Four land parcels were OK’d under the arrangement, intended to accommodate wildlife; two are donations in the form of conservation easements, which give the land’s owners a tax break, and the other two are purchases of land at appraised market value.

The parcels sought by the Wildlife Division include a migration path for elk as well as habitats for prong horn, white tailed deer, mule deer, elk, black bear, mountain lion, and for birds that are on the division’s Colorado Endangered, Threatened and Species of Special Concern list, such as the Columbian sharp-tailed grouse, and the greater sage grouse.  The easements are just north of Hayden and southwest of Grand Junction.  The properties for purchase are located just west of Pueblo.

The conservation easements were approved by the legislative Capital Development Committee with little discussion.  However, the proposals to purchase land, one for $227,000 and the other for $3, 865,000, received more scrutiny from a Republican member of the panel, Rep. Jerry Sonnenberg, of Sterling.

Unlike conservation easements, the state’s outright acquisition of property means property taxes would not be collected by local governments, notably school districts, although counties can apply for an Impact Assistance Grant whereby the DOW reimburses the county for lost revenue.  The counties must pro-actively apply for the grants. Pueblo County did not apply for the grant last year, according to DOW staff, which triggered a line of questioning from the Sterling lawmaker.

Sonnenberg surmised that if the counties forgo the grants, the state will be stuck with the tab for the K-12 portion that isn’t covered by the counties revenues.

“For education and schools, the property taxes aren’t collected and the state will have to back-fill those property taxes for education,” asserted Sonnenberg. “When we take this amount of land off of the public tax rolls, when we’re struggling in the state to meet our funding obligations, and we have to back-fill because you have purchased property, and  the county doesn’t ask for the tax money, we have to back-fill that–and that’s always a concern. “

Committee chairman Sen. Bob Bacon, D-Fort Collins, affirmed Sonnenberg’s concern.

“You are right. If the tax moneys don’t come in for the school district then, because of equalization, we do have the general fund that is making it up for the schools – you’re right. “

Speaking for the Wildlife Division, Grady McNeill said that the agency makes the grant process very accessible to the counties and that the counties are not required by law to seek the money.   The money funding the grants comes out of revenue generated by the division through fees and not out of the General Fund’s tax revenue.

Sonnenberg took his line of questioning a step further, wondering if the department’s policy of advertising for land acquisition might further exacerbate the problem of the state having to back-fill education revenue as a result of the land purchases.

“The process you use  (soliciting landowners to sell) may not be landowners that particularly want to sell,” he said. “They see the opportunity for a proposal and that may stimulate them to sell.”

The vote to approve the land purchases fell along party lines with Sonnenberg and fellow Republican Scott Renfroe of Greeley voting against the proposal.

The Conservation Easements:

Red Hawk Ranch Too Conservation Easement (1,000 acres)

Taylor Flat Conservation Easement (640 acres)

The land acquisitions:

Clift property (279 acres) for $227,000.

El Estate de Dos Hermanas . (4,069 acres) for $3,865,000.

After reading about legislation in his local Colorado Springs newspaper that he felt strongly about, Schultheis entered the political arena in 2000, serving first in the House and then in the Senate for the past four years. He said he decided to run for office based on the guiding principles that the Republican Party rallies around – limited government and individual freedom–to see if the voters in his district would respond favorably. They did.

“Running for office was never something I ever intended to do,” said Schultheis.  “I was chosen on the basis of my conservative values and I will not waver.  I have to look in the mirror every night and say was I true to my beliefs and to my constituents.”

Prior to his political career, Schultheis found success in real estate and investment markets, allowing him to pursue public office along with the support of his family. Now, he says it is his devotion to his family that will lure him away from politics. He is retiring at the end of his current term in December, still four years shy of term limits.

It was his wife of 48 years who made the first overture toward his early retirement.

“My wife said, ‘I’d love to spend more time with you.  Would you consider not running for your fourth term?’ The way she said it really impacted me,” said Schultheis. “I have five grandchildren, and it hurts me a lot that I haven’t been as close to them as I could have.  That’s a sacrifice they’ve had to make, and now I’m doing my best to reconnect with them on an individual basis.  I love my family.”

In 2003 Schultheis began a weekly Bible study with a dozen or so legislators of both parties that is still well attended and going strong. Views on family and politics emanate from his faith, says the senator, who has on more than one occasion very openly and publicly stood out on social issues that have fostered his reputation as a lawmaker who doesn’t mind being perceived as an outlier. He made waves early in his legislative career, for example, by introducing an ultimately unsuccessful bill requiring a lengthier waiting period for divorce if couples had children.

“I see myself as strong and unwavering in my beliefs, and I’m willing to take whatever negative hits I get for them,” says Schultheis. “I’m known as–if not the most—then one of the most conservative legislators out there, and I take that as a badge of honor.”

Despite his strong views, some lawmakers in both parties speak fondly of Schultheis and say they appreciate his genuine and caring personality, which for them overshadows his political self.  Democratic Senate President Pro Tem Betty Boyd, of Lakewood, who has served with Schultheis on committees and started the same year as a fellow freshman legislator, said she considers Schultheis a friend although they rarely have agreed on issues.

“He was always a gentleman and just a really nice person to be around,” said Boyd. “I consider him to be a friend.  We disagreed agreeably, but on the rare occasions when we did agree, we would get a kick out of it.”

After his term ends, Schultheis says he plans on remaining involved in the political process through blogging and offering his support to Tea Party groups. Should there be a Republican governor this January—Schultheis remains a strong supporter of beleaguered Republican gubernatorial candidate Dan Maes—he would like to offer his counsel over legislative matters to the governor’s office.

“I believe that conservative views are in the best interest of the state, and of the nation,” he said.  “Our Founding Fathers intended government to be very, very limited, allowing people to make their own choices, thereby maximizing freedom. I think we all want that in our lives.”

Perhaps his staunchest support is reserved for religious freedom although he is better known for his stances on illegal immigration, which he says is harming Colorado.  Schultheis says he is deeply troubled when religious freedoms are attacked in the public square and when the role of religion is downplayed, such as in the civil rights movement.

“What drove Martin Luther King was his faith in God inspiring him to lead a movement.  His message was about people, not about a special-interest group,” said Schultheis. “We are so divided by groups and that is totally in opposition to what our founding fathers ever wanted. They wanted us to look at each other as people, as individuals.”

Schultheis, known for his stand-alone “no” votes on the Senate floor, says he wants to be remembered for his time in the legislature as an individual who cared enough to say “no” when government tries to get in the way of individual freedom.  He says he approaches legislation with a “no” vote unless it can be proven to him that it should be a “yes” vote.   Schultheis dismisses notions that he dwells on “the far-right”.

“I’m misunderstood by the left, who twist what I say, and that’s unfortunate although I think most people see through that kind of stuff,” he said.  “When people are categorized it’s easy to like or hate them by putting them in a box.”

Schultheis readily admits that his colleagues have told him from time to time, “this is not a hill worth dying on,” but he says they also respect his stances, as do his Republican constituents who recently gave him a standing ovation at his county assembly.

“I say every hill is worth dying on,” maintains Schultheis. “Retreat is not an option.”

Leaving political office behind will be hard says Schultheis, but he knows he’s doing the right thing and is looking forward to the next chapter in his life.

“No regrets,” says Schultheis.

The arguments for and against Amendment 62, dubbed the “personhood amendment,” were reviewed by the 18-member Legislative Council Committee, chaired by Senate President Brandon Shaffer, D-Longmont, and vice-chaired by Speaker of the House Terrance Carroll, D-Denver, after public testimony and input from staffers. The proposal, placed on the ballot by a citizens group after it gathered sufficient signatures, seeks to expand the constitutional definition of “person” as a human being to include “from the beginning of biological development.” The draft may be amended by the legislative committee if a two-thirds majority agrees.

At issue was the use of the term “human life” versus “human being.”  The term that will appear on the ballot and in the constitution should the amendment be approved by voters, is “human being.”  The use of the term “human life” was chosen by council staff in articulating the arguments supporting the measure.  Proponents of the measure told the panel that the terms are not interchangeable in this instance. Opponents said they prefer the term “human life” be left in.

Minority Republicans on the committee were vocal about their concern that the proponents’ arguments may have been compromised in the publication, but the GOP members were unsuccessful in amending the language, with the vote counts falling primarily along party and ideological lines.

Rep. Amy Stephens, R-Monument, challenged the committee to consider amending the draft language to preserve the integrity of the proponents’ argument in favor of the amendment.

“If the ballot, the thing they got signatures for, and people signed onto, says ‘being,’ then the language should reflect ‘being,’ ” said Stephens. She said currently the constitution says, “the term ‘person’ shall apply to every human being.”

House Minority Leader Mike May, R-Parker, concurred.

“These are the proponents and they brought forth the proposed amendment, and then we change their words in the arguments ‘for.’  Why not include their exact words as opposed to somebody else’s words?” asked May.

Legislative staff said that the term human life was used because they borrowed analysis language from a similar initiative in 2008 and because they felt that using the term human life is more inclusive.  It was also stated that as they prepared the drafts, they didn’t know the weight that proponents gave to the term since it was not brought up earlier by the proponents.

Before voting the modified language down, Sen. Betty Boyd, D-Lakewood, offered her take on the issue.

“I think that the legislative council staff did a fair job of representing arguments.  I didn’t see the same kind of urgency to change the language,” Boyd.

In other business the committee looked at the eight other measures on this November’s ballot and made only minor changes. Those proposals are:

1. Amendment P – Regulation of Games of Chance

2. Amendment Q – Temporary Location for the State Seat of Government

3. Amendment R – Exempt Possessory Interests in Real Property

4. Initiative 92 – Criteria for Release to Pretrial Services Programs

5. Proposition 101 – Income, Vehicle, and Telecommunication Taxes and Fees

6. Amendment 60 – Property Taxes

7. Amendment 61 – Limits on State and Local Government Borrowing

8. Amendment 62 – Application of the Term Person

9. Amendment 63 – Health Care Choice

Dealing with revenue streams is nothing new for former Democratic senator Abel Tapia of Pueblo, who a few short months ago bore the shared weight of a responsibility that very few in Colorado know first-hand—balancing a multi-billion dollar state budget when the dollars coming in don’t match up with spending needs and wants.  Tapia welcomes the budget he now oversees.

“We generate funds and then we give it away to great causes.  We’re not general funded so we don’t have to go and ask for our share of the pie,” said Tapia.

Tapia, term limited after serving 8 years in the senate and 4 years in the house, resigned his senate seat in July to join the Colorado State Lottery as its statewide director, which fortuitously has an office in his cherished hometown of Pueblo.  The dynamics of working out-of-town are now a thing of the past for Tapia, who for the past twelve years had to live in Denver at least five months out of the year.

“Being away from home, weighs on your family and everything else.  I’m a happy camper – this is just great. I’ve got a very good job and its right here in my hometown,” said Tapia.

It was in his hometown that Tapia raised his family and formed his own civil engineering company, Abel Engineering Professionals. Tapia ran the company he founded for 27 years before selling it to his son 3 years ago.

Tapia’s political career began in 1991 when he served on the local school board which subsequently led to a couple of terms in the state’s House of Representatives, where he quickly gained stature becoming his party’s caucus chair.  An opportunity arose 4 years later to make the leap to the senate where he remained until his resignation. While in the senate, Tapia’s business experience and leadership skills took root, coming to fruition in the committees where the state’s financial affairs are set in motion—the Joint Budget Committee and Appropriations, serving as chair for the latter.

Tapia says he is grateful that owning his own business allowed him to seek and serve in public office, which ultimately led him to his current job, although he never anticipated that his life would unfold as it did.  Tapia is the first to admit that he himself is amazed at how his career expanded from the vocation he chose as a young man—engineering.

“I feel blessed that I was able to serve in that capacity. I never aspired to do that in high school—I wasn’t on the debate team or student council,” said Tapia.  “I never ever would have imagined that I would be the director of the lottery.  I’m a civil engineer, I’m still an engineer.”

The 2010 legislative session was a tough one for the engineer who along with his colleagues on the JBC struggled with constructing a balanced budget amid plunging revenues and partisan battles over the most prudent course of action.  Tapia readily admits it was difficult to make the tough calls, knowing he would have to face his constituents, especially those with whom he worked with when he was chairman of the Pueblo Chamber of Commerce.  Legislation endorsed and passed, with the help of Tapia, by ruling Democrats to eliminate or defer an assortment of tax credits and exemptions for Colorado businesses stirred up passions in the business community unlike any other legislative session in recent memory and Tapia was at center stage for the drama.

“It was hard for me and I had to come back and explain to my friends here in Pueblo that it was the right thing to do.  I actually went up to the mic and said ‘I’m going to upset every possible constituent that I ever had’ because we were cutting everything from business to social services,” said Tapia.  “I just resolved myself during the session that everyone was going to be upset with me. I just wanted to upset everyone equally.”

Still, Tapia brands himself as a moderate who has the ability to get things done.

“I think that people looked at me as being a very moderate person, one that can work with both sides of the aisle.  I think that ninety-percent of legislation happens in the middle.  You get a moderate Democrat with a moderate Republican and you’ve got a winning combination,” said Tapia.

Sen. Al White, R-Hayden, who met Tapia a decade ago, said he agrees with his former JBC and Appropriations Committee colleague on his willingness to set partisan politics aside when it’s the right thing to do.

“I’ve always appreciated working with Abel because he was a gentleman when he was in the minority and I was in the majority.  When the situation turned, and he was in the majority, he was equally a gentleman,” recalls White.   “He always had thoughtful deliberations on the Joint Budget committee because he truly cared about the best interests of the citizens of Colorado and put partisan politics behind him when budget considerations were on the table.”

A non-partisan environment is a comfort zone that Tapia prefers but he said he is also savvy about political realities.

“When you go up to Denver and you know what it’s like to be in the minority party, and you want to become the majority party and it turns out to be partisan.  You want the bigger offices, you want to be the chairman of committees, you to be able to get your bills passed, and that all goes with the majority party,” relates Tapia who says he’s seen the pendulum swing to the far-right and to the far-left.  Ultimately though, Tapia says, “We’re judged on how we manage things when we have been given the reins to run things.”

When Tapia reflects on his time at the state capitol, the lasting impression that he hopes he has made is not for his work on the budget, but rather the enduring legacy he may have left for 3^rd graders in Colorado by helping to put them on the path of becoming lifelong readers through the Read to Achieve Program.  During his freshman year in the house, the Republican governor, Bill Owens asked Tapia to sponsor the legislation that created the reading program.

“For me, that’s the major piece of legislation that I carried,” said Tapia.

For now, Tapia says he is more than contented to be on hand to deliver good news to the lucky few who win big in the Colorado Lottery paid for by willing participants while generating additional funds for worthy causes such as Great Outdoors Colorado and public schools.  His business experience qualifies him for the top lottery job, but from Tapia’s view, it was his political experience that solidified his odds of landing the position.

It is through the lens of that experience that Tapia offers advice to new legislators.

“You don’t have to change the world your first year.  Don’t go out there and do some crazy things the first year because once you do some crazy things then you’re labeled as that crazy person.—either from the far-right or far-left.  You’re put in a position where people are trying to get on your best side- particularly lobbyists but as soon as you’re not an elected official you go back to being Joe Citizen,” offers Tapia.

Being a citizen in his hometown and overseeing the state lottery is hitting the jackpot for Tapia.

“It’s good to be home,” says Tapia.