Cortez Journal

Life in the legislature:
Legislative clock is ticking

April 25, 2000

By Rep. Mark Larson

Only fourteen days left in the session, which equates to 10 working days, including Sunday the 30th because the Majority Leader says we are behind ... and as he is saying that, we adjourn for a four day Easter weekend! My sense is that the long weekend is really for the staff that has had to keep up with all the bills, amendments, fiscal notes, research and committee work. They have worked against overwhelming odds and have done a stellar job, despite the legislators’ best efforts! So far the House has introduced 562 bills and the Senate 282. There have been 222 total bills postponed indefinitely or lost and 131 bills have already been signed by the governor, nine of which I have carried either as the prime sponsor or the House sponsor. That's right, if you do the math, we will attempt to finish up 491 bills in just ten days. This should be interesting. There is already a pool circulating the Capitol, guessing the number of bills that will be left on the calendar at the stroke of midnight on May 4. My guess is ... shoot, I don't know, I'm just a freshman. Last year we closed up shop at 10 p.m. with all work completed.

Sometime ago the House rejected an effort by Rep. Sue Windells (D-Arvada) to make the Capitol non-smoking like the rest of our state buildings. That effort was shot down by the House Majority Leader because it was not the proper process (i.e. it was making the change through statute instead of by rule making resolution). The Capitol (except the first floor which is controlled by the Governor and is already smoke free) and Legislative Services Buildings are controlled by our own Legislative Council (a joint committee between the House and Senate). Changes can be made regarding smoking policy either through a resolution voted on by the members which would require the Council to make the changes or by a motion in the Legislative Council where they could act on their own.

After Rep. Windells’ attempt failed, I had a resolution drafted that would make the Capitol and Legislative Services smoke-free buildings. Unfortunately, I could not find a sponsor in the Senate who had an "R" behind his or her name. Isn't it amazing that such a simple health issue could cause such fear and loathing of confrontation? So, my only remaining chance to rid my office of the morning routine of emulating a chimney, was to take the issue before the Legislative Council directly. This time I was only seeking to have the basement smoking area closed. Those who have visited the Capitol will remember this non-ventilated area right next to the cafeteria where all the visiting children congregate and everyone eats. I didn't want to take on the issue of some Senators throwing tantrums because THEY didn't have the choice to smoke on the Senate floor or in their offices. Surprisingly, I found several House members who also threw tantrums and wanted to maintain this double standard even when nothing would change except eliminating the non-ventilated basement smoking room.

I wrote a letter explaining my proposal, had 33 House members sign it (a majority) and proceeded to Legislative Council. This turned out to be the most frustrating time I have experienced in the legislature. Here sits the legislative leadership of our state: the President of the Senate, the President Pro Tem, the Senate Majority Leader, the Speaker of the House, the Speaker Pro Tem, the House Majority Leader and many other leadership positions. We wrestled with this issue for close to an hour with the debate cycling between moving, mitigating or closing the room. I explained that the request in no way infringed on the members ability to smoke in their offices, or on the Senate floor, or in the Senate meeting rooms hallway where all the press members light up (at least they put a fan in the window there). I explained that all I was requesting was elimination of the smoking area that directly affected the visiting children, seniors, staff members and legislators. I explained that I didn't get elected to have no choice but to breath that secondhand smoke and smell it in my room early every morning.

I lost. The vote was 7 for, 10 against and 1 absent. I am exploring any options still available to me to make this right. I have long been against passing laws against smoking in restaurants and other public places because the customer has the choice whether to patronize that business or not. In the case of the Capitol, many have no choice ... or do they?

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