April 19, 2018

Archives for May 5, 2011

SB 11-266: Background Checks for Employees of Entities that Contract to Perform Services for Public Schools

On April 26, 2011, Sens. Bob Bacon, D-Fort Collins, and Keith King, R-Colorado Springs, and Reps. Crisanta Duran, D-Denver, and Robert Ramirez, R-Westminster, introduced SB 11-266 – Concerning background checks for employees of entities that contract to perform services for public schools. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires entities that contract with a school district for services performed for a public school to perform background checks on those employees who will be working on-site at the public school at any time during the provision of the contracted services. On April 28, the Education Committee amended the bill and referred it to the Appropriations Committee.

Since this summary, the bill passed its Second Reading with Amendments in the Senate.

Summaries of other featured bills can be found here.

SB 11-265: Changing the Name of Mesa State College to Colorado Mesa University

On April 26, 2011, Sens. Mike Johnston, D-Denver, and Steve King, R-Grand Junction, and Reps. Crisanta Duran, D-Denver, and Ray Scott, R-Grand Junction, introduced SB 11-265 – Concerning changing the name of Mesa State College to Colorado Mesa University. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill changes the name of Mesa state college to Colorado Mesa University and makes conforming amendments. On April 28 the Education Committee referred the unamended bill to the full Senate for consideration on 2nd Reading. The full Senate amended the bill on April 29 and approved it on 2nd Reading.

Since this summary, the bill passed its Third Reading in the Senate, was assigned to the House Committee on Education, and was referred unamended to the House Committee of the Whole.

Summaries of other featured bills can be found here.

SB 11-262: Directing Colorado PUC to Withdraw Price Controls for All Services Except Basic Local Exchange and Emergency

On April 25, 2011, Sens. Mark Scheffel, R-Castle Rock, and Lois Tochtrop, D-Thornton, and Reps. Carole Murray, R-Castle Rock, and Angela Williams, D-Denver, introduced SB 11-262 – Concerning the regulation of telecommunications service by the Public Utilities Commission, and, in connection therewith, eliminating price regulation for all but basic local exchange service and emergency service and phasing out the high-cost support mechanism. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill repeals and reenacts the existing statutes governing regulation of telecommunications by the Colorado public utilities commission (PUC). Retail and wholesale services are treated separately. The PUC is directed to withdraw price controls for all services except basic local exchange service and emergency service, and to periodically reexamine whether competition has advanced sufficiently in particular geographic areas so that price controls on these services may also be withdrawn. The bill preserves the PUC’s jurisdiction over service quality, including the authority to receive and resolve consumer complaints.

In addition, the bill:

  • Adds voice-over-internet-protocol (VoIP) service as a recognized alternative for providing voice communications, and includes VoIP providers among those who must contribute to the funding of basic service in high-cost areas and emergency service as long as funding mechanisms for those services continue;
  • Requires registration for all carriers but eliminates the need for a certificate of public convenience and necessity for carriers other than those that provide regulated basic service or emergency service; and

Requires wholesale carriers to incrementally adjust their rates for access over a period of time until their intrastate rates match their interstate rates as filed with the federal communications commission. Assigned to the Business, Labor, & Technology Committee; the bill is scheduled for committee review on Monday, May 2 at 1:30p.m.

Since this summary, the Senate Committee on Business, Labor and Technology postponed the bill indefinitely.

Summaries of other featured bills can be found here.

SB 11-263: Clarifying State Sales Tax Exemption for Sales of Medical Products

On April 26, 2011, Sen. Lois Tochtrop, D-Thornton, and Rep. Jon Becker, R-Fort Morgan, introduced SB 11-263 – Concerning clarification of the state sales tax exemption for sales of medical products. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill clarifies the state sales tax exemption for sales of medical products in order to ensure that all of the following transactions are tax
exempt:

  • All sales of prescription drugs that are dispensed in accordance with a prescription by a licensed provider or are furnished by a licensed provider;
  • All sales of insulin dispensed pursuant to the direction of a licensed provider;
  • All sales of nonprescription drugs or materials when furnished by a licensed provider as part of professional services provided to a patient; and
  • All sales of various therapeutic products with a retail value of over $100 that are sold in accordance with a written recommendation from a licensed provider in order to correct or treat a human physical disability or surgically created abnormality.

The bill defines “licensed provider” to mean any person authorized to prescribe drugs pursuant to the state laws regulating professions and occupations. Assigned to the Finance Committee; the bill is scheduled for committee review on Tuesday, May 3 at 1:30 p.m.

Since this summary, the bill was referred unamended to the Appropriations Committee.

Summaries of other featured bills can be found here.

SB 11-264: Clarifying the Law Governing when a Notice of Lis Pendens Must Be Recorded

On April 26, 2011, Sen. Linda Newell, D-Littleton, and Reps. Bob Gardner, R-Colorado Springs, and Pete Lee, D-Colorado Springs, introduced SB 11-264 – Concerning a clarification of state law governing the circumstances under which a notice of lis pendens must be recorded in connection with the filing of a debt security instrument as a substitute for the filing of certain liens. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Upon the filing of a bond or undertaking as a substitute for the filing of a mechanics’ or real estate broker’s lien, the bill provides that:

  • The lien, and any notice of lis pendens relating to the lien or notice of the commencement of any action relating to a lien filed against the real property, is immediately discharged and released in full;
  • The real property described in the bond or undertaking is to be forever released from the lien and from any notice of lis pendens or notice of the commencement of any action relating to the lien and from any action brought to foreclose the lien; and
  • No notice of lis pendens or notice of the commencement of any action relating to the lien or any action for the enforcement of the lien shall thereafter be recorded against the property.

The bill requires the clerk of the district court to show that the property has been forever released from the lien and from any notice of lis pendens or notice of the commencement of any action relating to such lien in the certificate of release issued by the clerk.

The bill makes an exception for its provisions from statutory requirements specifying when a recorded notice of lis pendens shall remain in effect.

The bill is sponsored by the CBA through the Real Estate Section. Assigned to the Judiciary Committee; the bill is scheduled for committee review on Monday, May 2 at 1:30 p.m.

Since this summary, the bill has passed its Second Reading with Amendments in the Senate.

Summaries of other featured bills can be found here.

SB 11-270: Allowing Local Public Safety Personnel to Solicit Charitable Contributions from Passing Motorists on Public Roadways

On April 29, 2011, Sen. Jeanne Nicholson, D-Gilpin, and Rep. David Balmer, R-Centennial, introduced SB 11-270 – Concerning the collection of charitable solicitations from passing motorists on a public roadway by local government public safety personnel. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill specifies that local public safety personnel may solicit charitable contributions from motorists in public roadways if the charitable organization has filed an application with the governing body of the local government having jurisdiction over the location where the solicitation is to occur. A local government may not deny an application that meets the minimum criteria established in the bill, but may place reasonable restrictions on the solicitation. Assigned to the Local Government Committee; the bill is scheduled for committee review on Tuesday, May 3 at 2:00 p.m.

Since this summary, the bill was referred unamended to the Senate Committee of the Whole.

Summaries of other featured bills can be found here.

SB 11-269: Creating the Electronics Recycling Act and Certifying Processors of Electronic Devices

On April 29, 2011, Sen. Gail Schwartz, D-Broomfield, introduced SB 11-269 – Concerning the recycling of electronic devices, and, in connection therewith, requiring processors of electronic devices to be certified and requiring collectors of electronic devices to be registered. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates the “Electronics Recycling Act.” Processors of eligible electronic devices must be certified, pay the department of public health and environment an annual fee, file annual reports, and comply with processing standards established by the solid and hazardous waste commission.

Collectors of eligible electronic devices must be registered and comply with processing standards established by the commission. The commission will adopt rules. The department has enforcement authority. Assigned to the Agriculture, Natural Resources, and Energy Committee; the bill is scheduled for committee review on Wednesday, May 4 at 1:30 p.m.

Since this summary, the Senate Committee on Agriculture, Natural Resources, and Energy amended the bill and referred it to the Senate Finance Committee.

Summaries of other featured bills can be found here.

SB 11-268: Dividing the State into Seven Congressional Districts Pursuant to Most Recent Federal Census

On April 28, 2011, Sen. Rollie Heath, D-Boulder, and Reps. Dan Pabon, D-Denver, and Edward Vigil, D-Fort Garland, introduced SB 11-268 – Concerning the congressional redistricting of Colorado. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill divides the state into 7 congressional districts pursuant to the most recent federal census. Assigned to the State, Veterans, & Military Affairs Committee; the bill is not listed on the printed calendar.

Summaries of other featured bills can be found here.

SB 11-261: Amending Statutes Addressing the Publication of the Colorado Revised Statutes

On April 25, 2011, Sen. Ellen Roberts, R-Durango, and Rep. Bob Gardner, R-Colorado Springs, introduced SB 11-261 – Concerning the publication of the Colorado Revised Statutes by persons other than the general assembly. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Committee on Legal Services. The bill amends statutes addressing the publication of the Colorado Revised Statutes to more clearly and appropriately reflect federal copyright law. It repeals the requirement in current law that directs the committee on legal services to copyright the Colorado Revised Statutes, but permits the committee, or its designee, to register a copyright for and on behalf of the state of Colorado in any and all original publications and editorial work that are ancillary to the Colorado Revised Statutes.

Under the bill, other publishers of the Colorado Revised Statutes who use the official text from the statutory database may state that their publications are officially sanctioned. The bill repeals the statutory penalties for the unauthorized publication of copyrighted materials, which provisions have not been employed or enforced in the past. Assigned to the Judiciary Committee; the bill is scheduled for committee review on Monday, May 2 at 1:30 p.m.

Since this summary, the bill has passed its Second Reading the Senate.

Summaries of other featured bills can be found here.

SB 11-260: Safety Procedures and Warning Signs Related to the Towing of Vehicles

On April 25, 2011, Sen. John Morse, D-Colorado Springs, and Rep. Pete Lee, D-Colorado Springs, introduced SB 11-260 – Concerning safety procedures related to the towing of vehicles. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

If a towing carrier places a warning sign on the driver-side window of a vehicle prior to towing it and a person, other than a towing carrier or peace officer, removes the sign, he or she commits a class 3 misdemeanor. If a person places a tow-truck warning sign on a vehicle that is not in the process of being towed or while the vehicle is occupied, he or she commits a class 3 misdemeanor.

Current law requires that drivers yield the right-of-way to stationary authorized emergency vehicles on the road. As introduced, the bill requires that drivers also yield the right-of-way to stationary tow trucks on the road. The amended bill passed the Judiciary Committee on April 27 and passed the Senate on 2nd Reading (with amendments) on Friday, April 29.

Since this summary, the bill passed its Third Reading in the Senate.

Summaries of other featured bills can be found here.

Colorado Court of Appeals: Week of May 1, 2011 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and twenty-one unpublished opinions for the week of May 1, 2011.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Tenth Circuit: Unpublished Opinions, 5/4/11

On Wednesday, May 4, 2011, the Tenth Circuit Court of Appeals issued three unpublished opinions in addition to one published opinion.

Unpublished

Wright v. CompGeeks.com

Shulman v. Lamphere

Chicago Ins. Co. v. Hamilton

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.