February 4, 2012

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HB 12-1047: Waiving Non-Safety Licensing Standards for Kinship Foster Care

February 2, 2012 By Leave a Comment

On January 11, 2012, Rep. John Kefalas and Sen. Linda Newall introduced HB 12-1047 – Concerning the Waiver of Non-Safety Licensing Standards for Kinship Foster Care. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill allows a county directory of social services, or his or her designee, to waive certain non-safety licensing standards for kinship foster care if certain conditions are met and to limit or restrict a license for kinship foster care. The state board of human services is directed to promulgate rules to define “kinship foster care” and for the waiver of certain non-safety licensing standards for kinship foster care.

Summaries of other featured bills can be found here.

 

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HB 12-1044: Creating a Technology Transfer Grant Program in the Office of Economic Development and International Trade

February 2, 2012 By Leave a Comment

On January 11, 2012, Rep. Mark Ferrandino introduced HB 12-1044 – Concerning the Creation of the Start-Up Colorado Technology Transfer Grant Program. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The establishes the start-up Colorado technology transfer grant program. The purpose of the program is provide grants of up to $750,000 to offices of technology transfer to help further the commercialization of technology projects and discoveries in Colorado, which will, in turn, lead to the creation of Colorado jobs. The start-up Colorado technology transfer cash fund, not to exceed $5 million, is also created. The program is repealed, effective July 1, 2015.

Since this summary, the House Committee on Economic and Business Development amended the bill and referred it to Appropriations.

Summaries of other featured bills can be found here.

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HB 12-1042: Proposed Income Tax Credit for Estate Tax on Agricultural Land

February 2, 2012 By Leave a Comment

On January 11, 2012, Rep. Sal Pace introduced HB 12-1042 – Concerning a State Income Tax Credit Related to the Portion of the Colorado Estate Taxes Paid that are Attributable to Agricultural Land. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes an income tax credit for a person who inherits agricultural land located within the state that is equal to the portion of Colorado estate taxes attributable to the transfer of the land. The tax credit is subject to the following requirements:

  • If more than one person inherits the land, the credit is apportioned among all beneficiaries;
  • If the credit exceeds the income taxes owed, the excess is refundable to the taxpayer; and
  • If the land is reclassified in the 10 years after the credit is claimed, the taxpayer is required to repay the credit, with interest, to the state as part of an amended income tax return.

Summaries of other featured bills can be found here.

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HB 12-1041: Creation of an Electronic Death Registration System for the Department of Public Health and Environment

February 2, 2012 By Leave a Comment

On January 11, 2012, Rep. Jeanne Labuda and Sen. Lucia Guzman introduced HB 12-1041 – Concerning the Creation of an Electronic Death Registration System in the Department of Public Health and Environment. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the department of public health and environment to create an electronic death registration system for purposes of allowing persons responsible for reporting death information to the office of the state registrar of vital statistics to do so electronically.

Since this summary, the House Committee on Health and Environment amended the bill and referred it to Finance.

Summaries of other featured bills can be found here.

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HB 12-1036: Clarifying the Investigative Files Exemption to the Colorado Open Records Act

February 2, 2012 By Leave a Comment

On January 11, 2012, Rep. James Kerr introduced HB 12-1036 – Concerning Clarification of the Exemption from the”Colorado Open Records Act” for Investigative Files. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill clarifies that the current exemption from the “Colorado Open Records Act” for investigative files applies to those files compiled for any civil, administrative, or criminal law enforcement purpose.

Summaries of other featured bills can be found here.

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Governor Hickenlooper Signs First Bill of 2012 Legislative Session

January 31, 2012 By Leave a Comment

On Monday, January 30, 2012, Governor John Hickenlooper signed SB 12-014, the first bill to emerge from the 2012 General Assembly, into law.

  • SB 12-014
    • Sponsored by Sens. Bacon, Roberts,  and Morse and Reps. Levy and B. Gardner. The law moves the date for candidates, committees, and political parties to begin filing biweekly campaign finance disclosure reports from the first Monday in July to the first Monday in May.
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e-Legislative Report: Week Three, January 30, 2012

January 31, 2012 By Leave a Comment

The latest Legislative Video Update recaps Military Day at the Capitol and Phase 2 of the SMART Act. Additionally, it reviews which bills the Legislative Policy Committee moved to support during their January 27 meeting.

Military Day at the Capitol

The Senate and House honored Colorado veterans on Monday with what is affectionately called “Military Day at the Capitol.” Both Houses take time to celebrate service men and women, active and retired, through several joint resolutions. The presentations are a welcome relief from the day to day operations at the Capitol and an appropriate way to say “Thank You” to our veterans. Here is a list of the resolutions:

  • Concerning recognition of Military, Veterans, and MIA/POW Appreciation Day.
  • Concerning recognition of military personnel from Colorado who died during specific military conflicts, including those killed after September 11, 2001, during the War on Terrorism, including but not limited to those killed in Afghanistan and Iraq.
  • Concerning the U.S.S. Pueblo.
  • Concerning the designation of Interstate 70 across Colorado as part of a nationwide system of “Tuskegee Airmen Memorial Trails”.

The presentations are a welcome relief from the day to day operations at the Capitol and an appropriate way to say “Thank You” to our veterans.

SMART Act

Again, the floor was light and the committees of reference were busily working through Phase 2 of the SMART Act review process. In case you missed last week, HB 10-119, or the State Measurements for Accountable, Responsive, and Transparent (SMART) Government Act, was adopted in 2010 and part of the act requires departments of state government to suggest improved efficiency or administration through line item consolidation in the budget bill. The presentations to the committees of reference include information about:

  • The departments’ strategic plan;
  • A review of the departments’ performance-based goals and measures; and
  • A report on actual outcomes.

Phase 2 of the meetings with the committees of reference call for the committees to recommend or vote their support for the various budget priority requests from the departments they oversee; e.g. Judiciary Committees oversee the Judicial Branch (Judicial Branch, Public Defender, Alternate Defense Counsel, Office of Child Representative), Department of Corrections, and the Department of Public Safety. The committees met to discuss recommendations and votes but this process is new and the kinks are being worked out. We are hoping for a comprehensive statement from each committee detailing their votes and recommendations to the Joint Budget Committee (JBC).

As the legislature moves to the fourth week of the session, the committee calendars are starting to look like they are in midsession form in terms of workload.

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy-making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association.

At the January 27 meeting of the LPC, the Committee voted to adopt as Bar Sponsored legislation a proposal from the Trust and Estate Section. The proposal is designed to put “guard rails” around the search a personal representative, trustee or their legal counsel is required to undertake when searching for a filed Designated Beneficiary Agreement (DBA). To be effective, DBAs are filed with a clerk and recorder where one of the parties is domiciled. When the law was passed in 2009 the law was silent on the duty to search for a filed DBA; as a consequence, the fiduciary or their attorney could conceivably be required to search all 64 counties in Colorado. The Trust and Estate section is seeking to limit the number of counties being searched and to limit the time frame to make the search. This situation arises when there isn’t actual knowledge of the existence of a DBA.

The LPC also voted to support the study committee or Task Force on Abuse of the Elderly that is contemplated in SB 12-078, Protection of At-Risk Adults. The sponsor of the bill is searching ultimately for a way to move the reporting of elder abuse from the current state of “urge” to “mandatory” reporting. The fiscal impact for such a change has moved the focus from a substantive change in this legislation to finding solutions through the Task Force process.

Click here for the full e-Legislative Report.

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SB 12-022: Requiring Counties to Continue Child Care Assistance after Person Exceeds Income Eligibility for Assistance

January 30, 2012 By Leave a Comment

On January 11, 2012, Sen. S. Williams and Rep. Massey introduced SB 12-022 – Concerning maintaining child care assistance for working families. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under the current law, when a person receiving child care assistance under the Colorado child care assistance program (CCCAP) is ineligible due to exceeding the income eligibility level adopted by the county department of social services, the county department is strongly encouraged to continue providing child care assistance for 6 months and to work with the person to provide a gradual transition off of the child care assistance. This bill eliminates that permissive 6-month option when a person’s income exceeds the county-adopted eligibility level and requires that the county continue to provide child care assistance to the person for a period of 2 years while the person pays a series of incremental increases in the portion of the parental share of the child care.

The bill requires the state board of human services to adopt rules establishing a formula for the scheduled increases in the parental share based on income and on the cost of child care with the goal of the parent becoming more self-sufficient, maintaining stable employment, and taking on more of the cost of child care over the 2-year period. A family that receives child care assistance during the extended 2-year period is required to report any income changes during the 2-year period and is subject to a redetermination of eligibility after the first 12 months.

Summaries of other featured bills can be found here.

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SB 12-020: Granting Immunity for Certain Crimes when Person Reports Emergency Overdose in Good Faith

January 30, 2012 By Leave a Comment

On January 11, 2012, Sen. Aguilar and Rep. Summers introduced SB 12-020 – Concerning immunity from certain criminal offenses when a person reports in good faith an emergency drug or alcohol overdose event. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

A person and one or two other persons acting in concert with the person are immune from arrest and criminal prosecution for any of the following offenses if the offense arises from the same criminal episode or course of events from which an emergency drug or alcohol overdose event arose; the person reports the event in good faith to a law enforcement agency or to the 911 system; the person and, if applicable, one or two other persons remain at the scene of the event until a law enforcement officer or an emergency medical responder arrives; and the person and, if applicable, one or two other persons identify themselves to, and cooperate with, the law enforcement officer or emergency medical responder:

  • Unlawful possession of a controlled substance;
  • Unlawful use of a controlled substance;
  • Unlawful distribution, manufacturing, dispensing, or sale of a controlled substance if the offense is based upon the transfer of a controlled substance from the person to another person for no remuneration;
  • Unlawful possession of 12 ounces or less of marijuana or 3 ounces or less of marijuana concentrate;
  • Open and public display, consumption, or use of less than 2 ounces of marijuana;
  • Transferring or dispensing 2 ounces or less of marijuana from one person to another for no consideration;
  • Unlawful use or possession of synthetic cannabinoids or salvia divinorum;
  • Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum if the offense is based upon the transfer of synthetic cannabinoids or salvia divinorum from the person to another person for no consideration;
  • Possession of drug paraphernalia; and
  • Illegal possession or consumption of ethyl alcohol by an underage person.

Assigned to the Judiciary Committee.

Summaries of other featured bills can be found here.

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SB 12-018: Creating Voluntary Alternative Medical Assistance Program for Medicaid-Eligible Elderly

January 30, 2012 By Leave a Comment

On January 11, 2012, Sen. Lundberg introduced SB 12-018 – Concerning the development of an alternative medical assistance program for the elderly. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates a voluntary alternative medical assistance program for the Medicaid-eligible elderly. An eligible participant agrees to receive an amount equal to 70% of the medical assistance benefits that he or she would have received if the participant were enrolled in the state’s traditional Medicaid program in exchange for 2 features currently not allowed under the traditional Medicaid program:

  • The participant can choose any provider; and
  • The state waives the right to pursue all estate recovery methods from the participant’s family after the participant dies.

The participant’s physician assesses the level of care the participant needs. The department of health care policy and financing then determines the expected costs to provide that level of care if the participant were enrolled in and were receiving services under the traditional Medicaid program and allocates 70% of that amount annually to reimburse providers for the participant’s care. The department issues a debit card to the participant that is funded monthly with one-twelfth of the annual amount so allocated to the participant, which the participant uses to pay for medical services while enrolled in the alternative program. The eligible participant purchases long-term care services, assisted living services, home- and community-based services, home health services, prescribed drugs, or any health or dental care service at rates set by the provider, and the participant agrees to provide all additional resources needed for his or her care beyond the 70% Medicaid benefit amount provided through the program. The participant is responsible for researching and selecting the services.

Each year, the department conducts a redetermination of the participant’s eligibility for services and the participant’s physician reassesses the level of care that the participant needs. The department must seek a federal waiver for the program. Assigned to the Health and Human Services Committee.

Summaries of other featured bills can be found here.

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SB 12-014: Conforming Schedule for Disclosure of Campaign Finance Information with Date of Primary Election

January 30, 2012 By Leave a Comment

On January 11, 2012, Sen. Bacon and Rep. Levy introduced SB 12-014 – Concerning the conformity of the schedule for disclosure of campaign finance information with the date of the primary election. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In conformity with the 2011 change of the primary election date from August to the last Tuesday in June, the schedule under the “Fair Campaign Practices Act” for making campaign finance disclosures in connection with the primary election is changed to the second Monday in May and on specified Mondays thereafter until the primary election. Assigned to the Judiciary Committee.

Since this summary, the Senate passed the bill on its Third Reading and the House Judiciary Committee referred the bill unamended to the House Committee of the Whole.

Summaries of other featured bills can be found here.

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SB 12-012: Conforming State Inspections of Automobile Emission Facilities to Federal Law

January 30, 2012 By Leave a Comment

On January 11, 2012, Sen. S. King and Rep. Miklosi introduced SB 12-012 – Concerning the department of revenue’s audits of automobile emission inspection facilities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Legislative Audit Committee. The bill implements the recommendations of the legislative audit committee regarding the department of revenue’s audits of facilities that conduct automobile emission inspections. Specifically, federal environmental protection agency rules require such inspections at least twice per year while current state law generally requires them every 90 days; the bill conforms state law with federal law. Current law requires the department to conduct performance audits on each test lane at enhanced inspection centers and equipment audits on each lane at all types of inspection centers; the bill requires such audits to be conducted at least twice per year on each lane at the facilities. Finally, the bill authorizes the department to conduct risk-based audits for stations and facilities employing inspectors or mechanics suspected of violating rules. Assigned to the Transportation Committee.

Since this summary, the Senate Committee on Transportation referred the bill unamended to Appropriations.

Summaries of other featured bills can be found here.

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