Call to By the President at 10:00 a.m.
Order
Prayer By the chaplain, Dr. Mel Taylor.
Roll Call Present--Total, 31.
Absent/Excused--Wattenberg--Total, 1.
Absent--Bishop, Hernandez, Thiebaut--Total, 3.
Present later--Hernandez, Thiebaut.
Quorum The President announced a quorum present.
Reading of On motion of Senator Congrove, reading of the Journal of January 16th was dispensed
Journal with and the Journal stands approved as corrected
by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 98-110.
Services
LETTER OF RESIGNATION TO THE PRESIDENT OF THE
SENATE
January 10, 1998
The Honorable Tom Norton
State Capitol
200 E. Colfax
Denver, CO 80203
Dear President Norton:
After further consideration and prayer, the decision
has been made that I will resign my office of State Senator of
Senate District 9, effective as soon as my replacement can be
selected by the vacancy committee, but not later than February
1, 1998. If you wish more detail of the reasoning behind my decision,
attached [on file with the Secretary of the Senate] is one of
my columns which will explain in greater detail. I will have no
other public statement.
Sincerely,
(Signed)
Charles R. Duke
INTRODUCTION AND CONSIDERATION OF RESOLUTION
SR 98-3 by Senators Wells, Norton and Feeley--Concerning
a Senate employee 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:
That the following named person be appointed as an employee of
the Senate of the Sixty-first General Assembly, convened in Second
Regular Session, to the position set opposite her
name:
Amendment Clerk.....................................................................Julie
Hoerner
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.
On motion of Senator Wells, the Resolution was ADOPTED by the following roll call vote:
YES 33 | NO 0 | EXCUSED 1 | ABSENT 1 | ||||
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 | EY | 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 |
Employee appearing pursuant to SR 98-3 was sworn
in by the President.
COMMITTEE OF REFERENCE REPORTS
Agriculture, After consideration on the merits, the committee recommends that SB 98-78 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend printed bill, page 2, line 8, strike "ENTERPRISES,";
line 10, after "INCLUDES", insert "ENTERPRISES
AND".
Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration
Natural and has had a hearing on the following appointment and recommends that the
Resources appointment be confirmed:
and Energy
STATE BOARD OF
LAND COMMISSIONERS
for terms expiring June 30, 2001:
Jay P. K. Kenney of Denver, Colorado, to serve as
a person with substantial experience in natural resource conservation,
appointed.
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
GROUND WATER COMMISSION
for terms expiring May 1, 2001:
Eugene A. Bauerle of Julesburg, Colorado, to serve
as a resident agriculturist from the Northern High Plains Basin,
reappointed;
Richard F. Huwa of Keenesburg, Colorado, to serve
as a resident agriculturist from the Lost Creek Basin, reappointed;
Earnest L. Mikita of Calhan, Colorado, to serve as
a resident agriculturist from the Upper Big Sandy Basin, appointed.
Agriculture, The Committee on Agriculture, Natural Resources and Energy has had under consideration
Natural and has had a hearing on the following appointment and recommends that the
Resources appointment be confirmed:
and Energy
COLORADO AGRICULTURAL
DEVELOPMENT AUTHORITY
for a term expiring June 30, 2001:
Donald R. Schulz of Monte Vista, Colorado, to serve
as a member knowledgeable of agricultural activity in the state
and as a Democrat, reappointed.
______________________________
On motion of Senator Wells, and with a majority of those elected to the Senate having voted in the affirmative, the Martin Luther King, Jr. Day remarks by Senator Gloria Tanner are reprinted below.
______________________________
Colleagues:
Today is a state holiday in honor and celebration
of the 69th Anniversary of Dr. Martin Luther King, Jr.'s
Birthday.
As a tribute to Dr. King, each year on the third
Monday of January, our country observes a national holiday honoring
Martin Luther King, Jr.'s
life, work and dream.
During this time, I usually have to explain to several
of my constituents why we are in session. I always tell them that
once the 120 days of the session begins, we are here - no exceptions
- Presidents Lincoln-Washington - we are here. Once in awhile
we will get good Friday off, depending on the workload and how
late in the evening our majority leader keeps us here to catch
up on our work.
But I also tell them that we always take a few moments
out of our busy schedule on this day to reflect on the life of
this Prince of Peace. A man who touched the lives of all, by changing
the social justice of this country during his short life on this
earth.
Dr. King, a native Atlantan, just as I am, was reared
in a neighborhood that produced some of our nation's
leaders. Leaders such as former mayor of Atlanta, Maynard Jackson,
past urban league president and advisor to President Clinton,
Vernon Jordan, former Morehouse College President, the late Dr.
Benjamin Mays and others; such as entertainers Gladys Knight and
the Pips and John Wesley Dobbs, the father of metropolitan opera
singer and Mattiwilda Dobbs.
In this neighborhood, Dr. King learned at an early
age from the preaching and teaching of his father, Rev. Martin
Luther King, Sr., who everyone in our neighborhood affectionly
called "Daddy King" that once people knew the reward
bought on by love and understanding, a true commitment to justice
for everyone would follow.
He went on to become the brightest spokesperson for
a social movement that shook this nation by questioning whether
America was indeed capable of living up to the challenges of liberty,
justice and freedom for all of our citizens. His message was one
of peace, sister/brotherhood for people of all ages, races, religions
and nationalities. His message also included the necessary lessons
of tolerance and understanding. Accepting and appreciating the
differences in people.
Martin Luther King, Jr., summoned the best qualities
that guide and sustain the American spirit. Our nation's
commitment to equality and justice - freedom of peace.
He awakened our national pride and the essential
goodness of our people and led an American nonviolent revolution
that enriched our moral purpose as a nation.
The spirit evoked by Dr. King's message is timeless.
It is the spirit that the good Samaritan showed when she came
to the aid of a west African refugee as he was murdered by a so-called
"skinhead" in downtown Denver because of the color of
his skin. The only explanation of this senseless killing was I
wish it would have been a more important African American. He
doesn't
understand that a life is a life. There is no life that is more
important than another one, whether you are Black or White, rich
or poor, the maintenance man in the company or the CEO. One life
is just as precious as another. We are all God's
children.
That same spirit today, if we just accept it, is a spirit that would commit us to practice his philosophy of peace. To confront and condemn hate crimes, racism and any form of bigotry, whenever and wherever we find it, not tomorrow, not next year but today, right now.
As Dr. King stated, "the ultimate measure of
a person is not where he or she stands in moments of comfort and
convenience, but where one stands at times of challenge and controversy."
So colleagues, as we take a few moments to pay tribute
to this unique American hero. As we honor his short life, work
and dream, let us start by rededicating ourselves to the principle
of peace, equality, love and justice for all. With the new year
before us, just two years before the 21st century, let us rededicate
ourselves to love and respect each other with a new sense of understanding.
I believe that our children and grandchildren are
depending on us to help create a society of freedom, equality
and justice for all people, the O'Haras,
the Chinns, the Goldbergs, the Martinezes, the Red Clouds and
the Joneses. You see our children are depending on us to honor
Dr. King's
dream, his dream of a new beginning for humankind, the birth of
a world free from prejudice, a world truly working for peace and
justice.
As I bring my remarks to a close, I beg of us. In
the words of Dr. King:
I quote: "Now let us begin. Now let us rededicate
ourselves to the long and bitter - but beautiful - struggle for
a new world. This is the calling of the children of God, and our
children are waiting our response. Let us not tell them that the
struggle is too hard and the odds are too great. The choice is
ours, and though we might prefer it otherwise, we must choose
in this crucial time of human history."
Colleagues, let's
help make this dream a reality by using this day, his birthday,
to recommit ourselves to truly working for peace, understanding
and justice of all.
Let us live the dream and always carry the spirit
in our hearts. After all the future depends on it.
______________________________
COMMITTEE OF REFERENCE REPORTS
Judiciary After consideration on the merits, the
committee recommends that SB 98-31 be amended as follows
and, as so amended, be referred to the Committee of the Whole
with favorable recommendation:
Amend printed bill, page 2, line 1, after "the",
insert "COMMUNITY PARTNERSHIP OFFICE OF THE";
line 6, after "addition, the", insert "COMMUNITY
PARTNERSHIP OFFICE OF THE";
line 15, strike "and
prioritization" and substitute
"and prioritization".
Page 3, strike lines 2 and 3 and substitute the following:
"prevention and intervention program. under
which the board shall accept applications at least twice in each
twelve month period. The board shall".
Health, After consideration on the merits, the committee recommends that SB 98-13 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 3, line 15, strike "WAS"
and substitute "IS".
Committee On motion of Senator Hopper, the Senate resolved itself into Committee of the Whole for
of the consideration of General Orders and Senator
Hopper was called to the Chair to act as Whole Chairman.
GENERAL ORDERS--SECOND READING OF BILLS
The Committee of the Whole having risen, the Chairman reported that the following bills, reading at length having been dispensed with by unanimous consent, had been considered and action taken thereon as follows:
SB 98-67 by Sen. Johnson; Rep. Schauer--Tavern Licenses
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-5 by Sen. Alexander; Rep. G. Berry--FPPA Deferred
Compensation Plans
Amendment No. 1, State, Veterans, and Military Affairs Committee Amendment
(Printed in Senate Journal, January 13, pages 51-52.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-32 by Sen. Reeves; Representative Taylor--Inventory
Of Local Government Property
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-27 by Sen. Reeves; Representative Tucker--County Treasurer Authority
(Local Government Committee Amendment as printed
in Senate Journal, January 14, page 57, declared LOST on Second
Reading.)
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 98-1 by Sen. Wells--Services For Expelled Students
Amendment No. 1, Education Committee Amendment
(Printed in Senate Journal, January 15, pages 59-60.)
Amendment No. 2, by Senator Wells
Amend printed bill, page 7, line 25, strike "STUDENTS"
and substitute "PUPILS".
Page 8, line 14, strike "STUDENTS" and
substitute "PUPILS".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-9 by Sen. Duke--Teaching Of American History
Amendment No. 1, by Senator Perlmutter
Amend printed bill, page 2, line 26, strike "SHALL"
and substitute "SHOULD".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage
SB 98-18 by Sen. Wattenberg; Representative George--Aspen
Leaf Annual Pass
Referred to Committee on Appropriations.
The following bills on the General Orders calendar
of Monday, January 19, were laid over until Tuesday, January 20,
retaining their place on the calendar:
SB 98-36, 98-3.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Hopper, the Report of the Committee
of the Whole was adopted and, a majority of all members elected
having voted in the affirmative, the following action was taken:
SB 98-67, 98-32, 98-27, declared passed on Second Reading.
SB 98-5 as amended, 98-1 as amended, 98-9 as amended, declared passed on Second Reading.
SB 98-18, referred to Committee on Appropriations.
SB 98-36, 98-3, laid over until Tuesday, January
20, retaining their place on the calendar.
INTRODUCTION OF BILLS--FIRST READING
The following bills were read by title and referred
to the committees indicated:
SB 98-111 by Senator Coffman--Concerning certain governmental entities to which current members of the Colorado general assembly are appointed, and, in connection therewith, authorizing the appointment of former members of the Colorado general assembly to such governmental entities.
State, Veterans, and Military Affairs
SB 98-112 by Senator Coffman--Concerning raising the priority level of liens for deferred property taxes and interest.
Business Affairs and Labor
SB 98-113 by Senators Arnold, Tebedo, Alexander, Ament, Chlouber, Coffman, Congrove, Duke, Lacy, Mutzebaugh, Powers and Wells; also Representative Musgrave--Concerning the definition of "erotic nudity" as it applies to the crime of sexual assault on a child.
Judiciary
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 Tuesday, January 20, was laid over until Tuesday, January 21, retaining its place on the calendar.
On motion of Senator Wells, the Senate adjourned until 9:00 a.m., Tuesday,
January 20, 1997.
Approved:
Tom Norton
President of the Senate
Attest:
Joan M. Albi
Secretary of the Senate