Legislation - CBA CLE Legal Connection

Bills Regarding Crimes Against Pregnant Women, UCC Article 9 Security Interests, and Valuations of Real Property Signed

June 11, 2013 by Susan Hoyt Leave a Comment

On June 5, 2013, Governor Hickenlooper signed 52 bills, the final bills of the 2013 legislative session. Any bills as yet not signed or vetoed by the governor 30 days after the last day of the legislative session, May 8, 2013, will become law.

Although there is not room here to summarize all of the bills signed on June 5, some of them are discussed below.

SB 13-147 - Concerning an Employer’s Workers’ Compensation Liability to a Person When the Person is Injured While Not on the Employer’s Premises, by Sen. Cheri Jahn and Rep. Bob Gardner. The bill clarifies that an employer is not liable to a leased or subcontracted employee who is injured while not on the employer’s premises.
SB 13-197 - Concerning Preventing Persons who have Committed Domestic Violence from Possessing Firearms and Making an Appropriation, by Sen. Evie Hudak and Reps. Beth McCann and Rhonda Fields. The bill restricts the ownership or transfer of firearms and ammunition by persons who are subjects of certain protection orders or who have been convicted of offenses with underlying an domestic violence component.
HB 13-1020 - Concerning Evidence Collected in Connection with a Sexual Assault and Making an Appropriation, by Rep. Frank McNulty and Sen. Ellen Roberts. The bill sets forth several requirements for the collection and treatment of forensic sexual assault evidence.
HB 13-1130 - Concerning Extended Operation of Interruptible Water Supply Agreements, by Reps. Jerry Sonnenberg & Randy Fischer and Sens. Nancy Todd & Randy Baumgardner. The bill allows the state engineer to approve extensions of interruptible water supply agreements.
HB 13-1154 - Concerning Crimes Against Pregnant Women, by Reps. Mike Foote and Claire Levy and Sen. Pat Steadman. The bill creates a new article in the criminal code for crimes against pregnant women, including unlawful termination of pregnancy (exempting that of a medical provider) and vehicular termination of pregnancy.
HB 13-1160 - Concerning Criminal Theft and Making and Reducing an Appropriation, by Rep. Dan Pabon and Sen. Steve King. The bill repeals some specific existing crimes of theft and adds those crimes to the existing crime of theft.
HB 13-1230 - Concerning Compensation for Persons Who Are Exonerated of Their Crimes After a Period of Incarceration, by Reps. Angela Williams and Dan Pabon and Sen. Lucia Guzman. The bill creates a system of compensation for certain persons who are exonerated of criminal offenses after a period of incarceration.
HB 13-1235 - Concerning Requirements Related to the Valuation of Real Property Prior to a State Agency Entering Into Contracts Related to Such Real Property, by Rep. Lilly Szabo and Sen. Randy Baumgardner. The bill requires a state agency to obtain valuation of real property prior to exercising an option to purchase the property if the total purchase price is greater than $100,000.
HB 13-1284 - Concerning Documents that Can Be Filed Regarding Security Interests Under the “Uniform Commercial Code”, by Rep. Bob Gardner and Sen. Ellen Roberts. The bill requires a debtor under the Uniform Commercial Code to be identified on a Colorado-issued state identification card if no driver’s license is available.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

Colorado Legislative Primer — A Refresher on How a Bill Becomes Law

June 6, 2013 by CBA-CLE Staff Leave a Comment

By Michael Valdez, CBA Director of Legislative Relations, and Jill Lafrenz, CBA Sections and Committees Program Coordinator

From time to time I am asked about the legislative process, so I teamed up with Jill and we created a handy one-pager (life at the capitol is driven by the proverbial one-pager) to walk you through how a bill becomes a law.

A Bill’s Beginning:

Bills are introduced by legislators – By rule, each legislator is permitted to introduce five bills in each legislative session. Exceptions are made (and made often) to the five bill limit.
Bills can start in the House of Representatives (House) (65 members) or the Senate (35 members)

Let’s start our bill in the House (the process is mirrored when a bill starts in the Senate):

Bills are introduced - First Reading by the House clerk. Other than reading the title to the bill nothing really happens at this juncture. This just gets the ball rolling.
The bill is assigned to a committee of reference (committee) by the Speaker of the House.
The committee meets to consider the bill after a notice is published.
The committee hears testimony from the general public and from experts. The bill can be amended by the committee.
If the committee approves the bill it goes back to the full House for consideration.

Money, money, money — if the bill has fiscal (money) considerations:

Non-partisan legislative staff prepares a “fiscal note” that details the cost to the State of Colorado.
The bill has an additional committee to review the bill for the fiscal impact to the state – this committee is the Appropriations Committee in each house.
If the Appropriations Committee agrees to the cost of the bill, that committee amends the bill with an appropriations clause and the bill moves to the floor for Second Reading.

On Second & Third Reading the House:

The report of the committee is considered; including any amendments.
The bill is debated by the “committee of the whole” additional amendments can be offered and considered.
If bill passes on Second Reading it is listed on the next day’s calendar for Third and final reading in the House.
If the bill passes on Third Reading it is sent to the Senate where the process starts anew – First Reading, assigned to committee, committee review, sent to floor for consideration on Second and Third Reading.

Bill passes the Senate:

If the bill passes the Senate without any changes the bill goes to the Governor.
If the Senate makes changes to the bill the House has the option of agreeing to the changes (concur) or rejecting the changes and asking for a conference committee to iron out the differences.

Conference Committee:

Comprised of three members from each house. The conference committee meets to reach an agreement (conference committee report) on the final form of a bill.
A majority (four or more) is required to move a bill from a conference committee back to the House and Senate.
After a conference committee report is submitted, the Senate and the House each have a final “yay” or “nay” vote on the bill.

The Governor:

Once the bill passes both houses, the bill becomes law when the Governor signs it.
During the session, from the day the Governor receives the bill she/he has 10-days to sign, veto, or let the become law without her or his signature.
Within the last 10-days of the session the governor has up to 30 days after the legislature adjourns to sign, veto, or let the bill become law without a signature.

If the Governor vetoes a bill:

The Governor must send a veto message to the legislature.
The legislature can override a veto with a two-thirds majority vote in BOTH houses.
If the Governor vetoes a bill after the legislature adjourns for the year there is not an opportunity to override that veto.

For a fun view of the life of how a bill becomes a law, please click here to check out the flow-chart developed by the wonderful nonpartisan staff of the Colorado General Assembly.

Filed Under: Legislation

Criminal Omnibus Bill, Workers’ Compensation IME Bill, and More Signed by Governor

June 4, 2013 by Susan Hoyt Leave a Comment

As the final days of the 2013 Legislative Session wind down, Governor Hickenlooper continues to sign bills into law. To date, he has signed over 350 bills over several areas of law.

On Friday, May 24, 2013, the governor signed 5 bills into law. These included a bill about staffing for corrections officers (SB 13-210) and a bill creating an economic gardening pilot project in the Office of Economic Development (HB 13-1003).

The governor signed 26 bills into law on Saturday, May 25, 2013. Five of them are summarized here.

SB 13-137 - Concerning System Improvements to Prevent Fraud in the Medicaid Program and, In Connection Therewith, Employing Advanced Data Analytics, by Sen. Ellen Roberts and Rep. Clarice Navarro. The bill directs the Department of Health Care Policy and Financing to solicit requests for information regarding the use of predictive analytics in the Medicaid program.
SB 13-229 - Concerning Changes to Statutory Provisions Related to Criminal Proceedings, by Sen. Lucia Guzman and Rep. Elena Kagan. The bill addresses several areas of law related to criminal proceedings.
SB 13-246 - Concerning Creation of a Task Force to Study Discovery Costs in Criminal Cases, by the Joint Budget Committee. The bill creates the Discovery Task Force to study the feasability of conducting discovery electronically in criminal cases.
SB 13-248 - Concerning the Authority of the Attorney General or a District Attorney to Enforce Subpoenas for Consumer Protection Violations Against Persons Located Outside Colorado, by Sen. Irene Aguilar and Rep. Kevin Priola. The bill clarifies the authority of the District Attorney and Attorney General in issuing and enforcing subpoenas against out-of-state parties for certain financial violations.
SB 13-249 - Concerning Procedures Regarding Independent Medical Examiners’ Reports in Workers’ Compensation Cases, by Sen. Lois Tochtrop and Rep. Angela Williams. The bill requires the Division of Workers’ Compensation to review IME reports within 5 days, notify parties of the report, and request correction of any deficiencies.

Governor Hickenlooper was busy on Tuesday, May 28, 2013, when he signed 73 bills into law. Although they cannot all be summarized here, there are several bills of interest to environmental, criminal, real estate, and marijuana law attorneys in Colorado briefly summarized here.

Environmental – Several bills, including SB 13-219 regarding meth lab remediation and SB 13-223 regarding the sunset of the noxious weeds advisory committee, will be of interest to environmental law practitioners.
Criminal – Many of the bills signed into law this legislative session dealt with specific provisions of criminal law. SB 13-007 eliminates the repeal of the Colorado Commission on Criminal and Juvenile Justice. SB 13-227 prevents victims of rape who are impregnated by their rapist from having to have contact with their baby’s father. HB 13-1210 provides criminal defendants with a right to counsel during plea negotiations.
Real Estate – Bills regarding homeowners’ associations were prolific this legislative session. Some of the HOA bills signed on May 28 include HB 13-1276 regarding debt collections and HB 13-1277 regarding licensing of common interest community managers.
Marijuana - The legislature scurried to implement regulations in order to legalize marijuana pursuant to Amendment 64. Several bills were signed regarding marijuana regulations, including SB 13-283 to implement the Amendment 64 consensus regulations and HB 13-1317 to implement the Amendment 64 majority recommendations.

For a complete list of the governor’s 2013 legislative decisions, click here.

Filed Under: Legislation Tagged With: Colorado Governor, criminal law, environmental law, family law, health law, litigation, marijuana law, medical marijuana, workers' compensation law

Colorado Anti-Discrimination Act Now Provides Remedies in Employment Discrimination Cases

May 29, 2013 by Barry Roseman Leave a Comment

By Barry Roseman

In 2013, the Colorado General Assembly enacted remedies for the employment discrimination provisions of the Colorado Anti-Discrimination Act (CADA) that have been part of Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) for decades.

The bill, HB 13-1136, provides that Colorado employers found guilty of unlawful discrimination or retaliation, in violation of the CADA, can be held liable for compensatory damages, punitive damages and attorney fees. CADA cases also will be able to be tried to juries. The amounts that can be awarded for compensatory or punitive damages will depend on the size of the employer. Those caps are:

For employers with 1-4 employees: $10,000

For employers with 5-14 employees: $25,000

For employers with 15-100 employees: $50,000

For employers with 101-200 employees: $100,000

For employers with 201-500 employees: $200,000

For employers with more than 500 employees: $300,000

These remedies will not go into effect until 2015, and will apply only to discrimination or retaliation claims that are based on conduct in 2015 or later. Several groups will benefit the most from this bill:

Employees who work for smaller employers, who are not covered by Title VII, the ADEA or the ADA. Those statutes apply only to personnel decisions by companies with at least 15 employees (Title VII and the ADA) or at least 20 employees (the ADEA).
Employees who have claims not recognized under federal law, such as claims for discrimination because of sexual orientation or gender identity.
State employees in ADA and ADEA cases. The U.S. Supreme Court has held that the Tenth Amendment bars claims for monetary damages against State governments and State agencies under those statutes.
Employees who live and work far from the Denver area. Claims arising under federal law can be removed to federal court. Claims arising under state law will stay in state court, at least where diversity jurisdiction does not apply.

Public employees cannot recover punitive damages under CADA or under federal law. Employees of the State of Colorado who can file discrimination claims with the State Personnel Board (SPB), and private or public employees who bring claims in Colorado Civil Rights Commission (CCRC) hearings, will not be able to recover compensatory or punitive damages in CCRC hearings or compensatory damages in SPB hearings. Instead, if they prevail on liability in those hearings, those employees will have to file a civil action to try to recover those damages. The CCRC and the SPB will stay their proceedings, including appeal rights, for at least 30 days and possibly longer, to give employees an opportunity to file and prosecute those civil actions.

These amendments track provisions in federal law in several respects:

Employers that demonstrate that they acted in good faith to prevent discrimination cannot be held liable for punitive damages.
An employer cannot be held liable for punitive damages where that employer has established that it made good-faith efforts to provide a reasonable accommodation to an employee’s disability.
Employment discrimination that is unlawful because of the disparate impact of employment policies will not support an award for compensatory or punitive damages.

The courts also are to consider the size and assets of the employer and the egregiousness of its unlawful conduct in determining the appropriate level of damages.

In addition, the bill provides that it unlawful to discriminate against a person who is 70 years of age or older because of that person’s age. That has been part of the ADEA since the 1980s.

The delayed implementation of the bill will give smaller employers an opportunity to learn about CADA and to bring their employment practices into compliance, if they are not in compliance already. The CCRC also is required to establish a volunteer working group by September 1, 2013. That working group is to develop an education and outreach plan for employers, and to compile educational resources for employers. The CCRC shall make this information available to employers, including through its Web site.

Before this law was enacted, Colorado was one of only eight states – five of them in the South – that did not enable plaintiffs to recover compensatory damages, punitive damages or attorney fees in employment discrimination or retaliation cases. HB-1136 brought CADA, at long last, into the 21st Century.

Barry D. Roseman is a partner in the firm of McNamara, Roseman & Kazmierski LLP, and has been representing plaintiffs in employment cases since 1975. He currently serves as co-chair of the National Employment Lawyers Association’s (NELA) Judicial Nominations Committee. He served on NELA’s Executive Board between the organization’s founding in 1985 and 2007; is a former vice president of that organization; is one of the founders and is the chair of the executive board of NELA’s Colorado affiliate, the Plaintiff Employment Lawyers Association (PELA); and chairs PELA’s Legislative Committee. He also is a fan of the Colorado Rockies, in both good times and bad.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

Filed Under: Legislation, Practice Management Tagged With: Colorado Anti-Discrimination Act, Connection Partners, damages, employment discrimination, employment law, HB13-1136, law practice management, legislation

Uniform Premarital and Marital Agreements Act and Other Bills Signed by Governor

May 23, 2013 by Susan Hoyt Leave a Comment

Governor John Hickenlooper has signed over 260 bills into law this legislative session. Most recently, he signed the Uniform Premarital and Marital Agreements Act, a bill regarding expunging juvenile delinquency records, a bill to promote conservation related to water use determinations, and several other bills.

The governor signed 12 bills on Friday, May 17, 2013, and Saturday, May 18, 2013. Four of the bills signed on the 17th and 18th are summarized here.

HB 13-1204 - Concerning the “Uniform Premarital and Marital Agreements Act”, by Rep. Bob Gardner and Sen. Jessie Ulibarri. The bill adopts the Uniform Premarital and Marital Agreements Act as recommended by the Colorado Commission on Uniform State Laws. The bill generally standardizes and provides guidance to the courts for consideration of marital and premarital agreements.
HB 13-1082 - Concerning Juvenile Delinquency Records, by Rep. Jeanne Labuda and Sen. Pat Steadman. The bill clarifies the procedure for petitioning the court to request expungement of juvenile delinquency records, including correct timing and who is allowed to initiate expungement proceedings.
SB 13-019 - Concerning the Promotion of Water Conservation Measures, by Sen. Gail Schwartz and Rep. Randy Fischer. The bill restricts a water judge in water divisions 4, 5, or 6 from determining a water user’s historical consumptive use based on reductions for specific conservation purposes.
SB 13-269 - Concerning the Creation of a Grant Program to Assist with Efforts to Reduce the Risk of Catastrophic Wildfires to Forested Lands in Colorado, by Sens. Jeanne Nicholson and Ellen Roberts and Reps. Don Coram and Mike McLachlan. The bill creates a Wildfire Risk Reduction Grant Fund to be administered by the Department of Natural Resources. The bill tasks the DNR with establishing application requirements, making reports, and monitoring projects, and sets a goal of reducing hazardous forest fuels in the wildlife-urban interface.

Governor Hickenlooper also signed one bill on May 22, 2013. This bill was SB 13-213 - Concerning the Financing of Public Schools and Creating the “Public School Finance Act,” by Sens. Mike Johnston and Rollie Heath and Rep. Millie Hamner. The bill is contingent on the passage of an as-yet unspecified statewide ballot measure increasing state revenue for K-12 education. It changes the way that students are counted for school funding, and also changes the formula for which districts receive funding. It also allows new funding per pupil, which amount will change depending on the revenue generated by the ballot measure. The bill provides supplemental funding to at-risk and charter schools. The funding laid out in the bill would require about $1.12 billion in state tax revenue from the ballot measure.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

Filed Under: Legislation Tagged With: domestic relations law, education law, environmental law, family law, HB 13-1082, HB 13-1204, juvenile law, SB 13-019, SB 13-213, SB 13-269, tax law, water law

Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

May 17, 2013 by Susan Hoyt Leave a Comment

Governor Hickenlooper continues to sign legislation as it crosses his desk. To date, he has signed an impressive 240 pieces of legislation into law. He is expected to sign more bills in the coming days and weeks.

On Tuesday, May 14, 2013, Governor Hickenlooper signed five bills. They are summarized here.

SB 13-220 - Concerning Adding Emergency Medical Service Providers to the List of Persons Who Must Report Possible Instances of Child Abuse, by Sen. Jeanne Nicholson and Rep. Rhonda Fields. The bill adds all emergency service providers, even volunteers, to the list of mandatory reporters of suspected child abuse and neglect.
SB 13-231 - Concerning the Creation of the Title IV-E Waiver Demonstration Project, by the Joint Budget Committee. The bill addresses the Social Security Title IV-E waiver program for low-income children, and allocates funds to counties that participate in the waiver demonstration project.
SB 13-255 - Concerning Child Fatality Review Teams and Increasing the Capacity and Resources, Clarifying the Responsibilities and Processes of State and Local Child Fatality Review Teams in the Departments of Public Health and Environment and Human Services, and Making an Appropriation, by Sens. John Kefalas and Linda Newell and Reps. Jenise May and Jonathan Singer. The bill requires local public health agencies to develop child fatality review teams by January 1, 2015, and to investigate fatalities of children aged 17 and under.
HB 13-1259 - Concerning Court Orders in Civil Actions for Persons At Risk of Abuse or Neglect and Procedures for Allocating Parental Rights and Responsibilities in the Best Interests of the Child in Cases Involving Child Abuse and Neglect and Domestic Violence; Provisions Relating to Parenting Time Orders; Provisions Relating to Parenting Time Evaluations and Reports; Amending and Relocating Provisions Relating to Civil Protection Orders; and Making an Appropriation, by Rep. Beth McCann and Sen. Linda Newell. The bill changes procedures for allocation of parental rights and responsibilities in actions involving child abuse or domestic violence, and also changes many provisions regarding civil protection orders.
HB 13-1271 - Concerning Methods to Respond to Initial Contacts to a Child Abuse Reporting Hotline System and Authorizing the State Board of Human Services to Adopt Rules Governing the Hotline System, Providing Consistent Practices in Response to Contacts and to Reports of Known or Suspected Child Abuse or Neglect, and Making an Appropriation, by Reps. Jonathan Singer and Jenise May and Sens. Linda Newell and Jeanne Nicholson. The bill requires the Department of Human Services to develop a steering committee to implement a statewide child abuse reporting hotline. The hotline is expected to be operational and publicized by January 1, 2015.

Governor Hickenlooper also signed 12 bills on Wednesday, May 15, and Thursday, May 16, 2013. Five of the bills are summarized here.

SB 13-111 - Concerning Abuse of At-Risk Adults and Making an Appropriation, by Sen. Evie Hudak and Reps. Sue Schafer and Amy Stephens. The bill establishes a new class of protection by Adult Protective Services for “at-risk elders.” It also requires mandatory reporters to report suspected abuse of at-risk elders within 24 hours of discovering the abuse.
SB 13-266 - Concerning a Request for Proposals Process to Create a Coordinated Behavioral Health Crisis Response System for Communities Throughout the State, by Sens. Irene Aguilar and Jeanne Nicholson and Reps. Tracy Kraft-Tharp and Dave Young. The bill directs the Department of Human Services to request proposals for the creation of a behavioral health crisis response system.
HB 13-1044 - Concerning the Authorization of the Use of Graywater, by Rep. Randy Fischer and Sen. Gail Schwartz. The bill authorizes the Water Quality Control Commission to create standards for the use of graywater.
HB 13-1138 - Concerning Benefit Corporations and Making an Appropriation, by Rep. Pete Lee and Sen. John Kefalas. The bill authorizes benefit corporations, and establishes requirements for companies to be created as or elect to be treated as public benefit corporations.
HB 13-1296 - Concerning Civil Commitment Statutes and Creating the Civil Commitment Statute Review Task Force, Redefining Certain Terms Related to Civil Commitment, and Making an Appropriation, by Reps. Beth McCann and Tracy Kraft-Tharp and Sen. Linda Newell. The bill creates a task force to review the civil commitment statutes and prepare recommendations regarding consolidation of civil commitment statutes related to mental health, alcohol, and substance abuse disorders.

It’s not over yet—stay tuned for the latest legislative decisions by Governor Hickenlooper. For a complete list of the bills that have been signed this legislative session, click here.

Filed Under: Legislation Tagged With: benefit corporations, business law, child abuse, Colorado Legislature, domestic relations law, elder law, family law, Governor Hickenlooper, HB 13-1044, HB 13-1138, HB 13-1259, HB 13-1271, HB 13-1296, health law, juvenile law, mental health, protection orders, public benefits, SB 13-111, SB 13-220, SB 13-231, SB 13-255, SB 13-266, water law

Probate Omnibus Bill, Employee Privacy, HOA Bills Signed by Governor Hickenlooper

May 14, 2013 by Susan Hoyt Leave a Comment

Although the Colorado General Assembly adjourned sine die on May 8, 2013, bills continue to be signed into law by Governor Hickenlooper. To date, the governor has signed 231 bills. Some of the most recently signed bills are summarized below.

On Thursday, May 7, Governor Hickenlooper signed one bill — HB 13-1117 - Concerning Alignment of Child Development Programs, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Millie Hamner and Sens. Mary Hodge and Andy Kerr. The bill consolidates several child development programs in the Department of Human Services and extends the Early Childhood Leadership Council, which was set to sunset on July 1, 2013.

Governor Hickenlooper signed 18 bills into law on Friday, May 10, 2013. Six of them are summarized here.

SB 13-183 - Concerning Water Conservation Measures in Common Interest Communities, by Sen. Morgan Carroll and Rep. Rhonda Fields. The bill prohibits common interest communities from banning xeriscaping or drought-resistant landscaping, and renders unenforceable any such provisions in bylaws or other governing documents of common interest communities.
SB 13-216 - Concerning Youthful Offenders Within the State Department of Corrections, by Sen. Angela Giron and Rep. Paul Rosenthal. The bill recreates a portion of law that expired October 1, 2012, pertaining to eligibility for the Youthful Offender System. It also mandates the DOC’s compliance with the Prison Rape Elimination Act for youthful offenders.
HB 13-1058 - Concerning Guidelines for the Determination of Spousal Maintenance, by Rep. Beth McCann and Sen. Andy Kerr. The bill creates a system for determining spousal maintenance in dissolution of marriage, legal separation, or declaration of invalidity actions for marriages that lasted at least three years and in which the parties’ combined incomes are less than $240,000 per year.
HB 13-1191 - Concerning Grants for Domestic Wastewater Treatment Plants to Comply with the Water Quality Control Commission’s Nutrient Management Control Regulation, by Rep. Randy Fischer and Sen. Gail Schwartz. The bill allows the Department of Public Health and Environment to make grants to wastewater treatment facilities to ensure compliance with recently-adopted nutrient management control regulations.
HB 13-1200 - Concerning the “Uniform Deployed Parents Custody and Visitation Act”, by Rep. Bob Gardner and Sen. Ellen Roberts. The bill establishes the Uniformed Deployed Parents Custody and Visitation Act. The bill specifies provisions addressing custodial responsibility, caretaking, and decision-making for children of deployed service members.
HB 13-1225 - Concerning Additional Protections for Homeowner’s Insurance Policyholders in Colorado and, in Connection Therewith, Enacting the “Homeowner’s Insurance Reform Act of 2013″, by Rep. Claire Levy and Sens. John Kefalas and Jeanne Nicholson. The bill institutes the “Homeowner’s Insurance Reform Act of 2013″ and creates several requirements for insurers and homeowners, primarily related to insurance for single-family, owner-occupied residences.

On Saturday, May 11, 2013, the governor signed 19 bills into law. Five of them are summarized here.

SB 13-077 - Concerning Certain Provisions of the Colorado Probate Code, by Sen. Ellen Roberts and Rep. Dan Pabon. The “Probate Omnibus Bill” modifies provisions of the Colorado Probate Code related to testimony, personal representatives, and the roles and responsibilities of trustees.
SB 13-119 - Concerning Clarification of the Requirement for a Certificate of Taxes Due in Connection with Title Insurance, by Sen. Matt Jones and Rep. Ray Scott. The bill clarifies that certificates of taxes due are only required for transfers of title to real property and not for refinance transactions. It also allows the Commissioner of Insurance to identify what documents may be substituted for certificates of taxes due when those certificates are unavailable.
HB 13-1046 - Concerning Employer Access to Personal Information through Electronic Communication Devices, by Rep. Angela Williams and Sen. Jessie Ulibarri. The bill prohibits employers from requiring an employee to disclose username and password information from private, personal accounts of the employee on the employee’s electronic device.
HB 13-1077 - Concerning a Driver’s Right to Challenge the Lawfulness of a Law Enforcement Officer’s Initial Contact in an Administrative Proceeding for Revocation of a Driver’s License, by Rep. Joe Salazar and Sen. Jessie Ulibarri. The bill allows drivers who are subject to revocation proceedings to challenge the lawfulness of the initial stop, and requires hearing officers to consider these challenges.
HB 13-1134 - Concerning Unit Owners’ Associations Under the “Colorado Common Interest Ownership Act”, by Rep. Su Ryden and Sen. Morgan Carroll. The bill directs the Homeowners Association Information and Resource Center in the Division of Real Estate to compile a database of HOAs, coordinate educational reference materials, monitor federal rules and regulations, and conduct a study of other states’ HOA offices.

Finally, on Monday, May 13, 2013, Governor Hickenlooper signed 11 bills into law. Four of them are summarized here.

SB 13-181 - Concerning the Funding of Colorado Water Conservation Board Projects, and Making Appropriations in Connection Therewith, by Sen. Gail Schwartz and Rep. Randy Fischer. The bill appropriates funding from the Colorado Water Conservation Board for certain water-related construction projects.
SB 13-200 - Concerning an Increase in the Income Eligibility for Certain Optional Groups in the Medicaid Program to One Hundred Thirty-Three Percent of the Federal Poverty Line, and, in Connection Therewith, Making and Reducing an Appropriation, by Sen. Irene Aguilar and Rep. Mark Ferrandino. The bill brings Colorado’s Medicaid program in line with the Patient Protection and Affordable Care Act of 2010 by expanding eligibility for Medicaid.
HB 13-1163 - Concerning Payment for Medical Costs Associated with Obtaining a Medical Forensic Examination for Victims of Sexual Offenses, by Rep. Daniel Kagan and Sen. Irene Aguilar. The bill creates a fund for emergency payment of medical expenses for victims of sexual offenses who need additional time to determine if they will pursue legal action.
HB 13-1287 - Concerning an Extension of the Income Tax Years for Which the Colorado Job Growth Incentive Tax Credit is Available, by Reps. Dianne Primavera and Brian DelGrosso and Sens. Mark Scheffel and Rollie Heath. The bill extends the Colorado job growth income tax credit for an additional five years.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

Filed Under: Legislation Tagged With: criminal law, dui law, employment law, environmental law, family law, HB 13-1046, HB 13-1058, HB 13-1077, HB 13-1117, HB 13-1134, HB 13-1163, HB 13-1191, HB 13-1200, HB 13-1225, HB 13-1287, health law, HOA law, juvenile law, Medicaid, motor vehicle law, real estate law, SB 13-077, SB 13-119, SB 13-181, SB 13-183, SB 13-200, SB 13-216, title insurance, trust & estate law, water law

e-Legislative Report: 5/13/13

May 14, 2013 by CBA-CLE Staff Leave a Comment

Michael Valdez, Director of Legislative Relations for the CBA, issued his final e-Legislative Report of the 2013 Legislative Session on Monday, May 13, 2013. In this issue, he discusses the end of the session at the Capitol and gives a quick glance ahead.

At the Capitol – End of Session

The Legislature has adjourned sine die for the First Regular Session of the Sixty-ninth General Assembly. The final gavels (House and Senate) came down on Wednesday, May 8 in the late afternoon. We will provide recaps of the session in upcoming issues of The Colorado Lawyer.

My thanks to all who subscribe to the eLegislative Report. We hope the updates were useful to you throughout the 2013 legislative session.

The CBA had a good year under the dome. Our sponsored legislation has been approved by the legislature and is either already signed by or on its way to Gov. John Hickenlooper. The CBA continues its reputation for bringing well thought-out legislation that seeks to improve the legal system—for our members as well as the public.

A big thank you goes out to all the sections for their work in reviewing, amending, fixing, analyzing, killing, and helping pass numerous bills from January through May.

The Legislative Policy Committee (LPC), and in particular Committee Chairman and CBA President Mark Fogg, are to be commended for their efforts throughout the session; they meet weekly when the legislature is in session to direct our efforts at the legislature. During the “off-session” the LPC meets to reflect on the past session and prepare for the session that is always around the corner.

Finally, our contract lobbyist, Amy Redfern and our lobbying firm of Aponté-Busam, do a phenomenal job of representing the CBA at the legislature. Amy’s intellect, experience, and professionalism are tremendous assets to our Association.

A very special note of thanks to my colleague Margaret Haywood, web communications specialist at the Colorado Bar Association, for her efforts to not only get the eLegislative newsletter published each week, but for her help in making the format attractive to readers.

Well done.

Upcoming

Look for the The Colorado Lawyer in July for a quick recap of the session and important legislation; the full Legislative Update will be published in the August issue.

One last item, if something big should arise over the summer I reserve the right to bring it to your attention through this newsletter.

Have a good summer!

Regards,

Michael

Filed Under: Legislation Tagged With: CBA, Colorado Legislature, e-Legislative Report, Legislative Policy Committee

SB 13-288: Revising the Process by Which the General Assembly Approves Payments to Claimants in Excess of the Limits of the CGIA

May 10, 2013 by CBA-CLE Staff Leave a Comment

On Monday, April 29, 2013, Sen. Bill Cadman introduced SB 13-288 – Concerning the Process by Which the General Assembly Approves Recommendations Made by the State Claims Board for an Additional Payment to Claimants that Exceeds the Maximum Liability Under the “Colorado Governmental Immunity Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law authorizes a person with tort claims against the state brought under the “Colorado Governmental Immunity Act” (CGIA) to recover an additional payment against the state where the state claims board (board) compromises or settles a claim on behalf of the state for the maximum liability limits under the CGIA and determines, in its sole discretion, to recommend to the general assembly that the general assembly, by bill, authorize all or any portion of the additional payment.

The bill makes the following modifications to these provisions:

The bill clarifies the existing method for exceeding the CGIA limit based on the board recommendation and authorization through a bill.

In connection with a recommendation made by the board to make a payment to one or more claimants resulting from a claim of an injury arising out of the lower north fork wildfire in March 2012 that is received by the general assembly while the general assembly is adjourned sine die, upon certification from the department of law that the board process has been satisfied and on or after July 1, 2013, the bill authorizes the office of the state controller to pay one or more additional payments to such claimants from moneys previously appropriated by bill until such specifically appropriated moneys are exhausted or replenished.

In connection with any claim arising out of an injury occurring on or after the effective date of the bill that does not arise out of the lower north fork wildfire, where the board has made a recommendation to the general assembly for an additional payment while the general assembly has adjourned sine die, the payment is authorized where all of the members of the joint budget committee have voted to authorize the additional payment; except that the bill prohibits payment from being made until the general assembly has ratified by bill the authorization to make the payment.

The bill was introduced on April 29 and assigned to the Finance Committee. The Finance Committee approved the bill on May 2 and sent it to the Senate consent calendar for consideration on 2nd Reading. On May 3, the Senate approved the bill on 2nd Reading; the bill is now on the 3rd Reading calendar in the Senate.

Since this summary, the bill passed the Senate on Third Reading and was introduced in the House. It was assigned to the State, Veterans, & Military Affairs Committee, which referred it unamended to the House Committee of the Whole. It then passed the House on Second and Third Readings.

Filed Under: Legislation Tagged With: Colorado Governmental Immunity Act, Colorado Legislature, SB 13-288

SB 13-287: Amending Certain Provision Relating to Telecommunications

May 10, 2013 by CBA-CLE Staff Leave a Comment

On Monday, April 29, 2013, Sen. Jeanne Nicholson introduced SB 13-287 – Concerning Telecommunications. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The high cost support mechanism reimburses some of the cost of providing telephone services to rural areas. The bill adds broadband internet service in unserved and underserved areas to the services that are reimbursable.

As introduced, the bill exempts voice-over-internet-protocol service and internet-protocol-enabled service from regulation by the Public Utilities Commission (PUC) and exempts broadband service from state sales tax. It also exempts basic local exchange service from regulation in geographic areas in which the PUC has determined that effective competition exists.

The bill clarifies that this exemption does not affect an entity’s rights and obligations under federal law, nor does it affect the PUC’s authority with respect to: Wholesale telecommunications rates; services; agreements; providers; tariffs; the resolution of disputes regarding intercarrier compensation; or oversight of the implementation of a next-generation 911 plan with regard to interoperability and performance, operational, and system standards.

The bill was introduced on April 29 and assigned to the State, Veterans, & Military Affairs Committee. On May 1, the State, Veterans, & Military Affairs amended the bill and sent it to the full Senate for consideration on 2nd Reading.

Since this summary, the bill lost with amendments on Second Reading in the Senate. It was laid over until May 10, 2013.

Filed Under: Legislation Tagged With: Colorado Legislature, communications law, SB 13-287

HB 13-1325: Establishing THC Blood Levels for Purposes of DUI Law

May 9, 2013 by CBA-CLE Staff Leave a Comment

On May 2, 2013, Rep. Rhonda Fields introduced HB 13-1325 - Concerning Penalties for Persons who Drive While Under the Influence of Alcohol or Drugs, and, in Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In any DUI prosecution, if at the time of driving or within a reasonable time thereafter, the driver’s blood contains five nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant’s blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs.

Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant’s blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. The bill removes this presumption and states instead that such fact gives rise to a permissible inference that the defendant was under the influence of alcohol.

The bill removes instances of the term “habitual user” from the traffic code.

The bill was introduced on May 2 and approved, with amendments, by the Judiciary Committee on that same day. On May 3, the Appropriations Committee approved the bill and sent it to the full House for consideration on 2nd Reading. 2nd Reading is scheduled for Monday, May 6.

Since this summary, the bill made it through Second Reading unamended and passed Third Reading in the Senate.

Filed Under: Legislation Tagged With: criminal law, DUI, dui law, HB 13-1325, marijuana law, medical marijuana, motor vehicle law

HB 13-1324: Adding Two Members of the General Assembly to the State Internet Portal Authority Board of Directors

May 8, 2013 by CBA-CLE Staff Leave a Comment

On April 29, 2013, Rep. Carole Murray and Sen. Jeanne Nicholson introduced HB 13-1324 - Concerning the Addition of Members of the General Assembly to the Board of Directors of the Statewide Internet Portal Authority. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill enlarges the board of directors of the statewide Internet portal authority from 13 to 15 members by adding a member who is appointed by the minority leader in the Senate and a member who is appointed by the minority leader in the House of Representatives. The bill also specifies when the appointments are to be made and when the terms of the new board members begin and end.

The bill was introduced in the House on April 29 and passed out of the Business, Labor, Economic, & Workforce Development Committee on May 2. The House approved the bill on 2nd Reading May 2 and 3rd Reading on May 3. The bill was then introduced in the Senate on May 3 and passed out of the Judiciary Committee and is now on the 2nd Reading Consent calendar in the Senate.

Since this summary, the bill passed Second Reading in the Senate, unamended, and also passed Third Reading in the Senate.

Filed Under: Legislation Tagged With: business law, Colorado Legislature, HB 13-1324, technology

Bills Regarding Crimes Against Pregnant Women, UCC Article 9 Security Interests, and Valuations of Real Property Signed

Colorado Legislative Primer — A Refresher on How a Bill Becomes Law

By Michael Valdez, CBA Director of Legislative Relations, and Jill Lafrenz, CBA Sections and Committees Program Coordinator

Criminal Omnibus Bill, Workers’ Compensation IME Bill, and More Signed by Governor

Colorado Anti-Discrimination Act Now Provides Remedies in Employment Discrimination Cases

By Barry Roseman

Uniform Premarital and Marital Agreements Act and Other Bills Signed by Governor

Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

Probate Omnibus Bill, Employee Privacy, HOA Bills Signed by Governor Hickenlooper

e-Legislative Report: 5/13/13

At the Capitol – End of Session

Upcoming

SB 13-288: Revising the Process by Which the General Assembly Approves Payments to Claimants in Excess of the Limits of the CGIA

SB 13-287: Amending Certain Provision Relating to Telecommunications

HB 13-1325: Establishing THC Blood Levels for Purposes of DUI Law

HB 13-1324: Adding Two Members of the General Assembly to the State Internet Portal Authority Board of Directors

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