This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY

STATE OF COLORADO

First Regular Session

First Legislative Day Wednesday, January 6, 1999

 

Prayer by Pastor Richmond Stoakes, Rifle United Methodist/Presbyterian Church.

The Speaker called the House to order at 10:00 a.m.

The hour of ten o'clock having arrived, the House of Representatives of the Sixty-second General Assembly of the State of Colorado, pursuant to law, was called to order by Charles E. Berry, Speaker of the Sixty-first General Assembly, State of Colorado. Representative Kaufman was appointed presiding officer.

Representative Kaufman announced that if there were no objections, Judith Rodrigue would be appointed Temporary Chief Clerk and Mike Mawhinney, the Temporary Reading Clerk.

______________

COMMUNICATIONS FROM THE SECRETARY OF STATE

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF COLORADO

I have canvassed the "Abstract of Votes cast in the General Election of November 3, 1998, in the State of Colorado and do so state that, to the best of my knowledge and belief, the attached list represents the votes cast for members of the State House of Representatives for the Sixty-second General Assembly at that General Election.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City and County of Denver this 6th day of January, A.D., 1999.

(Signed)

Victoria Buckley

Secretary of State

_______________

District 1, Counties of Denver

Fran Coleman, Democrat 9,007

Frank A. "Mac" McGregor, Republican 8,208

District 2, County of Denver

Gloria Leyba, Democrat 7,662

Timothy M. Lloyd, Libertarian 1,497

District 3, Counties of Arapahoe, Denver

Jennifer Veiga, Democrat 9,138

Ted Sell, Republican 4,795

Kurtis Klinghammer, Libertarian 424

District 4, County of Denver

Frana Araujo Mace, Democrat 9,995

Warren R. Kruse, Libertarian 2,037

District 5, County of Denver

Nolbert D. Chavez, Democrat 7,963

David Sprecace, Republican 2,207

David Aitken, Libertarian 516

District 6, Counties of Arapahoe, Denver

Dan Grossman, Democrat 14,858

Doug Anderson, Libertarian 3,229

District 7, County Denver

Ben Clarke, Democrat 12,126

District 8, County of Denver

Robert McRae, Republican 2,248

Penfield Tate, III, Democrat 11,807

Walter Schlomer, Libertarian 558

District 9, Counties of Arapahoe, Denver

Ken Gordon, Democrat 13,129

Doug Anderson, Republican 7,490

District 10, County Denver

Dorothy Gotlieb, Republican 10,897

Dana Petersen, Democrat 8,806

District 11, County Boulder

Todd Saliman, Democrat 16,615

David Savitt, Republican 5,633

Michael Perkins, Libertarian 969

District 12, County of Boulder

William G. Swenson, Republican 11,670

Bill Van Dusen, Democrat 6,827

Ken Kirkmeyer, Libertarian 534

District 13, County of Boulder

(Recount paid by Drew Bolin)

Drew Bolin, Republican 13,963

Tom Plant, Democrat 14,157

District 14, County of Boulder

Ron Tupa, Democrat 13,062

Charles L. King, Republican 4,250

District 15, County of El Paso

Ron May, Republican 14,437

District 16, County of El Paso

William D. Sinclair, Republican 11,363

A. Mark Entrekin, Democrat 5,424

District 17, County of El Paso

Andy McElhany, Republican 7,687

District 18, County of El Paso

Ben W. Miller, Democrat 5,932

Doug Dean, Republican 15,335

Jeffrey S. McQueen, Libertarian 477

District 19, County of El Paso

Ray L. "Doc" Trovillion, Democrat 5,415

Richard D. Decker, Republican 10,249

District 20, Counties of Douglas, El Paso

Lynn Hefley, Republican 19,110

Tina Routhier, Democrat 6,012

District 21, County of El Paso

Keith C. King, Republican 9,840

Sandra J. Baker, Democrat 5,405

District 22, County of El Paso

Marcy Morrison, Republican 14,312

Shawn Yocum-Alford, Democrat 5,355

District 23, County of Jefferson

Kelley Daniel, Democrat 8,517

Penn Pfiffner, Republican 8,976

District 24, County of Jefferson

Maryanne "Moe" Keller, Democrat 10,064

Quinn Wilhelm, Republican 6,902

District 25, County of Jefferson

Donald G. Parker, Democrat 9,477

John Witwer, Republican 11,906

District 26, County of Jefferson

Scott D. McKay, Republican 10,094

Betty Boyd, Democrat 9,736

District 27, County of Jefferson

Denise Mund, Republican 11,509

Sue Windels, Democrat 11,647

Lloyd Sweeny, Libertarian 683

District 28, County of Jefferson

Jerry Q. Clayton, Democrat 8,071

Don Lee, Republican 13,735

District 29, County of Jefferson

Steve Klausing, Democrat 8,071

Mark Paschall, Republican 9,316

District 30, County of Jefferson

Rob Fairbank, Republican 14,481

E. C. Garthe, Democrat 9,947

District 31, Counties of Adams, Boulder, Weld

Statutory Recount

Paul Zimmerman, Democrat 11,459

Pam Rhodes, Republican 11,329

W. Earl Allen, Libertarian 556

District 32, County of Adams

Valentin J. Vigil, Democrat 6,603

David Borstel, Republican 4,017

District 33, County of Adams

Shawn Mitchell, Republican 10,241

Larry G. Karsten, Democrat 8,867

District 34, County of Adams

Statutory Recount

Lois Tochtrop, Democrat 7,327

Kathi Williams, Republican 7,243

District 35, County of Adams

Ann F. Ragsdale, Democrat 7,962

Wendy Lofton, Republican 4,846

District 36, County of Adams

Jack Fish, Republican 5,358

Stephanie Takis, Democrat 6,284

Thomas M. Janich, Colo Reform 733

District 37, County of Arapahoe

Lauri Clapp, Republican 13,475

Wendy Band, Democrat 8,251

Christopher Smith, Libertarian 513

 

District 38, Counties of Arapahoe, Jefferson

Joe Stengel, Republican 11,228

Diana Holland, Democrat 8,978

 

District 39, County of Arapahoe

Nancy Spence, Republican 16,437

Ted Fritschel, Democrat 7,339

District 40, County of Arapahoe

Angie Wood, Democrat 7,332

Gary McPherson, Republican 9,948

Larry S. Kilgore, Amer Constitution 911

District 41, County Arapahoe

Lynn Myers, Republican 7,579

Suzanne Williams, Democrat 8,416

District 42, County of Arapahoe

William J. Wiggins, Republican 4,562

Bob Hagedorn, Democrat 6,297

District 43, County of Arapahoe

Debbie Allen, Republican 9,977

Randall Phelps, Libertarian 2,154

District 44, Counties of Custer, Fremont, Pueblo, Teller

Vic Meyers, Democrat 7,499

Lola Spradley, Republican 15,295

District 45, County of Pueblo

Joyce Lawrence, Republican 13,584

Linda M. Sena, Democrat 9,914

District 46, County of Pueblo

Abel J. Tapia, Democrat 12,623

District 47, Counties of Baca, Bent, Crowley, Huerfano, Las Animas, Otero, Pueblo

Bill Durland, Democrat 8,421

Kenneth Kester, Republican 9,515

District 48, County of Weld

William H. Webster, Republican 14,151

Carol Burkhart, Democrat 8,474

District 49, Counties of Larimer, Weld

Steve Johnson, Republican 18,326

Daniel W. (Dan) Dean, Democrat 7,520

District 50, County of Weld

Tambor Williams, Republican 6,046

Warren LaSell, Democrat 4,850

District 51, County of Larimer

William G. Kaufman, Republican 18,395

Rex Cornwell, Amer Constitution 3,521

District 52, County of Larimer

Steve Tool, Republican 14,953

District 53, County of Larimer

Bob Bacon, Democrat 10,099

Tom Bender, Republican 8,197

District 54, Counties of Delta, Mesa

Matt Smith, Republican 17,476

District 55, County of Mesa

Gayle Berry, Republican 17,027

District 56, Counties of Eagle, Garfield, Grand, Jackson, Routt

Jack Taylor, Republican 12,332

James Johnson, Democrat 8,234

Kathy Romack, Libertarian 10,097

District 57, Counties of Garfield, Moffat, Pitkin, Rio Blanco

Russell George, Republican 16,420

J. Brent Shroyer, Libertarian 3,905

District 58, Counties of Delta, Dolores, Montezuma, Montrose, Ouray, San Miguel

Kay Alexander, Republican 18,467

District 59, Counties of Archuleta, La Plata, Montezuma, San Juan

Julie Cooley, Democrat 8,868

Mark Larson, Republican 12,008

District 60, Counties of Alamosa, Conejos, Costilla, Huerfano, Pueblo, Rio Grande, Saguache

Al Gagliardi, Democrat 9,396

Terry Smith, Republican 8,096

Robert L. Johnson, Libertarian 354

District 61, Counties of Chaffee, Gunnison, Hinsdale, Lake, Mineral, Park, Pitkin, Rio Grande, Saguache

Marshall Boyd, Republican 8,352

Carl Miller, Democrat 13,954

Michael Simpson, Libertarian 1,581

District 62, Counties of Clear Creek, Gilpin, Jefferson, Summit

Jack J. Woehr, Democrat 9,361

Bryan Sullivant, Republican 14,751

District 63, Counties of Arapahoe, Cheyenne, Elbert, Kiowa, Kit Carson, Lincoln, Prowers, Yuma

Brad Young, Republican 18,951

District 64, County of Douglas

Jerri L. Hill, Democrat 13,623

Joe Nuñez, Republican 29,496

District 65, Counties of Logan, Morgan, Phillips, Sedgwick, Washington

Don Ament, Republican 13,590

John E. Ellif, Unaffiliated 6,160

_______________

 

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF COLORADO

I, VICTORIA BUCKLEY, Colorado Secretary of State, have canvassed the "Abstract of Votes" cast in the General Election of November 3, 1998 in the State of Colorado and do so state that, to the best of my knowledge and belief, the names of persons listed on the attached sheets are the elected members of the State House of Representatives for the Sixty-Second General Assembly for a term of two years beginning the sixth day of January, 1999.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City and County of Denver, this 5th day of January, A.D., 1999.

(Signed)

Victoria Buckley

Secretary of State

_______________

Representative Address Dist. Counties Pty

Fran Coleman 2221 S Lowell Blvd 1 Denver Dem

Denver 80219

Gloria Leyba 1014 Lipan St 2 Denver Dem

Denver 80204

Jennifer Veiga 765 S Grant St 3 Arapahoe, Denver Dem

Denver 80209

Frana Araujo 4990 Green Ct 4 Denver Dem

Mace Denver 80221

Nolbert D 3356 Bryant St 5 Denver Dem

Chavez Denver 80211

Dan Grossman 1043 Jackson St 6 Denver, Arapahoe Dem

Denver 80206

Benjamin 1800 Monaco Pkwy 7 Denver, Adams Dem

Clarke Denver 80220

Penfield Tate 2875 Albion St 8 Denver Dem

Denver 80220

Ken Gordon 3141 S Jasmine Way 9 Arapahoe, Denver Dem

Denver 80222

Dorothy 4123 S Rosemary Wy 10 Arapahoe, Denver Rep

Gotlieb Denver 80237

Todd Saliman 1634 Pine St 11 Boulder Dem

Boulder 80302

Bill Swenson 32 Princeton Cir 12 Boulder Rep

Longmont 80503

Tom Plant 299 S Jackson St 13 Boulder Dem

Nederland 80466

Ron Tupa 2900 E Aurora Av 122 14 Boulder Dem

Boulder 80303

Ron May 4980 Daybreak Cir N 15 El Paso Rep

Colo Spgs 80917

William D 3007 Chelton Dr 16 El Paso Rep

Sinclair Colo Spgs 80909

Andy 95 W Boulder 17 El Paso Rep

McElhany Colo Spgs 80903

Doug Dean 6463 McNichols Ct 18 El Paso Rep

Colo Spgs 80918

Richard D 7035 Loveland Ter 19 El Paso Rep

Decker Fountain 80817

Lynn Hefley 1625 W Woodmen Rd 20 Douglas, El Paso Rep

Colo Spgs 80919

Keith C. King 4715 Bywood Ct 21 El Paso Rep

Colo Spgs 80906

Marcy 302 Sutherland Pl 22 El Paso Rep

Morrison Manitou Spgs 80829

Penn R 38 S Zinnia Way 23 Jefferson Rep

Pfiffner Lakewood 80228

Maryanne 4325 Iris St 24 Jefferson Dem

"Moe" Keller Wheat Ridge 80033

John Witwer 3111 S Interlocken Dr 25 Jefferson Rep

Evergreen 80437

Scott D. 1009 S Johnson Wy 26 Jefferson Rep

McKay Lakewood 80226

Sue Windels 13925 W 73rd Ave 27 Jefferson Dem

Arvada 80005

Don Lee 6883 S Allison Way 28 Jefferson Rep

Littleton 80128

Mark Paschall 7903 W 62nd Way 29 Jefferson Rep

Arvada 80004

Rob Fairbank 10201 W Ida Ave#137 30 Jefferson Rep

Littleton 80127

Paul 12943 Columbine Cr 31 Adams, Boulder, Dem

Zimmerman Thornton 80241 Weld

Valentin J 9908 Garfield Ct 32 Adams Dem

Vigil Thornton 80229

Shawn 12530 Newton St 33 Adams Rep

Mitchell Broomfield 80020

Lois Tochtrop 10452 Dale Cir 34 Adams Dem

Westminster 80234

Ann F 8120 Osceola St 35 Adams Dem

Ragsdale Westminister 80030

Stephanie 1927 Ironton St 36 Adams Dem

Takis Aurora 80010

Lauri Clapp 4500 S Sherman St 37 Arapahoe Rep

Englewood 80110

Joe Stengel 9 Meadowlark Lane 38 Arapahoe, Jefferson Rep

Littleton 80123

Nancy Spence 6330 S Olathe St 39 Arapahoe Rep

Aurora 80016

Gary L 5116 S Argonne St 40 Arapahoe Rep

McPherson Aurora 80015

Suzanne 12314 E Bates Cir 41 Arapahoe Dem

Williams Aurora 80014

Bob Hagedorn 1278 Sable Blvd 42 Arapahoe Dem

Aurora 80011

Debbie Allen 942 S Walden St#9-205 43 Arapahoe Rep

Aurora 80017

Lola Spradley 6100 Waterbarrel Rd 44 Custer, Fremont, Rep

Beulah 81023 Pueblo, Teller

Joyce R 47 Briargate Terrace 45 Pueblo Rep

Lawrence Pueblo 81001

Abel J Tapia 1511 N Elizabeth St 46 Pueblo Dem

Pueblo 81003

Kenneth 633 McAfee Ave 47 Baca, Bent, Rep

Kester Las Animas 81054 Crowley, Huerfano,

Las Animas, Otero

William H. 1850 26th Ave 48 Weld Rep

Webster Greeley 80631

Steve Johnson 5928 Lakeview Dr 49 Larimer, Weld Rep

Ft Collins 80526

Tambor 1910 21st Ave Ct 50 Weld Rep

Williams Greeley 80631

William G 200 E 7th St #318 51 Larimer Rep

Kaufman Loveland 80537

Steve Tool 3012 Stockbury Dr 52 Larimer Rep

Fort Collins 80525

Bob Bacon 1706 Hinry St 53 Larimer Dem

Ft Collins 80526

Matt Smith 3074 Alegre Ct 54 Delta, Mesa Rep

Grand Junction 81504

Gayle Berry 1305 Wellington #102 55 Mesa Rep

Grand Junction 81501

Jack Taylor 41525 County Rd 36 56 Eagle, Garfield, Rep

Steamboat Springs 80477 Grand, Jackson, Routt

Russell George 1300 E 7th St 57 Garfield, Moffat, Rep

Rifle 81650 Pitkin, Rio Blanco

Kay L 16387-6030 Rd 58 Delta, Dolores, Rep

Alexander Montrose 81401 Montezuma, Montrose,

Ouray, San Miguel

Mark Larson 1703 Rolling Rd 59 Archuleta, Rep

Cortez 81321 La Plata, Montezuma, San Juan

Al Gagliardi 230 Curtis Lane 60 Alamosa, Conejos, Dem

Alamosa 81101 Costilla, Huerfano, Pueblo, Rio Grande, Saguache

Carl Miller 111 W 3rd St 61 Chaffee, Gunnison, Dem

Leadville 80461 Hinsdale, Lake,

Mineral, Park, Pitkin,

Rio Grande, Saguache

Bryan S 293 Sherwood Trail 62 Clear Creek, Rep

Sullivant Breckenridge 80424 Gilpin, Jefferson, Summit

Brad Young 8 Sage Lane 63 Arapahoe, Rep

Lamar 81052 Cheyenne, Elbert,

Kiowa, Kit Carson, Lincoln, Prowers, Yuma

Joe Nuñez 5951 Silver Thorn Run 64 Douglas Rep

Littleton 80125

Don Ament 28817 County Rd 65 Logan, Morgan, Rep

Iliff 80736 Phillips, Sedgwick, Washington

______________

NOTICE OF PROTESTS

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the following:

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 5th day of January, 1999.

(Signed)

Victoria Buckley

Secretary of State

_________

BEFORE THE COLORADO HOUSE OF REPRESENTATIVES

VERIFIED STATEMENT OF INTENTION TO THE COLORADO SECRETARY OF STATE TO CONTEST THE GENERAL ELECTION FOR COLORADO HOUSE OF REPRESENTATIVES HOUSE DISTRICT 31

IN RE: PAM J. RHODES, Contestor.

Contestor, Pam J. Rhodes, through her attorneys, Hale Hackstaff Tymkovich ErkenBrack & Shih, L.L.P., pursuant to C.R.S. ''1-11-208(2) and 1-11-201(1) (b), (c) and (d), for her Verified Statement of Intention to Contest the General Election for Colorado House of Representatives House District 31 Race, states and avers as follows:

INTRODUCTION

1. Pam Rhodes (ARhodes@) and Paul Zimmerman (AZimmerman@) were the Republican and Democratic candidates for the House of Representatives (AHOR@) in House District 31 ("HD31") in the November 3, 1998, general election.

2. On election night, Boulder County election officials announced that Zimmerman won the election by 109 votes. However, Boulder County election officials did not announce that a huge error had occured in Precinct 7122, here 270 voters had been given the wrong ballots that did not list either Rhodes or Zimmerman, but rather listed the Republican and Democratic candidates from another House District. Voters had complained to officials as early as 8:30 a.m. on election day, but election judges simply told those voters there was nothing that could be done. The election judges contacted Boulder County election officials later that day. Despite the availability of accurate ballots, election officials made the decision not to use accurate ballots, but rather to persist in giving voters inaccurate ballots. Boulder election officials then actually counted the mislabeled ballots. In all, 270 voters were deprived of the opportunity to vote for the candidate of their choice in HD31.

3. Boulder election officials did not disclose this problem to the candidates for several days. At that point, the officials realized there would be a mandatory recount because of the closeness of the election. The Secretary of State ordered a recount and ordered that the 270 mislabeled ballots not be counted. Following the recount, Zimmerman and Rhodes were still within 130 votes of each other.

4. There is no way to identify the 270 voters in question who were disenfranchised by the actions of Boulder election officials. There is no way to determine who truly won the race in HD31. Pam Rhodes filed an action in Boulder County District Court in order to correct this situation and give all voters, including those 270 voters, the opportunity to exercise their right to vote. Zimmerman and the Boulder County officials opposed the action. The Boulder County District Court ruled that a "terrible mistake" had been made and the 270 voters had been disenfranchised. The Court found that it could not determine who won the election and that "bad things happen to good people". However, the Court found that it did not have jurisdiction to solve the problem, and accepted Zimmerman's and the government officials view that the matter should be resolved by the House of Representatives.

NAME OF CONTESTOR

5. Contestor Rhodes is an individual residing in Adams County, Colorado and a registered elector of HD31. Rhodes was the Republican candidate for the HD31 HOR race.

NAME OF CONTESTEE

6. Contestee, Zimmerman, is an individual residing in the State of Colorado and a registered elector of HD31, Zimmerman was the Democratic candidate for the HD31 HOR race.

OFFICE CONTESTED AND TIME OF ELECTION

7. Rhodes contest the general election for HD31 HOR race held on November 3, 1998 (AElection Day@).

JURISDICTIONAL BASIS FOR CONTEST

8. C.R.S. 1-11-201 states in pertinent part:

(1) The election of any candidate to any office may be contested on any of the following grounds:...

(b) That illegal votes were received or legal votes rejected at the polls in sufficient numbers to change the result of the election;

(c) That an election judge or board of canvassers has made an error in counting or declaring the result of an election that changed the result of the election; and

(d) That an election judge, board of canvassers, or member of a board of canvassers has committed malconduct, fraud, or corruption that changed the result of the election.

C.R.S. 1-11-201 (1)(a), (b), (c) and (d) (1997).

GOVERNMENT ELECTION OFFICIALS FOR HD31

9. Charlotte Houston (AHouston@) is County Clerk for Boulder County and pursuant to C.R.S. 1-11-110(3), she is the chief election official for Boulder County. Houston is a Democrat.

10. Nancy Wurl (AWurl@) is Boulder County Elections Office Manager.

11. Robert Sack (ASack@) is County Clerk for Adams County and pursuant to C.R.S. 1-1-110(3), he is the chief election official for Adams County.

12. J.A. Tsukamoto (ATsukamoto@) is County Clerk for Weld County and pursuant to C.R.S. 1-1-110(3), she is the chief election official for Weld County.

13. Victoria Buckley (ABuckley@) is Secretary of State of the State of Colorado and pursuant to C.R.S. 1-1-107(1)(a), she oversees each general election held in Colorado.

GROUNDS FOR CONTEST

14. Pursuant to C.R.S. 1-5-203(1), 50 days prior to the election, Buckley transmitted to Houston written notice of the Anational and state officers and the district officers of state concern to be elected at the general election,@ and such notice included Athe name and party or other designation of each candidate.@

15. Thereafter, pursuant to C.R.S. 1-5-403(1), Houston was responsible for the printed information contained on the ballots, and she was to provide printed ballots for the election, including those ballots utilized in HD31 on Election Day.

16. Pursuant to C.R.S. 1-5-410, Houston was required to have a sufficient number of ballots printed and distributed to the election judges in each respective precinct.

17. Pursuant to C.R.S. 1-5-407(2), ballots must be printed so that each voter shall have a Aclear opportunity to designate@ his choice of candidate.

18. Pursuant to C.R.S. 1-5-101(1), Houston has divided Boulder County into precincts for all elections, including Precinct 7122.

19. Pursuant to C.R.S. 1-5-101(2), each precinct has a minimum of 600 eligible voters.

20. Pursuant to C.R.S. 1-7-101(1), eligible registered voters may cast their votes between the hours of 7:00 a.m. to 7:00 p.m.

21. At approximately 8:30 a.m. on Election Day, voters in Precinct 7122 began to complain to the election judges that the wrong ballots were being used. These voters expressly asked for correct ballots so that they could cast a vote in the HD 31 race. The election judges told those votes that they could not have a correct ballot.

22. The correct ballots for HD31 appeared as follows:

Paul Zimmerman - Democratic party

Pam Rhodes - Republican Party

23. At approximately 3:00 p.m. on Election Day, Houston was made aware that ballots being used for voting in Precinct 7122 contained misprints. Specifically, certain ballots showed the HOR race in that precinct as a race for HD13 instead of HD31, the correct district for that precinct.

24. The misprinted ballots for HD31 appeared as follows:

Drew Bolin - Republican Party

Tom Plant - Democratic Party

25. After being made aware of the misprints, and despite the availability of accurate ballots, Houston and Wurl took no action to correct the problem, but continued to use the wrong ballots. Houston and Wurl counted at least 270 misprinted ballots for Rhodes and Zimmerman.

26. Ballots votes that were mistakenly cast for Drew Bolin (ABolin@), the Republican candidate for the HOR seat in HD13, were incorrectly counted by Houston and Wurl as votes for Democrat Zimmerman, and the votes cast for Tom Plant (APlant@), the Democratic candidate for the HOR seat in HD13, were incorrectly counted as votes for Republican Rhodes.

27. On November 4, 1998, acting on instructions from Houston, Canvass Board members from Precinct 7122 removed seals from two transfer cases for the purpose of Aascertaining how many ballots were misprinted.@ The inspection of the ballots showed that 270 ballots contained within the two unsealed ballot boxes had been misprinted with regard to the HOR race in HD31. Those 270 ballots listed the candidates for HD13, Bolin and Plant, and not the candidates for HD31, Rhodes and Zimmerman.

28. After the votes were counted in the HD31 HOR race on Election Day, which included the 270 misprinted ballots, Houston announced that Zimmerman had defeated Rhodes by 109 votes, less that on percent of all the votes case for Zimmerman.

29. Accordingly, pursuant to C.R.S. 1-10-301(1), a mandatory recount was held. The recount disclosed a 130 vote margin between Zimmerman and Rhodes. During the recount, however, Houston did not count the disputed 270 ballots, which listed the wrong candidates.

30. Boulder election officials denied 270 voters the opportunity and right to cast a clear vote for the candidate of their choice in HD31, and were, therefore, disenfranchised. See

COLO. CONST. Art. II, 5. Moreover, it is not possible to determine the true intent of the voters of HD31 as a result of the misprinted ballots described above.

31. On November 25, 1998, Rhodes, and Robert Beauprez, filed a Verified Complaint in the Boulder County District Court against Houston, Zimmerman, Wurl, and Buckley, challenging the election process. Rhodes and Beauprez asserted that, pursuant to C.R.S. 1-1-113(1), election officials breached or neglected their duties under the Election Code with regard to the printing of the ballots in HD31, and that all eligible voters were entitled to cast ballots that would be counted in HD31.

32. On November 30, 1998, the Court ordered that the Defendants be enjoined from, certifying or enforcing the results of the election for the November 3, 1998 general election held for the HOR seat for HD31 until a hearing could be held.

33. On December 4, 1998, a hearing on Rhodes' and Beauprez's First Amended Complaint was held before Boulder District Court Judge Morris W. Sandstead, Jr.

34. At the hearing on December 4, 1998, Judge Sandstead determined that the facts were fundamentally not in dispute. Particularly, the attorney for Rhodes, the attorneys for Zimmerman, the attorneys for Boulder County, and the attorneys for Secretary of State all conceded the following facts:

a. Misprinted ballots had been given to 270 voters in Precinct 7122;

b. It was not possible to determine the identity of the 270 voters who were deprived of the opportunity to cast a vote for the candidate of their choice in HD31;

c. The election judges were made aware of the problem in Precinct 7122 early in the morning at approximately 8:30 a.m.;

d. The election judges told voters who complained that they were not able to vote for the candidate of their choice, that there was nothing that could be done;

e. The Deputy Clerk of Boulder County was informed of the problem on the afternoon of election day;

f. Accurate ballots were available and could have been used in Precinct 7122;

g. Despite being informed of the problem, and despite the availability of accurate ballots, no action was taken to correct the problem on election day by Boulder County election officials;

h. In the initial tabulation of votes, the 270 misprinted ballots were counted;

i. After the election, a recount was ordered by the Secretary of State for HD 31;

j. In the recount, the Secretary of State expressly directed that the misprinted ballots not be counted;

k. The results of the recount indicated that Rhodes and Zimmerman were within 130 votes of each other, not including the 270 voters who were unable to cast a vote for the candidate of their choice; and

l. It was not possible to tell who won the election since 270 voters were disenfranchised.

35. Following the December 4, 1998 hearing, Judge Sandstead determined that a Atragic mistake@ had taken place through the conduct of the elections in HD 31, and that it was not possible to determine who had won the race. However, for reasons asserted by Zimmerman and the other defendants, Judge Sandstead concluded that he did not have jurisdiction to correct the problem.

36. Despite the discrepancy with the misprinted ballots, the official survey of returns was completed and certified by the Secretary of State on December 3, 1998.

CONCLUSION

37. C.R.S. 1-11-20 (1)(b) has been violated in HD31 because the votes of 270 electors were rejected, and that is a sufficient number to have changed the results of the election.

38. C.R.S. 1-11-201(1)(c) has been violated in HD31 because the election judges and the board of canvassers made an error in not counting the votes of the 270 electors, which cold have changed the results of the election.

39. The election judges and board of canvassers committed malconduct in their refusal to provide accurate ballots to the 270 voters and to count those votes in order to determine whether Rhodes or Zimmerman truly won the election on November 3, 1998.

WHEREFORE, Rhodes hereby gives notice, pursuant to C.R.S. 1-11-208(2), that she contests the general election for the HD31 HOR race held on November 3, 1998. Accordingly, based on the grounds set forth in C.R.S. 1-11-201(1)(b), (c) and (d), Rhodes respectfully requests that the House of Representatives determine which candidate shall be seated to represent the people of House District 31 in the House of Representatives.

Dated: December 10, 1998.

Respectfully submitted,

HALE HACKSTAFF TYMKOVICH

ERKENBRACK & SHIH, L.L.P.

By: Timothy M. Tymkovich, Reg. No. 12554

Stephen K. ErkenBrack, Reg. No. 8962

Joaquin G. Padilla, reg. No. 28079

1675 Broadway, Suite 2000

Denver, Colorado 80202

Telephone: (303) 592-8700

Attorneys for Contestor

Contestor's Address:

Pam J. Rhodes

13271 Clermont Circle

Thornton, Colorado 80241

VERIFICATION

I, Pam J. Rhodes, being first duly sworn, state that the facts set forth in the foregoing VERIFIED STATEMENT OF INTENTION TO THE COLORADO SECRETARY OF STATE TO CONTEST THE GENERAL ELECTION FOR COLORADO HOUSE OF REPRESENTATIVES HOUSE DISTRICT 31 are true to the best of my knowledge, information, and belief.

(signed)

Pam J. Rhodes ______________

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado, do hereby certify that the attached is a true and exact copy of the following:

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City of Denver this 5th day of January, 1999.

(Signed)

Victoria Buckley

Secretary of State

_________

BEFORE THE COLORADO HOUSE OF REPRESENTATIVES

VERIFIED STATEMENT OF INTENTION TO THE COLORADO SECRETARY OF STATE TO CONTEST THE GENERAL ELECTION FOR COLORADO HOUSE OF REPRESENTATIVES HOUSE DISTRICT 34

IN RE: KATHI WILLIAMS, Contestor

Contestor, Kathi Williams ("Williams"), through her attorneys, Hale Hackstaff Tymkovich ErkenBrack & Shih, L.L.P., pursuant to C.R.S. '' 1-11-208 (2) and 1-11-201 (1) (b) (c) (d) and (e), for her Verified Statement of Intention to Contest the General Election for Colorado House of Representatives House District 34 Race, states and avers as follows:

INTRODUCTION

1. The election for House District 34 of the Colorado House of Representatives was between Republican Kathi Williams and Democrat Lois Tochtrop. The Clerk and Recorder for Adams County is Robert Sack, also a Democrat. The initial results on election night indicated that Williams had won the election. However, after a number of hours, Robert Sack announced that Tochtrop had won the election by 31 votes (out of approximately 15,000 total votes).

2. There were a number of discrepancies in the conduct of the election, including that the ballots were not kept in a secure place prior to the recount. More than 400 ballots are now missing. Because of the irregularities, a Denver District Court Judge found that there were reasonable grounds to believe that the recount was not being conducted in a fair and partial and uniform manner by the Adams County Clerk and Recorder. Accordingly, the Court took the unusual step of removing the recount process from the Adams County Clerk and Recorder and ordered the Secretary of State to conduct a recount.

3. The Secretary of State has been unable to count all the ballots, because of the hundreds of missing ballots. On the basis of the foregoing, Williams contests the election of Tochtrop.

Name of Contestor

4. Contestor Williams is an individual residing in Adams County, Colorado and a registered elector of House District 34 ("HD34"). Williams was the Republican candidate for the HD34 House of Representatives ("HOR") race.

Name of Contestee

5. Contestee, Lois Tochtrop, is an individual residing in the State of Colorado and a registered elector of HD34. Tochtrop was the Democratic candidate for the HD34 HOR race.

Office contested and Time of Election

6. Contestor Williams contests the general election for HD34 HOR race held on November 3, 1998.

Jurisdictional Basis for Contest

7. C.R.S. ' 1-11-201 states:

(1) The election of any candidate to any office may be contested on any of the following grounds:

(b) That illegal votes were received or legal votes rejected at the polls in sufficient numbers to change the result of the election;

(c) That an election judge or board of canvassers has made an error in counting or declaring the result of an election that changed the result of the election;

(d) That an election judge, board of canvassers, or member of a board of canvassers has committed malconduct, fraud, or corruption that changed the result of the election; and

(e) That, for any reason, another candidate was legally elected to the office.

C.R.S. ' 1-11-201 (1) (b) (c) (d) and (e) (1997).

Grounds for Contest

8. On November 3, 1998, a general election was held for HOR in HD34.

9. The Adams County Clerk published a summary and specific precinct results which taken together indicate that Williams did in fact win the election.

10. However, a later vote count indicated that Williams lost the election to Tochtrop by 23, and then 31 votes, out of nearly 15,000 votes cast.

11. Robert Sack ("Sack") is County Clerk for Adams County, and pursuant to C.R.S. ' 1-1-110 (3), Sack is chief election official for Adams County.

12. Victoria Buckley ("Buckley") is Secretary of State of the State of Colorado, and pursuant to C.R.S. ' 1-1-107 (1) (a), Buckley oversees each general election held in Colorado.

13. On November 23, 1998, pursuant to C.R.S. ' 1-10-301 (1), Buckley ordered Sack to conduct a recount of the ballots in the HD34 race. Recounts are mandatory when the margin of victory is less than one percent of the votes cast for the winning candidate.

14. On November 23, 1998, a recount was begun in HD34. During this recount Williams and others observed numerous irregularities causing her to have reasonable grounds to believe that the recount was not being conducted in a fair, impartial, and uniform manner.

15. Accordingly, Williams filed her Verified Petition Pursuant to C.R.S. ' 1-10-307 (1) (a), on November 23, 1998 in Denver District Court.

16. On November 24, 1998, Williams filed a First Amended Petition Pursuant to C.R.S. ' 1-10-307 (1) (a), adding Tochtrop as a defendant.

17. On November 24, 1998, a hearing on Williams' First Amended Petition was held before Denver District Court Judge Edward A. Simons. See Transcript of Proceedings on Forthwith hearing in Kathleen Williams v. Robert Sack, et al., Case No. 98CV9041, November 25, 1998, appended hereto as Exhibit 1.

18. After the hearing the Court concluded that under C.R.S. ' 1-10-307 (1) (a), Williams had satisfied her burden of proving by a preponderance of the evidence that she had reasonable grounds to believe that the recount begun by the Adams County Clerk and Recorder was not being conducted in a fair, impartial and uniform manner. See Order Granting Plaintiff's Petition Pursuant to C.R.S. ' 1-10-307 (1) (a), appended hereto as Exhibit 2.

19. Indeed, the Court granted Williams' Petition and ordered:

(a) The Adams County Clerk and Recorder to stop the recount;

(b) The Adams County Clerk and Recorder to give the Secretary of State access to all pertinent election records used in conducting the recount;

(c) The Secretary of State to conduct the recount; and

(d) That the Adams County Clerk and Recorder shall be an official observer during the recount.

20. Based on testimony at the hearing, the Court made the following observations concerning the irregularities in the recount process:

(a) Missing Ballots: That election officials counted over 560 fewer ballots in the recount from their original count on the night of the election, and had not offered an explanation for this discrepancy;

(b) Lack of security: That a majority of the ballots cast in the general election were preserved in unsealed, canvas gym bags, and not in sealed, metal boxes. In addition, an unlimited number of seals were kept on a counter during the recount process. There was no accounting for the seals, as some seals may have been missing, and the seals were used by persons involved in the recount process without supervision;

(c) Lack of training of election workers: That many of the county workers involved in the recount lacked adequate training and supervision to conduct the recount process; and

(d) Failure to provide reconciliation sheets: That reconciliation sheets had not been provided from each of the polling locations to Plaintiff so she could ascertain if the recount was "uniform" as required by statute.

21. On November 30, 1998, a second recount was conducted under the direction and supervision of the Secretary of State. This resulted in a vote count of 459 ballots missing.

22. Despite the discrepancy with the 459 missing ballots, the official survey of the returns was completed and certified by the Secretary of State on December 3, 1998. The Secretary of State's certification in no way ratifies the regularity of the election or the recount and does not constitute a seal of approval of the process here.

23. Accordingly, the Secretary of State's decision to certify the returns was irrespective of the irregularities and malconduct exhibited in the recount process.

24. The facts alleged demonstrate that election errors have been made that changed the result of the election, through malconduct or otherwise, under the requirements of 1-11-201.

25. On information and belief, Williams did receive sufficient number of votes on election day to have won the election.

26. Accordingly, the contest should be accepted for the following reasons:

a. That Williams was the highest vote getting in the initial count of the election and was legally elected to the office;

b. That the circumstances of the election demonstrate that legal votes were rejected on election day in number sufficient to change the race from a lead held by Williams to a lead by Tochtrop;

c. That the election judges or the board of canvassers erred in counting and declaring the election count that changed the result of the election because of election night mistakes, and that subsequent recounts showed that ballots were lost in numbers substantially beyond the margin of the election that also would have changed the results of the election; and

d. That election judges or the board of canvassers committed malconduct in the count and recount of the ballots that changed the result of the election.

CONCLUSION

27. ' 1-11-201 (1) (b) has been violated in that more than 400 legal votes were rejected in the mandatory recount, which are sufficient numbers to have changed the result of the election.

28. ' 1-11-201 (1) (c) has been violated in that the board of canvassers made an error in counting the results of the election including, but not limited to, the hundreds of missing ballots, in a way that changed the result of the election.

29. ' 1-11-201 (1) (d) has been violated in that election officials have committed malconduct in the loss of ballots which were not kept in a secure manner at which has disenfranchised more than 400 votes in House District 34.

30. ' 1-11-201 (1) (e) has been violated in that another candidate, Kathi Williams, was legally elected to the office.

Wherefore, Williams hereby gives notice, pursuant to C.R.S. ' 1-11-208 (2), that she contests the general election for the HD34 HOR race held on November 3, 1998. Accordingly, based on the grounds set forth in C.R.S. ' 1-11-201 (1) (b), (c) and (d), Williams respectfully requests that the House of Representatives determine which candidate shall be seated to represent the people of House District 34 in the House of Representatives.

Dated: December 9, 1998

Kathi Williams

Respectfully submitted,

HALE HACKSTAFF TYMKOVICH

ERKENBRACK & SHIH, L.L.P.

By: Timothy M. Tymkovich, Reg. No. 12554

Stephen K. ErkenBrack, Reg. No. 8962

Joaquin G. Padilla, Reg. No 28079

1675 Broadway, Suite 2000

Denver, Colorado 80202

Telephone: (303) 592-8700

Attorneys for Contestor

Contestor's Address:

9928 B Grove Way

Westminster, Colorado 80030

VERIFICATION

I, Kathi Williams, being first duly sworn, state that the facts set forth in the foregoing VERIFIED STATEMENT OF INTENTION TO CONTEST THE GENERAL ELECTION FOR COLORADO HOUSE OF REPRESENTATIVES HOUSE DISTRICT 34 RACE are true to the best of my knowledge, information, and belief.

(signed)

Kathi Williams

Case No. 98CV9041, Courtroom 14

ORDER GRANTING PLAINTIFF'S PETITION PURSUANT TO C.R.S. ' 1-10-307 (1)(a)

KATHLEEN WILLIAMS, a Colorado resident and a registered elector for House District 34,

Plaintiff

v.

ROBERT SACK, in his official capacity as Adams County Clerk and Recorder, and VICTORIA BUCKLEY, in her official capacity as Colorado Secretary of State, LOIS TOCHTROP, a Colorado resident,

Defendants.

THIS MATTER having come before the Court on Plaintiff's Petition Pursuant to C. R.S. ' 1-10-307 (1) (a), and the Court being sufficiently advised in the premises of such Petition, hereby,

FINDS, that under C.R.S. ' 1-10-307 (1) (a), Plaintiff satisfied her burden of proving by a preponderance of the evidence that she had reasonable grounds to believe that the recount, as ordered by Defendant Victoria Buckley pursuant to C.R.S. ' 1-10-301 (1), and begun on November 23, 1998 by the Adams County Clerk and Recorder is not being conducted in a fair, impartial, and uniform manner, and

FINDS, that the irregularities observed by Plaintiff and other witnesses on November 23, 1998 during that recount process provided sufficient reasonable grounds upon which Plaintiff could base her believe, and such irregularities were as follows:

l. Lack of a "uniform" count: Election officials counted over 560 fewer ballots in the recount from their original count on the night of the election, and have not offered an explanation for this discrepancy, and

2. Lack of security: A majority of the ballots cast in the general election were preserved in unsealed, canvas gym bags, and not in sealed, metal boxes. In addition, an unlimited number of seals were kept on a counter during the recount process. There was no accounting for the seals, as some seals may have been missing, and the seals were used by persons involved in the recount process without supervision, and

3. Lack of training of election workers: Many of the county workers involved in the recount lacked adequate training and supervision to conduct the recount process, and

4. Failure to provide reconciliation sheets: Reconciliation sheets have not been provided from each of the polling locations to Plaintiff so she could ascertain if the recount was "uniform" as required by statute, and

ORDERS, that Plaintiffs Petition Pursuant to C.R.S. ' 1-10-307 (1) (a) is granted, and

ORDERS, the Adams County Clerk and Recorder to stop the recount, and

ORDERS, the Adams County Clerk and Recorder to give the Secretary of State access to all pertinent election records used in conducting the recount, and

ORDERS, the Secretary of State to conduct the recount, and

ORDERS, that the Adams County Clerk shall be an official observer during such recounts.

DATED this 27th day of November, 1998.

_________

VIA FACSIMILE: (303) 894-7732 BY HAND DELIVERY

The Hon. Victoria Buckley The Hon. Russ George

Secretary of State of the State of CO Speaker of the House

1560 Broadway, Suite 200 Colorado House of Representatives

Denver, Colorado 80202 Denver, Colorado 80202

Re: In re Kathi Williams, Contestor

Contest the General Election for Colorado House of Representatives House District 34 Race

Dear Secretary Buckley and Speaker George:

The law firm represents Kathi Williams in the above-referenced contest. In this regard, I write to advise that Ms. Williams hereby respectfully withdraws her petition contesting the General Election for Colorado House of Representatives in House District 34.

Thank you for your time and consideration in this matter.

Respectfully submitted,

(signed)

Timothy M. Tymkovich

_______________

 

The Temporary Reading Clerk called the roll with the following result:

Present--65.

The Presiding Officer declared a quorum present.

_______________

 

On motion of Representative Dean, the Presiding Officer appointed Representatives Dean, Chairman, Sullivant, and Gordon as the Committee on Credentials.

_______________

House in recess. House reconvened.

_______________

 

On request of Representative Dean, the following report was read:

REPORT OF THE COMMITTEE ON CREDENTIALS

January 6, 1999

The Committee on Credentials has made examination of the report of the Secretary of State and received testimony and other materials, and it hereby finds as follows:

(1) That the list of Representatives elected at the general election held on November 3, 1998, as certified by the Secretary of State of the State of Colorado, is a true, complete, and authentic list of all Representatives elected at said general election for the term provided by law, and, except as provided in subsection (3) of this report, said persons are entitled to membership in this body as aforesaid, pursuant to law in such cases made and provided.

(2) That an election contest has been filed with the House of Representatives pursuant to section 1-11-208, Colorado Revised Statutes, concerning the election in House District 34, but in view of the fact that the Contestor has withdrawn the contest, this Committee will not hear or decide the contest, and the person certified by the Secretary of State of Colorado is entitled to membership in this body as aforesaid, pursuant to law in such cases made and provided.

(3) That an election contest has been filed with the House of Representatives pursuant to section 1-11-208, Colorado Revised Statutes, concerning the election in House District 31, and since this contest cannot be heard and decided at this time, the candidate certified by the Secretary of State should be seated as a member of this body pending the resolution of the contest or such other disposition as may be provided by law.

(4) That, pursuant to the duty of the House of Representatives to judge the election and qualification of its members under section 10 of article V of the state constitution and section 2-2-303, C.R.S., jurisdiction over the election contest concerning House District 31 is retained by the Committee on Credentials.

(signed)

Doug Dean, Chairman, Committee on Credentials

_______________

Representative Dean moved to adopt the report of the Committee on Credentials.

Representative Gordon moved the following amendment:

Amend the report of the Committee on Credentials, dated January 6, 1999, page 1, in subsection (1), strike "and, except as provided in subsection (3) of this report," and substitute "and";

strike subsections (2), (3), and (4).

The amendment was declared lost by viva voce vote.

The report of the Committee on Credentials was adopted by the following roll call vote:

YES 40 NO 25 EXCUSED 0 ABSENT 0

Alexander Y

Allen YAment Y

Bacon N

Berry Y

Chavez N

Clapp Y

Clarke N

Coleman N

Dean Y

Decker Y

Fairbank Y

Gagliardi N

Gordon N

Gotlieb Y

Grossman N

 

 

Hagedorn N

Hefley Y

Johnson Y

Kaufman Y

Keller N

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba N

Mace N

May Y

McElhany Y

McKay Y

McPherson Y

 

Miller N

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant N

Ragsdale N

Saliman N

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y

 

Takis N

Tapia N

Tate N

Taylor Y

Tochtrop N

Tool Y

Tupa N

Veiga N

Vigil N

Webster Y

Williams, S. N

Williams, T. Y

Windels N

Witwer Y

Young Y

Zimmerman N

Mr. Speaker Y

_______________

 

On motion of Representative Dean, a committee of three was appointed by the Presiding Officer to wait upon Chief Justice Mullarkey to request her to administer the oath of office to the Representatives-elect. The Presiding Officer appointed Representatives Gotlieb, Taylor, and Leyba as members of said committee.

_______________

Chief Sergeant-at-arms Suman announced the arrival of Chief Justice Mullarkey.

The Committee escorted the Chief Justice to the platform where he administered the oath of office to 65 members-elect of the House of Representatives, as certified by the Secretary of State.

The Committee escorted Chief Justice Mullarkey from the Chamber.

_______________

Representative Kaufman announced that nominations were open for Speaker of the House of Representatives.

Representative Dean nominated Representative George.

Representative Kaufman called for further nominations.

Representative Dean moved that the nominations be closed.

The motion was carried by viva voce vote.

Representative Dean moved that the Temporary Chief Clerk, Judith Rodrigue, cast an unanimous ballot for Representative George for Speaker of the House of Representatives.

Representative Kaufman announced that Representative George had been elected Speaker of the House of Representatives of the Sixty-second General Assembly.

Representative Dean moved that the remarks of Speaker George and Representative Gordon be printed in the House journal.

Speaker George delivered the following address to the House:

To the members of the house of representatives of the 62nd general assembly, staff, family, guests and friends:

We are the second Colorado General Assembly to cross into a new century. This happened only once before in Colorado history, in 1899.

One hundred years ago today, the House Journal read in part:

"House of Representatives of the 12th General Assembly of the State of Colorado, called to order at 12 noon, Wednesday. . . by A.B. Gray, Chief Clerk of the House of the Eleventh General Assembly."

Further reading of the journal revealed that very little has changed from then to now in the way we convene the House.

Unlike today, on that day 100 years ago there was a contested election for Speaker of the House resulting in the election of William G. Smith from Golden, defeating Celestino Garcia of Conejos. William Smith was 42 years old and served as speaker for only one term. Incidentally, William Smith was elected speaker as a freshman. (And this was before term limits.)

One other difference reflects the wisdom of the house in 1899: There was no speech by the newly elected speaker.

On this same day, one hundred years ago, the headline in the Denver Post read: "Floodgates of Oratory"

The article began, "The twelfth general assembly will have more important measures before it than any session of the legislature for the past six or eight years. For that reason there will be no time for idle parleying, and if the assembly expects to accomplish anything in the way of reform it will have to get down to business immediately and work hard, until the day of adjournment on March 31. The usual number of bills which have little or no general interest will be introduced at this session and lots of valuable time will necessarily be wasted in considering them. The large majority of the important measures will consume many days each in debate and in committee, and night sessions of both houses will be a regular thing in a few weeks.

"The first bill of consequence to be introduced will be the one providing for a division of El Paso county into two counties. Barrels of money will be spent on this measure and the lobbyists will be kept rustling hard day and night until the measure is passed or killed. . .

I have started today with history because history is a source of strength. If we want to build for the future, we must have a sense of the past. We cannot know where we are going if we do not know where we have come from and how we got to be where we are.

I start with history today for another, more practical reason. This is to remind us the world is here watching what we do and listening to what we say. Just as I can call upon our librarian to find for us these moments in 1899, so will the speaker of this house in the year 2099 be able to reflect on what we do here today and in the days that follow. History is a reminder that what we do here affects lives and fortunes, perhaps for a long time.

While the world is watching us make history, we have a full agenda of work.

Because there are 65 of us representatives here and 35 senators down the hall, and because we all have large constituencies with many needs, the list of issues on which we will work is long. For this reason the number of bills that must be introduced and acted upon in the next 17 weeks will probably number more than 600.

Until all these bills are introduced on first reading, we will not know in detail the full range of subjects and issues that we must deal with. Because of our limited time today, I can highlight only a few major issues:

First among the more demanding subjects will be the management of the state's revenues. We face an irony: We have more money coming into the state treasury than ever before in history, yet we are virtually muscle-bound by a convergence of constitutional, statutory and accounting restrictions and limits.

In spite of the huge surpluses, it will be a challenge to satisfy the taxpayers' demand for refunds and tax cuts while also meeting the demands of this same public for increased infrastructure through capital construction.

Regardless of the complexity and difficulty, we will meet this challenge. We will work with the real numbers within the law while seeking and finding the delicate balance among all the competing forces. This is the charge the voters have given us. With an honest and sincere effort and with the welcome assistance and leadership of our new governor, we will find the right answer.

We will reinforce the proposition that a good public education for every child in Colorado is the essential hallmark of a successful, self-governing, self-perpetuating free society. We will renew our efforts to reduce the education red-tape and do everything we can to help teachers succeed in classrooms so that our students are being taught at the highest level that we can provide as we go into the new technological millennium.

On another issue, we have learned recently of a serious flaw in our election laws. Two elections to this body have produced questionable results. While this failure in our process is difficult politically for everyone concerned, our goal must be to correct the failures legally and not politically.

The fundamental question that must be asked and answered is whether or not the elections were fair and honest. Did every qualified elector have an equal chance to vote? Was every such vote accurately counted? Can that vote count be honestly verified?

When these questions cannot be answered, the system has failed. We have only one choice when the process does not provide a fair election. We must hold the election again and get it right the second time.

We can do nothing more important in this democracy than to absolutely guarantee in every instance a fair, honest and verifiable election. It is our responsibility in this legislature to promptly enact legislation that provides this result for the recent election and for future elections.

In this session, we will respond to the ongoing responsibility of state government to provide public safety at the lowest justifiable cost.

We must examine the length of sentences to determine whether or not we are optimally using our limited number of prison beds. We will inquire whether or not we spend enough money at the front end of the criminal justice process to assure the highest arrest and conviction rates and to guarantee the lowest possible return to crime through the revolving door of recidivism. The rapidly increasing share of the budget that is used by our corrections system needs thorough scrutiny.

Campaign finance will be revisited in 1999. Examples abound proving that the existing statutory structure created by Amendment 15 as passed by the voters in 1996 is fatally flawed.

It is our responsibility as elected representatives of the people to correct the deficiencies now known to exist. The better thinking will be to return to the campaign finance changes made by this legislature in 1996--but which were superseded by Amendment 15.

The guiding principle to follow is that the best campaign finance law is one which allows freedom to candidates to run their campaign. This is done while providing full disclosure of the money flow to allow voters to make the value judgments about the sources and uses of their money.

Illegal drug use and abuse continue to be a scourge. This legislature must explore in earnest to what extent drug use and addiction should receive a medical response rather than a criminal justice response. At the same time, this government must continue to hound to the ground the criminals who prey on the weak with the underworld manufacture, distribution and sale of dangerous illegal drugs.

We will renew our admonition to our colleagues in the federal government that they need not involve the federal government in every aspect of our lives. We should continue to remind them again that it is not necessary or appropriate for the United States Congress to appear responsive to every highly publicized societal ill or sensational crime.

In turn, this state legislature should better understand its obligation to stop passing on unfunded demands to local governments in our counties, cities and towns.

At various points in this 62nd General Assembly we will work in the complex arenas of telecommunications, utility regulation, and capital construction of highways and mass transit. Our efforts will focus on environmental protection of clean air and clean water, reduction of regulatory intrusion in our lives and businesses, and on our continuing search for obsolescence in our state government.

And the list goes on. There is much to do and we owe it to our constituents to do it well. This means hard work, deadlines, and long hours to do it. This is the way of things.

All this work must be done within the bounds of certain guiding principles of process, analysis and conduct:

First - We will extend an outreached hand of cooperation to our colleagues in the Senate and to the new governor and his administration. Any differences which may occur are best resolved in an atmosphere of regular, open and cordial communication.

Let us always remember always who owns this place. Colleagues, this is not ours alone. It is loaned to us by the citizens of Colorado--for our temporary use on everyone's behalf. Our fellow citizens also loaned to us something else of value. We have been granted a temporary chance to be leaders--to lead them and ourselves along this portion of the historical road of self-government. In turn, colleagues, you have lent a portion of this leadership to me as speaker and to our majority and minority leaders for the purpose of asking us to help you accomplish the goals of your constituents. How successfully we all handle this trust depends entirely upon our remembering on a daily basis whose business it is that we are about.

We must remember, we do not come to this place alone. We are able to do the public's work only because we each have a faithful cadre of friends, co-workers and family at home giving us the constant support, encouragement and love that makes us able to press on every day. We must not take them for granted. An occasional nod of thanks and recognition from us doesn't cost much and goes a long, long way.

It is also true that we do not work alone. This job cannot be done without our staff. We must always treat these fine, able, hard-working people with honor and respect.

The press and the media also play a vital role in what we do.

Freedom of speech is the solid foundation upon which we have built the peoples= government.

Our friends in the press and media also have a job to do. Respect them and be open and honest with them. They can actually help us do our job better.

The lobby also has a job to do in this process. We must acknowledge their needs and obligations as well.

We work in words. Words matter--spoken and written. Words inspire; words inflict. We must take care in what we say and write. It is recorded. It is remembered.

In everything we do, we should be civil, compassionate and ready to compromise for the benefit of the broadest consensus of citizens possible. Every elected representative comes here under the same mandate. We each represent our share of the citizens of Colorado. All those citizens are entitled to be productively represented. Every one of us elected representatives stands on equal footing in this room. Whether Democrat or Republican; whether liberal or moderate or conservative--each one of us deserves to be heard and to have a fair chance to find the votes we need to advance our ideas. The advent of term limits adds an extra urgency to help each other on our arbitrarily shortened paths toward our public goals. We are all entitled to work in this room in an atmosphere of mutual respect and civility, and upon occasion, affection.

A last principle of conduct I offer today is that we should not take ourselves too seriously. We can save ourselves with a sense of humor.

A dear friend to many of us, and a former member of this House, Chuck Henning, had a passion for humorous quotations. He left this legacy for us in his book, Wit and Wisdom of Politics. This moment in history would not be complete without taking a minute to share a few of Chuck's favorites:

The House of Representatives is a large body of egos surrounded on all four sides by lobbyists. (Anonymous)

Democrats are the party that says government can make you richer, smarter, taller and get the weeds out of your lawn. Republicans are the party that says government doesn't work, and then gets elected to prove it. (P.J. O'Rourke)

It's a terrific comfort to know how hard it is to get a bill passed into law. (Jene Vickery)

Never poke fun at legislators or anyone else with the power to route a state highway through your bedroom. (Nosmo King)

And this final note of wit comes from another of our own former colleagues, Betty Ann Dittemore: Man is the only animal that laughs. He's also the only animal that has a legislature.

Now I will close in the spirit of Chuck Henning--and Chuck, I know you are here with us today--by sharing a note of wisdom from history:

This is from John Adams:

"We may please ourselves with the prospect of free and popular governments. God grant us the way. But I fear that in every assembly, members will obtain an influence by noise, not sense, by meanness not greatness, by ignorance not learning, by contracted hearts not large souls. There is one thing that must be attempted and most sacredly observed or we are all undone. There must be decency and respect and veneration introduced for persons of every rank or we are undone. In a popular government this is our only way."

I want to repeat this; it is as apt today as it was 220 years ago:

"But I fear that in every assembly, members will obtain an influence by noise, not sense, by meanness not greatness, by ignorance not learning, by contracted hearts not large souls. There must be decency and respect and veneration introduced for persons of every rank or we are undone. . ."

Thank you for sharing these moments in history with me today. Congratulations to all of you. Let=s help each other to make our share of Colorado=s history a time we can all be proud of.

May God Bless us all.

_______________

 

Representative Gordon delivered the following address to the House:

I would like to welcome the new legislators.

Lauri Clapp, Abel Tapia, Keith King, Sue Windels, Richard Decker, Al Gagliardi, Ken Kester, Fran Coleman, Joe Stengel, Tom Plant, Rob Fairbank, Ann Ragsdale, Don Lee, Val Vigil, John Witwer, Shawn Mitchell, Lois Tochtrop, Nancy Spence, Mark Larson, Bill Webster, Joe Nunez, Scott McKay and Senator, Executive Director, Representative Ament.

Look around you. Fix this moment in your mind......... I have images from my first day in the legislature that I will never forget. We had an election contest that day. My first vote was on whether or not Drew Clark could vote on whether or not Drew Clark could vote.

I remember Senator Roberts who was the Senator in Bill Kaufman=s district trying to tell us that Bill should not be seated and Tim Foster in his first day as majority leader cutting Senator Roberts off and telling him that we didn=t need his help to seat our Representatives.

I was awestruck by this building. A building showing the respect that early Coloradans had for Democratic self government. And when you are walking in the building notice the plaque by the Governor=s office in memory of Ralph Carr, a conservative Republican Governor who was the only elected official in the Western United States to stand up for the Japanese Americans who were interned due to the hysteria following Pearl Harbor.

Speaker George and I and many of us are going to be gone in 2 years. Any bill that we pass can be undone after we are gone. What might live on beyond our stay is an atmosphere of respect - if we can achieve that while we are here.

This country was founded on two principles, Freedom and Justice. In spite of Washington=s advice, over the years factions developed, in one iteration or another. Now we have the Democrats and the Republicans. The Democrats search for justice while to the Republicans Freedom is the more important value. The Republicans have their Independence Institutes and their Freedom Foundation. Democrats talk of justice for working people and equal opportunity.

Another way to look at it is that the Democrats care more about the issues of community and the Republicans more the individual. Democrats are willing to tax the population to pay for a good public education system. For the community. Democrats are willing to tell a real estate developer that there are some rules that must be followed to protect the environment for the good of the community. Democrats want workers to be able to organize and bargain collectively so that they can achieve justice in a situation where management would otherwise have the greater bargaining power. Republicans see some of these government actions as intrusions on the freedom of the individual. So we differ and sometimes we fight. But what we need to remember and sometimes we don=t is that both freedom and justice are important goals and in fact they are not disconnected but rather separate sides of a greater whole. Neither can exist without the other. Like you cannot have one side of a hand.

Sometimes because of our fascination with conflict we get wrapped up in one opposing side and see only the merits of that side. We demonize the other, not recognizing the necessity of both goals. Then we have conflict that tears at the fabric and misses the point of our essential unity. All this as if a Republican would tolerate a the elimination of justice or a Democrat the extinction of freedom.

This isn=t a good time for those who believe in democratic representative government. The confidence that Americans have in elected officials and Democratic institutions is in decline. The political process is becoming disconnected from the people. They are staying away from the polling places in droves. When they get to the polls they vote for initiatives that take away the powers of representatives, like the Tabor Amendment, or they limit our terms. Coloradans don=t know who represents them in Congress or in the legislature. If someone actually knows us and they see us at a movie or shopping in the malls they are surprised because they didn=t know we were home from Washington. (Pause)

A lot of this is their own fault. We shouldn=t let them off the hook. But when we ran for this office it became our responsibility to do something to improve the situation.

There are a number of things that we can do to help restore and maintain voter confidence in the Colorado General Assembly. We need to maintain our contact with the people in our districts. We need to treat the people that come down here to testify with respect even if we do not share their view. And perhaps most of all we need to act in a non-partisan manner.

Partisan is when you vote against a bill because a member of the other party is carrying it and for the same bill if someone from your own party is carrying it. Partisan is when you introduce a bill, a resolution or an amendment not because it has some special merit but because it is a wedge issue that puts the other party in a difficult situation. Partisan is when you think of ways to destroy rather than to build. When you play partisan politics you are playing a small game. And the American people are sincerely sick of it.

We can fight. I am sure we will. But at the end of the day. We need to come together and do the people=s work. Our differences can fuel the creative process. We can challenge each other to get it right. But that is the goal-- to get it right-- and not to tear down the other side.

Because of term limits I am afraid that we might forget some of the lore of the legislature. So I want to just recall some things that otherwise might be forgotten. Although I have to say it seems odd to be in this situation. I feel like I just got here myself.

When I first got here there was an old cowboy here named Bob Shoemaker. He was from Lola Spradley=s district. He told me to go out to lunch with the other legislators. He said, AThey don=t vote for your bills because they like your bills. They vote for your bills because they like you.

After you=re here for a while you will see that practically every day you get something new on your desk. Nothing big. But perhaps you will get a coffee cup or some candy from the Colorado Association of Organizations or some such group. I remember one day when we got jump ropes and Norma Anderson and I started to try them out in the well. We weren=t in session but Tim Foster told us to stop. He said it wasn=t respectful and he was right.

There is a tree planted out on the front lawn of the Capitol. Steve Aquafresca brought it over from the western slope and we planted it there in memory of Bud Moellenberg who died while we were in session. I don=t want people to forget which tree that is.

I don=t want people to forget that we are supposed to hiss when someone offers a third reading amendment.

And another thing that I will never forget was Kathy Williams at her press conference yesterday saying that she was dropping her contest because it was not worth the partisanship that it creates and that she didn=t want the representation of her district to suffer because constituents might be confused about who was really their Representative. She wished Lois all the luck in the world. She felt the integrity of the process was more important than her own political career.

I remember the first time I met Russell George. We were in the same orientation group. A Republican from Rifle, Colorado. He smiled a lot. I was sure he was up to no good. Since then he has become a respected colleague. When you talk to him about a bill he really listens and if he isn=t going to support it, he has a good reason. I remember I once told Russell that I felt better when he voted against one of my bills than I did when some other people voted for them. Nolbert Chavez and I agreed one day that if Russell told you that he was against a bill of ours we thought, AHmm, I guess the bill isn=t as good as I thought.@ ( The other Russell story?)

I urge you to remember things that happen here and repeat them to new people. We need to somehow continue a tradition of respect for the institution.

Engage yourself in the process. Don=t worry about the outcome. You can=t control whether a bill passes; you can just control the work, the thought and the honesty you put into it.

I am speaking for the Democrats today. And we speak for Justice and the community. We want an excellent public education system. One that gives every child regardless of wealth an equal opportunity to succeed in the world. We want to protect the environment because that is a community asset and we value our state=s awesome beauty and we want to protect a worker=s ability to organize because we know how hard it is for an individual worker to negotiate on his own with a large company. We will endeavor to advocate for positions that our based on our values. And when we differ with you we will do so with respect. For we recognize that you to have important values that we need in our society and that you are doing what you feel is best for Colorado as well. All that we ask is that you respect us as well so that we leave here at the end of the day we will know that we all sought in good faith to honor the trust that we were given.

_______________

 

On motion of Representative Dean, a committee of three was appointed by the Speaker to notify the Senate that the House was organized and ready for business. The Speaker appointed Representatives Ament, Chairman, Alexander, and Hagedorn.

_______________

House in recess.

_______________

A Senate committee composed of Senators Wham, Teck, and Hernandez notified the House that the Senate was organized and ready for business.

_______________

House reconvened.

_______________

 

MESSAGES FROM THE SENATE

Mr. Speaker:

The Senate has adopted and transmits herewith: SJR99-001. Pursuant to the resolution, the President appointed Senators Dennis and Martinez.

The Senate has adopted and transmits herewith: SJR99-002 and 003.

The Senate has adopted and transmits herewith: SJR99-005. Pursuant to the resolution, the President appointed Senators Blickensderfer and Feeley to escort Governor-elect Owens, and Senators Wham and Martinez to escort Lieutenant Governor-elect Rogers.

_________

The Senate has adopted and transmits herewith: SJR99-004, amended as printed in Senate Journal, January 6.

______________

INTRODUCTION AND CONSIDERATION OF RESOLUTION

The following resolution was read by title and given immediate consideration:

SJR99-001 by Senators Blickensderfer, Powers, Feeley; also Representatives Dean, George, Gordon--Concerning the appointment of a joint committee to notify the Governor that the first regular session of the sixty-second general assembly is organized and ready to transact business.

On motion of Representative Dean, the rules were suspended, the resolution given immediate consideration and adopted by viva voce vote.

The Speaker appointed Representatives Lawrence, Chairman, Johnson, Clarke pursuant to the resolution.

_______________

House in recess. House reconvened.

_______________

 

Representative Lawrence reported that the Office of the Governor had been notified that the House was ready for business.

_______________

Representative Alexander reported that the Senate had been notified that the House was ready for business.

_______________

 

INTRODUCTION AND CONSIDERATION OF RESOLUTIONS

The following resolutions were read by title and given immediate consideration:

HR99-1001 by Representatives Dean, George, Gordon--Concerning the temporary rules of the House of Representatives.

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado:

That the rules of the House of Representatives of the Sixty-first General Assembly be made the temporary Rules of the House of Representatives of the Sixty-second General Assembly, except as hereinafter provided.

Be It Further Resolved, That, until such time as permanent Rules are adopted by the House of Representatives, the temporary Rules of the House of Representatives may be amended upon the affirmative vote of a majority of all members elected to the House of Representatives.

On motion of Representative Dean, the rules were suspended and the resolution given immediate consideration and adopted by viva voce vote.

_________

SJR99-002 by Senators Blickensderfer, Powers, Feeley; also Representatives Dean, George, Gordon--Concerning the adoption of the Joint Rules as the temporary rules of the sixty-second General Assembly.

On motion of Representative Dean, the rules were suspended and the resolution given immediate consideration and adopted by viva voce vote.

_________

SJR99-003 by Senators Blickensderfer, Powers, Feeley; also Representatives Dean, George, Gordon--Concerning a joint session of the House of Representatives and the Senate of the Sixty-second General Assembly for the purpose of canvassing the votes for certain officials at the election held November 3, 1998.

On motion of Representative Dean, the rules were suspended and the resolution given immediate consideration and adopted by viva voce vote.

_______________

House in recess for joint session.

_______________

 

JOINT SESSION

The Joint Session was called to order by the Speaker of the House, Russell George.

On motion of Senator Blickensderfer, the morning roll call of the Senate was made the roll call of the Joint Session.

Present--35.

On motion of Representative Dean, the morning roll call of the House was made the roll call of the Joint Session.

Present--65.

The Speaker declared a quorum present and as is customary presented the gavel to the President of the Senate to preside over the joint session.

______________

 

COMMUNICATIONS FROM THE SECRETARY OF STATE

STATE OF COLORADO

Department of

State

UNITED STATES OF AMERICA ) SS. Certificate

STATE OF COLORADO )

TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF COLORADO

I have canvassed the "Abstract of Votes cast in the General Election of November 3, 1998, in the State of Colorado and do so state that, to the best of my knowledge and belief, the attached list represents the votes cast for Governor, Lt. Governor, Secretary of State, State Treasurer, Attorney General, State Board of Education and Regents of the University of Colorado at that General Election.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Colorado, at the City and County of Denver this 6th day of January, A.D., 1999.

(Signed)

Victoria Buckley

Secretary of State

_______________

Governor/Lieutenant Governor

Bill Owens/Joe Rogers, Republican 648,202

Gail Schoettler/Bernie Buescher, Democrat 639,905

Sandra D. Johnson/Dan Cochran, Libertarian 22,202

Tim Leonard/Leslie Hanks, American Constitution 10,998

Secretary of State

Ric Bainter, Democrat 563,945

Vikki Buckley, Republican 614,760

Rolland Fraser, Natural Law 10,234

Geoffrey Lloyd, Libertarian 31,765

Patricia Craven, Colo Reform 16,527

Clyde Harkins, Amer Const 14,668

State Treasurer

Jim Polsfut, Democrat 561,329

Mike Coffman, Republican 638,521

Cynthia S. Burke, Natural Law 27,424

David Bryant, Libertarian 29,560

Attorney General

John Suthers, Republican 601,774

Ken Salazar, Democrat 634,159

Wayne White, Libertarian 33,470

Regent of the University of Colorado - at large

Jim Martin, Republican 641,551

Douglas Naiman, Democrat 438,473

Dean Myerson, Green Party 41,145

Barbara Foster, Natural Law 39,133

Earl F. Dodge, Colo Prohibition 9,930

Regent of the University of Colorado - Congressional District 1

Susan C. Kirk, Democrat 101,170

John E. DeLauro, Republican 51,918

Regent of the University of Colorado - Congressional District 4

Tom Lucero, Republican 135,315

Edward C. Krug, Democrat 68,029

State Board of Education - Congressional District 5

John Burnett, Republican 171,231

Noreve Fraser, Natural Law 28,735

State Board of Education - Congressional District 6

Edna M. Donar, Democrat 87,822

Randy, DeHoff, Republican 104,858

_______________

The following declaration was given by Senator Powers.

I do hereby declare that upon examination of the abstract of votes cast in the November 3, 1998, general election for the executive officers of the state of Colorado from sixty-three counties, the following named persons, having the highest number of votes, are hereby elected to the following offices:

Governor Bill Owens, Republican

Lt. Governor Joe Rogers, Republican

Sec'y of State Victoria Buckley, Republican

Treasurer Mike Coffman, Republican

Att'y General Ken Salazar, Democrat

On motion of Representative Dean, the Communications from the Secretary of State were ordered printed in the House Journal.

On motion of Senator Blickensderfer, the Joint Session was dissolved.

_______________

House reconvened.

__________

 

The Speaker read the following list of appointments:

Representative Kaufman was appointed Speaker Pro Tempore of the House of Representatives.

_________

HOUSE COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

13 members: Representatives Young, Chairman; Johnson, Vice-Chairman; Alexander, Ament, Coleman, Gagliardi, Grossman, Miller, Plant, Smith, Spradley, Taylor, Webster

APPROPRIATIONS

11 members: Representatives Tool, Chairman; Berry, Vice-Chairman; Allen, Ament, Bacon, McPherson, Saliman, Spence, Tapia, Vigil, Young

BUSINESS AFFAIRS & LABOR

13 members: Representatives Taylor, Chairman; T. Williams, Vice-Chairman; Ament, Coleman, Kester, Larson, May, McKay, Miller, Spradley, Takis, Tate, Zimmerman

EDUCATION

11 members: Representatives Allen, Chairman; Gotlieb, Vice-Chairman; Bacon, Decker, Keller, King, Lee, Spence, Sullivant, Tupa, Windels

FINANCE

13 members: Representatives McPherson, Chairman; Sullivant, Vice-Chairman; Fairbank, Keller, King, McKay, Paschall, Pfiffner, Stengel, Takis, Tapia, Tate, Vigil

HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS

13 members: Representatives Morrison, Chairman; Alexander, Vice-Chairman; Chavez, Clarke, Fairbank, Hagedorn, Hefley, Johnson, Lawrence, Leyba, Mitchell, Tochtrop, Witwer

JUDICIARY

13 members: Representatives Kaufman, Chairman; Lawrence, Vice-Chairman; Clarke, Decker, Grossman, Hefley, Leyba, McPherson, Mitchell, Morrison, Spence, Veiga, S. Williams

LOCAL GOVERNMENT

11 members: Representatives Smith, Chairman; Sinclair, Vice-Chairman; Clapp, Kester, Mace, Plant, Ragsdale, Swenson, Veiga, Webster, T. Williams

STATE, VETERANS, AND MILITARY AFFAIRS

13 members: Representatives McElhany, Chairman; Paschall, Vice-Chairman; Clapp, Gagliardi, Hagedorn, Lee, Nuñez, Pfiffner, Sinclair, Stengel, Tochtrop, Tupa, Windels

TRANSPORTATION

11 members: Representatives Swenson, Chairman; Larson, Vice-Chairman; Gotlieb, Mace, May, McElhany, Nuñez, Ragsdale, S. Williams, Witwer, Zimmerman

OTHER PERMANENT COMMITTEES

HOUSE SERVICES

3 members: Representatives Lawrence, Chairman; Alexander, Chavez

CAPITAL DEVELOPMENT

3 House members: Representatives Ament, Chairman; Lawrence, Veiga

JOINT BUDGET

3 House members: Representatives Tool, Vice-chairman; Berry, Saliman

LEGAL SERVICES

5 House members: Representatives Grossman, Kaufman, Miller, Morrison, Smith

LEGISLATIVE AUDIT

4 House members: Representatives Clarke, Leyba, Pfiffner, Taylor

LEGISLATIVE COUNCIL

9 House members: Representatives George, Vice-Chairman; Bacon, Dean, Gordon, Gotlieb, Grossman, Johnson, Mitchell, Sullivant

EXECUTIVE COMMITTEE OF LEGISLATIVE COUNCIL

3 House members: Representatives George, Vice-Chairman; Dean, Gordon

_______________

On motion of Representative Dean, the appointments to Legislative Council were confirmed by the following roll call vote:

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Ament Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

 

 

Hagedorn Y

Hefley Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

 

Miller Y

Mitchell E

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y

 

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_________

On motion of Representative Dean, the appointments to Legislative Audit were confirmed by the following roll call vote:

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Ament Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

 

 

Hagedorn Y

Hefley Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

 

Miller Y

Mitchell E

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y

 

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_________

On motion of Representative Dean, the appointments to Legislative Legal Services were confirmed by the following roll call vote:

YES 64 NO 0 EXCUSED 1 ABSENT 0

Alexander Y

Allen Y

Ament Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

 

 

Hagedorn Y

Hefley Y

Johnson Y

Kaufman Y

Keller Y

Kester Y

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

 

Miller Y

Mitchell E

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Sullivant Y

Swenson Y

 

Takis Y

Tapia Y

Tate Y

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams, S. Y

Williams, T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

 

House in recess. House reconvened.

______________

 

INTRODUCTION OF BILLS

First Reading

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

HB99-1001 by Representative McPherson--Concerning the refunding of all state revenues in excess of the constitutional limitation on state fiscal year spending for any given fiscal year that the voters statewide have not authorized the state to retain.

Committee on Finance

HB99-1002 by Representatives Alexander, Berry, Miller, Young; also Senator Musgrave-Concerning the exemption of farm equipment from state sales and use tax.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1003 by Representatives McElhany, Dean, Johnson, May, McKay, McPherson, Nunez, Swenson; also Senator Arnold--Concerning the elimination of the state income tax marriage penalty.

Committee on Finance

HB99-1004 by Representative Plant--Concerning the creation of a voluntary contribution on Colorado income tax returns for

the purpose of allowing individuals to make contributions to benefit public education.

Committee on Education

Committee on Finance

HB99-1005 by Representative Larson; also Senator Chlouber--Concerning the use of a direct payment permit number by a qualified purchaser in connection with sales that are subject to sales and use tax.

Committee on Finance

HB99-1006 by Representative Nunez--Concerning a reduction in the annual allowable increase in total state general fund appropriations, and, in connection therewith, reducing the allowable increase from the lesser of five percent of Colorado personal income or six percent over general fund appropriations for the previous fiscal year to the lesser of five percent of Colorado personal income or five percent over general fund appropriations for the previous fiscal year.

Committee on Finance

HB99-1007 by Representative Hefley--Concerning the reduction of taxes.

Committee on Finance

HB99-1008 by Representative Stengel; also Senator Andrews--Concerning the reduction of the state income tax rate.

Committee on Finance

HB99-1009 by Representative Sullivant; also Senator Owen--Concerning the reinstatement of the sales and use tax exemption for coins and precious metal bullion.

Committee on Finance

HB99-1010 by Representative Lawrence; also Senator Powers--Concerning the authorization of the state lottery division to conduct instant scratch lotteries based upon the game of chance commonly known as bingo.

Committee on Finance

HB99-1011 by Representative Lee; also Senator Lamborn--Concerning the refunding of state revenues in excess of the constitutional limitation on state fiscal year spending for any given fiscal year.

Committee on Finance

HB99-1012 by Representatives McKay, Pfiffner--Concerning the adjustment of the ratio of valuation for assessment for residential real property.

Committee on Finance

HB99-1013 by Representatives Spradley, Stengel--Concerning reduction of property taxes.

Committee on Finance

HB99-1014 by Representative Coleman; also Senator Lamborn--Concerning the requirements for annual information to be provided to the Colorado department of revenue relating to amounts withheld for Colorado income tax purposes.

Committee on Finance

HB99-1015 by Representative Taylor--Concerning the exemption of food sold through vending machines from the state sales and use tax.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1016 by Representatives Johnson, Smith, Spradley; also Senator Wattenberg--Concerning an exemption of substances provided to livestock from the state sales and use tax.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1017 by Representative Chavez; also Senator Reeves--Concerning appeals of disputed individual responsibility contracts under the Colorado works program.

Committee on Health, Environment, Welfare, & Institutions

HB99-1018 by Representative Clarke--Concerning prenatal care for undocumented aliens, and making an appropriation therefor.

Committee on Health, Environment, Welfare, & Institutions

Committee on Appropriations

HB99-1019 by Representatives Morrison, Alexander, Hagedorn, Johnson; also Senators Wham, Rupert--Concerning the creation of the Colorado health care task force, and, in connection therewith, abolishing the joint review committee for the medically indigent and the medical assistance reform advisory committee.

Committee on Health, Environment, Welfare, & Institutions

HB99-1020 by Representative Mitchell--Concerning the periodic revision of emission inventories for air pollutants in identified areas of the state.

Committee on Health, Environment, Welfare, & Institutions

HB99-1021 by Representative Chavez--Concerning material that may be used for defacement of property.

Committee on Judiciary

HB99-1022 by Representative Gagliardi--Concerning a prohibition on overtaking another motor vehicle while in a school zone.

Committee on Transportation & Energy

HB99-1023 by Representative May; also Senator Powers--Concerning revenues allocated to the capital construction fund for state highway projects, and making an appropriation in connection therewith.

Committee on Transportation & Energy

Committee on Appropriations

HB99-1024 by Representative Swenson; also Senator Arnold--Concerning the regulation of towing carriers that tow abandoned vehicles from private property.

Committee on Transportation & Energy

HB99-1025 by Representative Veiga--Concerning identification of drivers who may not be qualified to drive.

Committee on Transportation & Energy

HB99-1026 by Representative Fairbank; also Senator Evans--Concerning procedures for the revocation of drivers' licenses.

Committee on Transportation & Energy

HB99-1027 by Representative Williams S.--Concerning mandatory denial of a driver's license as penalty for certain criminal mischief convictions.

Committee on Judiciary

HB99-1028 by Representative Gotlieb--Concerning authorizing the department of revenue to accept additional forms of payment for payment of moneys relating to the operation of motor vehicles.

Committee on Transportation & Energy

HB99-1029 by Representatives McElhany, Dean, Johnson, May, McKay, McPherson, Nunez, Swenson; also Senator Lamborn--Concerning the elimination of the state sales tax on telephone and telegraph services.

Committee on State, Veterans, & Military Affairs

HB99-1030 by Representative Allen; also Senator Powers--Concerning the increase of the privatization of the regional transportation district's bus service operations to thirty-five percent.

Committee on Local Government

HB99-1031 by Representative Swenson; also Senator Powers--Concerning requirements for highway project bid awards where there are less than three bidders on the project.

Committee on Transportation & Energy

HB99-1032 by Representative Tochtrop; also Senator Chlouber--Concerning the issuance of special license plates for motorcycles owned by certain military veterans.

Committee on State, Veterans, & Military Affairs

HB99-1033 by Representative Sullivant--Concerning protection of vehicles.

Committee on Transportation & Energy

HB99-1034 by Representatives Smith, Miller; also Senators Dennis, Thiebaut--Concerning intrastate commercial air service in Colorado, and making an appropriation therefor.

Committee on Transportation & Energy

Committee on Appropriations

HB99-1035 by Representative Williams S--Concerning authorization for the provision of retail or commercial goods and services at public transportation transfer facilities located on property owned by the department of transportation.

Committee on Transportation & Energy

HB99-1036 by Representative Sullivant; also Senator Wattenberg--Concerning the authority of the transportation commission to regulate hours during which hazardous materials may be transported through the Eisenhower tunnel.

Committee on Transportation & Energy

HB99-1037 by Representative Windels--Concerning the authority of a school district to prohibit certain expelled students from enrolling in certain schools.

Committee on Education

HB99-1038 by Representative King; also Senator Anderson--Con-cerning the creation of a program presenting financial awards to excellent schools, and making an appropriation therefor.

Committee on Education

Committee on Appropriations

HB99-1039 by Representative Clapp--Concerning background checks for prospective school employees.

Committee on State, Veterans, & Military Affairs

 

HB99-1040 by Representative Gotlieb; also Senator Wham--Concerning benefit retirement systems for school districts.

Committee on Education

HB99-1041 by Representative Miller--Concerning authorization for meetings of boards of cooperative services to be conducted using video teleconferencing technology.

Committee on Education

Committee on Appropriations

HB99-1042 by Representatives Mace, Gotlieb; also Senators Hernandez, Arnold, Tebedo--Concerning evaluations for disabilities of certain suspended students.

Committee on Education

HB99-1043 by Representative Tool; also Senator Wattenberg--Concerning payment of fees to the Colorado state university professional veterinary medicine program.

Committee on Education

HB99-1044 by Representatives Spence, Allen, King; also Senator Hillman--Concerning waivers of requirements imposed on school districts.

Committee on Education

HB99-1045 by Representatives Gotlieb, Mace; also Senators Tebedo, Arnold, Hernandez--Concerning education of gifted students.

Committee on Education

HB99-1046 by Representative Mace; also Senator Tebedo--Concerning dropout prevention strategies.

Committee on Education

HB99-1047 by Representative Allen--Concerning extension of financial aid to students enrolled in private occupational schools.

Committee on Education

HB99-1048 by Representative Pfiffner--Concerning limitations on the amount a governmental entity may charge as a result of the late payment of an amount due and owing to such entity.

Committee on Finance

HB99-1049 by Representatives Paschall, Hefley; also Senator Arnold--Concerning the procedural requirements for the selection of an independent medical examiner in cases of disputes under the "Workers' Compensation Act of Colorado".

Committee on Business Affairs & Labor

HB99-1050 by Representative Smith; also Senator Dennis--Concerning the creation of a process for the development of water projects to increase the water resources available to the citizens of Colorado, and, in connection therewith, providing for mitigation of the impact of said projects, establishing a water project assistance fund, and making an appropriation.

Committee on Agriculture, Livestock, & Natural Resources

Committee on Appropriations

HB99-1051 by Representatives George, Gordon, Gotlieb, Larson, Leyba, Morrison, Williams S.; also Senators Dyer, Lacy, Rupert--Concerning the regulation of the practice of naturopathy.

Committee on Health, Environment, Welfare, & Institutions

HB99-1052 by Representative Ragsdale--Concerning provisions making it mandatory to offer health insurance coverage for breast pumps.

Committee on Health, Environment, Welfare, & Institutions

HB99-1053 by Representatives Ament, Johnson; also Senator Dennis--Concerning exemptions under the federal "Safe Drinking Water Act".

Committee on Agriculture, Livestock, & Natural Resources

HB99-1054 by Representative Gotlieb; also Senator Chlouber--Concerning the repeal of sunset dates associated with the operation of water conservation programs.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1055 by Representatives Taylor, Pfiffner, Leyba; also Senators Reeves, Linkhart--Concerning annual reports of the Colorado state fair authority.

Committee on Agriculture, Livestock, & Natural Resources

HB99-1056 by Representatives Berry, Dean, Zimmerman; also Senator Phillips--Concerning the emergency response to hazardous substance incidents, and making an appropriation therefor.

Committee on Agriculture, Livestock, & Natural Resources

Committee on Appropriations

HB99-1057 by Representative Larson--Concerning the modification of the length of time for which title insurance documents must be retained.

Committee on Business Affairs & Labor

HB99-1058 by Representative Tapia--Concerning the required filing of a preliminary notice with a principal contractor as a prerequisite to claiming a mechanic's lien for labor performed or materials furnished.

Committee on Business Affairs & Labor

HB99-1059 by Representative Swenson; also Senator Dennis--Concerning abuse of property insurance.

Committee on Business Affairs & Labor

HB99-1060 by Representative Allen--Concerning the payment of costs by owners for locating utility lines.

Committee on Business Affairs & Labor

HB99-1061 by Representative Williams T.--Concerning requirements for the payment of unemployment insurance benefits.

Committee on Business Affairs & Labor

HB99-1062 by Representative Berry; also Senators Reeves, Feeley--Concerning the amount of benefits paid to members of the statewide death and disability plan who become totally disabled while a member of the fire and police pension association.

Committee on Local Government

HB99-1063 by Representative Dean; also Senators Tebedo, Feeley--Concerning termination upon remarriage of benefits paid under the statewide death and disability plan to a surviving spouse of a fire and police pension association member who dies while in active service.

Committee on Local Government

HB99-1064 by Representative Clarke--Concerning additional restrictions on applications for high-impact solid waste management facilities.

Committee on Local Government

HB99-1065 by Representative Sinclair--Concerning club liquor licensees.

Committee on Local Government

HB99-1066 by Representative Vigil; also Senator Nichol--Concerning a requirement that servicers of residential real estate mortgages pay interest at least annually on amounts maintained in escrow accounts.

Committee on Business Affairs & Labor

HB99-1067 by Representative Webster--Concerning local government housing authorities, and, in connection therewith, specifying that housing authorities are political subdivisions for the purpose of promoting intergovernmental relations and authorizing the governing body of a local government creating a housing authority to specify the number of commissioners serving on such housing authority.

Committee on Local Government

HB99-1068 by Representative Kester; also Senator Dennis--Concerning offenders sentenced directly to a community corrections program who fail to complete their sentence.

Committee on Judiciary

HB99-1069 by Representative Clarke--Concerning voluntary dismissal of certain persons from jury service based on age.

Committee on Judiciary

HB99-1070 by Representative Leyba; also Senator Reeves--Concerning the ages of the parties involved in the crime of second degree sexual assault.

Committee on Judiciary

HB99-1071 by Representative Witwer--Concerning the granting of immunity to licensed physicians from civil liability while performing volunteer work.

Committee on Judiciary

HB99-1072 by Representative McPherson--Concerning immunity from civil liability for an employer who provides information about an employee to such employee's prospective employer.

Committee on Judiciary

HB99-1073 by Representative Gordon--Concerning the division of public employee retirement benefits in a domestic relations action.

Committee on Judiciary

HB99-1074 by Representative Tate; also Senator Rupert--Concerning expansion of the crime of ethnic intimidation, and, in connection therewith, changing the name of the crime to a hate crime.

Committee on Judiciary

HB99-1075 by Representative Kaufman--Concerning court administration of bail bonds issued by compensated sureties.

Committee on Judiciary

HB99-1076 by Representatives Pfiffner, Leyba, and Taylor; also Senators Powers, Linkhart, Reeves--Concerning the use of objective measures of competence other than competitive examinations for the selection of persons for employment in the state personnel system.

Committee on State, Veterans, & Military Affairs

HB99-1077 by Representatives Taylor, Pfiffner; also Senators Reeves, Linkhart, Powers--Concerning the creation of a statewide system for tracking employment claims against the state for the purpose of risk management, and, in connection therewith, establishing a pilot program for the purpose of developing such a system.

Committee on Business Affairs & Labor

HB99-1078 by Representatives Leyba, Pfiffner, Taylor; also Senators Powers, Linkhart, Reeves--Concerning authorization for personal services contracts in excess of six months for temporary employment of persons by the state.

Committee on State, Veterans, & Military Affairs

HB99-1079 by Representatives Hagedorn, May; also Senator Tebedo--Concerning the use of digital signatures.

Committee on State, Veterans, & Military Affairs

HB99-1080 by Representative Smith; also Senator Epps--Concerning the application of section 415 of the federal "Internal Revenue Code of 1986", as amended, to the public employees' retirement association, and, in connection therewith, modifying the provisions governing the purchase of service credit to conform to federal law.

Committee on Local Government

HB99-1081 by Representative Zimmerman--Concerning electronic access to public information maintained by the secretary of state.

Committee on State, Veterans, & Military Affairs

HB99-1082 by Representative Takis; also Senator Martinez--Concerning the requirement that official communication by mail with any registered elector be sent to the elector's address of record unless the elector has affirmatively requested that such communication be sent to his or her deliverable mailing address.

Committee on State, Veterans, & Military Affairs

HB99-1083 by Representative Saliman, Smith, Tochtrop--Concerning a requirement that notice of certain provisions of the "Mobile Home Park Act" be provided to a mobile home owner whose tenancy is being terminated.

Committee on Local Government

HB99-1084 by Representative Berry; also Senator Reeves--Concerning certification of ballots.

Committee on State, Veterans, & Military Affairs

HB99-1085 by Representative Lawrence--Concerning the asset test for determining eligibility for children under the medical assistance program, and making an appropriation therefor.

Committee on Health, Environment, Welfare, & Institutions

Committee on Appropriations

HB99-1086 by Representative Larson; also Senator Wham--Concerning a requirement that providers of health care services display certain identifying information when providing health care services.

Committee on Health, Environment, Welfare, & Institutions

HB99-1087 by Representative Decker--Concerning certain substances used to manufacture controlled substances.

Committee on Judiciary

HB99-1088 by Representative Morrison--Concerning medically necessary therapy for children up to five years of age, and, in connection therewith, specifying coverage for the care and treatment of medically diagnosed congenital defects and birth abnormalities.

Committee on Health, Environment, Welfare, & Institutions

HB99-1089 by Representative Paschall; also Senator Rupert--Concerning the definition of cash assistance for purposes of the Colorado works program.

Committee on Health, Environment, Welfare, & Institutions

HB99-1090 by Representatives Keller, Morrison; also Senator Wham--Concerning the protection of persons from restraint.

Committee on Health, Environment, Welfare, & Institutions

 

HB99-1091 by Representative Hagedorn; also Senator Linkhart--Concerning the sixty-month lifetime maximum for the receipt of benefits under the Colorado works program.

Committee on Health, Environment, Welfare, & Institutions

HB99-1092 by Representatives Dean, Ament; also Senator Phillips--Concerning reimbursements to the Colorado state patrol for costs incurred in mitigating a hazardous substance incident.

Committee on Health, Environment, Welfare, & Institutions

 

HB99-1093 by Representative Lawrence--Concerning additional funds for the children's basic health plan, and making an appropriation therefor.

Committee on Health, Environment, Welfare, & Institutions

Committee on Appropriations

HB99-1094 by Representative Grossman; also Senator Arnold--Concerning aggravated juvenile offenders.

Committee on Judiciary

HB99-1095 by Representative Tupa; also Senator Arnold--Concerning the prohibition of drugs associated with drug-induced rape.

Committee on Judiciary

HB99-1096 by Representative Bacon--Concerning the employment of probationary teachers.

Committee on Education

HB99-1097 by Representative Dean; also Senator Blickensderfer--Concerning election contests for members of the general assembly when the outcome of an election in a legislative district is uncertain, and, in connection therewith, creating a special legislative election procedure.

Committee on State, Veterans, & Military Affairs

HB99-1098 by Representatives Spradley, Dean, Decker, Hefley, Kester, May, McElhany, Mitchell, Nunez, Paschall, Stengel, Webster, Witwer; also Senators Lamborn, Congrove, Epps--Concerning the reduction of the state income tax rate.

Committee on Finance

HB99-1099 by Representatives Sullivant, Spence, Clapp; also Senator Blickensderfer--Concerning the priority of municipal incorporation proceedings commenced for an area containing a specified number of inhabitants over municipal annexation proceedings affecting all or any part of the same area.

Committee on Local Government

______________

PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB99-1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, and 1046.

_______________

On motion of Representative Dean, the House adjourned until 9:00 a.m., January 7, 1999.

Approved:

 

 

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk