July 29, 2014

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 14-023Concerning 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 14-041Concerning 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 14-214Concerning 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 14-172Concerning 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 14-213Concerning 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 14-1214Concerning 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 14-1228Concerning 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 14-1260Concerning 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 14-1279Concerning 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 14-1383Concerning 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 14-1375Concerning 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 14-1269Concerning 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 14-1280Concerning 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 14-1321Concerning 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 14-1333Concerning 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 14-1343Concerning 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 14-1356Concerning 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 14-1362Concerning 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 14-1387Concerning 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 14-1390Concerning 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 14-1398Concerning 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 14-021Concerning 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 14-064Concerning 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 14-117Concerning 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 14-129Concerning 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 14-193Concerning 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 14-215Concerning 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 14-005Concerning 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 14-190Concerning 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 14-201Concerning 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 14-203Concerning 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 14-1273Concerning 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 14-1080Concerning 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 14-1119Concerning 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 14-1222Concerning 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 14-1030Concerning 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 14-1275Concerning 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 14-1303Concerning 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 14-1278Concerning 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 14-1323Concerning 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 14-1322Concerning 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 14-1363Concerning 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 14-1379Concerning 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 14-184Concerning 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 14-191Concerning 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 14-206Concerning 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 14-1156Concerning 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 14-1301Concerning 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 14-173Concerning 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 14-174Concerning 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 14-1178Concerning 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 14-155Concerning 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 14-1032Concerning 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 14-1288Concerning 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 14-1361Concerning 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 14-1366Concerning 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 14-051Concerning 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 14-118Concerning 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 14-1042Concerning 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 14-1372Concerning 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 14-1205Concerning 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 14-1373Concerning 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 14-1010Concerning 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 14-1023Concerning 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 14-073Concerning 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 14-092Concerning 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 14-156Concerning 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 14-1044Concerning 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 14-1144Concerning 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 14-1347Concerning 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 14-1353Concerning 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 14-011Concerning 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 14-1005Concerning 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 14-1001Concerning 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 14-1159Concerning 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 14-1281Concerning 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 14-1349Concerning 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.

Bills Regarding Recall Elections, Foreclosure Cure Funds, Protecting Rape Victims, and More Signed

The 2014 Legislative Session ended last Wednesday, but Governor Hickenlooper continues to sign legislation that passed through both houses this term. To date, the governor has signed 190 bills and vetoed two. He is expected to sign several more bills in the coming days and weeks. Summaries of bills signed on Friday, May 9, 2014 and Monday, May 12, 2014 are provided here.

Friday, May 9, 2014

  • HB 14-1327Concerning Measures to Expand the Deployment of Communication Networks and, in Connection Therewith, Enacting the “Broadband Deployment Act” and Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Mark Scheffel & Lois Tochtrop. The bill, highly praised by the governor, sets statewide policy regarding deployment of broadband technology.
  • SB 14-158Concerning the Harmonization of Statutory Recall Election Provisions with the Recall Provisions in the State Constitution to Reflect the Manner in which Contemporary Elections are Conducted, and, in Connection Therewith, Aligning Circular Regulation and Petition Requirements with Initiative and Referendum Circulator and Petition Requirements, by Sens. Pat Steadman & Matt Jones and Rep. Dickey Lee Hullinghorst. The bill eliminates certain conflicts between the state and federal constitutions regarding recall elections and makes changes to the procedure for recall elections.
  • SB 14-160Concerning Removing Limitations on a Transitional Living Program for a Person with a Brain Injury, by Sen. Linda Newell and Rep. Dianne Primavera. Currently, Medicaid waiver recipients with traumatic brain injury can receive transitional living services for 6 to 12 months. The bill removes the time limit for the services.
  • SB 14-161Concerning the Modernization of Provisions of the “Uniform Election Code of 1992″ that Ensure Voter Access for Eligible Electors and, in Connection Therewith, Reducing the Deadline by which a Voter Registration Application Must be Submitted via Certain Methods, Altering Procedures Pertaining to National Change-of-Address Searches, Allowing Emergency Ballots to be Obtained for Nonmedical Reasons, Amending Provisions Relating to Military and Overseas Voters, Increasing the Penalty for Providing False Residential Information, Making the Aiding or Abetting the Provision of False Residential Information a New Felony Offense, and Making and Reducing Appropriations, by Sens. Jessie Ulibarri & Mike Johnston and Rep. Dickey Lee Hullinghorst. The bill makes several changes to the state’s Uniform Election Code of 1992.
  • SB 14-165Concerning the Percentage at Which to Rate the Student Academic Growth Standard for the Purpose of Licensed Personnel Performance Evaluations in the 2014-15 Academic Year, by Sens. Mike Johnston & Andy Kerr and Reps. Carole Murray & Cherylin Peniston. The bill allows a local school board to determine what percentage, if any, of a teacher’s performance evaluation must be based on student academic growth.
  • HB 14-1034Concerning the Creation of a Wine Packaging Permit to Allow Certain Alcohol Beverage Licensees to Package Wine Produced by Another Manufacturer, and, in Connection Therewith, Making an Appropriation, by Rep. Angela Williams and Sen. Cheri Jahn. The bill allows licensed wineries to package wine produced by other wineries.
  • HB 14-1061Concerning Sentences Imposing Monetary Payments in Criminal Actions and, in Connection Therewith, Eliminating Prison Sentences for Persons who are Unable to Pay Criminal Monetary Penalties, by Rep. Joseph Salazar and Sen. Lucia Guzman. The bill changes procedures for criminal defendants who fail to pay monetary fines.
  • HB 14-1095Concerning the Colorado Bureau of Investigation’s Authority to Investigate Computer Crime, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Bob Gardner and Sen. Linda Newell. The bill authorizes the CBI to investigate cyber crime.
  • HB 14-1101Concerning a Partial Business Personal Property Tax Exemption for Community Solar Gardens, by Rep. Max Tyler and Sen. Gail Schwartz. Beginning in 2015, the bill exempts electricity generated by a community solar garden from property tax.
  • HB 14-1130Concerning the Disposition of Moneys Charged to Borrowers for Costs to be Paid in Connection with Foreclosure, by Rep. Beth McCann and Sen. Jessie Ulibarri. The bill establishes procedures for handling cure statements in foreclosure and directs that overpayments of funds paid to cure a debt in foreclosure must be returned to the borrower.
  • HB 14-1162Concerning Protection of the Victim of a Sexual Assault in Cases where a Child was Conceived as a Result of the Sexual Assault, and, in Connection Therewith, Making Legislative Changes in Response to the Study by and the Report of the Recommendations from the Task Force on Children Conceived Through Rape, by Rep. Lois Landgraf and Sen. Morgan Carroll. The bill adds several protections for victims of sexual assault who conceive children as a result of the assault, including allowing termination of the aggressor’s parent-child relationship even when no conviction occurred and requires victims and children to be referred to by their initials in termination proceedings.
  • HB 14-1181Concerning the Sunset Review of the Nurse-Physician Advisory Task Force for Colorado Health Care and, in Connection Therewith, Continuing the Task Force Through September 1, 2020, by Rep. Sue Schafer and Sen. John Kefalas. The bill repeals the sunset of the Nurse Physician Advisory Task Force, which evaluates the medication prescribing authority of nurse practitioners.
  • HB 14-1266Concerning the Penalties for Certain Value-Based Offenses, and, In Connection Therewith, Reducing an Appropriation, by Reps. Beth McCann & Bob Gardner and Sens. Linda Newell & Steve King. The bill makes adjustments to the penalties of certain value-based crimes, such as criminal mischief, fraud by check, and others.
  • HB 14-1284Concerning Registration with the Department of Revenue of Distinguished License Plates Issued to Members of the Colorado General Assembly, by Reps. Max Tyler & Don Coram and Sens. Nancy Todd & Larry Crowder. The bill proscribes procedures for the Department of Revenue to use when issuing legislative license plates.
  • HB 14-1290Concerning an Addition to the Definition of “Other Outlet” to Enable the Operation of a Remotely Located Telepharmacy Outlet, by Rep. KC Becker and Sen. Ellen Roberts. The bill allows telepharmacy practices for patients who communicate remotely with pharmacy outlets and specifies rules related to telepharmacy practices.
  • HB 14-1291Concerning Authorizing a Charter School to Employ a School Security Officer by Contract to Carry a Concealed Handgun if the Person has a Valid Conceal Carry Permit, by Reps. Mike McLachlan & Stephen Humphrey and Sens. Scott Renfroe & Lois Tochtrop. The bill allows charter schools to employ armed security officers.
  • HB 14-1295Concerning Residential Mortgage Foreclosures, and, in Connection Therewith, Requiring a Single Point of Contact and Prohibiting Dual Tracking, by Rep. Beth McCann and Sen. Jessie Ulibarri. The bill, which generally applies to servicers of mortgage loans, amends residential foreclosure statutes.
  • HB 14-1307Concerning the Recategorization of Mineral County for the Purpose of Statutory Provisions Fixing the Salaries of County Officers, by Rep. Edward Vigil and Sen. Larry Crowder. The bill reclassifies Mineral County for the purpose of establishing salaries for certain officials.
  • HB 14-1312Concerning Efforts to Reduce the Number of Foreclosures in Colorado, and, In Connection Therewith, Continuing the Foreclosure Deferment Program, by Rep. Angela Williams and Sen. Jessie Ulibarri. The bill extends the Foreclosure Deferment Program until September 1, 2015.
  • HB 14-1319Concerning the Creation of an Outcomes-Based Funding Model for Higher Education, and, in Connection Therewith, Making and Reducing Appropriations, by Reps. Mark Ferrandino & Chris Holbert and Sens. Kent Lambert & Nancy Todd. The bill creates a new mechanism for allocating state funds to institutions of higher education.
  • HB 14-1329Concerning the Exemption of Certain Internet-Protocol-Enabled Services from Oversight by the Public Utilities Commission, and, in Connection Therewith, Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Andy Kerr & Mark Scheffel. The bill deregulates certain telecommunications products, including voice-over-internet-protocol, most long distance services, certain operator services, and more.
  • HB 14-1330Concerning an Update of Telecommunications Terminology for Intrastate Telecommuncations Services, by Rep. Angela Williams and Sen. Lois Tochtrop. The bill amends statutory terms used in telecommunications regulation.
  • HB 14-1331Concerning the Regulation of Basic Local Exchange Service as it Affects Effective Competition, and, in Connection Therewith, Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Jeanne Nicholson & Andy Kerr. The bill modifies the statutory framework for regulation of local phone service.
  • HB 14-1345Concerning Authority for the Department of Higher Education to Transfer Moneys Allocated to the Governing Board of an Institution of Higher Education Between the Governing Board’s Spending Authority for College Opportunity Stipends as a Result of Increases or Decreases in Student Enrollment at the Institution of Higher Education, by the Joint Budget Committee. The bill allows the Department of Higher Education to make certain limited monetary transfers.
  • HB 14-1354Concerning the Ability of a County Clerk and Recorder to Seek Judicial Review of Final Action by the Secretary of State Relating to Elections, by Reps. John Buckner & Bob Gardner and Sens. Irene Aguilar & Larry Crowder. The bill allows a county clerk and recorder to seek judicial review in district court of certain Secretary of State actions related to elections.

May 12, 2014

  • HB 14-1008Concerning the Authorization of the Colorado Water Resources and Power Development Authority to Make Loans to Private Entities for Purposes of Forest Health Projects, by Rep. Millie Hamner and Sen. Gail Schwartz. The bill, recommended by the Wildlife Matters Review Committee, allows the Colorado Water Resources and Power Development Authority to make loans to private entities for forest health projects.
  • HB 14-1010Concerning 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 changes naming of “prescribed burn managers” to “certified burners” and removes certified burners from the list of people who can be in supervisory roles at prescribed burns.
  • 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 and Control to maximize its aerial firefighting capacity.

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

e-Legislative Report: May 12, 2014

Special Issue: End of the 2014 Legislative Session

Just a quick note to readers that the 2nd Regular Session of the 69th General Assembly came to a close on Wednesday, May 7. Please look for “Legislative Highlights” in the July issue of The Colorado Lawyer. In addition, The Colorado Lawyer August issue will contain the “2014 Legislative Update.”

My thanks to all who subscribe to the e-legislative newsletter. We hope that the updates have been useful to you throughout the 2014 legislative session.

Thankfully, for the CBA the year was quite successful. Our sponsored legislation has been approved by the legislature and is either on its way to the governor or has already been signed by him. 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.

The Legislative Policy Committee (LPC) and in particular the committee chairman and CBA President Terry Ruckriegle, must 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 monthly to reflect on the session just concluded and to prepare for the session that is always around the corner.

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.

Our contract lobbyist, Amy Redfern and our lobby 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 e-legislative newsletter published each week, but for her help in making the format attractive to readers.

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!

SB 14-223: Authorizing Payment of Claims Arising from Lower North Fork Wildfire

On May 1, 2014, Sen. Jeanne Nicholson introduced SB 14-223 – Concerning the Payment by the State of Legal Claims Arising in Connection with the Lower North Fork Wildfire, and, in Connection Therewith, Making and Reducing Appropriations. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the state claims board (board) to compromise or settle claims brought by certain claimants who have suffered damages or other losses in connection with the lower north fork wildfire (wildfire) in March 2012 to reimburse them for their economic and noneconomic losses as well as interest on such amounts. The bill specifies that the total amount of the moneys paid to each claimant reflects the amount of money in excess of the liability limitations under current law for which the board recommended the claimant recover, any additional damages that the arbiters recommended the state pay these claimants in pending state court litigation, and interest on such amounts.

Upon approval by the board of the payments of the total claims, the office of the state controller is required to make payment to the claimants from the general fund no later than September 1, 2014.

In accepting the payment, a claimant agrees to release the state from any future claims arising out of the wildfire.

The bill specifies the total amount to be paid to each claimant by the state.

On May 2 the Appropriations Committee amended the bill and sent it to the Senate floor for 2nd Reading. On Special Orders on May 2, the bill passed 2nd reading with amendments.

Since this summary, the bill passed the Senate on Third Reading, with amendments. The bill was introduced in the House and assigned to the Judiciary Committee. The Judiciary Committee referred the bill, unamended, to the Appropriations Committee, which referred the bill, unamended, to the House Committee of the Whole. The bill passed Second Reading in the House with amendments and Third Reading with no amendments. The Senate did not concur in the House amendments, and a conference committee was requested. Both the House and Senate adopted the conference committee report and repassed the bill.

SB 14-222: Limiting the Duration of a License to Use a Registration Number When Auctioned to Raise Money for the Disability-Benefit Support Fund

On May 1, 2014, Sen. Irene Aguilar introduced SB 14-222 – Concerning the Duration of a License to Use a Registration Number When Auctioned to Raise Money for the Disability-Benefit Support Fund. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill changes the duration of a license to use a registration number purchased at auction from perpetual to a limited time determined by the license plate auction group.

On May 2, the Health & Human Services Committee approved the bill and sent it to the full Senate for consideration on 2nd Reading.

Since this summary, the bill passed the Senate on Second and Third Readings with no amendments. It was introduced in the House and assigned to the Committee on Health, Insurance, & Environment, which referred the bill, unamended, to the House Committee of the Whole. The bill passed the House on Second and Third Readings with no amendments.

SB 14-220: Requiring Mediation or Arbitration of Construction Defect Claims Where Required by Owners’ Association Governing Documents

On April 30, 2014, Sen. Jessie Ulibarri introduced SB 14-220 – Concerning Prerequisites to the Authority of a Unit Owners’ Association to Pursue Resolution of Disputes Involving Construction Defects. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill states that when the declaration, bylaws, or rules of a common interest community require mediation or arbitration of construction defect claims and the requirement is later removed, mediation or arbitration is still required for a construction defect claim based on an alleged act or omission that occurred when the mediation or arbitration requirement was in place. Section 1 also specifies that the arbitration must take place in the judicial district in which the community is located and that the arbitrator must:

  • Be a neutral third party;
  • Make certain disclosures before being selected; and
  • Be selected as specified in the community’s governing documents if possible or, if that is not possible, in accordance with the uniform arbitration act.

The bill adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community’s governing documents may require binding arbitration of certain disputes.

The bill requires that before a construction defect lawsuit is filed on behalf of the association, the executive board of the association must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the litigation, and must obtain the written consent of a majority of the unit owners.

The bill is assigned to the State, Veterans & Military Affairs and the Judiciary Committees; the State Affairs Committee will take up the bill first at 1:30 p.m. on Monday, May 5.

Since this summary, State, Veterans & Military Affairs Committee referred the bill, unamended, to the Judiciary Committee, which voted to postpone the bill indefinitely.

SB 14-215: Specifying the Disposition of Moneys Collected by the State in Connection with the Marijuana Industry

On April 28, 2014, Sen. Pat Steadman introduced 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. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Joint Budget Committee

The bill specifies the cash fund into which the moneys collected by the state in connection with the retail marijuana industry will be deposited and determines the disposition of such moneys received by the state during the 2013–14 state fiscal year.

Beginning July 1, 2014, the bill requires all retail marijuana excise tax revenues, all retail marijuana sales tax revenues, and all marijuana state sales tax revenues to be deposited in the marijuana tax cash fund, which the bill creates in the state treasury. The bill requires the state treasurer to transfer all moneys in the marijuana cash fund on July 1, 2014, that are attributable to retail marijuana excise tax revenues, retail marijuana sales tax revenues, and marijuana state sales tax revenues to the marijuana tax cash fund. All moneys attributable to fees will remain in the marijuana cash fund and will continue to be deposited in the marijuana cash fund.

The bill modifies the authorized uses of the moneys in the marijuana cash fund. Beginning July 1, 2014, the general assembly may appropriate the moneys in the marijuana cash fund only to the department of revenue for the costs associated with the regulation, control, and taxation of medical and retail marijuana.

Marijuana tax cash fund. The bill specifies that the general assembly may appropriate the moneys in the newly created marijuana tax cash fund for specified purposes, including the purposes that were eliminated from the currently existing marijuana cash fund.

The bill prohibits the general assembly from appropriating the moneys in the marijuana tax cash fund until the fiscal year following the fiscal year in which the moneys were received by the state; except that the general assembly may appropriate moneys in the marijuana tax cash fund to the department of revenue in the fiscal years in which they were received by the state for the costs associated with the regulation, control, and taxation of medical and retail marijuana.

The remaining moneys in the marijuana tax cash fund are subject to annual appropriation by the general assembly, initially based on the most recent revenue estimate, in the fiscal year following the fiscal year in which they were received by the state. The general assembly may also direct the state treasurer to make transfers from the marijuana tax cash fund to the general fund for specific purposes.

The governor is required to include the governor’s requested expenditures of moneys in the marijuana tax cash fund and the purposes of such expenditures in the governor’s budget request submitted to the joint budget committee each November. In addition, the executive director of the department of revenue is required to include in its budget request submitted to the joint budget committee in November of each year the amount that the department requests from the moneys in the marijuana cash fund and from the marijuana tax cash fund for the costs associated with the regulation, control, and taxation of medical and retail marijuana.

Beginning with appropriations made for the 2015–16 state fiscal year, the total amount that the general assembly appropriates from the fund shall not exceed 93.5% of the amount of moneys in the fund available for appropriation.

The bill delineates the permissible purposes for which the general assembly may appropriate moneys in the marijuana tax cash fund.

The bill makes changes to the 2014 general appropriation bill that are required due to the transfer of moneys from the marijuana cash fund to the marijuana tax cash fund.

The bill passed the Health & Human Services and Appropriations Committees on April 30 and May 1 respectively. On May 2, the bill passed the 2nd Reading Consent Calendar in the Senate.

Since this summary, the bill passed the Senate on Third Reading, with amendments. It was introduced in the House and assigned to the Committee on Health, Insurance & Environment. The Committee on Health, Insurance & Environment referred the bill, amended, to the Appropriations Committee, which referred it, amended, to the House Committee of the Whole. The bill passed on Second Reading with amendments and on Third Reading with no amendments. The Senate repassed the bill with the House amendments.

SB 14-213: Increasing Statutes of Limitations for Civil and Criminal Proceedings Against a Person Who Leaves Scene of Vehicular Homicide Accident

On April 24, 2014, Sen. Michael Johnston introduced SB 14-213 – Concerning Increasing the Statutes of Limitations for Commencing Proceedings 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. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In current law, the statute of limitations for bringing a criminal proceeding against a person who commits vehicular homicide is five years. For offenders who also leave the scene of the accident, the bill changes this limit to 10 years.

In current law, the statute of limitations for bringing a civil suit for wrongful death is two years. The bill changes this limit to four years for a wrongful-death suit against a defendant who committed vehicular homicide and, as part of the same criminal episode, committed the offense of leaving the scene of an accident that resulted in the death of a person.

Five years after the bill becomes law, the legislative service agencies shall conduct a post-enactment review of the implementation of the bill and report their conclusions to the judiciary committees of the house of representatives and senate, or any successor committees.

On April 30 the Judiciary Committee approved the bill and sent it to the Appropriations Committee. The Appropriations Committee approved the bill on May 11. The bill cleared 2nd Reading in the Senate on Friday, May 2.

Since this summary, the bill passed the Senate on Third Reading with no amendments. It was introduced in the House, where it was assigned to the Judiciary Committee. The Judiciary Committee referred the bill, unamended, to the Appropriations Committee, which referred it, unamended to the House Committee of the Whole. The bill passed the House on Second and Third Readings with no amendments.

HB 14-1398: Creating a New Class of Financial Institutions for Marijuana Businesses

On April 30, 2014, Rep. Jonathan Singer and Sen. Pat Steadman introduced HB 14-1398 - Concerning the Provision of Financial Services to Licensed Marijuana Businesses, and, in Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Because marijuana is illegal under federal law, financial institutions are reluctant to serve state-licensed marijuana businesses. These businesses therefore currently operate almost entirely on a cash-only basis, which raises their costs and increases the risk of crime, among other things.

The bill enacts the “Marijuana Financial Services Cooperatives Act.” Marijuana financial services cooperatives (referred to as “cannabis credit co-ops”) are a type of financial services entity, membership in which is restricted to entities that are licensed to own or operate a marijuana business. Cannabis credit co-ops are subject to regulation by the state commissioner of financial services in a manner similar to that of credit unions, with the following differences:

  • The commissioner has 60 days after the filing of an application for a charter to determine whether the application meets the applicable requirements;
  • The incorporators of the co-op must provide the commissioner with written evidence of approval by the federal reserve bank for access by the co-op to the federal reserve system;
  • The commissioner cannot allow more than 10 charters for Cannabis credit co-ops to be outstanding at any one time;
  • The commissioner must examine cannabis credit co-ops at least once every six months; and
  • Once a member no longer owns or operates a licensed marijuana business, the member is no longer qualified to be a member of a co-op.

A cannabis credit co-op:

The bill gives the court of appeals jurisdiction to review certain of the commissioner’s actions. The bill sunsets the regulation of cannabis credit co-ops on September 1, 2020.

The bill has been approve by the Business, Labor, Economic, & Workforce Development, Finance, and Appropriations Committees in the House On May 2, the House passed the bill, as amended, on 2nd Reading Refer Amended to Finance.

  • Cannot refer to itself as a “credit union” or “bank;”
  • Does not need to acquire and maintain deposit insurance;
  • Is subject to taxation; and
  • Is specifically required to comply with federal requirements relating to marijuana businesses and their proceeds and to file reports with the commissioner regarding its federal law compliance and compliance with federal guidance.

Since this summary, the bill passed through the Senate Finance Committee and was referred to Appropriations, where it also passed. The bill passed 2nd Reading in the full Senate with amendments. It also passed 3rd Reading in the Senate, where it was also amended. The bill went back to the House for consideration of the Senate amendments. The first consideration in the House was to not concur with the Senate changes, and a committee conference was requested. The committee conferred, and the bill went back to the House floor, where the changes were accepted.