December 16, 2017

Archives for April 19, 2013

Governor Hickenlooper Signs Bills Regarding Water Law, Medical Marijuana, Unemployment Insurance, and More

Governor Hickenlooper continues to sign bills as they reach his desk. To date, he has signed 137 bills into law.

On April 4, 2013, the governor signed 19 bills. Five of them are summarized here.

  • SB 13-074 – Concerning the Resolution of Ambiguities in Old Water Right Decrees Regarding the Place of Use of Irrigation Water, by Sen. Mary Hodge and Rep. Jerry Sonnenberg. The bill creates a mechanism to determine the maximum number of acres that may be irrigated under a pre-1937 determination of water rights.
  • HB 13-1054 – Concerning Lessening the Reduction of Unemployment Insurance Benefits Required when a Claimant Withdraws Amounts from a Retirement Plan as a Result of Unemployment, by Reps. Jovan Melton and Tony Exum and Sen. Lois Tochtrop. The bill changes the way unemployment benefits are affected by the withdrawal of funds from employer-sponsored retirement accounts.
  • HB 13-1061 – Concerning Standards for Responsible Medical Marijuana Vendors, by Rep. Dominick Moreno and Sen. Irene Aguilar. The bill creates the Responsible Medical Marijuana Vendor Server and Seller Designation for licensed medical marijuana businesses and establishes procedures for receiving the designation.
  • HB 13-1124  – Concerning the Reduction of Improper Unemployment Insurance Benefit Payments Through Compliance with the Federal “Trade Adjustment Assistance Extension act of 2011” and Making an Appropriation, by Reps. Dan Pabon and Amy Stephens and Sen. Cheri Jahn. The bill conforms Colorado unemployment insurance law with federal law.
  • HB 13-1157 – Concerning Adoption of the 2012 “Uniform Commercial Code” Article 4.5 Amendments, by Rep. Frank McNulty and Sen. Angela Giron. The bill clarifies provisions of the Uniform Commercial Code regarding remittance transfers.

The governor signed 12 bills on April 8, 2013. Four of them are summarized here.

  • SB 13-030 – Concerning an Additional Review of Rules Promulgated Pursuant to the “State Administrative Procedure Act” by Committees of Reference of the General Assembly, by Sen. Mark Scheffel and Rep. Dan Nordberg. The bill creates additional notice for the public and the General Assembly for rules adopted as a result of legislation.
  • SB 13-041 – Concerning the Protection of Stored Water and Preserving Supplies for Drought and Long-Term Needs, by Sens. Mary Hodge and Ellen Roberts and Reps. Randy Fischer and Jerry Sonnenberg. The bill, enacted because of the Colorado Supreme Court ruling in Upper Yampa Water Conservatory District v. Wolfe, expands the term “beneficial use” and clarifies rules regarding water storage rights.
  • SB 13-116 – Concerning the Authority of Forensic Psychologists to Conduct Mental Health Evaluations under Article 8 of Title 16, Colorado Revised Statutes, by Sen. Jessie Ulibarri and Rep. Pete Lee. The bill authorizes licenses forensic psychologists to conduct mental health evaluations for criminal defendants if so ordered by the court.
  • HB 13-1202 – Concerning Counseling by Medicaid Providers Relating to Medical Orders for Scope of Treatment, by Reps. Cheri Gerou and Mark Ferrandino and Sen. John Kefalas. The bill allows reimbursement for Medicaid providers who offer counseling regarding medical orders for scope of treatment.

Finally, on April 18, 2013, Governor Hickenlooper signed four bills into law. They are summarized here.

  • HB 13-1060 – Concerning Raising the Maximum Fine that may be Assessed by a Municipal Court, by Rep. Mike McLachlan and Sen. Linda Newell. The bill raises the maximum fine that may be assessed by a municipal court and allows for adjustments for inflation.
  • HB 13-1147 – Concerning Voter Registration Facilitated by State Institutions of Higher Education, by Rep. Jovan Melton and Sen. Linda Newell. The bill requires state institutions of higher education to provide a link to voter registration for students who are registering online for classes, and to provide information about voter registration if the institution does not use online registration.
  • HB 13-1179 – Concerning Deadlines for State Agencies to Submit Documents Related to Appropriations to the Joint Budget Committee, by Rep. Claire Levy and Sen. Pat Steadman. The bill requires state agencies to submit budget requests by certain deadlines.
  • HB 13-1243 – Concerning Factual Findings Included in Parenting Time Orders, by Rep. Dave Young and Sen. Jessie Ulibarri. The bill requires courts to submit specific facts to support endangerment of child in orders that restrict parenting time.

For a complete list of the governor’s 2013 legislative decisions, click here.

Tenth Circuit: Unpublished Opinions, 4/18/13

On Thursday, April 18, 2013, the Tenth Circuit Court of Appeals issued no published opinions and one unpublished opinion.

Kline v. Deutsche Bank National Trust

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

SB 13-256: Authorizing Any County or City and County to Use an Alternate Property Tax Protest and Appeal Procedure First Implemented in Denver

On Tuesday, April 9, 2013, Sen. Owen Hill introduced SB 13-256 – Concerning Authorization for Any County or City and County to Elect to Use an Alternate Property Tax Valuation Protest and Appeal Procedure Previously Created for the City and County of Denver. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, the county board of equalization receives and hears petitions for appeal regarding the valuation for assessment of taxable property. The county board of equalization process has multiple filing deadlines and addresses multiple valuation appeals in a single year. The board of county commissioners also receives and hears petitions for appeal and has jurisdiction over petitions for abatement or refund of taxes, including assessment of taxable property overvaluation. The board of county commissioners’ process has one filing deadline and can address valuation appeals, abatements, and refunds over multiple years.

House Bill 13-1113 created a pilot program that authorizes the governing body of the city and county of Denver, at the request of the assessor, to elect to use an alternate protest and appeal procedure that combines the multiple steps in the annual valuation dispute process through the county board of equalization into the single hearing and appeal process conducted by the board of county commissioners. House Bill 13-1113 specifies the filing deadlines for tax petitions and for resolving valuation disputes for the city and county of Denver to use the alternate protest and appeal procedure.

The bill expands the pilot program created by House Bill 13-1113 so that any county or city and county in the state may elect to use the alternate protest and appeal procedure.

Introduced on April 9, the bill has been is assigned to the Finance Committee; the bill is scheduled for committee review on April 18, “Upon Adjournment.”

Since this summary, the Finance Committee referred the bill, unamended, to the Senate Committee of the Whole for consideration on Second Reading.

SB 13-255: Increasing Resources for Child Fatality Review Teams and Clarifying Their Responsibilities

On Tuesday, April 9, 2013, Sen. John Kefalas introduced SB 13-255 – Concerning Child Fatality Review Teams, and, in Connection Therewith, Increasing the Capacity and Resources and Clarifying the Responsibilities and Processes of State and Local Child Fatality Review Teams in the Departments of Public Health and Environment and Human Services. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires county or district public health agencies to establish or arrange to be established local or regional child fatality prevention review teams operating under the purview of the department of public health and environment (local or regional review team). County or district public health agencies may collaborate to form a regional child fatality prevention review team.

The bill revises and updates language in the legislative declaration for the Colorado department of public health and environment (CDPHE) child fatality review teams.

The bill adds a definition of a “local or regional review team.”

The bill details the responsibility of local or regional review teams. The local or regional review teams are required to report case review findings to public and private agencies that have responsibilities for children and make prevention recommendations. The local and regional review teams shall also enter data into the web-based data-collection system utilized by CDPHE.

The bill amends the membership of CDPHE’s state-level child fatality prevention review team (CDPHE state review team) to include a member from the office of Colorado’s child protection ombudsman and to make numerous currently nonvoting positions into voting positions.

The bill tasks the CDPHE state review team with the following duties:

  • To conduct an individual case-specific review of every child abuse or neglect fatality in Colorado, if a local or regional review team has not conducted such a review;
  • To conduct a review of systemic child welfare issues;
  • To utilize a child fatalities data-collection system;
  • To collaborate with the Colorado department of human services child fatality review team (CDHS review team) to make joint recommendations for the prevention of child abuse and neglect fatalities;
  • To work directly with professionals who have information regarding the cause or circumstances leading to a child’s fatality;
  • To administer moneys to county and district public health agencies to support local and regional review teams;
  • To provide training and technical assistance to local and regional review teams regarding the facilitation of a child fatality review process, data collection, evidence-based prevention strategies, and the development of prevention recommendations, as well as strategies for convening a local or regional review team, establishing methods of notification after a child fatality, and strategies to address conflicts of interest; and
  • To provide an annual data report to local and regional review teams.

The bill deals with the time frame in which the CDHS review team is required to conduct a review. Currently, the CDHS review team is required to conduct an in-depth case review after an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality that involves a suspicion of abuse or neglect (incident) when the child or family has had previous involvement with the state or county within the previous two years. The bill changes that time frame to three years.

The CDHS review team is given the additional duty to make annual policy recommendations that address systems involved with children and to follow up on specific system recommendations. The CDHS review team is required to make annual reports to both the public and the legislature concerning such recommendations.

Current law also requires the CDHS review team to complete a draft, confidential, case-specific review report and submit the draft to any county department of social services with previous involvement with the child or family related to the incident within 30 days. That 30-day period is extended to 55 days.

Language is added to ensure that any information released to the public by the CDHS review team is not contrary to the best interests of the child who is the subject of the report, or his or her siblings, is in the public’s interest, and is consistent with the federal “Child Abuse Prevention and Treatment Reauthorization Act of 2010.”

The bill was introduced on April 9 and is assigned to the Health & Human Services Committee. The bill is scheduled for committee review on April 17.

Since this summary, the bill was amended in the Health & Human Services Committee and referred to the Appropriations Committee for further review.

SB 13-252: Encouraging Methane Capture Technologies by Increasing Colorado’s Renewable Energy Standard

On Wednesday, April 3, 2013, Sen. John Morse introduced SB 13-252 – Concerning Measures to Increase Colorado’s Renewable Energy Standard so as to Encourage the Deployment of Methane Capture Technologies.  This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In the statute creating Colorado’s renewable energy standard, as introduced, the bill removes in-state preferences with respect to:

  • Wholesale distributed generation;
  • The 1.25 kilowatt-hour multiplier for each kilowatt-hour of electricity generated from eligible energy resources other than retail distributed generation;
  • The 1.5 kilowatt-hour multiplier for community-based projects; and
  • Policies the Colorado public utilities commission (PUC) must implement by rule to provide incentives to qualifying retail utilities to invest in eligible energy resources.

The bill also raises the percentage of retail electricity sales that must be achieved from eligible energy resources by cooperative electric associations that provide service to 100,000 meters or more from 10 to 25 percent, starting in 2020, and increases the allowable retail rate impact for cooperative electric associations from 1 to 2 percent.

The bill expands the definition of “eligible energy resources” that can be used to meet the standards to include coal mine methane and synthetic gas produced by pyrolysis of municipal solid waste, subject to a determination by the PUC that the production and use of these gases does not cause a net increase in greenhouse gas emissions.

The bill also implements a new eligible energy standard of 25 percent for generation and transmission cooperative electric associations that directly provide electricity at wholesale to cooperative electric associations in Colorado that are its members. The standard applies only to sales by these wholesale providers to their members in Colorado. The wholesale providers are required to make public reports of their annual progress toward meeting the standard by 2020. The PUC is granted no additional regulatory authority over these providers in the implementation of this standard.

On April 12, the Senate amended the bill and passed it on 2nd Reading.

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