Untitled

SENATE JOURNAL

Sixty-first General Assembly

STATE OF COLORADO

Second Regular Session

1st Legislative Day Wednesday, January 7, 1998

Call to By the President at 10:00 a.m.

Order

Prayer By the chaplain, Rabbi Stanley M. Wagner.

Roll Call The roll was called with the following result:

Present: Alexander, Ament, Arnold, Bishop, Blickensderfer, Chlouber, Coffman, Congrove, Dennis, Duke, Feeley, Hernandez, Hopper, Johnson, Linkhart, Martinez, Matsunaka, Mutzebaugh, Norton, Pascoe, Perlmutter, Phillips, Powers, Reeves, Rizzuto, Rupert, Schroeder, Tanner, Tebedo, Thiebaut, Weddig, Wells, Wham--Total, 33.

Absent/Excused--Lacy, Wattenberg--Total, 2.

Present later--Lacy

Quorum The President announced a quorum present.

Election of On motion of Senator Wells, Joan M. Albi was elected to serve as Secretary of the Senate Secretary during the Second Regular Session of the Sixty-first General Assembly.

Oath of The President administered the oath of office to Joan M. Albi as Secretary of the Senate.

Office

Temporary On motion of Senator Wells, and with the unanimous consent of the Senate, the Rules of Rules the First Regular Session of the Sixty-first General Assembly were made the Temporary Rules of the Second Regular Session of the Sixty-first General Assembly.

______________________________

On motion of Senator Wells, and with the unanimous consent of the Senate, the President appointed Senators Ament, Hopper and Rizzuto as members of the committee to notify the House that the Senate was organized and ready for business.

______________________________

INTRODUCTION AND CONSIDERATION OF RESOLUTION

SJR 98-1 by Senators Wells, Norton, and Feeley; also Representatives Anderson, C. Berry, and Snyder--Appointing a joint committee to notify the governor that the second regular session of the sixty-first general assembly is now organized and ready for the transaction of business.

Be It Resolved by the Senate of the Sixty-first General Assembly of the State of Colorado, the House of Representatives concurring herein:

That a joint committee, consisting of two members of the Senate and three members of the House of Representatives, be appointed by the President of the Senate and the Speaker of the House of Representatives, respectively, to notify His Excellency, Governor Roy Romer, that the Second Regular Session of the Sixty-first General Assembly of the State of Colorado is now organized and ready for the transaction of business.

Senator Wells moved to suspend Senate Rule 30(b).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(b) was suspended and Immediate Consideration granted.

On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:

SJR 98-1

(Cont.)

YES 34

NO 0

EXCUSED 1

ABSENT 0

Alexander
Y
Duke
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Feeley
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Hopper
Y
Phillips
Y
Wattenberg
E

Blickensderfer
Y
Johnson
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lacy
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

The President appointed Senators Bishop and Schroeder to serve on the committee to notify the Governor pursuant to SJR 98-1.

______________________________

A committee composed of Representatives Grampsas, Owen and Romero reported to the Senate that the House was organized and ready for business.

______________________________

INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

SJR 98-2 by Senators Wells, Norton, and Feeley; also Representatives Kreutz, June, and Lamborn--Concerning employee grades and steps for the second regular session of the sixty-first general assembly.

Be It Resolved by the Senate of the Sixty-First General Assembly of the State of Colorado, the House of Representatives concurring herein:

That pursuant to the provision of section 22305, Colorado Revised Statutes, the following positions are hereby created for the Second Regular Session of the Sixty-First General Assembly, the monthly compensation to be paid to the persons elected or appointed to each position to be the amount set opposite the position:

OF THE SENATE

1Secretary of the Senate Director Step V

1Assistant Secretary of the Senate/

Journal Clerk Grade 105 Step 5

1Calendar Clerk Grade 78 Step 6

1Front Desk Clerk Grade 78 Step 3

1Reading Clerk Grade 67 Step 1

1Amendment Clerk Grade 78 Step 1

1Finance Clerk Grade 83 Step 6a

1Chief Sergeant-at-Arms Grade 78 Step 6a

1Assistant Sergeant-at-Arms Grade 61 Step 7

1Assistant Sergeant-at-Arms Grade 61 Step 2

1Assistant Sergeant-at-Arms Grade 61 Step 1

1Assistant Sergeant-at-Arms Grade 61 Step 2a

1Chief Enrolling Clerk Grade 78 Step 3

1Assistant Enrolling Clerk Grade 67 Step 2

1Assistant Enrolling Clerk Grade 67 Step 1

1Information Clerk Grade 61 Step 1

1Bill Clerk Grade 61 Step 1

1Secretary to the President Grade 92 Step 7

1Secretary to the Majority Leader Grade 85 Step 7a

1Secretary to the Minority Leader Grade 79 Step 2a

1Majority Media Relations Grade 83 Step 4

1Majority Media Relations Grade 81 Step 1

1Minority Administrative Assistant Grade 83 Step 6

1Minority Media Relations Grade 83 Step 3a

1Chief Legislative Secretary, Majority Grade 79 Step 7a

1Chief Legislative Secretary, Minority Grade 79 Step 3

1Legislative Secretary Grade 67 Step 1

1Legislative Secretary Grade 67 Step 2

1Legislative Secretary Grade 67 Step 1

1Telephone Receptionist, Minority Grade 66 Step 1a

1Telephone Receptionist, Majority Grade 66 Step 5

1Receptionist President's Office Grade 66 Step 1

1Chief Assignable Clerk Grade 67 Step 4

2Assignable Clerks Grade 61 Step 1

1Visitors' Aide Grade 61 Step 1

OF THE HOUSE

1 Chief Clerk Director Step 4

1 Assistant Chief Clerk/Docket Clerk Grade 105 Step 3a

1 Accounting Technician Grade 83 Step 7a

1 Amendment Clerk Grade 78 Step 1

1 Reading Clerk Grade 78 Step 2

1 Historian Grade 78 Step 1a

1 Journal Clerk Grade 78 Step 6

1 Front Desk Clerk Grade 78 Step 1a

1 Chief Sergeant-at-Arms Grade 78 Step 2

1 Assistant Sergeant-at-Arms Grade 61 Step 1

3 Assistant Sergeants-at-Arms Grade 61 Step 1a

1 Chief Enrolling Clerk Grade 78 Step 2

1 Assistant Enrolling Clerk Grade 67 Step 1

1 Assistant Enrolling Clerk Grade 67 Step 2

1 Supervisor of Information/Bill Room Grade 67 Step 4

1 Information Clerk Grade 61 Step 5a

1 Bill Room Clerk Grade 61 Step 1

1 Secretary to the Speaker Grade 92 Step 5

1 Secretary to the Majority Leader Grade 80 Step 5

1 Secretary to the Minority Leader Grade 80 Step 1a

1 Majority Caucus Secretary Grade 67 Step 2

1 Minority Caucus Secretary Grade 67 Step 2

1 Chief Legislative Secretary Grade 80 Step 1a

1 Legislative Secretary Grade 67 Step 7a

1 Legislative Secretary Grade 67 Step 4

1 Legislative Secretary Grade 67 Step 3a

1 Legislative Secretary Grade 67 Step 3

2 Legislative Secretaries Grade 67 Step 1

2 Telephone Receptionists Grade 61 Step 1

1 Chief Assignable Clerk Grade 67 Step 7a

1 Assignable Clerk Grade 61 Step 7a

1 Assignable Clerk Grade 61 Step 3

1 Assignable Clerk Grade 61 Step 1a

3 Assignable Clerks Grade 61 Step 1

1 Visitors' Aide Grade 61 Step 3a

1 Visitors' Aide Grade 61 Step 1

1 Majority House Communications Grade 83 Step 1

1 Majority House Communications Grade 79 Step 1a

1 Minority House Communications Grade 83 Step 1a

1 Minority House Communications (PTE) Grade 83 Step 4

1 Chaplain $25.00 per day

Senator Wells moved to suspend Senate Rule 30(b).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(b) was suspended and Immediate Consideration granted.

On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:

YES 34

NO 0

EXCUSED 1

ABSENT 0

Alexander
Y
Duke
Y
Mutzebaugh
YE
Tanner
Y

Ament
Y
Feeley
Y
Pascoe
Y
Tebedo
Y

Arnold
Y
Hernandez
Y
Perlmutter
Y
Thiebaut
Y

Bishop
YY
Hopper
Y
Phillips
Y
Wattenberg
E

Blickensderfer
Y
Johnson
Y
Powers
Y
Weddig
Y

Chlouber
Y
Lacy
Y
Reeves
Y
Wells
Y

Coffman
Y
Linkhart
Y
Rizzuto
Y
Wham
Y

Congrove
Y
Martinez
Y
Rupert
Y
Mr. President
Y

Dennis
Y
Matsunaka
Y
Schroeder
Y

SR 98-1 by Senators Wells, Norton, and Feeley--Concerning senate employees names and positions.

Be It Resolved by the Senate of the Sixty-First General Assembly of the State of Colorado:

That the following named persons be appointed as officers and employees of the Senate of the Sixty-First General Assembly convened in Second Regular Session, to the positions set opposite their respective names:

Secretary of the Senate Joan M. Albi

Assistant Secretary/Journal Clerk Patricia K. Dicks

Calendar Clerk Bonnie S. Streeter

Front Desk Clerk Mary E. Marchun

Reading Clerk Timothy Schulze

Amendment Clerk

Finance Clerk Ingrid H. Willis

Chief SergeantatArms Benjamin Caywood

Assistant SergeantatArms George D. Hedricks

Assistant SergeantatArms Garcy E. Vasquez

Assistant SergeantatArms John Helper

Assistant SergeantatArms Harold Jackson

Chief Enrolling Clerk Shirley S. Fowler

Asst. Enrolling Clerk. Mary K. Jones

Asst. Enrolling Clerk

Information Clerk Joseph Cipolla

Bill Clerk Aaron Houston

Secretary to the President Georgette A. Aberle

Secretary to Majority Leader Mickey Pearce

Secretary to Minority Leader Danielle Radovich

Majority Media Relations Jennifer L. Dice

Majority Media Relations

Minority Media Relations Tanya A. Kelly

Minority Administrative Assistant Mark Soltes

Chief Legislative Secretary Miriam Frey

Chief Legislative Secretary Martina McCray

Legislative Secretary Clorinda Lovata

Legislative Secretary Angeline Melland

Legislative Secretary Gerald D. Garland

Legislative Secretary Theresa Handboy

Telephone Receptionist Kerri Schnase

Telephone Receptionist Donna Cooley

Receptionist President's Office Elizabeth Ely

Chief Assignable Clerk Royda Kimball

Assignable Clerk David Votava

Assignable Clerk Kate Fowler

Visitors' Aide Martha Groebe

Visitors' Aide R. Brett Conder

Senator Wells moved to suspend Senate Rule 30(c).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(c) was suspended and Immediate Consideration granted.

Employees appearing on SR 98-1 (except the Secretary of the Senate) were sworn in by the President.

SR 98-2 by Senators Wells, Norton, and Feeley--Concerning compensation of employees for pre-session work.

Be It Resolved by the Senate of the Sixty-First General Assembly of the State of Colorado:

That the following named employees, who assisted in the preparation of the opening of the Second Regular Session of the Sixty-first General Assembly be compensated as follows for such presession work:

R. Brett Conder 2 hours at Grade 61 Step 1

N. Elizabeth Ely 2 days at Grade 66 Step 1

Kate Fowler 2 days at Grade 61 Step 1

Theresa Handboy 2 days at Grade 67 Step 1

Aaron Houston 2 days at Grade 61 Step 1

Harold Jackson 2 hours at Grade 61 Step 2a

Mary Jones 4 days, 4 hours at Grade 67 Step 2

Clorinda Lovata 2 hours at Grade 67 Step 1

Angeline Melland 2 hours at Grade 67 Step 1

Timothy Schulze 1 day, 2 hours at Grade 67 Step 1

Senator Wells moved to suspend Senate Rule 30(c).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(c) was suspended and Immediate Consideration granted.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

January 7, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1001, as printed in House Journal, January 7, 1998.

INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

HJR 98-1001 by Representatives Anderson, C. Berry, and Snyder; also Senators Wells, Norton, and Feeley--Concerning a joint session of the House of Representatives and the Senate, for the purpose of hearing a message from his excellency, Governor Roy Romer, and appointing a committee to escort the governor.

Be It Resolved by the House of Representatives of the Sixty-first General Assembly of the State of Colorado, the Senate concurring herein:

HJR 98-1001

(Cont.)

That a Joint Session of the House of Representatives and the Senate of the Second Regular Session of the Sixty-first General Assembly shall be held in the House Chambers at 11:00 a.m., on January 8, 1998, for the purpose of hearing a message from His Excellency, Governor Roy Romer, and that a committee of three members of the House of Representatives and two members of the Senate be appointed by the Speaker of the House and the President of the Senate, respectively, to escort the Governor to the Joint Session.

Senator Wells moved to suspend Senate Rule 30(e).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(e) was suspended and Immediate Consideration granted.

The President appointed Senators Mutzebaugh and Johnson to serve on the committee to escort the Governor pursuant to HJR 98-1001.

______________________________

Senators Ament, Hopper and Rizzuto announced that the House had been informed that the Senate is organized and ready for business.

______________________________

Senators Bishop and Schroeder announced that the Governor had been informed that the Senate is organized and ready for business.

______________________________

On motion of Senator Wells, and with the unanimous consent of those elected to the Senate, the Senate stood in recess to hear the Opening Day remarks of Senate President Tom Norton and Senate Minority Leader Mike Feeley. The text of Senator Norton's and Senator Feeley's Opening Day remarks are printed below.

______________________________

Good morning. I'd like to take this opportunity to welcome back my colleagues in the Senate, and our guests in the gallery to the second session of the 61st General Assembly.

Welcome to democracy at work.

I also want to recognize those individuals who work so hard for us not only during the session, but throughout the entire year, that's our legislative staff. To you I say, thank you for the work that you do, and want to express to you, on behalf of all the Senators, Republican and Democrat, our appreciation for your efforts.

It's a good time to live in Colorado. Our economy continues to flourish, unemployment is down, around 3.5 percent; personal income is up 6.5 percent; our businesses are making profits; and Colorado is still the most beautiful place in the country to live.

From the richness of our agricultural communities, to the beauty and history of our mountain towns, people throughout the world are looking to Colorado as the place to be in the 21st century.

We've worked hard to get where we are, and we can be proud of our efforts. It reminds me of an old Chinese proverb, "When there is no food on the table you have one problem. When there is food on the table, you have lots of problems."

Colorado has plenty of good, but we also have the problems associated with these good economic times and the rapid growth that's occurring at the same time.

Along with the privilege of living and working in this state, comes the responsibility of maintaining our quality of life for generations to come. Our legacy as legislators and community leaders, must not be one that has our children remembering the good old days, but one that empowers them to achieve even greater things in their own lifetimes--whatever the challenges might be.

Today marks the beginning of a new legislative session, and along with it comes the tremendous opportunity and enormous responsibility to set a course for Colorado that takes us into the next millennium.

Once again, the people's business is our charge. With the banging of the gavel, we begin speaking not only for ourselves, but for the individuals and families that make up the communities we represent. We must engage in a thoughtful and meaningful discourse that results in legislation that enables our constituents to pursue their American dream.

Legislation in the next 120 days must include: a remedy for our state's transportation crisis, an innovative and accountable plan to improve our kids' education, and the start to an overhaul of our tax structure that enables people to keep more of what they earn while still delivering the basic services they expect from their state government.

As we work to maintain our quality of life, and the economic successes of the state, we must address our transportation needs. We can't prepare for the future, when we're already at least five years behind in our current needs.

My commute from Greeley to Denver has become a nightmare of congestion and crumbling roads.

We must have an integrated transportation plan that moves people and goods in all geographic regions of the state. The quickest way to bring our economy to its knees, is to ignore the transportation crisis.

Just think, since 1990 Colorado has grown by nearly 500,000 people-- that's 452,000 new cars driving on Colorado roads.

When you do the math and you all know that as an engineer, I do the math, we need 2,100 lane miles just to be at the same saturation that we had in 1990. But we've built only 300 lane miles. The funds needed just to get back to 1990 are around $3.6 billion.

We simply need more capacity, especially through the I-70 and I-25 corridors. The road ragers yell that if the car in front of them would just move over to the right lane, then everything would be fine. Well, the fact is, that if every car moved into the right lane, we'd have a line that stretched from Colorado Springs to Fort Collins and from Watkins to Vail. A line that wasn't moving!

We need an integrated statewide plan.

Many of the projects we see today are individual answers to local problems and are not coordinated with long-term, statewide solutions. Light rail and other mass transit may very well be part of the solution, but improved surface transportation needs to be our highest priority right now. We can't offer a mass transit program that we say we all like, but hope that someone else will use. The lesson of the last election is that voters are smart enough to know whether the plans we offer are plans that can really work.

Our transportation plan should also include affordable and reliable air service, especially from the Western Slope to the Front Range. The economic development of the western slope and Colorado's rural communities will be jeopardized if we can't rely on new and improved air service.

This plan must be statewide and cannot leave anyone out geographically. Working together, we can make this the "Transportation Session."

Building a first class transportation system will be a great step forward, but we'll stumble if our new drivers can't read the road signs.

A good education system is the basis for Colorado's future. We must equip students with the skills they need to compete in the 21st century. We must continue to enact reforms that reward results in the classroom.

To accomplish our educational goals, we need to do two basic things. First, we must honestly measure the ability of our kids by applying reliable and accurate standards and assessments. Second, we owe it to our kids to give them facilities that are adequate to meet the challenge.

Coloradans got a loud and clear wake-up call when our kids' test scores came back last year.

We need to recognize the actual level of achievement and capabilities of our students. I believe that the standards and assessments that are in place are a positive step forward, but we must build upon them. Let's use these diagnostic tools to improve our curriculums and teaching practices.

Local school districts, boards of education, teachers and parents must evaluate their results, and develop teaching methods that will enable students to achieve more. Where innovation in the classroom is the solution -- let's innovate. And where returning to the basic principles that you and I learned, is the right direction -- let's return.

When I was growing up, my mom was on the local school board, and was active in every part of my education. She even signed my high school diploma. Now that's parental involvement.

Whether it's through charter schools, traditional public schools, vouchers or private schools -- and I support a combination of all them -- we need to get parents back in the education loop, and we need to make the education of our kids our highest priority.

Most importantly, let's be accountable for where we are -- and move forward from here.

We must be true to ourselves, and to our kids, when we talk about standards. We can't substitute, even in the slightest way, terms like "partially proficient" when what we really mean is that the student can't read properly. Let's not let the political correctness of the hour, overshadow the importance of the information from these test results.

World class standards can't just apply when measuring our curriculum, we need to apply those standards to our facilities as well.

Remember, we have 200,000 new families and 65,000 new K-12 students in Colorado in the last five years. Doing the math again, that means we need 10 million square feet of new classrooms, locker rooms, music rooms and lunchrooms. In the last five years, we've built only a portion that, and we have a tax structure that will not allow some local districts to build the needed space. The legacy we leave as legislators must be better than this.

To catch up with our growth, Colorado's school districts need over $1 billion in new construction. Don't we owe it to our kids, to empower school districts to build for the future?

Right now, all of that money must come from property taxes. I'm afraid that we won't catch up, or be prepared for the future, if we don't develop a way to balance property taxes with other sources of income that better reflects the community's economic condition.

None of what we do to improve opportunities for young and old Coloradans alike will matter if people are afraid to leave their homes, afraid to play in our parks and afraid to walk home from the community center after dark. We've seen too many tragedies in our metro communities, on the campuses of our universities, and even in the rural areas of Colorado where violent crime "isn't supposed to happen."

In the last five years, our adult prison population has increased by 3,800 prisoners and the juvenile prison population added 670 kids.

We will fund the final phase of our five-year prison plan during this session, and that's a good accomplishment, but the future is no brighter than the past. Police tell us that the number of adults expected to go to jail will increase over the next five years, at the same rate it has in the last five.

That's bad, but more troubling to me, is the projection that juvenile crime will increase at twice the rate it has in the past.

My local paper reported this last weekend that the crime of murder by juveniles is at a rate six times that of adults. As my local district attorney said, "This is unacceptable. Kids have to know that punishment will be swift and firm."

The challenge to us? We need about one million square feet of new prison space -- most of which has not yet been funded.

We also need to change the moral tone and values of our society so that the level of crime goes down in the future. We must return to safer, more friendly communities. When building a prison is a community's primary source of economic development, we're headed in the wrong direction.

When I was very young, I went on a hunting trip with my dad in the Red Feathers Lake area north of Fort Collins. I got lost in those mountains overnight, and was very scared. The next morning, I worked my way back towards camp but only close enough to see the hunting camp and the small log church where the searchers were gathering to look for me. A stream too wide to jump, and too swift to wade separated me from camp. I was stopped. I yelled and yelled, but nobody could hear me. Then a horseman rode up behind me, leaned over in his saddle, picked me up and we rode into camp.

Back then, I didn't fear the stranger that offered to help me. It never crossed my mind that his intent could have been anything but noble. No doubt, today's world is a much different place.

But we need to work within our communities, with our police departments, our schools, our churches, our service clubs -- in a way that makes our families feel safe in their homes again. We need to return to the community values that you and I grew up with.

The old proverb does apply to us today. There really is food on Colorado's table. Times for most of us are pretty good.

Still, like most Coloradans, I am anxious about our future. No, I'm really concerned about the future.

The progress we've made has been remarkable, but the challenges that lie ahead will require serious and effective leadership, in the Legislature, the executive branch, in our local communities and in our own families.

Let us commit ourselves this morning to do the work of the Senate in an efficient and effective manner during the next 120 days.

All of the concepts I've outlined can be achieved during this session. But our obligation to future generations requires us to address our statewide tax policy. It's the umbrella under which everything else can be accomplished. If we ignore it, we're gonna get wet.

The only successful tax proposal will be the one that brings Coloradans together behind united goals: better roads, better schools, a strong criminal justice system and low taxes that will continue to stimulate a strong economy.

We need to tax fairer and smarter, not more often.

No one of us will be able to pass our own personal plan. Forward-thinking tax policy must include the input and ideas of each and every legislator in the building. Then, with a united front, we will get the other vote we need from downstairs.

Still, let's start this tax reform process by being accountable for where we are today. Let's be accountable for transportation. Let's be accountable for education. Let's be accountable for public safety. Let's be accountable for the people's money.

There are several of us in this room who will be seeking to earn the people's confidence in other areas of government this year. And so often in politics, and in this building, we busy ourselves with political work, which sometimes leads to irrelevant and partisan political debate. We must remember that working together, from both sides of the aisle, and in both houses, is the only way we'll be able to accomplish the important tasks the people of our districts sent us here to address.

We have a responsibility and moral obligation to set our campaign agendas aside. If you're supporting or opposing bills because of who the sponsor is or who the sponsor is supporting, then stop, take a step back and evaluate your actions. Ask yourself whether your actions are in your constituents best interests, or if you've slipped into the political pothole of election politics.

We're here to the do the work of the people, not the work of the political campaigns.

This is my twelfth year to serve in the Legislature, and like eight of you on the floor, this is my last year. When I first became involved in politics, it was because I felt, that I couldn't complain about what bothered me unless I was willing to get involved and help solve the problems that were facing the state.

Today, we can see the end of our service in this body just ahead.

Remember when the eight of you ran for office the first time? We each made certain promises to our constituents. We each made certain promises to ourselves about what we would accomplish if the voters would just entrust us with the stewardship of their state.

Don Ament: Wanting to represent a rural lifestyle; preserving natural resources and bringing Colorado water policy into the 21st century.

Tillie Bishop: He's been here longer than any of us and probably can't remember all the good that he's done. The overriding theme I bet is that there are no second cousins in Colorado. The Western Slope, though different in many ways, is the real Colorado.

Sally Hopper: Who represents the metropolis to the ski areas, her goal has had to be: I will never let you forget the very young and very old.

Joan Johnson: Red neck Democrats are as good as Republicans, fair is fair and politics are politics, but I will take fair any day.

Dick Mutzebaugh: Let's make sure all sides are heard, then reduce government involvement to its absolute minimum.

Jim Rizzuto: Just balance the budget. Make the programs that work, work right, and please let me cut just one more program before I leave.

Bill Schroeder: Can there be a cooperative relationship between state and local governments and can there be an annexation policy that works for all his constituents, both business and residential?

Jeff Wells: A fairer school funding system for K-12 and equity for students in higher education. And don't pull any legal fast stuff on the way to solving any legislative problem.

Well, in less than 2,880 hours, we need to accomplish those things we promised our supporters and ourselves that we'd do.

What legacy will we leave for those who come in to fill our spots?

Will you leave this body with unfinished business, or will you leave standing proud of the positive change you've helped create?

We stand at the threshold of a new century. It is my sincere hope and dream that the legacy we leave has a bright, prosperous future ahead for our children and grandchildren. An efficient, cost-effective, responsive government, that is not hindering the progress of our people, but is empowering them to accomplish what they believe is their American dream -- their Colorado dream.

Thank you, for your continued dedication to our American process of governing.

Good luck, and best wishes for a positive, productive session.

______________________________

Opening Day remarks of Senate Minority Leader Mike Feeley

This is the fourth year I have had the honor to speak before the Senate at the beginning of a legislative session. When I prepare for this privilege each year, I give a great deal of thought about the issues we will face, my responsibility as the minority leader, the concerns of my caucus and the best interests of the citizens of Colorado.

But this year is different. Each time I put pen to paper, I began to think about what I believe is the overriding influence of this year's legislative session - term limits. Today nine members begin their last legislative session. Ten more will face this two years from now. The nine who leave this year, were members of this body when I arrived six years ago. Over that time, we've had discussions, we've had disagreements; but two things are clear to me. First, I am fortunate to count each one of you as a colleague and as a friend; second that this body will suffer, maybe just a little, maybe quite a bit, but suffer when the intelligence, experience, and integrity you brought to the Colorado Senate is no longer here.

And in light of that I thought I'd take a different approach this year. I thought about giving a campaign speech - but we'll probably hear plenty of those during the next few months. Instead, I thought I would briefly talk about our fortunate role and responsibility we share as members of the Colorado Senate and I hope to discuss the possibility that collectively, we can achieve so much this year.

Like all of you, I have tried to be a student of the process. While I may not always have been pleased with the final decision we may have reached (that is the nature of being in the minority), I have always been impressed with the process by which we arrive at those decisions.

We have all heard the dire predictions of a political and unproductive session. It seems that those with only a passing familiarity of how the work is accomplished within the Colorado State Senate overlook the moderation, the compromise and the hard work that produces a balanced budget every year and that reaches general consensus on the major issues affecting the daily lives of Colorado citizens. I sometimes am terribly disappointed when I recognize that the perception of how we work is far from the reality. I honestly feel we carry baggage from other levels of government and are painted with the broad brush of dissatisfaction and the alienation people feel.

However, we do have the opportunity to change that perception and although we will certainly have our disagreements and fights, I think it is incumbent upon all of us in this legislative session to be as productive and responsible as we know that we can be and to insure that all citizens throughout Colorado are well served.

To accomplish this I think one thing is necessary - that we exhibit the courage to do what is right, not just political. All of us have seen on occasion that type of political courage exercised right here at this microphone. We all know members among us who have withstood incredible pressure and followed their conscience and their good sense - and did what was right.

In Colorado we have a legacy of political courage upon which to build. I am sure that all of you have seen the small plaque on the first floor dedicated to Governor Ralph Carr. Governor Carr was a conservative Republican who served for four years beginning in 1939 immediately after four-successive Democratic administrations. There is no question that he was one of the most courageous, independent governors ever to be elected. Within the first half hour of his first term, Governor Carr proposed a plan for a balanced budget by transferring taxes earmarked for public schools to the state's general fund. This was a terribly difficult and unpopular decision. But in 1939, it saved this state from imminent bankruptcy. He had the courage to do what, at the time, was right.

But we remember Ralph Carr more for his courage when, as a man who understood the fundamental nature of American freedom, he refused to give in to the hysteria and bigotry directed against the Japanese-Americans during World War II. He knew that in America, racism, bigotry and hatred are unacceptable in any circumstance. He was one of the few voices of reason who continued to treat Japanese-Americans with respect and sought to protect their American citizenship. He ultimately sacrificed his political career to bravely confront the dark side of human nature. He understood the rights insured by our constitution and said, "If you harm them you must harm me. I was brought up in a small town where I knew the shame and dishonor of race hatred. I grew to despise it because it threatened the happiness of you and you and you." We should never forget Governor Carr.

There is another gentleman from Colorado that many of you have heard of, maybe some of you haven't. His name is Billy Adams. He was from Alamosa. Billy Adams was first elected to public office as county commissioner in Conejos County in 1882. Four years later he was elected as a representative from Alamosa, after one term in the House he was elected to the State Senate where he served, in this chamber, for 38 years. Billy Adams was a Democrat and almost all of his long tenure he served as a member of the minority party.

When he came to the legislature, he brought with him a wealth of knowledge of the state and its history that astounded other legislators. He read every bill introduced, fought for simplicity in laws and carried on an unending fight against purely political legislation. Seldom, if ever, was his voice raised in debate or dispute. Some of his opponents criticized him as saying nothing and doing nothing but he knew a critical rule of legislative life in that many things are better unsaid and many things are better not done.

The pinnacle of his legislative career came when the Ku Klux Klan came to dominate the Republican Party and swept to power in the 1924 election. The Klan supported Clarence Morely for the governorship. Only two Democratic candidates for state office, both endorsed by the Klan, survived the Republican landslide.

In the 1925 legislative session, 1,080 bills were introduced, many Apatriotic measures@ promoting the Klan philosophy. But in the end the Klan and their followers failed; they failed in their attempts to understand and manipulate the legislative process. While in the House they managed to secure passage of some bills only by allying themselves with non-Klansmen, in the Senate under the leadership of Billy Adams they failed miserably. Nine holdover Republicans who owed nothing to the Klan courageously refused to go along with the Klan supported Governor. No administration promises, conferences or threats could budge them. The Klan employed punitive measures and incredible pressure against those rebels. Senators who failed to toe the line were ostracized in the Capitol and on the street. Every morning a copy of the unofficial KKK newspaper was laid on legislators' desk. It prominently displayed their "Roll of Dishonor," listing legislators who voted against the Klan's Apatriotic measures@.

When the legislature adjourned on April 15, 1925, 85% of the Klan bills had gone nowhere. Only two Klan endorsed measures became state law. Schools were required to fly the American flag and the ownership and operation of a still became a felony. There was only one thing the Klan could do and that was take out their petty revenge on those who had defeated them.

As for the minority leader Billy Adams, who with courageous Republican senators so effectively blocked consideration on much of their bills, the Klansmen used their influence to kill an appropriation bill and cut off funding for Adams State Teacher's College in Alamosa. They were successful, but Billy Adams wouldn't surrender to their terms under any conditions. He went back home to the San Luis Valley and the residents of Alamosa and the San Luis Valley put up their own money and made voluntarily contributions. They kept the school open despite the Klan's best efforts.

In 1926, when the voters in Colorado saw what bigotry and hatred was in power, they threw the Klan out at the polls. Billy Adams was elected governor and served three terms.

Governor Adams served in public office for a full half century. His integrity never wavered and his courage never flagged and in fifty years, he never lost an election.

Those of us who have had the unique privilege of serving in this body inherit a tremendous legacy of political courage. This year we can prove the pundits and the cynics wrong. Ralph Carr and Billy Adams were heroes. This year we can rise above any pettiness or mean politics. We too can be heroes.

We can do what is right - what we know in our hearts to be right. Colorado citizens expect that of us and Colorado deserves no less.

To the nine senators who are leaving, your final session can be your finest session. I wish you the best and I offer my sincere blessing. To all of us, for Colorado, I wish us good work and good fortune.

______________________________

MESSAGE FROM THE HOUSE

January 7, 1998

Mr. President:

The House has adopted and returns herewith SJR98-1. Pursuant to the Resolution, the Speaker appointed Representatives Faatz, chairman, Tucker and Dyer.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

January 7, 1998

Mr. President:

The House has adopted and transmits herewith HJR98-1002, as printed in House Journal, January 7, 1998.

INTRODUCTION AND CONSIDERATION OF RESOLUTION

HJR 98-1002 by Representatives Anderson, C. Berry, and Snyder; also Senators Wells, Norton, and Feeley--Concerning the procedure for handling bills on introduction deadlines.

Be It Resolved by the House of Representatives of the Sixtyfirst General Assembly of the State of Colorado, the Senate concurring herein:

That Joint Rule No. 23 (a) of the Joint Rules of the Senate and the House of Representatives is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

23. DEADLINE SCHEDULE

(a) (1.5) THE INTRODUCTION DEADLINES PROVIDED FOR IN PARAGRAPH (1) OF THIS SUBSECTION (a) SHALL BE DEEMED TO BE COMPLIED WITH IF THE BILL HAS BEEN DEPOSITED WITH THE CHIEF CLERK OF THE HOUSE OR THE SECRETARY OF THE SENATE BEFORE 4:30 P.M. ON THE SPECIFIED DEADLINE. THE NUMBERING OF SUCH BILLS, THEIR ASSIGNMENT TO COMMITTEES OF REFERENCE, AND THEIR FORMAL READING AND INTRODUCTION NEED NOT BE CONDUCTED ON THE DAY OF THE SPECIFIED DEADLINE. HOWEVER, THE NUMBERING, ASSIGNMENT, AND FORMAL READING AND INTRODUCTION SHALL BE ACCOMPLISHED PRIOR TO ADJOURNMENT OF THE RESPECTIVE HOUSE ON THE THIRD CALENDAR DAY FOLLOWING THE SPECIFIED DEADLINE.

Senator Wells moved to suspend Senate Rule 30(e).

A two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 30(e) was suspended and Immediate Consideration granted.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE

January 7, 1998

Mr. President:

The House has adopted and returns herewith SJR98-2.

Senate in recess.

Senate reconvened.

INTRODUCTION OF BILLS--FIRST READING

The following bills were read by title and referred to the committees indicated:

SB 98-1 by Senator Wells--Concerning discipline of students in public schools.

Education

SB 98-2 by Senators Wham, Ament, and Johnson; also Representatives George, Dyer, and McElhany--Concerning an extension of the annual general fund transfer to the capital construction fund.

Finance

SB 98-3 by Senators Bishop and Linkhart; also Representatives Schauer, Clarke, and Leyba--Concerning the extension of the termination date of the state lottery division of the department of revenue.

Business Affairs and Labor

SB 98-4 by Senators Norton, Chlouber, and Mutzebaugh; also Representatives G. Berry and Paschall--Concerning the application of state air quality standards to activities taking place on public property within the state.

Health, Environment, Welfare and Institutions

SB 98-5 by Senators Alexander, Feeley, Powers, Reeves, and Tebedo; also Representatives G. Berry, Alexander, Dean, George, Johnson, June, Miller, Nichol, Saliman, and Tucker--Concerning the assets held in the fire and police members' deferred compensation fund.

State, Veterans, and Military Affairs

SB 98-6 by Senator Ament; also Representative Johnson--Concerning standing of political subdivisions to protect property interests in certain proceedings.

Agriculture, Natural Resources and Energy

SB 98-7 by Senator Hopper; also Representative C. Berry--Concerning the continuation of the credit against state income taxes for contributions made for purposes of promoting employment for homeless persons.

Finance

SB 98-8 by Senator Wells; also Representative Adkins--Concerning the elimination of preliminary hearings in certain classes of felonies.

Judiciary

SB 98-9 by Senator Duke--Concerning including in the teaching of United States history certain pre-reconstruction-era documents that establish the principles of American history.

Education

SB 98-10 by Senator Ament--Concerning water quality control permit fees, and, in connection therewith, increasing fees for point source discharges, storm water discharges, and industrial pretreatment and making an appropriation.

Agriculture, Natural Resources and Energy

Appropriations

SB 98-11 by Senator Bishop--Concerning qualifications for the office of school district director, and, in connection therewith, prohibiting any person convicted of or under a pending charge of commission of a sex offense against a child from serving on a school district board of education.

Education

SB 98-12 by Senator Tebedo--Concerning a prohibition against any insurer taking adverse actions against a person because the person has not maintained motor vehicle insurance coverage in the past.

Business Affairs and Labor

SB 98-13 by Senators Powers, Lacy, and Tebedo; also Representatives T. Williams, Swenson, and Veiga--Concerning disclosure requirements for optional managed care arrangements in motor vehicle insurance policies.

Health, Environment, Welfare and Institutions

SB 98-14 by Senators Powers, Lacy, and Tebedo; also Representative T. Williams--Concerning elimination of the requirement that motor vehicle insurance policies include wage loss replacement coverage, and, in connection therewith, requiring insurers to provide optional wage loss replacement coverage.

Business Affairs and Labor

SB 98-15 by Senators Bishop, Ament, Dennis, Johnson, and Phillips; also Representatives Entz, Adkins, Johnson, Miller, Reeser, Smith, and Young--Concerning the elimination of the yearly limit on the amount of per diems paid to the members of the ground water commission.

Agriculture, Natural Resources and Energy

SB 98-16 by Senators Coffman and Wham--Concerning the elimination of the express authority of the board of directors of the metropolitan football stadium district to waive any requirement that a contractor provide a performance bond prior to the contractor commencing construction on a stadium.

Business Affairs and Labor

SB 98-17 by Senator Mutzebaugh--Concerning requirements for filling vacancies in elected offices.

State, Veterans, and Military Affairs

SB 98-18 by Senators Wattenberg, Hopper, and Rupert; also Representative George--Concerning the aspen leaf annual pass.

Agriculture, Natural Resources and Energy

SB 98-19 by Senator Chlouber--Concerning extending the repeal dates for certain horse racing regulations.

Agriculture, Natural Resources and Energy

SB 98-20 by Senator Congrove; also Representative Tucker--Concerning the peace officer standards and training board.

Judiciary

SB 98-21 by Senator Hernandez--Concerning increasing the length of sentence for persons who commit vehicular homicide while in immediate flight from commission of another felony.

Judiciary

SB 98-22 by Senator Tanner--Concerning increases in travel benefits for service in court proceedings, and making an appropriation therefor.

Judiciary

Appropriations

SB 98-23 by Senator Pascoe; also Representative Morrison--Concerning actions to protect against unsafe used infant cribs.

Health, Environment, Welfare and Institutions

SB 98-24 by Senator Feeley--Concerning mandatory reporting of abuse of at-risk adults.

Health, Environment, Welfare and Institutions

SB 98-25 by Senator Rizzuto--Concerning the administration of the alcohol and drug driving safety program.

Judiciary

SB 98-26 by Senator Linkhart--Concerning the composition of the work force coordinating council, and, in connection therewith, changing the composition and size of such council.

Business Affairs and Labor

SB 98-27 by Senator Reeves; also Representative Tucker--Concerning the authority of county treasurers.

Local Government

SB 98-28 by Senator Thiebaut; also Representative Entz--Concerning intrastate commercial air service in Colorado, and making appropriations therefor.

Transportation

Appropriations

SB 98-29 by Senators Weddig and Lacy; also Representatives Epps, Lawrence, and Pankey--Concerning the program for aid to the needy disabled.

Health, Environment, Welfare and Institutions

SB 98-30 by Senator Thiebaut; also Representative Swenson--Concerning high-occupancy vehicle lanes.

Transportation

SB 98-31 by Senators Linkhart, Bishop, and Reeves; also Representatives Leyba, Clarke, Pfiffner, and Taylor--Concerning requirements relating to the awarding of grants under the youth crime prevention and intervention program.

Judiciary

SB 98-32 by Senators Reeves, Linkhart, and Powers; also Representatives Taylor, Clarke, Leyba, and Pfiffner--Concerning the inventory of property by local governments.

Local Government

SB 98-33 by Senators Mutzebaugh, Dennis, and Johnson; also Representatives Leyba, Owen, and Pfiffner--Concerning the creation of a commission on government efficiency.

State, Veterans, and Military Affairs

SB 98-34 by Senator Powers; also Representative Swenson--Concerning a prohibition against operating a motor vehicle that has been improperly altered.

Transportation

SB 98-35 by Senator Mutzebaugh; also Representative Swenson--Concerning the performance of a field survey by a professional land surveyor before railroad tracks are removed from abandoned railroad rights-of-way to create a legal description of the property.

Transportation

SB 98-36 by Senator Wham; also Representative Epps--Concerning a requirement for licensure of physicians lawfully practicing medicine in another jurisdiction who perform acts constituting the practice of medicine on persons physically present in Colorado at the time such acts are performed.

Health, Environment, Welfare and Institutions

SB 98-37 by Senator Lacy--Concerning disciplinary procedures applicable to the alleged sale of alcohol beverages to a person under twenty-one years of age who is acting at the direction of an employee of a law enforcement agency.

Business Affairs and Labor

SB 98-38 by Senator Weddig--Concerning agreements to pay compensation for the recovery of unclaimed property.

Finance

SB 98-39 by Senator Phillips--Concerning increases in assistance grants for the elderly and disabled.

Finance

SB 98-40 by Senator Coffman--Concerning the state deferred compensation plan.

State, Veterans, and Military Affairs

SB 98-41 by Senator Rupert; also Representative Tate--Concerning female genital mutilation.

Health, Environment, Welfare and Institutions

SB 98-42 by Senator Tebedo; also Representative Swenson--Concerning the threshold that must be reached before bringing a tort action arising from an automobile accident.

Business Affairs and Labor

SB 98-43 by Senator Alexander; also Representative Dyer--Concerning the exception of scenic railroads from Colorado public utilities rate regulation.

Business Affairs and Labor

SB 98-44 by Senator Martinez; also Representative Tate--Concerning an increase in the loss ratio standard for credit insurance.

Business Affairs and Labor

SB 98-45 by Senator Johnson; also Representative George--Concerning an increase in compensation for public trustees, and, in connection therewith, increasing fees for certain public trustees' services and public trustees' salaries.

Business Affairs and Labor

SB 98-46 by Senator Arnold; also Representative Reeser--Concerning an exemption from emission inspection requirements for the sale of a motor vehicle if sufficient notice is provided to the purchaser.

Health, Environment, Welfare and Institutions

SB 98-47 by Senator Ament; also Representative Schauer--Concerning the findings of independent medical examiners in workers' compensation claims.

Business Affairs and Labor

SB 98-48 by Senator Powers; also Representative Epps--Concerning recycling, and, in connection therewith, extending the plastics and waste tire recycling programs and requiring that any moneys appropriated from the waste tire recycling development cash fund to the department of local affairs that are not expended by the end of the fiscal year be transferred to the highway users tax fund.

Transportation

SB 98-49 by Senator Schroeder; also Representative May--Concerning a prohibition on the imposition by governmental entities of charges upon access to the internet.

Business Affairs and Labor

SB 98-50 by Senator Hopper; also Representative George--Concerning creation of a criminal justice committee, and making an appropriation therefor.

Judiciary

Appropriations

SB 98-51 by Senator Blickensderfer; also Representative McElhany--Concerning mandated insurance coverages for state employees.

State, Veterans, and Military Affairs

SB 98-52 by Senator Matsunaka--Concerning an incentive program for state agencies to reduce costs.

State, Veterans, and Military Affairs

SB 98-53 by Senator Dennis--Concerning authorization of special districts to provide services relating to waste disposal.

Local Government

SB 98-54 by Senator Dennis--Concerning licensure of private prison facilities.

Judiciary

SB 98-55 by Senator Dennis; also Representative Lawrence--Concerning the enforcement authority of county governments for violations of county laws.

Local Government

SB 98-56 by Senator Reeves--Concerning the expansion of county powers to include the regulation of the purchase of tobacco by minors.

Local Government

SB 98-57 by Senator Tebedo; also Representative Lawrence--Concerning reinforcement of the criminal prohibition against assisting suicide.

Judiciary

SB 98-58 by Senator Tanner--Concerning coverage under a health benefit plan of services for persons with diabetes.

Health, Environment, Welfare and Institutions

SB 98-59 by Senator Alexander; also Representative Tucker--Concerning creation of the adult basic education program.

Education

SB 98-60 by Senator Martinez--Concerning limitations on the expansion of prisons.

Judiciary

SB 98-61 by Senator Thiebaut--Concerning the creation of an academic achievement grant program.

Education

SB 98-62 by Senator Wham; also Representative Adkins--Concerning procedures related to adoption.

Judiciary

SB 98-63 by Senators Arnold, Alexander, Blickensderfer, Coffman, and Congrove; also Representatives Adkins, Allen, Arrington, June, Keller, Musgrave, Reeser, Sinclair, and Sullivant--Concerning repeal of the repeal provision of the "Charter Schools Act".

Education

SB 98-64 by Senator Arnold; also Representative Reeser--Concerning a sales and use tax refund for automobile purchasers who sell another automobile within a certain amount of time within the date of purchase.

Transportation

SB 98-65 by Senator Lacy--Concerning regulation of the state lottery by the state lottery division in the department of revenue, and, in connection therewith, authorizing the installation of video lottery terminals under the control of the division, continuing the authority of the division beyond its current sunset date, and making an appropriation.

Agriculture, Natural Resources and Energy

Appropriations

On motion of Senator Bishop, the Senate adjourned until 9:00 a.m., Thursday,

January 8, 1997.

Approved:

Tom Norton

President of the Senate

Attest:

Joan M. Albi

Secretary of the Senate

YES 34		NO 0		EXCUSED 1		ABSENT 0
Alexander	Y	Duke	Y	Mutzebaugh	YE	Tanner	Y
Ament	Y	Feeley	Y	Pascoe	Y	Tebedo	Y
Arnold	Y	Hernandez	Y	Perlmutter	Y	Thiebaut	Y
Bishop	YY	Hopper	Y	Phillips	Y	Wattenberg	E
Blickensderfer	Y	Johnson	Y	Powers	Y	Weddig	Y
Chlouber	Y	Lacy	Y	Reeves	Y	Wells	Y
Coffman	Y	Linkhart	Y	Rizzuto	Y	Wham	Y
Congrove	Y	Martinez	Y	Rupert	Y	Mr. President	Y
Dennis	Y	Matsunaka	Y	Schroeder	Y