January 29, 2015

SB 15-016: Clarifying Changes to Civil Unions When Same-Sex Marriage Becomes Legal

On January 7, 2015, Sen. Pat Steadman introduced SB 15-016 — Concerning Marriages by Individuals who are Parties to a Civil Union, and, in Connection Therewith, Prohibiting Marriages in Circumstances in which One of the Parties is Already in a Civil Union with Another Individual, Addressing the Legal Effect of Parties to a Civil Union Marrying Each Other, Clarifying the Dissolution Process when Parties to a Civil Union Marry, and Amending the Bigamy Statute to Include Parties to a Civil Union. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill addresses issues that have arisen in Colorado regarding marriages by individuals who are in a civil union or who will enter into a civil union after recent court decisions have declared same-sex marriage bans, such as section 31 of article II of the state constitution, unconstitutional. The bill amends the statute on prohibited marriages to disallow a marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same 2 parties. The executive director of the department of public health and environment is directed to revise the marriage license application to include questions regarding prior civil unions. The bill states that the “Colorado Civil Union Act” (act) does not affect a marriage legally entered into in another jurisdiction between 2 individuals who are the same sex. The construction statute for the act is amended to clarify that it must not be construed to create a marriage, including a common law marriage, between the parties to a civil union. Two parties who have entered into a civil union may subsequently enter into a legally recognized marriage with each other by obtaining a marriage license from a county clerk and recorder in this state and by having the marriage solemnized and registered as a marriage with a county clerk and recorder. The bill states that the effect of marrying in that circumstance is to merge the civil union into a marriage by operation of law. A separate dissolution of a civil union is not required when a civil union is merged into a marriage by operation of law. If one or both of the parties to the marriage subsequently desire to dissolve the marriage, legally separate, or have the marriage declared invalid, one or both of the parties must file proceedings in accordance with the procedures specified in the “Uniform Dissolution of Marriage Act”. Any dissolution, legal separation, or declaration of invalidity of the marriage must be in accordance with the “Uniform Dissolution of Marriage Act”. If a civil union is merged into marriage by operation of law, any calculation of the duration of the marriage includes the time period during which the parties were in a civil union. The criminal statute on bigamy is amended, effective July 1, 2015, to include a person who, while married, marries, enters into a civil union, or cohabits in this state with another person and to include a person who, while still legally in a civil union, marries, enters into a civil union, or cohabits in this state with another person.

The bill was assigned to the Senate State, Veterans, & Military Affairs Committee, where it was postponed indefinitely on January 21, 2015.

SB 15-049: Vesting Title to Real Estate in An Entity Upon Formation

On January 8, 2015, Sen. Beth Martinez-Humenik and Rep. Jon Keyser introduced SB 15-049 — Concerning the Vesting of Title to Real Estate in a Grantee that is an Entity that has not yet Been Formed Once the Entity has Been Formed. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law specifies that when a grantee of a deed is a corporation whose incorporation papers have not yet been filed, title to the real estate vests in the corporation once the papers are filed. The bill expands this law to apply to all entities, specifying that title vests once the entity is formed.

The bill was assigned to the Senate Business, Labor, & Technology Committee.

SB 15-069: Repealing “Job Protection and Civil Rights Enforcement Act of 2013″

On January 14, 2015, Sen. Laura Woods and Rep. Libby Szabo introduced SB 15-069 — Concerning the Repeal of the “Job Protection and Civil Rights Enforcement Act Of 2013.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In 2013, the general assembly enacted HB13-1136, the “Job Protection and Civil Rights Enforcement Act of 2013″ (act), which established compensatory and punitive damage remedies, as well as front pay, for a person who proves that an employer engaged in a discriminatory or unfair employment practice under state law. These remedies were created in addition to equitable relief, such as back pay, reinstatement, or hiring, that was already available to employment discrimination victims. Additionally, the act: ! Expanded age discrimination claims under state law to persons 70 years of age or older; Authorized the use of moneys in the risk management fund to pay claims for compensatory damages against the state or its officials or employees; and Required the state civil rights commission to create a volunteer working group to assist in education and outreach efforts and provide the commission with information to post on its web site regarding educational resources available to employers to help them understand and comply with antidiscrimination laws. With the exception of the expansion of age-based discrimination claims to individuals who are 70 years of age or older, the bill repeals all components of the act and restores the equitable relief remedies that were available to employment discrimination victims making claims under state law prior to the passage of the act.

The bill was assigned to the Senate Business, Labor, & Technology Committee.

HB 15-1010: Creating Presumption of Notification to Beneficiaries by Trustee

On January 7, 2015, Reps. Tracy Kraft-Tharp and Dan Nordberg and Sen. Cheri Jahn introduced HB 15-1010 — Concerning a Presumption that a Trustee has Notified a Beneficiary when the Trustee has Adopted a Beneficiary Notification Procedure, and, in Connection Therewith, Clarifying that a Trustee May Deliver Information to Beneficiaries Electronically. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law requires a trustee to keep beneficiaries of a trust informed about the status of the trust. The bill creates a presumption that a beneficiary has received information or a statement of account when the trustee has procedures in place requiring the mailing or delivery of information or a statement of account to a beneficiary. The presumption applies to electronic notifications if the beneficiary has agreed to receive such electronic delivery or access and to a beneficiary’s receipt of a final account or statement.

The bill was assigned to the House Business Affairs and Labor Committee. The bill passed through the committee unamended and also survived Second and Third Reading in the House with no amendments.

HB 15-1021: Continuing “Rule of Seven” Modifications to Colorado Revised Statutes

On January 7, 2015, Rep. Yeulin Willett and Sen. Michael Merrifield introduced HB 15-1021 — Concerning Statutorily Established Time Periods that are Multiples of Seven Days. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill changes time periods in certain court proceedings to 7-day periods or periods that are multiples of 7 days to avoid actions being due on weekends. Similar changes to 7-day periods or periods that are multiples of 7 days were made to the Colorado Revised Statutes in 2012, pursuant to Senate Bill 12-175; in 2013, pursuant to House Bill 13-1126; and in 2014, pursuant to House Bill 14-1347.

The bill was assigned to the House Judiciary Committee, where it passed unamended. It also passed Second and Third Reading in the House with no amendments.

HB 15-1034: Adding a District Court Judge in the Twelfth Judicial District

On January 7, 2015, Rep. Edward Vigil and Sen. Larry Crowder introduced HB 15-1034 — Concerning an Increase in the Number of District Court Judges in the Twelfth Judicial District. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Effective July 1, 2015, the bill increases the number of district court judges in the twelfth judicial district from 3 to 4.

The bill was assigned to the House Judiciary and Appropriations Committees. The bill has passed out of the Judiciary Committee unamended and was referred to Appropriations.

HB 15-1064: Clarifying Who May Access a Decedent’s Safe Deposit Box

On January 7, 2015, Rep. Dan Nordberg and Sen. Chris Holbert introduced HB 15-1064 — Concerning Access to the Safe Deposit Box of a Decedent, and, in Connection Therewith, Limiting the Obligations of Custodians who Access the Box. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill clarifies who has access to the safe deposit box of a decedent. A custodian of a safe deposit box is not deemed to have acquired knowledge, either actual or constructive, pertaining to the value of any of the contents of the box delivered to a person as a consequence of the custodian’s examination and delivery of such contents.

The bill was assigned to the House Judiciary Committee.

HB 15-1071: Attorney-Client Privilege Vests in Surviving Entity Post-Merger

On January 9, 2015, Rep. Jon Keyser and Sen. Owen Hill introduced HB 15-1071 — Concerning Clarification That, Following a Merger of Entities, the Surviving Entity is Entitled to Control the Premerger Attorney-Client Privileges of a Constituent Entity. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Existing law specifies that when entities merge, all of the privileges of each of the merging entities vest as a matter of law in the surviving entity. The bill clarifies that the attorney-client privilege is among the privileges that vest in the surviving entity.

The bill was assigned to the House Business Affairs and Labor Committee. It passed committee reading unamended and was referred to the House Committee of the Whole, where it also passed Second and Third Reading unamended.

Bills Regarding Great-Grandparent Visitation, Workers’ Comp Treating Physicians, Marijuana Revenue, Segregation of Mentally Ill Inmates, and More Signed

The 2014 Legislative Session has now ended, and Governor Hickenlooper signed many bills into law this session. Over the past week, he signed 79 bills, allowed one to become law without a signature, and vetoed two bills. In total, the governor signed 396 bills, allowed one to become law without a signature, and vetoed four bills.

On Wednesday, June 4, 2014, the governor signed two bills. They are summarized here. The governor also vetoed one bill, SB 14-023 – Concerning an Authorization of the Voluntary Transfer of Water Efficiency Savings to the Colorado Water Conservation Board for Instream Use Purposes in Water Divisions that Include Lands West of the Continental Divide. The governor’s statement regarding SB 14-023 is available here.

  • SB 14-041 – Concerning the Creation of a USS Colorado License Plate for Motor Vehicles and, in Connection Therewith, Making an Appropriation, by Sen. Bernie Herpin and Reps. Bob Gardner & Spencer Swalm. The bill creates a special license plate to commemorate the USS Colorado.
  • SB 14-214 – Concerning the Studies Requested in the Department of Personnel’s Response to the Request for Information in the Fiscal Year 2013-14 Annual General Appropriation Act, and, in Connection Therewith, Making an Appropriation, by Sens. Kent Lambert & Pat Steadman and Reps. Cheri Gerou & Jenise May. The bill requires the state personnel director and the state auditor to conduct a compensation study to compare with similar workforce structures. The bill also requires PERA to provide member information and data to any third-party compensation consulting firm.

On Thursday, June 5, 2014, the governor signed 24 bills into law. Some of these are summarized here.

  • SB 14-125Concerning the Regulation of Transportation Network Companies, and, in Connection Therewith, Requiring Transportation Network Companies to Carry Liability Insurance, Conduct Background Checks on Transportation Network Company Drivers, Inspect Transportation Network Company Vehicles, and Obtain a Permit from the Public Utilities Commission; and Making an Appropriation, by Sens. Cheri Jahn & Ted Harvey and Reps. Dan Pabon & Libby Szabo. The bill creates a limited structure for transportation network companies, which use digital networks to connect riders to drivers who provide transportation in their area.
  • SB 14-172 – Concerning Employer-Paid Benefits to a Firefighter for Cardiac Illnesses Resulting from a Strenuous Work Event, and, in Connection Therewith, Making an Appropriation, by Sens. Lois Tochtrop & Linda Newell and Rep. Tracy Kraft-Tharp. The bill requires any municipality, special district, fire authority, or county improvement district employing firefighters to provide benefits for heart and circulatory malfunctions.
  • SB 14-213 – Concerning Increasing the Statutes of Limitations for Commencing Procedures Against a Person who, After Committing a Vehicular Homicide, Leaves the Scene of the Accident, and, in Connection Therewith, Requiring a Post-Enactment Review of the Implementation of this Act. The bill increases the statute of limitations for persons who leave the scene of a vehicular homicide from five years to ten years.
  • HB 14-1214 – Concerning an Increase in the Penalties for Certain Offenses Committed Against an Emergency Medical Services Provider, and, in Connection Therewith, Making an Appropriation, by Rep. Cheri Gerou and Sen. David Balmer. The bill adds working emergency medical service providers to the list of victims that trigger enhanced sentencing for first degree murder, first degree assault, and second degree assault.
  • HB 14-1228 – Concerning the Repeal of Certain Requirements for Defensive Driving Schools Attended in Accordance with a Court Order Resulting from a Violation of a Law Regulating the Operation of a Motor Vehicle and, in Connection Therewith, Reducing an Appropriation, by Reps. Cherylin Peniston & Libby Szabo and Sens. Lois Tochtrop & Steve King. The bill removes the requirement that the Department of Revenue monitor, evaluate, and report on the effectiveness of court-ordered driving programs, and eliminates the penalty surcharge on people who attend the courses.
  • HB 14-1260 – Concerning the Creation of Three Mandatory Minimum Presumptive Ranges for Defendants Convicted of a Felony Sex Offense Involving Intrusion Against a Child who is Under Twelve Years of Age when the Adult Defendant is At Least Ten Years Older that has One of the Ranges Starting at Ten Years as the Minimum in the Range, and, in Connection Therewith, Creating an Indeterminate Lifetime Sentence with a Mandatory Minimum Presumptive Range of Ten to Sixteen Years for a Class 4 Felony; a Mandatory Minimum Presumptive Range of Eighteen to Thirty-Two Years for a Class 3 Felony; and a Mandatory Minimum Presumptive Range of Twenty-Four to Forty-Eight Years for a Class 2 Felony, by Rep. Mike Foote  and Sen. Mike Johnston. The bill changes the sentencing parameters for adults who commit felony sex offenses on children under age 12.
  • HB 14-1279 – Concerning the Creation of a State Income Tax Credit to Reimburse a Business for Personal Property Taxes Paid in the State, by Reps. Dianne Primavera & Dave Young and Sens. Rollie Heath & Mark Scheffel. The bill creates a state income property tax credit to reimburse businesses for the amount of business personal property tax paid in Colorado.
  • HB 14-1383 – Concerning the Required Number of Physicians that Must Be Provided to an Injured Employee for Selection of a Treating Physician in Workers’ Compensation Cases, by Rep. Angela Williams and Sens. Lois Tochtrop & Jessie Ulibarri. The bill requires employers to provide injured workers a choice of at least four physicians at two or more distinct locations, with exceptions for rural areas.

On Friday, June 6, 2014, the governor signed 53 bills, allowed one to become law without a signature, and vetoed one bill. The bill he allowed to become law without a signature was HB 14-1371 Concerning Property Taxation of Oil and Gas Leaseholds and Lands and, in Connection Therewith, Specifying that the Wellhead is the Point of Valuation and Taxation for Such Leaseholds and Lands, which changed the point of taxation for oil and gas wells from the production point to the wellhead. The governor issued a statement about the bill (available here).

The bill the governor vetoed Friday was HB 14-1375 – Concerning Modifications to Statutory Provisions Governing Urban Redevelopment to Promote the Equitable Financial Contribution Among Affected Public Bodies in Connection with the Tax Increment Financing of Urban Redevelopment Projects. The governor’s statement regarding this bill is available here.

Summaries of some of the bills the governor signed on Friday are available here.

  • HB 14-1269 – Concerning the Circumstances Under Which a Person who Sells Items Subject to Sales Tax Must Collect Such Sales Tax on Behalf of the State, by Reps. Lois Court & Angela Williams and Sen. Mike Johnston. The bill expands the definition of “nexus” for sales tax purposes, broadening the types of business activity that create taxable sales.
  • HB 14-1280 – Concerning Limits on Liability for Agritourism, by Rep. Timothy Dore and Sen. Gail Schwartz. The bill renames “agricultural recreation activities” as “agritourism” and excludes marijuana-related activities from its definition.
  • HB 14-1321 – Concerning the Membership of the Colorado Task Force on Drunk and Impaired Driving, by Rep. Dave Young and Sen. Steve King. The bill changes the name of the Interagency Task Force on Drunk Driving to the Colorado Task Force on Drunk and Impaired Driving and makes several changes to membership requirements.
  • HB 14-1333 – Concerning the Funding of Colorado Water Conservation Board Projects and, in Connection Therewith, Making an Appropriation, by Reps. Randy Fischer & Don Coram and Sens. Gail Schwartz & Ted Harvey. The bill appropriates funds from the Colorado Water Conservation Board Construction Fund for specific projects and authorizes certain other transactions.
  • HB 14-1343 – Concerning Workers’ Compensation Coverage for Post-Traumatic Stress Disorder for Peace Officers, by Reps. Jonathan Singer & Jared Wright and Sen. Lois Tochtrop. The bill allows firefighters and peace officers to file workers’ compensation claims for post-traumatic stress disorder and specifies parameters for filing such claims.
  • HB 14-1356 – Concerning an Increase in the Colorado Oil and Gas Commission’s Penalty Authority and, in Connection Therewith, Making an Appropriation, by Rep. Mike Foote and Sen. Matt Jones. The bill increases the penalties for violations of the Oil and Gas Conservation Act.
  • HB 14-1362 – Concerning Great-Grandparent Visitation with Great-Grandchildren, by Rep. Dominick Moreno and Sen. Jessie Ulibarri. The bill allows great-grandparents to seek visitation rights with their great-grandchildren under the same circumstances as grandparent visitation rights are allowed.
  • HB 14-1387 – Concerning Revisions of Capital Related Statutes in the Colorado Revised Statutes and, in Connection Therewith, Amending or Repealing Obsolete, Inconsistent, and Conflicting Provisions of Law and Clarifying the Language to Reflect Legislative Intent and Current Application of the Law, by Reps. Libby Szabo & Randy Fischer and Sen. Gail Schwartz. The bill updates statutes related to capital construction projects and makes additional changes.
  • HB 14-1390 – Concerning the Legal Standing of a Member of the Public in Challenging a Violation of the Open Meeting Requirements, by Reps. Crisanta Duran & Bob Gardner and Sens. Greg Brophy & Rachel Zenzinger. The bill clarifies that anyone denied rights provided by the Open Meetings Law has standing to challenge the denial.
  • HB 14-1398 – Concerning the Provision of Financial Services to Licensed Marijuana Businesses, and, in Connection Therewith, Making an Appropriation, by Rep. Jonathan Singer and Sens. Pat Steadman & David Balmer. The bill allows for the creation and regulation of marijuana financial services cooperatives referred to as “cannabis credit co-ops” or CCCs, a new type of financial services entity with membership restricted to licensed marijuana businesses.
  • SB 14-021 – Concerning the Treatment of Persons with Mental Illness who are Involved in the Criminal Justice Systems, and, in Connection Therewith, Making an Appropriation, by Sens. Lois Tochtrop & Steve King and Rep. Jared Wright. The bill extends the repeal date of the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved with the Criminal and Juvenile Justice Systems. The bill also specifies areas of examination for the committee.
  • SB 14-064 – Concerning Restricting the Use of Long-Term Isolated Confinement for Inmates with Serious Mental Illness, and, in Connection Therewith, Making an Appropriation, by Sen. Jessie Ulibarri and Rep. Joseph Salazar. The bill requires the DOC to review the mental health status of offenders in segregation every 90 days, and requires that prior to placing an inmate in segregation, a review of the inmate’s mental health status should occur to determine if such placement is allowed.
  • SB 14-117 – Concerning the Reauthorization of the Regulation of Real Estate Appraisers by the Board of Real Estate Appraisers through a Recreation and Reenactment of the Relevant Statutes Incorporating no Substantive Amendments other than those Approved During the First Regular Session of the 69th General Assembly, by Sen. Cheri Jahn and Rep. Randy Fischer. The bill corrects an oversight from Senate Bill 13-155 and extends the repeal date of the Board of Real Estate Appraisers (board) in the Department of Regulatory Agencies (DORA) through September 1, 2022.
  • SB 14-129 – Concerning Changes to Criminal Provisions Related to Marijuana and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Jenise May. The bill affects a number of criminal provisions related to marijuana, including adding penalties for underage consumption and possession.
  • SB 14-193 – Concerning Conforming Colorado Law on Location Information with the Fourth Amendment as Interpreted by the United States Supreme Court in United States v. Jones, by Sens. Morgan Carroll & Kevin Lundberg and Rep. Jonathan Singer. The bill prohibits a state agency from obtaining location information from an electronic device without first obtaining a search warrant, with some exceptions.
  • SB 14-215 – Concerning the Disposition of Moneys Collected by the State in Connection with the Legal Marijuana Industry, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Reps. Crisanta Duran & Cheri Gerou. The bill creates the Marijuana Cash Tax Fund for tax revenue collected by the legal marijuana industry, and identifies the purposes for which funds may be appropriated from the Marijuana Cash Tax Fund.

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

Probate, Domestic Relations, Juvenile Law, Workers’ Comp Bills, and More Signed by Governor

Governor Hickenlooper continues to sign legislation, and has signed 54 bills in the last week. To date, he has signed 317 bills and vetoed two bills. Some of these are summarized here.

Thursday, May 29, 2014

  • SB 14-005 – Concerning Alternative Administrative Remedies for the Processing of Certain Wage Claims, and, in Connection Therewith, Amending the Provisions for Written Notices of a Wage Claim, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Jessie Ulibarri and Rep. Jonathan Singer. The bill authorizes the Division of Labor to develop an administrative process to handle wage claim cases.
  • SB 14-190 – Concerning Criminal Discovery, and, in Connection Therewith, Creating a Statewide Discovery Sharing System, a Criminal Discovery Surcharge, Civil Immunity for District Attorneys that Make a Good-Faith Effort to Redact Information from Discovery Documents, and Making an Appropriation, by Sen. Kent Lambert and Rep. Cheri Gerou. The bill implements the recommendations of the Discovery Task Force regarding creating and maintaining a statewide eDiscovery system.
  • SB 14-201 – Concerning Reestablishing a Child Protection Ombudsman Advisory Work Group to Develop a Plan for Accountable Autonomy for the Child Protection Ombudsman Program, by Sen. Linda Newell and Rep. Jonathan Singer. The bill creates a new advisory work group to evaluate the Office of Child Protection Ombudsman Program and recommend ways to improve efficiency.
  • SB 14-203 – Concerning the Office of the Respondent Parents’ Counsel in Cases of Alleged Child Abuse or Neglect, by Sens. Kent Lambert & Linda Newell and Reps. Jenise May & Bob Gardner. The bill creates the Office of Respondent Parents’ Counsel in the Judicial Department in order to provide legal representation to low income respondent parents in dependency and neglect cases.
  • HB 14-1273 – Concerning Human Trafficking, and, In Connection Therewith, Making and Reducing Appropriations, by Reps. Beth McCann & Jared Wright and Sens. Linda Newell & Gail Schwartz. The bill amends several statutory provisions concerning human trafficking.

Friday, May 30, 2014

  • HB 14-1080 – Concerning a Sales and Use Tax Exemption for the Colorado Ute Indians, by Reps. Mike McLachlan & Don Coram and Sen. Ellen Roberts. The bill clarifies that sales tax doesn’t apply to purchases made on reservations.
  • HB 14-1119 – Concerning an Income Tax Credit for the Donation of Food to a Hunger-Relief Charitable Organization, by Rep. Mike McLachlan and Sens. Mary Hodge & Ellen Roberts. The bill creates an income tax credit for individual and corporate taxpayers who donate food to hunger-relief charitable organizations.
  • HB 14-1222 – Concerning Modification of the Terms Under Which a County May Issue Tax-Exempt Private Activity Bonds on Behalf of an Eligible Applicant for the Purpose of Financing a Geothermal Energy Project on the Applicant’s Property, by Rep. Mike McLachlan and Sens. Gail Schwartz & Ellen Roberts. The bill changes several provisions regarding private activity bonds issued by counties.

Saturday, May 31, 2014

  • HB 14-1030 – Concerning the Establishment of Incentives for the Development of Hydroelectric Energy Systems, by Reps. Don Coram & Diane Mitsch-Bush and Sens. Gail Schwartz & Ellen Roberts. The bill facilitates the development of hydroelectric energy systems by the State Electrical Board and the Department of Regulatory Agencies.
  • HB 14-1275 – Concerning Authorization for the Parks and Wildlife Commission to Purchase Real Property to Build a Multi-Use Shooting Facility, by Reps. Crisanta Duran & Don Coram and Sens. Cheri Jahn & Ellen Roberts. The bill allows the Parks and Wildlife Commission to purchase certain real estate in Mesa County to build a multi-use shooting facility.
  • HB 14-1303 – Concerning the Receipt of Public Testimony from Remote Locations Around the State by Legislative Committees, and, in Connection Therewith, Making and Reducing Appropriations, by Reps. Ray Scott & Mark Ferrandino and Sen. Gail Schwartz. The bill allows the Executive Committee of the Legislative Council to establish policies to allow remote testimony from more than one location in Colorado.

Sunday, June 1, 2014

  • HB 14-1278 – Concerning Continuation of the Workers’ Compensation Accreditation Program Administered by the Division of Workers’ Compensation, and, in Connection Therewith, Implementing the Recommendations of the 2013 Sunset Report by the Department of Regulatory Agencies, by Rep. Paul Rosenthal and Sen. Lois Tochtrop. The bill continues the Workers’ Comp Accreditation Program and requires the DWC to conduct a study on the potential impact on the state of adopting the current version of the AMA Guides to Evaluation of Permanent Impairment.
  • HB 14-1323 – Concerning Restrictions on the Ability of a Government Entity to Access an Individual’s Personal Medical Information, by Rep. Dianne Primavera and Sens. Kevin Lundberg & John Kefalas. The bill places restrictions on the Department of Revenue’s use of personal medical information, and requires the DOR to receive an individual’s permission before accessing personal medical information.
  • HB 14-1322 – Concerning the Colorado Probate Code, by Rep. Mike McLachlan and Sen. Ellen Roberts. The bill makes several changes to the Colorado Probate Code provisions concerning control and distribution of estate assets.
  • HB 14-1363 – Concerning the Nonsubstantive Revision of Statutes in the Colorado Revised Statutes, as Amended, and, in Connection Therewith, Amending or Repealing Obsolete, Imperfect, and Inoperative Law to Preserve the Legislative Intent, Effect, and Meaning of the Law, by Rep. Bob Gardner and Sen. Ellen Roberts. This bill, the Revisor’s Bill, makes several nonsubstantive changes to the Colorado Revised Statutes in order to repeal or amend obsolete or unclear provisions of the law.
  • HB 14-1379 – Concerning Clarifying the Application of the Spousal Maintenance Statutes, by Rep. Beth McCann and Sen. Andy Kerr. The bill clarifies the applicability of prior spousal maintenance statutes in cases filed prior to January 1, 2014.
  • SB 14-184 – Concerning Oversight of the Industrial Hemp Program, by Sen. Gail Schwartz and Rep. Don Coram. The bill modifies existing statutes related to the industrial hemp program and creates an industrial hemp research grant program.
  • SB 14-191 – Concerning the Procedures for Resolution of Workers’ Compensation Claims, by Sen. Lois Tochtrop and Rep. Dan Pabon. The bill makes several changes to provisions regarding the resolution of workers’ compensation claims.
  • SB 14-206 – Concerning Criminal Record Sealing Provisions, and, in Connection Therewith, Relocating the Record Sealing Provisions in a New Part, Clarifying when an Arrest Record can be Sealed, and Making Other Clarifying Changes, by Sen. Pat Steadman and Rep. Jonathan Singer. The bill reorganizes statutes regarding sealing of criminal records and relocates them to another section of statute.

Tuesday, June 3, 2014

  • HB 14-1156 – Concerning Extending the Age of Eligibility for the Child Nutrition School Lunch Protection Program, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Kevin Priola and Sen. Lois Tochtrop. The bill expands eligibility for the Child Nutrition School Lunch Protection Program from kindergarten through 2nd Grade to kindergarten through 12th Grade.
  • HB 14-1301 – Concerning the Safe Routes to School Program, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Dianne Mitsch Bush and Sen. Andy Kerr. The bill appropriates funds to the CDOT in order to continue the Safe Routes to School program, which distributes funds to projects to improve the safety of pedestrians and bicyclists in school areas.

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

Veterans Bills, Hepatitis C Bill, Marijuana Bills, and Many Others Signed by Governor

Though the General Assembly has adjourned for 2014, the governor continues to sign legislation. To date, the governor has signed 283 bills and vetoed two bills. He signed bills most days during the week of May 19, and signed veterans bills on Memorial Day – May 26, 2014. Some of these are summarized here.

Monday, May 19, 2014

  • SB 14-173 – Concerning the Recommendation that Certain Persons be Offered a Test for the Hepatitis C Virus, by Sens. Cheri Jahn & Steve King and Reps. Jonathan Singer & Frank McNulty. The bill recommends that health care providers offer a test to screen for hepatitis C to anyone born between 1945 and 1965.
  • SB 14-174 – Concerning the Creation of the Prosecution Fellowship Program, by Sens. Rollie Heath & Mike Johnston and Reps. Mike McLachlan & Dan Pabon. The bill provides a fund in the Department of Higher Education for fellowships for recent Colorado law school graduates to pursue careers as prosecutors in rural areas.

Tuesday, May 20, 2014

  • HB 14-1178 – Concerning a Sales and Use Tax Exemption for Qualified Property Used in Space Flight, and, In Connection Therewith, Making and Reducing Appropriations, by Reps. Mark Ferrandino & Brian DelGrosso and Sens. Mary Hodge & Kevin Grantham. The bill exempts qualified space flight personal property from sales and use tax.

Wednesday, May 21, 2014

  • SB 14-123 – Concerning the Authority of the Peace Officers Standards and Training Board, and, In Connection Therewith, Providing Additional Rule-Making Authority; Raising the Maximum Fee for Certification and Skills Exams; Allowing Awarding Grants to Nonprofit Organizations; Denying Certification for Municipal Violations; and Making an Appropriation, by Sen. Lucia Guzman and Rep. Daniel Kagan. The bill makes several adjustments to the rule-making authority of the Peace Officers Standards and Training Board and allows fee increases, denial of certification, and more.
  • SB 14-155 – Concerning Grant Funding for Medical Marijuana Health Effects Studies, by Sen. Pat Steadman and Reps. Jenise May & Crisanta Duran. The bill creates a grant program to fund scientific research on the use of marijuana as a part of medical treatment.
  • HB 14-1032 – Concerning the Provision of Defense Counsel to Juvenile Offenders, and, In Connection Therewith, Making and Reducing Appropriations, by Rep. Daniel Kagan and Sen. Lucia Guzman. The bill makes several changes to the procedures concerning providing defense counsel for juvenile offenders.
  • HB 14-1288 – Concerning Information Available Regarding Personal Belief Exemptions to Immunization Requirements for Children Prior to Attending School, by Rep. Dan Pabon and Sen. Irene Aguilar. The bill expands the requirements necessary for parents to waive the immunization requirement for their children prior to attending school.
  • HB 14-1361 – Concerning the Authority of the State Licensing Authority to Establish Equivalencies for Retail Marijuana Products, and, In Connection Therewith, Making an Appropriation, by Reps. Frank McNulty & Jonathan Singer and Sens. Lucia Guzman & Steve King. The bill requires the Department of Revenue to establish rules regarding the equivalency of marijuana flowers and marijuana concentrate by January 1, 2016.
  • HB 14-1366 – Concerning Reasonable Restrictions on the Sale of Edible Retail Marijuana Products, by Reps. Jonathan Singer & Frank McNulty and Sens. Mike Johnston & Steve King. The bill removes the requirement that marijuana flowers be sold in childproof packaging and maintains the requirement for edible marijuana products.

Thursday, May 22, 2014

  • SB 14-051 – Concerning Access to Records Relating to the Adoption of Children, and, In Connection Therewith, Making an Appropriation, by Sen. Lois Tochtrop and Rep. Lori Saine. The bill eliminates different standards for the release of adoption records, and generally seals those records from all but eligible recipients.
  • SB 14-118 – Concerning Improving Protections for Individuals with Disabilities, by Sen. Pat Steadman and Rep. Jovan Melton. The bill changes definitions to conform to the federal Americans with Disabilities Act and increases penalties for certain offenses.
  • HB 14-1042 – Concerning Access by Birth Parents to Records Relating to the Relinquishment of Parental Rights, and, in Connection Therewith, Making an Appropriation, by Rep. Lori Saine and Sen. Lois Tochtrop. The bill requires the custodian of records to release certain records to relinquishing birth parents at the time of relinquishment.
  • HB 14-1372 – Concerning Unauthorized Advertising for Adoption Purposes, by Reps. Kathleen Conti & Beth McCann and Sen. Vicki Marble. The bill prohibits advertising through a public medium for purposes of facilitating adoptions.

Monday, May 26, 2014

  • HB 14-1205 – Concerning the Veterans Assistance Grant Program, by Rep. Su Ryden and Sen. Larry Crowder. The bill creates the Veterans Assistance Grant Program, which will provide financial assistance to nonprofit organizations and governmental agencies providing services to improve the health and well-being of veterans in the state.
  • HB 14-1373 – Concerning Individuals Who May Claim the Property Tax Exemption for Qualifying Seniors and Disabled Veterans, by Reps. Steve Lebsock & Ray Scott and Sens. Larry Crowder & Rachel Zenzinger. The bill allows certain individuals to claim a property tax exemption when those individuals would not ordinarily be allowed to claim the exemption.

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

Bills Regarding Provision of Social Workers for Juveniles, Annual Reports for Public Benefit Corporations, and More Signed

Governor Hickenlooper continues to sign legislation that cleared both houses this 2014 Legislative Session. He signed bills on Wednesday, May 14, 2014; Thursday, May 15; Friday, May 16; and Saturday, May 17. To date, he has signed 248 bills and vetoed two. Some of the bills signed each day last week are summarized here.

Wednesday, May 14, 2014

  • SB 14-164Concerning Aerial Firefighting Efforts Through the Division of Fire Prevention and Control in the Department of Public Safety, and, in Connection Therewith, Implementing Recommendations Made by the Division Regarding the Colorado Firefighting Air Corps, by Sens. Morgan Carroll & Steve King and Reps. Bob Gardner & Mike McLachlan. The bill directs the Division of Fire Prevention to maximize its aerial firefighting capabilities.
  • HB 14-1010 – Concerning Corrections to Statutory Provisions Relating to the Prescribed Burning Program Administered by the Division of Fire Prevention and Control in the Department of Public Safety, by Rep. Millie Hamner and Sen. George Rivera. The bill renames “prescribed burn manager” as “certified burner” and removes persons with this credential from the list of persons who may attend a prescribed burn in a supervisory role.
  • HB 14-1023 – Concerning the Provision of Social Workers to Juveniles, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Pete Lee and Sen. Jessie Ulibarri. The bill allows
    the Office of the State Public Defender to hire social workers to assist in juvenile defense cases, and specifies that any reports generated are to be considered evidence in the case.

Thursday, May 15, 2014

  • SB 14-073 – Concerning the State Income Tax Credit for the Environmental Remediation of Contaminated Land in the State, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Cheri Jahn and Rep. Cheri Gerou. The bill creates an income tax credit for individuals, organizations, and “qualified entities” that perform any approved environmental remediation of contaminated property.
  • SB 14-092 – Concerning the Creation of the Crime of Insurance Fraud, and, in Connection Therewith, Making an Appropriation, by Sen. George Rivera and Rep. Angela Williams. The bill classifies insurance fraud as a crime and identifies fraudulent actions for insurance claimants, agents, and brokers.
  • SB 14-156 – Concerning a Requirement that a Public Benefit Corporation file an Annual Report, by Sens. John Kefalas & Rollie Heath and Rep. Pete Lee. The bill requires Public Benefit Corporations to file annual reports that discuss the ways in which the corporation has promoted its specified public benefits and that assess its overall social and environmental performance against a third-party standard.
  • HB 14-1044 – Concerning Consequences for a Parolee who Tampers with an Electronic Monitoring Device that the Parolee is Required to Wear as a Condition of Parole, by Rep. Timothy Dore and Sen. Lois Tochtrop. The bill provides that if a parolee tampers with an electronic monitoring device, he or she is subject to immediate warrantless arrest.
  • HB 14-1144 – Concerning Measures to Improve the Performance of District Attorneys, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Bob Gardner and Sen. Mike Johnston. The bill provides for cost-sharing of salaries for entry-level deputy district attorneys.
  • HB 14-1347 – Concerning Statutorily Established Time Periods that are Multiples of Seven Days, by Rep. Lois Court and Sen. Linda Newell. The bill continues to revise statutes so that statutorily established time periods conform to the “rule of seven.”
  • HB 14-1353 – Concerning Powers of Appointment, by Rep. Bob Gardner and Sen. Mike Johnston. The bill creates the Uniform Powers of Appointment Act (act), as recommended by the Colorado Commission on Uniform State Laws.

Friday, May 16, 2014

  • SB 14-011 – Concerning the Colorado Energy Research Authority, by Sen. Rollie Heath and Rep. Dickey Lee Hullinghorst. The bill changes the name of the Colorado Renewable Research Authority to the Colorado
    Energy Research Authority and creates a cash fund.
  • HB 14-1005 – Concerning Clarification of the Requirements Applicable to a Change of Point of Water Diversion, by Reps. Jerry Sonnenberg & Dave Young and Sens. Kevin Lundberg & John Kefalas. The bill clarifies that if a ditch owner relocates a headgate to a new surface point of diversion, as long as the relocation does not physically interfere with the complete use of or enjoyment of other water rights, the owner does not need to file a change of water right application.

Saturday, May 17, 2014

  • HB 14-1001 – Concerning the Creation of a Property Tax Reimbursement for a Taxpayer that Owes Property Tax on Property that has been Destroyed by a Natural Cause, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Jonathan Singer and Sen. Jeanne Nicholson. The bill creates a reimbursement program for property taxes paid on a property that has been destroyed by a natural disaster.
  • HB 14-1159 – Concerning a State Sales and Use Tax Exemption for Components used in Biogas Production Systems, by Reps. Angela Young & Timothy Dore and Sens. Gail Schwartz & Larry Crowder. The bill creates a sales and use tax exemption for equipment used to capture biogas to be used as a renewable natural gas or the equipment used to turn biogas into electricity.
  • HB 14-1281 – Concerning the Allowance for Terminally Ill Patients to have Access to Investigational Products that have not been Approved by the Federal Food and Drug Administration that Other Patients have Access to when they Participate in Clinical Trials, by Reps. Joann Ginal & Janak Joshi and Sens. George Rivera & Irene Aguilar. The bill allows terminally ill patients to have access to experimental drugs without participating in a clinical trial.
  • HB 14-1349 – Concerning the Creation of an Exemption from Property Taxes for Qualifying Business Entities Controlled by Nonprofit Organizations that are Formed for the Purpose of Qualifying for Federal Tax Credits, by Reps. Dickey Lee Hullinghorst & Brian DelGrosso and Sen. Rollie Heath. The bill broadens eligibility for nonprofits for federal tax credits to LLCs and limited partnerships.

For a list of Governor Hickenlooper’s 2014 legislative decisions, click here.