June 24, 2017

Archives for May 5, 2016

Top Ten Reasons to Attend the Rocky Mountain Intellectual Property Institute

Each year, Colorado Bar Association CLE hosts the Rocky Mountain Intellectual Property & Technology Institute, the “place to be for the best IP.” In case you haven’t yet registered for this year’s event, here are the Top Ten Reasons to Attend:

Top Ten Reasons to Attend the 2016 Intellectual Property & Technology Institute

10. Anyone who’s anyone will be there! And if you’re not there, anyone who’s anyone will know.
9. Patents … Trademarks …Copyrights … Licensing …Technology & Transactions!
8. Learn best practices and practical tips that you can apply immediately.
7. Special panels of USPTO patent judges and SPEs discussing developments at the USPTO.
6. Over 40 sessions presented by an all-star faculty of leading IP practitioners.
5. Grow your professional contacts through networking opportunities with IP attorneys from … well … from all over!
4. Receive the digital course materials AND the MP3 audio download for the ENTIRE Institute!
3. Some of the best from across the nation come together to share their knowledge & insights with you!
2. Annual case law updates of all branches of IP law.
1. This Institute has quickly become “the place to be for the best IP” in the western United States!

If that wasn’t enough to convince you, watch this video of Rocky Mountain Regional U.S. Patent & Trademark Office Director Molly Kocialski and Program Chair Nate Trelease explaining what you’ll learn at the Institute:

Don’t miss the 14th Annual Rocky Mountain Intellectual Property & Technology Institute! Register today.

CLE Program — 14th Annual Rocky Mountain Intellectual Property & Technology Institute

This CLE presentation will occur on June 2-3, 2016, at the Westin Westminster Hotel. Register online or call (303) 860-0608. Can’t make the live program? Order the homestudy here: CDMP3

Long Appropriations Bill, SCFD Bill, and Many More Signed by Governor

On Wednesday, May 4, 2016, Governor Hickenlooper signed 24 bills into law. Many of the bills signed Wednesday addressed transfers of moneys and financing. Some of the other bills signed Wednesday include a bill addressing the location where competency evaluations should be completed, a bill enacting statutory changes recommended by the Child Support Commission, and a bill regarding transfers of property rights on death.

Additionally, on May 3, Governor Hickenlooper signed the Long Appropriations Bill for 2016-17, HB 16-1405, and on April 29, Governor Hickenlooper signed SB 16-016, which will allow the submission of a ballot question to voters regarding extending the funding for the Scientific and Cultural Facilities District for twelve more years. To date, the governor has signed 167 bills this legislative session. The bills signed by Governor Hickenlooper this past week are summarized here.

April 29, 2016

  • SB 16-016 – Concerning the Scientific and Cultural Facilities District, and, in Connection Therewith, Amending the Ballot Question Concerning the Extension of the District to be Submitted to the Voters and Modifying Statutory Provisions Concerning the Administration of the District, by Sens. Pat Steadman & Bill Cadman and Reps. Dickey Lee Hullinghorst & Polly Lawrence. The bill allows the SCFD to submit a ballot question to district voters at the 2016 or 2017 November election authorizing the extension of the tax for 12 years through June 30, 2030, and changes the SCFD funding formula.

May 2, 2016

  • HB 16-1405 – The 2016-17 Long Appropriations Bill, by Rep. Millie Hamner and Sen. Kent Lambert. The bill sets forth the budget for the 2016-17 fiscal year.

May 3, 2016

  • HB 16-1048 – Concerning Modifications to the Business Enterprise Program to be Administered by the Department of Labor and Employment Under its Authority to Administer Vocational Rehabilitation Programs, by Rep. Dianne Primavera and Sen. Kevin Lundberg. The bill establishes a working group in the Colorado Department of Labor and Employment to study ways to expand opportunities for Business Enterprise Program vendors.
  • HB 16-1158 – Concerning Continuation Under the Sunset Law of the Identity Theft and Financial Fraud Board, by Rep. Pete Lee and Sen. Chris Holbert. The bill extends the sunset of the Identity Theft and Financial Fraud Board until September 1, 2025.
  • HB 16-1159 – Concerning Continuation Under the Sunset Law of the Colorado Fraud Investigators Unit, by Rep. Pete Lee and Sen. Chris Holbert. The bill extends the sunset of the Colorado Fraud Investigators Unit until September 1, 2025.
  • HB 16-1165 – Concerning Statutory Changes Based on the Recommendations in the Report of the 2013-2015 Colorado Child Support Commission, by Reps. KC Becker & Lois Landgraf and Sen. Larry Crowder. The bill amends child support guidelines and related statutes based on the findings of the Colorado Child Support Commission, including allowing discovery of insurance claims, requiring an annual exchange of financial information between parents, changing the formula to determine gross income, limiting the period in which a party can seek retroactive child support, and more.
  • HB 16-1268 – Concerning District Attorney’s Representation in Certain Hearings Arising from Interstate Supervision Contracts, by Rep. Mike Foote and Sen. John Cooke. The bill clarifies that a district attorney must appear on behalf of the state and counties of his or her district in any probable cause hearing for a matter under the Interstate Compact for Adult Offender Supervision or the Interstate Compact for Juveniles.
  • HB 16-1298 – Concerning Changes in Permissible Vehicle Dimensions, by Rep. Jovan Melton and Sen. John Cooke. The bill changes the maximum permissible vehicle dimensions.
  • HB 16-1317 – Concerning Clarifying the Types of Transactions that May Be Included in a Motor Vehicle Service Contract, by Rep. Angela Williams and Sen. Chris Holbert. The bill authorizes certain services to be included in a motor vehicle service contract, including tire and windshield repair, key fob repair, and more.
  • HB 16-1379 – Concerning the Criteria Under Which the State Board of Psychologist Examiners May Award Professional Development Credit for Specific Activities Currently Included in the Continuing Professional Development Program for Licensed Psychologists, by Rep. Tracy Kraft-Tharp and Sen. Beth Martinez Humenik. The bill clarifies and amends portions of the continuing professional development program for licensed psychologists, including allowing credit hours for teaching or giving presentations; allowing credit hours for writing, editing, or reviewing psychology publications; and limiting the award of credit hours to review of peer review journal articles.
  • HB 16-1406 – Concerning Department of Corrections Reimbursement of Expenses of County Coroners, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill requires the Department of Corrections (DOC) to reimburse a county for reasonable and necessary costs related to investigations or autopsies for persons who were in the custody of the DOC at the time of their death. Costs may include transportation, refrigeration, and body bags.
  • HB 16-1407 – Concerning the Continuation of the Medicaid Payment Reform and Innovation Pilot Program, and, in Connection Therewith, Changing the Time Frames, Eliminating the Repeal Date of the Pilot Program, Enhancing the Reporting Requirements of the Department of Health Care Policy and Financing, and Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill removes the July 1, 2013, deadline for HCPF to review and select payment projects for inclusion in the Medicaid Payment Reform and Innovation Pilot Program, and removes the June 30, 2016, deadline by which payment projects must be completed.
  • HB 16-1408 – Concerning the Allocation of Cash Fund Revenues to Health-Related Programs, and, in Connection Therewith, Modifying and Streamlining the Allocation of Tobacco Litigation Settlement Moneys by Replacing the Current Two-Tier Allocation System that Includes Both Percentage-Based and Fixed Amount Allocations of Settlement Moneys with a Single Set of Exclusively Percentage-Based Allocations and Replacing Settlement Moneys Funding for Specified Programs with Marijuana Tax Cash Fund Funding; Allocating Additional Settlement Moneys to the University of Colorado Health Sciences Center for Cancer Research Only; Transferring a Specified Amount from the Children’s Basic Health Plan Trust to a Newly Created Primary Care Provider Sustainability Fund on July 1, 2016; and Making and Reducing Appropriations, by Rep. Bob Rankin and Sen. Pat Steadman. The bill establishes a new formula for the allocation of the annual payment received by the state as part of the Tobacco Master Settlement Agreement, allocating revenue by percentage shares, rather than the hybrid scheme of fixed dollar amounts and capped percentage shares in multiple tiers.
  • HB 16-1409 – Concerning the Transfer of Forty-Two Million Eight Hundred Thousand Dollars on June 30, 2016, from the Unclaimed Property Trust Fund for State Programs, by Rep. Bob Rankin and Sen. Pat Steadman. The bill transfers $42,800,000 out of the Unclaimed Property Trust Fund and places it in the General Fund and the Adult Dental Fund.
  • HB 16-1410 – Concerning Matters Related to the Location Where a Competency Evaluation is Conducted, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Dave Young and Sen. Kevin Grantham. The bill changes procedures around competency evaluations in criminal proceedings, including requiring the court to order the evaluation to take place on an outpatient basis or, if the defendant is in custody, at the place where the defendant is in custody.
  • HB 16-1411 – Concerning the Supportive Residential Community Program Operated at the Fort Lyon Property, and, in Connection Therewith, Requiring a Longitudinal Evaluation of the Program; and Making an Appropriation, by Rep. Bob Rankin and Sen. Pat Steadman. The bill repeals the supportive residential community for individuals who are homeless at the Fort Lyon property in Bent County, and requires a longitudinal study of the program prior to its repeal.
  • HB 16-1413 – Concerning the Financing of the Water Pollution Control Program, and, in Connection Therewith, Making an Appropriation, by Rep. Bob Rankin and Sen. Kevin Grantham. The bill repeals the Water Quality Control Fund and creates a separate cash fund for each of the six clean water sectors, which will receive the fees specific to its sector.
  • HB 16-1415 – Concerning the Manner in which the State Funds Driver and Vehicle Services by the Division of Motor Vehicles in the Department of Revenue, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Millie Hamner and Sen. Pat Steadman. The bill changes the way the state funds driver and vehicle services in the DMV, by increasing the fees charged for services, allowing for funding through the Highway Users Tax Fund, eliminating the end of the year transfer of the excess reserve from the Licensing Services Cash Fund to the HUTF, and exempting the LCSF from the limit on cash reserves.
  • HB 16-1417 – Concerning Capital-Related Transfers of Moneys, by Rep. Millie Hamner and Sen. Kent Lambert. The bill makes three FY 2016-17 transfers to the Capital Construction Fund from several sources.
  • HB 16-1418 – Concerning a Transfer from the Marijuana Tax Cash Fund to the General Fund, by Rep. Bob Rankin and Sen. Pat Steadman. The bill transfers $26,277,661 from the Marijuana Tax Cash Fund (MTCF) to the General Fund.
  • HB 16-1419 – Concerning a Reduction in the Amount of the General Fund Reserve Required for the Fiscal Year 2015-16, by Rep. Millie Hamner and Sen. Kent Lambert. The bill reduces the FY 2015-16 statutory General Fund reserve from 6.5 percent to 5.6 percent.
  • SB 16-058 – Concerning the Regulation of Certain Foods, and, in Connection Therewith, Exempting Certain Food Producers from Licensure, Inspection, and Other Regulation, and Making an Appropriation, by Sen. Owen Hill and Rep. KC Becker. The bill modifies the “Colorado Cottage Foods Act,” which allows homemade food producers to sell certain food products directly to consumers, by eliminating the tiered system and the State Board of Health’s authority to make rules governing the production of tier two foods, which currently consist of pickled vegetables, and by expanding the type of foods that may be sold by producers under the Cottage Foods Act to include other nonpotentially hazardous foods and encouraging, rather than mandating, a producer to take a food safety course.
  • SB 16-126 – Concerning Parity of State-Chartered Banks with Federally Chartered Banks Regarding Frequency of Meeting, by Sen. Ellen Roberts and Reps. Alec Garnett & Dan Nordberg. Under current law, the board of directors for a state bank is required to meet monthly. This bill requires those meetings to be held at least quarterly unless the board specifies a different schedule.
  • SB 16-133 – Concerning the Transfer of Property Rights Upon the Death of a Person, and, in Connection Therewith, Clarifying Determination-of-Heirship Proceedings in Probate, by Sen. Jack Tate and Reps. Dan Pabon & Yeulin Willett. The bill changes procedures for affirming the death of a decedent with shared ownership of real property, and makes changes to probate law for determining heirs, devisees, and property interests. It changes the definition of “interested person” to include an owner by descent or succession and to exclude any person holding a non-ownership interest in a decedent’s property. The bill also enacts portions of the “Uniform Power of Appointment Act.”
  • SB 16-137 – Concerning a Clarification of the Authority of the Parks and Wildlife Commission to Enter Into an Agreement with a Private Landowner, by Sens. Mike Johnston & Jerry Sonnenberg and Rep. Timothy Dore. The bill clarifies that the preference program does not limit the Colorado Parks and Wildlife Commission from entering into an agreement with a private landowner for public hunting and fishing and including the issuance of a hunting license in that agreement.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Sean May Memorial 9 Mile and 5K Run/Walk This Weekend

Sean May

Sean May

The 8th Annual Sean May Memorial Run/Walk will be held at Barr Lake State Park on Saturday, May 7, 2016. Each year, the 17th Judicial District Access to Justice Committee hosts the Sean May Memorial Run/Walk to commemorate Sean May, a deputy district attorney from the 17th Judicial District who championed personal responsibility, including treating victims, the community, defendants, and the courts with dignity and respect. During his seven years of service in Adams County, May volunteered for the Child Victim Unit, where he pursued justice for children who had been physically and/or sexually abused. May died on August 27, 2008, when he was shot in his backyard when returning from work. At the time of his death, he was responsible for training and supervising new prosecutors.

This year’s event will feature a 9 mile run, a 5K, and a family fun run/walk at beautiful Barr Lake State Park. The course passes by several wildlife viewing stations and the park’s wildlife refuge. More than 350 species of birds have been spotted in the park. Numerous bald eagles winter at Barr Lake and one pair stays to nest and raise its young every year. Registration opens at 7:30 am, and the 9 mile run starts at 9 am, followed by the 5K at 9:15 and the fun run after that. Register online or at the race.

For more information about the run, click here.

SB 16-197: Allowing Liquor-License Drugstores to Open Five Additional Stores on Same License

On April 22, 2016, Sen. Pat Steadman introduced SB 16-197Concerning the Retail Sale of Alcohol Beverages. The bill was assigned to the Senate Business, Labor, & Technology Committee.

The bill establishes a number of requirements with respect to the licensing of alcohol retailers, as well as establishing requirements for the distribution and sale of alcohol by licensed wholesalers, retailers, and their employees.

First, on or after January 1, 2017 and before January 1, 2027, a liquor-licensed drugstore (“LLD”) seeking to obtain an additional LLD license must apply to the state and local licensing authorities, as part of a single application, for a transfer of ownership of two retail liquor stores, a change of location, and a merger and conversion of the two retail liquor stores. A LLD licensee may make said application only if: (1) the LLD pays a minimum purchase price of $350,000 per retail liquor store to acquire ownership of the two licensed retail liquor stores; (2) the two retail liquor stores are located within the same local licensing authority jurisdiction as the premises for which the applicant is seeking a LLD license; and (3) the premises for which the LLD license is sought is not located within 2,500 feet of another licensed premises.

Further, in making its determination on the application, the local licensing authority may consider the reasonable requirements of the neighborhood. A local licensing authority may conduct a hearing on the application for transfer of ownership after notifying the applicant of the hearing at least 10 days before the hearing by posting – or directing the license applicant to post – a notice of the hearing in a conspicuous location on the licensed premises for a least 10 consecutive days before the hearing. A LLD applying for a license merger and conversion is ineligible for a temporary permit, and a local licensing authority shall not issue a temporary permit to a LLD that has acquired ownership of licensed retail stores in accordance with this section of the bill.  The state licensing authority shall establish fees for a transfer or ownership, change of location, and license merger and conversion not to exceed $1000.

Second, a LLD on or after January 1, 2017 shall have a least one permitted manager conduct the LLD’s purchase of alcohol from a licensed wholesaler. The state licensing authority may issue a manager’s permit to an individual who is employed by a LLD and who will be in actual control of the alcohol beverage operations, as long as the individual demonstrates that he or she: (1) has not been convicted of a crime involving the sale or distribution of alcohol within 8 years of submission of the application; (2) has not been convicted of a felony within 5 years of submission of the application; (3) is at least 21 years of age; (4) has not had a manager’s permit or similar permit revoked by the issuing authority within 3 years of submission of the application; and (5) is certified as a responsible alcohol vender. It is unlawful for an individual with a manager’s permit to be directly or indirectly interested in a licensed wholesaler, a licensed manufactured, or any business that has had its license revoked by the state issuing authority within 8 years of submission of the application for a manager’s permit. For each manager’s permit, an annual fee of $100 shall be paid in advance to the Department of Revenue. The state licensing authority shall also establish fees for applications for manager’s permits.

Third, an employee of a LLD who is involved in selling alcohol must obtain and maintain a certification as a responsible alcohol vender. An employee of a LLD who is under 21 years of age shall not have any contact with malt, vinous, and spirituous liquors (“liquors” or “liquor”) offered for sale. A LLD shall not store alcohol off the licensed premises. A LLD shall not comingle the liquors it offers with any other products, and the LLD shall shelve and display the liquors separately from other nonalcoholic beverages.

Fourth, a person licensed to sell malt, vinous, and spirituous liquors (“liquors” or “liquor”) shall: (1) not sell liquors at a price below the cost to purchase the liquors; (2) not allow consumers to purchase liquors at a self-checkout; (3) require purchasers of liquors to present a valid, government-issued identification verifying the purchaser is 21 years of age; and (4) not sell clothing or accessories imprinted with advertising, logos, slogans, trademarks, or messages related to alcoholic beverages. A person licensed on or after January 1, 2017, shall not purchase liquors from a wholesaler on credit, and shall effect payment upon delivery of the liquors.

Fifth, a licensed wholesaler: (1) shall make all deliveries of alcohol to LLD in compliance with the bill; (2) shall take orders for alcohol only from a permitted manager of a LLD; (3) may unload alcohol at a LLD’s loading dock at any time that the location is open to the public; (4) shall make available to all licensed retailers in the state all liquors and brands of alcohol sold by the wholesaler; and (5) may establish purchase requirements, unless the requirements have the effect of excluding a majority of licensed retailers from purchasing a brand of alcohol.

Seventh, in addition to selling liquors, a retail liquor store may sell, without limitation: nonalcoholic beverages; liquor-filled candy; snack food items; kegs and growlers; beer/wine/spirit-making kits and supplies; lemons, limes, cherries, olives, and other food items used in preparing or garnishing alcoholic beverages; clothing or accessories imprinted with advertising, logos, slogans, trademarks, or messages related to alcoholic beverages; lottery tickets; tobacco products; and other merchandise not related to the consumption of alcohol, but only if the annual gross revenues from the sale of such other merchandise does not exceed 20% of the store’s total annual gross revenues. A retail liquor store shall not sell retail marijuana.

Eighth, an owner, part owner, shareholder, or person directly or indirectly interested in a LLD may have an interest in (1) up to five additional LLD licenses if obtained on or after January 1, 2017 and before January 1, 2027, and (2) an unlimited number of additional LLD licenses if obtained on or after January 1, 2027. An owner, part owner, shareholder, or person directly or indirectly interested in a retail liquor store may have an interest in up to five additional retail liquor store licenses.

Tenth, it is unlawful for any licensed retailer: (1) to sell fermented malt beverages to any person between the hours of midnight and 8:00 AM (previously, midnight to 5:00 AM); (2) to employ a person who is at least 18 years of age but under 21 years of age to sell or dispense liquor, unless the employee is supervised by another person who is on the licensed premises and is at least 21 years of age; (3) if licensed as a tavern, retail liquor store, or LLD, to permit an employee who is under 21 years of age to sell liquor; or (4) if licensed as a LLD, to permit an employee who is under 21 years of age to have any contact with liquors offered for sale, or sold and removed from, the licensed premises of the LLD. It is not unlawful for a retail licensee or his or her employee to sell liquor to a consumer who is or reasonably appears to be over the age of 50 and who failed to present identification.

Lastly, the bill removes the requirement that a “fermented malt beverage” be no more than three and two-tenths percent alcohol by weight or four percent alcohol by volume. With respect to “malt liquors,” the bill replaces the requirement that the malt liquor contain no more than three and two-tenths percent alcohol by weight or four percent alcohol by volume with the requirement that the malt liquor contain “not less than one-half of one percent alcohol by volume.”

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

SB 16-191: Allowing Appropriations from Marijuana Cash Fund for Cannabis Research

On April 19, 2016, Sen. Pat Steadman and Rep. Bob Rankin introduced SB 16-191Concerning Marijuana Research Funded by the Marijuana Tax Cash Fund. The bill was assigned to the Senate Appropriations Committee, where it was amended and referred to the Senate Committee of the Whole. The bill passed Second Reading in the Senate with amendments and passed Third Reading with no further amendments. It was introduced in the House and assigned to the Appropriations Committee.

This bill allows the General Assembly to allocate revenues from the marijuana tax cash fund to CSU-Pueblo for marijuana research programs. While conducting the research, CSU- Pueblo is encouraged to consult with the scientific advisory council and the retail marijuana public health advisory council.

The bill extends the requirement that the division of criminal justice collect data and study law enforcement’s activity and costs related to the implementation of retail marijuana for each two-year period after January 1, 2014. For each two-year period, the division of criminal justice shall issue a report of each scientific study to the judiciary committees of the Senate and House, the joint budget committee, and the Department of Revenue.

The bill requires the governor’s office of marijuana coordination to include data sharing –and to address any data gaps – in its coordination of the executive branch response to the legalization of retail marijuana.

For the 2016-2017 state fiscal year, the bill makes the following appropriations: (1) from the marijuana tax cash fund, $1,109,625 to the office of the governor for use by the office of marijuana coordination; (2) from reappropriated funds from the office of marijuana coordination, $1,109,625 to the office of the governor for use by the office of information technology; (3) from the marijuana tax cash fund, $900,000 to the Department of Higher Education for use by the CSU system; and (4) from the marijuana tax cash fund, $79,992 to the Department of Public Safety for use by the division of criminal justice.

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

SB 16-184: Eliminating Floor Rate for Post-judgment Interest

On April 11, 2016, Sens. Bill Cadman & Mark Scheffel and Rep. Yeulin Willett introduced SB 16-184Concerning Market-Based Rates for Interest on Judgments. The bill was introduced in the Senate and assigned to the Senate Judiciary Committee.

The current rate of post-judgment interest is 2 percent above the discount rate of the federal reserve bank of Kansas City, with a floor of 8 percent. This bill eliminates the floor. The current interest rate for judgments for personal injury damages caused by a tort is 9 percent. This bill ties this interest rate to the current rate of post-judgment interest.

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