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.

Seventh Legislative Day Tuesday, January 12, 1999

Prayer by Pastor Brad Strait, South Presbyterian Church, Littleton.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--62.

Absent and excused--Representatives Decker, McElhany, Tate--3.

Present after roll call--Representatives McElhany, Tate.

The Speaker declared a quorum present.

On motion of Representative Coleman, the reading of the journal of January 11, 1999, was dispensed with and approved as corrected by the Chief Clerk.

LOCAL GOVERNMENT

After consideration on the merits, the Committee recommends the following:

HB99-1083 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 23, strike "What the home owner can do to cure";

line 24, strike "the noncompliance if" and substitute "If".

Page 3, strike line 1 and substitute the following: "CURE PERIODS: If the home owner has a right to cure under the "Mobile Home Park Act", the landlord or management of";

strike lines 5 and 6 and substitute the following: "noncompliance. "Cure"".

Page 4, line 5, strike "at" and substitute "not less than";

line 6, strike "least".

HB99-1099 be referred to the Committee of the Whole with favorable recommendation.

The Chief Clerk reports the following bills have been correctly printed: HB99-1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, and 1152.

The following resolution was read by title and laid over one day under the rules:

SJR99-007 by Senator Lacy; also Representative Tool--Concerning budget review by committees of reference.

On motion of Representative Dean, HB99-1099 shall be made Special Orders on Tuesday, January 12, 1999, at 9:13 a.m.

The hour of 9:13 a.m., having arrived, on motion of Representative Smith, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

The Committee of the Whole having risen, the Chairman reported the title of the following bill had been read (reading at length had been dispensed with by unanimous consent), the bill considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

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.

Ordered engrossed and placed on the Calendar for Third Reading and Final Passage.

Passed Second Reading: HB99-1099.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was adopted.

YES 63 NO 1 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 E

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 Y

Morrison Y

Nuñez Y

Paschall N

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

EDUCATION

After consideration on the merits, the Committee recommends the following:

HB99-1040 be referred to the Committee of the Whole with favorable recommendation.

HB99-1043 be referred to the Committee of the Whole with favorable recommendation.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

After consideration on the merits, the Committee recommends the following:

HB99-1017 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, after line 1, insert the following:

"SECTION 1.  26-2-708 (3), Colorado Revised Statutes, is amended to read:

26-2-708.  Benefits - assessment - individual responsibility contract - screening for domestic violence. (3)  The IRC shall contain provisions in bold print at the beginning of the document that notify the participant of the following:

(a)  That no individual is legally entitled to any form of assistance under the Colorado works program;

(b)  That the IRC is a contract that contains terms and conditions governing the participant's receipt of assistance under the Colorado works program and that nothing in such contract may be deemed to create a legal entitlement to assistance under the Colorado works program; and

(c)  That the participant's failure to comply with the terms and conditions of the IRC may result in sanctions, including but not limited to the termination of any cash assistance; and

(d)  That the applicant or participant shall indicate by signature on the IRC either agreement with the terms and conditions of the IRC or that the applicant or participant requests a county level review of the proposed IRC in accordance with section 26-2-710 (4) on the grounds that the proposed IRC is unreasonable within the context of the county's written policies.".

Renumber succeeding sections accordingly.

Page 2, strike lines 4 through 9, and substitute the following:

"(4) (a)  An applicant or participant who believes the IRC proposed by the county is unreasonable has a right to request a review of the proposed IRC by the county department pursuant to a process designated by the county in its written county policy. If the applicant or participant requests such review, the county shall provide the applicant or participant the opportunity for a county level review by a person not directly involved in the initial determination. The review shall be limited to determining whether the terms of the disputed IRC are reasonable within the context of the county's written policy. The reviewer shall issue a written decision for the county regarding the resolution of the outstanding issues involving the proposed IRC. The time frame for such review shall be specified by the county in its written county policy.

(b)  If the applicant or participant is not satisfied with the decision rendered by the county pursuant to the county level review, the applicant or participant has a right to appeal the county's decision to the state department within ten working days after receipt of the reviewer's written determination. On appeal, the review of the county decision shall be limited to a determination of whether the county's decision based on the individual county's written policy and as applied to the applicant or participant was reasonable and was not arbitrary or capricious.

(c)  During the pendency of the county review and any appeal to the state department, the receipt of cash assistance shall count toward the participant's twenty-four-cumulative-month requirement for work participation and toward the sixty-month requirement for lifetime assistance.".

On motion of Representative Dean, the House adjourned until 9:00 a.m., January 13, 1999.

Senator Ray Powers, President of the Senate, called the Joint Session to order at 11:00 a.m.

President Powers requested the Escort Committee, composed of Senators Wham and Martinez and Representatives Berry, McPherson, and Bacon to escort Lieutenant Governor-elect Joe Rogers and Mrs. Rogers to the platform.

President Powers requested the Escort Committee, composed of Senators Blickensderfer and Feeley and Representatives Allen, Dean, and Gordon to escort Governor-elect William F. Owens and Mrs. Owens to the platform.

President Powers requested Father Dorino DeLazzer of St. Michael the Archangel Church to give the invocation.

President Powers announced the Posting of the Colors by the Colorado National Guard.

The National Anthem was played by the 101^st Colorado National Guard Band, and "America the Beautiful" was sung by the Colorado Children's Chorale.

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

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

President Powers declared a quorum present.

Speaker of the House of Representatives, Russell George, presented the following elected officials and they were administered the oath of office by Chief Justice Mullarkey:

Members-elect of the State Board of Education:

The Honorable John Burnett and Randy DeHoff.

Attorney General-elect: The Honorable Ken Salazar

Treasurer-elect: The Honorable Michael H. Coffman

Secretary of State-elect: The Honorable Victoria Buckley

Lieutenant Governor-elect: The Honorable Joe Rogers

President Powers announced that CU Regent-elect Tom Lucero will be sworn in later in the afternoon and CU Regents Jim Martin and Suzanne Kirk have already been sworn in.

Governor Roy Romer introduced Governor-elect Bill Owens and the Honorable Bill Owens was issued the oath of office by Chief Justice Mullarkey.

Speaker George presented Governor William F. Owens who then gave an inaugural address.

Ruffles and Flourishes were performed by the 101^st Army Band, Colorado National Guard, and a nineteen gun salute was performed by the 329 Salute Battery from Fort Carson.

President Powers requested Rabbi Stanley Wagner, Chaplain Emeritus of the Colorado State Senate, to deliver the Benediction.

President Powers requested the Escort Committee to escort Governor Owens and his party to the Executive Chambers.

On motion of Representative Dean the Governor's message and the Inaugural Program was ordered printed in the House Journal.

On motion of Senator Blickensderfer the Joint Session was dissolved.

Standing before you today, I am humbled by this enormous honor the people of Colorado have bestowed upon me. At the same time, I am very aware of the responsibility that comes with this honor. As Colorado's 40th Governor, I will work hard for the next four years to keep your trust and confidence.

On behalf of the people of Colorado, I want to thank Governor Romer for his years of service to the people of Colorado. Governor ­ you have served us well during an important time in Colorado's history. I especially appreciate the consideration and kindness shown to my family and me during the transition period.

And speaking of family, I am grateful that this Inaugural has become an Owens Family Reunion. I am joined here this morning by not only my wife Frances and our children (Monica, Mark and Brett), but also by my mother, three sisters, my brother and many nieces, nephews, cousins and relatives by marriage. I am particularly grateful that my brother Mike and his wife, Jane, joined us from Jakarta, Indonesia, where Mike is a Foreign Service Officer at the American Embassy.

And to my family, I know that you know that Dad is with us in spirit here as well.

One hundred years ago ­ on Tuesday, January 10, 1899, a new Governor was sworn into office to lead Colorado into the twentieth century. Governor Charles Thomas was distinguished by the fact that he not only was Colorado's fourteenth Governor ­ but that he was also the great grandfather of my friend and current Senate Majority Leader, Sen. Charles Thomas Blickensderfer. And Sen. Blickensderfer, you might appreciate the fact that the next day the front page of the Denver Times reported that: "Gov. Thomas Says Reduce Expenses, Calls for Necessity of a General Retrenchment in all State Departments."

Tom, some things never change ­ but one thing will change . . . he spoke for an hour and a half at his inauguration and I'll be a lot more succinct.

Friends, I stand before you this 12th Day of January 1999 having been officially sworn in as Colorado's last Governor of this century ­ and Colorado's first Governor for the next.

I wonder if Ivy Baker Priest, who served as Treasurer of the United States under President Eisenhower, may have had this inauguration day in mind many years ago when she said, "The world is round and the place, which may seem like the end, may also be the beginning."

I am privileged to assume office at a time which to some may seem like the end of a century, but which I see as the beginning ­ a wonderful beginning - of the next 100 years. For just as the decisions and actions of our leaders of a hundred years ago shaped the lives of our people, so will we influence the next one hundred years by the actions we take.

I think it is only natural that we feel that our era is special and our experiences unique. History tells us this feeling is not uncommon ­ that each generation feels itself different from the one before.

But, this ceremony today affords us the opportunity to stretch our minds and think a moment about history, because we do live in a time that represents a perhaps unique crossroads in our history.

God has placed those of us who are privileged to live in these United States in the middle of the most exciting experiment of self-government in the history of the world. Coloradans are especially privileged to live within the beauty of the Rocky Mountains ­ citizens of a state which I believe is the best place in the world to live and raise a family. Our state is fortunate to have as its citizens men and women who can dream ­ and who then can turn those dreams into reality.

Coloradans still reflect a frontier spirit, handed down through the generations. This frontier spirit ­ this independence ­ has led to a sense of self-reliance. Even today, it tells us that there are no limits to our potential. And that is why the image of Colorado has become such a popular notion across our county ­ and indeed, around the world.

So while there have been breathtaking changes over the past century, two things have not changed ­ the natural beauty of Colorado and the warm, generous, independent nature of the people who live here. This combination of natural beauty and the spirit of our people is what makes our state so special. But while this spirit will not change in the years ahead, other things will.

Just think for a moment about what Colorado was like 100 years ago when Governor Charles Thomas took the oath in this Capitol. On that morning in January 1899:

The average Coloradan could expect to live only 47 years. I am particularly glad that this is no longer the case since I celebrated my 48th birthday two months ago.

In 1899 Coloradans were still building horse drawn buggies. Today Coloradans build America's rockets ­ the Titan and Delta.

In 1899 the telegraph was Colorado's communication lifeline. Today we build the computers and state of the art digital phones that link the world.

In 1899 the local opera house was Colorado's center of community entertainment. Today, as the cable capital of the world, we export entertainment to homes in America and around the world every day.

These changes and the traditions built up over the past 100 years give us a strong foundation upon which to build. The question for us today is what will we build on this foundation? What will we do with the responsibility given to us to guide Colorado as we cross from one century to the next?

I believe there is one thing we can do ­ one central guiding principle that should govern virtually everything we do: We can work to expand opportunity. Expand opportunity for all Coloradans. Because I believe, that for all our successes, we can do better. We can be inspired by one of the most famous artists of this century, Pablo Picasso. It is said that in his later years, Picasso was not allowed to roam unattended through art galleries where his works were displayed for he had previously been stopped from trying to improve on one of his old masterpieces.

Most Coloradans would agree that the spirit of Colorado is the spirit of Picasso. We can do better, even when we are improving our own Colorado masterpiece.

We can do better for our children by giving them the opportunity to read and write at grade level ­ if we have the courage to improve public education by putting the needs of the children before the needs of the bureaucracy.

We can do better for our taxpayers by demanding a dollar's worth of value for every taxpayer dollar spent ­ if we have the will to require government to deliver services as efficiently as we demand from the private sector.

We can do better for our citizens by protecting our families and our homes from criminals ­ if we have the determination to appoint tough judges who care as much about the rights of victims as those of criminals.

And we can do better for all our people by delivering a transportation system with the roads and transit Coloradans deserve ­ if we are committed to the right priorities.

So I ask you this inaugural morning to think carefully about whether we are ending the old century or beginning the new.

Is your perspective that of Charles Duell ­ then head of the United States Patent Office who told us at the end of the last century that "Everything that can be invented has already been invented."?

Or do you see - as I do - the unlimited potential of a new century?

Is your perspective that of Popular Mechanics magazine which predicted in 1949 that "computers in the future may perhaps only weigh 1.5 tons"?

Or do you see - as I do - the unlimited potential of a new century?

When Coloradan Jack Swigert and the astronauts of Apollo 13 were adrift in space with only a tiny glimmer of hope that they would ever return home ­ they demonstrated to us both heroism and optimism.

Today Jack's statue represents Colorado in the U.S. Capitol, but his spirit is with us here this morning. And I know if he were here today, that Jack Swigert, one of the true heroes of the 20th century, would be looking forward to the unlimited potential of a new century.

Friends, do you remember when those unforgettable words came from Apollo 13: "Houston, we have a problem."

Today I believe Jack Swigert would tell us: "Colorado ­ we have an opportunity."

Time and time again, Coloradans have proven that we can meet the challenge of a changing world. In the 1980's, when we experienced an economic slump, with the help of Governor Romer and the legislature ­ but mostly because of Colorado's people - we rose to meet the challenge. Today our economy is strong and ranks among the most diversified in the world which forms a strong base upon which to build in the years ahead.

I want to help build an even stronger and more diversified economic base.

I want a Colorado where our citizens have the broadest range of opportunities in the next century . . . a Colorado where every person has access to the chance to improve ones self intellectually, spiritually, and materially.

I want a Colorado where the only limits we face are those which we place upon ourselves . . . a Colorado where those who are strong extend a helping hand to those in need.

And I want a Colorado where every citizen has the opportunity to realize his or her God-given talent and ability.

Robert F. Kennedy put the issue of change in the proper perspective when he said, "few will have the greatness to bend history itself; but each of us can work to change a small portion of events, and in the total of all those acts will be written a history of this generation."

I look forward to working with every Coloradan to change "a small portion of events" so that future generations will look back and say we took advantage of the opportunities offered by these exciting times. Let future generations say that, working together, we met the challenge and made Colorado in the 21st century an even better place to live and raise a family.

God bless you ­ and God bless Colorado.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk