May 23, 2013

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SB 13-283: Developing Regulations for the Implementation of Amendment 64

May 3, 2013 by Leave a Comment

On Monday, April 22, 2013, Sen. Cheri Jahn introduced SB 13-283 – Concerning Implementation of Amendment 64. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill permits a local government to prohibit the use of a compressed flammable gas as a solvent in residential marijuana cultivation.

The bill allows retail marijuana businesses to participate in the medical marijuana responsible vendor program.

The bill declares that it is public policy of the state that a contract related to a marijuana business is not void.

The bill creates the crime of illegal possession of retail marijuana by an underage person to mirror the same crime for alcohol.

The bill amends the offenses related to marijuana and drug paraphernalia to conform to the legal structure of amendment 64 and creates crimes for the gaps not covered by current law based the legal quantity and age limit for marijuana.

The bill authorizes the governor to designate the appropriate state agency to:

  • Create a list of banned substances in marijuana cultivation;
  • Work with a private organization to develop good cultivation and handling practices;
  • Work with a private organization to develop good laboratory practices;
  • Establish an educational oversight committee for marijuana issues;

The bill requires peace officer training to include advanced roadside impairment driving enforcement training.

The bill requires the division of criminal justice in the department of public safety to undertake or contract for a scientific study of law enforcement activities related to retail marijuana implementation.

The bill requires the department of public health and environment to create a marijuana destruction program for marijuana that cannot be legally sold by licensed businesses.

The department of public health and environment must monitor the emerging science and medical information regarding marijuana through a panel of health care experts. The panel must report its findings every two years.

Current law prohibits the use of all tobacco products on school property. The bill adds lawful retail marijuana products to the prohibition.

The bill adds marijuana to the Colorado clean indoor air act.

The bill allows the license of a child care center, children’s resident camp, cradle house, day treatment center, family child care home, foster care home, guest child care facility, homeless youth shelter, medical foster care, neighborhood youth organization, public services short-term child care facility, residential child care facility, secure residential treatment center, and specialized group facilities to be denied, suspended, or revoked if retail marijuana is consumed or cultivated onsite.

The bill prohibits the cultivation, use, or consumption of marijuana at a community residential home or regional center.

Federal law prohibits deducting certain business expenses related to the sale of marijuana to calculate the federal tax owed. The bill would permit those deductions to be used to calculate the state tax owed.

The bill creates an open container offense for marijuana to mirror the open container offense for alcohol.

On April 22, the bill was introduced and assigned to the Business, Labor, & Technology Committee; the committee amended the bill and referred it to the Appropriations Committee on April 24. The bill is on the Appropriations Committee schedule for Monday, April 29 at 7:30 a.m.

Since this summary, the bill was passed with amendments on Second Reading in the Senate.

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HB 13-1318: Creating Excise and Sales Taxes to be Levied on Retail Marijuana

May 2, 2013 by Leave a Comment

On April 18, 2013, Rep. Jonathan Singer introduced HB 13-1318 - Concerning the Recommendations Made in the Public Process for the Purpose of Implementing Certain State Taxes on Retail Marijuana Legalized by Section 16 of Article XVIII of the Colorado Constitution. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Subject to voter approval at the statewide election in November 2013, the bill imposes a sales tax and an excise tax on the sale of retail marijuana, which was legalized by section 16 of article XVIII of the state constitution.

Sales tax: Beginning Jan. 1, 2014, the bill imposes a tax of 15 percent on the sale of retail marijuana or retail marijuana products to a consumer by a retail marijuana store. The tax imposed is in addition to the 2.9 percent state sales tax and any local government sales tax that is imposed on the sale of all property and services pursuant to current law.

On or after Jan. 1, 2014, the general assembly is authorized to establish a rate that is lower than 15 percent by a bill enacted by the general assembly and signed into law by the governor. After establishing a tax rate that is lower that 15 percent the general assembly may increase the rate by bill enacted by the general assembly and signed into law by the governor, so long as the rate does not exceed 15 percent. An increase in the rate does not require additional voter approval.

A retail marijuana store is required to add the tax imposed as a separate and distinct item, and when added, the tax constitutes a part of the total price of the retail marijuana or retail marijuana products purchased. A retail marijuana store is required to collect and remit the tax to the department in the same manner as the state sales tax is collected and remitted to the department pursuant to current law.

Of the revenues collected pursuant to the 15 percent sales tax, 10 percent will be distributed to each local government in the state that has one or more retail marijuana stores within its boundaries. Each local government’s share of the revenues collected shall be apportioned according to the percentage of retail marijuana and retail marijuana products sales tax revenues collected by the department in the local government as compared to the total retail marijuana and retail marijuana products sales tax collections that may be allocated to all local governments in the state. The remaining revenues shall be deposited in the marijuana cash fund and appropriated as directed by the general assembly.

Excise tax: Beginning Jan. 1, 2014, the bill imposes a tax on the sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility to a retail marijuana store, retail marijuana product manufacturing facility, or another retail marijuana cultivation facility. The amount of the tax is 15% of the average market rate of unprocessed retail marijuana statewide on the date that it is sold or transferred, as determined by the department, and the tax is imposed when a retail marijuana cultivation facility sells or transfers unprocessed retail marijuana to a retail marijuana store, a retail marijuana product manufacturing facility or another retail marijuana cultivation facility.

On or after Jan. 1, 2014, the general assembly is authorized to establish a rate that is lower than 15 percent of the average market rate by a bill enacted by the general assembly and signed into law by the governor. After establishing a tax rate that is lower that 15 percent the general assembly may increase the rate by bill enacted by the general assembly and signed into law by the governor, so long as the rate does not exceed 15 percent. An increase in the rate does not require additional voter approval.

The bill specifies that every retail marijuana cultivation facility is required to keep certain records regarding the sale or transfer of unprocessed retail marijuana and is required to collect and remit the tax to the department.

As required by section 16 of article XVIII of the state constitution, the bill specifies that the first $40 million received and collected in payment of the excise tax on unprocessed retail marijuana shall be transferred to the public school capital construction assistance fund currently created in law. Any amount remaining after the transfer shall be transferred to the marijuana cash fund.

Revenue and spending limitations: The bill allows the state to collect and spend any revenues generated by the retail marijuana sales tax and retail marijuana excise tax as voter approved revenue changes.

Submission of ballot questions by the secretary of state: The bill requires the secretary of state to submit a ballot question at the statewide election to be held in November 2013 asking the voters to:

  • Allow the general assembly to impose a retail marijuana sales tax at a rate not to exceed 15 percent of the sale of retail marijuana and retail marijuana products;
  • Allow the general assembly to impose a retail excise tax at a rate not to exceed 15 percent of the average market rate of unprocessed retail marijuana on unprocessed retail marijuana at the time when a retail marijuana cultivation facility sells or transfers retail marijuana to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility;
  • Allow the general assembly to decrease or increase the rate of either tax without further voter approval so long as the rate does not exceed 15 percent for either tax; and
  • Allow any additional tax revenue to be collected and spent notwithstanding any limitations in TABOR or any other law.

Marijuana cash fund: The bill changes the name of the existing medical marijuana license cash fund to the marijuana cash fund.

The bill specifies that the sale of marijuana or marijuana products by a medical marijuana center to a consumer and the sale or transfer of unprocessed marijuana by a marijuana cultivation facility to a medical marijuana center are not subject to either tax. The department of revenue (department) is required to promulgate rules for the implementation of both taxes.

On April 25 the Finance Committee amended the bill and sent it to the Appropriations Committee. On April 26, the Appropriations Committee amended the bill and sent it to the floor of the House for consideration on 2nd Reading.

Since this summary, the bill was amended in the House on Second Reading but passed, and also passed Third Reading in the House. It has been introduced in the Senate and assigned to the Finance Committee.

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HB 13-1317: Implementing Major Provisions of Amendment 64 Regarding Legalization of Marijuana

May 2, 2013 by Leave a Comment

On April 18, 2013, Rep. Dan Pabon introduced HB 13-1317 - Concerning the Recommendations Made in the Public Process for the Purpose of Implementing Retail Marijuana Legalized by Section 16 of Article XVIII of the Colorado Constitution, and, in Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

As introduced, the bill converts the medical marijuana enforcement division to the marijuana enforcement division and gives the division the authority to regulate medical marijuana and retail marijuana. The bill allows the division to receive moneys from the general fund. The bill deposits all of the application and licensing fees and sales, use, and special marijuana sales taxes from retail marijuana into a cash fund and permits supplementing the fund with moneys from the general fund to allow the division to operate. Once the division achieves a balance of cash funds sufficient to support the division, any excess revenue up to the amount of general fund moneys provided shall be transferred to the general fund. The bill sets the application fees for applicants who are current medical marijuana licensees or applicants at $500 and at $5,000 for new applicants. One half of the fee is transferred to the local jurisdiction. On Sept. 30, 2014, and each year thereafter, the state licensing authority must provide a report to the joint budget committee and the finance committees regarding the amount of revenue generated by retail marijuana and its regulatory work.

The bill creates the regulatory framework for retail marijuana. The bill allows an existing medical marijuana licensee or an existing medical marijuana applicant the opportunity to apply for a retail marijuana license with the option of converting its operation to a retail marijuana business or retaining a medical marijuana business and adding a retail marijuana business. The bill places a three-month moratorium on retail marijuana license applications from individuals who are not currently licensed for medical marijuana or an applicant for a medical marijuana license. The state licensing authority must act upon the applications no sooner than 45 days after receipt and no later than 90 days after receipt. The following businesses must be licensed to operate a retail marijuana business: retail marijuana stores, retail marijuana products manufacturers, retail marijuana cultivation facilities, and marijuana testing facilities. The bill allows the state licensing authority to issue a state license that is conditioned on the local jurisdiction’s approval.

The bill requires the state licensing authority to promulgate rules as required by the constitution and authorizes the state licensing authority to promulgate other rules with the assistance of the department of public health and environment.

The bill describes persons who are prohibited from being licensees and requires license applicants to undergo a background check. The bill also limits the areas where a licensed operation may be located. The state licensing authority may set fees for the various types of licenses it issues. The bill requires all officers, managers, and employees of a retail marijuana business to be residents of Colorado. All owners must be residents of Colorado for at least two years prior to applying for licensure. A licensed retail marijuana store and licensed retail marijuana products manufacturer may either grow its own marijuana or purchase it from a retail marijuana cultivation facility.

A retail marijuana store may only sell one-fourth of an ounce of marijuana to a nonresident during a single transaction. A retail marijuana store may not sell any retail marijuana product that contains nicotine or alcohol. A retail marijuana store must place each sold item in a sealed nontransparent container at the point of sale.

On April 26, the bill was amended and passed on 2nd Reading in the House.

Since this summary, the bill passed Third Reading in the House, and was assigned to the Senate Finance Committee.

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HB 13-1316: Requiring Colorado Oil and Gas Conservation Commission to Adopt Uniform Groundwater Sampling Rules

May 2, 2013 by Leave a Comment

On April 18, 2013, Rep. Dickey Lee Hullinghorst introduced HB 13-1316 - Concerning the Colorado Oil and Gas Conservation Commission’s Adoption of Uniform Statewide Groundwater Sampling Rules. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The Colorado oil and gas conservation commission recently adopted rules that require oil and gas operators to conduct groundwater sampling but specify less rigorous standards for particular areas of the state. The bill requires the commission to adopt uniform statewide groundwater sampling rules that obligate operators to sample groundwater sources at specified intervals before and after drilling of a well.

On April 26 the Appropriations Committee amended the bill and sent it to the House for consideration on 2nd Reading.

Since this summary, the bill passed Second Reading in the House with amendments, and passed Third Reading in the House as well. It was introduced in the Senate and assigned to the State, Veterans, & Military Affairs Committee.

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HB 13-1307: Clarifying that the Absence of Certain Identifying Information Does Not Invalidate a Title to Real Property

May 1, 2013 by Leave a Comment

On April 12, 2013, Rep. Elena Kagan and Sen. Lucia Guzman introduced HB 13-1307 - Concerning the Effect of the Inclusion of a Legal Description on the Validity of Documents Affecting Title to Real Property. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law states that the absence of a street address, assessor’s schedule number, or parcel number in a document of title to real property does not render the document ineffective if a legal description is included. The bill specifies that the absence of a legal description does not necessarily invalidate the document or its recording in the county clerk and recorder’s office, nor determine the validity of the document as against a person obtaining rights in the property. At the request of the Real Estate Section, the CBA LPC has voted to support this legislation.

The bill passed 3rd Reading in the House on Friday, April 26. The bill is assigned to the Judiciary Committee in the Senate; the most likely hearing date will be Wednesday, May 1 at 1:30 p.m.

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HB 13-1304: Allowing Unemployment Benefits to Employees Subject to Employer-Initiated Lockout

May 1, 2013 by Leave a Comment

On April 11, 2013, Rep. Dominick Moreno and Sen. Lucia Guzman introduced HB 13-1304 - Concerning Eligibility for Unemployment Compensation Benefits when Unemployment is Due to a Lockout. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report and the legislative Fiscal Notes.

This bill allows an employee who is subject to an employer-initiated lockout to receive unemployment benefits. It also removes the existing definitions of an offensive lockout, defensive lockout, and multiemployer bargaining unit.

Labor-management disputes rarely escalate to the level of an employer locking out employees. Since 1996, Colorado workers have not experienced a lockout by any employer. If no lockouts are experienced in any given year, there will be no impact on the Unemployment Compensation (UC) Trust Fund.

This bill was amended upon Second Reading in the House, but passed Third Reading unamended and was introduced in the Senate on April 22. It was assigned to the Senate Judiciary Committee, where it was not amended and was referred to the Senate Committee of the Whole for Second Reading.

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e-Legislative Report, 4/29/13

April 30, 2013 by Leave a Comment

Michael Valdez, the Director of Legislative Relations for the Colorado Bar Association, issued his weekly e-Legislative Report on Monday, April 29, 2013. In this issue, he discusses some of the bills at the Capitol and summarizes several “late” bills of interest.

At the Capitol

Boxscores:

Monday, April 22

  • SB 13-197. Concerning preventing persons who have committed domestic violence from possessing firearms, and, in connection therewith, making an appropriation. Passed on 3rd Reading in the House.
  • SB 13-195. Concerning requiring certain applicants for concealed handgun permits to complete a handgun training class on the physical grounds where the certified instructor of the course offers the course. Passed on 3rd Reading in the House.
  • SB 13-26. Concerning expansion of the “Michael Skolnik Medical Transparency Act of 2010” to require additional health care providers to disclose information about their practice history, and, in connection therewith, making an appropriation. Passed on 3rd Reading in the House.
  • SB 13-7. Concerning the repeal date of the Colorado commission on criminal and juvenile justice, and, in connection therewith, making an appropriation. Passed on 3rd Reading in the House.
  • HB 13-1265. Concerning the income tax credit for business facility employees under the “Urban and Rural Enterprise Zone Act.” Passed on 3rd Reading in the Senate.
  • SB 13-258. Concerning a clarification that each application included in the definition of development permit constitutes a stage in the development permit approval process. Passed on 3rd Reading in the Senate.
  • HB 13-1225. Concerning additional protections for homeowner’s insurance policyholders in Colorado, and, in connection therewith, enacting the “Homeowner’s Insurance Reform Act of 2013.” Passed on 3rd Reading in the Senate.
  • HB 13-1272. Concerning the modification of a special district’s sales and use tax base to make it the same as the state’s sales and use tax base. Passed on 3rd Reading in the Senate.

Tuesday, April 23

  • SB 13-262. Concerning the exemption of representative services of enrolled agents from the definition of debt management services. Passed on 3rd Reading in the Senate.
  • HB 13-1200. Concerning the “Uniform Deployed Parents Custody and Visitation Act.” Passed on 3rd Reading in the Senate.
  • HB 13-1294. Concerning a clarification that the state’s judicial department is included within the definition of “public entity” for purposes of the “Colorado Governmental Immunity Act.” Passed on 3rd Reading in the House.
  • SB 13-137. Concerning system improvements to prevent fraud in the Medicaid program, and, in connection therewith, employing advanced data analytics. Passed on 3rd Reading in the House.
  • HB 13-1251. Concerning collection of a DNA sample from offenders convicted of a class 1 misdemeanor in the Colorado criminal code, and, in connection therewith, making an appropriation. Passed on 3rd Reading in the House.

Thursday, April 25

  • SB 13-251. Concerning documentary evidence needed for an individual to be issued an identity document by the department of revenue, and, in connection therewith, making an appropriation. Passed on 3rd Reading in the Senate.

Friday, April 26

  • HB 13-1319. Johnston—Concerning the establishment of the ratio of valuation for assessment for residential real property. Passed on 3rd Reading in the House.
  • HB 13-1300. Concerning nonsubstantive revisions of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws. “The Revisor’s Bill.” Passed on 3rd Reading in the House.
  • HB 13-1307. Concerning the effect of the inclusion of a legal description on the validity of documents affecting title to real property. Passed on 3rd Reading in the House.
  • HB 13-1302. Concerning a modification of the requirements governing proceedings to consolidate special districts. Passed on 3rd Reading in the House.
  • HB 13-1314. Concerning the transfer of the administration of long-term services for persons with intellectual and developmental disabilities to the department of health care policy and financing. Passed on 3rd Reading in the House.
  • HB 13-1242. Concerning a repeal of the mandatory sentencing requirement for violation of bail bond conditions for certain offenders. Passed on 3rd Reading in the House.
  • HB 13-1308. Concerning allowing a law enforcement agency to acquire call location information from a telecommunications device without a court order in an emergency situation. Passed on 3rd Reading in the House.
  • SB 13-216. Concerning youthful offenders within the state department of corrections. Passed on 3rd Reading in the House.
  • SB 13-244. Concerning a task force to study substance abuse. Passed on 3rd Reading in the House.
  • SB 13-200. Concerning an increase in the income eligibility for certain optional groups in the medicaid program to one hundred thirty-three percent of the federal poverty line, and, in connection therewith, making and reducing an appropriation. Passed on 3rd Reading in the House.
  • HB 13-1136. Concerning the creation of remedies in employment discrimination cases brought under state law. Passed on 3rd Reading in the Senate.
  • SB 13-282. Concerning a medical exemption from tiered electricity rates. Passed on 3rd Reading in the Senate.
  • HB 13-1129. Concerning creating the evidence-based practices implementation for capacity resource center, and, in connection therewith, making an appropriation. Passed on 3rd Reading in the Senate.
  • HB 13-1077. Concerning a driver’s right to challenge the lawfulness of a law enforcement officer’s initial contact in an administrative proceeding for a revocation of a driver’s license. Passed on 3rd Reading in the Senate.

Click here to read the full e-Legislative Report, and stay tuned for summaries of Bills of Interest.

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SB 13-281: Expediting the Resolution of Disputes Related to Tax Credits for Donation of a Perpetual Conservation Easement

April 29, 2013 by Leave a Comment

On Thursday, April 18, 2013, Sen. Larry Crowder introduced SB 13-281 – Concerning the Expeditious Resolution of Disputed Claims for State Income Tax Credits Allowed for the Donation of a Perpetual Conservation Easement. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Taxpayers may claim a state income tax credit for a portion of the value of a perpetual conservation easement that the taxpayer donates. If the executive director of the department of revenue disputes the claim of the credit, current law sets forth procedures for resolving the claim administratively or through an appeal process in the courts. In the past, a significant number of claims have been disputed and are in the process of being resolved.

The bill requires all disputes for tax credits claimed prior to July 1, 2008, to be resolved by July 1, 2014, and prohibits the state from using any funds, resources, or personnel to continue to litigate these disputed claims after that date.

The bill was introduced on April 18 and assigned to the State, Veterans, & Military Affairs Committee. The bill is scheduled for committee review on May 1 at 1:30 p.m.

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SB 13-278: Creating a Definition of “Drug-endangered Child” Within the Context of Child Abuse and Neglect

April 29, 2013 by Leave a Comment

On Thursday, April 18, 2013, Sen. Andy Kerr introduced SB 13-278 – Concerning Creating a Definition of a “Drug-endangered Child” with Respect to Child Abuse or Neglect. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates a definition of a “drug-endangered child” in the context of child abuse or neglect.

The bill was introduced on April 18 and assigned to the Health & Human Services Committee. The bill is scheduled for committee review on April 25 at 1:30 p.m.

On April 25, the Senate Committee on Health & Human Services heard witness testimony and had committee discussion only; no action was taken on the bill.

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SB 13-277: Creating a Uniform Process for Obtaining Prior Authorization for Coverage of a Prescription Drug Benefit

April 29, 2013 by Leave a Comment

On Tuesday, April 16, 2013, Sen. Irene Aguilar introduced SB 13-277 – Concerning the Development of a Prior Authorization Process to be Used in Obtaining Prior Approval from Carriers for Coverage of Drug Benefits. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the commissioner of insurance (commissioner) to develop, by July 31, 2014, and prescribing providers, carriers, and, if applicable, pharmacy benefit management firms (PBMs), to use, by Jan. 1, 2015, a uniform prior authorization process for purposes of submitting and receiving requests for prior coverage approval of a drug benefit.

The commissioner is directed to adopt rules to establish the prior authorization process, which is to include specified components aimed at creating uniformity and reducing administrative burdens on prescribing providers, carriers, and PBMs, as well as making the criteria used for deciding prior authorization requests transparent and establishing a procedure for waiving the process under extenuating circumstances.

To assist in developing the process, the commissioner is to appoint a work group of various stakeholders to make recommendations on specified aspects of the process that the commissioner is to consider, including national standards for electronic prior authorization.

Once the prior authorization process is established, the request is deemed granted if a carrier or PBM fails to use or accept the prior authorization process, fails to notify the prescribing provider within a specified period that the request is approved or denied or that additional information is required to process the request, or fails to notify the prescribing provider within a specified period after receipt of the required additional information that the request is approved or denied. An approved prior authorization is valid for at least 180 days after the date of approval.

The bill was introduced on April 16 and assigned to the Health & Human Services Committee. The bill is scheduled for committee review on April 25 at 1:30 p.m.

Since this summary, the Senate Committee on Health and Human Services referred the bill, unamended, for consideration on Second Reading in the Senate.

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SB 13-272: Including Renewable Energy Technologies in Measures that May be Used in a Gas Utility’s Demand-side Management Program

April 26, 2013 by Leave a Comment

On Monday, April 15, 2013, Sen. Gail Schwartz introduced SB 13-272 – Concerning Modifications to Energy Demand-side Management Programs, and, in Connection Therewith, Creating a Pathway for Inclusion of Innovative and Emerging Technologies to Offset the Consumption of Natural Gas. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law rewards the use of renewable energy resources for generating electricity and encourages efficiency measures that reduce demand for both electricity and thermal energy generated from fossil fuels. But current law does not comprehensively encourage the production of thermal energy from renewable sources when offsetting fossil fuels used for heating and cooling. The bill addresses this disparity by adding renewable energy technologies to the measures that may be deployed under existing law as part of a gas utility’s demand-side management (DSM) program. In addition, the bill:

  • Requires investor-owned retail natural gas utilities to devote 30% of their DSM budgets to support the installation of renewable energy technologies that cannot be net metered;
  • Caps gas utility DSM program expenditures at 4% of total full-service retail sales;
  • Directs investor-owned retail natural gas utilities to submit, and the public utilities commission (PUC) to consider, proposals to include their most cost-effective and consistently marketable DSM products and services in their rate base, thus freeing up a portion of their existing DSM budgets for emerging technologies; and
  • Urges the PUC, in any proceeding concerning DSM programs of electric utilities, to draw on the information and experience gained in connection with gas DSM programs as modified by the bill to promote emerging technologies that offset electricity consumption.

The bill was introduced on April 15 and assigned to the Agriculture, Natural Resources, & Energy Committee. On April 18 the committee took testimony. The bill is back on the calendar for April 23 at 7:30 a.m.

Since this summary, the bill was postponed indefinitely by the Agriculture, Natural Resources, & Energy Committee.

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SB 13-267: Permitting Judicial Review of a Final Action Regarding Land Use Regardless of Whether an Application for Reconsideration has been Filed with the Local Government

April 26, 2013 by Leave a Comment

On Friday, April 12, 2013, Sen. Jessie Ulibarri introduced SB 13-267 – Concerning Judicial Review of Land Use Determinations by Local Governments. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Upon any final action of a county, home rule or statutory city, town, territorial charter city, or city and county (local government) that has the effect of approving or denying, in whole or in part, the use or development of a particular parcel of real property, the bill makes the final action subject to judicial review, whether or not an application for reconsideration of the final action has been filed, unless the filing of an application for reconsideration is required to obtain judicial review under the land development regulations of the local government.

The bill authorizes any person adversely affected or aggrieved by final action by a local government concerning the use or development of a particular parcel of real property, and who was a party to or participated in the proceedings resulting in the final action, to commence an action for judicial review of the final action in the district court in which the real property is located within 30 days after the action becomes final. The bill specifies the parties against whom the action may be brought.

The bill specifies the required components of a complaint requesting judicial review, and additional procedures governing service of the complaint, certification of the record, and a schedule for briefing the matter before the district court.

Judicial review under the bill is limited to a determination of whether the local government or an officer of the local government has exceeded its jurisdiction or abused its discretion, based on the evidence in the record before the defendant local government or officer.

The bill requires the district court to determine the matter within 63 days of the plaintiff’s reply brief, or, if no briefs are filed, within 63 days of the filing of the defendant’s answer. If the district court has not decided the matter by the applicable deadline, the final action of the local government that is under review is deemed affirmed and valid without any further action by the district court, for all purposes including authorization to seek appellate review of the district court’s order. The decision of the district court is subject to appellate review as permitted by existing appellate rules.

The bill was introduced on April 12 and assigned to the Local Government Committee. The bill is scheduled for committee review on April 23 at 2 p.m.

Since this summary, the bill was postponed indefinitely by the Local Government Committee.

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