said sum shall be from reappropriated funds
55 received from the department of education out of the appropriation made
56 in subsection (1) of this section.
1 (4) In addition to any other appropriation, there is hereby
2 appropriated, out of any moneys in the public safety inspection fund
3 created in section 8-1-151, Colorado Revised Statutes, not otherwise
4 appropriated, to the department of labor and employment, for allocation
5 to the division of oil and public safety, for the fiscal year beginning July
6 1, 2008, the sum of one hundred seventy-six thousand four hundred
7 seventeen dollars ($176,417) and 2.0 FTE, or so much thereof as may be
8 necessary, for the implementation of this act.
9
10 (5) In addition to any other appropriation, there is hereby
11 appropriated, to the department of public safety, for allocation to the
12 office of preparedness, security, and fire safety, for the fiscal year
13 beginning July 1, 2008, the sum of twenty-three thousand seven hundred
14 seventy-three dollars ($23,773) and 0.3 FTE, or so much thereof as may
15 be necessary, for the implementation of this act. Said sum shall be from
16 reappropriated funds received from the department of labor and
17 employment out of the appropriation made in subsection (4) of this
18 section.
19
20 (6) For the implementation of this act, appropriations made in the
21 annual general appropriation act for the fiscal year beginning July 1,
22 2008, shall be adjusted as follows:
23
24 (a) The cash funds appropriation from the state public school fund
25 created in section 22-54-114, Colorado Revised Statutes, to the
26 department of education, assistance to public schools, public school
27 finance, for the state share of districts' total program funding, is decreased
28 by twenty million dollars ($20,000,000). Of said sum, nineteen million
29 dollars ($19,000,000) shall be from interest earned on moneys in the
30 public school fund established in article IX, section 3 of the state
31 constitution, and one million dollars ($1,000,000) shall be from rental
32 income earned on public school lands.
33
34 (b) The general fund appropriation to the department of education,
35 assistance to public schools, public school finance, for the state share of
36 districts' total program funding, is increased by twenty million dollars
37 ($20,000,000).
38
39 (c) The general fund appropriation to the department of education,
40 assistance to public schools, grant programs, distributions, and other
41 assistance, capital construction, for the school capital construction
42 expenditures reserve fund, is decreased by ten million dollars
43 ($10,000,000).
44
45 (d) The general fund appropriation to the department of education,
46 assistance to public schools, grant programs, distributions, and other
47 assistance, capital construction, for the school construction and
48 renovation fund, is decreased by ten million dollars ($10,000,000).".
49
50 Renumber succeeding sections accordingly.
51
52 Page 49, line 12, strike "3, 6, 7, 8, and 12" and substitute "3, 4, 7, 8, 9, 12,
53 and 13".
54
55 Page 1, line 102, strike "CONSTRUCTION." and substitute
56 "CONSTRUCTION, AND MAKING AN APPROPRIATION THEREFOR.".
1 BUSINESS AFFAIRS & LABOR
2 After consideration on the merits, the Committee recommends the
3 following:
4

House Journal, March 13
42 Amendment No. 1, Education Report, dated February 18, 2008, and
43 placed in member's bill file; Report also printed in House Journal,
44 February 19, page 476.
45
46 Amendment No. 2, Appropriations Report, dated March 7, 2008, and
47 placed in member's bill file; Report also printed in House Journal,
48 March 7, pages 783-785.
49
50 Amendment No. 3, by Representative Romanoff.
51
52 Amend printed bill, page 26, after line 17, insert the following:
53
54 "(e) IF THE APPLICATION IS FOR FINANCIAL ASSISTANCE FOR THE
55 RENOVATION, RECONSTRUCTION, EXPANSION, OR REPLACEMENT OF AN
56 EXISTING PUBLIC SCHOOL FACILITY, A DESCRIPTION OF THE CONDITION OF
1 THE PUBLIC SCHOOL FACILITY AT THE TIME THE APPLICANT PURCHASED OR
2 COMPLETED THE CONSTRUCTION OF THE PUBLIC SCHOOL FACILITY, AND,
3 IF THE PUBLIC SCHOOL FACILITY WAS NOT NEW OR WAS NOT ADEQUATE AT
4 THAT TIME, THE RATIONALE OF THE APPLICANT FOR PURCHASING THE
5 PUBLIC SCHOOL FACILITY OR CONSTRUCTING IT IN THE MANNER IN WHICH
6 IT DID;".
7
8 Reletter succeeding paragraphs accordingly.
9
10 As amended, ordered engrossed and placed on the Calendar for Third
11 Reading and Final Passage.
12

Senate Journal, March 27
After consideration on the merits, the Committee recommends that HB08-1335 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 4, line 8, strike "DISTRICTS" and substitute
"DISTRICTS, BOARDS OF COOPERATIVE SERVICES,".

Page 5, line 4, strike "DISTRICTS" and substitute "DISTRICTS, BOARDS OF
COOPERATIVE SERVICES,";

line 7, strike "DISTRICTS" and substitute "DISTRICTS, BOARDS OF
COOPERATIVE SERVICES,";

line 14, strike "DISTRICTS" and substitute "DISTRICTS, BOARDS OF
COOPERATIVE SERVICES,";

line 24, strike "DISTRICTS" and substitute "DISTRICTS, BOARDS OF
COOPERATIVE SERVICES,".

Page 6, line 2, strike "DISTRICTS" and substitute "DISTRICTS, BOARDS OF
COOPERATIVE SERVICES,";

after line 25, insert the following:

"(b) A BOARD OF COOPERATIVE SERVICES;".

Reletter succeeding paragraphs accordingly.

Page 7, after line 10, insert the following:

"(5) "BOARD OF COOPERATIVE SERVICES" MEANS A BOARD OF
COOPERATIVE SERVICES CREATED AND EXISTING PURSUANT TO SECTION
22-5-104 THAT IS ELIGIBLE TO RECEIVE STATE MONEYS PURSUANT TO
SECTION 22-5-114.".

Renumber succeeding subsections accordingly.

Page 8, line 6, after "DISTRICT,", insert "A BOARD OF COOPERATIVE
SERVICES,";

line 15, after "DISTRICT,", insert "A BOARD OF COOPERATIVE SERVICES,".

Page 27, line 4, strike "PROJECTS" and substitute "PROJECTS, INCLUDING
BUT NOT LIMITED TO MEANS SUCH AS VOTER-APPROVED MULTIPLE-FISCAL
YEAR DEBT OR OTHER FINANCIAL OBLIGATIONS, GIFTS, GRANTS,
DONATIONS, OR ANY OTHER MEANS OF FINANCING PERMITTED BY LAW,";

line 5, strike "(9)" and substitute "(10)";

line 6, after "DISTRICT", insert "OR A BOARD OF COOPERATIVE SERVICES
WITH A PARTICIPATING SCHOOL DISTRICT".

Page 32, after line 6, insert the following:

"(b) WITH RESPECT TO A BOARD OF COOPERATIVE SERVICES'
APPLICATION FOR FINANCIAL ASSISTANCE:

(I) THE AVERAGE ASSESSED VALUE PER PUPIL OF ALL MEMBERS OF
THE BOARD OF COOPERATIVE SERVICES PARTICIPATING IN THE CAPITAL
CONSTRUCTION PROJECT RELATIVE TO THE STATE AVERAGE;

(II) THE AVERAGE MEDIAN HOUSEHOLD INCOME OF ALL MEMBERS
OF THE BOARD OF COOPERATIVE SERVICES PARTICIPATING IN THE CAPITAL
CONSTRUCTION PROJECT RELATIVE TO THE STATE AVERAGE

(III) THE AVERAGE BOND REDEMPTION FUND MILL LEVY OF ALL
MEMBERS OF THE BOARD OF COOPERATIVE SERVICES PARTICIPATING IN
THE CAPITAL CONSTRUCTION PROJECT RELATIVE TO THE STATEWIDE
AVERAGE;

(IV) THE PERCENTAGE OF PUPILS ENROLLED IN THE MEMBER
SCHOOLS WITHIN THE BOARD OF COOPERATIVE SERVICES THAT ARE
PARTICIPATING IN THE CAPITAL CONSTRUCTION PROJECT WHO ARE
ELIGIBLE FOR FREE OR REDUCED-COST LUNCH; AND

(V) THE AMOUNT OF EFFORT PUT FORTH BY THE MEMBERS OF THE
BOARD OF COOPERATIVE SERVICES TO OBTAIN VOTER APPROVAL FOR A
BALLOT QUESTION FOR BONDED INDEBTEDNESS, INCLUDING BUT NOT
LIMITED TO A BALLOT QUESTION FOR ENTRY BY ANY MEMBER INTO A
SUBLEASE-PURCHASE AGREEMENT OF THE TYPE THAT CONSTITUTES AN
INDEBTEDNESS OF THE MEMBER PURSUANT TO SECTION 22-32-127, DURING
THE TEN YEARS PRECEDING THE YEAR IN WHICH THE BOARD OF
COOPERATIVE SERVICES SUBMITTED THE APPLICATION, WHICH FACTOR
MAY BE USED ONLY TO REDUCE THE PERCENTAGE OF MATCHING MONEYS
REQUIRED FROM A BOARD OF COOPERATIVE SERVICES WHOSE MEMBERS,
OR ANY OF THEM, HAVE PUT FORTH SUCH EFFORT AND NOT TO INCREASE
THE AMOUNT OF MATCHING MONEYS REQUIRED FROM ANY BOARD OF
COOPERATIVE SERVICES;".

Reletter succeeding paragraph accordingly.

Page 33, line 25, strike "DISTRICT" and substitute "DISTRICT, BOARD OF
COOPERATIVE SERVICES,".

Page 34, line 1, strike "DISTRICT" and substitute "DISTRICT, BOARD OF
COOPERATIVE SERVICES,";

after line 2, insert the following:

"(c) THE AMOUNT OF BONDED INDEBTEDNESS THAT A SCHOOL
DISTRICT THAT IS A MEMBER OF A BOARD OF COOPERATIVE SERVICES
INCURS IN ORDER TO PROVIDE MATCHING MONEYS FOR THE BOARD OF
COOPERATIVE SERVICES SHALL NOT CONSTITUTE BONDED INDEBTEDNESS
OF THE SCHOOL DISTRICT SUBJECT TO THE LIMITS ON BONDED
INDEBTEDNESS SPECIFIED IN SECTION 22-42-104.".

Page 45, after line 23, insert the following:

"SECTION 9. 22-5-111 (2), Colorado Revised Statutes, is
amended to read:

22-5-111. Buildings and facilities. (2) The boards of education
of the school districts participating in a cooperative service agreement
may jointly, separately, or, after approval of each participating board of
education, as a board of cooperative services construct, purchase, or lease
sites, buildings, and equipment for the purpose of providing the facilities
necessary for the operation of a cooperative service program at any
appropriate location, whether within or without a school district providing
the money for the facilities. School district moneys in any fund from
which moneys may be legally expended for such facilities may be used
for carrying out the provisions of this section. The provisions of sections
22-32-127 and 22-45-103 (1) shall apply to any installment purchase
agreement or any lease or rental agreement, INCLUDING BUT NOT LIMITED
TO ANY SUBLEASE-PURCHASE AGREEMENT ENTERED INTO BY A SCHOOL
DISTRICT THAT IS A MEMBER OF A BOARD OF COOPERATIVE SERVICES
PURSUANT TO SECTION 22-43.7-110 (2) (c), entered into by a board of
cooperative services or by the boards of education of the school districts
participating in a cooperative service agreement. No board of education
of a school district participating in a cooperative service agreement shall
make any levy for its bond redemption fund, or use any moneys in its
bond redemption fund, except in accordance with the provisions of
section 22-45-103 (1) (b).".

Renumber succeeding sections accordingly.

Page 53, line 5, strike "9, 12, and 13" and substitute "10, 13, and 14".


Education

Senate Journal, April 9
After consideration on the merits, the Committee recommends that HB08-1335 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 19, line 23, after "ASSISTANCE", insert
"FROM THE ASSISTANCE FUND ONLY".

Page 21, line 16, after "(1)", insert "(a)";

after line 24, insert the following:

"(b) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
FINANCIAL ASSISTANCE PRIORITY ASSESSMENT REQUIRED BY THIS SECTION
BE USED ONLY FOR THE PURPOSES SPECIFIED IN PARAGRAPH (a) OF THIS
SUBSECTION (1) AND SECTION 22-43.7-107 (1) (a).".

Page 41, after line 1, insert the following:

"22-43.7-116. Open record and open meetings. IN EXERCISING
THEIR POWERS AND DUTIES PURSUANT TO THIS ARTICLE, THE BOARD AND
THE DIVISION SHALL BE SUBJECT TO THE OPEN MEETINGS PROVISIONS OF
THE "COLORADO SUNSHINE ACT OF 1972", ARTICLE 6 OF TITLE 24, C.R.S.,
AS SET FORTH IN PART 4 OF SAID ARTICLE, AND THE OPEN RECORDS
PROVISIONS SET FORTH IN ARTICLE 72 OF TITLE 24, C.R.S.".

Page 51, after line 8, insert the following:

"(3) In addition to any other appropriation, there is hereby
appropriated, out of any moneys in the public school capital construction
assistance fund created in section 22-43.7-104 (1), Colorado Revised
Statutes, not otherwise appropriated, to the department of education, for
allocation to the public school capital construction assistance board, for
the fiscal year beginning July 1, 2008, the sum of ten million dollars
($10,000,000) cash funds, or so much thereof as may be necessary, for
making lease payments required by lease-purchase agreements entered
into pursuant to section 22-43.7-110 (2), Colorado Revised Statutes.".

Renumber succeeding subsections accordingly.

Senate Journal, April 16
HB08-1335 by Representative(s) Romanoff; also Senator(s) Groff and Schwartz--Concerning state
financial assistance to finance public school facility capital construction, and making an
appropriation therefor.

Amendment No. 1, Education Committee Amendment.
(Printed in Senate Journal, March 27, pages 703-705 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 9, page 856 and placed in members' bill files.)

Amendment No. 3(L.017), by Senator Schwartz.

Amend reengrossed bill, page 23, line 20, strike "THE" and substitute
"EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH
(b) OF THIS SUBSECTION (2), THE".

Page 24, line 15, strike "(2), THE BOARD:" and substitute "(2):";

after line 15, insert the following:

"(I) THE BOARD:";

line 16, strike "(I)" and substitute "(A)";

line 20, strike "(II)" and substitute "(B)";

after line 25, insert the following:

"(II) IN ORDER TO ENSURE EFFICIENT SUBMISSION AND REVIEW OF
FINANCIAL ASSISTANCE APPLICATIONS AND ALLOW THE BOARD TO
PROVIDE FINANCIAL ASSISTANCE AS SOON AS IS FEASIBLE, ON AND AFTER
THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (II), BUT BEFORE THE
APPOINTMENT OF THE BOARD, THE STATE BOARD, OR SUCH PERSONNEL OF
THE DEPARTMENT AS THE STATE BOARD MAY DESIGNATE, MAY ESTABLISH
INTERIM FINANCIAL ASSISTANCE APPLICATION DEADLINES AND
APPLICATIONS FOR USE BY APPLICANTS IN APPLYING FOR FINANCIAL
ASSISTANCE FOR THE 2008-09 FISCAL YEAR ONLY. THE STATE BOARD MAY
ALSO DESIGNATE DEPARTMENT PERSONNEL TO PRELIMINARILY REVIEW
FINANCIAL ASSISTANCE APPLICATIONS UNTIL SUCH TIME AS THE BOARD
AND THE DIRECTOR OF THE DIVISION HAVE BEEN APPOINTED.".

As amended, ordered revised and placed on the calendar for Third Reading and Final
Passage.