May 28, 2017

Archives for April 20, 2016

Bills Limiting Foreclosure Finder’s Fee, Clarifying Documentary Recording Fees, and More Signed by Governor

On Friday, April 15, 2016, Governor Hickenlooper signed 15 bills into law. To date, he has signed 117 bills this legislative session. Some of the bills signed Friday include a bill reducing finder’s fees for public trustee foreclosures, a bill treating sexual trafficking of a child as child abuse for dependency and neglect cases, a bill clarifying how to calculate filing fees for recording grants or conveyances of real property, and more. The bills signed Friday are summarized here.

  • HB 16-1011 – Concerning the Removal of Restrictions on the Authority of a Board of a Metropolitan District to Provide Activities in Support of Business Development Within the District, by Rep. Ed Vigil and Sens. Leroy Garcia & Kevin Grantham. The bill removes the specified minimum valuation of commercial property for which a board of a metropolitan district can provide activities in support of business recruitment, management, and development.
  • HB 16-1066 – Concerning an Habitual Domestic Violence Offender, by Rep. Kit Roupe and Sen. Linda Newell. Currently, a judge must make a finding of fact regarding whether a defendant is a habitual domestic violence offender. The bill specifies that the trier of fact (judge or jury) may determine habitual status.
  • HB 16-1073 – Concerning the Qualifications of Licensed Electricians, by Reps. Crisanta Duran & Brian DelGrosso and Sens. Lucia Guzman & Mark Scheffel. The bill creates new renewal requirements for people seeking to renew licenses as master electricians, journeyman electricians, or residential wiremen. Renewal applicants will be required to complete 24 hours of continuing education rather than passing a competency evaluation.
  • HB 16-1090 – Concerning the Conditions Under Which a Person May Assist Another for Compensation in Obtaining the Proceeds of a Foreclosure Sale After All Liens Have Been Satisfied, by Rep. Beth McCann and Sen. Cheri Jahn. The bill limits the premium, or finder’s fee, that a person may charge for offering assistance in recovering the balance of the purchase price of a foreclosed property after all liens and claims against the property have been satisfied.
  • HB 16-1098 – Concerning Updates to Provisions Relating to School Discipline Reporting, by Rep. Polly Lawrence and Sen. Linda Newell. The bill modifies school discipline reporting requirements, requiring that agencies of the Judicial Department make information regarding expunged juvenile delinquency proceedings available to the Division of Criminal Justice, specifies that the attorney general’s requirement to report names of students given criminal citations or diversion is exempt from statutes prohibiting dissemination of confidential information, and allows aggregation of data about incidents involving law enforcement on school property.
  • HB 16-1103 – Concerning Clarifying License Pathways for the Mental Health Professional Workforce, by Reps. Tracy Kraft-Tharp & Lois Landgraf and Sens. Beth Martinez Humenik & Nancy Todd. The bill specifies that candidates seeking licensure as mental health professionals may, but are not required to, register with the database of registered psychotherapists after completing their degree.
  • HB 16-1106 – Concerning the Authority of a County to Designate Public Roads as a Section of a Pioneer Trail, by Rep. Jim Wilson and Sens. Kevin Grantham & Leroy Garcia. The bill allows a board of county commissioners to designate by resolution any public roads in the county as a pioneer trail, with certain conditions.
  • HB 16-1145 – Concerning the Determination of the Documentary Fee Imposed for Recording a Grant or Conveyance of Residential Real Property, by Rep. Steve Lebsock and Sen. Jack Tate. The bill clarifies that the filing fee for a residential real property conveyance is calculated based on the total sales price, as listed on the conveyance document, and if there is no sales price listed or the amount is less than $500, the documentary fee is calculated based on the total sales price listed on the declaration form.
  • HB 16-1149 – Concerning a Requirement that the Executive Board of a Common Interest Community Created in Colorado Before July 1, 1992, Comply with the Budget Reporting Provision of the “Colorado Common Interest Ownership Act”, by Rep. Jovan Melton and Sen. Linda Newell. Currently, common interest communities established before July 1, 1992 are exempt from certain reporting requirements. The bill removes the exemption.
  • HB 16-1170 – Concerning the Continuation of the Division of Racing Events in the Department of Revenue, and, in Connection Therewith, Implementing Recommendation 1 of the 2015 Sunset Report of the Department of Regulatory Agencies, by Reps. Ed Vigil & Don Coram and Sens. Jerry Sonnenberg & Leroy Garcia. The bill extends the sunset of the Division of Racing Events and the Colorado Racing Commission until September 1, 2023.
  • HB 16-1189 – Concerning the Regulation of Bingo-Raffle Licenses, by Rep. Cole Wist and Sen. Ellen Roberts. The bill makes changes to the Secretary of State’s regulation of bingo-raffle licenses. Specifically, the bill allows people whose license was denied to appeal to an ALJ within 60 days, clarifies when consolation prizes must be reported, and removes a restriction on the number of games a person can be a game manager for.
  • HB 16-1224 – Concerning Child Abuse Involving Human Trafficking of Minors, by Rep. Paul Lundeen and Sen. Laura Woods. The bill adds human trafficking of a minor for sexual servitude or commercial sexual exploitation to the definition of child abuse for purposes of dependency and neglect. The bill also requires county departments of human services to immediately offer services to children who are victims of human trafficking when appropriate and to file petitions in juvenile court on the child’s behalf.
  • HB 16-1236 – Concerning Continuation of the Infection Control Advisory Committee, by Rep. Dianne Primavera and Sen. Larry Crowder. The bill extends the sunset of the Infection Control Advisory Committee until July 1, 2021.
  • SB 16-013 – Concerning Statutory Changes Related to the Office of the Child Protection Ombudsman, by Sen. Linda Newell & Rep. Jonathan Singer. The bill makes several statutory changes regarding the Office of the Child Protection Ombudsman, including clarifying its board’s advisory nature, clarifying certain duties and the relationship between the office and the Judicial Department, and removing an audit requirement.
  • SB 16-125 – Concerning the Governance of Credit Unions, and, in Connection Therewith, Authorizing the Appointment of an Audit Committee in Lieu of a Supervisory Committee and Allowing the Reasonable Compensation of a Director for His or Her Service to the Credit Union, by Sen. Chris Holbert and Rep. Tracy Kraft-Tharp. The bill allows the board of directors of a credit union to appoint an audit committee in lieu of a supervisory committee.

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

HB 16-1301: Providing Tax Credit to Colorado Businesses that Offer High-Quality Apprenticeships for Top Jobs

On February 26, 2016, Rep. Alec Garnett and Sen. Mark Scheffel introduced HB 16-1301Concerning an Income Tax Credit for Colorado Businesses that Offer High-quality Apprenticeships for Top Jobs. The bill was assigned to the House Finance Committee, where it was amended and referred to Appropriations. The bill passed out of the Appropriations Committee with amendments and was again amended on Second Reading in the House.

This bill provides an income tax credit to qualified Colorado businesses that meet certain criteria and retain pre-apprentices or apprentices. The tax credit is administered by the Colorado Department of Labor and Employment (referred to herein as “Department”). The intended purpose of the tax credit is to offset a small portion of the cost to the business to create experiential learning opportunities for the state’s youth.

On or before August 15, 2016, and on or before July 1, 2017-2019, the Work Force Development Council shall publish on its website, and send to the Department, a list of top jobs with the greatest regional and state demand.

To be eligible for the tax credit, a taxpayer must be a (1) business in the state that offers top jobs, and a business that: (2) offers a pre-apprenticeship or apprenticeship program; (3) is aligned with a postsecondary education or employment opportunity; (4) employs a sufficient number of program case managers; (5) provides students with training or course work that is designed to prepare the students for the pre-apprenticeship or apprenticeship; (6) implements adequate safety and supervisory safeguards for the participating students; and (7) retains at least one pre-apprentice or apprentice.

To be eligible for the tax credit, a construction industry taxpayer must be a (1) construction industry business in the state that offers top jobs, and the construction business must have at least one of the following employees during the year for which the tax credit is sought: (2-A) an employee who graduated from a construction industry pre-apprenticeship program and who has been accepted into a apprenticeship program; or (2-B) an employee who is a registered apprentice enrolled in a apprenticeship program.

The Department shall promulgate rules for the issuance of the credit certificates. The Department shall review each tax credit application. If the taxpayer receives conditional approval, the taxpayer shall submit to the Department a request for the issuance of a credit certificate. If the Department determines the taxpayer is qualified, the Department, in its discretion, may issue a tax credit certificate for each pre-apprentice (not to exceed $2,500 per pre-apprentice) or apprentice (not to exceed $5,000 per apprentice) retained, totally up to one million dollars per income tax year. The credit certificate must be submitted by the qualified taxpayer to the Department of Revenue. The Department shall disclose in an annual report to the General Assembly and Department of Revenue the certificates issued in the previous year.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1302: Aligning Colorado Work Force Investment Act with Federal Workforce Innovation and Opportunity Act

On February 26, 2016, Reps. Crisanta Duran & Brian DelGrosso and Sen. Linda Newell introduced HB 16-1302Concerning the Alignment of the Colorado Statutes with the Federal “Workforce Innovation and Opportunity Act” through the “Colorado Career Advancement Act.” The bill was introduced in the House Business Affairs and Labor Committee, where it was amended and referred to the House Committee of the Whole. The bill passed Second Reading in the House, amended, and passed Third Reading unamended. The bill was introduced in the Senate and assigned to the Business, Labor, & Technology Committee.

The bill changes the title of the “Colorado Work Force Investment Act” to the “Colorado Workforce Innovation and Opportunity Act” and aligns the current state statute with the federal “Workforce Innovation and Opportunity Act” (stated herein as “federal act”). Passage of the federal act in July 2014 created inconsistencies between Colorado statutes and the federal law with respect to workforce development activity, and this bill updates the language of the previously named “Colorado Work Force Investment Act” to comport with federal law.

First, this bill adds a number of definitions for programs, boards, individuals and geographical regions that are used throughout the bill (and referenced herein).

Second, this bill clarifies the roles that specific entities within Colorado play in work force development programs.

Regarding the work force development program (newly defined), counties are now responsible for determining any expenditure of TANF funds for the cash contributions to infrastructure of the one-stop delivery system or delivery contracts. Beginning July 1, 2017, the one-stop operator (newly defined) must be selected in accordance with the federal act and local policy in the work force development area (newly defined), and if no qualified one-stop operator responds to the procurement process, the local elected officials (newly defined) of that area may designate a one-stop operator.

Local elected officials of a local work force development program area shall appoint a work force board (newly defined) to oversee the one-stop operator, one-stop career center, and local workforce development programs.

A work force development board (newly defined) may designate standing committees that include work force development board members, experienced members of the public, and other listed individuals. The standing committees may be formed to assist with issues related to compliance with federal law dealing with individuals with disabilities, or for any purpose the boards “deem necessary.”

In accordance with federal law, every two years the state work force development council, in consultation with local elected officials, shall conduct a process to identify planning regions (newly defined). The state council shall encourage development programs and areas to enroll individuals in educational programs related to industries that are in demand in that development area. The state council shall work with local communities and their representatives to market and outreach to the public about the opportunities available in the development areas.

Third, the bill removes a number of requirements that existed under state law that no longer apply to due changes in federal law, and instead, the bill requires compliance with federal law. The material state law requirements removed include: (1) the details of the local plans (newly defined); (2) the details of the state plan (newly defined); and (3) establishment of youth council as a subgroup within the work force boards and rural consortium development boards (newly defined).

Fourth, the bill reduces from five years to four years the plan of administering the work force development program with respect to the submission by: (1) each sub-area board (newly defined) of a local plan for its work force development sub-area (newly defined), to be approved by the rural consortium development board; (2) each local work force development area of a local plan to be approved by the governor; and (3) the governor of the state plan to the federal government.

Fifth, the bill allows any county, municipality, city and county, or combination thereof, on an annual basis, to petition the governor to form a new work force development area, and, subject to the governor’s approval, any combination of state localities may operate a development area as a single unit.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1308: Establishing Criminal Penalties for Misrepresentation of a Service Animal

On March 2, 2016, Rep. Daniel Kagan and Sen. Linda Newell introduced HB 16-1308Concerning the Offense of Intentional Misrepresentation of a Service Animal. The bill was introduced in the House Judiciary Committee, where it was amended and referred to the House Committee of the Whole. The bill was amended on Second and Third Readings in the House and was assigned to the Senate Judiciary Committee, where it was postponed indefinitely.

This bill creates the criminal offense of intentional misrepresentation of a service animal (referred to herein as “offense), which is committed if: (1) a person intentionally misrepresents an animal in his or her possession as a service animal (or service-animal-in-training) for the purpose of obtaining any of the rights or privileges granted by law to persons with disabilities; and (2) the person knows that the animal is question is not a service animal (or service-animal-in-training).

If convicted, the defendant must pay $33 plus: $350-$1,000 for a first offense; $600-$1,000 for a second offense; and $1,000-$5,000, plus community service, for a third offense.

A district court may order the conviction record sealed if: (1) the defendant files a petition and pays the filing fee; (2) the defendant’s first offense was at least three years prior to filing the petition; and (3) the defendant has not had a subsequent conviction for the offense.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

SB 16-106: Giving Secretary of State Authority to Appoint ALJs to Handle Campaign Finance Complaints

On January 29, 2016, Sen. Chris Holbert and Rep. Joseph Salazar introduced SB 16-106Concerning Measures to Facilitate The Efficient Administration of Colorado Laws Governing Campaign Finance, and, in Connection Therewith, Making and Reducing an Appropriation. The bill was introduced in the Senate State, Veterans, & Military Affairs Committee, where it was amended and referred to Appropriations. The Senate Appropriations Committee further amended the bill and referred it to the Senate floor for Second Reading. The bill passed Second Reading in the Senate with amendments and passed Third Reading with no further amendments. The bill was referred to the House and introduced in the State, Veterans, & Military Affairs Committee.

This bill aims to do two things in order to facilitate the administration of Colorado laws governing campaign finance. First, Section 1 of the bill modified the definition of limited liability company in the Fair Campaign Practices Act. The reengrossed bill, however, does not provide the new definition for limited liability company.

Second, C.R.S. § 24-30-1004(1)(a) of the bill gives the Secretary of State the authority to appoint and designate persons to serve as Administrative Law Judges (ALJ) in connection with any complaint alleging a violation of the campaign finance laws that is referred to such ALJ. Additionally, Section 2 of the bill specifies the procedures by which ALJ appointments are to be made.

Specifically, under Subsection (I), the Secretary of State shall appoint two persons, who must have been affiliated with a major political party for at least five years, to a recommendations committee to assist in appointing ALJs.

Under Subsection (II), the committee must solicit with 30 days of appointment, by notice on the Secretary of State’s website, a list of candidates being considered for an ALJ appointment.

Subsection (IV) provides that, not later than 30 days after posting the list of candidates for notice & comment, the recommendations committee shall recommend two candidates for each ALJ appointment opening to the Secretary of State. The bill also provides that, for the initial appointment, five candidates shall be recommended.

Subsection (V) provides the term lengths for the appointed ALJs. The initial three appointments will serve terms of two years, three years, and four years, respectively. The term for appointments made following the initial ALJs will be three years.

Furthermore, the bill stipulates the minimum requirements, powers, and duties for a person appointed to be an ALJ. Section 2 also requires the Secretary of State, not later than January 1, 2017, to establish and maintain a program to train ALJs to undertake their powers and duties.

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

Tenth Circuit: Unpublished Opinions, 4/19/2016

On Tuesday, April 19, 2016, the Tenth Circuit Court of Appeals issued three published opinions and two unpublished opinions.

United States v. Diaz-Gomez

DeJean v. Grosz

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