June 19, 2018

Archives for March 26, 2012

SB 12-158: Consolidation of Two Public Housing Agencies Within the Division of Housing and Adding Homeless Prevention Activities to Division of Housing

On March 9, 2012, Sen. Betty Boyd and Rep. Laura Bradford introduced SB 12-158 – Concerning the Consolidation of Two Public Housing Agencies Within the Division of Housing in the Department of Local Affairs. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The Division of Housing in the Department of Local Affairs (DOLA) is a public housing agency that provides financial and other assistance to individuals in low- and moderate-income households. The division also administers various state housing programs and the supportive housing program, a public housing agency that provides financial and other assistance to persons with disabilities. The bill provides for consolidation of public housing agencies in such a manner that the Division of Housing in DOLA will be the only public housing agency and serve as the sole state agency for the purpose of administering and distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities.

The homeless prevention activities program is currently administered by a nongovernmental agency selected by the executive director of the department of human services. The bill would require the division of housing in DOLA to administer the program. The Local Government Committee will consider the bill on Tuesday, March 20 at 2 p.m.

Summaries of other featured bills can be found here.

SB 12-157: Making Changes to Regulation of Telecommunications Services Under the Public Utilities Commission and Enacting the “Telecommunications Modernization Act of 2012”

On March 8, 2012, Sen. Mark Scheffel and Rep. Angela Williams introduced SB 12-157 – Concerning the Regulation of Telecommunications Service and, in Connection Therewith, Enacting the “Telecommunications Modernization Act of 2012.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In 1987, article 15 of title 40, Colorado Revised Statutes, governing intrastate telecommunications services, was repealed and reenacted. Since then, the statutes have been amended to accommodate technological changes and increased competition in many segments of the communications industry but, for the most part, retain the regulatory structure that developed in an era of traditional voice-centric wireline service.

The bill makes substantial revisions to the statutes governing intrastate telecommunications services (title 40 article 15) to reflect current conditions and in anticipation of future evolution of the market. The bill is assigned to the Business, Labor and Technology Committee; committee review is scheduled for Monday, March 19 at 1:30 p.m.

Since this summary, the bill passed out of the Business, Labor, and Technology Committee with amendments and was referred to the Appropriations Committee.

Summaries of other featured bills can be found here.

SB 12-155: Enacting Protections for Examination of Ballots Within Certain Time Limits Before and After Elections and also Restricting Who Can Handle Ballots During Recount

On March 1, 2012, Sen. Rollie Heath and Rep. Lois Court introduced SB 12-155 – Concerning Procedures to Protect Transparency in Elections While Preserving the Integrity of Ballots In Connection With a Request for Public Inspection of Ballots Under the “Colorado Open Records Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits the designated election official from fulfilling a request under the “Colorado Open Records Act” (CORA) for the public inspection of either ballots or ballot images arising out of any election in the state during the period commencing with the 45th day preceding election day and concluding with the date by which the official is required to certify an official abstract of votes cast for the applicable candidate contest or ballot issue or ballot question.

The stay required by the bill does not apply to a recount undertaken as provided by law. As with other public records open for inspection by the public under CORA, an interested party may inspect ballots in connection with the recount without having to obtain a court order granting such inspection.

In connection with the public inspection of ballots that an interested party is authorized to undertake in connection with a recount, the bill permits an interested party to witness the handling of ballots involved in the recount to verify that the recount is being conducted in a fair, impartial, and uniform manner so as to determine that all ballots that have been cast are accurately interpreted and counted but prohibits the interested party from handling the original ballots.

The bill specifies that its provisions shall not affect either the ability of a person to serve as a watcher or the operation of a canvass board. On March 14, the State, Veterans, and Military Affairs Committee amended the bill and moved it to the full Senate for consideration on 2nd Reading.

Since this summary, the Second Reading was laid over until March 23.

Summaries of other featured bills can be found here.

HB 12-1258: Clarifying that Sellers of Electricity for Alternative Fuel Vehicles Are Not Public Utilities

On February 7, 2012, Rep. Brian DelGrosso and Sen. Cheri Jahn introduced HB 12-1258 – Concerning Regulation of Public Utilities in Terms of Alternative Fuel Vehicles. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill specifies that sellers of electricity as fuel for alternative fuel vehicles are not regulated as public utilities. Generating electricity for sale as fuel for alternative fuel vehicles also does not make the seller subject to regulation as a public utility if the seller generates the electricity on the property where the fueling facilities are located and the electricity is generated from a renewable resource.

Public utilities must make commercially reasonable efforts to provide connection of electric and natural gas service to alternative fuel vehicle charging facilities. A public utility’s right to make unregulated operating expenditures and investments via an unregulated subsidiary with regard to alternative fuel vehicle charging facilities is not limited. On March 15 the Transportation Committee amended the bill and moved it to the full Senate for consideration on 2nd Reading.

Since this summary, the bill was laid over daily for Second Reading on March 20.

Summaries of other featured bills can be found here.

Colorado Court of Appeals: Week of March 18, 2012 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and twenty-seven unpublished opinions for the week of March 18, 2012.

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

Tenth Circuit: Unpublished Opinions, 3/23/12

On Friday, March 23, 2012, the Tenth Circuit Court of Appeals issued no published opinions and five unpublished opinions.

Unpublished

United States v. Carr, III

United States v. House

United States v. Nichols

Rose v. Utah State Bar

Walker v. Progressive Dist. Ins. Co.

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