May 18, 2012

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SB 12-184: Allowing Owners of Special Mobile Machinery Fleets to Register Their Vehicles Once a Year and Have Special Tags

May 14, 2012 By Leave a Comment

On May 4, 2012, Sen. Bill Cadman introduced SB 12-184 – Concerning the Registration of Special Mobile Machinery Fleets, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill allows an owner of more than 10 pieces of special mobile machinery to register all new special mobile machinery quarterly with the county and to obtain and use special mobile machinery plates, stickers, or certificates to designate that the registration for the machinery is pending. This allows the owner to renew the registrations for all of the machinery on the same date each year. If the machinery is not intended for highway use, its plate is not required to have an annual validating tab or sticker. Fees are set to implement the bill.

The bill is assigned to the Transportation Committee and is scheduled for committee review today at a time and place to be determined.

Since this summary, the  bill passed out of the Senate, and was assigned to the House Finance Committee. It was unamended in Finance and referred to Appropriations, then referred unamended to the House Committee of the Whole.

Summaries of other featured bills can be found here.

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SB 12-183: Directing the Public Utilities Commission to Receive Data Regarding Low-Income Energy Consumers in Order to Prevent Utility Shut Off During Extremely Cold Weather

May 14, 2012 By Leave a Comment

On April 30, 2012, Sen. Betty Boyd introduced SB 12-183 – Concerning Restrictions on a Utility’s Ability to Disconnect Certain Residential Customers’ Utility Service, and, In Connection Therewith, Directing the Commission on Low-Income Energy Assistance to Review and Report on the Effectiveness of Existing Measures Concerning Discontinuance of Service and Low-Income Rate Relief. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, utilities providing gas and electric services to residential customers are prohibited from terminating service during certain periods if the termination would be especially dangerous to the health or safety of the customer.

The bill adds additional circumstances under which utilities providing gas or electric heating services for residential customers may not disconnect a residential customer’s service between the months of November and March if the customer demonstrates that he or she is a member of a low-income household or that he or she, or a member of his or her household, is in the military and has been deployed on active duty. In addition to demonstrating his or her income eligibility, a residential customer who is a member of a low-income household must apply for a payment plan with the utility and demonstrate his or her eligibility, and application, for low-income energy assistance to be exempt from disconnection between the months of November and March.

On May 2, the Health and Human Services Committee amended the bill and referred it to the Committee on Appropriations. On May 4, the Appropriations Committee amended the bill and moved it to the floor of the Senate for consideration on 2nd Reading.

Since this summary, the bill passed a 3rd Reading in the Senate and was referred to the House Appropriations Committee. It was unamended in Appropriations and passed a 2nd Reading on the House floor.

Summaries of other featured bills can be found here.

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HB 12-1361: Amending Governmental Immunity Act to Disallow Sovereign Immunity for Claims Arising from Prescribed Fires On or After January 1, 2012

May 14, 2012 By Leave a Comment

On May 3, 2012, Rep. Bob Gardner and Sen. Bill Cadman introduced HB 12-1361 – Concerning Claims Against the State Arising Under the “Colorado Governmental Immunity Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In connection with the “Colorado Governmental Immunity Act” (CGIA):

  • The bill expands the definition of “dangerous condition” to include a prescribed fire started or maintained by the state. In addition to any other claims for which the state waives immunity under the CGIA, the bill waives sovereign immunity in connection with claims against the state in an action for injuries resulting from a dangerous condition caused by a prescribed fire started or maintained by the state or any of its employees on or after January 1, 2012.
  • The bill specifies that it shall not be construed to constitute a waiver of sovereign immunity if the injury arises from any act, or failure to act, of a state employee if the act is the type of act for which the state employee would be or heretofore has been personally immune from liability.
  • The bill also specifies that the state shall also have the same immunity as a state employee for any act or failure to act for which a state employee would be or heretofore has been personally immune from liability.

The bill modifies existing law to clarify the requirements under which an amount may be recovered against the state in excess of the maximum liability amounts specified in the CGIA. The bill clarifies existing provisions to specify that the general assembly acting by bill may authorize payment of all or a portion of a judgment against the state that exceeds the maximum amounts.

The bill sets up an alternate procedure under which the state claims board, after compromising or settling a clam on behalf of the state for the maximum liability limits under the CGIA, is empowered to determine, in its sole discretion, whether to recommend to the general assembly that the general assembly, by bill, authorize all or any portion of any such additional payment. In determining whether to make such recommendation, the claims board is required to consider interests of fairness, the public interest, and the interests of the state. A recommendation made by the claims board shall not include payment for noneconomic loss or injury and is to be reduced to the extent the claimant’s loss is or will be covered by another source, including any insurance proceeds that have been paid or will be paid, and no insurer shall have a right of subrogation against the claimant for any additional payment or any portion of such payment that is approved by the general assembly. Any additional payment or any portion of such payment approved by the general assembly is to be paid from the general fund.

The bill was introduced on May 3. On May 4 the Appropriations committee referred the unamended bill to the full House for consideration on 2nd Reading. On Friday, May 4 the bill passed on 2nd Reading with amendments. On Monday, May 7, the House adopted the bill on 3rd Reading on a vote of 59-5-1.

Since this summary, the bill passed all three readings in the Senate, unamended.

Summaries of other featured bills can be found here.

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HB 12-1359: Prohibiting the Colorado Lottery Commission from Promulgating Rules that Would Allow Internet Lotteries

May 14, 2012 By Leave a Comment

On April 30, 2012, Rep. Glenn Vaad and Sen. Cheri Jahn introduced HB 12-1359 – Concerning the Prohibition of Internet Lottery. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits the Colorado lottery commission from authorizing an internet lottery in which tickets, games, or shares are sold to a person by means of the internet, telephone, or other electronic device without physical presence of the person at a licensed lottery sales agent’s place of business. On May 2, the Finance Committee amended the bill and sent it to the floor for consideration on 2nd Reading.

Since this summary, the bill passed 2nd Reading in the House but was effectively killed before the 3rd Reading.

Summaries of other featured bills can be found here.

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HB 12-1358: Making Transfers from the Medical Marijuana Cash Fund to the Departments of Revenue and Public Health and Environment

May 11, 2012 By Leave a Comment

On April 30, 2012, Rep. Tom Massey and Sen. Irene Aguilar introduced HB 12-1358 – Concerning Funding Issues Related to Medical Marijuana, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill transfers $7.7 million from the medical marijuana program cash fund to the department of revenue for use in the medical marijuana licensing program for fiscal years 2011-12 through 2014-15. Of the $7.7 million, $2 million will be held in a reserve account that cannot be accessed until the first $5.7 million is spent. If any portion of the $2 million is needed for medical marijuana enforcement or licensure, the director of the state licensing authority shall send notice to the state comptroller before spending any of the money in the reserve account. The bill transfers $2 million from the medical marijuana program cash fund to the department of public health and environment, division of prevention services, exclusively for prevention programs in the Tony Grampsas youth services program.

The state licensing authority shall collect both the application and licensing fee at the time of application and will refund the license fee if the applicant is denied a local license or withdraws the application.

The state licensing authority shall post a report on its web site by October 31, 2012, that shows the number of applications received, licenses granted, applications denied, applications withdrawn, and the results of enforcement efforts.

On May 3, the Appropriations Committee amended the bill and moved it to the full Senate for consideration on 2nd Reading. The Senate amended and adopted the bill on the bill on 2nd Reading on Friday, May 4. Today, the House adopted the bill on 3rd Reading on a vote of 43-21-1.

Since this summary, the bill moved through the Senate but the 3rd Reading was laid over until May 10.

Summaries of other featured bills can be found here.

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HB 12-1357: Providing for Use of Unspent Funds for Capital Construction Projects at State Sponsored Institutes of Higher Education

May 11, 2012 By Leave a Comment

On April 30, 2012, Rep. J. Paul Brown and Sen. Scott Renfroe introduced HB 12-1357 – Concerning the Use of Unspent Moneys After Completion of Capital Construction Projects at State-Supported Institutions of Higher Education Authorized by a 2008 Federal Mineral Lease Revenues Lease-Purchase Agreement. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Capital Development Committee bill.

The bill specifies that the state treasurer shall ensure that each state-supported institution of higher education submits a certificate of completion no later than August 1, 2012, for each project funded by the lease-purchase agreement entered into by the state treasurer in 2008. The bill specifies that after such certificates of completion are received by the state treasurer, the state treasurer and the state controller shall calculate the unspent proceeds raised through the 2008 lease-purchase agreement. The bill requires the state treasurer and state controller to provide that calculation to the capital development committee in writing by a specified date and requires the capital development committee to hold a public meeting during the interim to decide what the unspent proceeds should be used to fund, limited to capital construction projects at state-supported institutions of higher education or, so long as such projects are identified as eligible by bond counsel, controlled maintenance projects at state-supported institutions of higher education.

The bill requires the capital development committee’s decision to be communicated to the state treasurer in writing and requires the state treasurer to ensure that the approved project or projects are funded from the unspent proceeds raised through the 2008 lease-purchase agreement as soon as possible.

The bill also makes transfers necessary to provide state-supported institutions of higher education a proportionate refund of their cash contributions toward the cost of the project.

On May 2, the Finance Committee referred the unamended bill to the full Senate for consideration it to the Committee on Appropriations. On May 4, the Senate approved the bill on 2nd Reading.

Since this summary, the bill passed a 3rd Reading in the Senate and is headed to the Governor’s desk.

Summaries of other featured bills can be found here.

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Several More Groups of Bills Signed Into Law by Governor Hickenlooper

May 10, 2012 By Leave a Comment

As the legislature winds down, Governor Hickenlooper continues to sign bills into law. So far this legislative session, Governor Hickenlooper has signed 191 bills into law.

On Thursday, April 26, the governor signed ten bills into law. Four of those are summarized here.

  • HB 12-1236 – Concerning the Regulation of Charitable Solicitations, and, in Connection Therewith, Making an Appropriation
    Sponsored by Rep. Ken Summers and Sen. Cheri Jahn. The bill makes several changes to the regulation of charitable solicitations.
  • HB 12-1126 - Concerning On-Site Wastewater Treatment Systems
    Sponsored by Rep. Cheri Gerou. The bill updates statutes related to the regulation of on-site wastewater treatment systems.
  • HB 12-1313 - Concerning Procedures Related to the Statewide Initiative Title Board
    Sponsored by Rep. Libby Szabo and Sen. Bob Bacon. The bill makes several changes to the procedures of the statewide initiative Title Board.
  • HB 12-1209 - Concerning the “Uniform Electronic Legal Material Act”
    Sponsored by Rep. Bob Gardner and Sen. Morgan Carroll. The bill establishes procedures for the publication and authentication of certain legal material, including the Colorado Revised Statutes, session laws, constitution, and Code of Colorado Regulations.

Governor Hickenlooper signed 19 bills into law on Thursday, May 3, 2012, including several from the Joint Budget Committee. Four of the bills signed on May 3 are summarized here.

  • HB 12-1258 – Concerning Regulation of Public Utilities in Terms of Alternative Fuel Vehicles
    Sponsored by Rep. Brian DelGrosso and Sen. Cheri Jahn. The bill requires public utilities to make reasonable efforts to provide service connection for fueling of alternative fuel vehicles.
  • SB 12-158 – Concerning the Consolidation of Two Public Housing Agencies Within the Division of Housing in the Department of Local Affairs
    Sponsored by Sen. Betty Boyd and Rep. Laura Bradford. The bill clarifies that the Division of Housing is the sole public housing authority for providing financial housing assistance, and shifts the Homeless Prevention Activities Program to the Division of Housing.
  • HB 12-1340 – Concerning a Reduction in the General Fund Portion of the Per Diem Rates Paid to Nursing Facilities, and, In Connection Therewith, Reducing an Appropriation
    Sponsored by Rep. Jon Becker and Sen. Kent Lambert. The bill reduces the per diem rates paid to skilled nursing facilities by 1.5 for Fiscal Year 2012-13 only.
  • SB 12-110 – Concerning a Fund Consisting of Surcharges on Insurance Premiums to Pay for Costs Associated with Criminal Prosecution of Insurance Fraud Investigations, and, in Connection Therewith, Making an Appropriation
    Sponsored by Sen. Pat Steadman and Rep. Claire Levy. The bill changes the amount of fees paid to the state by insurance companies to a two-tier schedule set by the Commissioner of Insurance.

On Monday, May 7, Governor Hickenlooper signed the budget bill for the next fiscal year. The bill was approved by an overwhelming majority of legislators – it received 86 yes votes and only 8 no votes. Governor Hickenlooper lauded the legislature for approving the bill with such an impressive majority. The “long bill,” HB 12-1335, contains separate links to the budgets for all state agencies, including add-ons for some agencies.

Governor Hickenlooper signed seven more bills into law on Wednesday, May 9, 2012. Three of them are summarized here.

  • SB 12-012 – Concerning the Department of Revenue’s Audits of Automobile Emissions Inspection Facilities
    Sponsored by Sen. Steve King and Rep. Joe Miklosi. The bill decreases the frequency of overt audits of vehicle emission inspection facilities and increases the frequency of covert audits.
  • SB 12-060 – Concerning Improving Medicaid Fraud Prosecution
    Sponsored by Sen. Ellen Roberts. The bill requries reporting by certain state agencies for the legislature’s use the following year in order to evaluate Medicaid fraud.
  • HB 12-1262 – Concerning Enactment of Amendments to the Secured Transactions Provisions of the “Uniform Commercial Code”
    Sponsored by Rep. Bob Gardner and Sen. Ellen Roberts. The bill adopts changes to the Uniform Commercial Code as recommended by the Colorado Commission on Uniform Laws.

A complete list of legislation signed by Governor Hickenlooper in 2012 is available here.

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SB 12-182: Creation of the “Invest in Colorado Act” and Establishment of Parameters for Benefit Corporations

May 7, 2012 By Leave a Comment

On April 26, 2012, Sen. Bob Bacon and Rep. Tom Massey introduced SB 12-182 – Concerning Benefit Corporations. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill enacts the “Invest in Colorado Act,” and authorizes the creation of benefit corporations. A benefit corporation must have, as one of its purposes specified in its articles of incorporation, the goal of creating general public benefit. The bill establishes the requirements for a corporation to be created as, or to elect to become, a benefit corporation, including:

  • The election and termination of benefit status;
  • The promotion of general public benefit as a purpose of the corporation;
  • Standards of accountability for the conduct of directors and officers of a benefit corporation;
  • Designation of a benefit director;
  • Rights of action in benefit proceedings; and
  • The preparation and availability of annual benefit reports.

The bill specifies dissenters’ rights for shareholders of a benefit corporation. The bill clarifies that an offer or sale of a security of a benefit corporation is not a solicitation for purposes of the “Colorado Charitable Solicitations Act” if the offer or sale complies with the “Colorado Securities Act.”

Assigned to the Judiciary Committee, the bill is scheduled for committee review on Monday, April 30 at 1:30 p.m.

Since this summary, the bill was referred unamended from the Judiciary Committee to Appropriations. It was amended in the Appropriations Committee and referred to the Senate Committee of the Whole for second reading.

Summaries of other featured bills can be found here.

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SB 12-180: Encouraging the Use of Colorado Forests and Water Systems as a Source of Renewable Energy

May 7, 2012 By Leave a Comment

On April 26, 2012, Sen. Gail Schwartz and Rep. Don Coram introduced SB 12-180 – Concerning Measures to Encourage the Use of Colorado Forest Biomass as a Source of Renewable Energy. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill develops a variety of legislative responses to address the risks caused by diseased and falling trees, pest epidemics, and fire to Colorado’s forests and water systems, including:

  • Encourages the Colorado state forest service to further collaborate with the United States forest service to address the risk of wildfire in our forest ecosystems;
  • Encourages the Colorado Economic Development Commission, in collaboration with the Colorado Department of Agriculture, to promote forest products derived from Colorado forests;
  • Encourages the air quality control commission to identify residential, commercial, and industrial equipment, specifically with respect to equipment fueled by woody biomass, that meets air emissions standards;
  • Encourages the Colorado agricultural value-added development board to prioritize silviculture energy grant requests in applying the “advancing Colorado’s renewable energy” program and extending funding for the program until fiscal year 2016-17;
  • Expands the definition of “conservation easement in gross” to include sustainable ecosystem management and reforestation;
  • Creates renewable energy enterprise areas to promote tax credits and incentives for investments made to businesses and facilities in the woody biomass industry and presenting geographic designations of the areas to an enterprise zone review task force for review, and authorizes the executive director of the Department of Revenue to promote the tax credits;
  • Amends Colorado’s renewable energy standard to encourage the public utilities commission to give priority to biomass derived from insect-killed or insect-diseased timber and other forest products in providing credit multipliers; and
  • Creates a work group to evaluate renewable thermal and cogeneration technologies in Colorado, identify potential investment incentives for the technologies, and explore the development of a renewable energy credit market for these technologies.

The bill is assigned to the Agriculture, Natural Resources, and Energy Committee and is scheduled for committee review on Tuesday, May 1 at 7:30 a.m.

Since this summary, the bill was postponed indefinitely in committee.

Summaries of other featured bills can be found here.

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SB 12-179: Requires All Schools to Comply with Building and Fire Code Regulations; Bars Individuals With Financial Interest from Serving on PSCCA Board

May 4, 2012 By Leave a Comment

On April 26, 2012, Sen. Gail Schwartz and Rep. Tom Massey introduced SB 12-179 – Concerning Governmental Oversight of Public School Capital Construction Projects. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

On and after July 1, 2012, the bill prohibits an individual who has any financial interest in a potential or funded “Building Excellent Schools Today Act” (BEST) project from serving as a member of the public school capital construction assistance board. The bill requires the BEST board to include information regarding assistance fund revenues and the assistance fund balance in the annual report that it presents to specified committees of the general assembly and to make the report available electronically on the web site of the department of education.

Under current law, the state division of fire safety generally adopts building standards for public school capital construction, conducts plan reviews, permitting, and inspections for public school buildings and structures, and issues certificates of occupancy for the buildings and structures. The division may, however, qualify a local building department to conduct those activities within the department’s jurisdiction, and a school board, a charter school, or the state charter school institute may go to a prequalified appropriate building department rather than the division for required plan reviews, permitting, inspections, and certificate of occupancy issuance. An appeals board considers appeals of the division’s administrative decisions. The bill:

  • Encourages the division to prequalify appropriate building departments whenever feasible and requires a school board that has buildings or structures only within the territory of one municipality or only within the unincorporated territory of one county, a charter school, or the state charter school institute to go to a prequalified appropriate building department, if one is available, in lieu of the division for required plan reviews, permitting, inspections, and certificate of occupancy issuance;
  • Adds the director of the division of public school capital construction assistance in the department of education to the appeals board and clarifies the scope of the board’s powers;
  • Requires the BEST division to conduct supplemental plan reviews for any BEST-funded public school capital construction project for which a prequalified appropriate building department, rather than the division, is conducting necessary plan reviews, issuing building permits, conducting inspections, and issuing a certificate of occupancy; and
  • Requires the BEST division to ensure that the owner’s representative for any BEST–funded project to be constructed pursuant to a design-build contract is wholly independent of the contractor.

The bill is assigned to the Education Committee; committee review is scheduled for Wednesday, May 2 Upon Adjournment.

Since this summary, the bill was amended in the Senate Education Committee and referred to Appropriations, but was recalled for reconsideration by the Education Committee.

Summaries of other featured bills can be found here.

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SB 12-178: Modifications to Colorado’s Renewable Energy Portfolio

May 4, 2012 By Leave a Comment

On April 24, 2012, Sen. Angela Giron and Rep. Keith Swerdfeger introduced SB 12-178 – Concerning the Removal of Enhanced Credits for Purchase of In-State Eligible Energy Resources from the Renewable Energy Standard. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill modifies certain standards from the renewable energy portfolio standards of in-state preferences with respect to:

  • Wholesale distributed generation;
  • The one and one-quarter kilowatt-hour multiplier for each kilowatt-hour of electricity generated from eligible energy resources other than retail distributed generation;
  • The one and one-half kilowatt-hour multiplier for community-based projects; and
  • Policies to provide incentives to qualifying retail utilities to invest in eligible energy resources.

On April 25, the Judiciary Committee approved the unamended the bill and moved it to the Senate floor for consideration on 2nd Reading.

Since this summary, the second reading was laid over daily.

Summaries of other featured bills can be found here.

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HB 12-1356: Imposing Punitive Sanctions on Local Governments That Interfere with Oil and Gas Production

May 4, 2012 By Leave a Comment

On April 27, 2012, Rep. Jerry Sonnenberg and Sen. Greg Brophy introduced HB 12-1356 – Concerning a Prohibition on a Local Government that Impacts Oil and Gas Extraction from Receiving Any Moneys from the Local Government Severence Tax Fund. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, moneys in the local government severance tax fund are primarily used for 2 purposes:

  • For the executive director of the Department of Local Affairs to provide grants and loans to political subdivisions impacted by development, processing, or energy conversion of minerals and mineral fuels; and
  • For direct distributions to counties and municipalities based on factors related to oil and gas production.

The bill prohibits any local government that restricts or delays the ability of an oil and gas producer to exercise the producer’s property right as a lessee or owner to extract oil and gas from receiving any grants or direct distributions from the local government severance tax fund.

The bill is assigned to the Assigned to Agriculture, Livestock, & Natural Resources Committee. Committee review of the bill is scheduled for Monday, April 30 at 1:30 p.m.

Summaries of other featured bills can be found here.

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