Amendments for SB20-089
Senate Journal, January 30
After consideration on the merits, the Committee recommends that SB20-089 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 7, after line 1 insert:
"(10) "SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT
AUTHORIZED BY SECTION 15 OF ARTICLE IX OF THE STATE CONSTITUTION
AND ORGANIZED PURSUANT TO ARTICLE 30 OF THIS TITLE 22. "SCHOOL
DISTRICT" ALSO INCLUDES A BOARD OF COOPERATIVE SERVICES CREATED
PURSUANT TO ARTICLE 5 OF THIS TITLE 22 IF IT IS OPERATING A PUBLIC
SCHOOL.".
Renumber succeeding subsections accordingly.
Page 8, line 23, strike "ORGANIZATION;" and substitute "ORGANIZATION;
AND, IF THE APPLICANT IS A CHARTER SCHOOL THAT IS A MEMBER OF A
NETWORK OF CHARTER SCHOOLS, THE AMOUNT THE APPLICANT RECEIVES
FROM THE CHARTER SCHOOL NETWORK;".
Page 9, after line 10 insert:
"(c) FOR THE PRECEDING THREE BUDGET YEARS, THE APPLICANT'S
RATIO OF ADMINISTRATORS TO TEACHERS;".
Reletter succeeding paragraphs accordingly.
Page 11, after line 16, insert:
"(d) IF THE APPLICANT IS A CHARTER SCHOOL THAT IS A MEMBER
OF A CHARTER SCHOOL NETWORK, THE AMOUNT THE APPLICANT RECEIVES
FROM THE CHARTER SCHOOL NETWORK;".
Reletter succeeding paragraphs accordingly.
Page 11, line 20, strike "AND".
Page 11, line 25, strike "YEAR." and substitute "YEAR; AND
(g) THE NUMBER OF STUDENTS ENROLLED BY THE APPLICANT AND
THE APPLICANT'S RATIO OF ADMINISTRATORS TO TEACHERS.".
Page 14, after line 19 insert:
"(c) WHEN THE DEPARTMENT ANNUALLY DETERMINES THE
AMOUNT OF A PROGRAM PARTICIPANT'S REQUIRED CONTRIBUTION, THE
DEPARTMENT SHALL REVIEW THE PROGRESS THAT THE PROGRAM
PARTICIPANT IS MAKING IN IMPLEMENTING ITS PLAN FOR INCREASING THE
MATCHING AMOUNT AND SUSTAINING THE SALARY AND WAGE INCREASES,
AS INCLUDED IN THE APPLICATION PURSUANT TO SECTION 22-55.5-103
(2)(g). SPECIFICALLY, THE DEPARTMENT SHALL DETERMINE THE EXTENT
TO WHICH THE PROGRAM PARTICIPANT IS SUBSTANTIALLY MEETING THE
BENCHMARKS IDENTIFIED IN THE PLAN.".
Business,
Labor, &
Technology
Senate Journal, March 13
After consideration on the merits, the Committee recommends that SB20-089 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 8, line 7, strike "AGREEMENT," and substitute
"AGREEMENT OR A MEET AND CONFER AGREEMENT,".
Page 13, line 2, after the period add "UNDER THE SCHEDULE, A PROGRAM
PARTICIPANT MAY CONTINUE TO RECEIVE ONE HUNDRED PERCENT OF THE
AMOUNT REQUIRED TO INCREASE TEACHER SALARIES TO THE DISTRICT
REQUIRED MINIMUM TEACHER SALARY AMOUNT AND THE AMOUNT
REQUIRED TO INCREASE EMPLOYEE WAGES TO THE DISTRICT REQUIRED
MINIMUM HOURLY WAGE AMOUNT, AS APPLICABLE, BASED ON THE
FINANCIAL SITUATION OF THE PROGRAM PARTICIPANT AS DETERMINED BY
THE DEPARTMENT.".
Page 13, strike lines 6 and 7 and substitute "AND SO LONG AS THE
PROGRAM PARTICIPANT CONTINUES TO REQUIRE FINANCIAL ASSISTANCE
AS PROVIDED IN SUBSECTION (2)(b) OF THIS".
Page 14, strike lines 7 and 8 and substitute "CONTRIBUTION. IN THE
SECOND AND SUBSEQUENT YEARS OF PROGRAM PARTICIPATION, A
PROGRAM PARTICIPANT MAY CONTINUE TO RECEIVE ONE HUNDRED
PERCENT OF THE AMOUNT REQUIRED TO INCREASE TEACHER SALARIES TO
THE DISTRICT REQUIRED MINIMUM TEACHER SALARY AMOUNT AND THE
AMOUNT REQUIRED TO INCREASE EMPLOYEE WAGES TO THE DISTRICT
REQUIRED MINIMUM HOURLY WAGE AMOUNT, AS APPLICABLE, IF THE
DEPARTMENT FINDS THAT LEVEL OF FINANCIAL ASSISTANCE IS
NECESSARY. IT IS ANTICIPATED THAT THE AMOUNT OF EACH PROGRAM
PARTICIPANT'S CONTRIBUTION INCREASES GRADUALLY OVER TIME AND".
Page 14, line 13, strike "NO LONGER".
Page 14, line 14, strike "WHEN" and substitute "SO LONG AS".
Page 14, lines 15 and 16, strike "HAS SUFFICIENT REVENUE" and
substitute "CONTINUES TO REQUIRE FINANCIAL ASSISTANCE".
Page 15, line 6, strike "TREASURER SHALL CREDIT TO THE FUND" and
substitute "TREASURER, AFTER CREDITING PUBLIC SCHOOL LANDS INCOME
TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND, THE
STATE LAND BOARD TRUST ADMINISTRATION FUND, AND THE STATE
BOARD OF LAND COMMISSIONERS INVESTMENT AND DEVELOPMENT FUND
AS PROVIDED IN SECTION 36-1-116 (1)(a)(II)(C) AND (1)(c)(III), SHALL
CREDIT TO THE FUND FROM THE REMAINING INCOME".
Page 16, strike line 13 through 27 and substitute "(1)(a)(II)(A); and add
(1)(a)(II)(C) and (1)(c)(III) as follows:
36-1-116. Disposition of rentals, royalties, and timber sale
proceeds. (1) (a) (II) (A) Except as provided in sub-subparagraph (B)
of this subparagraph (II) SUBSECTION (1)(a)(II)(B) OF THIS SECTION, for
the 2010-11 state fiscal year and each state fiscal year thereafter
THROUGH THE 2019-20 STATE FISCAL YEAR, the proceeds received by the
state for the sale of timber on public school lands, lease payments and
rental payments for said lands, rental payments for the use and
occupation of the surface of said lands, and rentals or lease payments for
sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver,
or other minerals on said lands other than proceeds, rentals, and
payments allocated to the state land board trust administration fund
pursuant to section 36-1-145 (3) or credited to the public school capital
construction assistance fund created in section 22-43.7-104 (1) C.R.S.,
pursuant to section 22-43.7-104 (2)(b)(I) C.R.S., shall be ARE credited to
the permanent school fund and shall become part of the principal of the
permanent school fund.
(C) FOR THE 2020-21 STATE FISCAL YEAR AND EACH STATE FISCAL
YEAR THEREAFTER, THE PROCEEDS RECEIVED BY THE STATE FOR THE SALE
OF TIMBER ON PUBLIC SCHOOL LANDS, LEASE PAYMENTS AND RENTAL
PAYMENTS FOR SAID LANDS, RENTAL PAYMENTS FOR THE USE AND
OCCUPATION OF THE SURFACE OF SAID LANDS, AND RENTALS OR LEASE
PAYMENTS FOR SAND, GRAVEL, CLAY, STONE, COAL, OIL, GAS,
GEOTHERMAL RESOURCES, GOLD, SILVER, OR OTHER MINERALS ON SAID
LANDS ARE CREDITED FIRST TO THE PUBLIC SCHOOL CAPITAL
CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION 22-43.7-104 (1)
PURSUANT TO SECTION 22-43.7-104 (2)(b)(I); NEXT TO THE STATE LAND
BOARD TRUST ADMINISTRATION FUND PURSUANT TO SECTION 36-1-145
(3); AND NEXT TO THE EDUCATOR PAY RAISE FUND PURSUANT TO SECTION
22-55.5-105 (2). THE REMAINDER OF SAID PROCEEDS, RENTALS, AND
PAYMENTS IS CREDITED TO THE PERMANENT SCHOOL FUND AND BECOMES
PART OF THE PRINCIPAL OF THE PERMANENT SCHOOL FUND.
(c) (III) FOR THE 2020-21 STATE FISCAL YEAR AND EACH STATE
FISCAL YEAR THEREAFTER, OF THE ROYALTIES AND OTHER PAYMENTS FOR
THE DEPLETION OR EXTRACTION OF A NATURAL RESOURCE ON PUBLIC
SCHOOL LANDS IN EXCESS OF THE TOTAL AMOUNT OF SAID ROYALTIES
AND OTHER PAYMENTS CREDITED TO THE STATE LAND BOARD TRUST
ADMINISTRATION FUND PURSUANT TO SECTION 36-1-145 (3), CREDITED TO
THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED
IN SECTION 22-43.7-104 (1) PURSUANT TO SECTION 22-43.7-104 (2)(b)(I),
AND CREDITED AS SPECIFIED IN SUBSECTION (1)(b)(II) OF THIS SECTION,
TEN PERCENT OF THE GROSS AMOUNT OF ROYALTIES AND OTHER
PAYMENTS RECEIVED, OR FIFTEEN MILLION DOLLARS, WHICHEVER IS
GREATER, IS CREDITED TO THE EDUCATOR PAY RAISE FUND PURSUANT TO
SECTION 22-55.5-105 (2). ANY AMOUNT OF ROYALTIES AND OTHER
PAYMENTS FOR THE DEPLETION OR EXTRACTION OF A NATURAL RESOURCE
ON PUBLIC SCHOOL LANDS IN EXCESS OF THE AMOUNTS DESCRIBED IN THIS
SUBSECTION (1)(c)(III) IS CREDITED TO THE PERMANENT SCHOOL FUND
AND BECOMES PART OF THE PRINCIPAL OF THE PERMANENT SCHOOL
FUND.".
Strike page 17.
Page 18, strike lines 1 through 11.
Page 18, before line 12, insert:
"SECTION 3. Appropriation. For the 2020-21 state fiscal year,
$15,000,000 is appropriated to the department of education. This
appropriation is from the educator pay raise fund created in section 22-
55.5-105 (1), C.R.S., and is based on an assumption that the department
will require an additional 1.9 FTE. To implement this act, the department
may use this appropriation for the educator pay raise program.".
Renumber succeeding section accordingly.
Page 1, line 103, strike "PROVIDERS." and substitute "PROVIDERS, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Amend the Education Committee Report, dated January 29, 2020, page
1, after line 8 insert:
"Page 7 of the printed bill, after line 12 insert:
"(12) "TOTAL PROGRAM FUNDING" MEANS:
(a) FOR A SCHOOL DISTRICT, THE AMOUNT OF TOTAL PROGRAM
FUNDING CALCULATED ANNUALLY PURSUANT TO SECTION 22-54-104 (2)
FOR THE SCHOOL DISTRICT;
(b) FOR A CHARTER SCHOOL THAT IS AUTHORIZED BY A SCHOOL
DISTRICT, THE AMOUNT OF TOTAL PROGRAM FUNDING CALCULATED
ANNUALLY PURSUANT TO SECTION 22-54-104 (2) FOR THE AUTHORIZING
SCHOOL DISTRICT; AND
(c) FOR AN INSTITUTE CHARTER SCHOOL OR A SCHOOL OPERATED
BY A BOARD OF COOPERATIVE SERVICES, THE AMOUNT OF TOTAL
PROGRAM FUNDING CALCULATED ANNUALLY PURSUANT TO SECTION
22-54-104 (2) FOR THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS
LOCATED.".
Page 8 of the printed bill, line 21, strike "AND".".
Page 1 of the committee report, after line 16 insert:
"Page 10 of the printed bill, line 23, after "(3)" insert "(a)".
Page 10 of the printed bill, strike lines 25 through 26 and substitute:
"SELECT FIRST THOSE APPLICANTS THAT ARE IN EXTREME FINANCIAL
NEED. AN APPLICANT IS DEEMED TO BE IN EXTREME FINANCIAL NEED IF:
(I) THE APPLICANT REALIZES THE FULL AMOUNT OF REDUCTION IN
ITS TOTAL PROGRAM FUNDING AS A RESULT OF THE BUDGET
STABILIZATION FACTOR CALCULATED PURSUANT TO SECTION 22-54-104
(5)(g) FOR THE BUDGET YEAR OF APPLICATION AND EACH OF THE THREE
PRECEDING BUDGET YEARS;
(II) THE APPLICANT IS A SCHOOL DISTRICT, OR A CHARTER SCHOOL
OF A SCHOOL DISTRICT, AND THE TOTAL AMOUNT OF ADDITIONAL LOCAL
REVENUE THAT THE SCHOOL DISTRICT ANNUALLY RECEIVES FROM THE
PROPERTY TAX MILL LEVIES APPROVED PURSUANT TO SECTION 22-40-102
(1.5) OR (1.7), 22-54-107.5, 22-54-108, 22-54-108.5, OR 22-54-108.7 AS
OF THE BUDGET YEAR OF APPLICATION IS LESS THAN FIVE PERCENT OF THE
SCHOOL DISTRICT'S TOTAL PROGRAM FUNDING FOR THE BUDGET YEAR OF
APPLICATION OR THE AMOUNT OF ADDITIONAL REVENUE THAT THE
CHARTER SCHOOL RECEIVES FROM THE SCHOOL DISTRICT IS LESS THAN
FIVE PERCENT OF THE CHARTER SCHOOL'S TOTAL PROGRAM FUNDING;
(III) THE APPLICANT IS AN INSTITUTE CHARTER SCHOOL AND THE
AMOUNT THAT THE APPLICANT RECEIVES FROM THE MILL LEVY
EQUALIZATION FUND PURSUANT TO SECTION 22-30.5-513.1 IS LESS THAN
FIVE PERCENT OF THE APPLICANT'S TOTAL PROGRAM FUNDING FOR THE
BUDGET YEAR OF APPLICATION; AND
(IV) FOR THE BUDGET YEAR OF APPLICATION AND EACH OF THE
THREE PRECEDING BUDGET YEARS, THE APPLICANT RECEIVES AN AMOUNT
OF REVENUE FROM PRIVATE GIFTS, GRANTS, OR DONATIONS THAT IS LESS
THAN TEN PERCENT OF THE APPLICANT'S TOTAL PROGRAM FUNDING. IF
THE APPLICANT IS A MEMBER OF A CHARTER SCHOOL NETWORK, ANY
REVENUE THAT THE APPLICANT RECEIVES FROM THE CHARTER SCHOOL
NETWORK IS INCLUDED AS REVENUE FROM PRIVATE GIFTS, GRANTS, OR
DONATIONS.
(b) IF THE AMOUNT APPROPRIATED FOR THE PROGRAM IS
INSUFFICIENT TO FULLY FUND ALL OF THE APPLICANTS WHO ARE DEEMED
TO BE IN EXTREME FINANCIAL NEED AS DESCRIBED IN SUBSECTION (3)(a)
OF THIS SECTION, THE DEPARTMENT AND THE STATE BOARD SHALL
PRIORITIZE THOSE APPLICANTS BASED ON THE CRITERIA SPECIFIED IN
SUBSECTION (4) OF THIS SECTION.
(4) IF ALL OF THE APPLICANTS THAT ARE DEEMED TO BE IN
EXTREME FINANCIAL NEED AS DESCRIBED IN SUBSECTION (3)(a) OF THIS
SECTION ARE PARTICIPATING IN THE PROGRAM, THE DEPARTMENT AND
THE STATE BOARD SHALL PRIORITIZE AMONG THE REMAINING APPLICANTS
THOSE APPLICANTS THAT DEMONSTRATE THE GREATEST FINANCIAL NEED,
WHICH THE DEPARTMENT AND THE STATE BOARD SHALL DETERMINE BY
APPLYING THE FOLLOWING MINIMUM CRITERIA:".
Page 11 of the printed bill, line 1, strike "NUMBER" and substitute
"PERCENTAGE".
Page 11 of the printed bill, line 3, strike "AMOUNT;" and substitute
"AMOUNT IS HIGH RELATIVE TO OTHER APPLICANTS;".
Page 11 of the printed bill, line 5, strike "NUMBER" and substitute
"PERCENTAGE".
Page 11 of the printed bill, line 7, strike "AMOUNT;" and substitute
"AMOUNT IS HIGH RELATIVE TO OTHER APPLICANTS;".
Page 11 of the printed bill, line 10, strike "APPLICANT'S" and substitute
"APPLICANT HAS LIMITED".
Page 11 of the printed bill, line 16, strike "YEARS;" and substitute "YEARS
IS LOW RELATIVE TO OTHER APPLICANTS;".".
Page 2 of the committee report, strike line 1 and substitute:
"Page 11 of the printed bill, strike line 17 and substitute:
"(e) RELATIVE TO OTHER APPLICANTS, THE APPLICANT RECEIVES
A LOW AMOUNT ANNUALLY FROM".
Page 11 of the printed bill, lines 18 and 19, strike "WHETHER THE
APPLICANT IS" and substitute "THE APPLICANT IS NOT".".
Page 2 of the committee report, after line 2 insert:
"Page 11 of the printed bill, strike lines 21 through 25 and substitute:
"(f) RELATIVE TO OTHER APPLICANTS, THE APPLICANT MAINTAINS
A LARGE AMOUNT OF RESERVES THAT ARE NOT COMMITTED TO A SPECIFIC
USE OR PROJECT, NOT INCLUDING THE RESERVE REQUIRED BY SECTION 20
(5) OF ARTICLE X OF THE STATE CONSTITUTION, OR THE APPLICANT
CARRIES OVER A LARGE AMOUNT OF UNEXPENDED AND UNCOMMITTED
MONEY FROM ONE BUDGET YEAR TO THE NEXT BUDGET YEAR.".".
Page 2 of the committee report, line 13, strike "(2)(g)." and substitute
"(2)(h).".