April 26, 2017

Archives for April 18, 2016

Bills to Make References to Attorney General Gender Neutral, Authorize Pink Vests for Hunters, and More Signed

On Tuesday, April 12, 2016, the governor signed six bills into law, and on Thursday, April 14, 2016, the governor signed 18 bills into law. To date, the governor has signed 102 bills into law this legislative session. Some of the bills signed Tuesday and Thursday include a bill to make statutory references to the attorney general gender neutral, a bill to allow hunters to wear fluorescent pink vests, a bill allowing employees of an alcohol wholesaler to purchase alcohol at wholesale prices, a bill increasing judicial discretion in sentencing for violent crimes, and more. The bills signed Tuesday and Thursday are summarized here.

Tuesday, April 12, 2016

  • SB 16-068 – Concerning Wearing Fluorescent Pink Garments to Hunt Big Game, by Sen. Kerry Donovan and Reps. Daneya Esgar & Yeulin Willett. Currently, hunters of big game are required to wear fluorescent orange clothing. The bill allows hunters to wear fluorescent pink as well.
  • HB 16-1030 – Concerning the Use of Off-Highway Vehicles, by Reps. J. Paul Brown & Lois Court and Sen. Kerry Donovan. Currently, anyone age 10 or over can operate an off-highway vehicle with supervision of a licensed driver. The bill allows local governments to require off-highway vehicle operators to have a driver’s license or carry liability insurance.
  • HB 16-1163 – Concerning Appropriations from the Noxious Weed Management Fund, by Rep. Bob Rankin and Sen. Kevin Grantham. The bill specifies that unexpended monies in the noxious weed management fund are subject to reappropriation.
  • HB 16-1182 – Concerning the Continuation of the Commodity Metals Theft Task Force, by Reps. Lois Court & Crisanta Duran and Sens. John Cooke & Rollie Heath. The bill extends the sunset of the Commodity Metals Theft Task Force until September 1, 2025.
  • HB 16-1184 – Concerning the Administration of Money that Is Required Under Existing Law to be Transferred from the High Cost Support Mechanism to the Broadband Fund, by Rep. Bob Rankin and Sen. Kevin Grantham. The bill requires that the High Cost Support Mechanism funds be transferred to the Broadband Fund on July 1 of each year, rather than on allocation.
  • HB 16-1269 – Concerning the Ability of the Department of Revenue to Allow Additional Application Methods for Identification Cards, by Rep. Jovan Melton and Sen. John Cooke. The bill allows holders of Colorado driver’s licenses that are current or less than one year out-of-date to apply by mail for an identification card.

Thursday, April 14, 2016

  • HB 16-1094 – Concerning Making References to the Attorney General in the Colorado Revised Statutes Gender Neutral, by Rep. Timothy Dore and Sen. Ellen Roberts. The bill revises the Colorado Revised Statutes to make references to the attorney general gender-neutral.
  • HB 16-1157 – Concerning the Establishment of a Future Sunset Review of the Functions Delegated to the Director of the Division of Professions and Occupations Under the “Michael Skolnik Medical Transparency Act of 2010” to Implement the Recommendations of the Department of Regulatory Agencies as Contained in its 2015 Sunset Report Pertaining to the Division of Professions and Occupations, by Reps. Alec Garnett & Tracy Kraft-Tharp and Sen. Jack Tate. The bill adds a September 1, 2021, sunset date for the Michael Skolnik Medical Transparency Act of 2010.
  • HB 16-1168 – Concerning the Continuation of the Rural Alcohol and Substance Abuse Prevention and Treatment Program, by Reps. Joann Ginal & Jessie Danielson and Sen. Ray Scott. The bill extends the sunset of the Rural Alcohol and Substance Abuse Prevention and Treatment Program until September 1, 2025.
  • HB 16-1169 – Concerning the Appointment of Representatives of the Southern Ute and Ute Mountain Ute Tribes as Voting Members of the Statewide Transportation Advisory Committee, by Rep. Don Coram and Sen. Ellen Roberts. The bill alters the membership of the Statewide Transportation Advisory Committee to include as full voting members one representative from the Southern Ute Tribe and one representative from the Ute Mountain Ute Tribe.
  • HB 16-1176 – Concerning the Authority of a Licensed Wholesaler to Establish an Employee Purchase Program Under Which its Employees May Purchase Directly from the Wholesaler Alcohol Beverage Products Sold by that Wholesaler, by Rep. Steve Lebsock and Sen. Jack Tate. The bill allows licensed vinous and spiritous wholesalers to establish an employee purchase program.
  • HB 16-1188 – Concerning Requirements for the Provision of Additional Public Information by a Separate Legal Entity Established by Contract by a Combination of Political Subdivisions of the State, by Rep. Paul Rosenthal and Sen. Beth Martinez Humenik. The bill requires a separate legal entity formed by a combination of local governments and political subdivisions to file a copy of the intergovernmental agreement with the Division of Local Government in the Department of Local Affairs.
  • HB 16-1190 – Concerning the Use of Deadly Force in a Detention Facility, by Rep. Timothy Dore and Sen. John Cooke. The bill clarifies that deadly force is not allowed against intruders in a dwelling that is a detention facility.
  • HB 16-1192 – Concerning a Nonsubstantive Recodification of the Sunset Review Procedures, by Rep. Daniel Kagan and Sen. Pat Steadman. The bill reorganizes sunset review provisions in statutes by removing repealed provisions and renumbering the remaining provisions for clarity.
  • HB 16-1193 – Concerning Granting Electronic Access to Court Information to Attorneys Under Contract with the Office of the Respondent Parents’ Counsel, by Rep. Millie Hamner and Sen. Kent Lambert. The bill grants attorneys working with the Office of Respondent Parents’ Counsel electronic access to the name index and register of actions databases in the Judicial Department.
  • HB 16-1229 – Concerning Modification of the Means of Repayment for Certain Ongoing Financial Obligations Incurred by the State in Order to Fund Capital Construction Projects for State-Supported Institutions of Higher Education, by Rep. Bob Rankin and Sen. Pat Steadman. Currently, a portion of the Federal Mineral Lease revenue is transferred into a reserve fund and a revenues fund to support capital construction projects at institutes of higher education. The bill specifies that for this fiscal year, all money in the reserve fund should be transferred into the revenues fund and the reserve fund should be eliminated.
  • HB 16-1247 – Concerning a Supplemental Appropriation to the Department of Public Health and Environment, by Rep. Millie Hamner and Sen. Kent Lambert. The bill allows a supplemental appropriation to the Department of Public Health and Environment.
  • HB 16-1272 – Concerning Procedures to be Followed in Connection with the Disconnection by Ordinance of Land from a Municipality, by Rep. Tracy Kraft-Tharp and Sen. Jack Tate. The bill modifies the procedures for the owner of a tract of land adjacent to a municipality to have the tract of land disconnected from the municipality.
  • HB 16-1297 – Concerning the Immediate Reestablishment of the Voluntary Contributions Excluded from the 2015 Colorado Income Tax Return Form for Not Receiving the Requisite Minimum Dollar Amount of Contributions by the Statutory Deadline, and, in Connection Therewith, Expanding the Number of Voluntary Contributions that May Appear on the Income Tax Return Form and Lowering the Minimum Amount of Donations that Must be Received by Every Fund Appearing on the Form, by Rep. Lois Court and Sen. Beth Martinez Humenik. The bill expands the number of voluntary contribution income tax check-offs on a state income tax form from 15 to 20 and lowers the minimum contribution amount that a program must receive to stay on the form from $75,000 to $50,000, and reestablishes check-offs that were removed last year because they did not meet the minimum contribution amount.
  • HB 16-1416 – Concerning the Transfer of Money from the General Fund to Cash Funds that are Used for the State’s Infrastructure, by Rep. Millie Hamner and Sen. Kent Lambert. The bill replaces transfers specified as percentages with actual dollar amounts.
  • SB 16-051 – Concerning Increasing Judicial Discretion Regarding the Imposition of Consecutive Sentences for Violent Crimes, by Sens. Mike Johnston & Kevin Lundberg and Rep. Jovan Melton. The bill removes the requirement that people who commit two or more separate, specified crimes of violence arising out of the same incident be sentenced consecutively.
  • SB 16-099 – Concerning Implementing Recommendations of the State Auditor’s Office by Establishing the Authority of the Correctional Education Program to Sell Inmate-Produced Products to Specified Persons, by Sen. Cheri Jahn and Rep. Dianne Primavera. The bill authorizes the correctional education program to sell goods produced by inmates to other inmates, invited guests, employees of the department, governmental agencies, or nonprofit organizations, provided certain conditions are met.
  • SB 16-110 – Concerning Protecting the Privacy of Child Victims when Releasing Criminal Justice Records, by Sen. Laura Woods and Rep. Paul Lundeen. The bill requires the custodian of criminal justice records to make a notation of “child victim” whenever the name is disclosed during official proceedings, except when information is shared between certain state and local government agencies.
  • SB 16-122 – Concerning Additional Oversight of the Activities of the Department of Transportation, by Sen. Randy Baumgardner and Reps. Dan Nordberg & J. Paul Brown. The bill requires the Colorado Department of Transportation to undergo an audit, release funds budgeted for certain projects within one year or sooner, post on its website information related to public bid contracts, and more.

For all of Governor Hickenlooper’s 2016 legislative decisions, click here.

Jay Grant and Jennifer Torrington Appointed to Denver District Court

On Thursday, April 14, 2016, Governor Hickenlooper’s office announced his appointment of Jay Grant and Jennifer Torrington to the Second Judicial District Court. Grant and Torrington will fill vacancies created by the retirement of Hon. R. Michael Mullins and the resignation of Hon. Ann B. Frick, effective July 1, 2016.

Jay Grant is currently a lead attorney in the Denver office of the Colorado State Public Defender. He previously was an attorney at Stiner, Beck, Jonson & Nolan, where he practiced criminal defense and family law, and was an attorney at Cudd & Associates, where he practiced securities law. He received his undergraduate degree from New Mexico State University in 1989, a Master’s Degree in History from New Mexico State University in 1992, and his J.D. from Oklahoma City University in 1997.

Jennifer Torrington is currently a magistrate in the Denver District Court where she oversees post-decree domestic relations cases. Prior to her work on the Denver District Court, Torrington was a magistrate for the Denver Juvenile Court from 2004 to 2015. She received her undergraduate degree from the University of Arizona in 1993 and her J.D. from the University of Colorado School of law in 1999.

For more information about the appointments, click here.

Andrea Eddy and Chelsea Malone Appointed as Denver County Court Judges

On Thursday, April 14, 2016, Denver Mayor Michael Hancock announced his appointments of Andrea Eddy and Chelsea Malone to the bench of the Denver County Court. Eddy and Malone will fill vacancies created by the retirements of Hon. Alfred Harrell and Hon. Kerry Hada, and the appointments will be effective the first week of July 2016.

Eddy is currently a Denver County Court magistrate. Prior to her work on the Denver County Court, Eddy was a Senior Deputy District Attorney in the Denver District Attorney’s Office. She is a member of the Colorado Women’s Bar Association and the Colorado GLBT Bar Association.

Malone is currently a solo practitioner at the Law Offices of Chelsea Malone and Of Counsel to the Law Offices of Fred Andrew Dunsing. Previously, Malone served as a Deputy State Public Defender. She is a member of the Colorado Criminal Defense Bar, Colorado Women’s Bar Association, and the Asian Pacific American Bar Association.

For more information about the appointments, click here.

SB 16-113: Repealing Statutory Ban on Large Capacity Ammunition Magazines

On January 29, 2016, Sen. Vicki Marble and Reps. Lori Saine & Stephen Humphrey introduced SB 16-113Concerning the Repeal of Certain Provisions Concerning Ammunition Magazines. The bill was introduced in the Senate Judiciary Committee, where it passed with no amendments. It also passed Second and Third Reading in the Senate unamended, and was referred to the House State, Veterans, & Military Affairs Committee.

This bill, if enacted, would repeal statutory provisions:

  • Prohibiting the possession of large-capacity ammunition magazines; and
  • Requiring each large-capacity magazine that is manufactured in Colorado on or after July 1, 2013 to include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013.

The law repealed under this bill was created by House Bill 13-1224. Among its provisions, that bill established four new criminal offenses (one class 6 felony, two class 1 misdemeanors, and one class 2 misdemeanor). Since HB13-1224 took effect, 20 cases have been filed. Of these 20 cases, 2 misdemeanor convictions have been entered.

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

SB 16-102: Removing Mandatory Sentences for Second Degree Assault and Bail Bond Crimes

On January 29, 2016, Sen. Andy Kerr and Rep. Dominick Moreno introduced SB 16-102Concerning the Elimination of Mandatory Sentences to Incarceration for Certain Crimes, and, in Connection Therewith, Making and Reducing an Appropriation. The bill was introduced in the Senate Judiciary Committee, where it passed without amendments and was referred to Appropriations. It was amended in Appropriations and sent to the Senate Committee of the Whole, where it passed with amendments on Second and Third Reading. In the House, the bill was assigned to and amended by the Judiciary Committee, then referred to Appropriations where it was again amended. The bill passed Second Reading in the House with amendments.

Under current law, a person who is convicted of certain types of second degree assault and convicted of violating bail bond conditions must be sentenced to a mandatory term of incarceration. This bill, if enacted, would remove the mandatory term of incarceration requirement in those circumstances.

Specifically, the Senate has proposed to delete language under C.R.S. § 18-8-212(3), which states that a person who fails to appear for a court proceeding with the intent of avoiding prosecution and who is convicted of a felony shall be sentenced to mandatory imprisonment of not less than one year if violating subsection (1) or not less than 6 months if violating subsection (2). The amendments that the Senate is proposing for this section would keep the imprisonment requirements “unless the court makes findings that unusual or extenuating circumstances exist and finds that a sentence to incarceration would not be in the interest of justice and would be inconsistent with the purposes of sentencing as described in section 18-1-102.5.”

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

SB 16-080: Enacting Requirements for In-Home Growing of Marijuana

On January 19, 2016, Sen. Linda Newell and Reps. Cole Wist & Dan Pabon introduced SB 16-080Concerning Secured Marijuana Cultivation Requirements. The bill was introduced in the Senate Business, Labor, & Technology Committee, where it passed unamended. The bill passed Second Reading in the Senate with amendments and was not further amended on Third Reading. In the House, the bill was approved by the Finance Committee with amendments. It was amended again on Second Reading in the House and passed through Third Reading. The bill is now back in the Senate for consideration of the House amendments.

C.R.S. § 18-18-406 sets forth the requirements to be met for persons cultivating adult-use marijuana at their residence. Under current law, if a person is growing adult-use marijuana in a residence where another person, who is under the age of 21, resides, the grow site must be in an enclosed and locked space.

Additionally, if no person under 21 years old lives in the residence, but a person under 21 years old enters the residence, the person growing the marijuana must ensure access to the grow site is reasonably restricted during the period the under-aged person is staying at the residence. The bill also applies the same conditions to a person growing medical marijuana.

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

Tenth Circuit: Unpublished Opinions, 4/15/2016

On Friday, April 15, 2016, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Cudd Pressure Control, Inc. v. New Hampshire Insurance Co.

Winkel v. Heimgartner

Aman v. Dillon Companies, Inc.

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.