February 27, 2017

Archives for February 6, 2017

SB 17-095: Repealing the Death Penalty in Colorado

On January 18, 2017, Sen. Lucia Guzman and Rep. Alec Garnett introduced SB 17-095, “Concerning the Repeal of the Death Penalty by the General Assembly.”

The bill repeals the death penalty in Colorado for offenses committed on or after July 1, 2017, and makes conforming amendments.

The bill was introduced in the Senate and assigned to the Judiciary Committee. It is scheduled for hearing in committee on February 15 at 1:30 p.m.

SB 17-045: Requiring Equitable Allocation of Costs in Construction Defect Claims

On January 11, 2017, Sens. Angela Williams & Kevin Grantham and Reps. Cole Wist & Crisanta Duran introduced SB 17-045, “Concerning a Requirement for Equitable Allocation of the Costs of Defending a Construction Defect Claim.”

In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer’s duty to defend.

The bill was introduced in the Senate and assigned to the Business, Labor, & Technology Committee. It is scheduled for hearing in committee on February 2 at 2 p.m.

SB 17-011: Creating a Study to Improve Transportation Access for People with Disabilities

On January 11, 2017, Sen. Kent Lambert and Rep. Polly Lawrence introduced SB 17-011, “Concerning the Creation of a Technical Demonstration Forum to Study Solutions to Improve Transportation Access for People with Disabilities.”

The bill creates a technical demonstration forum consisting of seven members to study and document how advanced technologies can improve transportation access for people with disabilities. The forum consists of the following agency officers or their designees:

  • The executive director of the department of labor and employment, who serves as chair of the forum;
  • The executive director of the department of health care policy and financing, who serves as vice-chair of the forum;
  • The director of the public utilities commission;
  • The chief information officer of the office of information technology;
  • The executive director of the department of human services;
  • The director of the division of veterans affairs; and
  • The superintendent of the Colorado school for the deaf and the blind.

To demonstrate the transportation access needs of people with disabilities in both urban and rural areas of the state, the forum is directed to study the transportation access needs of people with disabilities in El Paso and Teller counties and explore technological and transportation business solutions that could increase transportation access for people with disabilities in those areas. The forum may recommend that the executive director of the department of labor and employment enter into a contract with a technology developer or transportation business to conduct one or more pilot projects in El Paso County, Teller County, or both counties to demonstrate the efficacy of a certain technology or transportation business product to improve transportation access for people with disabilities.

On or before December 31, 2017, the forum is required to publish a report of its research and findings, including the results of any pilot projects and any legislative recommendations developed, and to furnish copies of the report to the governor, members of the general assembly’s majority and minority leadership, and the members of the joint budget committee.

The forum and its responsibilities are repealed, effective July 1, 2018.

The bill was introduced in the Senate and assigned to the Health & Human Services committee. It was scheduled for hearing in committee on January 26, 2017.

Tenth Circuit: Unpublished Opinions, 2/3/2017

On Friday, February 3, 2017, the Tenth Circuit Court of Appeals issued three published opinions and 12 unpublished opinions.

Farrakhan-Muhammad v. Oliver

Rael v. Berryhill

United States v. Dickerson

Utah Republican Party v. Herbert

Branham v. Delta Airlines

United States v. Barron

United States v. Evans

Ingram v. Allbaugh

United States v. Fykes

Blixseth v. Cushman & Wakefield of Colorado, Inc.

Smith v. United States

Minor v. Chapdelaine

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