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SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

37th Legislative Day Thursday, February 12, 1998


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