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Bill SB10-191 - JOHNSTON & ... / SCANLAN & ... Principal And Teacher Effectiveness
Wednesday, May 12 2010
Bill HB10-1001 - NOT ON CALENDAR
Bill HB10-1002 - NOT ON CALENDAR
Bill HB10-1015 - NOT ON CALENDAR
Bill HB10-1042 - NOT ON CALENDAR
Bill HB10-1072 - NOT ON CALENDAR
Bill HB10-1088 - NOT ON CALENDAR
Bill HB10-1098 - NOT ON CALENDAR
Bill HB10-1107 - NOT ON CALENDAR
Bill HB10-1118 - NOT ON CALENDAR
Bill HB10-1169 - NOT ON CALENDAR
Bill HB10-1396 - NOT ON CALENDAR
Bill SB10-028 - NOT ON CALENDAR
Bill SB10-029 - NOT ON CALENDAR
Bill SB10-052 - NOT ON CALENDAR
Bill SB10-069 - NOT ON CALENDAR
Bill SB10-074 - NOT ON CALENDAR
Bill SB10-191 - NOT ON CALENDAR
Bill SCR10-001 - NOT ON CALENDAR
Bill SCR10-003 - NOT ON CALENDAR
Audio: Floors and Committees Concerning Your Bills |
BILL HB10-1001 |
House Journal, February 8
5 HB10-1001 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, strike everything below the enacting clause and
10 substitute:
11
12 "SECTION 1. The introductory portion to 40-2-124 (1) and 40-2-
13 124 (1) (a), (1) (c) (I), (1) (c) (II), (1) (c) (III), (1) (c) (IV), and (1) (c)
14 (VIII), Colorado Revised Statutes, are amended to read:
15
16 40-2-124. Renewable energy standard - definitions - net
17 metering - legislative declaration. (1) Each provider of retail electric
18 service in the state of Colorado, other than municipally owned utilities
19 that serve forty thousand customers or less FEWER, shall be considered a
20 qualifying retail utility. Each qualifying retail utility, with the exception
21 of cooperative electric associations that have voted to exempt themselves
22 from commission jurisdiction pursuant to section 40-9.5-104 and
23 municipally owned utilities, shall be subject to the rules established under
24 this article by the commission. No additional regulatory authority of the
25 commission other than that specifically contained in this section is
26 provided or implied. In accordance with article 4 of title 24, C.R.S., on
27 or before October 1, 2007, the commission shall revise or clarify existing
28 rules to establish the following:
29
30 (a) Definitions of eligible energy resources that can be used to
31 meet the standards. "Eligible energy resources" means recycled energy
32 and renewable energy resources. "Renewable energy resources" means
33 solar, wind, geothermal, biomass, new hydroelectricity with a nameplate
34 rating of ten megawatts or less, and hydroelectricity in existence on
35 January 1, 2005, with a nameplate rating of thirty megawatts or less. The
36 commission shall determine, following an evidentiary hearing, the extent
37 to which such electric generation technologies utilized in an optional
38 pricing program may be used to comply with this standard. A fuel cell
39 using hydrogen derived from an eligible energy resource is also an
40 eligible electric generation technology. Fossil and nuclear fuels and their
41 derivatives are not eligible energy resources. For purposes of this section:
42
43 (I) "Biomass" means:
44
45 (A) Nontoxic plant matter consisting of agricultural crops or their
46 byproducts, urban wood waste, mill residue, slash, or brush;
47
48 (B) Animal wastes and products of animal wastes; or
49
50 (C) Methane produced at landfills or as a by-product of the
51 treatment of wastewater residuals.
52
53 (II) "DISTRIBUTED RENEWABLE ELECTRIC GENERATION" OR
54 "DISTRIBUTED GENERATION" MEANS:
55
56 (A) RETAIL DISTRIBUTED GENERATION; AND
1 (B) WHOLESALE DISTRIBUTED GENERATION.
2
3 (II) (III) "Recycled energy" means energy produced by a
4 generation unit with a nameplate capacity of not more than fifteen
5 megawatts that converts the otherwise lost energy from the heat from
6 exhaust stacks or pipes to electricity and that does not combust additional
7 fossil fuel. "Recycled energy" does not include energy produced by any
8 system that uses energy, lost or otherwise, from a process whose primary
9 purpose is the generation of electricity, including, without limitation, any
10 process involving engine-driven generation or pumped hydroelectricity
11 generation.
12
13 (IV) "RENEWABLE ENERGY RESOURCES" MEANS SOLAR, WIND,
14 GEOTHERMAL, BIOMASS, NEW HYDROELECTRICITY WITH A NAMEPLATE
15 RATING OF TEN MEGAWATTS OR LESS, AND HYDROELECTRICITY IN
16 EXISTENCE ON JANUARY 1, 2005, WITH A NAMEPLATE RATING OF THIRTY
17 MEGAWATTS OR LESS.
18
19 (V) "RETAIL DISTRIBUTED GENERATION" MEANS A RENEWABLE
20 ENERGY RESOURCE THAT IS LOCATED ON THE SITE OF A CUSTOMER'S
21 FACILITIES AND IS INTERCONNECTED ON THE CUSTOMER'S SIDE OF THE
22 UTILITY METER. IN ADDITION, RETAIL DISTRIBUTED GENERATION SHALL
23 PROVIDE ELECTRIC ENERGY PRIMARILY TO SERVE THE CUSTOMER'S LOAD
24 AND SHALL BE SIZED TO SUPPLY NO MORE THAN ONE HUNDRED TWENTY
25 PERCENT OF THE AVERAGE ANNUAL CONSUMPTION OF ELECTRICITY BY THE
26 CUSTOMER AT THAT SITE. FOR PURPOSES OF THIS SUBPARAGRAPH (V), THE
27 CUSTOMER'S "SITE" INCLUDES ALL CONTIGUOUS PROPERTY OWNED OR
28 LEASED BY THE CUSTOMER WITHOUT REGARD TO INTERRUPTIONS IN
29 CONTIGUITY CAUSED BY EASEMENTS, PUBLIC THOROUGHFARES,
30 TRANSPORTATION RIGHTS-OF-WAY, OR UTILITY RIGHTS-OF-WAY.
31
32 (VI) "WHOLESALE DISTRIBUTED GENERATION" MEANS A
33 RENEWABLE ENERGY RESOURCE IN COLORADO WITH A NAMEPLATE
34 RATING OF THIRTY MEGAWATTS OR LESS AND THAT DOES NOT QUALIFY AS
35 RETAIL DISTRIBUTED GENERATION.
36
37 (c) Electric resource standards:
38
39 (I) Except as provided in subparagraph (V) of this paragraph (c),
40 the electric resource standards shall require each qualifying retail utility
41 to generate, or cause to be generated, electricity from eligible energy
42 resources in the following minimum amounts:
43
44 (A) Three percent of its retail electricity sales in Colorado for the
45 year 2007;
46
47 (B) Five percent of its retail electricity sales in Colorado for the
48 years 2008 through 2010;
49
50 (C) Ten TWELVE percent of its retail electricity sales in Colorado
51 for the years 2011 through 2014, WITH DISTRIBUTED GENERATION
52 EQUALING AT LEAST ONE PERCENT OF ITS RETAIL ELECTRICITY SALES IN
53 2011 AND 2012 AND ONE AND ONE-FOURTH PERCENT OF ITS RETAIL
54 ELECTRICITY SALES IN 2013 AND 2014;
55
56 (D) Fifteen TWENTY percent of its retail electricity sales in
1 Colorado for the years 2015 through 2019, WITH DISTRIBUTED
2 GENERATION EQUALING AT LEAST ONE AND THREE-FOURTHS PERCENT OF
3 ITS RETAIL ELECTRICITY SALES IN 2015 AND 2016 AND TWO PERCENT OF
4 ITS RETAIL ELECTRICITY SALES IN 2017, 2018, AND 2019; and
5
6 (E) Twenty THIRTY percent of its retail electricity sales in
7 Colorado for the years 2020 and thereafter, WITH DISTRIBUTED
8 GENERATION EQUALING AT LEAST THREE PERCENT OF ITS RETAIL
9 ELECTRICITY SALES.
10
11 (II) (A) Of the amounts OF DISTRIBUTED GENERATION in SUB-
12 SUBPARAGRAPHS (C), (D), AND (E) OF subparagraph (I) of this paragraph
13 (c), at least four percent shall be derived from solar electric generation
14 technologies. At least one-half of this four percent shall be derived from
15 solar electric technologies located on-site at customers' facilities RETAIL
16 DISTRIBUTED GENERATION.
17
18 (B) Solar generating equipment located on-site at customers'
19 facilities shall be sized to supply no more than one hundred twenty
20 percent of the average annual consumption of electricity by the consumer
21 at that site. For purposes of this sub-subparagraph (B), the consumer's
22 "site" shall include all contiguous property owned or leased by the
23 consumer, without regard to interruptions in contiguity caused by
24 easements, public thoroughfares, transportation rights-of-way, or utility
25 rights-of-way.
26
27 (C) DISTRIBUTED GENERATION AMOUNTS IN THE ELECTRIC
28 RESOURCE STANDARD FOR THE YEARS 2015 AND THEREAFTER MAY BE
29 CHANGED BY THE COMMISSION FOR THE PERIOD AFTER DECEMBER 31,
30 2014, IF THE COMMISSION FINDS, UPON APPLICATION BY A QUALIFYING
31 RETAIL UTILITY, THAT THESE PERCENTAGE REQUIREMENTS ARE NO LONGER
32 IN THE PUBLIC INTEREST. IF SUCH A FINDING IS MADE, THE COMMISSION
33 MAY SET THE LOWER DISTRIBUTED GENERATION REQUIREMENTS, IF ANY,
34 THAT SHALL APPLY AFTER DECEMBER 31, 2014. IF THE COMMISSION FINDS
35 THAT THE PUBLIC INTEREST REQUIRES AN INCREASE IN THE DISTRIBUTED
36 GENERATION REQUIREMENTS, THE COMMISSION SHALL REPORT ITS
37 FINDINGS TO THE GENERAL ASSEMBLY.
38
39 (III) Each kilowatt-hour of electricity generated from eligible
40 energy resources in Colorado, OTHER THAN RETAIL DISTRIBUTED
41 GENERATION, shall be counted as one and one-quarter kilowatt-hours for
42 the purposes of compliance with this standard.
43
44 (IV) To the extent that the ability of a qualifying retail utility to
45 acquire eligible energy resources is limited by a requirements contract
46 with a wholesale electric supplier, the qualifying retail utility shall acquire
47 the maximum amount allowed by the contract. For any shortfalls to the
48 amounts established by the commission pursuant to subparagraph (I) of
49 this paragraph (c), the qualifying retail utility shall acquire an equivalent
50 amount of either renewable energy credits; documented and verified
51 energy savings through energy efficiency and conservation programs; or
52 a combination of both. Any contract entered into by a qualifying retail
53 utility after December 1, 2004, shall not conflict with this article SECTION.
54
55 (VIII) Each kilowatt-hour of Electricity from eligible energy
56 resources may take advantage of SHALL BE SUBJECT TO only one of the
1 methods for counting kilowatt-hours set forth in subparagraphs (III), (VI),
2 and (VII) of this paragraph (c).
3
4 SECTION 2. The introductory portion to 40-2-124 (1) and 40-2-
5 124 (1) (e) (I), Colorado Revised Statutes, are amended, and the said 40-
6 2-124 (1) (e) is further amended BY THE ADDITION OF THE
7 FOLLOWING NEW SUBPARAGRAPHS, to read:
8
9 40-2-124. Renewable energy standard - definitions - net
10 metering - legislative declaration. (1) Each provider of retail electric
11 service in the state of Colorado, other than municipally owned utilities
12 that serve forty thousand customers or less FEWER, shall be considered a
13 qualifying retail utility. Each qualifying retail utility, with the exception
14 of cooperative electric associations that have voted to exempt themselves
15 from commission jurisdiction pursuant to section 40-9.5-104 and
16 municipally owned utilities, shall be subject to the rules established under
17 this article by the commission. No additional regulatory authority of the
18 commission other than that specifically contained in this section is
19 provided or implied. In accordance with article 4 of title 24, C.R.S., on
20 or before October 1, 2007, the commission shall revise or clarify existing
21 rules to establish the following:
22
23 (e) A standard rebate offer program, under which:
24
25 (I) (A) Each qualifying retail utility, except for cooperative
26 electric associations and municipally owned utilities, shall make available
27 to its retail electricity customers a standard rebate offer of a minimum of
28 two dollars SPECIFIED AMOUNT per watt for the installation of eligible
29 solar electric generation on customers' premises up to a maximum of one
30 hundred kilowatts per installation.
31
32 (B) Such THE STANDARD REBATE offer shall allow the customer's
33 retail electricity consumption to be offset by the solar electricity
34 generated. To the extent that solar electricity generation exceeds the
35 customer's consumption during a billing month, such excess electricity
36 shall be carried forward as a credit to the following month's consumption.
37 To the extent that solar electricity generation exceeds the customer's
38 consumption during a calendar year, the customer shall be reimbursed by
39 the qualifying retail utility at its average hourly incremental cost of
40 electricity supply over the prior twelve-month period unless the customer
41 makes a one-time election, in writing, to request that the excess electricity
42 be carried forward as a credit from month to month indefinitely until the
43 customer terminates service with the qualifying retail utility, at which
44 time no payment shall be required from the qualifying retail utility for any
45 remaining excess electricity supplied by the customer. The qualifying
46 retail utility shall not apply unreasonably burdensome interconnection
47 requirements in connection with this standard rebate offer. Electricity
48 generated under this program shall be eligible for the qualifying retail
49 utility's compliance with this article.
50
51 (I.5) THE AMOUNT OF THE STANDARD REBATE OFFER SHALL BE
52 TWO DOLLARS PER WATT; EXCEPT THAT THE COMMISSION MAY SET THE
53 REBATE AT A LOWER AMOUNT IF THE COMMISSION DETERMINES, BASED
54 UPON A QUALIFYING RETAIL UTILITY'S RENEWABLE RESOURCE PLAN OR
55 APPLICATION, THAT MARKET CHANGES SUPPORT THE CHANGE.
56
1 SECTION 3. The introductory portion to 40-2-124 (1) and 40-2-
2 124 (1) (f) (IV), (1) (g) (I), (1) (g) (III), (1) (g) (IV), and (1) (i), Colorado
3 Revised Statutes, are amended, and the said 40-2-124 (1) (f) is further
4 amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
5
6 40-2-124. Renewable energy standard - definitions - net
7 metering - legislative declaration. (1) Each provider of retail electric
8 service in the state of Colorado, other than municipally owned utilities
9 that serve forty thousand customers or less FEWER, shall be considered a
10 qualifying retail utility. Each qualifying retail utility, with the exception
11 of cooperative electric associations that have voted to exempt themselves
12 from commission jurisdiction pursuant to section 40-9.5-104 and
13 municipally owned utilities, shall be subject to the rules established under
14 this article by the commission. No additional regulatory authority of the
15 commission other than that specifically contained in this section is
16 provided or implied. In accordance with article 4 of title 24, C.R.S., on
17 or before October 1, 2007, the commission shall revise or clarify existing
18 rules to establish the following:
19
20 (f) Policies for the recovery of costs incurred with respect to these
21 standards for qualifying retail utilities that are subject to rate regulation
22 by the commission. These policies shall provide incentives to qualifying
23 retail utilities to invest in eligible energy resources in the state of
24 Colorado. Such policies shall include:
25
26 (IV) Considering, when the qualifying retail utility applies for a
27 certificate of public convenience and necessity under section 40-5-101,
28 rate recovery mechanisms that provide for earlier and timely recovery of
29 costs prudently and reasonably incurred by the qualifying retail utility in
30 developing, constructing, and operating the eligible energy resource,
31 including:
32
33 (A) Rate adjustment clauses until the costs of the eligible energy
34 resource can be included in the utility's base rates; and
35
36 (B) A current return on the utility's capital expenditures during
37 construction at the utility's weighted average cost of capital, including its
38 most recently authorized rate of return on equity, during the construction,
39 startup, and operation phases of the eligible energy resource;
40
41 (VII) A REQUIREMENT THAT ALL DISTRIBUTED RENEWABLE
42 ELECTRIC GENERATION FACILITIES WITH A NAMEPLATE RATING OF ONE
43 MEGAWATT OR MORE BE REGISTERED WITH A RENEWABLE ENERGY
44 GENERATION INFORMATION TRACKING SYSTEM DESIGNATED BY THE
45 COMMISSION.
46
47 (g) Retail rate impact rule:
48
49 (I) (A) Except as otherwise provided in subparagraph (IV) of this
50 paragraph (g), for each qualifying utility, the commission shall establish
51 a maximum retail rate impact for this section of two percent of the total
52 electric bill annually for each customer. The retail rate impact shall be
53 determined net of new alternative sources of electricity supply from
54 noneligible energy resources that are reasonably available at the time of
55 the determination.
56
1 (B) If the retail rate impact does not exceed the maximum impact
2 permitted by this paragraph (g), the qualifying utility may acquire more
3 than the minimum amount of eligible energy resources and renewable
4 energy credits required by this section. AT THE REQUEST OF THE
5 QUALIFYING RETAIL UTILITY AND UPON THE COMMISSION'S APPROVAL, THE
6 QUALIFYING RETAIL UTILITY MAY ADVANCE FUNDS FROM YEAR TO YEAR
7 TO AUGMENT THE AMOUNTS COLLECTED FROM RETAIL CUSTOMERS UNDER
8 THIS PARAGRAPH (g) FOR THE ACQUISITION OF MORE ELIGIBLE ENERGY
9 RESOURCES. SUCH FUNDS SHALL BE REPAID FROM FUTURE RETAIL RATE
10 COLLECTIONS, WITH INTEREST CALCULATED AT THE QUALIFYING RETAIL
11 UTILITY'S AFTER-TAX WEIGHTED AVERAGE COST OF CAPITAL, SO LONG AS
12 THE RETAIL RATE IMPACT DOES NOT EXCEED TWO PERCENT OF THE TOTAL
13 ANNUAL ELECTRIC BILL FOR EACH CUSTOMER.
14
15 (C) AS BETWEEN RESIDENTIAL AND NONRESIDENTIAL RETAIL
16 DISTRIBUTED GENERATION, THE COMMISSION SHALL DIRECT THE UTILITY
17 TO ALLOCATE ITS EXPENDITURES ACCORDING TO THE PROPORTION OF THE
18 UTILITY'S REVENUE DERIVED FROM EACH OF THESE CUSTOMER GROUPS;
19 EXCEPT THAT THE UTILITY MAY ACQUIRE RETAIL DISTRIBUTED
20 GENERATION AT LEVELS THAT DIFFER FROM THESE GROUP ALLOCATIONS
21 BASED UPON MARKET RESPONSE TO THE UTILITY'S PROGRAMS.
22
23 (III) Subject to the maximum retail rate impact permitted by this
24 paragraph (g), the qualifying retail utility shall have the discretion to
25 determine, in a nondiscriminatory manner, the price it will pay for
26 renewable energy credits from on-site customer facilities that are no
27 larger than one FIVE hundred kilowatts.
28
29 (IV) (A) For cooperative electric associations, the maximum retail
30 rate impact for this section is one percent of the total electric bill annually
31 for each customer.
32
33 (B) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH
34 (g), THE COMMISSION MAY ENSURE THAT CUSTOMERS WHO INSTALL
35 DISTRIBUTED GENERATION CONTINUE TO CONTRIBUTE, IN A
36 NONDISCRIMINATORY FASHION, THEIR FAIR SHARE TO THEIR UTILITY'S
37 RENEWABLE ENERGY PROGRAM FUND OR EQUIVALENT RENEWABLE
38 ENERGY SUPPORT MECHANISM EVEN IF SUCH CONTRIBUTION RESULTS IN A
39 CHARGE THAT EXCEEDS TWO PERCENT OF SUCH CUSTOMERS' ANNUAL
40 ELECTRIC BILLS.
41
42 (i) Rules necessary for the administration of this article including
43 enforcement mechanisms necessary to ensure that each qualifying retail
44 utility complies with this standard, and provisions governing the
45 imposition of administrative penalties assessed after a hearing held by the
46 commission pursuant to section 40-6-109. The commission shall exempt
47 a qualifying retail utility from administrative penalties for an individual
48 compliance year if the utility demonstrates that the retail rate impact cap
49 described in paragraph (g) of this subsection (1) has been reached and the
50 utility has not achieved full compliance with paragraph (c) of this
51 subsection (1). THE QUALIFYING RETAIL UTILITY'S ACTIONS UNDER AN
52 APPROVED COMPLIANCE PLAN SHALL CARRY A REBUTTABLE PRESUMPTION
53 OF PRUDENCE. Under no circumstances shall the costs of administrative
54 penalties be recovered from Colorado retail customers.
55
56 SECTION 4. Article 2 of title 40, Colorado Revised Statutes, is
1 amended BY THE ADDITION OF THE FOLLOWING NEW
2 SECTIONS to read:
3
4 40-2-128. Solar photovoltaic installations - supervision by
5 certified practitioners - qualifications of electrical contractors.
6 (1) EFFECTIVE JANUARY 1, 2012, FOR ALL PHOTOVOLTAIC INSTALLATIONS
7 FUNDED WHOLLY OR PARTIALLY THROUGH RATEPAYER-FUNDED
8 INCENTIVES AS PART OF THE RENEWABLE ENERGY STANDARD ADJUSTMENT
9 ALLOWED UNDER SECTION 40-2-124:
10
11 (a) (I) THE PERFORMANCE OF ALL PHOTOVOLTAIC ELECTRICAL
12 WORK, THE INSTALLATION OF PHOTOVOLTAIC MODULES, AND THE
13 INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT SHALL
14 BE SUBJECT TO ON-SITE SUPERVISION BY A CERTIFIED PHOTOVOLTAIC
15 ENERGY PRACTITIONER AS DESIGNATED BY THE NORTH AMERICAN BOARD
16 OF CERTIFIED ENERGY PRACTITIONERS (NABCEP) OR ANOTHER
17 NATIONALLY RECOGNIZED PROFESSIONAL ORGANIZATION DESIGNATED BY
18 THE COLORADO STATE ELECTRICAL BOARD BY RULE. UPON THE INITIAL
19 APPLICATION FOR FUNDING OR IN THE INITIAL CONTRACT PROPOSAL, THE
20 APPLICANT SHALL ASSUME RESPONSIBILITY FOR EMPLOYING OR
21 CONTRACTING WITH ONE OR MORE CERTIFIED ENERGY PRACTITIONERS TO
22 SUPERVISE THE INSTALLATION AND AS NECESSARY TO MAINTAIN THE
23 THREE-TO-ONE RATIO REQUIRED BY PARAGRAPHS (b) AND (c) OF THIS
24 SUBSECTION (1), INCLUDING DURING ANY OFF-SITE, PRE-INSTALLATION
25 ASSEMBLY. APPROVAL OF THE PAYMENT OF ANY INCENTIVES FOR THE
26 WORK SHALL BE CONDITIONED UPON THE APPLICANT'S SUPPLYING THE
27 NAME AND CERTIFICATION NUMBER OF EACH CERTIFIED ENERGY
28 PRACTITIONER WHO ACTUALLY PROVIDED ON-SITE SUPERVISION OR WAS
29 PRESENT TO MAINTAIN THE THREE-TO-ONE RATIO REQUIRED BY
30 PARAGRAPHS (c) AND (d) OF THIS SUBSECTION (1).
31
32 (II) NEITHER THE COMMISSION NOR THE UTILITY SHALL HAVE
33 RESPONSIBILITY FOR MONITORING OR ENFORCING COMPLIANCE WITH THIS
34 SECTION. IT SHALL BE THE RESPONSIBILITY OF THE APPLICANT TO OBTAIN
35 THE INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH
36 (a), AND IT SHALL BE THE RESPONSIBILITY OF THE QUALIFYING RETAIL
37 UTILITY TO OBTAIN FROM THE APPLICANT AND RETAIN, FOR AT LEAST ONE
38 YEAR AFTER COMPLETION OF THE INSTALLATION, COPIES OF ALL
39 DOCUMENTATION SUBMITTED BY THE APPLICANT IN CONNECTION WITH
40 THE INSTALLATION.
41
42 (b) ALL WORK PERFORMED ON THE ALTERNATING-CURRENT SIDE
43 OF THE INVERTER WILL BE PERFORMED BY AN ELECTRICAL CONTRACTOR
44 WHO EMPLOYS A LICENSED JOURNEYMAN ELECTRICIAN OR A LICENSED
45 RESIDENTIAL WIREMAN WHO WILL PERFORM THE WORK. ALL ELECTRICAL
46 WORK THAT PERTAINS TO ARTICLE 23 OF TITLE 12, C.R.S., WILL BE
47 PERFORMED BY AN ELECTRICAL APPRENTICE REGISTERED WITH THE
48 APPROPRIATE STATE REGULATORY AGENCY, A LICENSED JOURNEYMAN
49 ELECTRICIAN, OR A LICENSED RESIDENTIAL WIREMAN. THE APPROPRIATE
50 RATIO OF NO LESS THAN ONE JOURNEYMAN OR RESIDENTIAL WIREMAN FOR
51 EVERY THREE ELECTRICAL APPRENTICES WILL BE MAINTAINED.
52
53 (c) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
54 MORE THAN FIVE HUNDRED KILOWATTS:
55
56 (I) DURING ANY PHOTOVOLTAIC ELECTRICAL WORK, THE RATIO OF
1 THE NUMBER OF PERSONS WHO ARE ASSISTING WITH THE WORK AND WHO
2 ARE NEITHER LICENSED ELECTRICIANS NOR REGISTERED ELECTRICAL
3 APPRENTICES TO THE NUMBER OF PERSONS WHO ARE CERTIFIED AS
4 PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL NEVER
5 EXCEED THREE TO ONE, AND A PERSON WHO IS BOTH LICENSED AND
6 CERTIFIED SHALL NOT COUNT DOUBLE FOR PURPOSES OF MEASURING THIS
7 RATIO; AND
8
9 (II) THERE SHALL BE AT LEAST ONE ON-SITE SUPERVISOR WHO IS
10 CERTIFIED AS PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
11 DURING THE FOLLOWING STAGES; EXCEPT THAT, IF AT ANY TIME DURING
12 ANY OF THE FOLLOWING STAGES, THERE ARE MORE THAN TWELVE PERSONS
13 ON THE WORK SITE WHO ARE NEITHER LICENSED ELECTRICIANS NOR
14 REGISTERED ELECTRICAL APPRENTICES AND WHO ARE NOT CERTIFIED AS
15 PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1), THERE SHALL BE AT
16 LEAST TWO PERSONS WHO ARE CERTIFIED AS PROVIDED IN PARAGRAPH (a)
17 OF THIS SUBSECTION (1) PRESENT ON THE WORK SITE AND PROVIDING
18 DIRECT SUPERVISION:
19
20 (A) THE INSTALLATION OF PHOTOVOLTAIC MODULES;
21
22 (B) THE INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING
23 EQUIPMENT; AND
24
25 (C) ANY PHOTOVOLTAIC ELECTRICAL WORK.
26
27 (d) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
28 FIVE HUNDRED KILOWATTS OR LESS:
29
30 (I) THE RATIO OF THE NUMBER OF PERSONS WHO ARE ASSISTING
31 WITH THE WORK AND WHO ARE NEITHER LICENSED ELECTRICIANS NOR
32 REGISTERED ELECTRICAL APPRENTICES TO THE NUMBER OF PERSONS WHO
33 ARE CERTIFIED AS PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
34 SHALL NEVER EXCEED THREE TO ONE, AND A PERSON WHO IS BOTH
35 LICENSED AND CERTIFIED SHALL NOT COUNT DOUBLE FOR PURPOSES OF
36 MEASURING THIS RATIO, DURING THE FOLLOWING STAGES:
37
38 (A) THE INSTALLATION OF PHOTOVOLTAIC MODULES;
39
40 (B) THE INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING
41 EQUIPMENT; AND
42
43 (C) ANY PHOTOVOLTAIC ELECTRICAL WORK; AND
44
45 (II) THERE SHALL BE, AT ALL TIMES, AT LEAST ONE ON-SITE
46 SUPERVISOR WHO IS CERTIFIED AS PROVIDED IN PARAGRAPH (a) OF THIS
47 SUBSECTION (1).
48
49 (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
50 REQUIRES:
51
52 (a) (I) "PHOTOVOLTAIC ELECTRICAL WORK" MEANS WIRING,
53 GROUNDING, OR REPAIRING ELECTRICAL APPARATUS AND EQUIPMENT IN
54 A PHOTOVOLTAIC DISTRIBUTED GENERATION SYSTEM.
55
56 (II) "PHOTOVOLTAIC ELECTRICAL WORK" INCLUDES THE PRE-
1 INSTALLATION ASSEMBLY OF PHOTOVOLTAIC MODULES TO PHOTOVOLTAIC
2 MODULE MOUNTING EQUIPMENT FOR INSTALLATION ON-SITE.
3
4 (III) "PHOTOVOLTAIC ELECTRICAL WORK" DOES NOT INCLUDE SITE
5 PREPARATION, TRENCHING OR EXCAVATING, HAULING, OR OTHER WORK
6 THAT IS NOT SPECIFICALLY DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF
7 THIS PARAGRAPH (a).
8
9 (b) "PHOTOVOLTAIC MODULE" MEANS THE MODULE OR PANEL
10 THAT GENERATES ELECTRICITY THROUGH A PHOTOVOLTAIC PROCESS.
11
12 (c) "PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT" MEANS THE
13 RACKING, MOUNTING, APPARATUS, EQUIPMENT, OR STRUCTURE THAT
14 PHYSICALLY SUPPORTS AND SECURES ONE OR MORE PHOTOVOLTAIC
15 MODULES IN PLACE OR TO A ROOF, WALL, FOUNDATION, OR PEDESTAL.
16
17 40-2-129. New resource acquisitions - factors in determination
18 - local employment - "best value" metrics. WHEN EVALUATING
19 ELECTRIC RESOURCE ACQUISITIONS, THE COMMISSION SHALL CONSIDER, ON
20 A QUALITATIVE BASIS, FACTORS THAT AFFECT EMPLOYMENT AND THE
21 LONG-TERM ECONOMIC VIABILITY OF COLORADO COMMUNITIES. TO THIS
22 END, THE COMMISSION SHALL REQUIRE UTILITIES TO REQUEST THE
23 FOLLOWING INFORMATION REGARDING "BEST VALUE" EMPLOYMENT
24 METRICS: THE AVAILABILITY OF TRAINING PROGRAMS, INCLUDING
25 TRAINING THROUGH APPRENTICESHIP PROGRAMS REGISTERED WITH THE
26 UNITED STATES DEPARTMENT OF LABOR, OFFICE OF APPRENTICESHIP AND
27 TRAINING; EMPLOYMENT OF COLORADO WORKERS AS COMPARED TO
28 IMPORTATION OF OUT-OF-STATE WORKERS; LONG-TERM CAREER
29 OPPORTUNITIES; AND INDUSTRY- STANDARD WAGES, HEALTH CARE, AND
30 PENSION BENEFITS. WHEN A UTILITY PROPOSES TO CONSTRUCT NEW
31 FACILITIES OF ITS OWN, THE UTILITY SHALL SUPPLY SIMILAR INFORMATION
32 TO THE COMMISSION.
33
34 SECTION 5. Article 38.5 of title 24, Colorado Revised Statutes,
35 is amended BY THE ADDITION OF A NEW SECTION to read:
36
37 24-38.5-104. Photovoltaic installer qualifications - cooperation
38 with department of regulatory agencies. (1) EFFECTIVE JULY 1, 2011,
39 ALL PHOTOVOLTAIC INSTALLATIONS FUNDED WHOLLY OR PARTIALLY
40 THROUGH STATE OR FEDERAL GRANTS, INCLUDING GRANTS UNDER THE
41 FEDERAL "AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009",
42 PUB.L. 111-5, SHALL BE SUBJECT TO THE REQUIREMENTS SET FORTH IN
43 SECTION 40-2-128, C.R.S.
44
45 (2) IF THE GOVERNOR, BY EXECUTIVE ORDER, APPOINTS A
46 COMMITTEE TO STUDY THE DESIRABILITY OF CREDENTIALING OF SOLAR
47 INSTALLERS, THE COMMITTEE, OR THE GOVERNOR'S ENERGY OFFICE ON THE
48 COMMITTEE'S BEHALF, IS SPECIFICALLY AUTHORIZED TO SUBMIT A
49 PROPOSAL FOR SUCH CREDENTIALING TO THE DEPARTMENT OF
50 REGULATORY AGENCIES PURSUANT TO SECTION 24-34-104.1 (2). IN
51 ADDITION, THE COMMITTEE MAY STUDY AND MAKE RECOMMENDATIONS
52 CONCERNING THE SCOPE-OF-WORK PROVISIONS OF SECTION 40-2-128,
53 SPECIFICALLY INCLUDING ENFORCEMENT OF THE SUPERVISION AND
54 WORKER RATIO REQUIREMENTS OF SECTION 40-2-128 (1) (c) AND (1) (d).
55
56 SECTION 6. 24-38.7-104, Colorado Revised Statutes, is
1 amended BY THE ADDITION OF A NEW SUBSECTION to read:
2
3 24-38.7-104. Program administrator - training and
4 certification of contractors - reporting. (2.5) (a) EFFECTIVE JULY 1,
5 2011, THE ISSUANCE OF A CLEAN ENERGY LOAN UNDER THIS ARTICLE FOR
6 THE INSTALLATION OF SOLAR PHOTOVOLTAIC EQUIPMENT SHALL BE
7 CONDITIONED UPON THE BORROWER'S CERTIFICATION THAT:
8
9 (I) THE PERFORMANCE OF ALL PHOTOVOLTAIC ELECTRICAL WORK,
10 THE INSTALLATION OF PHOTOVOLTAIC MODULES, AND THE INSTALLATION
11 OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT SHALL BE SUBJECT TO
12 ON-SITE SUPERVISION BY A CERTIFIED PHOTOVOLTAIC ENERGY
13 PRACTITIONER AS DESIGNATED BY THE NORTH AMERICAN BOARD OF
14 CERTIFIED ENERGY PRACTITIONERS (NABCEP) OR ANOTHER NATIONALLY
15 RECOGNIZED PROFESSIONAL ORGANIZATION DESIGNATED BY THE
16 COLORADO STATE ELECTRICAL BOARD BY RULE. UPON THE INITIAL
17 APPLICATION FOR FUNDING OR IN THE INITIAL CONTRACT PROPOSAL, THE
18 APPLICANT SHALL ASSUME RESPONSIBILITY FOR EMPLOYING OR
19 CONTRACTING WITH ONE OR MORE CERTIFIED ENERGY PRACTITIONERS TO
20 SUPERVISE THE INSTALLATION AND AS NECESSARY TO MAINTAIN THE
21 THREE-TO-ONE RATIO REQUIRED BY SUBPARAGRAPHS (II) AND (III) OF THIS
22 PARAGRAPH (a), INCLUDING DURING ANY OFF-SITE, PRE-INSTALLATION
23 ASSEMBLY. FINAL PAYMENT FOR THE WORK SHALL BE CONDITIONED UPON
24 THE APPLICANT'S SUPPLYING THE NAME AND CERTIFICATION NUMBER OF
25 EACH CERTIFIED ENERGY PRACTITIONER WHO ACTUALLY PROVIDED ON-
26 SITE SUPERVISION OR WAS PRESENT TO MAINTAIN THE THREE-TO-ONE
27 RATIO REQUIRED BY SUBPARAGRAPHS(III) AND (IV) OF THIS SUBSECTION
28 (1).
29
30 (II) ALL WORK PERFORMED ON THE ALTERNATING-CURRENT SIDE
31 OF THE INVERTER WILL BE PERFORMED BY AN ELECTRICAL CONTRACTOR
32 WHO EMPLOYS A LICENSED JOURNEYMAN ELECTRICIAN OR A LICENSED
33 RESIDENTIAL WIREMAN WHO WILL PERFORM THE WORK. ALL ELECTRICAL
34 WORK THAT PERTAINS TO ARTICLE 23 OF TITLE 12, C.R.S., WILL BE
35 PERFORMED BY AN ELECTRICAL APPRENTICE REGISTERED WITH THE
36 APPROPRIATE STATE REGULATORY AGENCY, A LICENSED JOURNEYMAN
37 ELECTRICIAN, OR A LICENSED RESIDENTIAL WIREMAN. THE APPROPRIATE
38 RATIO OF NO LESS THAN ONE JOURNEYMAN OR RESIDENTIAL WIREMAN FOR
39 EVERY THREE ELECTRICAL APPRENTICES WILL BE MAINTAINED.
40
41 (III) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
42 MORE THAN FIVE HUNDRED KILOWATTS:
43
44 (A) DURING ANY PHOTOVOLTAIC ELECTRICAL WORK, THE RATIO OF
45 THE NUMBER OF PERSONS WHO ARE ASSISTING WITH THE WORK AND WHO
46 ARE NEITHER LICENSED ELECTRICIANS NOR REGISTERED ELECTRICAL
47 APPRENTICES TO THE NUMBER OF PERSONS WHO ARE CERTIFIED AS
48 PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) SHALL NEVER
49 EXCEED THREE TO ONE, AND A PERSON WHO IS BOTH LICENSED AND
50 CERTIFIED SHALL NOT COUNT DOUBLE FOR PURPOSES OF MEASURING THIS
51 RATIO; AND
52
53 (B) THERE SHALL BE AT LEAST ONE ON-SITE SUPERVISOR WHO IS
54 CERTIFIED AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a)
55 DURING THE INSTALLATION OF PHOTOVOLTAIC MODULES, THE
56 INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT, AND
1 ANY PHOTOVOLTAIC ELECTRICAL WORK; EXCEPT THAT, IF AT ANY TIME
2 DURING ANY OF THESE STAGES, THERE ARE MORE THAN TWELVE PERSONS
3 ON THE WORK SITE WHO ARE NEITHER LICENSED ELECTRICIANS NOR
4 REGISTERED ELECTRICAL APPRENTICES AND WHO ARE NOT CERTIFIED AS
5 PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), THERE SHALL BE
6 AT LEAST TWO PERSONS WHO ARE CERTIFIED AS PROVIDED IN
7 SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) PRESENT ON THE WORK SITE
8 AND PROVIDING DIRECT SUPERVISION:
9
10 (IV) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
11 FIVE HUNDRED KILOWATTS OR LESS:
12
13 (A) DURING THE INSTALLATION OF PHOTOVOLTAIC MODULES, THE
14 INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT, AND
15 ANY PHOTOVOLTAIC ELECTRICAL WORK, THE RATIO OF THE NUMBER OF
16 PERSONS WHO ARE ASSISTING WITH THE WORK AND WHO ARE NEITHER
17 LICENSED ELECTRICIANS NOR REGISTERED ELECTRICAL APPRENTICES TO
18 THE NUMBER OF PERSONS WHO ARE CERTIFIED AS PROVIDED IN PARAGRAPH
19 (a) OF THIS SUBSECTION (1) SHALL NEVER EXCEED THREE TO ONE, AND A
20 PERSON WHO IS BOTH LICENSED AND CERTIFIED SHALL NOT COUNT DOUBLE
21 FOR PURPOSES OF MEASURING THIS RATIO; AND
22
23 (B) THERE SHALL BE, AT ALL TIMES, AT LEAST ONE ON-SITE
24 SUPERVISOR WHO IS CERTIFIED AS PROVIDED IN SUBPARAGRAPH (I) OF THIS
25 PARAGRAPH (a).
26
27 (b) AS USED IN THIS SUBSECTION (2.5), THE TERMS
28 "PHOTOVOLTAIC ELECTRICAL WORK" AND "PHOTOVOLTAIC MODULE
29 MOUNTING EQUIPMENT" SHALL HAVE THE MEANINGS SET FORTH IN
30 SECTION 40-2-128, C.R.S.
31
32 SECTION 7. 40-2-109.5, Colorado Revised Statutes, is amended
33 BY THE ADDITION OF A NEW SUBSECTION to read:
34
35 40-2-109.5. Incentives for distributed generation - definition.
36 (3) EFFECTIVE JANUARY 1, 2012, ALL PHOTOVOLTAIC INSTALLATIONS
37 FUNDED WHOLLY OR PARTIALLY THROUGH FINANCIAL INCENTIVES UNDER
38 THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS SET FORTH IN
39 SECTION 40-2-128.
40
41 SECTION 8. Act subject to petition - effective date. This act
42 shall take effect at 12:01 a.m. on the day following the expiration of the
43 ninety-day period after final adjournment of the general assembly (August
44 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a
45 referendum petition is filed pursuant to section 1 (3) of article V of the
46 state constitution against this act or an item, section, or part of this act
47 within such period, then the act, item, section, or part shall not take effect
48 unless approved by the people at the general election to be held in
49 November 2010 and shall take effect on the date of the official
50 declaration of the vote thereon by the governor.".
51
52 Page 1, line 106, strike "FIVE" and substitute "THREE".
53
54
BILL HB10-1002 |
BILL HB10-1015 |
BILL HB10-1042 |
House Journal, February 19
1 Amendment No. 1, Finance Report, dated February 10, 2010, and placed
2 in member’s bill file; Report also printed in House Journal, February 11,
3 page 304.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7
Senate Journal, April 5
After consideration on the merits, the Committee recommends that HB10-1042 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, strike lines 22 through 27.
Page 4, strike lines 1 through 18 and substitute:
"SECTION 3. Repeal. 25-7-114.5 (14), Colorado Revised
Statutes, is repealed as follows:
25-7-114.5. Application review - public participation.
(14) The commission shall designate a member of the air pollution".
Health &
Human
Services
BILL HB10-1072 |
BILL HB10-1088 |
BILL HB10-1098 |
House Journal, February 26
5 HB10-1098 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, page 3, strike lines 6 through 9 and substitute:
10
11 "(c) WRITTEN MINUTES SHALL BE MADE OF ALL MEETINGS OF THE
12 BOARD OF DIRECTORS AND SHALL BE POSTED ON THE WEB SITE OF THE
13 ASSOCIATION AS SOON AS THEY HAVE BEEN APPROVED. UPON REQUEST BY
14 A MEMBER OF THE BOARD, THAT MEMBER'S OWN VOTE ON ANY ISSUE
15 SHALL BE NOTED IN THE MINUTES.".
16
17 Page 3, strike lines 17 and 18 and substitute "ASSOCIATION'S WEB SITE.
18 THE ELECTION POLICY SHALL".
19
20 Page 4, line 2, strike "AND MAILING".
21
22 Page 4, line 6, strike "SIX MONTHS BEFORE THE ELECTION AND AGAIN".
23
24 Page 4, line 12, after "ANY" insert "MANAGEMENT-LEVEL".
25
26 Page 4, line 13, strike "IS HIRED BY" and substitute "REPORTS DIRECTLY
27 TO".
28
29 Page 5, line 7, strike "ELECTRONIC FILES OF".
30
31 Page 5, line 10, after the period add "CANDIDATES SHALL USE SUCH LISTS
32 ONLY FOR PURPOSES OF THE ELECTION AND SHALL RETURN OR DESTROY
33 THEM IMMEDIATELY AFTER THE ELECTION.".
34
35 Page 5, line 16, after "(2) (a)" insert "(I)".
36
37 Page 5, strike line 18 and substitute "for such purpose or by mail, BUT
38 NOT BOTH. A MEMBER WHO HAS VOTED BY MAIL SHALL NOT BE ENTITLED
39 TO VOTE AT THE MEETING.
40
41 (II) Mail voting shall be in writing on ballots".
42
43 Page 5, strike lines 24 through 27.
44
45 Page 6, strike line 1 and substitute "the meeting held for the purpose of
46 electing the board of directors. The presence of a member at such
47 meeting shall revoke a mail vote theretofore executed by such member,
48 and such member shall be entitled to vote at such meeting in the same
49 manner and with the same effect as if such member had not voted by
50 mail.".
51
52 Page 6, strike lines 9 through 14 and substitute "PRIVACY OF THEIR
53 CONTENT. ALL CANDIDATES FOR THE BOARD OF DIRECTORS SHALL BE
54 GIVEN THE OPPORTUNITY TO BE PRESENT TO OBSERVE THEIR
55 TABULATION.".
56
1 Page 6, line 22, strike "THREE" and substitute "TWO".
2
3 Page 7, line 7, strike "(a)" and strike "AND LOCATION" and substitute
4 "LOCATION, AND AGENDA".
5
6 Page 7, line 9, strike "FOURTEEN" and substitute "TEN".
7
8 Page 7, strike lines 14 through 23.
9
10
House Journal, March 5
31 Amendment No. 1, Transportation & Energy Report, dated
32 February 25, 2010, and placed in member’s bill file; Report also printed
33 in House Journal, February 26, pages 598-599.
34
35 Amendment No. 2, by Representative(s) Levy.
36
37 Amend the Transportation and Energy Committee report, dated February
38 25, 2010, page 1, line 1, strike "page 3," and substitute:
39
40 "page 2, line 7, after "EVERY" insert "REGULAR".
41
42 Page 3,".
43
44 Page 1 of the report, strike lines 2 through 4 and substitute:
45
46 ""(c) WRITTEN MINUTES SHALL BE MADE OF ALL MEETINGS OF THE
47 BOARD OF DIRECTORS. THE MINUTES SHALL BE POSTED ON THE WEB SITE
48 OF THE ASSOCIATION AS SOON AS THEY HAVE BEEN APPROVED AND SHALL
49 REMAIN POSTED UNTIL AT LEAST SIX MONTHS AFTER THE DATE OF THE
50 MEETING. UPON REQUEST BY".
51
52 Page 2 of the report, strike line 17 and substitute:
53
54 "Page 6 of the bill, strike lines 17 through 22 and substitute:
55
56
1 "(4) NEITHER THE ASSOCIATION NOR THE BOARD OF DIRECTORS
2 SHALL ENDORSE OR OPPOSE THE CANDIDACY OF AN INCUMBENT BOARD
3 MEMBER OR OTHER CANDIDATE FOR A POSITION ON THE BOARD. DURING
4 THE TWO MONTHS".".
5
6 As amended, ordered engrossed and placed on the Calendar for Third
7 Reading and Final Passage.
8
Senate Journal, March 25
After consideration on the merits, the Committee recommends that HB10-1098 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 5, line 26, strike "Envelopes containing".
Page 5, strike line 27.
Page 6, line 1, strike everything before "The" and substitute "Envelopes
containing mail ballots shall remain sealed and uncounted until the
meeting held for the purpose of electing the board of directors.".
Local
Government
and Energy
Senate Journal, April 1
HB10-1098 by Representative(s) Levy; also Senator(s) Hodge--Concerning increased transparency in
the governance of cooperative electric associations.
Senator Cadman moved to amend the Report of the Committee of the Whole to
show that the following Cadman floor amendment, (L.016) to HB 10-1098, did
pass.
Amend reengrossed bill, page 3, line 13, strike "THE FOLLOWING" and
substitute "A".
Page 3, line 14, strike "SECTIONS" and substitute "SECTION".
Page 4, strike lines 10 through 18.
Senate Journal, April 1
HB10-1098 by Representative(s) Levy; also Senator(s) Hodge--Concerning increased transparency in
the governance of cooperative electric associations.
Senator Cadman moved to amend the Report of the Committee of the Whole to show that
the following Cadman floor amendment, (L.016) to HB 10-1098, did pass.
Amend reengrossed bill, page 3, line 13, strike "THE FOLLOWING" and substitute "A".
Page 3, line 14, strike "SECTIONS" and substitute "SECTION".
Page 4, strike lines 10 through 18.
BILL HB10-1107 |
House Journal, February 3
24 HB10-1107 be amended as follows, and as so amended, be referred to
25 the Committee of the Whole with favorable
26 recommendation:
27
28 Amend printed bill, page 3, line 22, strike "IS" and substitute "HAS BEEN".
29
30 Page 4, line 2, strike "C.R.S." and substitute "C.R.S., AT ANY TIME
31 DURING THE FIVE-YEAR PERIOD PRIOR TO THE DATE OF ADOPTION OF AN
32 URBAN RENEWAL PLAN OR ANY MODIFICATION OF SUCH A PLAN.".
33
34 Page 4, strike lines 17 and 18 and substitute:
35
36 "31-25-107 (3.5) (a), 31-25-107 (9) (a) (II), (10) (a), and (11),".
37
38 Page 9, strike lines 10 through 26.
39
40 Page 10, after line 10 insert:
41
42 "SECTION 5. 31-25-107 (3.5), Colorado Revised Statutes, is
43 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
44
45 31-25-107. Approval of urban renewal plans by local
46 governing body. (3.5) (c) NOTWITHSTANDING ANY OTHER PROVISION OF
47 THIS SECTION, A CITY AND COUNTY SHALL NOT BE REQUIRED TO SUBMIT AN
48 URBAN RENEWAL IMPACT REPORT SATISFYING THE REQUIREMENTS OF
49 PARAGRAPH (a) OF THIS SUBSECTION (3.5).".
50
51 Renumber succeeding sections accordingly.
52
53
House Journal, February 5
29 Amendment No. 1, Agriculture, Livestock, & Natural Resources Report,
30 dated February 3, 2010, and placed in member’s bill file; Report also
31 printed in House Journal, February 3, page 175.
32
33 Amendment No. 2, by Representative(s) McNulty.
34
35 Amend printed bill, page 11, strike lines 9 through 14 and substitute:
36 "SECTION 6. Act subject to petition - effective date -
37 applicability. (1) This act shall take effect at 12:01 a.m. on the day
38 following the expiration of the ninety-day period after final adjournment
39 of the general assembly (August 11, 2010, if adjournment sine die is on
40 May 12, 2010); except that, if a referendum petition is filed pursuant to
41 section 1 (3) of article V of the state constitution against this act or an
42 item, section, or part of this act within such period, then the act, item,
43 section, or part shall not take effect unless approved by the people at the
44 general election to be held in November 2010 and shall take effect on the
45 date of the official declaration of the vote thereon by the governor.
46
47 (2) The provisions of this act shall apply to urban renewal plans
48 approved or substantially modified on or after the applicable effective
49 date of this act.".
50
51 As amended, ordered engrossed and placed on the Calendar for Third
52 Reading and Final Passage.
53
Senate Journal, March 10
After consideration on the merits, the Committee recommends that HB10-1107 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 6, after line 6 insert:
"(III) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART 1,
FOR A PERIOD COMMENCING ON THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH (III) AND CONCLUDING TEN YEARS FROM THE EFFECTIVE
DATE OF THIS SUBPARAGRAPH (III) AND IN ADDITION TO THE PROVISIONS
OF SUBPARAGRAPH (II) OF THIS PARAGRAPH (c), NO AREA THAT HAS BEEN
DESIGNATED AS AN URBAN RENEWAL AREA SHALL CONTAIN ANY
AGRICULTURAL LAND UNLESS:
(A) THE AGRICULTURAL LAND IS CONTIGUOUS WITH AN URBAN
RENEWAL AREA IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH (III);
(B) THE PERSON WHO IS THE FEE SIMPLE OWNER OF THE
AGRICULTURAL LAND AS OF THE EFFECTIVE DATE OF THIS SUBPARAGRAPH
(III) IS ALSO THE FEE SIMPLE OWNER OF LAND WITHIN THE URBAN
RENEWAL AREA AS OF THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (III)
THAT IS CONTIGUOUS WITH THE AGRICULTURAL LAND; AND
(C) BOTH THE AGRICULTURAL LAND AND THE LAND WITHIN THE
URBAN RENEWAL AREA THAT IS DESCRIBED IN SUB-SUBPARAGRAPH (B) OF
THIS SUBPARAGRAPH (III) WILL BE DEVELOPED SOLELY FOR THE PURPOSE
OF CREATING PRIMARY MANUFACTURING JOBS, AND ANY ANCILLARY JOBS
NECESSARY TO SUPPORT SUCH MANUFACTURING OPERATIONS, FOR THE
DURATION OF THE PERIOD DURING WHICH PROPERTY TAX REVENUES IN
EXCESS OF A BASE AMOUNT ARE PAID INTO A SPECIAL FUND PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH (a) OF SUBSECTION (9) OF THIS
SECTION FOR THE PURPOSE OF FINANCING AN URBAN RENEWAL PROJECT.
FOR PURPOSES OF THIS SUBPARAGRAPH (III), "PRIMARY MANUFACTURING
JOBS" MEANS MANUFACTURING JOBS THAT PRODUCE PRODUCTS THAT ARE
IN EXCESS OF THOSE THAT WILL BE CONSUMED WITHIN THE BOUNDARIES
OF THE STATE AND THAT ARE EXPORTED TO OTHER STATES AND FOREIGN
COUNTRIES IN EXCHANGE FOR VALUE.".
Page 7, line 24, strike "(II)" and substitute "(II), OR ALL OF THE
CONDITIONS SPECIFIED IN SUBPARAGRAPH (III),".
Page 7, line 25, strike "HAS" and substitute "HAVE".
Page 8, strike lines 1 through 5 and substitute "ITS FAIR MARKET VALUE
IN MAKING THE CALCULATION OF THE TAXES TO BE PAID TO THE PUBLIC
BODIES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS
SUBSECTION (9) SOLELY FOR THE PURPOSE OF DETERMINING THE TAX
INCREMENT AVAILABLE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH
(a) OF THIS SUBSECTION (9). NOTHING IN THIS SECTION SHALL AFFECT THE
ACTUAL CLASSIFICATION, OR REQUIRE RECLASSIFICATION, OF
AGRICULTURAL LAND FOR PROPERTY TAX PURPOSES, AND NOTHING IN
THIS SECTION SHALL AFFECT THE TAXES ACTUALLY TO BE PAID TO THE
PUBLIC BODIES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (a) OF
THIS SUBSECTION (9), WHICH SHALL CONTINUE TO BE BASED ON THE
AGRICULTURAL CLASSIFICATION OF SUCH LAND UNLESS AND UNTIL IT HAS
BEEN RECLASSIFIED IN THE NORMAL COURSE OF THE ASSESSMENT
PROCESS.".
Page 9, line 21, after "(II)" insert "OR (III)".
Page 10, line 12, after "(II)" insert "OR (III)".
Page 10, line 22, after "(II)" insert "OR (III)".
State,
Veterans, &
Military
Affairs
Senate Journal, March 15
HB10-1107 by Representative(s) Fischer, Ferrandino, Hullinghorst, Pommer; also Senator(s) Carroll M.,
Tochtrop--Concerning limitations on the inclusion of agricultural lands within urban
renewal areas.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, March 10, page 481 and placed in members' bill files.)
Amendment No. 2(L.018), by Senator Carroll.
Amend reengrossed bill, strike page 11 and substitute:
"SECTION 7. Specified effective date - applicability. This act
shall take effect June 1, 2010, and shall apply to urban renewal plans
approved or substantially modified on or after said date.
SECTION 8. 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.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
BILL HB10-1118 |
House Journal, February 10
16 HB10-1118 be amended as follows, and as so amended, be referred to
17 the Committee of the Whole with favorable
18 recommendation:
19
20 Amend printed bill, page 2, line 9, strike "REQUIRING," and substitute
21 "REQUIRING".
22
23 Page 2, strike lines 10 through 13 and substitute "THAT SUCH REAL
24 PROPERTY BE SECURED, MAINTAINED, AND INSURED BY THE OWNER OF
25 SUCH REAL PROPERTY OR, IF APPLICABLE, BY A HOLDER OF A LIEN THAT
26 HAS TAKEN POSSESSION OF SUCH REAL PROPERTY PURSUANT TO PART 6 OF
27 ARTICLE 38 OF TITLE 38, C.R.S., OR ANY RECEIVER APPOINTED TO TAKE
28 POSSESSION OF OR TO PRESERVE THE REAL PROPERTY. THE COUNTY MAY
29 REQUIRE THAT REAL PROPERTY OWNERS OR PARTIES FORECLOSING ON A
30 LIEN PROVIDE TO THE COUNTY PLANNING AND ZONING DEPARTMENT
31 CONTACT INFORMATION FOR THE PERSON OR ENTITY RESPONSIBLE FOR THE
32 PRESERVATION OF THE REAL PROPERTY.".
33
34 Page 2, strike line 15 and substitute "PROPERTY" MEANS ANY REAL
35 PROPERTY IN FORECLOSURE OR ANY VACANT OR ABANDONED REAL".
36
37
Senate Journal, March 23
HB10-1118 by Representative(s) Kerr J.; also Senator(s) Hudak--Concerning the regulation of distressed
real property by a board of county commissioners.
Amendment No. 1(L.006), by Senator Hudak.
Amend reengrossed bill, page 2, line 15, strike "OWNERS OR PARTIES" and
substitute "OWNERS,".
Page 2, line 16, strike "FORECLOSING ON A LIEN" and substitute "A
HOLDER IN POSSESSION PURSUANT TO PART 6 OF ARTICLE 38 OF TITLE 38,
C.R.S., OR ANY RECEIVER APPOINTED TO PRESERVE OR TAKE POSSESSION
OF REAL PROPERTY".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
BILL HB10-1169 |
BILL HB10-1396 |
BILL SB10-028 |
Senate Journal, February 19
After consideration on the merits, the Committee recommends that SB10-028 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, strike everything below the enacting clause and
substitute:
"SECTION 1. Article 75 of title 8, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW PART to read:
PART 2
WORK SHARE PROGRAM
8-75-201. Short title. THIS PART 2 SHALL BE KNOWN AND MAY
BE CITED AS THE "COLORADO WORK SHARE PROGRAM".
8-75-202. Definitions. AS USED IN THIS PART 2, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "AFFECTED UNIT" MEANS A SPECIFIED PLANT, DEPARTMENT,
SHIFT, OR OTHER DEFINABLE UNIT TO WHICH A WORK SHARE PLAN
APPLIES.
(2) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF
EMPLOYMENT AND TRAINING IN THE DEPARTMENT OF LABOR AND
EMPLOYMENT OR HIS OR HER DESIGNEE.
(3) "NORMAL WEEKLY WORK HOURS" MEANS THE NUMBER OF
HOURS IN A WEEK THAT AN EMPLOYEE ORDINARILY WORKS FOR A
PARTICIPATING EMPLOYER OR FORTY HOURS, WHICHEVER IS LESS.
(4) "WORK SHARE PLAN" MEANS A PLAN FOR REDUCING
UNEMPLOYMENT UNDER WHICH EMPLOYEES WHO ARE MEMBERS OF AN
AFFECTED UNIT SHARE THE WORK REMAINING AFTER A REDUCTION IN
THEIR NORMAL WEEKLY WORK HOURS.
8-75-203. Work share program - work share plan - eligibility
of employer - approval - denial. (1) THE DIRECTOR SHALL ESTABLISH
A VOLUNTARY WORK SHARE PROGRAM FOR THE PURPOSE OF ALLOWING
THE PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFITS TO
EMPLOYEES WHOSE WAGES AND HOURS HAVE BEEN REDUCED. IN ORDER
TO PARTICIPATE IN THE WORK SHARE PROGRAM, AN EMPLOYER SHALL
SUBMIT A WORK SHARE PLAN IN WRITING TO THE DIRECTOR FOR
APPROVAL. IF THE EMPLOYER IS SUBJECT TO A COLLECTIVE BARGAINING
AGREEMENT, THE COLLECTIVE BARGAINING UNIT MUST AGREE IN WRITING
TO THE WORK SHARE PLAN PRIOR TO IMPLEMENTATION. AN EMPLOYER
THAT IS A NEGATIVE EXCESS EMPLOYER PURSUANT TO SECTION 8-76-103
(3) (b) IS NOT ELIGIBLE TO PARTICIPATE IN THE WORK SHARE PROGRAM.
AN EMPLOYER THAT DOES NOT CONTRIBUTE TO THE UNEMPLOYMENT
COMPENSATION FUND ESTABLISHED IN SECTION 8-77-101, AS REQUIRED,
IS NOT ELIGIBLE TO PARTICIPATE IN THE WORK SHARE PROGRAM.
(2) AN EMPLOYER SHALL SUBMIT A WORK SHARE PLAN TO THE
DIVISION ON FORMS AND FOLLOWING PROCEDURES REQUIRED BY THE
DIRECTOR. THE DIRECTOR MAY APPROVE A WORK SHARE PLAN IF:
(a) THE PLAN APPLIES TO AND IDENTIFIES A SPECIFIC AFFECTED
UNIT;
(b) THE PLAN IDENTIFIES THE EMPLOYEES IN THE AFFECTED UNIT
BY NAME AND SOCIAL SECURITY NUMBER;
(c) THE PLAN REDUCES THE NORMAL WORK FOR AN EMPLOYEE IN
THE AFFECTED UNIT BY AT LEAST TEN PERCENT AND NOT MORE THAN
FORTY PERCENT; AND
(d) THE PLAN APPLIES TO AT LEAST TEN PERCENT OF THE
EMPLOYEES IN THE AFFECTED UNIT.
(3) THE DIRECTOR SHALL NOT APPROVE A WORK SHARE PLAN
UNLESS THE EMPLOYER:
(a) AGREES THAT FOR THE DURATION OF THE EMPLOYER'S
PARTICIPATION IN THE WORK SHARE PROGRAM, THE EMPLOYER SHALL
NOT ELIMINATE OR DIMINISH HEALTH INSURANCE, RETIREMENT BENEFITS
RECEIVED UNDER A PENSION PLAN, PAID VACATION AND HOLIDAYS, SICK
LEAVE, OR ANY OTHER SIMILAR EMPLOYEE BENEFIT PROVIDED BY THE
EMPLOYER IMMEDIATELY PRIOR TO SUBMITTING THE WORK SHARE PLAN
TO THE DIVISION, IF THE EMPLOYER PROVIDES BENEFITS TO HIS OR HER
EMPLOYEES;
(b) CERTIFIES THAT THE COLLECTIVE BARGAINING AGENT FOR THE
EMPLOYEES, IF APPLICABLE, HAS AGREED TO THE WORK SHARE PLAN;
(c) CERTIFIES THAT THE TOTAL EMPLOYEE WORK HOURS OF THE
AFFECTED UNIT WOULD BE REDUCED AT THE SAME PERCENTAGE RATE AS
THOSE PROPOSED IN THE WORK SHARE PLAN IF THE EMPLOYER WERE NOT
PARTICIPATING IN THE WORK SHARE PROGRAM;
(d) CERTIFIES THAT THE EMPLOYER WILL NOT EMPLOY
ADDITIONAL EMPLOYEES IN THE AFFECTED UNIT WHILE PARTICIPATING IN
THE WORK SHARE PROGRAM;
(e) AGREES THAT NO EMPLOYEE PARTICIPATING IN THE WORK
SHARE PROGRAM SHALL RECEIVE, IN THE AGGREGATE, MORE THAN
EIGHTEEN WEEKS OF BENEFITS;
(f) AGREES TO PROVIDE A STRATEGY FOR IMPLEMENTING A
FOLLOW-UP PLAN TO THE WORK SHARE PLAN THAT RESTORES THE TOTAL
NUMBER OF WORK HOURS TO EACH PARTICIPATING EMPLOYEE TO THE
AMOUNT OF HOURS WORKED PRIOR TO PARTICIPATION IN THE PROGRAM;
AND
(g) AGREES TO SUBMIT REPORTS CONCERNING THE OPERATION OF
THE WORK SHARE PLAN TO THE DIVISION UPON REQUEST OF THE
DIRECTOR.
(4) THE DIRECTOR SHALL APPROVE OR DENY THE WORK SHARE
PLAN IN WRITING NO LATER THAN THIRTY DAYS AFTER THE DATE THE
DIVISION RECEIVES THE PLAN. IF THE DIRECTOR DENIES THE WORK SHARE
PLAN, HE OR SHE SHALL INFORM THE EMPLOYER IN WRITING OF THE
REASONS FOR THE DENIAL.
8-75-204. Employee eligibility for unemployment benefits
under the work share plan. (1) NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE, AN EMPLOYEE MAY BE ELIGIBLE FOR
UNEMPLOYMENT COMPENSATION BENEFITS FOR A PARTICULAR WEEK
PURSUANT TO THIS PART 2 IF:
(a) THE EMPLOYEE IS EMPLOYED AS A MEMBER OF AN AFFECTED
UNIT THAT IS SUBJECT TO AN APPROVED WORK SHARE PLAN THAT IS IN
EFFECT FOR THAT WEEK;
(b) THE EMPLOYEE'S NORMAL WEEKLY WORK HOURS HAVE BEEN
REDUCED BY AT LEAST TEN PERCENT BUT NOT MORE THAN FORTY
PERCENT AND THE EMPLOYEE HAS RECEIVED A CORRESPONDING
REDUCTION IN WAGES FOR THAT WEEK; AND
(c) THE EMPLOYEE IS ABLE AND AVAILABLE TO WORK ADDITIONAL
OR FULL-TIME HOURS WITH HIS OR HER EMPLOYER.
(2) THE ELIGIBILITY REQUIREMENTS FOR THE RECEIPT OF
UNEMPLOYMENT COMPENSATION BENEFITS RELATED TO THE
AVAILABILITY FOR WORK, ACTIVELY SEEKING WORK, AND REFUSING TO
APPLY FOR OR TO ACCEPT WORK WITH AN EMPLOYER OTHER THAN THE
EMPLOYEE'S CURRENT EMPLOYER, PURSUANT TO SECTIONS 8-73-107 AND
8-73-108 (5), SHALL NOT APPLY TO AN EMPLOYEE SUBJECT TO THIS PART
2.
8-75-205. Benefits formula - limitation of benefits.
(1) Formula. THE DIVISION SHALL PAY AN EMPLOYEE WHO IS ELIGIBLE
FOR UNEMPLOYMENT COMPENSATION BENEFITS UNDER A WORK SHARE
PLAN A WEEKLY BENEFIT THAT IS THE PRODUCT OF THE EMPLOYEE'S
REGULAR WEEKLY BENEFIT AMOUNT PURSUANT TO ARTICLE 73 OF THIS
TITLE, MULTIPLIED BY THE NEAREST FULL PERCENTAGE OF THE
REDUCTION OF THE EMPLOYEE'S WORK HOURS, ROUNDED DOWN TO THE
NEXT FULL DOLLAR.
(2) Limitations. (a) AN INDIVIDUAL IS NOT ENTITLED TO
RECEIVE UNEMPLOYMENT COMPENSATION BENEFITS PURSUANT TO THIS
PART 2 AND REGULAR UNEMPLOYMENT COMPENSATION BENEFITS THAT
EXCEED THE MAXIMUM ALLOWABLE TOTAL BENEFITS PAYABLE TO AN
INDIVIDUAL IN A BENEFIT YEAR PURSUANT TO ARTICLES 70 TO 82 OF THIS
TITLE.
(b) THE DIVISION SHALL NOT PAY UNEMPLOYMENT
COMPENSATION BENEFITS TO AN EMPLOYEE FOR A WEEK IN WHICH THE
EMPLOYEE IS COMPENSATED FOR WORK FOR HIS OR HER EMPLOYER THAT
EXCEEDS THE REDUCED HOURS ESTABLISHED UNDER THE WORK SHARE
PLAN.
(c) AN EMPLOYEE RECEIVING WEEKLY UNEMPLOYMENT
COMPENSATION BENEFITS UNDER A WORK SHARE PLAN IS NOT ENTITLED
TO RECEIVE BENEFITS FOR PARTIAL EMPLOYMENT PURSUANT TO SECTION
8-73-103 FOR THE SAME WEEK.
(d) THE WAITING PERIOD OF ONE WEEK IN SECTION 8-73-107 (1)
(d) THAT APPLIES TO THE PAYMENT OF BENEFITS FOR TOTAL OR PARTIAL
UNEMPLOYMENT SHALL APPLY TO THE PAYMENT OF BENEFITS PURSUANT
TO THIS PART 2.
8-75-206. Work share plan - effective date - expiration -
termination. (1) A WORK SHARE PLAN AND THE PAYMENT OF
UNEMPLOYMENT COMPENSATION BENEFITS PURSUANT TO THE PLAN
SHALL BEGIN THE FIRST WEEK FOLLOWING APPROVAL OF THE PLAN BY THE
DIRECTOR OR THE FIRST WEEK SPECIFIED BY THE EMPLOYER, WHICHEVER
IS LATER.
(2) A WORK SHARE PLAN SHALL EXPIRE TWELVE MONTHS AFTER
THE EFFECTIVE DATE OF THE PLAN.
(3) THE DIRECTOR MAY TERMINATE A WORK SHARE PLAN FOR
GOOD CAUSE IF THE PLAN IS NOT EXECUTED ACCORDING TO THE TERMS
AND INTENT OF THE PROGRAM. "GOOD CAUSE" MAY INCLUDE FAILURE TO
COMPLY WITH SECTION 8-75-203, UNREASONABLE REVISION OF
PRODUCTIVITY STANDARDS FOR THE AFFECTED UNIT, OR OTHER CONDUCT
BY THE EMPLOYER THAT MAY COMPROMISE THE PURPOSE, INTENT, AND
EFFECTIVENESS OF A WORK SHARE PLAN.
8-75-207. Work share plan modifications. (1) AN EMPLOYER
MAY MODIFY A WORK SHARE PLAN TO MEET CHANGED CONDITIONS IF THE
MODIFICATION CONFORMS TO THE BASIC PROVISIONS OF THE PLAN AS
ORIGINALLY APPROVED BY THE DIRECTOR.
(2) BEFORE A PROPOSED CHANGE TO A WORK SHARE PLAN MAY BE
IMPLEMENTED:
(a) THE COLLECTIVE BARGAINING AGENT SHALL APPROVE THE
MODIFICATION TO THE PLAN IF AN EMPLOYEE IS COVERED BY A
COLLECTIVE BARGAINING UNIT;
(b) THE EMPLOYER SHALL REPORT THE CHANGE IN WRITING TO
THE DIVISION; AND
(c) THE DIRECTOR SHALL APPROVE THE MODIFIED PLAN.
(3) THE DIRECTOR SHALL APPROVE OR DENY A MODIFIED WORK
SHARE PLAN USING THE SAME STANDARDS AND REQUIREMENTS THAT ARE
USED FOR THE ORIGINAL WORK SHARE PLAN IN ACCORDANCE WITH
SECTION 8-75-203.
(4) APPROVAL OF A MODIFIED WORK SHARE PLAN SHALL NOT
AFFECT THE ORIGINAL EXPIRATION DATE OF THE WORK SHARE PLAN.
8-75-208. Benefits payments charged to employer.
UNEMPLOYMENT COMPENSATION BENEFITS PAID TO AN EMPLOYEE
PURSUANT TO THIS PART 2 SHALL BE CHARGED TO THE ACCOUNT OF THE
EMPLOYER PARTICIPATING IN THE WORK SHARE PLAN IN THE SAME
MANNER AS REGULAR BENEFITS PURSUANT TO SECTION 8-73-108 (3) (e)
(I).
8-75-209. Repeal of article. THIS ARTICLE IS REPEALED,
EFFECTIVE JULY 1, 2013. PRIOR TO ITS REPEAL, THE "COLORADO WORK
SHARE PROGRAM" SHALL BE REVIEWED AS PROVIDED FOR IN SECTION
24-34-104, C.R.S.
SECTION 2. The introductory portions to 8-75-101 and
8-75-101 (2) (a), Colorado Revised Statutes, are amended, and the said
8-75-101 (2) (a) is further amended BY THE ADDITION OF A NEW
SUBPARAGRAPH, to read:
8-75-101. Definitions. As used in this article PART 1, unless the
context otherwise requires:
(2) (a) "Exhaustee" means an individual who, with respect to any
week of unemployment in his OR HER eligibility period:
(VI) HAS RECEIVED ALL OF THE UNEMPLOYMENT COMPENSATION
BENEFITS PURSUANT TO PART 2 OF THIS ARTICLE AND REGULAR
UNEMPLOYMENT COMPENSATION BENEFITS AVAILABLE IN A BENEFIT
YEAR.
SECTION 3. 8-75-105 (2) and (3), Colorado Revised Statutes,
are amended to read:
8-75-105. Total extended benefit amount. (2) Notwithstanding
any other provisions of this article PART 1, if the benefit year of any
individual ends within an extended benefit period, the remaining balance
of extended benefits that such individual would, but for this subsection
(2), be entitled to receive in that extended benefit period, with respect to
weeks of unemployment beginning after the end of the benefit year, shall
be reduced (but not below zero) by an amount equal to the product of the
number of weeks for which the individual received any amounts as trade
readjustment allowances within that benefit year multiplied by the
individual's weekly benefit amount for extended benefits.
(3) Notwithstanding any other provision of this article PART 1,
during any fiscal year in which federal payments to states under section
204 of the "Federal-State Extended Unemployment Compensation Act
of 1970" and amendments thereto are reduced under section 252 of the
"Balanced Budget and Emergency Deficit Control Act of 1985" and
amendments thereto, the total extended benefit amount payable to an
individual with respect to his OR HER applicable benefit year shall be
reduced by an amount equal to the aggregate of the reductions in the
weekly amounts paid to the individual under section 8-75-104.
SECTION 4. 8-70-110 (1) (b), Colorado Revised Statutes, is
amended to read:
8-70-110. Benefits - classifications. (1) Benefits are divided
into classifications, as follows:
(b) Extended benefits: Benefits payable to an individual under
PART 1 OF article 75 of this title, including benefits payable to federal
civilian employees and to ex-servicemen FORMER MEMBERS OF THE
ARMED FORCES pursuant to chapter 85 of title 5 of the United States
Code, for weeks of unemployment in his OR HER eligibility period;
SECTION 5. 24-34-104 (44), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24-34-104. General assembly review of regulatory agencies
and functions for termination, continuation, or reestablishment.
(44) The following agencies, functions, or both, shall terminate on July
1, 2013:
(p) THE "COLORADO WORK SHARE PROGRAM" CREATED IN PART
2 OF ARTICLE 75 OF TITLE 8, C.R.S.
SECTION 6. 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.".
Trans-
portation
Senate Journal, March 3
SB10-028 by Senator(s) Heath; --Concerning the establishment of the Colorado "Work Share
Program" to allow payment of unemployment compensation benefits to eligible employees
who have received a reduction in work hours.
Amendment No. 1, Special Orders Amendment.
(Printed in Senate Journal, March 1, page 387 and placed in members' bill files.)
Amendment No. 2(L.007), by Senator Penry
Amend the Business, Labor, and Technology Committee Report, dated
February 17, 2010, page 6, line 18, after "article." insert "(1)".
Page 6, after line 21 insert:
"(2) IF THE DIRECTOR FINDS THAT THE PROVISIONS OF THIS PART
2 CAUSE THE INSOLVENCY OF THE UNEMPLOYMENT INSURANCE CASH FUND
TO ACCELERATE, THE DIRECTOR SHALL NOTIFY THE REVISOR OF STATUTES
IN WRITING AND THIS PART 2 SHALL BE REPEALED.".
Amendment No. 3(L.006), by Senator Heath.
Amend the Business, Labor and Technology Committee Report, dated
February 17, 2010, page 2, strike lines 18 through 20.
Page 2, line 30, strike "AND".
Page 2, line 32, strike "UNIT." and substitute "UNIT; AND
(e) THE PLAN INCLUDES A STRATEGY THAT RESTORES THE TOTAL
NUMBER OF WORK HOURS TO EACH PARTICIPATING EMPLOYEE TO THE
AMOUNT OF HOURS WORKED PRIOR TO PARTICIPATION IN THE PROGRAM.".
Page 3, strike lines 12 through 15 and substitute:
"(c) CERTIFIES THAT THE IMPLEMENTATION OF A SHARED WORK
PLAN AND THE RESULTING REDUCTION IN WORK HOURS IS IN LIEU OF
TEMPORARY LAYOFFS THAT WOULD AFFECT AT LEAST TEN PERCENT OF
THE EMPLOYEES IN THE AFFECTED UNIT AND THAT WOULD RESULT IN AN
EQUIVALENT REDUCTION IN WORK HOURS;".
Page 3, line 21, after "BENEFITS;" add "AND".
Page 3, strike lines 22 through 26.
Page 3, line 27, strike "(g)" and substitute "(f)".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE WHOLE
On motion of Senator Schwartz, the report of the Committee of the Whole was adopted on
the following roll call vote:
BILL SB10-029 |
Senate Journal, April 30
After consideration on the merits, the Committee recommends that SB10-029 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the State, Veterans & Military Affairs Committee Report, dated
April 19, 2010, page 1, strike lines 6 through 17 and substitute:
"declaration - definitions. (1) (f) (I) ON JUNE 30, 2010, AND EACH
JUNE 30 THEREAFTER, AT THE".
Page 2, line 1, strike "(III)" and substitute "(II)".
Page 2, line 3, strike "AMOUNTS" and substitute "AMOUNT".
Page 2, lines 5, strike "SUBPARAGRAPHS (I) AND (II)" and substitute
"SUBPARAGRAPH (I)".
Appro-
priations
Senate Journal, April 30
SB10-029 by Senator(s) Penry; also Representative(s) Curry--Concerning the creation of efficiencies
in governmental entities that provide services to the people of the state.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, April 20, pages 940-941 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 30, and placed in members' bill files.)
Amendment No. 3(L.012), by Senator Penry
Amend the Appropriations Committee Report, dated April 30, 2010,
page 1, line 3, strike "JUNE 30, 2010, AND EACH JUNE" and substitute
"SEPTEMBER 1, 2010, AND EACH SEPTEMBER 1".
Page 1, line 4, strike "30".
Page 1, line 5, strike ""(II)"." and substitute ""(II)" and after "SECTION,"
insert "AT THE GOVERNOR'S DISCRETION,".".
Page 1, strike line 6 and substitute "Page 2, line 3, strike "THE AMOUNTS"
and substitute "AN AMOUNT UP TO THE AMOUNT".".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, April 30
SB10-029 by Senator(s) Penry; also Representative(s) Curry--Concerning the creation of efficiencies
in governmental entities that provide services to the people of the state.
Senator Schultheis moved to amend the Report of the Committee of the Whole
to show that the following amendment to SB 10-029 did pass.
Amend the Appropriations Committee Report, dated April 30, 2010, page 1, after
line 8, insert:
"Page 2, strike lines 6 through 9 and substitute "PARAGRAPH (f) SHALL BE
TRANSFERRED TO THE GENERAL FUND OVERFLOW RESERVE FUND CREATED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH (f).
(III) THE GENERAL FUND OVERFLOW RESERVE FUND IS HEREBY CREATED IN
THE STATE TREASURY. ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT
AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO AND REMAIN
IN THE FUND. IF FOR ANY STATE FISCAL YEAR COMMENCING ON OR AFTER JULY
1, 2012, THE AMOUNT OF STATE REVENUES EXCEEDS THE LIMITATION ON STATE
FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THE
STATE CONSTITUTION AND VOTERS STATEWIDE EITHER HAVE NOT AUTHORIZED
THE STATE TO RETAIN AND SPEND ALL OF THE EXCESS REVENUES FOR THAT FISCAL
YEAR OR HAVE AUTHORIZED THE STATE TO RETAIN AND SPEND ONLY A PORTION
OF THE EXCESS REVENUES FOR THAT FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE ALL MONEYS IN THE GENERAL FUND OVERFLOW RESERVE
FUND TO THE DEPARTMENT OF REVENUE, AND THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE SHALL THEN EQUALLY DIVIDE THE APPROPRIATED
MONEYS AMONG ALL QUALIFIED INDIVIDUALS RECEIVING A STATE SALES TAX
REFUND PURSUANT TO PART 20 OF ARTICLE 22 OF TITLE 39, C.R.S., AND SHALL
DISTRIBUTE SUCH AMOUNTS TO THE QUALIFIED INDIVIDUALS.".".
Less than a majority of all members elected to the Senate having voted in the
affirmative, the amendment to the report of the Committee of the Whole was lost on
the following roll call vote:
BILL SB10-052 |
BILL SB10-069 |
BILL SB10-074 |
BILL SB10-191 |
Senate Journal, April 30
SB10-191 by Senator(s) Johnston and Spence, Foster, Gibbs, Hodge, King K., Kopp, Newell, Penry,
Romer, Scheffel; also Representative(s) Scanlan and Murray, Carroll T., Gerou, Massey,
Rice, Summers--Concerning ensuring quality instruction through educator effectiveness
(EQuITEE).
A majority of those elected to the Senate having voted in the affirmative, Senator
Steadman was given permission to offer a third reading amendment.
Third Reading Amendment No. 1,(L.098), by Senator Steadman.
Amend engrossed bill, page 26, line 8, strike "LICENSED PERSONNEL" and
substitute "TEACHER OR PRINCIPAL".
Page 26, line 26, strike "AND THE".
Page 26, line 27, strike "LICENSED PERSONNEL. *PRINCIPAL".
Page 27, line 3, strike "EVALUATION.*" and substitute "EVALUATION.".
Page 30, line 18, strike "A NEW PARAGRAPH" and substitute "THE
FOLLOWING NEW PARAGRAPHS".
Page 30, after line 26 insert:
"(e) THE SCHOOL ACCOUNTABILITY COMMITTEE FOR THE
PRINCIPAL'S SCHOOL SHALL PROVIDE INPUT AND RECOMMENDATIONS TO
THE DISTRICT ACCOUNTABILITY COMMITTEE AND THE DISTRICT
ADMINISTRATION CONCERNING THE PRINCIPAL'S EVALUATION.".
Page 37, strike lines 6 through 9.
The amendment was passed on the following roll call vote:
House Journal, May 7
27 SB10-191 be amended as follows, and as so amended, be referred to
28 the Committee on Appropriations with favorable
29 recommendation:
30
31 Amend reengrossed bill, page 4, line 14, strike "(4)." and substitute
32 "(10).".
33
34 Page 4, line 21, strike "(4)." and substitute "(10).".
35
36 Page 6, line 9, strike "(3)" and substitute "(10)"
37
38 Page 6, line 13, strike "(3)," and substitute "(10),".
39
40 Page 6, line 14, strike "(3)" and substitute "(10)".
41
42 Page 6, line 18, strike "THE" and substitute "ON OR BEFORE FEBRUARY 15,
43 2012, THE".
44
45 Page 6, line 25, after "BOARD." add "IF ONE OR MORE RULES IS NOT
46 APPROVED BY THE GENERAL ASSEMBLY PURSUANT TO THIS
47 SUBPARAGRAPH (II), THE STATE BOARD SHALL PROMULGATE EMERGENCY
48 RULES PURSUANT TO SECTION 24-4-103 (6), C.R.S., ON SUCH ISSUE OR
49 ISSUES AND RESUBMIT TO THE GENERAL ASSEMBLY ON OR BEFORE MAY 1,
50 2012. THE GENERAL ASSEMBLY SHALL REVIEW THE EMERGENCY RULES
51 PROMULGATED ACCORDING TO THE PROCESS OUTLINED IN THIS
52 SUBPARAGRAPH (II).".
53
54 Page 14, line 16, strike "A GROUP OF" and substitute "THE DEPARTMENT
55 AND".
56
1 Page 17, line 18, strike "THE" and substitute "ON OR BEFORE FEBRUARY
2 15, 2012, THE".
3
4 Page 17, line 19, strike "(4)" and substitute "(10)".
5
6 Page 17, line 25, after "BOARD." add "IF ONE OR MORE RULES IS NOT
7 APPROVED BY THE GENERAL ASSEMBLY PURSUANT TO THIS PARAGRAPH
8 (b), THE STATE BOARD SHALL PROMULGATE EMERGENCY RULES PURSUANT
9 TO SECTION 24-4-103 (6), C.R.S., ON SUCH ISSUE OR ISSUES AND RESUBMIT
10 TO THE GENERAL ASSEMBLY ON OR BEFORE MAY 1, 2012. THE GENERAL
11 ASSEMBLY SHALL REVIEW THE EMERGENCY RULES PROMULGATED
12 ACCORDING TO THE PROCESS OUTLINED IN THIS PARAGRAPH (b).".
13
14 Page 18, line 26, strike "PUBLIC OR PRIVATE GIFTS, GRANTS, OR
15 DONATIONS" and substitute "FEDERAL GRANTS".
16
17 Page 19, line 1, after "DONATION" insert "EXCEPT FROM FEDERAL
18 MONEYS".
19
20 Page 19, line 3, strike "PRIVATE AND" and substitute "FEDERAL MONEYS
21 RECEIVED TO".
22
23 Page 19, strike line 4.
24
25 Page 19, after line 17 insert:
26
27 "(3) FOR FISCAL YEARS 2010-2011 AND 2011-2012, IF TWO
28 HUNDRED FIFTY THOUSAND DOLLARS IS NOT CREDITED TO THE FUND
29 THROUGH FEDERAL GRANTS ON OR BEFORE SEPTEMBER 30, 2010, THE
30 COMMISSIONER SHALL NOTIFY THE STATE TREASURER OF THE DIFFERENCE.
31 UPON RECEIPT OF SUCH NOTICE, THE STATE TREASURER SHALL TRANSFER
32 TO THE FUND THE AMOUNT OF THE DIFFERENCE OUT OF THE CONTINGENCY
33 RESERVE FUND, CREATED PURSUANT TO SECTION 22-54-117 FOR THE
34 IMPLEMENTATION OF SECTION 22-9-105.5. IF THERE IS AN INSUFFICIENT
35 AMOUNT IN THE CONTINGENCY RESERVE FUND, THE STATE TREASURER
36 SHALL TRANSFER TO THE FUND ANY REMAINING AMOUNT OF THE
1737 DIFFERENCE FROM THE STATE EDUCATION FUND, CREATED IN SECTION
38 (4) OF ARTICLE IX OF THE STATE CONSTITUTION FOR THE IMPLEMENTATION
39 OF SECTION 22-9-105.5.".
40
41 Renumber succeeding subsection accordingly.
42
43 Page 26, line 4, after "(b)" insert "(I)".
44
45 Page 26, line 8, strike "THE LICENSED PERSONNEL'S" and substitute "HIS
46 OR HER".
47
48 Page 26, strike line 9 and substitute "PERFORMANCE, AND IDENTIFICATION
49 OF DEFICIENCIES.".
50
51 Page 26, after line 9, insert:
52
53 "(II) EACH SCHOOL".
54
55 Page 26, line 19, after "APPROPRIATE." insert "IF THERE IS NO COLLECTIVE
56 BARGAINING AGREEMENT IN PLACE, FOLLOWING THE RULING OF THE
1 SUPERINTENDENT OR HIS OR HER DESIGNEE, THE APPEALING TEACHER MAY
2 REQUEST A REVIEW BY A MUTUALLY AGREED-UPON THIRD PARTY. THE
3 DECISION OF THE THIRD PARTY SHALL REVIEW WHETHER THE DECISION
4 WAS ARBITRARY OR CAPRICIOUS AND SHALL BE BINDING ON BOTH PARTIES.
5 THE COST OF ANY SUCH REVIEW SHALL BE BORNE EQUALLY BY BOTH
6 PARTIES. WHERE A COLLECTIVE BARGAINING AGREEMENT IS IN PLACE,
7 EITHER PARTY MAY CHOOSE TO OPT INTO THIS PROCESS.".
8
9 Page 26, line 20, strike "A" and substitute "FOR A NONPROBATIONARY
10 TEACHER, A".
11
12 Page 26, line 24, before "TEACHER" insert "NONPROBATIONARY", and
13 strike "OR PRINCIPAL".
14
15 Page 26, line 25, before "TEACHER" insert "NONPROBATIONARY".
16
17 Page 26, line 26, strike "OR PRINCIPAL".
18
19 Page 27, strike line 2 and substitute "EFFECTIVENESS.".
20
21 Page 27, after line 2, insert:
22
23 "(III) THIS PARAGRAPH (b) SHALL TAKE EFFECT AT SUCH TIME".
24
25 Strike pages 32 and 33.
26
27 Page 34, strike lines 1 through 13 and substitute:
28
29 "FINDS THAT, FOR THE FAIR EVALUATION OF A PRINCIPAL BASED ON THE
30 DEMONSTRATED EFFECTIVENESS OF HIS OR HER TEACHERS, THE PRINCIPAL
31 NEEDS THE ABILITY TO SELECT TEACHERS WHO HAVE DEMONSTRATED
32 EFFECTIVENESS, HAVE UNIQUE QUALIFICATIONS AND TEACHING
33 EXPERIENCES THAT SUPPORT THE INSTRUCTIONAL MODEL OF HIS OR HER
34 SCHOOL, AND ARE ALIGNED TO THE SCHOOL'S CULTURE AND MISSION.
35 THEREFORE, EACH EMPLOYMENT CONTRACT EXECUTED PURSUANT TO THIS
36 SECTION SHALL CONTAIN A PROVISION STATING THAT A TEACHER MAY BE
37 ASSIGNED TO A PARTICULAR SCHOOL ONLY WITH THE CONSENT OF THE
38 HIRING PRINCIPAL AND WITH INPUT FROM AT LEAST TWO PRACTICING
39 TEACHERS, AND AFTER A REVIEW OF THE TEACHER'S DEMONSTRATED
40 EFFECTIVENESS, UNIQUE QUALIFICATIONS AND POTENTIAL CONTRIBUTIONS
41 TO THE SCHOOL'S EDUCATIONAL PROGRAMS, SUCCESSFUL YEARS OF
42 TEACHING EXPERIENCE, AND FIT WITH THE SCHOOL'S CULTURE AND
43 MISSION.
44
45 (II) (A) ANY ACTIVE NONPROBATIONARY TEACHER WHO, DURING
46 THE PRIOR SCHOOL YEAR, WAS DEEMED SATISFACTORY, OR WAS DEEMED
47 EFFECTIVE IN A DISTRICT THAT HAS IMPLEMENTED A MULTI-TIERED
48 EVALUATION SYSTEM AND HAS IDENTIFIED RATINGS EQUIVALENT TO
49 EFFECTIVE, AND HAS NOT SECURED A MUTUAL CONSENT PLACEMENT
50 SHALL BE A MEMBER OF A PRIORITY HIRING POOL, WHICH PRIORITY HIRING
51 POOL SHALL ENSURE THE NONPROBATIONARY TEACHER A FIRST
52 OPPORTUNITY TO INTERVIEW FOR AVAILABLE POSITIONS FOR WHICH HE OR
53 SHE IS QUALIFIED IN A SCHOOL DISTRICT.
54
55 (B) WHEN A DETERMINATION IS MADE THAT A NONPROBATIONARY
56 TEACHER'S SERVICES ARE NO LONGER REQUIRED FOR THE REASONS SET
1 FORTH IN SUBPARAGRAPH (VII) OF THIS PARAGRAPH (c.5), THE
2 NONPROBATIONARY TEACHER SHALL BE NOTIFIED OF HIS OR HER REMOVAL
3 FROM THE SCHOOL. IN MAKING DECISIONS PURSUANT TO THIS PARAGRAPH
4 (c.5), A SCHOOL DISTRICT SHALL CONSIDER PROBATIONARY AND
5 NONPROBATIONARY STATUS AND THE NUMBER OF YEARS A TEACHER HAS
6 BEEN TEACHING IN THE SCHOOL DISTRICT; EXCEPT THAT THESE CRITERIA
7 MAY BE CONSIDERED ONLY AFTER THE CONSIDERATION OF THE CRITERIA
8 OF EFFECTIVENESS DESCRIBED IN SECTION 22-9-106. UPON NOTICE TO THE
9 NONPROBATIONARY TEACHER, THE DEPARTMENT OF HUMAN RESOURCES
10 FOR THE SCHOOL DISTRICT SHALL IMMEDIATELY PROVIDE THE
11 NONPROBATIONARY TEACHER WITH A LIST OF ALL VACANT POSITIONS FOR
12 WHICH HE OR SHE IS QUALIFIED, AS WELL AS A LIST OF VACANCIES IN ANY
13 AREA IDENTIFIED BY THE SCHOOL DISTRICT TO BE AN AREA OF CRITICAL
14 NEED. AN APPLICATION FOR A VACANCY SHALL BE MADE TO THE
15 PRINCIPAL OF A LISTED SCHOOL, WITH A COPY OF THE APPLICATION
16 PROVIDED BY THE NONPROBATIONARY TEACHER TO THE SCHOOL DISTRICT.
17 THE NONPROBATIONARY TEACHER SHALL BE INTERVIEWED BY THE
18 PRINCIPAL UNLESS THE POSITION IS FILLED BEFORE AN INTERVIEW OCCURS.
19 WHEN A PRINCIPAL RECOMMENDS APPOINTMENT OF A NONPROBATIONARY
20 TEACHER APPLICANT TO A VACANT POSITION, THE NONPROBATIONARY
21 TEACHER SHALL BE TRANSFERRED TO THAT POSITION.
22
23 (C) THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE AT SUCH
24 TIME AS THE PERFORMANCE EVALUATION SYSTEM BASED ON QUALITY
25 STANDARDS ESTABLISHED PURSUANT TO THIS SECTION AND THE RULES
526 PROMULGATED BY THE STATE BOARD PURSUANT TO SECTION 22-9-105.
27 HAS COMPLETED THE INITIAL PHASE OF IMPLEMENTATION AND HAS BEEN
28 IMPLEMENTED STATEWIDE. THE COMMISSIONER SHALL PROVIDE NOTICE
29 OF SUCH IMPLEMENTATION TO THE REVISOR OF STATUTES ON OR BEFORE
30 JULY 1, 2014, AND EACH JULY 1 THEREAFTER UNTIL STATEWIDE
31 IMPLEMENTATION OCCURS.
32
33 (III) (A) ANY ACTIVE NONPROBATIONARY TEACHER WHO WAS
34 DEEMED EFFECTIVE DURING THE PRIOR SCHOOL YEAR AND HAS NOT
35 SECURED A MUTUAL CONSENT PLACEMENT SHALL BE A MEMBER OF A
36 PRIORITY HIRING POOL, WHICH PRIORITY HIRING POOL SHALL ENSURE THE
37 NONPROBATIONARY TEACHER A FIRST OPPORTUNITY TO INTERVIEW FOR
38 AVAILABLE POSITIONS FOR WHICH HE OR SHE IS QUALIFIED IN THE SCHOOL
39 DISTRICT.
40
41 (B) WHEN A DETERMINATION IS MADE THAT A NONPROBATIONARY
42 TEACHER'S SERVICES ARE NO LONGER REQUIRED FOR THE REASONS SET
43 FORTH IN SUBPARAGRAPH (VII) OF THIS PARAGRAPH (c.5), THE
44 NONPROBATIONARY TEACHER SHALL BE NOTIFIED OF HIS OR HER
45 REMOVAL. IN MAKING DECISIONS PURSUANT TO THIS PARAGRAPH (c.5), A
46 SCHOOL DISTRICT SHALL CONSIDER PROBATIONARY AND
47 NONPROBATIONARY STATUS AND THE NUMBER OF YEARS A TEACHER HAS
48 BEEN TEACHING IN THE SCHOOL DISTRICT; EXCEPT THAT THESE CRITERIA
49 MAY BE CONSIDERED ONLY AFTER THE CONSIDERATION OF THE CRITERIA
50 OF EFFECTIVENESS DESCRIBED IN SECTION 22-9-106. UPON NOTICE TO
51 THE NONPROBATIONARY TEACHER, THE SCHOOL DISTRICT SHALL
52 IMMEDIATELY PROVIDE THE NONPROBATIONARY TEACHER WITH A LIST OF
53 ALL VACANT POSITIONS FOR WHICH HE OR SHE IS QUALIFIED, AS WELL AS
54 A LIST OF VACANCIES IN ANY AREA IDENTIFIED BY THE SCHOOL DISTRICT
55 TO BE AN AREA OF CRITICAL NEED. AN APPLICATION FOR A VACANCY
56 SHALL BE MADE TO THE PRINCIPAL OF A LISTED SCHOOL, WITH A COPY OF
1 THE APPLICATION PROVIDED BY THE NONPROBATIONARY TEACHER TO THE
2 SCHOOL DISTRICT. THE NONPROBATIONARY TEACHER SHALL BE
3 INTERVIEWED BY THE PRINCIPAL UNLESS THE POSITION IS FILLED BEFORE
4 AN INTERVIEW OCCURS. WHEN A PRINCIPAL RECOMMENDS APPOINTMENT
5 OF A NONPROBATIONARY TEACHER APPLICANT TO A VACANT POSITION,
6 THE NONPROBATIONARY TEACHER SHALL BE TRANSFERRED TO THAT
7 POSITION.
8
9 (C) THIS SUBPARAGRAPH (III) SHALL TAKE EFFECT AT SUCH TIME
10 AS THE PERFORMANCE EVALUATION SYSTEM BASED ON QUALITY
11 STANDARDS ESTABLISHED PURSUANT TO THIS SECTION AND THE RULES
512 PROMULGATED BY THE STATE BOARD PURSUANT TO SECTION 22-9-105.
13 HAS COMPLETED THE INITIAL PHASE OF IMPLEMENTATION AND HAS BEEN
14 IMPLEMENTED STATEWIDE. THE COMMISSIONER SHALL PROVIDE NOTICE
15 OF SUCH IMPLEMENTATION TO THE REVISOR OF STATUTES ON OR BEFORE
16 JULY 1, 2014, AND EACH JULY 1 THEREAFTER UNTIL STATEWIDE
17 IMPLEMENTATION OCCURS.
18
19 (IV) IF A NONPROBATIONARY TEACHER IS UNABLE TO SECURE A
20 MUTUAL CONSENT ASSIGNMENT AT A SCHOOL OF THE SCHOOL DISTRICT
21 AFTER TWO HIRING CYCLES, THE SCHOOL DISTRICT SHALL PLACE THE
22 TEACHER ON UNPAID LEAVE UNTIL SUCH TIME AS THE TEACHER IS ABLE TO
23 SECURE AN ASSIGNMENT. IF THE TEACHER SECURES AN ASSIGNMENT AT
24 A SCHOOL OF THE SCHOOL DISTRICT WHILE PLACED ON UNPAID LEAVE, THE
25 SCHOOL DISTRICT SHALL REINSTATE THE TEACHER'S SALARY AND BENEFITS
26 AT THE LEVEL THEY WOULD HAVE BEEN IF THE TEACHER HAD NOT BEEN
27 PLACED ON UNPAID LEAVE.
28
29 (V) NOTHING IN THIS SECTION SHALL LIMIT THE ABILITY OF A
30 SCHOOL DISTRICT TO PLACE A TEACHER IN A TWELVE-MONTH OR OTHER
31 LIMITED-TERM ASSIGNMENTS, INCLUDING, BUT NOT LIMITED TO, A
32 TEACHING ASSIGNMENT, SUBSTITUTE ASSIGNMENT, OR INSTRUCTIONAL
33 SUPPORT ROLE DURING THE PERIOD IN WHICH THE TEACHER IS ATTEMPTING
34 TO SECURE A MUTUAL CONSENT ASSIGNMENT. SUCH AN ASSIGNMENT
35 SHALL NOT CONSTITUTE A MUTUAL CONSENT ASSIGNMENT AND SHALL NOT
36 BE DEEMED TO INTERRUPT THE PERIOD IN WHICH THE TEACHER IS
37 REQUIRED TO SECURE A MUTUAL CONSENT ASSIGNMENT BEFORE THE
38 DISTRICT SHALL PLACE THE TEACHER ON UNPAID LEAVE.
39
40 (VI) THE PROVISIONS OF THIS PARAGRAPH (c.5) MAY BE WAIVED
41 IN WHOLE OR IN PART FOR A RENEWABLE FOUR-YEAR PERIOD BY THE
42 STATE BOARD OF EDUCATION PURSUANT TO SECTION 22-2-117, PROVIDED
43 THAT THE LOCAL SCHOOL BOARD APPLYING FOR THE WAIVER, IN
44 CONJUNCTION WITH THE SUPERINTENDENT AND TEACHERS ASSOCIATION,
45 IF APPLICABLE, DEMONSTRATES THAT THE WAIVER IS IN THE BEST
46 INTEREST OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT, SUPPORTS
47 THE EQUITABLE DISTRIBUTION OF EFFECTIVE TEACHERS, AND WILL NOT
48 RESULT IN PLACEMENT OTHER THAN BY MUTUAL CONSENT OF THE
49 TEACHER IN A SCHOOL DISTRICT OR PUBLIC SCHOOL THAT IS REQUIRED TO
50 IMPLEMENT A PRIORITY IMPROVEMENT PLAN OR TURNAROUND PLAN
51 PURSUANT TO ARTICLE 11 OF THIS TITLE. NOTWITHSTANDING THE
52 PROVISIONS OF THIS PARAGRAPH (c.5), A WAIVER SHALL NOT BE GRANTED
53 FOR A REQUEST THAT EXTENDS THE TIME FOR SECURING A MUTUAL
54 CONSENT ASSIGNMENT FOR MORE THAN TWO YEARS.
55
56 (VII) THIS PARAGRAPH (c.5) SHALL APPLY AS A RESULT OF SCHOOL
1 CLOSURE, CONSOLIDATION, RECONSTITUTION, DROP IN ENROLLMENT,
2 REDUCTION IN BUILDING, PHASE OUT, OR REDUCTION IN PROGRAM.".
3
4 Page 35, line 13, after "POSITIONS." add "EFFECTIVE FEBRUARY 15, 2012,
5 THE CONTRACT OR POLICY SHALL INCLUDE CONSIDERATION OF
6 PROBATIONARY AND NONPROBATIONARY STATUS AND THE NUMBER OF
7 YEARS A TEACHER HAS BEEN TEACHING IN THE SCHOOL DISTRICT; EXCEPT
8 THAT THESE CRITERIA MAY BE CONSIDERED ONLY AFTER THE
9 CONSIDERATION OF THE CRITERIA DESCRIBED IN SECTION 22-9-106 AND
10 ONLY IF THE CONTRACT OR POLICY IS IN THE BEST INTEREST OF THE
11 STUDENTS ENROLLED IN THE SCHOOL DISTRICT.".
12
13 Page 36, line 26, after "(a.5)" insert "(I)".
14
15 Page 37, after line 6 insert:
16 "(II) A PROBATIONARY TEACHER WHO IS DEEMED TO BE
17 PERFORMING SATISFACTORILY IN ANY OF SCHOOL YEARS 2010-2011,
18 2011-2012, AND 2012-2013 SHALL, FOR PURPOSES OF ARTICLE 9 OF THIS
19 TITLE, BE DEEMED TO HAVE PERFORMED EFFECTIVELY DURING THE SAME
20 SCHOOL YEAR OR YEARS. BEGINNING WITH THE 2013-2014 SCHOOL YEAR,
21 ALL TEACHERS SHALL BE EVALUATED IN ACCORDANCE WITH THE NEW
22 PERFORMANCE EVALUATION SYSTEM THAT IS BASED ON MEASURES OF
23 EFFECTIVENESS; HOWEVER, A SCHOOL DISTRICT MAY EXTEND THE
24 PROBATIONARY STATUS OF A TEACHER WHO HAS THREE CONSECUTIVE
25 SATISFACTORY RATINGS AS OF JULY 1, 2013 BY NO MORE THAN ONE YEAR.
26
27 SECTION 15. Part 2 of article 63 of title 22, Colorado Revised
28 Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION
29 to read:
30
31 22-63-203.5. Nonprobationary portability. BEGINNING WITH
32 THE 2014-2015 SCHOOL YEAR, A NONPROBATIONARY TEACHER, EXCEPT
33 FOR A NONPROBATIONARY TEACHER WHO HAS HAD TWO CONSECUTIVE
34 PERFORMANCE EVALUATIONS WITH AN INEFFECTIVE RATING, WHO IS
35 EMPLOYED BY A SCHOOL DISTRICT AND IS SUBSEQUENTLY HIRED BY A
36 DIFFERENT SCHOOL DISTRICT MAY PROVIDE TO THE HIRING SCHOOL
37 DISTRICT EVIDENCE OF HIS OR HER STUDENT ACADEMIC GROWTH DATA
38 AND PERFORMANCE EVALUATIONS FOR THE PRIOR TWO YEARS FOR THE
39 PURPOSES OF RETAINING NONPROBATIONARY STATUS. IF, UPON PROVIDING
40 SUCH DATA, THE NONPROBATIONARY TEACHER CAN SHOW TWO
41 CONSECUTIVE PERFORMANCE EVALUATIONS WITH EFFECTIVENESS RATINGS
42 IN GOOD STANDING, HE OR SHE SHALL BE GRANTED NONPROBATIONARY
43 STATUS IN THE HIRING SCHOOL DISTRICT.".
44
45 Renumber succeeding sections accordingly.
46
47
House Journal, May 11
15 Amendment No. 1, Education Report, dated May 6, 2010, and placed in
16 member’s bill file; Report also printed in House Journal, May 7,
17 pages 1691-1696.
18
19 Amendment No. 2, Appropriations Report, dated May 10, 2010, and
20 placed in member’s bill file; Report also printed in House Journal,
21 May 10, page 1721.
22
23 Amendment No. 3, by Representative(s) Scanlan.
24
25 Amend the Appropriations Committee Report, dated May 10, 2010, page
26 1, line 14, strike "ONE HUNDRED TWENTY-FIVE" and substitute "TWO
27 HUNDRED FIFTY".
28
29 Amendment No. 4, by Representative(s) Ferrandino, Scanlan.
30
31 Amend the Education Committee Report, dated May 6, 2010, page 1,
32 after line 16 insert:
33
34 "Amend reengrossed bill, page 13, line 10, strike "AND".
35
36 Page 13 of the bill, line 13, after "RATINGS;" insert "AND
37
38 (VII) A PROCESS BY WHICH A NONPROBATIONARY TEACHER MAY
39 APPEAL HIS OR HER SECOND CONSECUTIVE PERFORMANCE RATING OF
40 INEFFECTIVE AND SUBMIT SUCH PROCESS BY THE FIRST DAY OF CONVENING
41 OF THE FIRST REGULAR SESSION OF THE SIXTY-NINTH GENERAL ASSEMBLY
42 TO THE EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND
43 THE SENATE, OR ANY SUCCESSOR COMMITTEES.".".
44
45 Page 3 of the Education Committee Report, before line 26 insert:
46
47 "Page 27 of the reengrossed bill, after line 10 insert:
48
49 "(IV) SUBPARAGRAPH (II) OF THIS PARAGRAPH (b) IS REPEALED,
50 EFFECTIVE FEBRUARY 15, 2013.".".
51
52 Amendment No. 5, by Representative(s) Scanlan.
53
54 Amend the Education Committee Report, dated May 6, 2010, page 1,
55 after line 16 insert:
56
1 "Page 10, strike line 15 and substitute "22-11-204 (2)".
2
3 Page 10, line 16, strike "SHALL" and substitute "MAY".".
4
5 Amendment No. 6, by Representative(s) Scanlan.
6
7 Amend the Education Committee Report, dated May 6, 2010, page 3,
8 before line 1 insert:
9
10 "Page 20 of the bill, line 24, strike "year;" and substitute "year.
11 PROBATIONARY TEACHERS SHALL RECEIVE THE WRITTEN EVALUATION
12 REPORT AT LEAST TWO WEEKS BEFORE THE END OF CLASSES.".
13
14 Page 20 of the bill, line 27, strike "every three years" and substitute
1315 "every three years; EXCEPT THAT, BEGINNING WITH THE 2012-
16 ACADEMIC YEAR, NONPROBATIONARY TEACHERS SHALL RECEIVE A
17 WRITTEN EVALUATION REPORT PURSUANT TO SUBSECTION (3) OF THIS
18 SECTION".
19
20 Page 21, line 3, strike "22-9-105.5; AND" and substitute "22-9-105.5.
21 NONPROBATIONARY TEACHERS SHALL RECEIVE THE WRITTEN EVALUATION
22 REPORT AT LEAST TWO WEEKS BEFORE THE END OF CLASSES.".
23
24 Amendment No. 7, by Representative(s) Solano.
25
26 Amend, Amendment No. 6 by Representative Scanlan, printed in House
27 Journal page 1795, line 12, strike "END OF CLASSES." and substitute "LAST
28 CLASS DAY OF THE SCHOOL YEAR.".
29
30 Page 1795, line 22, strike "END OF CLASSES." and substitute "LAST CLASS
31 DAY OF THE SCHOOL YEAR.".
32
33 Amendment No. 8, by Representative(s) Scanlan.
34
35 Amend the Education Committee Report, dated May 6, 2010, page 7, line
36 2, strike "ASSOCIATION," and substitute "ASSOCIATION IN A DISTRICT THAT
37 HAS AN OPERATING MASTER EMPLOYMENT CONTRACT,".
38
39 Amendment No. 9, by Representative(s) Scanlan.
40
41 Amend the Education Committee Report, dated May 6, 2010, page 5, line
42 22, before "AVAILABLE" insert "A REASONABLE NUMBER OF".
BILL SCR10-001 |
Senate Journal, May 10
SCR10-001 by Senator(s) Heath, Morse; also Representative(s) Ferrandino, Court--Submitting to the
registered electors of the state of Colorado an amendment to article XIX of the constitution
of the state of Colorado, concerning the creation of the fiscal policy constitutional
commission, and, in connection therewith, establishing a commission consisting of nineteen
members appointed by various state officials for the purpose of reviewing the fiscal policy
set forth in the state constitution and, if appropriate, submitting to the voters in 2012 one or
more measures to amend the fiscal policy set forth in the constitution; permitting a measure
to include more than one subject; exempting a measure from existing constitutional election
requirements; requiring the general assembly to conduct public hearings related to a
measure and make a recommendation to voters about the measure; and requiring each
measure to be published prior to the election and included in the ballot information booklet.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, April 29, pages 1074-1077 and placed in members' bill files.)
Amendment No. 2(L.006), by Senator Heath.
Amend the State, Veterans, & Military Affairs Report, dated April 28,
2010, page 4, line 15, strike "NO MEASURE SHALL" and substitute "A
MEASURE SHALL NOT".
Page 4, strike lines 22 and 23 and substitute:
"(III) THE MEASURE DOES NOT INCLUDE ANY NEW LANGUAGE TO
BE ADDED TO THIS CONSTITUTION, EXCEPT AS IS NECESSARY, IN THE
DISCRETION OF THE COMMISSION, TO MAKE TECHNICAL, CONFORMING
AMENDMENTS OR TO RECONCILE ANY CONFLICTS OR INCONSISTENCIES
THAT EXIST IN THIS CONSTITUTION; AND".
Amendment No. 3(L.007), by Senator Heath.
Amend printed the State, Veterans, & Military Affairs Report, dated
April 28, 2010, page 6, strike lines 1 through 10 and substitute:
"(b) SUBSEQUENT TO ANY PUBLIC HEARING REQUIRED PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (6), THE GENERAL ASSEMBLY
SHALL CONSIDER A JOINT RESOLUTION TO APPROVE THE MEASURE. IF THE
JOINT RESOLUTION IS ADOPTED BY A VOTE OF TWO-THIRDS OF ALL THE
MEMBERS ELECTED TO EACH HOUSE, THE MEASURE SHALL BE SUBMITTED
TO THE VOTERS AT THE NEXT GENERAL ELECTION. IF THE JOINT
RESOLUTION IS NOT ADOPTED BY A VOTE OF TWO-THIRDS OF ALL THE
MEMBERS ELECTED TO EACH HOUSE, THE MEASURE SHALL NOT BE
SUBMITTED TO THE VOTERS AT THE NEXT GENERAL ELECTION. IN NO CASE
SHALL THE GENERAL ASSEMBLY HAVE THE POWER TO CHANGE A MEASURE
IN ANY WAY.".
Page 6, line 25, after "BY" insert "TWO-THIRDS OF EACH HOUSE OF".
Page 7, line 9, after "BY" insert "TWO-THIRDS OF EACH HOUSE OF".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, May 10
SCR10-001 by Senator(s) Heath, Morse; also Representative(s) Ferrandino, Court--Submitting to the
registered electors of the state of Colorado an amendment to article XIX of the constitution
of the state of Colorado, concerning the creation of the fiscal policy constitutional
commission, and, in connection therewith, establishing a commission consisting of nineteen
members appointed by various state officials for the purpose of reviewing the fiscal policy
set forth in the state constitution and, if appropriate, submitting to the voters in 2012 one or
more measures to amend the fiscal policy set forth in the constitution; permitting a measure
to include more than one subject; exempting a measure from existing constitutional election
requirements; requiring the general assembly to conduct public hearings related to a
measure and make a recommendation to voters about the measure; and requiring each
measure to be published prior to the election and included in the ballot information booklet.
Senator Schultheis moved to amend the Report of the Committee of the Whole
to show that the following Schultheis floor amendment, (L.008) to SCR 10-001
did pass.
Amend the State, Veterans, and Military Affairs Committee Report, dated April
28, 2010, page 4, after line 21 insert:
"(III) THE MEASURE DOES NOT AMEND, REPEAL, OR SUPERSEDE ANY
PROVISION OF SECTION 20 OF ARTICLE X OF THIS CONSTITUTION.".
Renumber succeeding subparagraphs accordingly.
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
BILL SCR10-003 |
Senate Journal, May 10
SCR10-003 by Senator(s) Tapia and White, Heath, Penry, Boyd, Hodge, Keller, Kester, Romer, Shaffer
B.; also Representative(s) Court--Submitting to the registered electors of the state of
Colorado an amendment to section 1 of article V of the constitution of the state of Colorado,
concerning initiated constitutional amendments, and, in connection therewith, requiring at
least five percent of the minimum total number of signatures for a petition for an initiated
constitutional amendment to be gathered from residents of each state congressional district
and, with certain specified exceptions, requiring at least sixty percent voter approval for a
proposed initiated constitutional amendment to become part of the constitution.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, April 29, pages 1108-1129 and placed in members' bill files.)
Amendment No. 2(L.004), by Senator Tapia.
Amend printed concurrent resolution, page 3, line 22, strike "measure."
and substitute "measure; EXCEPT THAT THE GENERAL ASSEMBLY SHALL
NOT AMEND, REPEAL, OR SUPERSEDE AN INITIATED LAW FOR A PERIOD OF
THREE YEARS FROM THE DATE THE LAW TAKES EFFECT UNLESS APPROVED
BY A VOTE OF TWO-THIRDS OF ALL THE MEMBERS ELECTED TO EACH
HOUSE.".
Page 5, line 2, strike "INITIATED CONSTITUTIONAL".
Page 5, line 3, strike "AMENDMENTS," and substitute "BALLOT
INITIATIVES,".
Page 5, line 6, strike "DISTRICT".
Page 5, line 7, strike "AND," and substitute "DISTRICT;".
Page 5, line 9, strike "CONSTITUTION?"" and substitute "CONSTITUTION;
AND REQUIRING A TWO-THIRDS VOTE FOR THE GENERAL ASSEMBLY TO
AMEND, REPEAL, OR SUPERSEDE AN INITIATED LAW FOR A PERIOD OF
THREE YEARS AFTER THE LAW BECOMES EFFECTIVE?"".
Page 1, line 104, strike "INITIATED CONSTITUTIONAL AMENDMENTS,"
and substitute "BALLOT INITIATIVES,".
Page1, line 109, strike "DISTRICT AND," and substitute "DISTRICT;".
Page 1, line 112, strike "CONSTITUTION." and substitute
"CONSTITUTION; AND REQUIRING A TWO-THIRDS VOTE FOR THE
GENERAL ASSEMBLY TO AMEND, REPEAL, OR SUPERSEDE AN INITIATED
LAW FOR A PERIOD OF THREE YEARS AFTER THE LAW BECOMES
EFFECTIVE.".
Amendment No. 3(L.005), by Senator Brophy.
Amend printed concurrent resolution, page 3, strike line 27.
Page 4, strike lines 1 through 24 and substitute "CAST THEREON.".
Page 5, line 7, strike "AND, WITH CERTAIN SPECIFIED EXCEPTIONS," and
substitute "AND".
Page 1, line 109, strike "AND, WITH CERTAIN SPECIFIED".
Page 1, line 110, strike "EXCEPTIONS," and substitute "AND".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, May 10
SCR10-003 by Senator(s) Tapia and White, Heath, Penry, Boyd, Hodge, Keller, Kester, Romer, Shaffer
B.; also Representative(s) Court--Submitting to the registered electors of the state of
Colorado an amendment to section 1 of article V of the constitution of the state of Colorado,
concerning initiated constitutional amendments, and, in connection therewith, requiring at
least five percent of the minimum total number of signatures for a petition for an initiated
constitutional amendment to be gathered from residents of each state congressional district
and, with certain specified exceptions, requiring at least sixty percent voter approval for a
proposed initiated constitutional amendment to become part of the constitution.
Senator White moved to amend the Report of the Committee of the Whole to
show that the following Brophy floor amendment, (L.005) SCR 10-003 did not
pass.
Amend printed concurrent resolution, page 3, strike line 27.
Page 4, strike lines 1 through 24 and substitute "CAST THEREON.".
Page 5, line 7, strike "AND, WITH CERTAIN SPECIFIED EXCEPTIONS," and substitute
"AND".
Page 1, line 109, strike "AND, WITH CERTAIN SPECIFIED".
Page 1, line 110, strike "EXCEPTIONS," and substitute "AND".