December 10, 2016

Colorado Gives: Disability Law Colorado Recognizes the Inherent Value of All People and Embraces Empowerment

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.

dlc-630x160Disability Law Colorado (formerly known as The Legal Center for People with Disabilities and Older People) was created in 1976 out of the dream of a small group of parents who came together to secure equal rights for their children with developmental disabilities who were living in state institutions. These parents wanted a better life for their children and believed that all people with disabilities deserved the right to live full and rewarding lives. Disability Law Colorado’s early successes included requiring school districts to pay for children’s education in public schools, allowing children with severe disabilities to attend school for the first time. Disability Law Colorado also succeeded in preventing sterilization of people with developmental disabilities and preventing workplace discrimination against people with disabilities.

In 1977, the governor designated Disability Law Colorado to be Colorado’s Protection and Advocacy (P&A) System for people with developmental disabilities. Today, Disability Law Colorado is recognized as a leader in the National Disability Rights Network made up of Protection and Advocacy programs from all the states and territories.

For Colorado Gives Day, Disability Law Colorado has a $15,000 fundraising goal. By donating through Colorado Gives, your gift will go further thanks to a $1 million dollar incentive fund. Click here to donate.

18th Judicial District’s Senior Law Day and Safety Summit is October 14, 2016

2016 cover sample_Layout 1The 18th Judicial District Attorney’s Office will host its annual Senior Law Day and Safety Summit on Friday, October 14, 2016, at the Charles Schwab & Co. Events Center in Lone Tree (9899 Schwab Way #100, Lone Tree, CO 80124). This year’s event will focus on topics pertaining to legal, safety, and fraud awareness issues in later life. Seniors, family members, professionals in the field of aging; and individuals contemplating retirement are particularly encouraged to attend.

Registration for the event is $10, and includes a copy of the 2016 Senior Law Handbook, a boxed lunch, snacks, and an opportunity to sign up for a free consultation with an attorney on a first-come, first-served basis. Registration information is available here.

For more information, contact Barbara Martin-Worley at (720) 874-8487 or bmw@da18.state.co.us.

Colorado Court of Appeals: Probate Court Lacked Authority to Order “Chemical Castration”

The Colorado Court of Appeals issued its opinion in People in Interest of C.J.R. on Thursday, September 8, 2016.

Probate Court Authority—Chemical Castration—Medina Factors.

C.J.R. is a long-term patient at a state hospital, where he is treated for a form of psychosis. He has also engaged in “sexually inappropriate behavior” for some time. C.J.R. was treated for years with antipsychotic drugs. After a change in his drug therapy, his sexually inappropriate behavior worsened. As a result, a psychiatrist prescribed Depo-Provera by injection every 90 days. The use of Depo-Provera for this purpose is commonly called chemical castration. C.J.R. refused to take the drug voluntarily, and the People sought authorization from the Denver Probate Court to administer it involuntarily. The probate court authorized the involuntary administration of Depo-Provera and use of a nasogastric tube to administer other drugs. C.J.R. appealed.

In People v. Medina, the Colorado Supreme Court formulated a four-factor test that the People must satisfy before a court may order a patient to be forcibly medicated. Medina dealt with antipsychotic drugs. The court of appeals held that it does not apply to a request to involuntarily administer the synthetic equivalent of progesterone as part of the treatment for a mentally ill male patient at a state hospital for the express purpose of controlling his sexually inappropriate behavior.

In addition, the court found that even if the Medina test were applicable here, the People did not prove by clear and convincing evidence that the requirements of Medina were established because (1) there was not record support that there were no less intrusive alternative treatments available, and (2) C.J.R.’s need for treatment with medication was not sufficiently compelling to override “any bona fide and legitimate interest of the patient in refusing treatment.”

The part of the probate court’s order authorizing involuntary administration of Depo-Provera was reversed. That part of the order authorizing the use of a nasogastric tube to administer other medications was affirmed.

Summary provided courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Defendant’s Confrontation Clause Rights Not Violated by Video Conference Deposition

The Colorado Court of Appeals issued its opinion in People v. Hebert on Thursday, September 8, 2016.

Michelle Ann Hebert convinced an elderly gentleman to give her loans totaling several hundred thousand dollars and did not repay him. The elderly gentleman called the police, and Hebert was charged with theft from an at-risk adult. A public defender was appointed for Hebert, and the prosecution moved that same day to depose the victim. The prosecution requested that the victim be deposed from his own home via video conference due to his failing health. The defense argued that allowing a video conference deposition would violate Hebert’s Confrontation Clause rights, and that his assistance would be ineffective because he did not have time to prepare. The district court granted the prosecution’s motion after a hearing, but ordered that the deposition be held in five weeks in order to give the defense time to prepare. Six weeks later, the victim was deposed via video conference and the deposition was recorded. The victim died before trial, so the recorded deposition was admitted at trial.

After the deposition but before trial, Hebert retained private counsel. Shortly thereafter, the People charged Hebert with additional tax-related offenses, and her private counsel moved to withdraw. Hebert requested appointed counsel, but the public defender’s office determined she was ineligible. She represented herself at trial and was convicted on all counts. She appealed, arguing that the district court erred in failing to make its own findings after the district court found her ineligible for appointed counsel, and by admitting the recorded deposition at trial.

The Colorado Court of Appeals first addressed Hebert’s contention about appointed counsel. In her application, Hebert contended she had meager assets, was responsible for three children, and was separating from her husband. On her joint tax return, she claimed approximately $76,000 in income for that year. The district court considered the tax return and Hebert and her husband’s testimony. Her husband testified that they had never separated, and Hebert admitted she had only claimed they were separating so she could qualify for a public defender. The district court considered the evidence and determined Hebert was not qualified for a public defender. The court of appeals determined the district court’s findings were supported by evidence and therefore there was no abuse of discretion.

The court of appeals next evaluated Hebert’s claims that she was denied a fair trial when the district court admitted the video testimony before her counsel had adequate time to prepare for the deposition. The court of appeals perceived no error. The district court specifically postponed the deposition so that counsel would be able to prepare prior to the deposition.

Hebert also argued her Confrontation Clause rights were violated because she did not have the opportunity to confront her accuser face-to-face. The court of appeals noted that the right to confront an accuser face-to-face is not absolute, and when public policy concerns warrant and the reliability of testimony is otherwise assured, testimony may be obtained other than face-to-face. The court found that the victim in this case was medically unavailable due to his fragile health, crediting two letters and an affidavit from the victim’s doctor that stated that being in the same room with Hebert would cause the victim’s blood pressure to rise to a potentially fatal level. The court of appeals agreed with the district court that the victim’s fragile health necessitated a video conference deposition from the victim’s home. The court found the video reliable, because he gave testimony under oath, was contemporaneously cross-examined by Hebert’s counsel, and the jury was able to assess his demeanor in the video. The court also found no Crawford violation from the video testimony, because the victim was deceased at the time of trial and Hebert was fully able to cross-examine him during the deposition.

The court of appeals affirmed the conviction and sentence.

Social Media Abuse of Elders

Editor’s Note: This post originally appeared on Barbara Cashman’s Denver Elder Law Blog on August 10, 2016. Reprinted with permission.

CashmanBy Barbara Cashman, Esq.

I recently came across this horrifying article published Monday in ProPublica, entitled “Federal Health Officials Seek to Stop Social Media Abuse of Nursing Home Residents.” It seems that some staff members of nursing homes are publishing photos, audio and video recordings of some residents in the social media like Snapchat, Facebook or Instagram, or sent in text messages as multimedia attachments. These pictures, audio, and video files often depict elder residents of the facilities in demeaning and humiliating ways so as to result in mental abuse. The Centers for Medicare and Medicaid Services has recently sent out a memorandum concerning this to the State Survey Directors.

Do the skilled nursing facilities have prohibitions against such intrusions in place? Some evidently did not, but there can be little doubt that nearly all will have such protections in place soon in light of these disturbing developments. Here’s an article about such violations in Ohio nursing facilities.

The CMS memo referred to above defines mental abuse as that abuse which:

[M]ay occur through either verbal or nonverbal conduct which causes or has the potential to cause the resident to experience humiliation, intimidation, fear, shame, agitation or degradation.  Examples of verbal or nonverbal conduct that can cause mental abuse include but are not limited to: nursing home staff taking photographs or recordings or residents that are demeaning or humiliating using any type of equipment (e.g., cameras, smart phone, and other electronic devices) and keeping or distributing them through multimedia messages or on social media networks.  Depending on what was photographed or recorded, physical and/or sexual abuse may also be identified.

ProPublica has been following this following these developments for many months; this article from December 21, 2015 details some of the incidents this mental and physical abuse of incapacitated elders perpetrate by the nursing home staff members. In a case in New York where a nurse aide took photos of an incontinent resident’s genitals covered in fecal matter and shared them with another staff member on Snapchat, he was fired and pleaded guilty to a misdemeanor count of willful violation of health laws. What I found particularly disturbing was the comment of one home’s administrator to ProPublica that “[t]echnology is a problem for us, for everybody, these days… The resident involved was not harmed but certainly it was a serious incident.” Are incapacitated nursing home residents not entitled to any human dignity and to be free from such exploitation for someone’s entertainment?

One of the incidents described by ProPublica is from August 2015. It occurred in a rural area of Colorado and involved a youth volunteer at a nursing home who took a selfie which showed a 108-year-old resident urinating. The volunteer apparently shared the photo with her friends at school and the facility did not learn of the offending photo until months later. The volunteer was not monitored by the facility but did report to the local police, and was later charged with invasion of privacy.

What is human dignity when it cannot be defended by an incapacitated elder? What is human dignity when it is not readily apparent or recognized in places where people are institutionalized for the paramount concern of their safety?

Dignity, as in the legal right, is not easily defined. In fact, you would be hard pressed to find many references to it in our laws. International law, specifically the international law of human rights, has much more to say about human dignity, but that is another blog post!

I will close with just a couple observations and questions.

If humiliation is the opposite of being treated dignity and respect, is our system of laws really equipped to deal with this type of new frontier of the rights of incapacitated persons to be free from intrusions by others who humiliate them for sport or humor?

Is the dignity of or respect for elders a right in this context or is it overshadowed by our concerns for safety, and how does an incapacitated elder’s diminishing bailiwick of autonomy factor into this equation?

On this note, here is a link to an interesting article about the dignity of elders. More to come on this very challenging topic.

© 2016 Barbara Cashman  www.DenverElderLaw.org

 

Barbara Cashman is a solo practitioner in Denver, focusing on elder law, estate law, and mediation. She is active in the Trust & Estate and Elder Law sections of the CBA and is a past chair of the Solo/Small Firm section. She is a CAMP mentor and blogs weekly on her law firm blog, where this post originally appeared. She can be contacted at barb@DenverElderLaw.org.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

Denver Senior Law Day is This Friday, July 29, 2016

2016 cover sample_Layout 1The Denver Senior Law Day will be held this Friday, July 29, 2016, at the PPA Event Center in Denver. The event will run from 8 am to noon. Join some of Denver’s top elder law attorneys to learn about legal issues affecting older adults. Topics to be presented include fraud prevention, Medicare issues, estate planning basics, probate procedures, and more. The Ask-A-Lawyer table will return for this year’s event, and each attendee will receive a copy of the 2016 Senior Law Handbook.

Registration is now open online — click here to register. Questions? Call (303) 757-4342 or email SLD@denverprobatelaw.com.

For more information, visit www.denverseniorlawday.com.

Let’s Raise Awareness About Elder Abuse!

Editor’s Note: This post originally appeared on Barbara Cashman’s Denver Elder Law blog on June 29, 2016. Reprinted with permission.

CashmanI wanted to circle back on the importance of raising awareness of elder abuse. You can read the Presidential Proclamation on June 15, 2016, for World Elder Abuse Awareness Day right here and if you’re curious about the language of the Elder Justice Act, passed as part of the Affordable Care Act (as Title VI subtitle H, §§ 6701, et seq.), read this link.

In Colorado, as in nearly all other states, adult protection units are responsible for the reporting and investigation of elder abuse (along with law enforcement agencies). The Elder Justice Act is federal legislation that requires the U.S. Department of Health and Human Services “to oversee the development and management of federal resources for protecting out seniors from elder abuse.” Additionally, the U.S. Department of Justice is charged with taking action to prevent elder abuse.

The effective coordination of these county, state, and federal efforts is of course a work in progress. What we do know about raising awareness of elder abuse and exploitation is that it will lead to more reporting of such abuse. Here is a link to a recent article in the Sacramento Bee which links the raised awareness of such abuse to a dramatic increase in reports to local law enforcement. This is important to bear in mind as the baby boomers begin to become a greater proportion of the cohort affected by elder abuse and exploitation. In my practice, I have unfortunately become familiar with national and international internet scams which relieve elders of their hard-earned retirement money. This is a particular area in which the federal government might play a unique role as so much of our law of the internet is based in federal law.

Another tragic side effect of the victimization of elders, besides the shame, victimization and impoverishment which results from financial exploitation is that these elders, along with elder victims of all types of elder abuse — including physical and sexual abuse — are likely to die much sooner than their peers who were not victimized. But many pieces of this puzzle remain unidentified due to the lack of long term studies which collect valuable statistics about elder abuse of various types! This is of course another aspect of the importance of raising awareness. Because so much of elder abuse still remains unreported, this is a major quality of life challenge not just for elders and their loved ones and community, but also for those of us of “a certain age” who might be looking forward to a safe and meaningful elderhood. How can we make things better for elders at risk now and in the future?

What is elder abuse and who are its primary victims of such elder abuse? By the numbers, they are largely women and the “old” of the elder population — meaning folks over 80. Sadly, the vast majority of the abusers are family members of the elder or trusted friends or advisors. Because most elders live in the community — not in institutions — this is a particular challenge for all of us who are community members to become familiar with the signs so that we can report concerns about safety, suspicious behaviors and the like to local law enforcement.

First — what are the kinds of elder abuse that we’re talking about? Here is a helpful listing from the U.S. government’s Administration on Aging website, which also has many helpful resources:

  • Physical Abuse—inflicting physical pain or injury on a senior, e.g., slapping, bruising, or restraining by physical or chemical means.
  • Sexual Abuse—non-consensual sexual contact of any kind.
  • Neglect—the failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Exploitation—the illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else’s benefit.
  • Emotional Abuse—inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts, e.g., humiliating, intimidating, or threatening.
  • Abandonment—desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
  • Self-neglect—characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his or her own health or safety.

And what about the warning signs of elder abuse of which we can be more aware?

  • Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations may be the result of exploitation.
  • Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
  • Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs.
  • Changes in the elder’s personality or behavior, especially if the elder becomes withdrawn or despondent, questions to her or him can be very important in identifying a situation which may be the cause of the elder’s silent suffering.

Lastly, here is another helpful self-help resource specifically for Colorado residents – from Colorado Legal Services.  That’s all for now – but don’t forget . . . . Denver’s Senior law Day is coming up on Friday July 29, 2016 and will be held at the Denver Police Protective Association’s Event Center.  More details later.

© Barbara E. Cashman 2016   www.DenverElderLaw.org

Barbara Cashman is a solo practitioner in Denver, focusing on elder law, estate law, and mediation. She is active in the Trust & Estate and Elder Law sections of the CBA and is a past chair of the Solo/Small Firm section. She is a CAMP mentor and blogs weekly on her law firm blog, where this post originally appeared. She can be contacted at barb@DenverElderLaw.org.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

Bills Requiring Electronic Recording of Certain Interrogations, Promoting Employment for Disabled Individuals, and More Signed

On Friday, June 10, 2016, Governor Hickenlooper signed 96 bills into law, and allowed one to pass to the Secretary of State without a signature. In the 2016 legislative session, the governor signed 371 bills, vetoed two, and allowed two to pass without a signature this legislative session. The bills signed Friday are summarized here.

  • HB 16-1014 – Concerning the Creation of the Business Intelligence Center Program Within the Department of State, by Rep. Angela Williams and Sen. Jack Tate. The Secretary of State’s Office currently operates a Business Intelligence Center under its Business and Licensing Division to streamline access to public data and provide resources to make the data more useful. This bill formally creates the BIC in statute and authorizes the department’s operation of the program.
  • HB 16-1021 – Concerning Providing the Opportunity to Collect Identifying Information from Applicants for State-Issued Cards, by Rep. Joseph Salazar and Sens. Jessie Ulibarri & Ellen Roberts. The bill requires the DMV to modify the application process for state ID cards and drivers’ licenses, requiring the revised application to allow applicants to self-identify their race or ethnicity.
  • HB 16-1031 – Concerning a Requirement that Legislative Council Staff Present a Study of the Transportation Commission Districts of the State to the Transportation Legislation Review Committee, by Rep. Terri Carver and Sen. John Cooke. The bill requires that the Legislative Council Staff with the cooperation of the Colorado Department of Transportation submit a report to the Transportation Legislation Review Committee no later than August 1, 2016, that details changes since the last time the Transportation Commission districts were modified.
  • HB 16-1034 – Concerning Emergency Medical Responder Registration in the Department of Public Health and Environment, and, in Connection Therewith, Making an Appropriation, by Rep. Lang Sias and Sen. Leroy Garcia. The bill renames “first responders” as “emergency medical responders” and requires the Colorado Department of Public Health and Environment to begin a voluntary registration program on July 1, 2017.
  • HB 16-1056 – Concerning a Requirement that the Holder of an Abandoned Motor Vehicle Use the Records of a National Title Search to Notify Persons with an Interest in the Motor Vehicle that the Vehicle has been Towed and is Subject to Sale, and, in Connection Therewith, Making an Appropriation, by Rep. Max Tyler and Sens. Randy Baumgardner & Nancy Todd. The bill broadens the records search employed by the Department of Revenue to locate owners and lienholders of abandoned motor vehicles.
  • HB 16-1077 – Concerning the Recreation of the Statutory Revision Committee, and, in Connection Therewith, Making an Appropriation, by Rep. Dominick Moreno and Sen. Beth Martinez Humenik. The statutory revision committee was initially created in 1977 to investigate statutory defects, but was repealed in 1985. This bill recreates the eight-member committee in the Legislative Department and establishes guidelines for committee selection, composition, and procedures.
  • HB 16-1080 – Concerning Assault by Strangulation, and, in Connection Therewith, Making an Appropriation, by Reps. Mike Foote & Lois Landgraf and Sens. John Cooke & Michael Johnston. The bill classifies strangulation with the intent to cause serious bodily injury as first degree assault, and strangulation with intent to cause bodily injury as second degree assault. The bill designates second degree assault by strangulation as an extraordinary risk crime, thus increasing the maximum presumptive sentence range.
  • HB 16-1112 – Concerning the Creation of the Training Veterans to Train Their Own Service Dogs Pilot Program, and, in Connection Therewith, Making an Appropriation, by Rep. Lois Landgraf and Sen. Larry Crowder. The bill creates the Training Veterans to Train Their Own Service Dogs Pilot Program in the Department of Human Services. The program will identify up to ten eligible veterans to pair with dogs selected by qualified trainers. Program participants will foster, train, and ultimately use the dogs as their own service or companion animals.
  • HB 16-1117 – Concerning a Requirement that Custodial Interrogations Related to Investigations for Certain Serious Felonies be Electronically Recorded, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Lori Saine and Sens. Irene Aguilar & John Cooke. The bill requires law enforcement officials who are investigating a class 1 or 2 felony or a felony sexual assault to make an audio-video recording of custodial interrogations occurring in a permanent detention facility.
  • HB 16-1160 – Concerning the Continuation of the Surgical Assistant and Surgical Technologist Registration Program, and, in Connection Therewith, Making an Appropriation, by Reps. Joann Ginal & Chuck Longtine and Sen. Jack Tate. The bill extends the sunset of the regulation of surgical assistants and surgical technologists until September 1, 2021.
  • HB 16-1172 – Concerning the Reestablishment of a Standing Efficiency and Accountability Committee by the State Transportation Commission, and, in Connection Therewith, Expanding the Membership and Responsibilities of the Committee, Subjecting the Committee to Sunset Review, Requiring a Committee Member to Disclose a Personal or Private Interest that Could be Affected by a Proposed Committee Recommendation and Abstain from Any Committee Vote to Adopt or Reject the Recommendation, and Making an Appropriation, by Reps. Lori Saine & Dianne Primavera and Sens. Chris Holbert & Tim Neville. The bill requires the Transportation Commission to reestablish the standing Efficiency and Accountability Committee under the Colorado Department of Transportation. It expands committee membership to include four state legislators and representatives of counties, municipalities, nonpartisan good governance organizations, and others as determined by the commission.
  • HB 16-1175 – Concerning the Administration of the Property Tax Exemptions for Qualifying Seniors and Disabled Veterans, and, in Connection Therewith, Making an Appropriation, by Reps. Dianne Primavera & Dan Nordberg and Sens. Cheri Jahn & Tim Neville. The bill requires the sharing of information among state and local government agencies to help identify applicants that do not meet the legal requirements for the Senior and Disabled Veteran Homestead Exemptions.
  • HB 16-1211 – Concerning Licensing Marijuana Transporters, and, in Connection Therewith, Making an Appropriation, by Rep. Jovan Melton and Sens. Randy Baumgardner & Cheri Jahn. The bill creates state medical and retail marijuana transporter licenses to be issued by the Marijuana Enforcement Division in the Department of Revenue, and allows for the issuance of a local medical marijuana transporter license. A marijuana transporter provides logistics, distribution, and storage of medical and retail marijuana and marijuana-infused products, but is not authorized to sell marijuana under any circumstances.
  • HB 16-1222 – Concerning Increasing the Availability of Supplemental Online Education Resources, and, in Connection Therewith, Creating the Statewide Supplemental Online and Blended Learning Program and Making an Appropriation, by Reps. Bob Rankin & Max Tyler and Sens. Nancy Todd & Owen Hill. The bill creates the Supplemental Online and Blended Learning Program and requires that the Colorado Department of Education designate a Board of Cooperative Educational Services to design and articulate a statewide plan for supplemental online and blended learning, and to lead, manage, and administer that statewide program.
  • HB 16-1232 – Concerning Continuation of the Authority of the Executive Director of the Department of Revenue to Issue Written Responses Upon the Request of a Taxpayer, by Rep. Tracy Kraft-Tharp and Sen. Randy Baumgardner. The bill continues the authority of the Department of Revenue to issue general information letters and private letter rulings through September 1, 2023.
  • HB 16-1234 – Concerning the Consideration of Methods for Selecting State Assessment Alternatives that Maintain the Existing State Assessment Requirements, and, in Connection Therewith, Making an Appropriation, by Reps. Gordon Klingenschmitt & Jonathan Singer and Sens. Michael Merrifield & Vicki Marble. The bill requires that the Colorado Department of Education investigate methods for and costs of creating or selecting new state assessments in mathematics, English language arts, science, and social studies.
  • HB 16-1260 – Concerning Extending the Criminal Statute of Limitations for a Sexual Assault to Twenty Years, by Rep. Rhonda Fields and Sens. John Cooke & Michael Johnston. The bill extends the criminal statute of limitations for felony sexual assault to 20 years. The sexual assault offenses covered by the bill may be class 2, 3, or 4 felonies, depending on the circumstances.
  • HB 16-1261 – Concerning Continuation of the Colorado Retail Marijuana Code, and, in Connection Therewith, Implementing the Recommendations of the 2015 Sunset Report Issued by the Department of Regulatory Agencies and Making an Appropriation, by Rep. Dan Pabon and Sens. Cheri Jahn & Randy Baumgardner. The bill extends the sunset of the Colorado Retail Marijuana Code until September 1, 2019, and makes several changes regarding licensing, rulemaking, industry operations, county-initiated ballot measures, and criminal provisions.
  • HB 16-1262 – Concerning Measures to Improve Peace Officer Hiring, and, in Connection Therewith, Requiring Employment Waivers as Part of the Background Check Process for a Person Applying for a Position as a Peace Officer who has Worked as an Officer and Giving the P.O.S.T. Board the Authority to Deny Certification to an Applicant who Entered into a Deferred Agreement, by Rep. Angela Williams and Sen. John Cooke. The bill requires that each candidate for a peace officer position execute a waiver to allow a hiring state or local law enforcement agency or the Department of Revenue to obtain all records about that candidate from another law enforcement or governmental agency. The hiring agency, including higher education law enforcement agencies, public transit law enforcement agencies, and the Department of Revenue, must submit the waiver to each applicable prior employer at least 21 days before making a decision.
  • HB 16-1263 – Concerning Updates to the Statutory Prohibition on Profiling by Peace Officers, by Rep. Angela Williams and Sen. Jessie Ulibarri. The bill modifies the prohibition in current law against racial profiling by law enforcement by changing the definition to include the practice of relying on race, ethnicity, gender, national origin, language, religion, sexual orientation, gender identity, age, or disability in determining probable cause or scope of investigation.
  • HB 16-1264 – Concerning Prohibiting the Use of a Chokehold by a Peace Officer, by Rep. Jovan Melton and Sen. Michael Johnston. The bill clarifies that a peace officer may only use a chokehold when he or she reasonably believes that it is necessary to defend himself or herself or a third party is in imminent danger of death or serious bodily injury or to effect an arrest or prevent escape under certain conditions.
  • HB 16-1265 – Concerning Expungement of Arrest Records Based on Mistaken Identity, by Reps. Jovan Melton & Daneya Esgar and Sens. Michael Johnston & John Cooke. The bill requires the court to expunge the arrest and criminal records of a person who was arrested as a result of mistaken identity and who did not have charges filed against him or her.
  • HB 16-1286 – Concerning an Increase in the Percentage of a Landowner’s Costs Incurred in Performing Wildfire Mitigation Measures that may be Claimed by the Landowner for Purposes of the Wildfire Mitigation Income Tax Deduction, by Rep. KC Becker and Sen. Jack Tate. The bill increases the percentage of the wildfire mitigation state income tax deduction from 50 percent to 100 percent of the costs incurred for performing wildfire mitigation on a taxpayer’s property.
  • HB 16-1311 – Concerning Court Orders Requiring Payment of Monetary Amounts, by Rep. Joseph Salazar and Sens. Morgan Carroll & Vicki Marble. When a court imposes a sentence requiring a defendant to pay a monetary amount, the court may make arrangements for payment at a future date or in installments and must provide certain instructions to defendants. The bill specifies that these same rules apply when the court enters a judgment or issues an order requiring payment. The bill also specifies that when imposing a monetary obligation, the court must inform the defendant that if he or she is unable to pay, the court may not jail the defendant for failure to pay.
  • HB 16-1321 – Concerning Medicaid Buy-In for Persons Eligible for Certain Medicaid Waivers, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Michael Merrifield & Jack Tate. The bill directs the Department of Health Care Policy and Financing to seek federal authorization to implement a Medicaid buy-in program for adults who are eligible to receive home-and community-based services under the Supported Living Services Medicaid waiver, the Brain Injury waiver, and the Spinal Cord Injury waiver pilot program. HCPF must implement the Medicaid program no later than three months after receiving federal approval.
  • HB 16-1324 – Concerning the Availability of Compounded Pharmaceutical Drugs for Use by a Veterinarian to Treat a Patient’s Emergency Condition, and, in Connection Therewith, Making an Appropriation, by Rep. Joann Ginal and Sen. Jerry Sonnenberg. The bill allows a veterinarian to keep an office stock of compounded drugs and administer the drug to an animal for treatment of the animal’s emergency condition.
  • HB 16-1328 – Concerning Statutory Provisions Related to the Use of Seclusion on Individuals, and, in Connection Therewith, Making an Appropriation, by Reps. Pete Lee & Beth McCann and Sens. Kent Lambert & Kevin Lundberg. The bill expands the “Protection of Individuals from Restraint and Seclusion Act.” The bill adds seclusion wherever the use of restraint is limited, prohibited, or subject to specific requirements; adds that restraint and seclusion must never be used as punishment, as part of a treatment plan, as retaliation by staff, or for protection, unless ordered by the court or in an emergency; and expands the restrictions on use of restraint and seclusion to include youth, defined as anyone less than 21 years old.
  • HB 16-1339 – Concerning Agricultural Property Foreclosures, by Reps. Perry Buck & Joann Ginal and Sen. Randy Baumgardner. Under current law, the number of calendar days that must elapse between the date of the foreclosure notice and the foreclosure sale is between 110 and 125 days for residential property, and between 215 and 230 days for agricultural property. Current law requires that agricultural property be entirely agricultural in foreclosure proceedings. This bill allows property that is any part agricultural to be considered agricultural and entitled to the longer time frame.
  • HB 16-1345 – Concerning the Continuation of the Sex Offender Management Board, and, in Connection Therewith, Implementing the Recommendations of the 2015 Sunset Report Issued by the Department of Regulatory Agencies, by Rep. Daniel Kagan and Sen. John Cooke. The bill extends the sunset of the Sex Offender Management Board until September 1, 2019, and requires the board to revise its standards and guidelines.
  • HB 16-1356 – Concerning Requirements Related to the Satisfaction of Indebtedness Secured by Real Property, by Reps. Tracy Kraft-Tharp & Kevin Nordberg and Sens. Cheri Jahn & Chris Holbert. The bill modifies the treatment of a line of credit lien secured with real property (i.e. a home equity line of credit) that has been satisfied. Under the bill, the lien continues and no release is required until the line of credit expires and the debt is satisfied, unless the debtor relinquishes all right to make further use of the line of credit by either requesting, in writing, that the line of credit be cancelled; or provides notice that the property is being conveyed upon payment of the debt.
  • HB 16-1359 – Concerning the Use of Medical Marijuana While on Probation, by Rep. Joseph Salazar and Sen. Lucia Guzman. The bill alters one of two exceptions to the prohibition against a court requiring that a person on probation refrain from possessing or using medical marijuana.
  • HB 16-1360 – Concerning the Continuation of the Regulation of Direct-Entry Midwives by the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies, and, in Connection Therewith, Implementing the Recommendations Contained in the Sunset Report Prepared by the Department, by Rep. Lois Landgraf & Susan Lontine and Sen. Kevin Lundberg. The bill extends the sunset of the regulation of direct-entry midwives until September 1, 2023, and makes several changes to the scope of practice for direct-entry midwives.
  • HB 16-1362 – Concerning the Transfer of the Functions of the License Plate Auction Group to the Colorado Disability Funding Committee, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Beth Martinez Humenik. The bill transfers the functions of the License Plate Auction Group to the Disability Benefit Support Contract Committee and renames the entity the Colorado Disability Funding Committee.
  • HB 16-1363 – Concerning Rule-Making Authority for Medical Marijuana Advertising Directed at Underage Persons, by Rep. Jonathan Singer and Sens. Linda Newell & Jack Tate. The bill authorizes the Marijuana Enforcement Division in the Department of Revenue to promulgate rules related to advertising that is likely to reach underage persons under the Medical Marijuana Code.
  • HB 16-1367 – Concerning the Re-Categorization of Certain Counties for the Purpose of Determining Salaries Paid to County Officers in Those Counties, by Reps. Millie Hamner & Bob Rankin and Sens. Mary Hodge & Vicki Marble. The salary of county officers is set in statute and determined by the category of the county in which the officer serves (I through VI). Four subcategories, A through D were added to each category in 2015 under Senate Bill 15-288 for the purpose of increasing or decreasing county officer salaries. All counties are currently in subcategory A, which would result in a 30 percent increase to county officers beginning January 2019, when they are sworn in. This bill recategorizes counties resulting in smaller increases for the elected officers of those counties.
  • HB 16-1378 – Concerning Requiring Courts to Collect Money from DUI Offenders for the Purpose of Reimbursing Law Enforcement Agencies for the Cost of Performing Chemical Tests, by Rep. Joann Ginal and Sen. Larry Crowder. The bill clarifies that, when the court orders that a defendant reimburse the costs associated with the collection and analysis of chemical tests, the court is required to collect those moneys and transfer them to the law enforcement agency that performed the chemical test, except that the court is not required to do this for the Colorado State Patrol within the Department of Public Safety.
  • HB 16-1386 – Concerning a Program to Cover Vulnerable Populations’ Costs of Acquiring Necessary Documents, and, in Connection Therewith, Making an Appropriation, by Rep. Tracy Kraft-Tharp and Sen. Pat Steadman. The bill creates the Necessary Document program in the Office of Health Equity in the Colorado Department of Public Health and Environment. The purpose of the program is to help Colorado residents who are victims of domestic violence, impacted by a natural disaster, low-income, disabled, homeless, or elderly pay the fees to acquire a necessary document, includingsocial security cards, driver’s licenses, identification cards, or a vital statistics report.
  • HB 16-1391 – Concerning a Prohibition Against Nonattorneys Providing Legal Services Related to Immigration Matters, by Rep. Dan Pabon and Sen. Kevin Lundberg. The bill makes it a deceptive trade practice for anyone other than a licensed attorney or someone federally authorized to represent others in immigration matters to provide or to offer to provide legal services in an immigration matter.
  • HB 16-1393 – Concerning Procedures for Ordered Testing for Communicable Diseases, by Reps. Daneya Esgar & Michael Foote and Sen. John Cooke. Under current law, any person bound over for trial for assault; convicted of assault; or found to have provided bodily fluids to another person indicted, bound over for trial, or convicted of assault is required to submit to a medical test for communicable diseases if his or her bodily fluids came into contact with a victim, peace officer, firefighter, emergency medical care provider, or emergency medical service provider. This bill repeals that portion of current law and replaces it with a requirement that, unless a person has admitted that he or she has a communicable disease and provides confirmation, a law enforcement agency is required to ask the person to voluntarily consent to a blood test if certain conditions are met.
  • HB 16-1398 – Concerning the Requirement that the Department of Human Services Use a Request-for-Proposal Process to Contract with an Entity to Implement Recommendations of the Respite Care Task Force, and, in Connection Therewith, Making an Appropriation, by Reps. Dave Young & Lois Landgraf and Sens. Beth Martinez Humenik & Pat Steadman. The bill requires the Department of Human Services to use a competitive request-for-proposal process to select a contractor to implement the recommendations of the Respite Care Task Force. The selected contractor must have a presence in Colorado and serve individuals with disabilities or chronic conditions by providing and coordinating respite care.
  • HB 16-1402 – Concerning a Prohibition on the Use of a Device to Allow a Person to Place a Wager on a Previously Run Sporting Event, by Reps. KC Becker & Polly Lawrence and Sens. Chris Holbert & Leroy Garcia. The bill prohibits the state or any local government, or its agencies, boards, commissions, or officials from permitting the use of a racing replay and wagering device. Horse racing and related business licensees may not operate or allow any person to use racing replay and wagering devices to wager on any previously run sporting event.
  • HB 16-1404 – Concerning the Regulation of Fantasy Contests, and, in Connection Therewith, Making an Appropriation, by Reps. Crisanta Duran & Cole Wist and Sens. John Cooke & Lucia Guzman. The bill establishes the registration of small fantasy contest operators and the licensure of all other large fantasy contest operators by the Division of Professions and Occupations in the Department of Regulatory Agencies. The bill defines a fantasy contest operator as an entity that offers a fantasy contest with an entry fee and cash prize to the public.
  • HB 16-1422 – Concerning Financing Public Schools, and, in Connection Therewith, Making an Appropriation, by Reps. Millie Hamner & Bob Rankin and Sens. Kent Lambert & Pat Steadman. The bill changes the “Public School Finance Act of 1994” by modifying the funding for K-12 public schools in FY 2016-17. The bill increases base per pupil funding to $6,367.90, to reflect a 1.2 percent inflation rate.
  • HB 16-1423 – Concerning Measures to Maximize Trust in the Use of Student Data in the Elementary and Secondary Education System, by Reps. Paul Lundeen & Alec Garnett and Sen. Owen Hill. The bill creates the Student Data Transparency and Security Act, and requires that the State Board of Education, the Colorado Department of Education, and schools, school districts, and Boards of Cooperative Educational Services take actions to increase the transparency and security of student personally identifiable information.
  • HB 16-1424 – Concerning Qualifications for the Administration of Medications in Facilities, and, in Connection Therewith, Making an Appropriation, by Rep. Ed Vigil and Sen. Leroy Garcia. The bill changes the way state agencies handle the training and registration of personnel authorized to administer medications in certain state facilities, and changes the definition of “facility” to include services offered to intellectually and developmentally disabled individuals by the Department of Health Care Policy and Financing.
  • HB 16-1425 – Concerning the Requirement for a Licensed Child Care Center to Obtain Records for a Child Enrolled in the Center on a Short-Term Basis, by Rep. Millie Hamner and Sen. Ellen Roberts. The bill specifies that a licensed child care center is not required to obtain immunization records for any enrolled child that attends the center on a short-term basis which is defined as up to fifteen days and no more than twice per year with at least 60 days between 15-consecutive-day periods.
  • HB 16-1426 – Concerning Intentional Misrepresentation of Entitlement to an Assistance Animal, by Reps. Dianne Primavera & Yeulin Willett and Sens. Jack Tate & Cheri Jahn. The bill creates a class 2 petty offense for the intentional misrepresentation of entitlement to an assistance animal, for purposes of obtaining a reasonable accommodation in housing or for the misrepresentation of a service animal or service animal in training for purposes of obtaining a reasonable accommodation.
  • HB 16-1427 – Concerning Exempting Multi-Serving Liquid Retail Marijuana Products from the Sales Equivalency Limitation, by Rep. Dan Pabon and Sen. Owen Hill. The bill exempts multi-serving liquid retail marijuana products from the edible retail marijuana requirement that products be marked with a standard symbol indicating that the product contains marijuana and is not for consumption by children if the product complies with all statutory and regulatory packaging requirements for multi-serving edibles.
  • HB 16-1432 – Concerning the Rights of Private Sector Employees to Inspect Their Personnel Files, by Rep. Faith Winter and Sen. Owen Hill. The bill requires that an employer, at least annually, permit a requesting current or former employee to inspect and obtain a copy of his or her personnel file.
  • HB 16-1436 – Concerning a Prohibition on Edible Marijuana Products that are Shaped in a Manner to Entice a Child, by Reps. Dan Pabon & Joann Ginal and Sens. Linda Newell & Randy Baumgardner. The bill requires the Marijuana Enforcement Division in the Department of Revenue  to promulgate rules that prohibit the production and sale of edible medical marijuana-infused and retail marijuana products shaped like a human, animal, or fruit.
  • HB 16-1439 – Concerning the Creation of a New Alcohol Beverage License Under the “Colorado Liquor Code” to Permit a Lodging and Entertainment Facility to Sell Alcohol Beverages by the Drink for Consumption on the Licensed Premises, and, in Connection Therewith, Allowing the Holder of a Tavern License to Convert the Tavern License to a Lodging and Entertainment License or Other Appropriate License Under Specified Conditions, by Rep. Alec Garnett and Sen. Chris Holbert. The bill creates a new lodging and entertainment liquor license for facilities that provide lodging, sports, or entertainment activities as their primary business and, incidental to that business, sell and serve alcoholic beverages by the drink for consumption on the premises. These facilities must have sandwiches and light snacks available for consumption.
  • HB 16-1440 – Concerning Reducing Administrative Requirements that Pertain to the Elementary and Secondary Public Education System, by Reps. Jim Wilson & Brittany Pettersen and Sens. Michael Johnston & Chris Holbert. The bill prohibits the State Board of Education or the Colorado Department of Education from publishing the teacher effectiveness ratings for a grade level, subject area, school, or school district if the number of teachers in the reported group is small enough to enable a person to identify an individual teacher’s effectiveness rating.
  • HB 16-1442 – Concerning Technical Modifications to Laws Enacted in 2014 Governing the Administration of Nonpartisan Elections Conducted by a Local Government that are Not Coordinated by a County Clerk and Recorder, by Rep. Su Ryden and Sen. Jessie Ulibarri. The bill makes various updates to the Colorado Local Government Election Code, which governs nonpartisan special district elections that are not coordinated by a county clerk.
  • HB 16-1448 – Concerning the Relative Guardianship Assistance Program, by Rep. Jonathan Singer and Sens. Andy Kefalas & Kevin Lundberg. The makes several changes to the Relative Guardian Assistance Program to comply with federal regulations and clarify the qualifying legal relationships and situations that are eligible for the program. Specifically, the bill clarifies that relatives, kin, and other persons with a family-like relationship, including foster parents, are eligible for relative guardianship assistance in certain situations when a child or children cannot be returned to the physical custody of parents or legal guardians and adoption or reunification is either unavailable or not appropriate.
  • HB 16-1451 – Concerning a Requirement that the Department of Personnel Create a Procurement Code Working Group to Study Ways to Improve the State’s “Procurement Code,” by Reps. Su Ryden & Bob Rankin and Sens. Ray Scott & Rollie Heath. The bill directs the executive director of the Department of Personnel and Administration to convene a working group to meet during the 2016 interim between legislative sessions to study ways to improve the state procurement code.
  • HB 16-1457 – Concerning a Clarification of the Existing Sales and Use Tax Exemption for Residential Energy Sources, by Reps. Alec Garnett & Jim Wilson and Sens. Tim Neville & Leroy Garcia. The bill clarifies that the state sales and use tax exemption for residential uses of electricity, coal, wood, gas, fuel oil, and coke (energy sources) applies when energy sources are resold or sold to persons who are not occupants of the residence.
  • HB 16-1459 – Concerning an Increase in the Dollar Threshold for the Review of Capital Construction or Capital Renewal Projects that are Not for New Construction or New Acquisitions of Real Property for Auxiliary and Academic Facilities to be Funded Solely from Cash Funds Held by an Institution of Higher Education, by Reps. KC Becker & J. Paul Brown and Sens. Jerry Sonnenberg & Andy Kefalas. Under current law, higher education institutions may submit lists of capital construction projects anticipated to be commenced within the next two years using institutional cash funds, and costing more than $2 million, to the Capital Development Committee for review and approval. This bill increases the threshold for projects reviewed through two-year cash lists from $2 million to $10 million for everything but acquisitions, new construction, and projects financed using the state’s credit rating.
  • HB 16-1460 – Concerning the Authority of the Commissioner of Agriculture to Dispose of and Acquire Specified Real Property in Furtherance of the Department of Agriculture’s Office Consolidation, by Reps. KC Becker & Ed Vigil and Sen. Randy Baumgardner. The bill gives the Colorado Department of Agriculture, in consultation with the Office of the State Architect within the Department of Personnel and Administration, the authority to sell and acquire real property specified in the bill.
  • HB 16-1467 – Concerning a State Income Tax Deduction for Amounts Earned on the Investment of Money in a First-Time Homebuyer Savings Account, by Reps. Crisanta Duran & Joseph Salazar and Sens. Mark Scheffel & Beth Martinez Humenik. The bill allows for the creation of first-time home buyer savings accounts, and starting tax year 2017, allows an income tax deduction for account holders equal to the interest and other income earnings on account contributions.
  • SB 16-006 – Concerning the Use of Qualified Insurance Brokers to Enroll Eligible Participants in Health Benefit Plans through the Colorado Health Benefit Exchange, by Sen. Beth Martinez Humenik and Rep. Lang Sias. The bill requires the Colorado health benefit exchange, Connect for Health Colorado, to provide certain information about insurance brokers and health care navigators when consumers contact Connect for Health Colorado and request assistance.
  • SB 16-019 Concerning a Requirement that Court-Ordered Mental Condition Examinations be Recorded, and, in Connection Therewith, Making an Appropriation, by Sen. John Cooke and Reps. Lori Saine & Mike Foote. The bill requires audio-visual recording of court-ordered mental condition examinations for individuals charged with class 1 or 2 felonies and felony sex offenses under sections 18-3-402, 18-3-404, 18-3-405, and 18-3-405.5, C.R.S. The court is required to notify a defendant that any examination with a psychiatrist or forensic psychologist may be audio and video recorded.
  • SB 16-030 – Concerning the Surcharges for Violating Motor Vehicle Weight Limits, and, in Connection Therewith, Making an Appropriation, by Sen. Mary Hodge and Rep. Max Tyler. Under current law, individuals convicted of violating motor vehicle weight limits or the terms of overweight permits must pay a variable penalty and a surcharge, depending on the level of excess weight. The bill changes the variable surcharge rate to a flat 16 percent of the penalty for all violations.
  • SB 16-036 – Concerning Surety Requirements when a Taxpayer Appeals a Tax Bill that the State or a Local Government Claims is Due, and, in Connection Therewith, Making an Appropriation, by Sens. Tim Neville & Cheri Jahn and Reps. Tracy Kraft-Tharp & Lang Sias. The bill changes the circumstances under which a taxpayer is required to set aside money when he or she files a notice of appeal of a tax decision with a court. The bill repeals the requirement that a taxpayer set aside money for all appeals to a district court, except in cases of a frivolous tax claim submission as determined by the Department of Revenue.
  • SB 16-040 – Concerning Changes to the Requirements for Owners of a Licensed Marijuana Business, and, in Connection Therewith, Making an Appropriation, by Sens. Chris Holbert and Rep. Dan Pabon. The bill replaces the current statutory definition for owner of a licensed medical or retail marijuana business with two new ownership categories: direct beneficial interest owners  and indirect beneficial interest owners.
  • SB 16-056 – Concerning Broadening Protections of the State Whistleblower Protection Law for State Employees Who Disclose Confidential Information to Certain State Entities that have Legal Requirements to Preserve the Confidentiality of the Information Disclosed, by Sen. Kent Lambert and Rep. Pete Lee. The bill expands whistleblower protections by creating whistleblower review agencies to determine if information about state operations or conduct provided by a state employee is protected from inspection under the Colorado Open Records Act, or any other provision of law.
  • SB 16-062 – Concerning Modifications to the Regulation of Veterinary Pharmaceuticals, by Sen. Vicki Marble and Reps. Jon Becker & Ed Vigil. The bill creates the Veterinary Pharmaceutical Advisory Committee in the Department of Regulatory Agencies to hear matters concerning veterinary pharmaceuticals referred by the State Board of Pharmacy, specifically related to board action on an investigation or complaint, application review, and rules.
  • SB 16-065 – Concerning Criminal Restitution, by Sen. Pat Steadman and Rep. Pete Lee. The bill modifies the treatment of restitution for criminal offenses. Specifically, it clarifies that a restitution order is in effect until paid in full or until two years after the offender’s death. Two years after the presentation of the defendant’s original death certificate to the clerk of court or the court collections investigator, the court may terminate the remaining balance of the judgment and order for restitution if, after notice, the district attorney does not object and there is no evidence of a continuing source of income of the defendant to pay restitution. This termination does not affect an associated judgment against another defendant.
  • SB 16-077 – Concerning a Collaborative Multi-Agency Approach to Increasing Competitive Integrated Employment Opportunities for Persons with Disabilities, and, in Connection Therewith, Advancing an Employment First Policy, by Sen. Andy Kefalas and Reps. Joann Ginal & Dianne Primavera. The bill outlines policies designed to increase employment opportunities for persons with intellectual and developmental disabilities. The bill specifies five agency partners—the Colorado Department of Labor and Employment, the Department of Health Care Policy and Financing, the Department of Education, the Department of Higher Education, and the Department of Human Services—that must work together to identify employment and educational opportunities for persons with disabilities.
  • SB 16-106 – Concerning Measures to Facilitate the Efficient Administration of Colorado Laws Governing Campaign Finance, by Sen. Chris Holbert and Rep. Joseph Salazar. The bill requires an Administrative Law Judge that hears campaign finance complaints to complete four credit hours of continuing legal education annually. The four credit hours must be related to election or campaign finance law and must be certified by the Colorado Supreme Court.
  • SB 16-111 – Concerning Authorizing the Colorado Mounted Rangers as Certified Reserve Peace Officers, by Sen. Kent Lambert and Rep. Paul Lundeen. The bill creates the Peace Officer Authority Colorado Mounted Rangers Study Task Force. This task force must study and make recommendations regarding whether it is appropriate for the Colorado Mounted Rangers to receive peace officer standards and training.
  • SB 16-115 – Concerning an Electronic Filing System for Documents Recorded with a County Clerk And Recorder, and, in Connection Therewith, Creating the Electronic Recording Technology Board, which is an Enterprise; Authorizing the Board to Set an Additional Filing Surcharge for a Five-Year Period; Requiring Counties to Transmit the Proceeds of the Board’s Surcharge to the State for Deposit in a Cash Fund Administered by the Board; Requiring the Board to Make Grants from the Fund to Counties to Create, Maintain, Improve, or Replace Electronic Filing Systems; Establishing Reporting Requirements for the Board; Increasing a Local Filing Surcharge; and Making an Appropriation, by Sen. Beth Martinez Humenik and Reps. Dominick Moreno & Kathleen Conti. The bill creates the Electronic Recording Technology Board to issue revenue bonds.
  • SB 16-116 – Concerning the Creation of an Alternative Simplified Process for the Sealing of Criminal Justice Records Other than Convictions, and, in Connection Therewith, Making an Appropriation, by Sen. Michael Johnston and Reps. Pete Lee & Steve Lebsock. The bill provides a simplified process for sealing criminal justice records. Whenever a defendant is acquitted, completes a diversion agreement or a deferred sentence, or whenever a case against a defendant is dismissed, the court must give an eligible defendant the option to immediately seal criminal justice records. The defendant may make an informal motion in open court at the time of dismissal or acquittal or may later file a written motion.
  • SB 16-131 – Concerning the Management of Assets for Individuals, and, in Connection Therewith, Clarifying that a Fiduciary’s Authority is Suspended after a Fiduciary Receives Notice that a Petition for the Fiduciary’s Removal has been Filed, Protecting an Adult Ward or Protected Person’s Right to an Attorney Post-Adjudication, and Preventing a Fiduciary from Paying Court Costs or Fees from out of an Estate after Receiving Notice of an Action for the Fiduciary’s Removal, by Sen. Jack Tate and Reps. Dan Pabon & Yeulin Willett. The bill reorganizes and updates the probate code and laws governing the management of an individual’s assets. It clarifies when an unprobated will may be used as part of a proceeding and that judgment and decree will convey legal title as opposed to equitable title.
  • SB 16-140 – Concerning Certificates of Title Issued for Motor Vehicles Purchased from Motor Vehicle Dealers, by Sen. Jerry Sonnenberg and Rep. Tracy Kraft-Tharp. The bill provides an affirmative defense that a dealer has taken reasonable action to deliver or facilitate the delivery of the certificate of title within 30 days if the dealer has, at a minimum processed and mailed any required loan payoffs; contacted the prior lender and taken the necessary action to obtain the vehicle’s title or duplicate title, which must be free of liens; taken any action necessary to obtain information or signatures from the prior owner; submitted all paperwork that the dealer has obtained to the county clerk; and corrected any errors in any filings with the DOR in a reasonable amount of time.
  • SB 16-143 – Concerning a Reduction in Annual Liquor Licensing Fees for Specified Licensees, by Sen. Owen Hill and Rep. Dan Pabon. The bill changes the amounts for annual license fees for a distillery or rectifier manufacturer’s license and for a wholesaler’s liquor license.
  • SB 16-145 – Concerning an Alternative Mechanism for Creating a Subdistrict of the Colorado River Water Conservancy District, by Sens. Randy Baumgardner & Kerry Donovan and Reps. Dianne Mitsch Bush & Yeulin Willett. The bill provides an alternative method for the Colorado River Water Conservation District to form subdistricts.
  • SB 16-147 – Concerning Creating the Colorado Suicide Prevention Plan to Reduce Death by Suicide in the Colorado Health Care System, by Sens. Linda Newell & Beth Martinez Humenik and Rep. Brittany Pettersen. The bill establishes the Colorado suicide prevention plan within the Office of Suicide Prevention in the Colorado Department of Public Health and Environment. Through system-level implementation in the criminal justice and health care systems, the plan is intended to reduce suicide rates in Colorado.
  • SB 16-156 – Concerning Certain Legislative Oversight Committees, and, in Connection Therewith, Modifying the Manner in Which Members are Appointed to the Committees, Allowing Temporary Appointments to the Committees, and Specifying that the Chair and Vice-Chair of the Executive Committee of the Legislative Council Also Serve as Chair and Vice-Chair of the Legislative Council, by Sens. Mark Scheffel & Lucia Guzman and Reps. Crisanta Duran & Brian DelGrosso. Under current law, legislators are appointed to the Legislative Audit Committee, Committee on Legal Services, and the Legislative Council by either the President of the Senate or Speaker of the House and are approved by a majority of members in either the House of Representatives or the Senate. The bill specifies that the appointing authority for each of the three applicable committees may make appointments to temporarily replace a current committee member.
  • SB 16-163 – Concerning a Study of an Organizational Recoding of Title 12 of the Colorado Revised Statutes Governing Professions and Occupations, and, in Connection Therewith, Making an Appropriation, by Sen. Michael Johnston and Rep. Daniel Kagan. The bill requires the Office of Legislative Legal Services to study a recodification of Title 12 of the Colorado Revised Statutes, which contains state laws regulating professions and occupations. OLLS must solicit input, including estimates of the fiscal impact, from the Judicial Department, specified state agencies, local governments with regulatory authority, representatives of the regulated professions and occupations, and the public.
  • SB 16-164 – Concerning Clarification that a Private Probation Supervision Provider can File Legal Process Against a Probationer Under His or Her Supervision, by Sen. John Cooke and Rep. Pete Lee. The bill allows a private probation provider to issue a summons and file a complaint with the court for a defendant under his or her supervision.
  • SB 16-165 – Concerning the Requirements for an Insurance Company to be Deemed to Maintain a Home Office or Regional Home Office in This State for Purposes of the Tax on Insurance Premiums Collected by the Insurance Company, by Sen. Kevin Grantham and Rep. Dave Young. The bill expands the criteria that an insurance company may satisfy in order to qualify for a reduced insurance premium tax rate. Specifically, it removes the requirement that companies that maintain significant direct insurance operations perform specific operational functions in Colorado in order to qualify for the lower insurance premium tax paid by companies with home offices or regional home offices in Colorado.
  • SB 16-166 – Concerning the Creation of Transportation Fuel Distributors’ Tax Liens, by Sen. Laura Woods and Rep. Daniel Kagan. The bill allows a fuel distributor to file a lien against a fuel retailer for any unreimbursed gasoline and special fuel taxes that the distributor pays to the Department of Revenue. It also establishes the priority for the lien and requirements for filing and enforcing the lien.
  • SB 16-167 – Concerning a Reduction in the Severance Tax Occupational Fund Reserve for the 2016-17 Fiscal Year, by Sen. Kevin Grantham and Rep. Bob Rankin. Under current law, the reserve requirement for the Severance Tax Operational Fund for a given fiscal year is equal to total operating appropriations for Tier 1 programs and 15 percent of Tier 2 transfers. This bill reduces the portion of the reserve requirement based on the Tier 1 programs by $2.98 million for FY 2016-17 only.
  • SB 16-172 – Concerning the Election by a Person to Receive Electronic Notification of Certain Information from a County Relating to a Pending Property Tax Dispute, by Sen. Laura Woods and Reps. Max Tyler & Perry Buck. Under current law, a county board of equalization must mail notices of hearings and decisions to the petitioner’s who dispute property tax valuations made by the county assessor. This bill allows a board of county commissioners to pass ordinances allowing for notices of hearings for the abatement and refund of taxes, notices of hearings for petitions for appeal, and decisions related to these hearings to be emailed or faxed to the petitioner or the petitioner’s agent.
  • SB 16-173 – Concerning Authorization for Golf Cars to Cross State Highways in Order to Use a Local Road as Authorized by Local Authorities, by Sen. Rollie Heath and Rep. KC Becker. The bill allows a local authority to authorize a person driving a golf car on a local road to cross a state highway at an at-grade crossing in order to continue traveling on the local road.
  • SB 16-178 – Concerning the Grand Junction Regional Center Campus, by Sens. Kent Lambert & Andy Kefalas and Reps. Dave Young & J. Paul Brown. The bill directs the Department of Human Services, within the parameters of certain guiding principles related to relocating individuals receiving services on the campus to home-like settings of their choosing, to vacate the Grand Junction Regional Center campus and list the campus for sale no later than July 1, 2018.
  • SB 16-179 – Concerning Improvements to the Processes Used by the Department of Labor and Employment Regarding the Employment Classification of an Individual for Purposes of Unemployment Insurance Eligibility, and, in Connection Therewith, Making an Appropriation, by Sens. Ellen Roberts & Rollie Heath and Reps. Brian DelGrosso & Pete Lee. The bill directs the Colorado Department of Labor and Employment to develop guidance on and establish a position to serve as a resource for employers on the proper classification of workers for unemployment insurance purposes, audit findings, and options for appealing or curing an audit.
  • SB 16-180 – Concerning a Specialized Program Within the Department of Corrections for Certain Offenders who were Convicted as Adults for Offenses They Committed as Juveniles, and, in Connection Therewith, Making an Appropriation, by Sens. Laura Woods & Cheri Jahn and Reps. Daniel Kagan & Kim Ransom. The bill requires the Department of Corrections to create a specialized program for offenders who committed a felony as a juvenile and were sentenced as an adult.
  • SB 16-181 – Concerning the Sentencing of Persons Convicted of Class 1 Felonies Committed While the Persons Were Juveniles, by Sens. Laura Woods & Cheri Jahn and Reps. Daniel Kagan & Timothy Dore. The bill allows for juvenile offenders who were sentenced to a life sentence without the possibility of parole for a class 1 felony committed as a juvenile between July 1, 1990, and July 1, 2006, to petition the court for a resentencing hearing. It specifies factors that can be considered in order to make a finding of the presence of extraordinary mitigating circumstances, such as the offender’s age and maturity level at the time of the crime, and his or her capacity for rehabilitation.
  • SB 16-183 – Concerning a Clarification of the General Assembly’s Intent to Maintain the Public Utilities Commission’s Authority Over Basic Emergency Services while Prohibiting the Regulation of Internet-Protocol-Enabled Services by Defining the Term “Basic Emergency Service” in a Manner that is Consistent with Such Intent, and, in Connection Therewith, Making an Appropriation, by Sens. Mark Scheffel & Andy Kerr and Reps. Angela Williams & Polly Lawrence. The bill clarifies that the Public Utilities Commission in the Department of Regulatory Agencies has no regulatory authority over the originating service providers of basic emergency service.
  • SB 16-186 – Concerning Disclosure Requirements to be Applied to Small-Scale Issue Committees Under Colorado Law Governing Campaign Finance, and, in Connection Therewith, Making an Appropriation, by Sen. Jack Tate and Rep. Susan Lontine. The bill defines a small-scale issue committee as an issue committee that has accepted or made contributions or expenditures in an amount that does not exceed $5,000 during an applicable election cycle for the purpose of supporting or opposing any ballot issue or question. This bill amends the disclosure, reporting, and registration requirements for small-scale issue committees under the Fair Campaign Practices Act.
  • SB 16-197 – Concerning the Retail Sale of Alcohol Beverages, and, in Connection Therewith, Restricting the Issuance of New Liquor-Licensed Drugstore and Retail Liquor Store Licenses Except Under Specified Circumstances; Allowing Liquor-Licensed Drugstore and Retail Liquor Store Licensees to Obtain Additional Licenses Under Limited Circumstances; Repealing the Limit on the Alcohol Content of Fermented Malt Beverages on January 1, 2019; and Making an Appropriation, by Sen. Pat Steadman and Reps. Angela Williams & Dan Nordberg. The bill makes several changes to laws related to the licensing of liquor-licensed drugstores and retail liquor stores licensed with the Liquor Enforcement Division within the Department of Revenue. Click here to read the governor’s press release about this bill.
  • SB 16-199 – Concerning Programs of All-Inclusive Care for the Elderly, and, in Connection Therewith, Determining the Capitated Rate for Services and Creating an Ombudsman for Participants in Programs of All-Inclusive Care for the Elderly, and Making an Appropriation, by Sens. Ray Scott & Pat Steadman and Reps. Brian DelGrosso & Joann Ginal. The bill requires that contracts between the Department of Health Care Policy and Financing and organizations providing a program of all-inclusive care for the elderly include the negotiated monthly capitated rate for services. The rate must be less than the amount that would have been paid for services to the PACE participant under the regular Medicaid state plan if the person were not enrolled in PACE.
  • SB 16-208 – Concerning Maintaining the Same Funding Calculation for a Charter School that Converts from a District Charter School to an Institute Charter School or from an Institute Charter School to a District Charter School, by Sen. Owen Hill and Reps. Angela Williams & Lang Sias. The bill clarifies that if a district charter school converts to an institute charter school, or an institute charter school converts to a district charter school, the converted school’s funding is still calculated using the formula that applied to the school before the conversion.
  • SB 16-217 – Concerning Measures to Expedite the Litigation of Workers’ Compensation Claims, by Sen. Owen Hill and Rep. Angela Williams. The bill establishes new requirements concerning the reduction of workers’ compensation payments in cases that involve an admission of liability by an employer and propose to reduce the amount of compensation paid to a claimant.
  • SB 16-218 – Concerning Matters Related to State Severance Tax Refunds, by Sens. Kent Lambert & Pat Steadman and Reps. Millie Hamner & Bob Rankin. The bill addresses a severance tax refund obligation arising as a result of the Colorado Supreme Court’s April 25, 2016, decision in BP America v. Colorado Department of Revenue. The bill creates a mechanism for refunds of severance tax revenue to businesses, including businesses that revise their severance tax returns to claim additional tax deductions for tax years 2012 through 2015.

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

Pregnancy Accommodations Bill, CCB Transparency Bill, and More Signed by Governor

On Wednesday, June 1, 2016, Governor Hickenlooper signed 13 bills into law. To date, the governor has signed 217 bills this legislative session. Some of the bills signed Wednesday include a bill requiring employers to make reasonable accommodations for pregnant women, a bill to increase transparency of community-centered boards, a bill authorizing the sale of land for expansion of Fort Logan National Cemetery, and more. The bills signed Wednesday are summarized here.

  • HB 16-1187 – Concerning a Sales and Use Tax Exemption for Meals Provided in Certain Retirement Communities, by Rep. Tracy Kraft-Tharp and Sen. Chris Holbert. The bill creates sales and use tax exemptions for food and food packaging to be consumed by residents on the premises of a retirement community, which includes assisted living residences, nursing homes that provide continuous nursing care, and independent living facilities providing services to residents age 55 and older.
  • HB 16-1277 – Concerning the Appeal Process for Medical Assistance Benefits, and, in Connection Therewith, Making an Appropriation, by Reps. Susan Lontine & Lois Landgraf and Sens. Andy Kefalas & Ellen Roberts. The bill requires the Department of Health Care Policy and Financing to give Medicaid clients at least 10 days advanced notice prior to suspending, terminating, or modifying a client’s medical assistance benefits. The bill also extends the deadline to appeal for a client to appeal the intended action to 60 days after the date of notice, up from 30 days under current law.
  • HB 16-1280 – Concerning the Regulation of Air Ambulance Service, and, in Connection Therewith, Making an Appropriation, by Rep. Faith Winter and Sen. Kent Lambert. The bill gives the CDPHE authority to establish state-level licensing of air ambulances that allows for air ambulance operators to receive a license either by gaining accreditation through an approved organization or by meeting licensing standards established by the CDPHE and the State Board of Health.
  • HB 16-1387 – Concerning Health Insurance Coverage for Severe Protein Allergic Conditions, by Rep. Dianne Primavera and Sen. Laura Woods. Current law requires that health insurance plans provide coverage for medical foods for newborn children with inherited enzymatic disorders caused by single gene defects involved in the metabolism of amino, organic, and fatty acids. This bill adds coverage for severe protein allergic conditions and amino acid-based elemental formulas.
  • HB 16-1397 – Concerning the Completion of the Fitzsimmons State Veterans Community Living Center to Provide a Continuum of Residential Care Options, by Reps. Su Ryden & JoAnn Windholz and Sens. Mary Hodge & Larry Crowder. The bill repeals and reenacts the authority of the Department of Human Services to build a veterans community living center and assorted facilities on the site of the former Fitzsimons Army Medical Center and outlines the requirements for the construction and use of the facilities.
  • HB 16-1438 – Concerning the Provision of Reasonable Accommodations by an Employer for Persons Who Have a Condition Related to Pregnancy, by Rep. Faith Winter and Sen. Beth Martinez Humenik. The bill requires employers to engage in a timely, good-faith, interactive process when an employee or applicant requests reasonable accommodations related to pregnancy or physical recovery from childbirth. Reasonable accommodations may include the provision of more frequent or longer break periods; more frequent bathroom, food, or water breaks; acquisition or modification of equipment or seating; limitations on lifting; temporary transfer to a less strenuous or hazardous position or light duty, if available; assistance with manual labor; or modified work schedules, as long as certain conditions are met.
  • HB 16-1456 – Concerning the Sale of a Portion of Land at the Colorado Mental Health Institute at Fort Logan to the United States Department of Veterans Affairs for the Expansion of Fort Logan National Cemetery, by Rep. Susan Lontine and Sen. Larry Crowder. The bill authorizes the Department of Human Services to sell up to 15 acres of vacant land around the Colorado Mental Health Institute at Fort Logan to the United States Department of Veterans Affairs at fair market value for purpose of expanding the Fort Logan National Cemetery.
  • SB 16-027 – Concerning Allowing the Option for Medicaid Clients to Obtain Prescribed Drugs Through the Mail, and, in Connection Therewith, Reducing an Appropriation, by Sens. Beth Martinez Humenik & Nancy Todd and Reps. Dianne Primavera & Lois Landgraf. Under current law, only a limited number of Medicaid recipients may receive maintenance medication by mail order. This bill expands the option to receive a three-month supply of maintenance medication through the mail to all Medicaid recipients.
  • SB 16-038 – Concerning Measures to Promote the Transparency of Community-Centered Boards, and, in Connection Therewith, Making Certain Community-Centered Boards Subject to Performance Audits Undertaken by the State Auditor, Making All Community-Centered Boards Subject to the “Colorado Local Government Audit Law”, Expanding Public Disclosure of the Administration and Operations of the Community-Centered Boards, and Making an Appropriation, by Sen. Irene Aguilar and Reps. Dave Young & Lang Sias. The bill requires a community centered board (CCB) that receives more than 75 percent of its annual funding from federal, state, or local governments, or any combination thereof, to be subject to the Colorado Local Government Audit Act.
  • SB 16-158 – Concerning the Ability of a Physician Assistant to Perform Functions Delegated by a Physician that are Within the Physician Assistant’s Scope of Practice, by Sen. Kevin Lundberg and Rep. Dianne Primavera. The bill clarifies and expands the duties that a physician may delegate to a physician assistant within his or her scope of practice, including allowing a PA to issue certain statements verifying a medical condition, obtain Level I accreditation in workers’ compensation matters, and more.
  • SB 16-190 – Concerning Improving the Process for County Administration of Public Assistance Programs, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Pat Steadman and Rep. Bob Rankin. The bill establishes performance standards to improve the administration of the Supplemental Nutrition Assistance Program, including requiring DHS to contract with an external vendor to collect data regarding costs and performance of several public assistance programs.
  • SB 16-202 – Concerning Increasing Access to Effective Substance Use Disorder Services Through Designated Regional Managed Service Organizations, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Dave Young. The bill requires each managed service organization to assess the sufficiency of substance use disorder services for various populations in its geographic region, and to prepare a community action plan to address the most critical service gaps by March 1, 2017. The bill allows appropriations from the Marijuana Tax Cash Fund to support the implementation of MSO community action plans and to provide substance abuse treatment.
  • SB 16-212 – Concerning Aligning Changes Made to the Federal Child Care and Development Block Grant Reauthorization of 2014 to the Twelve-Month Eligibility Requirement of the Colorado Child Care Assistance Program, by Sen. Larry Crowder and Rep. Janet Buckner. The bill makes changes to align state law on eligibility for the Colorado Child Care Assistance Program with federal law. Specifically, if an eligible participant’s income rises above the level set by the county to deny child care assistance during the twelve-month eligibility period, the county must continue providing the child care subsidy until the next twelve-month redetermination period.

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

Bills Regarding Residential Drug Treatment for Probationers, Enhancing Cybersecurity, and More Signed

On Friday, May 20, 2016, Governor Hickenlooper signed seven bills into law. To date, he has signed 199 bills this legislative session. Some of the bills signed Friday include a bill to extend the transitional jobs program, a bill to allow persons on probation for any offense to engage in residential drug treatment, and a bill to increase state cybersecurity. The bills signed Friday are summarized here.

  • HB 16-1097 – Concerning Regulation of Medicaid Nonemergency Transportation Providers, and, in Connection Therewith, Making and Reducing an Appropriation, by Reps. Don Coram & Dominick Moreno and Sen. Ray Scott. The bill allows providers of non-emergency transportation to Medicaid clients to operate under a limited regulation permit from the Public Utilities Commission.
  • HB 16-1197 – Concerning a Requirement that State Agencies Implement a Program to Streamline the Granting of Occupational Credentials to Veterans Based on Military Training, and, in Connection Therewith, Making an Appropriation, by Reps. Terri Carver & Jovan Melton and Sens. Nancy Todd & Larry Crowder. The bill requires each state agency that certifies, licenses, or registers an occupation to publish a summary of pathways available to military veterans by evaluating the extent to which military training meets state requirements, identifying reciprocity mechanisms in other states, and determining if occupational examinations are available that authorize a veteran to practice; consult with community colleges and other post-secondary education institutions about courses or programs that fill the gap between military and civilian occupational training, and refresher courses for lapsed occupational training; and consider adopting a national credentialing examination.
  • HB 16-1267 – Concerning the “Colorado Veterans’ Service-to-Career Pilot Program”, and, in Connection Therewith, Creating a Grant Program Through the Department of Labor and Employment to Aid Work Force Centers in Supporting Veterans and their Spouses Seeking New Employment and Careers, and Making an Appropriation, by Reps. Pete Lee & Rhonda Fields and Sens. Laura Woods & Morgan Carroll. The bill creates the Colorado Veterans’ Service-to-Career Pilot Program. Through CDLE and in partnership with nonprofit agencies, workforce centers throughout the state may apply for grants to develop and expand career services for veterans, spouses, and eligible participants. Eligible participants include a veteran’s dependent child under age 27 and a veteran’s caregiver over age 18.
  • HB 16-1278 – Concerning Residential Drug Treatment for Persons on Probation, by Rep. Pete Lee and Sen. John Cooke. The bill allows the court to require a defendant to participate in drug treatment when sentenced to probation for any offense, rather than just drug offenses.
  • HB 16-1288 – Concerning the Creation of an Industry Infrastructure Grant Program Within the State Work Force Development Council, by Reps. Tracy Kraft-Tharp & Cole Wist and Sens. Jack Tate & Michael Merrifield. The bill creates the Industry Infrastructure Grant Program within the Colorado Workforce Development Council (CWDC). The purpose of the program is for the CWDC to partner with eligible nonprofit entities to develop industry competency standards to support businesses in their implementation of work site training programs.
  • HB 16-1290 – Concerning an Extension of the Transitional Jobs Program, and, in Connection Therewith, Making an Appropriation, by Reps. Daneya Esgar & Tracy Kraft-Tharp and Sens. Andy Kerr & Owen Hill. The bill extends the sunset of the transitional jobs program until June 30, 2022, and requires the Department of Human Services to stop offering transitional jobs after December 31, 2021.
  • HB 16-1453 – Concerning Measures to Enhance Cybersecurity, and, in Connection Therewith, Making an Appropriation, by Rep. Millie Hamner and Sen. Kent Lambert. The bill creates the Colorado Cybersecurity Council in the Department of Public Safety, which is to operate as a steering group to develop cybersecurity policy guidance for the Governor; develop comprehensive goals, requirements, initiatives, and milestones; and to coordinate with the General Assembly and the Judicial Department regarding cybersecurity.

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

Bills Concerning Depositions for At-Risk Persons, Immunity for Reported Overdoses, and More Signed

On Thursday, May 19, 2016, Governor Hickenlooper signed six bills into law. To date, he has signed 192 bills this legislative session. The bills signed Thursday include a bill to allow depositions of at-risk persons in criminal trials in which the at risk persons may not be available to testify, a bill repealing certain mandatory terms of incarceration, and more. The bills signed Thursday are summarized here.

  • HB 16-1027 – Concerning Depositions in Criminal Cases in Which an At-Risk Person May Not Be Available for Trial, by Rep. Jessie Danielson and Sens. Nancy Todd & Jerry Sonnenberg. The bill expands and streamlines the allowable use of recorded depositions for at-risk elders. Under the bill, upon receipt of a motion the court must schedule a recorded deposition within 14 days without further findings if the victim is an at-risk elder, defined as any person 70 years of age or older; however, the bill allows the defense to challenge the motion for recorded depositions of other at-risk adults.
  • HB 16-1227 – Concerning Exemptions from Child Support Enforcement Requirements as a Condition of Receipt of Child Care Assistance Under the Colorado Child Care Assistance Program, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Brian DelGrosso and Sens. Owen Hill & Larry Crowder. The bill specifies that a teen parent is not required to submit an application for child support establishment as a condition of receiving child care assistance. However, the county can require the parent to submit an application for child support establishment in order to receive child care assistance once they no longer qualify as a teen parent.
  • HB 16-1302 – Concerning the Alignment of the Colorado Statutes with the Federal “Workforce Innovation and Opportunity Act” Through the “Colorado Career Advancement Act,” by Reps. Crisanta Duran & Brian DelGrosso and Sen. Linda Newell. The bill changes the title of the “Colorado Workforce Investment Act” to the “Colorado Career Advancement Act.” It also clarifies the roles of specific entities in workforce development programs and removes statutory requirements made inapplicable by the federal act.
  • HB 16-1390 – Concerning Immunity for Certain Persons who Are Involved with a Reported Overdose Event, by Rep. Dominick Moreno and Sen. Lucia Guzman. The bill provides immunity from arrest for underage persons reporting alcohol or marijuana overdoses and extends immunity from arrest and prosecution to the underage person requiring medical assistance.
  • SB 16-072 – Concerning an Increase in the Maximum Total Amount of Annual Lease Payments Authorized for Lease-Purchase Agreements Entered into Under the “Building Excellent Schools Today Act”, and, in Connection Therewith, Making an Appropriation, by Sen. Andy Kerr and Reps. Alec Garnett & Jim Wilson. Currently under the Building Excellent Schools Today Act (BEST), the state may enter into lease-purchase agreements for public school facility capital construction projects, subject to the limitation that the maximum total annual amount of lease payments payable under these agreements does not exceed $80 million in a fiscal year. This bill establishes incremental caps on these lease payments.
  • SB 16-102 Concerning the Elimination of Mandatory Sentences to Incarceration for Certain Crimes, and, in Connection Therewith, Making and Reducing an Appropriation, by Sen. Andy Kerr and Rep. Dominick Moreno. The bill  removes the mandatory term of incarceration that must accompany convictions of certain types of second degree assault or violations of bail bond conditions.

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

Bills Updating Election Laws, Clarifying Tax Exemptions for Housing Authorities, and More Signed

On Wednesday, May 18, 2016, Governor Hickenlooper signed nine bills into law. To date, he has signed 186 bills into law this legislative session. The bills signed Wednesday include a bill to clarify the scope of tax exemption for housing authorities, a bill providing an exception to the prohibition against disclosing confidential mental health information when school safety is at risk, and more. The bills signed Wednesday are summarized here.

  • HB 16-1006 – Concerning Clarification of the Scope of the Exemption from Government Charges for Property Owned by or Leased to a Housing Authority or Owned by, Leased to, or Under Construction by an Entity that is Wholly Owned by an Authority, an Entity in Which an Authority has an Ownership Interest, or an Entity in Which an Entity Wholly Owned by an Authority or of Which an Authority is the Sole Member has an Ownership Interest, by Reps. KC Becker & Alec Garnett and Sen. Owen Hill. The bill clarifies that sales, use, and property tax exemptions apply to low-income housing property owned by or leased to any subsidiary of a housing authority.
  • HB 16-1063 – Concerning an Exception to the Prohibition Against Disclosing Confidential Communications with a Mental Health Professional when School Safety is at Risk, by Reps. Mike Foote & Crisanta Duran and Sens. Mark Scheffel & Bill Cadman. The bill allows a specified mental health professional tomake a disclosure if his or her client makes an articulable and significant threat to a school or its occupants or exhibits behavior that the professional deems to jeopardize the safety of students, teachers, administrators, or other school personnel.
  • HB 16-1101 – Concerning Medical Decisions for Unrepresented Patients, by Rep. Dave Young and Sen. Kevin Lundberg. The bill allows an attending physician to designate another willing physician to act as a patient’s proxy decision-maker for health care treatment under certain conditions. The attending physician cannot act as the proxy decision-maker.
  • HB 16-1228 – Concerning an Alternative Transfer Mechanism for Water Rights that Protects the Agricultural Use for which a Water Right was Originally Decreed while Permitting Renewable One-Year Transfers of a Portion of the Water Subject to the Water Right, by Reps. Jeni James Arndt & Jon Becker and Sens. Kerry Donovan & Jerry Sonnenberg. The bill allows the owner of an absolute decreed irrigation water right used for agricultural purposes to apply in water court to change the use of the water right to an agricultural water protection water right which is created by this bill.
  • HB 16-1394 – Concerning Clarifying Definitions Related to At-Risk Persons, by Rep. Dave Young and Sen. Kevin Grantham. The bill implements the recommendations of the at-risk adults with intellectual and developmental disabilities (IDD) mandatory reporting implementation task force, including changing definitions related to at-risk persons, expanding penalties for mistreatment of at-risk persons, and more.
  • SB 16-142 – Concerning Modernization of Election Law Provisions, and, in Connection Therewith, Correcting Statutory Citations, Updating Terms and Procedures to Reflect Modern Elections Administration, Conforming State Law to Federal Law, Eliminating Redundancies and Obsolete References and Practices, Harmonizing Durational Residency Requirements for Certain Local Government Elections, and Making an Appropriation, by Sen. Ray Scott and Rep. Su Ryden. The bill makes various changes and updates to election statutes.
  • SB 16-177 – Concerning Technical Modifications to Legislation Enacted in 2015 to Promote an Equitable Financial Contribution Among Affected Public Bodies in Connection with Urban Redevelopment Projects Allocating Tax Revenues, by Sens. Beth Martinez Humenik & Rollie Heath and Reps. Dickey Lee Hullinghorst & Polly Lawrence. The bill makes technical adjustments and clarifies recent legislation concerning urban renewal, urban renewal plans, and provisions for sharing tax increment financing among affected taxing entities.
  • SB 16-201 – Concerning Revising the Child Welfare Funding Mechanism, by Sen. Kevin Grantham and Rep. Dave Young. The bill requires the Department of Human Services to work with county departments of human services, residential treatment providers, the Department of Health Care Policy and Financing, and the Joint Budget Committee to review the rate-setting process for residential treatment programs serving youth in the child welfare system.
  • SB 16-211 – Concerning Contests to Specified Special District Elections that are Made on Grounds Relating to Elector Qualifications, and, in Connection Therewith, Imposing a Jurisdictional Bar on Contests of Certain Elections and Validating the Qualifications of Certain Actors when Timely Contests Challenging Those Qualifications Have Not Been Filed, by Sens. Bill Cadman & Mark Scheffel and Reps. Dickey Lee Hullinghorst & Crisanta Duran. For special district elections conducted prior to April 21, 2016, and on May 3, 2016, this bill prohibits contesting the results of the election on the grounds that any person voting at the election was not eligible to vote, except in limited circumstances, and the qualification of any person elected or appointed to a special district is validated and may not be contested.

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