June 19, 2013

HB 11-1149: Requiring Presentation of Social Security Card to Verify Lawful Presence for Public Benefits

On January 27, 2011, Rep. Cindy Acree, R-Limon, and Sen. Ted Harvey, R-Highlands Ranch, introduced HB 11-1149 - Concerning the types of documents used for verification of a person’s lawful presence in the United States in certain circumstances. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law requires an agency or political subdivision of the state to verify the lawful presence of each applicant 18 years of age or older for federal public benefits or state or local public benefits. The bill amends that law by requiring the applicant to provide the applicant’s social security card for inspection.

Current law requires an applicant to sign an affidavit attesting that he or she is a United States citizen or legal permanent resident or that he or she is otherwise lawfully present in the United States pursuant to federal law and the attestation is subject to the perjury laws. Instead of signing the affidavit, the bill provides that an applicant may submit for inspection a birth certificate or other documents that indicate the applicant’s lawful presence in the United States. The bill clarifies that an employer of a newly hired employee must check legally acceptable documents to verify the identity of the employee as well as check the authority of the person to legally work in the United States. Assigned to the State, Veterans, & Military Affairs Committee the bill is scheduled for committee review on the morning of March 3.

Summaries of other featured bills can be found here.

HB 11-1146: Amending Definition of Agricultural Land to Exclude Up to Two Residential Improvement Acres for Property Tax Purposes

On January 24, 2011, Rep. Tom Massey, R-Buena Vista, and Sen. Pat Steadman, D-Denver, introduced HB 11-1146 - Concerning a requirement that a residence be integral to an agricultural operation in determining whether two acres or less associated with the residence satisfies the definition of agricultural land for property tax purposes. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill amends the existing statutory definition of agricultural land for purposes of the property tax to exclude up to 2 acres of land associated with a residential improvement located on such agricultural land unless the residence is integral to an agricultural operation conducted on the land.

The bill requires the property tax administrator to define the phrase “integral to the agricultural operation” in manuals, appraisal procedures, and instructions promulgated by the administrator. The bill specifies certain factors the administrator is to consider in promulgating the definition. Any person who objects to the application of the term “integral to an agricultural operation” to their property and whose objections or protests have been denied by the county assessor may submit a petition for appeal to the county board of equalization. On February 21, the Agriculture, Livestock, & Natural Resources Committee amended the bill and referred it to the Appropriations Committee; the Appropriations Committee is scheduled to hear the bill on Friday, March 4.

Summaries of other featured bills can be found here.

HB 11-1141: Exempting Business Personal Property from Levy and Collection of Property Tax if Purchased from 2012 through 2013

On January 24, 2011, Rep. Chris Holbert, R-Parker, and Sen. Mark Scheffel, R-Castle Rock, introduced HB 11-1141 - Concerning an economic stimulus through a property tax exemption for business personal property. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill exempts business personal property that is purchased at any time from January 1, 2012, through December 31, 2013, from the levy and collection of property tax. The bill is assigned to the Finance Committee; committee review is scheduled for the morning of March 3.

Summaries of other featured bills can be found here.

HB 11-1140: Prohibiting Grants and Funds for Local Governments that Refuse to Participate in DHS’s Secure Communities Initiative

On January 24, 2011, Rep. David Balmer, R-Centennial, introduced HB 11-1140 - Concerning measures to strengthen the enforcement of laws against illegal aliens. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

As introduced, the bill prohibits a local government that refuses to participate in the United States department of homeland security’s immigration and customs enforcement agency’s secure communities initiative from:

  • Receiving a local government grant or a direct allocation from the local government severance tax fund or local government mineral impact fund; and
  • Receiving the local government’s allocation from the cigarette tax revenues.

The money that is not distributed or allocated is redirected proportionately to all eligible local governments. A person who transports or moves a known unlawful alien in Colorado in a vehicle, in furtherance of the alien’s unlawful presence, or who conceals, harbors, or shields a known unlawful alien from detection in any place in Colorado commits a class 1 misdemeanor or, if 10 or more unauthorized aliens are involved, a class 6 felony. A law enforcement official or agency must impound or immobilize a person’s vehicle if it is used to unlawfully transport, move, conceal, harbor, or shield a known unlawful alien, subject to exemptions for child protective services workers and emergency responders.

The director of the Colorado bureau of investigation will implement the secure communities program in consultation with the state associations that represent sheriffs and the chiefs of police and any other interested law enforcement organizations. On February 14, the Local Government Committee amended the bill and referred it to the Appropriations Committee; the Appropriations committee is scheduled to take the bill up on March 4.

Summaries of other featured bills can be found here.

HB 11-1139: Prohibit Collection of Debt in Default from Debtor’s Personal Liability Unless First Attempted to Collect from Collateral

On January 24, 2011, Rep. James Kerr, R-Ken Caryl, introduced HB 11-1139 – Concerning a limitation on a lender’s ability to collect against a debtor’s personal liability when the loan is secured by collateral. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits a creditor of a consumer loan and a credit union,  savings and loan association, state bank, industrial bank, or mortgage lender from attempting to collect its debt from a debtor’s personal liability under a secured loan that is in default unless the lender has first attempted to collect its debt from the collateral and the proceeds from the collateral are insufficient to fully repay the sum of the outstanding loan balance and the lender’s allowable costs of collection, if any. On February 17, the Judiciary Committee heard testimony and took the bill off the table; the bill will return to the Judiciary Committee for “action only.”

Summaries of other featured bills can be found here.

HB 11-1138: Extending the Sex Offender Management Board and Revising Its Duties

On January 21, 2011, Rep. Bob Gardner, R-Colorado Springs, and Sen. John Morse, D-Colorado Springs, introduced HB 11-1138 – Concerning the sex offender management board. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill extends the sex offender management board for 10 years to September 1, 2020, and revises the board’s duties. The bill amends the language of the legislative declaration for the board, as well as language in other sections in the statutory article that governs the board to refer to juvenile offenders as “juveniles who have committed sexual offenses” rather than labeling juveniles as sex offenders. The bill reorganizes the provisions relating to the appointment of board members. The board members appointed by a specific appointing authority are listed under the appointing authority, and all board members will serve 4-year terms. The bill recreates and reenacts, with amendments, the provisions relating to the board’s creation and duties. The bill repeals and reenacts, with amendments, the statutory section that addresses sex offender treatment. The bill grants the board specific authority to develop an application and review process for the approval of persons to be placed on a list of persons who may provide sex offender evaluation, treatment, and polygraph services pursuant to the article, as well as a renewal process for those persons. The bill establishes a formal process to review complaints and grievances against providers who provide services pursuant to the article. The board shall refer all complaints or grievances against providers to the department of regulatory agencies (DORA). The appropriate mental health board in DORA shall review all complaints or grievances received by DORA or referred to DORA by the board. The DORA board shall investigate the complaints and grievances and shall provide the board with the results of the investigation and advise the board of any disciplinary action the DORA board takes with respect to a professional license. The board may take any disciplinary action permitted by law against the individual or entity, including but not limited to removing the individual from the list. The board may determine the requirements for a provider to be placed on the list after the provider has been removed from the list for disciplinary or other reasons. The board shall review and investigate complaints or grievances against individuals providing polygraph services pursuant to the article. The bill requires the board to report annually to the judiciary committees of the general assembly regarding information pertaining to the treatment of sex offenders, and the report may include the board’s recommendations for legislation related to treatment of sex offenders. The Judiciary Committee amended the bill and referred it to the Appropriations Committee.

Summaries of other featured bills can be found here.

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2013-06-19 03:23:49