May 4, 2016

SB 16-163: Directing Office of Legislative Legal Services to Study Potential Reorganization of C.R.S. Title 12

On March 16, 2016, Sen. Michael Johnston and Rep. Daniel Kagan introduced SB 16-163Concerning A Study of an Organization Recodification of Title 12 of the Colorado Revised Statutes Governing the Regulation of Professions and Occupations. The bill was assigned to the Senate State, Veterans, & Military Affairs Committee. It passed out of that committee unamended and was referred to Appropriations, where it was amended and referred to the Senate Committee of the Whole for Second Reading.

This bill directs the Office of Legislative Services to conduct a study of an organizational recodification of Title 12 of the Colorado Revised Statutes. In conducting this study, the office must solicit input, including regarding the potential fiscal impacts of a recodification, from the judicial department, state agencies, local governments, and other entities with regulation and enforcement responsibilities established by Title 12.

The bill requires the committee to determine whether to direct the office to present proposed legislation to the committee for organizational recodification by December 31, 2017. Any proposed recodification should be largely organizational and nonsubstantive. This includes only those substantive provisions necessary to promote the public purposes of an organizational recodification, such as changes to make similar but repetitive provisions uniform and capable of consolidation and changes that eliminate archaic or obsolete provisions.

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

SB 16-153: Encouraging Nominating Commissions to Give Preferences to Attorneys in the County for County Court Vacancies

On March 11, 2016, Sen. Larry Crowder and Rep. Jim Wilson introduced SB 16-153Concerning Nominees for County Court Judges. The bill was assigned to the House Judiciary Committee. It passed through both the House and Senate without amendments and is awaiting the governor’s signature.

This bill encourages judicial district nominating commissions to give preference to attorneys who reside in the county in which the vacancy occurs.

Specifically, under C.R.S. § 13-6-206(2), the amended bill provides that if a vacancy opens for a county judge, the judicial district nominating commission should give preference to (1) persons who reside in the county in which the vacancy occurs, and (2) persons who have been admitted to practice law in the State of Colorado.

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1438: Requiring Reasonable Employment Accommodations for Pregnancy-Related Conditions

On April 12, 2016, Rep. Faith Winter and Sen. Beth Martinez Humenik introduced HB 16-1438Concerning the Provision of Reasonable Accommodations by an Employer for Persons who have a Condition Related to Pregnancy. The bill was assigned to the House Health, Insurance, & Environment Committee.

Under this bill, an employer shall: (1) provide reasonable accommodations to perform the essential functions of the job to an applicant or employee for health conditions related to pregnancy; (2) not take adverse action against an employee who requests or uses a reasonable accommodation; (3) not deny employment opportunities based on the need to make reasonable accommodations; (4) not require an applicant or employee affected by pregnancy to accept an accommodation that the applicant or employee chooses not to accept; (5) not require an employee to take leave if the employer can provide another reasonable accommodation for the employee’s pregnancy; (6) engage in an interactive process with the employee to determine effective reasonable accommodations; and (7) post written notice in a conspicuous place accessible to employees of the right to be free from said discriminatory or unfair employment practices. It is a discriminatory or unfair employment practice if an employer fails to comply with the provisions of this bill.

The bill defines “reasonable accommodations” by providing a non-exhaustive list of possible changes to an employee’s daily activity, but then states that an employer is not required to do any of the following: (1) hire new employees; (2) discharge an employee, transfer a senior employee, or promote an unqualified employee; (3) create a new position; or (4) provide paid leave beyond that which is provided to similarly situated employees.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1430: Implementing Recommendations of Governor’s Oil and Gas Task Force

On April 1, 2016, Rep. Steve Lebsock and Sen. Mary Hodge introduced HB 16-1430Concerning the Implementation of a Recommendation of the Oil and Gas Task Force Regarding the Sharing of Oil and Gas Operators’ Development Plans with Affected Local Governments. The bill was assigned to the House Transportation & Energy Committee, where it was amended and referred for Second Reading with the House Committee of the Whole. The bill was again amended on Second Reading but passed Third Reading with no further amendments. It was introduced in the Senate and assigned to the Agriculture, Natural Resources, & Energy Committee.

The Colorado Oil and Gas Conservation Commission recently promulgated several rules to implement two of the recommendations of the governor’s oil and gas task force. The bill codifies some of the essential elements of one of the recommendations.

First, the bill states a local government must register with the Commission a statement of its intent to be covered by the bill in order to be qualified to receive from oil and gas operators the information specified in the bill.

Second, each operator shall register with the Commission and with each registered local government in whose jurisdiction it has an approved drilling unit, a pending or approved permit to drill, or an application for a new or amended oil and gas location.

Third, an operator registers with a local government by: (1) complying with the registration process established by the local government; or (2) if no local registration process exists, delivering a current copy of its Commission registration to the local government.

Fourth, a registered local government may request a registered operator to provide the following information: (1) an estimate of the number of wells the operator intends to drill in the next five years; and (2) a map showing the location of the operator’s existing well sits, sites for which the operator has approved or has submitted applications for drilling, and potentially developable sites for which no application has been submitted.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1393: Requiring Warrants for Testing Assault Suspects for Communicable Diseases

On March 17, 2016, Reps. Daneya Esgar & Mike Foote and Sen. John Cooke introduced HB 16-1393Concerning Procedures for Ordered Testing for Communicable Diseases. The bill was assigned to the House Judiciary Committee.

Current law provides that a person may be required to submit to a medical test for communicable diseases if the person’s or another person’s bodily fluid came into contact with another person related to a conviction or finding of probable cause related to an assault in the first, second, or third degree. This bill repeals these provisions and substitutes a provision authorizing a court to issue a search warrant for a person’s bodily fluid, thereby requiring a person to submit blood, urine, saliva, or other bodily fluid for a test for communicable disease, if probable cause is established that: (1) a person committed the crime of assault in the first, second, or third degree; and (2) the person’s or another person’s bodily fluid came into contact with any victim of the assault, peace officer, firefighter, or emergency medical care/service provider.

If the court is satisfied that there is probable cause to believe that the grounds for the application exist, the court shall issue a search warrant, which shall: (1) identify the individual who is to give bodily fluid; (2) identify the names of any persons who sought the issuance of the order; (3) identify the related criminal offense and testing procedures; (4) identify the name of the victim of the assault, or other individual who came in contact with the person’s bodily fluid; (5) include a mandate that the person shall be detained only such time as is necessary to obtain the person’s bodily fluid; and (6) include the name and signature of the judge issuing the order. The order must be executed and returned to the court within 35 days of its issuance, and the officer executing the order shall give a copy of the order to the person upon whom it is served.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1427: Exempting Multi-Serving Liquid Marijuana Products from Sales Limits

On March 30, 2016, Rep. Dan Pabon and Sen. Owen Hill introduced HB 16-1427Concerning Exempting Multi-Serving Liquid Retail Marijuana Products from the Sales Equivalency Limitation. The bill was assigned to the House Public Health Care & Human Services Committee, where it was amended and referred to the House floor for Second Reading. It passed Second Reading with amendments and passed Third Reading with no further amendments. The bill was assigned in the Senate to the Business, Labor, & Technology Committee.

This bill exempts a multi-serving liquid retail marijuana product from the limit on equivalency sales if the product complies with all statutory and rule requirements regarding packaging of multi-serving edibles and the product: (1) is packaged in a structure that uses a single mechanism to achieve both child-resistance and accurate pouring dosing of each liquid serving in increments equal to or less than 10 milligrams per serving with no more than 100 milligrams total per package; and (2) the dosing component is within the child-resistant cap or closure of the bottle and not a separate component.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1426: Criminalizing Intentional Misrepresentation of a Service Animal

On March 30, 2016, Reps. Dianne Primavera & Yeulin Willett introduced HB 16-1426Concerning Intentional Misrepresentation of Entitlement to an Assistance Animal. The bill was assigned to the House Public Health Care & Human Services Committee, where it was amended and referred to the House Committee of the Whole for Second Reading.

Federal law requires that reasonable accommodations be provided under some circumstances to individuals with a disability, and that certain housing providers must allow an individual with a disability to reside with his or her assistance animal without charging any fees or imposing conditions that would otherwise apply if the animal were merely a pet. This bill defines “assistance animal” as an animal, other than a service animal – as defined by the Americans with Disabilities Act – that qualifies for a reasonable accommodation under the federal Fair Housing Act or the Rehabilitation Act of 1973.

The bill requires the following medical professionals, when approached by a patient seeking an assistance animal, to either make a written finding regarding whether the patient has a disability (and if so, whether the need for the animal is related to that disability), or make a written finding that there is insufficient evidence to make a disability determination: (1) physicians, physician assistants, and anesthesiologist assistants (pursuant to section 1 of the bill); (2) nurses (pursuant to section 2 of the bill); and (3) psychologists, social workers, clinical social workers, marriage and family therapists, licensed professional counselors, and addiction counselors (pursuant to section 3 of the bill). A medical professional shall not make a disability determination unless the medical professional: (1) meets with the patient in person or by telephone; (2) is sufficiently familiar with the patient and the disability; and (3) is legally and professionally qualified to make the determination.

The bill creates the class 1 petty offense of intentional misrepresentation of entitlement to an assistance animal, which is committed if (1) a person intentionally misrepresents an animal in his or her possession as an assistance animal for the purpose of obtaining any of the rights or privileges granted by law to persons with disabilities; and (2) the person knows that the animal is question is not a an assistance animal with regard to that person, or the person does not have a disability. A written disability determination made pursuant to the bill is an affirmative defense to the offense established by the bill, while a lack of such a finding is not proof that the offense occurred. If convicted, the defendant must pay: $350-$1,000 for a first offense; $600-$1,000 for a second offense; and $1,000-$5,000 plus community service for a third offense.

A district court may order the conviction record sealed if: (1) the defendant files a petition and pays the filing fee; (2) the defendant’s first offense was at least three years prior to filing the petition; and (3) the defendant has not had a subsequent conviction for the offense.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1424: Changing Requirements for Qualified Medication Administration Personnel in State Facilities

On March 30, 2016, Reps. Edward Vigil and Sen. Leroy Garcia introduced HB 16-1424Concerning Qualifications for the Administration of Medications in Facilities, and, in Connection Therewith, Making an Appropriation. The bill was introduced into the House Health, Insurance, & Environment Committee, where it passed unamended and was referred to Appropriations. The bill was amended in the Appropriations Committee, and again on Second Reading. The bill passed Third Reading with no further amendments and was introduced in the Senate, where it was assigned to the Health & Human Services Committee.

Under current law, the Department of Public Health and Environment (DPHE) oversees the administration of medications in prisons, jails, mental health facilities, and other state facilities. This bill amends the definition of “facility” to include all services funded through and regulated by the Department of Health Care Policy and Financing (DHCPF), changing from the Department of Human Services (DHS). Current law requires an unlicensed person who is a qualified manager to successfully complete a test pertaining to the administration of medication every four years. This bill eliminates the 4-year testing cycle and substitutes a requirement to successfully complete a competency evaluation pertaining to the administration of medications.

This bill establishes a medication administration program to be developed and conducted by the DHS, DHCPF, and Department of Corrections. The DHCPF shall: (1) establish the minimum requirements for course content, including competency evaluations, for medication administration, and determine compliance with the requirements for licensed facilities; (2) approve, set the minimum requirements for, and maintain a list of training entities for licensed facilities; and (3) publish and maintain a current list of all persons who have passed a competency evaluation from an approved training entity, as well as setting and collecting a uniform fee for inclusion in the public competency listing.

The bill prohibits an unlicensed person from filling and labeling medication reminder boxes until the person has successfully completed a competency evaluation from an approved training entity or has been approved by an authorized agency.

Lastly, the bill appropriates $30,298 to the DPHE, for use by the heath facilities and emergency medical services division, to implement this bill.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1388: Prohibiting Certain Employers from Inquiring Into Applicants’ Criminal Records

On March 16, 2016, Rep. Beth McCann introduced HB 16-1388Concerning the Timing of Inquiring into a Job Applicant’s Criminal History. The bill was assigned to the House Judiciary Committee, where it passed unamended and referred to Appropriations.

This bill prohibits any employer who has four or more people regularly engaged in the same business or employment from engaging in certain practices related to the screening of potential employees’ criminal records. For the purposes of the bill, “employer” does not include state, local, or quasi-governmental entities.

An employer shall not:

  1. State in an advertisement or application for employment that a person with a criminal history may not apply; or
  2. Inquire into or require disclosure of an applicant’s criminal history until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview, or if there is not an interview, until after a conditional offer of employment is made.

An employer is exempt from these restrictions if:

  1. A law prohibits the employment of a person with a specific criminal conviction;
  2. A law requires the consideration of an applicant’s criminal history;
  3. The position is designed for participation in a government program to encourage the employment of people with criminal histories; or
  4. The position requires a fidelity bond, and a specific criminal conviction would disqualify the applicant from obtaining the bond.

An employer who violates the bill is liable for one of the following penalties: (1) first offense: warning and an order requiring compliance within 30 days; (2) second offense: civil fine not exceeding $500 (for employers with more than 14 employees, not exceeding $1,000); or (3) third or subsequent offense: civil fine not exceeding $1,000 (for employers with more than 14 employees, not exceeding $2,500)

The bill does not create or authorize a private cause of action by a person aggrieved by a violation of its provisions, although an aggrieved individual may file a complaint with the Department of Labor and Employment.

Employers shall retain employment applications for nine months after submission to the employer, and employers shall allow the Department of Labor and Employment to inspect said employment applications.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

Bills Implementing “SAFE Act,” Allowing Issuance of Summonses in Lieu of Warrants, and More Signed

On Thursday, April 21, and Friday, April 22, 2016, Governor Hickenlooper signed more bills into law. He signed 19 bills on Thursday and five bills on Friday. To date, the governor has signed 141 bills this legislative session. Some of the bills signed Thursday and Friday include a bill to limit the imposition of conditions by federal entities on Colorado water rights, changing the statutory purpose of parole in order to facilitate integration into society for parolees, limiting laws governing security interests in business entities, and more. The bills signed Thursday and Friday are summarized here.

Thursday, April 21, 2016

  • HB 16-1035 – Concerning the Scope of Statutes Making the Issuance of Securities by a Public Utility Conditional on Approval by the Colorado Public Utilities Commission, and, in Connection Therewith, Clarifying that the Approval Requirement Applies Only to Electric and Gas Utilities, by Rep. Timothy Leonard and Sen. Ray Scott. The bill clarifies that only public electric and gas utilities are required to apply to the Public Utilities Commission for approval to issue or assume securities.
  • HB 16-1060 – Concerning Roadside Memorials for Fallen State Patrol Officers, by Rep. Max Tyler and Sen. Randy Baumgardner. The bill requires CDOT to erect and maintain a permanent roadside memorial for every Colorado State Patrol officer who has perished on the highway in the line of duty.
  • HB 16-1093 – Concerning the Use of the National Change of Address Database to Maintain Voter Registration Records, and, in Connection Therewith, Clarifying Terminology and Consolidating Procedures for County Clerks and Recorders to Follow when it Appears that an Elector has Moved Within the State, by Reps. Kim Ransom & Su Ryden and Sen. Jack Tate. The bill changes the process that must be followed by county clerks to confirm a voter address if the monthly search determines that a voter may have moved.
  • HB 16-1104 – Concerning the Issuance of a Summons in Lieu of a Warrant for Certain Non-Violent Offenders, by Rep. Kit Roupe and Sen. John Cooke. The bill allows law enforcement officers to issue a summons in lieu of a warrant if the officer believes there is a reasonable likelihood the defendant will appear, the local district attorney approves and has developed criteria for the procedure, the defendant has had no felony arrests in the past five years, there is no allegation that the defendant used a deadly weapon, and there are no outstanding warrants for the defendant’s arrest.
  • HB 16-1109 – Concerning that the Basic Tenets of Colorado Water Law Place on the Ability of Certain Federal Agencies to Impose Conditions on a Water Right Owner in Exchange for Permission to use Federal Land, by Reps. KC Becker & Jon Becker and Sens. Jerry Sonnenberg & Kerry Donovan. The bill states that Colorado water is a transferable property right and that the federal government must comply with state law, through the water court process, to acquire water rights.
  • HB 16-1141 – Concerning the Protection of Colorado Residents from the Hazards Associated with Naturally Occurring Radioactive Materials in Buildings, and in Connection Therewith, Making an Appropriation, by Reps. KC Becker & Don Coram and Sens. Cheri Jahn & Ellen Roberts. The bill requires the Colorado Department of Public Health and Environment to establish a radon education and awareness program to provide information and education statewide to citizens, businesses, and others in need of information, and requires that, by January 1, 2017, the CDPHE stablish a radon mitigation assistance program to provide financial assistance to low-income individuals for radon mitigation services.
  • HB 16-1153 – Concerning the Annual Date by which the General Assembly Receives a Report Regarding Outcomes of Decisions Made by the State Board of Parole, by Rep. Jovan Melton and Sen. John Cooke. The bill extends the deadline by which reports on parole outcomes made by the State Board of Parole and the Division of Criminal Justice are required from November 1 to March 31.
  • HB 16-1173 – Concerning the Continuation of the Regulation of Vessels by the Department of Natural Resources, by Rep. Diane Mitsch Bush and Sen. Ray Scott. The bill indefinitely removes the sunset of the Vessel Registration Program conducted by the Department of Regulatory Agencies to continue the registration and regulation of vessels program by Colorado Parks and Wildlife in the Department of Natural Resources.
  • HB 16-1198 – Concerning Computer Science Courses Fulfilling Certain Graduation Requirements, by Reps. Dan Pabon & Jim Wilson and Sens. Jack Tate & Andy Kerr. The bill encourages school districts to treat computer science and coding classes as mathematics or science courses and count completion of such computer-related courses toward the fulfillment of any mathematics or science graduation requirements.
  • HB 16-1215 – Concerning Changing the Statutory Purposes of Parole to Successfully Reintegrate Parolees into Society by Providing Enhanced Supportive Services, by Reps. Beth McCann & Daniel Kagan and Sen. Lucia Guzman. The bill redefines the purpose of parole to enhance public safety by reducing recidivism, select and prepare individuals who will be transitioned into the community, set individualized conditions of parole, and achieve a successful discharge from parole.
  • HB 16-1230 – Concerning the Inclusion of a County’s Financial Information in the State’s Financial Information Database, which is known as the Transparency Online Project, by Rep. Timothy Dore and Sen. John Cooke. The bill requires counties to provide the state Chief Information Officer with a copy of the county’s adopted budget no later than 30 days after the fiscal year begins, starting January 1, 2018.
  • HB 16-1255 – Concerning Additional Methods to Manage Forests to Secure Favorable Conditions for Water Supply, by Reps. Don Coram & Ed Vigil and Sen. Randy Baumgardner. The bill directs the Colorado state forest service to conduct demonstration pilot projects to implement forest management treatments that improve forest health and resilience, supply forest products to Colorado businesses, and target a Colorado watershed.
  • HB 16-1258 – Concerning the Posting by Court Clerks of Process When a Respondent is Served by Publication, by Rep. Jovan Melton and Sen. Kevin Lundberg. Current law mandates that clerks of court post the process for notice of a divorce proceeding on a bulletin board in their office when one party cannot be reached. This bill adds the option that clerks can post the process on a bulletin board or the website of the district court in which the case was filed.
  • HB 16-1259 – Concerning Local District Junior Colleges, and, in Connection Therewith, Changing the Term Local District Junior College to Local District College, by Reps. Diane Mitsch Bush & Jim Wilson and Sens. John Cooke & Kerry Donovan. The bill changes all statutory references to “local junior college” or “junior college” to “local district college” and changes requirements regarding number of board members, actions taken without regular meetings, and annexation.
  • HB 16-1270 – Concerning the Limitation of Laws Governing Security Interests to an Owner’s Interest in a Business Entity, by Rep. Pete Lee and Sens. Mark Scheffel & Rollie Heath. The bill allows small businesses to control their ownership under the Colorado Corporation and Associations Act and the Uniform Commercial Code.
  • HB 16-1271 – Concerning the Ability of a Limited Winery that has a Winery Direct Shipper’s Permit to Deliver Vinous Liquors of its Own Manufacture Directly to a Personal Consumer Without the Use of a Common Carrier, by Reps. Jonathan Singer & Dan Nordberg and Sens. Cheri Jahn & Kevin Lundberg. Under current law, a limited winery licensee with a winery direct shipper’s permit may only use a common carrier to deliver the wine it manufactures to personal consumers within Colorado. This bill allows a limited winery licensee to deliver the wine it manufactures directly to personal consumers without the use of a common carrier, as long as the licensee also has a winery direct shipper’s permit and follows the requirements of the permit.
  • HB 16-1306 – Concerning Revision of the State Statutes Governing Mortgage Loan Originators to Conform More Closely to Applicable Federal Law, and, in Connection Therewith, Amending, Relocating, and Repealing Provisions in Accordance with the Federal “Secure and Fair Enforcement for Mortgage Licensing Act Of 2008,” by Rep. Angela Williams and Sen. Chris Holbert. The bill  amends, relocates, and repeals provisions of Colorado’s mortgage loan originator licensing statutes that conflict with or have been rendered unnecessary by recent changes to federal law, or no longer reflect current national industry standards.
  • HB 16-1316 – Concerning Procedures for Changing Venue for Proceedings Relating to a Child Placed in the Legal Custody of a County Department of Social or Human Services, by Rep. Paul Rosenthal and Sen. John Cooke. The bill amends the Colorado Children’s Code to state that a child who is placed in the legal custody of a county department shall be deemed, for the entire period of the placement, to reside in the county in which the child’s legal parent or guardian resides or is located. This applies even if the child physically resides in an out-of-home placement located in another county.
  • HB 16-1327 – Concerning the Colorado Dental Board’s Authority to Promulgate Rules Implementing Financial Responsibility Requirements for Dental Care Providers, by Rep. Joann Ginal and Sen. Kevin Grantham. The bill allows the State Dental Board to establish lesser financial responsibility requirements for professional liability insurance for dental hygienists that meet certain criteria.

Friday, April 22, 2016

  • HB 16-1070 – Concerning a Signature Verification Requirement for Municipal Mail Ballot Elections, and, in Connection Therewith, Making an Appropriation, by Rep. Patrick Neville and Sen. Tim Neville. The bill requires an election judge to compare the signature on each ballot return envelope with the signature of the eligible elector stored in the statewide voter registration system for every municipal mail ballot election.
  • HB 16-1155 – Concerning Authorization for a County to Designate a Four-Lane Controlled-Access Highway that is Located in the County as a Primary Road of the County Highway System, and, in Connection Therewith, Specifying the Jurisdiction, Control, and Duties of the County and of a Municipality Through which the Highway Passes with Respect to Such a Highway, by Reps. Lori Saine & Diane Mitsch Bush and Sen. Jerry Sonnenberg. The bill allows a county with a population of 250,000 or more to designate a four-lane, controlled-access county highway in an unincorporated county area that intersects with an interstate highway or a U.S. numbered highway as a primary road of the county if the construction begins in 2016.
  • HB 16-1323 – Concerning Changing the Name of the Division of Labor to the Division of Labor and Statistics, by Rep. Tracy Kraft-Tharp and Sen. John Cooke. The bill changes the name of the Division of Labor and Employment within the Colorado Department of Labor and Employment (CDLE) to the Division of Labor Standards and Statistics.
  • HB 16-1350 – Concerning the Department of Higher Education’s Authority to Make Transfers Relating to a Governing Board’s Fee-For-Service Contracts for Specialty Education, by Rep. Dave Young and Sen. Kevin Grantham. Under current law, the Department of Higher Education may transfer up to ten percent of the annual total governing board appropriation for an institution of higher education between that governing board’s appropriation for college opportunity fund (COF) stipends, and that governing board’s fee-for-service (FFS) contracts for higher education services and programs. The bill expands the department’s authority to transfer between the COF and FFS appropriations for specialty education programs.
  • HB 16-1352 – Concerning the Appropriation of Moneys from the State Museum Cash Fund for the Benefit of Facilities Owned and Operated by the State Historical Society, and, in Connection Therewith, Making an Appropriation, by Rep. Millie Hamner and Sen. Kevin Grantham. The bill allows moneys in the fund to also be appropriated for exhibit planning, development, and build-out at other State Historical Society facilities, and, for FY 2016-17, appropriates $2 million from the fund for those purposes. The State Historical Society has four years to spend the appropriation.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

HB 16-1359: Eliminating Exception to Prohibition on Restricting Probationers’ Medical Marijuana Use

On March 11, 2016, Rep. Joseph Salazar and Sen. Lucìa Guzman introduced HB 16-1359Concerning the Use of Medical Marijuana while on Probation. The bill was introduced into the House Judiciary Committee, where it was amended. It was again amended on Second Reading and passed Third Reading with no further amendments.

Current law prohibits a court from requiring that a person on probation refrain from possessing or using medical marijuana unless the person was convicted of a crime related to medical marijuana or, based on an assessment, the court determines that a prohibition against such possession or use is necessary to accomplish the goals of sentencing. This bill eliminates the exception related to the assessment, and instead, allows a court to consider “any material evidence” in determining whether a prohibition on the possession or use of medical marijuana by an individual on probation is necessary to accomplish the goals of sentencing.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

HB 16-1384: Establishing a Legal Privilege Related to Testifying Without Consent for Disability Advocates

On March 16, 2016, Rep. Jessie Danielson introduced HB 16-1384Concerning Establishing a Legal Privilege Related to Testifying Without Consent for Disability Advocates. It was introduced into the House Judiciary Committee.

This bill establishes a legal privilege for disability advocates to not testify to communications between the disability advocate (herein also referred to as “advocate”) and a person with a disability. If a communication is between an advocate and a person with a disability who has retained the services of the advocate, and the communication is directly related to providing effective communication support accommodation – as the term is defined in the federal Americans with Disabilities Act – the advocate shall not be called upon to testify as to such communication without the consent of the person with the disability. A “disability advocate” means a person employed by a disability advocacy agency, who undergoes eight hours annually of specialized training, and whose primary function is to provide ongoing effective communication support accommodation to persons with disabilities.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.