November 18, 2017

Archives for March 13, 2012

e-Legislative Report: Week Nine, March 12, 2012

In this week’s Legislative Video Update, Michael Valdez discusses discusses SB 12-102, which would repeal the crime of libel, as well as an overview of the week at the Capitol, which includes pre-trial detention of minors, legal separation procedures, judicial oversight of guardians and conservators, and more.

CBA Legislative Policy Committee

The LPC met on Friday, March 9, and considered a light docket of bills:

SB 12-102 – Repeal the Crime of Libel
The LPC followed the recommendation of the Civil Rights Committee and voted to support SB 12-102 – Repeal the Crime of Libel. The LPC had delayed action on the bill to allow the Civil Rights Committee and staff to research and report additional information to the LPC. The research turned up several facts: the statute is rarely used by prosecutors, DAs and the AG had no objection to the elimination of the crime of libel, and remedies still exist for harassment and in the civil arena.

At the Capitol – Week Eight – Quick Roundup:

On Monday, March 5

  • HB 12-1139 – Pretrial Detention Of Children Tried As Adults passed on 3rd reading 34-0 with one excused in the Senate.
  • HB 12-1074 – Judicial Oversight of Guardians & Conservators passed on the 2nd Reading Consent calendar in the Senate.
  • The Senate Judiciary Committee approved CBA sponsored HB 12-1233 – Legal Separation Court Appearance Procedure. Later in the week the Senate passed the bill on 2nd Reading (Thursday) and 3rd Reading (Friday.) Since the bill was approved on 3rd Reading without amendment the next stop is the governor’s desk for signature. Congrats to the Family Law Section!

On Tuesday, March 6

  • Both Houses had early dismissal to allow Democrats to get to their caucuses; each House spent about 30 minutes on the floor.
  • Before knocking off for the day, the Senate adopted on 3rd and final reading HB 12-1074 – Judicial Oversight of Guardians & Conservators. The bill moved back to the House for consideration of the amendment added to the bill in Senate Judiciary.

On Wednesday, March 7

  • On a 35-0 vote, the Senate approved HB 12-1005 – Concerning investment of public funds.
  • The Senate Judiciary Committee approved a “strike below” version, i.e. an entirely new bill, of SB 12-070 – Uniform Residential Landlord & Tenant Act.

On Thursday, March 8

  • The House and Senate celebrated March 8, 2012 as “National Agricultural Day” with HJR 12-1015 – Concerning recognition of March 8, 2012 as “National Agricultural Day.” The resolution was adopted unanimously by the House and Senate after Representatives testified to the importance of agriculture to Colorado.
  • The House Judiciary Committee heard nearly four-and-a-half hours of testimony before amending and approving (9-2 vote), HB 12-1271 – Juvenile Direct File Limitations. The amended bill moves to the Appropriations Committee for consideration of the fiscal impact on the state.

On Friday, March 9

  • On 3rd Reading, the House unanimously adopted HB 12-1304 – Concerning measures to prevent organized retail theft. Also adopted on 3rd Reading but by a closer vote (45-20), HB 12-1175 – Concerning the encouragement of a state agency to pursue Colorado-specific solutions in lieu of federal regulation whenever possible, and, in connection therewith, requiring a state agency to report annually regarding opportunities for waiver from newly adopted federal regulations.
  • Not wasting any time after having received the Senate version of HB 12-1074 – Judicial Oversight of Guardians & Conservators, the House concurred with the Senate amendments to the bill. This ends the legislative journey for the bill – the bill moves to the governor’s desk for signature next.

Colorado Supreme Court: Week of March 11, 2012 (No Opinions)

The Colorado Supreme Court issued no opinions for the week of March 11, 2012.

Executive Order to Create Task Force to Examine Oil and Gas Regulatory Jurisdiction

On Wednesday, February 29, 2012, Governor John Hickenlooper signed an Executive Order that created a task force to help clarify and better coordinate the regulatory jurisdiction between the state and local governments over oil and gas operations.

The task force is expected to report its recommendations and findings to the Governor, the Speaker of the House of Representatives, and the President of the Senate no later than April 18, unless the group is either terminated or extended beyond that date by another Executive Order.

“This is an important step to better define state and local jurisdiction regulatory structures as Colorado’s oil and gas industry continues to grow,” Hickenlooper said. “We want to protect public health, the environment, and wildlife and to avoid duplication and conflict between different regulations of oil and gas activities. We expect these efforts to also help foster a climate that encourages responsible development and enhances existing cooperation and coordination between state and local government.”

The issues that the Task Force will address include:

  • Setbacks of oil and gas facilities or roads necessary for oil and gas operations from any building, public road, above-ground utility line, railroad, or water body, or other restrictions on the location of an oil or gas well and its related production facilities.
  • Floodplain restrictions.
  • Protection of wildlife and livestock.
  • Noise abatement.
  • Operational methods employed by oil and gas activities.
  • Air quality and dust management.
  • Traffic management and impacts.
  • Fees, financial assurance, and inspection.

“In establishing this task force, we have worked with a variety of stakeholders, including local government, industry, the environmental community, Speaker McNulty, President Shaffer, and Majority Leader Morse,” Hickenlooper said.

The Task Force will be chaired by Mike King, the Executive Director of the Colorado Department of Natural Resources. The task force members will include: the Executive Director of the Colorado Department of Local Affairs, or his or her designee; two members of the Colorado Oil and Gas Conservation Commission as determined by said Commission; the President of the Board of Directors of Colorado Counties Inc., or his or her designee who must also be a member of said organization; the President of the Board of Directors of the Colorado Municipal League, or his or her designee who must also be a member of said organization; the Chief Executive of the Colorado Petroleum Association, or his or her designee; the Chief Executive Officer of the Colorado Oil and Gas Association, or his or her designee; the Executive Director of Colorado Conservation Voters, or his or her designee; one member appointed by the Speaker of the House of Representatives; one member appointed by the President of the Senate; and the Colorado Attorney General or the Attorney General’s designee.

The full text of the Executive Order can be found here.

Tenth Circuit: Unpublished Opinions, 3/12/12

On Monday, March 12, 2012, the Tenth Circuit Court of Appeals issued no published opinions and six unpublished opinions.

Unpublished

Allen v. Clements

United States v. Collins

United States v. Stoner

United States v. Lopez-Merida

United States v. Gonzales

United States v. Jordan

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