October 18, 2017

Archives for March 14, 2017

Governor Hickenlooper Signs Bills Into Law

On Wednesday, March 1, 2017, Governor Hickenlooper signed the first bills of the 2017 Legislative Session into law. The governor signed 26 bills on March 1, many of which were supplemental appropriations bills. The governor also signed 16 bills on Wednesday, March 8, 2017. To date, he has signed 42 bills into law. All of these bills are summarized here.

  • HB 17-1005“Concerning Modernization of Various Laws Relating to the Office of the State Auditor,” by Rep. Jeni Arndt and Sen. Jack Tate. The bill updates various statutes pertaining to the office of the state auditor.
  • HB 17-1010“Concerning the Authority of the Colorado Dental Board to Promulgate Rules Based on Clarifications to Existing Laws that Relate to Collaborative Dental Agreements,” by Rep. Joann Ginal and Sen. Larry Crowder. The bill clarifies that the Colorado dental board may promulgate rules for the use of lasers for dental and dental hygiene purposes within the defined scopes of practice and with appropriate supervision.
  • HB 17-1016“Concerning the Ability of an Urban Renewal Authority to Exclude the Valuation Attributable to the Extraction of Mineral Resources Located Within an Urban Renewal Area from the Total Amount of Taxable Property Subject to Division for the Purpose of Financing Urban Renewal Projects,” by Reps. Lori Saine & Matt Gray and Sens. Rachel Zenzinger & Beth Martinez Humenik. The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area is not subject to the division of taxes between base and incremental revenues that accompanies the tax increment financing of urban renewal projects.
  • HB 17-1017“Concerning County Surveyors,” by Rep. Chris Kennedy and Sens. Cheri Jahn & Randy Baumgardner. The bill clarifies the specific duties of a county surveyor and provides that certain services may be provided at the surveyor’s discretion and when compensated by agreement between the surveyor and the board of county commissioners.
  • HB 17-1018“Concerning Extension of the Authorization for a Regional Transportation Authority to Seek Voter Approval for a Uniform Mill Levy on all Taxable Property within its Territory,” by Reps. Diane Mitsch Bush & Larry Liston and Sen. Bob Gardner. The bill extends authorization for a regional transportation authority to seek voter approval for a uniform mill levy of up to 5 mills on all taxable property within its territory until January 1, 2029.
  • HB 17-1019“Concerning the Amounts Collected by a County Treasurer upon Redemption of Specified Property Interests from a Tax Sale,” by Rep. Donald Valdez and Sen. Don Coram. The bill requires any third party computer software costs to be included in the redemption amount for tax liens on real property.
  • HB 17-1020“Concerning Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems,” by Rep. Jonathan Singer and Sen. Beth Martinez Humenik. The bill amends provisions in current statute to provide for ongoing staff support for the task force concerning treatment of persons with mental illness in the criminal and juvenile justice systems.
  • HB 17-1024“Concerning the Nonsubstantive Relocation of Laws Pertaining to the Commission on Family Medicine,” by Rep. Dan Thurlow and Sen. Dominick Moreno. The bill relocates laws pertaining to the commission on family medicine to Title 25.5, Colorado Revised Statutes, which pertains generally to the Department of Health Care Policy & Financing.
  • HB 17-1025“Concerning the Repeal of Obsolete Laws Relating to Reapportionment of State Legislative Districts,” by Rep. Jeni Arndt and Sen. Chris Holbert. The bill repeals obsolete laws related to drawing senate and house of representative districts, thereby removing 20,000 words from the Colorado Revised Statutes.
  • HB 17-1030“Concerning Updates to the 1921 Law Governing Irrigation Districts,” by Reps. Jeni Arndt & Jon Becker and Sen. Randy Baumgardner. The bill makes several amendments to the 1921 irrigation district laws.
  • HB 17-1047“Concerning the Scheduled Repeal of Reports by the Department of Local Affairs to the General Assembly,” by Rep. Dan Thurlow and Sen. Jack Tate. The bill addresses reporting requirements of the department of local affairs.
  • HB 17-1058“Concerning the Scheduled Repeal of Reports by the Department of Personnel to the General Assembly,” by Rep. Dan Thurlow and Sen. Andy Kerr. The bill addresses reporting requirements of the Department of Personnel and Administration and changes repeal dates.
  • HB 17-1060“Concerning the Scheduled Repeal of Reports by the Department of Health Care Policy and Financing to the General Assembly,” by Rep. Dan Thurlow and Sen. Jack Tate. The bill changes repeal dates and reporting requirements for certain Department of Health Care Policy and Financing actions.
  • HB 17-1067“Concerning Updating References to a National Standard Setting Forth Technical Criteria for Accessible Housing,” by Rep. Dan Thurlow and Sen. Andy Kerr. The bill updates references to a national standard for accessible housing criteria.
  • HB 17-1073“Concerning the Enactment of Colorado Revised Statutes 2016 as the Positive and Statutory Law of the State of Colorado,” by Rep. Mike Foote and Sen. Ray Scott. The bill enacts the 2016 Colorado Revised Statutes as the law of Colorado.
  • HB 17-1074“Concerning the Repeal of Obsolete Laws Relating to Redistricting of Congressional Districts,” by Rep. Jeni Arndt and Sen. Chris Holbert. The bill repeals a law relating to Colorado’s congressional districts that has been rendered obsolete by the redistricting premised on the 2010 federal census.
  • HB 17-1078“Concerning the Repeal of the Colorado Family Support Loan Program, and, in Connection Therewith, Transferring Funds from the Colorado Family Support Loan Program to the Family Support Services Program to Provide Services for Families of Persons with Intellectual and Developmental Disabilities,” by Rep. Lois Landgraf and Sen. Don Coram. The bill repeals the Colorado family support loan fund and transfers any money remaining in that fund to a new fund created in the family support services program.
  • HB 17-1128“Concerning the Salary Categorization of Locally Elected Officials in Lake County,” by Rep. Millie Hamner and Sen. Kerry Donovan. The bill changes the salary categorization for locally elected officials in Lake County.
  • HB 17-1131“Concerning Contracting by the Colorado Student Loan Program for the Administration of the College Opportunity Fund Program,” by Reps. Tracy Kraft-Tharp & Lori Saine and Sens. Kerry Donovan & Jim Smallwood. The bill permits the Colorado student loan program to enter into an agreement with the Department of Higher Education or another state entity to administer part or all of the college opportunity fund program.
  • SB 17-013“Concerning Authorization of the Board of Directors of the Fire and Police Pension Association to Develop a Multi-Employer Deferred Compensation Plan Document,” by Sen. Matt Jones and Reps. Kevin Van Winkle & Jessie Danielson. The bill authorizes the Board of Directors of the Fire and Police Pension Association to develop a multi-employer deferred compensation plan document to allow employers to join a multi-employer plan.
  • SB 17-018“Concerning a Correction to an Amending Clause in Senate Bill 16-146 Related to the Repeal of Part 14 of Article 4 of Title 25,” by Sen. Dominick Moreno and Rep. Jeni Arndt. The bill fixes an incorrect amending clause from Senate Bill 16-146, ‘Concerning Modernizing Statutes Related to Sexually Transmitted Infections’, that failed to repeal the entirety of part 14 of article 4 of title 25 prior to the repeal and relocation of sections in that part 14.
  • SB 17-020“Concerning the Establishment of a Uniform Approval Standard for Fire and Police Pension Association Statewide Plan Elections,” by Sen. John Cooke and Reps. Joann Ginal & Jovan Melton. The bill creates a uniform approval standard for modifications to FPPA pension plans by requiring that any modifications be approved by 65% of the members employed by the employer who vote in the election for the plan modification.
  • SB 17-044“Concerning the Scheduled Repeal of Reports by the Department of Regulatory Agencies to the General Assembly,” by Sen. Andy Kerr and Rep. Jeni Arndt. The bill makes several changes to the reporting requirements and repeal dates for the Department of Regulatory Agencies.
  • SB 17-052“Concerning Recommendations Related to Title 22 from the Department of Education to the Statutory Revision Committee,” by Sen. Andy Kerr and Rep. Dan Thurlow. The bill implements two recommendations related to Title 22 from the department of education to the statutory revision committee.
  • SB 17-058“Concerning the Authority of Certain Individuals to Purchase Alcohol Beverages for a Premises Licensed to Sell Alcohol Beverages for Consumption on the Licensed Premises,” by Sen. Randy Baumgardner and Rep. Jonathan Singer. The bill allows an employee or agent to purchase alcohol beverages on behalf of a hotel and restaurant licensee, tavern licensee, or lodging and entertainment facility licensee.
  • SB 17-159“Concerning a Supplemental Appropriation to the Department of Corrections,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Corrections.
  • SB 17-160“Concerning a Supplemental Appropriation to the Department of Education,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Education.
  • SB 17-161“Concerning a Supplemental Appropriation to the Offices of the Governor, Lieutenant Governor, and State Planning and Budgeting,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the offices of the Governor, Lieutenant Governor, and state planning and budgeting.
  • SB 17-162“Concerning a Supplemental Appropriation to the Department of Health Care Policy and Financing,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Health Care Policy and Financing.
  • SB 17-163“Concerning a Supplemental Appropriation to the Department of Human Services,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Human Services.
  • SB 17-164“Concerning a Supplemental Appropriation to the Judicial Department,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Judicial Department.
  • SB 17-166“Concerning a Supplemental Appropriation to the Department of Military and Veterans Affairs,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the to Department of Military and Veterans Affairs.
  • SB 17-167“Concerning a Supplemental Appropriation to the Department of Personnel,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Personnel.
  • SB 17-168“Concerning a Supplemental Appropriation to the Department of Public Safety,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Public Safety.
  • SB 17-169“Concerning a Supplemental Appropriation to the Department of Revenue,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Revenue.
  • SB 17-170“Concerning a Supplemental Appropriation to the Department of State,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of State.
  • SB 17-171“Concerning a Supplemental Appropriation to the Department of Transportation,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Transportation.
  • SB 17-172“Concerning Funding for Capital Construction, and Making Supplemental Appropriations in Connection Therewith,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes supplemental appropriations for capital construction projects.
  • SB 17-173“Concerning Adjustments in the Amount of Total Program Funding for Public Schools for the 2016-17 Budget Year, and, in Connection Therewith, Making an Appropriation,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill appropriates $3,950 cash funds from the state education fund to align the hold-harmless full-day kindergarten funding with the change in total program funding.
  • SB 17-174“Concerning the Allocation of Money by the Colorado Commission on Higher Education for Tuition Assistance for Members of the National Guard,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill removes statutory provisions relating to the limit on appropriations and the commission’s allocation of money for the tuition assistance program.
  • SB 17-175“Concerning the Transfer of Money Between State Self-Insurance Funds at the Request of the Executive Director of the Department of Personnel,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill authorizes the Executive Director of the Department of Personnel to request the state treasurer to transfer money from another state self-insurance fund’s reserve balance to a fund with a deficiency.
  • SB 17-176“Concerning Authorization to Use Money in the Colorado State Titling and Registration Account to Issue Devices that Confirm that a Person has Registered a Motor Vehicle, and, in Connection Therewith, Making an Appropriation,” by Sen. Dominick Moreno and Rep. Bob Rankin. The bill authorizes the use of money in the Colorado state titling and registration account to be appropriated to purchase and issue license plates, decals, and validating tabs.

For a list of the governor’s 2017 legislative actions, please click here.

Colorado Court of Appeals: Contract Exception to the Collateral Source Statute is Applicable in Post-Verdict Proceedings to Reduce Damages

The Colorado Court of Appeals issued its opinion in Pressey ex rel. Pressey v. Children’s Hospital Colorado on Thursday, March 9, 2017.

Medical Malpractice—Health Care Availability Act—Damages Cap—Medicaid—Collateral Source Statute—Contract Exception—Pre-majority Economic Damages—Minor—Statute of Limitations.

Naomi Pressey (Naomi), by and through her conservator Jennifer Pressey, sued Children’s Hospital Colorado (Hospital) for negligence. The case was tried to a jury, which found the Hospital negligent and awarded Naomi $17,839,784.60. The damages award included past medical expenses, past noneconomic losses, future medical expenses, future lost earnings, and future noneconomic losses. After trial, the court reduced the damages to $1 million based on the legislative directive in C.R.S. § 13-64-302(1)(b) of the Health Care Availability Act (HCAA). The court approved Naomi’s motion to exceed the damages cap for good cause and entered judgment in her favor for $14,341,538.60.

On appeal, the Hospital argued that the court erred in excluding evidence of Medicaid benefits and private insurance available to Naomi in the post-verdict proceeding to exceed the damages cap. Sound public policy supports both the cap and the contract exception to the collateral source statute. The Colorado Court of Appeals concluded that the contract exception to the collateral source statute is applicable in post-verdict proceedings to reduce damages in medical malpractice actions under the HCAA. Medicaid benefits are paid on behalf of the injured party and are thus collateral sources subject to the contract exception. Accordingly, the trial court correctly did not consider Medicaid payments and private insurance in determining whether to exceed the HCAA damages cap.

The Hospital also argued that the trial court erred in denying its motion for judgment notwithstanding the verdict because Naomi failed to establish that she, rather than her parents, was entitled to her pre-majority economic damages. Parents own the legal right to seek reimbursement for a minor’s pre-majority economic damages. Here, Naomi’s parents did not relinquish this right and failed to institute a claim within the applicable statute of limitations.

The Hospital further argued that irrespective of the evidence of Medicaid and private insurance benefits, Naomi did not establish good cause to exceed the damages cap. The trial court considered a multitude of factors in concluding there was good cause. Its decision was not manifestly arbitrary, unreasonable, or unfair, and was not a misapplication of the law.

Lastly, the Hospital argued that Naomi received a duplicate award for future medical care and lost future earnings. The court concluded there is record support for the trial court’s findings that the damage award does not overlap with the future lost earnings award.

That portion of the judgment awarding pre-majority economic damages to Naomi was reversed. The judgment was affirmed in all other respects. The case was remanded for recalculation of the total amounts owed by the Hospital.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 3/13/2017

On Monday, March 13, 2017, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

Brooks v. Archuleta

Valdez v. Derrick

United States v. Taylor

Khalsa v. U.S. National Bank Association

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