Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 33.
Absent/Excused--Ament, Wattenberg--Total, 2.
Present later--Ament.
Quorum The President announced a quorum present.
Reading of On motion of Senator Arnold, reading of the Journal of February 11th was dispensed with
Journal and the Journal stands approved as corrected
by the Secretary.
COMMITTEE OF REFERENCE REPORTS
Business After consideration on the merits, the committee recommends that SB 98-102 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 4, line 2, strike "756409."
and substitute "7108401.";
line 5, strike "756409." and
substitute "7108401. FOR PURPOSES OF THIS SUBSECTION
(2), REFERENCES TO "CORPORATION" AND "SHAREHOLDERS"
IN SECTION 7108401 SHALL BE CONSTRUED AS REFERRING
TO "COOPERATIVE" AND "MEMBERS"
RESPECTIVELY.";
strike lines 6 through 26.
Page 5, strike lines 1 through 14.
Renumber succeeding sections accordingly.
Page 7, strike lines 20 through 22 and substitute
the following:
"PROVISIONS OF THE OPERATING AGREEMENT, OR IN
THE ABSENCE OF SUCH PROVISIONS, by all the members";
strike line 25 and 26 and substitute the following:
"SECTION 9. 790102
(2), (5), (11), (13), (14), (16), (18), (19), (20), (21), (24),
(25), (26), (27), (28), (29), (41),".
Page 8, strike lines 5 through 25.
Page 9, line 2, strike "title OR THE" and
substitute "title.";
strike lines 3 and 4;
line 5, strike "COLORADO STATUTE.";
line 7, strike "SPECIFIED" and substitute
"USED";
strike lines 10 through 12 and substitute the following:
"TITLE. With respect to a foreign corporation
or";
strike lines 16 through 26.
Page 10, strike lines 1 through 6;
SB 98-102
(Cont.)
strike lines 12 through 26 and substitute the following:
"(10.5) "DELIVER"
INCLUDES MAIL; EXCEPT THAT DELIVERY TO THE SECRETARY OF STATE
MEANS ACTUAL RECEIPT BY THE SECRETARY OF STATE.
(11) "Domestic cooperative"
means any entity organized
FORMED under ARTICLE 55 OF THIS TITLE AND ANY ENTITY FORMED UNDER
the "Colorado Cooperative Act", article 56 of this title,
or any other act of the state of Colorado, that has elected to
be subject to the "Colorado Cooperative Act".".
Page 11, strike lines 1 through 7;
strike line 9 and substitute the following:
"general partnership, a DOMESTIC cooperative,";
line 10, strike "ARTICLE 55,";
strike lines 20 and 21 and substitute the following:
"THIS TITLE. THE TERM INCLUDES";
strike lines 25 and 26 and substitute the following:
"THIS TITLE.".
Page 12, strike lines 1 through 5;
line 14, strike "TITLE," and substitute
"TITLE.";
strike line 15;
line 16, strike "SUBSEQUENTLY ENACTED COLORADO
STATUTE.";
strike lines 20 through 26 and substitute the following:
"ACT (1997)", OR ARTICLE 64 OF THIS
TITLE.".
Page 13, strike lines 1 through 11 and substitute
the following:
"(18) "Domestic nonprofit association"
means an
A nonprofit association as defined in the "Colorado
UNIFORM Unincorporated Nonprofit Association Act", OR article
30 of this title.
(19) "Domestic nonprofit corporation"
means a corporation organized or existing under the "Colorado
Nonprofit Corporation Act", articles 20 to 29 of this title,
ARTICLES 40 TO 52 OF THIS TITLE, AND THE "COLORADO REVISED
NONPROFIT CORPORATION ACT", ARTICLES 121 TO 137 OF THIS
TITLE.";
strike lines 22 through 26.
Page 14, strike lines 1 through 6.
Page 15, strike line 26.
Page 16, strike lines 1 through 3;
strike lines 7 and 8;
line 26, strike "FUNCTIONAL EQUIVALENT OF"
and substitute "FUNCTIONALLY EQUIVALENT DOCUMENT OF".
Page 17, line 2, strike "means," and substitute
"means THIS ARTICLE AND,";
line 6, strike "AN ENTITY." and substitute "AN ENTITY, OR ANY OTHER BUSINESS TRUST, ESTATE, TRUST, JOINT VENTURE, GOVERNMENT, GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALITY, OR ANY LEGAL OR COMMERCIAL ENTITY.";
SB 98-102
(Cont.)
strike lines 7 through 26.
Strike page 18.
Page 19, strike lines 1 through 9;
strike lines 12 through 26.
Page 20, strike lines 1 and 2;
strike lines 7 through 11 and substitute the following:
"(b) In
the case of a foreign entity other than a foreign corporation
or foreign nonprofit corporation,
THE conversion is permitted by the constituent documents of the
foreign entity which
THAT are not inconsistent with the organic statute governing the
foreign entity.".
Page 21, line 23, strike "section:" and
substitute "section
ARTICLE:".
Page 22, line 5, strike "conversion" and
substitute "conversion";
strike lines 6 and 7 and substitute the following:
"governing the foreign entity, or in
the case of a foreign entity other than a foreign corporation
or foreign nonprofit corporation, conversion
THE".
Page 23, before line 1, insert the following:
"SECTION 14. 790204
(1), Colorado Revised Statutes is amended BY THE ADDITION OF A
NEW PARAGRAPH to read:
790204. Effect of merger
entity unchanged. (1) After
a merger is effective:
(d) THE SURVIVING ENTITY IS FOR ALL PURPOSES
THE SAME ENTITY AS THE MERGING ENTITIES.".
Renumber succeeding sections accordingly.
Page 23, line 9, strike "article." and
substitute "article
TITLE.".
Page 25, line 4, strike "790304,"
and substitute "790302,";
line 8, strike "article" and substitute
"article
TITLE".
Strike pages 31 through 46.
Page 47, strike lines 1 through 15.
Renumber succeeding sections accordingly.
Page 53, line 19, strike "IN THE BYLAWS"
and substitute "THEREIN".
Page 54, after line 15, insert the following:
"SECTION 39. The introductory
portions to 3830172 (3) and (4) and 3830172
(5), Colorado Revised Statutes, are amended to read:
3830172. Evidence of existence
and authority definitions. (3) Prima
facie evidence of the existence of an entity that executed a recorded
instrument purporting to convey, encumber, or otherwise affect
title to real property may be shown by ANY ONE OR MORE OF the
following recorded instrument
INSTRUMENTS:
(4) Prima facie evidence of the authority
of the person that executed an instrument on behalf of an entity
purporting to convey, encumber, or otherwise affect title to real
property may be shown by ANY ONE OR MORE OF the following recorded
instruments:
SB 98-102
(Cont.)
(5) A statement of authority may contain
any limitation as may exist upon the authority of the person named
in the statement or holding the position described in the statement
to bind the entity and any other matters concerning the manner
in which the entity deals with any interest in real property.
Upon recording, a statement of authority shall constitute prima
facie evidence of the facts recited in the statement OF AUTHORITY
insofar as the facts affect title to real property and PRIMA FACIE
EVIDENCE of the authority OF THE PERSON EXECUTING THE STATEMENT
OF AUTHORITY to execute and record the statement of authority
on behalf of the entity.
SECTION 40. Article
30 of title 38, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
3830173. Survival of remedies
and title to corporate property after dissolution nonprofit
corporations. (1) THIS SECTION
SHALL APPLY TO NONPROFIT CORPORATIONS THAT WERE DISSOLVED BEFORE
JULY 1, 1998, AND EITHER FORMED UNDER ARTICLES 20 TO 29 OF TITLE
7, C.R.S., OR ELECTED OR COULD HAVE ELECTED TO ACCEPT SUCH ARTICLES
AS SET FORTH IN ARTICLES 20 TO 29 OF TITLE 7, C.R.S.; EXCEPT THAT
THIS SECTION SHALL NOT APPLY TO ANY CORPORATION THAT WAS DISSOLVED
BY OPERATION OF LAW BEFORE JULY 1, 1998, AS A CONSEQUENCE OF THE
SUSPENSION OF SUCH CORPORATION AND WAS ELIGIBLE FOR REINSTATEMENT
OR RESTORATION, RENEWAL, AND REVIVAL ON JUNE 30, 1998.
(2) THE DISSOLUTION OF A CORPORATION SHALL
NOT ELIMINATE OR IMPAIR ANY REMEDY AVAILABLE TO OR AGAINST THE
CORPORATION OR ITS DIRECTORS, OFFICERS, OR MEMBERS FOR ANY RIGHT
OR CLAIM EXISTING ON DISSOLUTION OR ANY LIABILITY INCURRED PRIOR
TO SUCH DISSOLUTION IF AN ACTION OR OTHER PROCEEDING IS COMMENCED
WITHIN TWO YEARS AFTER THE DATE OF THE DISSOLUTION; EXCEPT THAT
THIS SUBSECTION (2) SHALL NOT APPLY TO ANY ACTION AFFECTING THE
TITLE TO REAL ESTATE. ANY ACTION OR PROCEEDING BY OR AGAINST THE
CORPORATION MAY BE PROSECUTED OR DEFENDED BY THE CORPORATION IN
ITS CORPORATE NAME. THE MEMBERS, DIRECTORS, AND OFFICERS OF THE
CORPORATION SHALL HAVE THE POWER TO TAKE SUCH CORPORATE AND OTHER
ACTION AS SHALL BE NECESSARY OR APPROPRIATE TO EFFECT ANY REMEDY
AVAILABLE TO THE CORPORATION, OR DEFEND ANY ACTION OR PROCEEDING
AGAINST THE CORPORATION.
(3) (a) AFTER DISSOLUTION OF THE
CORPORATION, TITLE TO ANY PROPERTY OF THE CORPORATION NOT PREVIOUSLY
DISTRIBUTED OR DISPOSED OF BY THE CORPORATION SHALL REMAIN IN
THE CORPORATION. THE MAJORITY OF THE SURVIVING MEMBERS OF THE
LAST ACTING BOARD OF DIRECTORS AS NAMED IN THE FILES OF THE SECRETARY
OF STATE SHALL HAVE THE POWER AND ABILITY TO:
(I) SUE AND BE SUED IN THE CORPORATE NAME
AND, FOR PURPOSES OF SUIT AGAINST SUCH CORPORATION, EACH DIRECTOR
IS AN AGENT FOR SERVICE OF PROCESS; AND
(II) ACT ON BEHALF OF AND IN THE NAME
OF SUCH CORPORATION TO CONVEY AND DISPOSE OF ANY CORPORATE PROPERTY
NOT DISTRIBUTED OR DISPOSED OF IN THE DISSOLUTION.
(b) FINAL DISPOSITION OF SUCH PROPERTY
SHALL BE MADE BY THE MAJORITY OF THE SURVIVING DIRECTORS IN THE
MANNER PROVIDED BY LAW AT THE TIME OF THE DISSOLUTION OF THE CORPORATION.
ON THE DATE OF THE DEATH OF THE LAST SURVIVOR OF THE DIRECTORS,
THE PUBLIC TRUSTEE OF THE COUNTY IN WHICH THE PROPERTY OWNED BY
SUCH CORPORATION IS SITUATED SHALL HAVE THE POWER AND AUTHORITY
TO ACT ON BEHALF OF AND IN THE NAME OF SUCH CORPORATION TO CONVEY
AND DISPOSE OF THE PROPERTY.
SECTION 41. 3837104
(1) (g), Colorado Revised Statutes, is amended to read:
3837104. Duties of public
trustees fees, expenses, and salaries reports.
(1) The public trustees of each county of this state
shall perform the functions and exercise the powers conferred
upon them by statute. They shall be entitled to receive as fees
for such services the following sums and no other fees or perquisites
whatever:
SB 98-102
(Cont.)
(g) For performing any duty of the public
trustee prescribed by section 3830171
(3) (b) or 3834104 3830171
(3) (b), 3830173 (3) (b), OR 3834104,
the sum of twentyfive dollars or such greater amount as
may be approved by a court of competent jurisdiction;
SECTION 42. 3837106
(1), Colorado Revised Statutes, is amended to read:
3837106. Public trustee
to act as successor in trust additional duties.
(1) It is the duty of all public trustees of the several
counties of the state of Colorado to accept and discharge the
duties of trustee or successor trustee in accordance with the
provisions of section 3834104 and to accept and discharge
those duties of the public trustee prescribed by section
SECTIONS 3830171 (3) (b) AND 3830173 (3)
(b).".
Renumber succeeding sections accordingly.
Business After consideration on the merits, the committee recommends that SB 98-124 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 2, strike lines 5 through
26.
Page 3, strike lines 1 through 3 and substitute the
following:
"(2) AS USED IN THIS SECTION, "EMERGENCY"
MEANS A DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER OR PROCLAMATION
OF THE GOVERNOR PURSUANT TO SECTION 24322104 (4),
C.R.S.";
strike lines 12 through 15 and substitute the following:
"(c) IS RENDERED DURING THE TIME
IN WHICH A STATE OF DISASTER EMERGENCY EXISTS, AS PROVIDED IN
SECTION 24322104 (4), C.R.S.".
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: SB 98-151
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee on Appropriations: SB 98-152
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee on Appropriations: SB 98-163
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: SB 98-112
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: SB 98-162
and Labor
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: SB 98-123
and Labor
Health, After consideration on the merits, the committee recommends that SB 98-4 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
SB 98-4
(Cont.)
Amend printed bill, page 3, line 1, after "(8)",
insert "(a)";
strike lines 9 through 18, and substitute the following:
"VISIBILITY GOALS.
(b) (I) IN ORDER TO ENSURE COMPLIANCE
WITH THE REQUIREMENTS OF PARAGRAPH (a) OF THIS SUBSECTION (8),
FEDERAL LAND MANAGERS WITH JURISDICTION OVER FEDERAL PROPERTIES
AND FACILITIES WITHIN COLORADO SHALL SUBMIT LAND MANAGEMENT PLANS
OR EQUIVALENT PLANNING DOCUMENTS TO THE COMMISSION. THE COMMISSION
SHALL THEN CONDUCT A PUBLIC HEARING ON THOSE ELEMENTS OF THE LAND
MANAGEMENT PLAN RELEVANT TO ACHIEVING THE GOAL OF MINIMIZING EMISSIONS
TO THE MAXIMUM EXTENT PRACTICABLE.
(II) AS USED IN THIS PARAGRAPH (b), "EQUIVALENT
PLANNING DOCUMENTS" MEANS DOCUMENTS THAT SUMMARIZE THE
ELEMENTS OF A LAND MANAGEMENT PLAN THAT ARE RELEVANT TO THE DISCHARGE
OR RELEASE OF AIR POLLUTION AND DEMONSTRATE HOW COMPLIANCE WITH
THE STATE STANDARD SHALL BE ACHIEVED.
(c) FOLLOWING A PUBLIC HEARING, THE COMMISSION
SHALL COMMENT AND MAKE RECOMMENDATIONS TO THE FEDERAL LAND MANAGER
REGARDING ANY CHANGES TO ELEMENTS OF THE LAND MANAGEMENT PLAN
RELATING TO THE DISCHARGE OR RELEASE OF AIR POLLUTANTS THAT THE
COMMISSION FINDS NECESSARY TO COMPLY WITH THE STATE STANDARD.".
Page 4, strike lines 7 through 11, and substitute
the following:
"(c) NO PERMIT SHALL BE ISSUED BY
THE DIVISION PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS
SECTION AFTER JANUARY 1, 2000, UNLESS SUCH PERMIT IS CONSISTENT
WITH THE COMMENTS AND RECOMMENDATIONS OF THE COMMISSION CONCERNING
THE LAND MANAGEMENT PLAN OR EQUIVALENT PLANNING DOCUMENT, AS DEFINED
IN SECTION 25-7-106 (8) (b) (II), APPLICABLE TO THE AREA TO BE
BURNED; EXCEPT THAT PERMIT CONDITIONS MAY BE EXCLUDED FROM A PERMIT
IF A FEDERAL LAND MANAGER ASSERTS THAT SUCH CONDITIONS ARE SPECIFICALLY
PROHIBITED BY FEDERAL STATUTE AND IF THE DIVISION DETERMINES THAT
SUCH ASSERTION IS CORRECT. THE DIVISION SHALL REPORT ALL SUCH
EXCLUSIONS, WITHIN THIRTY DAYS AFTER THEY ARE GRANTED, TO THE
GOVERNOR AND TO THE DIRECTOR OF THE LEGISLATIVE COUNCIL. IN NO
EVENT SHALL A PERMIT BE ISSUED UNLESS A LAND MANAGEMENT PLAN OR
EQUIVALENT PLANNING DOCUMENT FOR THE AREA TO BE BURNED HAS BEEN
SUBMITTED ON OR BEFORE JULY 1, 1999, TO THE COMMISSION FOR REVIEW,
PUBLIC HEARING, AND COMMENT IN ACCORDANCE WITH SECTION 25-7-106
(8). THE COMMISSION SHALL ADOPT RULES TO PROVIDE FOR EXCEPTIONS
FROM THE REQUIREMENTS OF SAID SECTION WHERE IMMEDIATE ISSUANCE
OF A PERMIT IS NECESSARY TO PROTECT THE PUBLIC HEALTH AND SAFETY.".
Health, After consideration on the merits, the committee recommends that SB 98-157 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 2, after line 12, insert
the following:
"(c) SINCE A FAMILY CHILD CARE HOME PROVIDER
CAN CARE FOR UP TO EIGHT UNRELATED CHILDREN PURSUANT TO RULES
PROMULGATED BY THE STATE DEPARTMENT, SUCH A PROVIDER CAN VERY
CLOSELY APPROXIMATE A FAMILY SETTING. MOREOVER, A FAMILY CHILD
CARE HOME PROVIDER CAN CARE FOR THE PROVIDER'S OWN CHILDREN WHILE
CARING FOR OTHER CHILDREN IN THE FAMILY CHILD CARE HOME, THUS
FULFILLING A NEED FOR THE GAINFUL EMPLOYMENT OF SUCH PROVIDERS
WHILE, AT THE SAME TIME, FULFILLING THE COMMUNITY SERVICE NEED
OF ASSUMING CHILD REARING RESPONSIBILITIES OF THEIR CHILDREN AND
OTHERS' CHILDREN.".
Reletter succeeding paragraph accordingly.
SB 98-157
(Cont.)
Page 2, strike lines 23 through 26 and substitute
the following:
"(1) (a) FOR COVENANTS RECORDED ON OR AFTER
JULY 1, 1998, FAMILY CHILD CARE HOMES SHALL BE CONSIDERED A RESIDENTIAL
USE OF PROPERTY FOR PURPOSES OF COVENANTS GOVERNING THE USE OF
REAL PROPERTY AND SHALL BE PERMITTED IN ALL NEIGHBORHOODS IN WHICH
RESIDENTIAL USES ARE PERMITTED.
(b) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO ANY COVENANTS GOVERNING ANY USE OF REAL PROPERTY THAT WERE
RECORDED PRIOR TO JULY 1, 1998, AND FAMILY CHILD CARE HOMES SHALL
NOT BE CONSIDERED RESIDENTIAL USES OF PROPERTY UNDER SUCH COVENANTS
AND MAY BE PROHIBITED BY SUCH COVENANTS.".
MESSAGE FROM THE GOVERNOR
February 11, 1998
To the Honorable Members
Colorado Senate
Colorado House of Representatives
Sixty-First General Assembly
Second Regular Session
State Capitol
Denver, Colorado 80203
Ladies and Gentlemen:
This clemency report is submitted to you as required
under Article IV, Section 7, of the Colorado Constitution. During
1997, I granted 5 pardons and no commutations of sentence.
Pardons were granted to:
1. James Ferguson
2. Camella King
3. Robert Lucero
4. Sheridan Selders
5. James Smederovac
Attached are copies of the Executive Orders for your
review.
Sincerely,
(Signed)
Roy Romer
Governor
Rec'd 2/11/98
P. Dicks, Assistant Secretary
(Original Letter and copies of Executive Orders are
on file with Secretary of the Senate.)
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committee indicated:
SB 98-176 by Senator Feeley--Concerning unauthorized military activities.
State, Veterans, and Military Affairs
COMMITTEE OF REFERENCE REPORTS
Education After consideration on the merits, the committee recommends that SB 98-155 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend printed bill, strike pages 2 through 5.
Page 6, strike lines 1 through 20.
SB 98-155
(Cont.)
Renumber succeeding sections accordingly.
Education After consideration on the merits, the committee recommends that SB 98-61 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend printed bill, page 3, line 4, strike "THE
SCHOOL OF NURSING AT";
after line 16, insert the following:
"(4) AS USED IN THIS PART 8, "TUITION"
SHALL HAVE THE SAME MEANING AS QUALIFIED TUITION AND RELATED EXPENSES
UNDER THE FEDERAL "TAXPAYER RELIEF ACT OF 1997",
PUBLIC LAW 10534.";
line 22, strike "GRADUATING CLASS OF"
and substitute "CLASS SCHEDULED TO GRADUATE IN";
line 24, strike "GRADUATING CLASS"
and substitute "CLASS SPECIFIED IN SUBSECTION (1) OF
THIS SECTION".
Page 4, strike lines 1 and 2 and substitute the following:
"COMMISSION, EACH";
line 4, strike "GRADUATING";
line 6, after "SEND", insert "TIMELY";
line 12, strike "IN THE FORM OF A";
line 13, strike "TUITION CREDIT";
line 15, strike "ACADEMIC YEARS"
and substitute "COURSE CREDIT HOURS";
line 17, strike "POSTSECONDARY DEGREE."
and substitute "BACCALAUREATE DEGREE. THE GRANT SHALL
BE PRORATED ACCORDINGLY FOR ANY STUDENT ATTENDING A PARTICIPATING
INSTITUTION LESS THAN ON A FULLTIME BASIS.";
line 23, after "BOARD'S", insert
"SUBSTANTIVE";
strike line 24 and substitute the following:
"REGULATION, AS DETERMINED BY RULE OF THE COMMISSION.
(III) REAPPLY ANNUALLY BY COMPLETING THE
APPROPRIATE FORMS AND RETURNING THEM TO THE PARTICIPATING INSTITUTION.".
Page 5, line 19, strike "PROGRAMS" and
substitute "TAX CREDITS";
line 22, strike "FULL";
line 23, after the period, add "THE COMMISSION
MAY PROVIDE BY RULE A PROCEDURE WHEREBY AN ACADEMIC ACHIEVEMENT
GRANT MAY BE ADJUSTED OR CREDITED LATER IN THE ACADEMIC YEAR OR
IN A SUBSEQUENT ACADEMIC YEAR DUE TO INFORMATION RECEIVED FROM
THE STUDENT AFTER SUBMITTAL OF THE INITIAL OR RENEWAL APPLICATION.";
strike lines 24 and 25.
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee of the Whole: HB 98-1052
______________________________
On motion of Senator Wells, and with the unanimous consent of the Senate, the Lincoln Birthday remarks of Senator Tilman Bishop are printed below.
______________________________
Mr. President, Members of the Senate, and Guests:
A couple weeks ago, I was asked if I would be interested
in giving this year's
Lincoln Day address. With some trepidation I said, yes, I would
be honored to do this during my last year in the Senate. During
the past 27 years, I have had the pleasure of listening to Lincoln
Day speeches given by very accomplished and articulate speakers,
speakers such as Ted Strickland, Hugh Fowler, Harold McCormick,
and Richard Plock, to mention a few. My comments today are a combination
of some of my own thoughts and those taken from several speeches
on Abraham Lincoln given by former Senator Ted Strickland. I will
try to do justice to this privilege that has been granted to me
in paying tribute to one of our great presidents, Abraham Lincoln.
A Lincoln Day address has become tradition in both
the Colorado House and the Senate. It is an honor and privilege
to be asked to do this, not just as a member of the Republican
Party but as a United States citizen trying to express some of
the things that fully and adequately hold the President, Abraham
Lincoln, in the high esteem that we all do.
Volumes have been written about, Abraham Lincoln,
and each year at this time on the occasion of his birthday, speeches
are given all across the nation about this famous American. Probably
no other figure in American history has inspired authors to write
so many pages in a spirit of respect and reverence as has Abraham
Lincoln, and in these brief moments this morning, I will try to
recapture the spirit and the qualities from this great man's
life and attempt to inspire more noble and worthy goals that you
and I can take as we take our roles in the great traditions of
these United States for which Abraham Lincoln lived and died.
Probably the most noteworthy of all the qualities
possessed by Mr. Lincoln was that of humbleness. The humbleness
which he possessed was borne out of adversity. 189 years ago today,
in 1809, on a cold, snowy Sunday morning, Abraham Lincoln was
born in Kentucky. He entered this life in a makeshift home, with
the snow blowing through the walls and drifting across the bearskin-covered
mother on a bed made out of pine boughs and poles. Abraham Lincoln
was born into and for years lived in a more stark poverty than
even those slaves that he later in his life freed. Even as a tiny
baby, young Abe Lincoln suffered criticism of being homely. A
neighbor, when he visited Tom and Nancy Lincoln to see the newborn
baby, remarked to his wife when he returned home, "He's
the homeliest critter I have ever laid eyes on."
The adversity of an unattractive appearance and poverty in that
young life bred a humble spirit of greatness.
Part of the humility that was Abe's,
was borne out of adversity brought about by the loss of his mother
when he was 9 years old. A dying mother, reached up and touching
with loving fingers the tear-stained face of her son, and whispering
with her last breath said, "Be
somebody, Abe."
And be somebody he did.
The adversity of losing his mother whom he so deeply
loved had a profound impact on Lincoln's
life. He learned, of course, to love another lady by the name
of Anne Rutledge. However, she was engaged to one John McNeil,
but disruptions developed between McNeil and Anne, and he left
Illinois to go back east. Every day during his absence Anne would
go to the post office where young Lincoln was the Postmaster to
see if McNeil had written her a letter. Seldom did he write, and
it became obvious that McNeil had deserted his love. This gave
Abe Lincoln an opportunity to let his love for Anne Rutledge be
known. Anne took a job as a maid on a nearby farm and, in order
to be near her, Abe managed to get a job as a hired hand on that
same farm. After the day's
work was done, young Lincoln, with joy in his heart, would wipe
the dishes as Anne washed them following the evening meal. Many
years later Lincoln was to write that those times he shared with
Anne Rutledge in that kitchen were the happiest days of his life.
But Anne Rutledge became critically ill with typhoid, and during
those feverish days no one was allowed to visit her. But realizing
how critical her condition was, her doctor, Dr. Allen, permitted
Abe to visit her, and together they spent her last conscious hours.
Anne Rutledge died in 1835. Following her death Abraham Lincoln
was in such a state of uncontrollable depression that his friends
feared that he was going to take his own life. Day after day,
Lincoln would walk five miles to the Concord Cemetery where Anne
Rutledge was buried, and when the storms came, he literally wept,
saying that he could not bear to think of the rain beating down
upon her grave.
Humility brought about by adversity helped create
a humble spirit, a humble spirit that was to bless Abraham Lincoln
until the very day of his death. The sorrow and suffering of Lincoln
caused him to ever be sensitive and sympathetic to the suffering
and sorrow of others. The humble beginning and adversity caused
Abraham Lincoln to have an unusual identity with the common people.
When he was first considered as a possible candidate for the presidency,
one political wag remarked, "Lincoln has no influence. He
has no political honor. He has no money. All Abraham Lincoln has
is friends."
Would that it were, that we today would be accused of having only
friends. Until the day he died, Lincoln had an extremely close
identity with common people. It was reported that when he got
word of his election to the presidency of the United States, he
was found to be on his knees playing marbles with the young boys
in the neighborhood. Humility and serenity borne of adversity
and tragedy marked the life of Abraham Lincoln.
In spite of the failures that he had in business,
in spite of the failures he had in his first steps to become a
public official, finally, in 1834 he was elected to the
State Legislature. In order for him to be presentable when he
was sworn in the office of State Legislature in the State of Illinois,
he had to borrow the money to buy a suit.
He was re-elected in 1836, >38,
and >40.
Those successes were only temporary. He was unsuccessful in his
attempt to get elected to the Congress and to the United States
Senate. He realized that in the election of 1860 when he ran for
the office of President, he did not get one single vote in the
states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi,
North Carolina, Tennessee, or Texas. Not one, single, solitary
vote in nine states. Can you imagine how Mr. Lincoln must have
felt knowing that there was not one human being in nine states
that cast a vote for him? It may sound insignificant, but because
he was elected to the presidency history tends to dim the difficulties
even now that he had in trying to pull this nation in the proper
direction. And I mean, pull! His enemies were countless. Even
among his cabinet members, Edwin Stanton attempted to embarrass
him in public every time the two appeared together. He called
him a gawky, long-horned ape and an imbecile. Yet, recognizing
the contributions that that enemy had, he appointed him to the
position of Secretary of State. At one point, when Lincoln had
sent his message to one of his generals to relocate some troops,
Secretary Stanton went to the general and said that Lincoln was
a damn fool and they were not going to move those troops. Obviously,
you can imagine the glee with which the general approached the
President to tell him that his own Secretary of State had called
him a damn fool; whereupon Lincoln said, "Well,
if Sam said it, it must be true, because he's
nearly always right."
During the times of the disappointing battles during the Civil
War, when countless generals, in their ineptitude, were losing
battle after battle, he went to see General McClellan. General
McClellan kept the President of the United States waiting outside
his tent for some one-and-one-half hours. One of Lincoln's
aides came to him and said, "You
should be incensed that the General would treat you like that."
Whereupon Lincoln replied, "I'd
be delighted to hold McClellan's
hat if it would win some battles."
The second inauguration of Abraham Lincoln in 1865
was held on the east steps of our nation's
capitol. He did not expect a warm reception because his enemies
were many. As he stepped out of the capitol building for the ceremony,
there arose a great ovation which greatly surprised him. Then
followed these words, remarked out of sincere humility, "With
malice toward none, with charity for all, with firmness in the
right as God gives us to see the right, let us strive to finish
the work we are in; to bind up the nation's
wounds; to care for him who shall have borne the battle, and for
his widow and his orphan to do all which may achieve and cherish
a just and lasting peace among ourselves and for all nations.@
Possessed of a humility found in few men, Lincoln
once said, "I
have been driven to my knees by the overwhelming conviction that
I had nowhere else to go."
The man from Illinois allowed the lesson of sorrow to make him
sensitive to and understanding of people. Mr. Lincoln had an undaunted
faith in the common man. The power of his life cannot be understood
without understanding the complete confidence he had in the power
of ordinary men to make a better world.
The legacy of Abraham Lincoln left to all mankind
needs to be reasserted here today. In this year, 1998, let each
of us here today, you and I, rekindle in our hearts for display
to every human soul the qualities of humility, sincerity, oneness,
openness, love of fellow man, and a genuine confidence in ordinary
people to make for future generations a better world. For you
and I are ordinary men and women. Let us strive to be like the
man who now finds himself walking among the immortals, for he
was an ordinary man who now belongs to the ages. Let you and I
today, on this observation of the 189th birthday of President
Abraham Lincoln, reach and take for ourselves the qualities that
made him, indeed, a man for all ages.
Happy birthday, Abraham Lincoln!
______________________________
COMMITTEE OF REFERENCE REPORTS
Business After consideration on the merits, the committee recommends that SB 98-171 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 2, strike lines 2 through
11.
Strike pages 3 and 4.
SB 98-171
(Cont.)
Page 5, strike lines 1 through 23.
Renumber succeeding sections accordingly.
Page 6, strike lines 16 through 18 and substitute
the following:
"(e) To negotiate
with PROVIDE the counties within
the district and with
the city and county of Denver and
enter into an agreement to provide such counties and the city
and county of Denver with a benefit
from A PORTION OF the".
Page 8, strike lines 15 through 19 and substitute
the following:
"(a) To decide
at which general election or election held on the first Tuesday
of November in an oddnumbered year
SUBMIT the question specified in section 3215107 (1)
shall be submitted
to the registered electors within the geographical boundaries
of the district AT THE 1998 GENERAL ELECTION;".
Page 9, strike lines 14 and 15 and substitute the
following:
"of the district, at a
THE 1998 general election, or an election
held on the first Tuesday in November of an oddnumbered
year".
Page 10, line 4, strike "one hundred eighty"
and substitute "one hundred eighty
TWO HUNDRED SIXTYFIVE".
Page 13, strike lines 10 through 19 and substitute
the following:
"ninety days before the 1998 general election.
or the election held on the first
Tuesday of November in an oddnumbered year, whichever is
applicable, at which it shall be voted upon. Regardless of when
the petition is filed, nothing in this subsection (3) shall be
construed to limit the ability of the board to decide at which
election the question shall be submitted to the registered electors.
Any petition shall be valid only for the next
occurring 1998 general election.
and the next occurring election held
on the first Tuesday of November in oddnumbered years regardless
of which election occurs first. Notice
of any question to be submitted to the registered electors within
the geographical boundaries of the district after verification
of the signatures on any petition filed with the secretary of
state and at which election such question shall be submitted shall
be filed by the board in the office of the secretary of state
prior to fiftyfive days before such election.".
Page 14, line 2, strike "a" and substitute
"a
THE 1998";
strike lines 3 and 4 and substitute the following:
"or at an election
held on the first Tuesday in November of an oddnumbered
year, the question of whether;
strike lines 7 and 8 and substitute the following:
"(6) Prior to any
THE general election or election held
in November of an oddnumbered year
at which any";
after line 18, insert the following:
"SECTION 3. 3215113
(1), Colorado Revised Statutes, is amended to read:
3215113. Issuance of special
obligation bonds. (1) Upon
the approval of the registered electors pursuant to the provisions
of section 3215107, the district may borrow money
in anticipation of the revenues generated from the operation of
a stadium and sales tax revenues of the district and may issue
special obligation bonds in the maximum amount of one
hundred eighty TWO HUNDRED SIXTYFIVE
million dollars to evidence the amount so borrowed.".
Renumber succeeding sections accordingly.
Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration
Natural and has had a hearing on the following appointments and recommends that the
Resources appointments be confirmed:
and Energy
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
for a term expiring July 1, 2001:
August Bruce Johnson of Greeley, Colorado, to serve
as a member from the Fourth Congressional District, a Republican
with experience in agriculture and not employed by the oil and
gas industry, reappointed;
for a term expiring July 1, 1999:
Stephen A. Sonnenberg of Lakewood, Colorado, to serve
as a member with a college degree in geological engineering and
experience in the oil and gas industry, from the Sixth Congressional
District, as a Republican and to fill a vacancy occasioned by
the resignation of Logan MacMillan;
for a term expiring July 1, 1998:
Molly L. Sommerville of Denver, Colorado, to serve
as a member with experience in the oil and gas industry, from
the First Congressional District, as a Democrat and to fill a
vacancy occasioned by the resignation of Marla J. Williams.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, February 12, was laid over until Friday, February 13, retaining its place on the calendar.
______________________________
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Friday,
February 13, 1998.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate