May 2, 2016

e-Legislative Report: Week of April 11, 2016

legislationWelcome to another edition of the e-leg report. We’re nearing the halfway point at the capitol, and that means the state budget debate is at hand. A number of bills that the CBA is working are subject to appropriations – and only after the budget debate is settled will we know whether they are likely to be funded or not.

Feel free to drop me a line on how we are doing or raise an issue on a piece of legislation. Contact me atjschupbach@cobar.org.

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (“LPC”) is the CBA’s legislative policy making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association. Members are welcome to attend the meetings—please RSVP if you are interested.

LPC Meeting Update

Here is a quick rundown of the bills on which we have recently taken a position.

HB 16-1211 – Marijuana Transporter License

The bill creates a retail marijuana transporter license and a medical marijuana transporter license. The license is valid for five years. A licensed marijuana transporter (transporter) provides logistics, distribution, and storage of marijuana and marijuana products. A transporter may contract with multiple businesses and may also hold another marijuana license. A transporter must be licensed by December 31, 2017, in order to continue to operate. The bill describes the circumstances under which a business can terminate a contract with a transporter.

The Bar’s Cannabis Law Committee is currently monitoring and preparing comments on this bill. The bill is working through its first chamber and has been greatly amended from its original form. The Legislative Policy Committee has not taken action on this bill.

HB 16-1235 – Commissions Evaluating State Judicial Performance

The bill makes revisions to various functions of the state commission on judicial performance (state commission) and the district commissions on judicial performance (district commission), referred to collectively as the “commissions.”

This bill was postponed indefinitely (killed) in the House State, Veterans and Military Affairs Committee. The Colorado Bar Association had many concerns with the cost and operation of the bill.

HB 16-1270 – Security Interest Owner’s Interest In Business Entity

Under current law, the Uniform Commercial Code (Code) invalidates contractual limits on the transferability of some assets that can be subject to a security interest. In 2006, the Colorado Corporations and Associations Act (Act) was amended to clearly and broadly exempt an owner’s interest in a business entity from these Code provisions to effectuate the “pick your partner” principle that allows small businesses to control their ownership. Section 3 of the bill narrows the exemption in the Act to that necessary for “pick your partner,” and sections 1 and 2 codify this narrowed exemption in the Code.

This bill, part of a four bill package of business entities clean up acts, was supported by the Bar and has passed the House and Senate and is on its way to be signed by the Governor.

HB 16-1275 – Taxation Of Corporate Income Sheltered In Tax Haven

The bill pertains to an affiliated group of corporations filing a combined report. In a combined report filing, the tax is based on a percentage of the entire taxable income of all of the includable corporations, but the tax is assessed only against the corporation or corporations doing business in Colorado. Including more affiliated corporations in the combined report may result in an increase in income subject to tax.

There are jurisdictions located outside of the United States with no tax or very low rates of taxation, strict bank secrecy provisions, a lack of transparency in their tax system operations, and a lack of effective exchange of information with other countries. There are several common legal strategies for sheltering corporate income in such jurisdictions, often called “tax havens.”

Notwithstanding a current requirement in state law that those corporations with 80% or more of their property and payroll assigned to locations outside of the United States be excluded from a combined report, the bill makes a corporation that is incorporated in a foreign jurisdiction for the purpose of tax avoidance an includable C corporation for purposes of the combined report.

The bill defines a corporation incorporated in a foreign jurisdiction for the purpose of tax avoidance to mean any C corporation that is incorporated in a jurisdiction that has no or nominal effective tax on the relevant income and that meets one or more of five factors listed in the bill, unless it is proven to the satisfaction of the executive director of the Department of Revenue that such corporation is incorporated in that jurisdiction for a legitimate business purpose.

The bill requires the state controller to credit a specified amount per fiscal year to the state education fund to be used to help fund public school education.

The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2016 asking voters:

  • To increase taxes annually by the taxation of a corporation’s state income that is sheltered in a foreign jurisdiction for the purpose of tax avoidance;
  • To use the resulting tax revenue to help fund elementary and secondary public school education; and
  • To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR).

The Tax Law section of the CBA voted to oppose this bill, which was postponed indefinitely (killed) by the Senate State Affairs Committee. The Bar had concerns over the cost of vague language in the bill as well as the impact on the courts and judicial system.

HB 16-1310 – Operators Liable For Oil And Gas Operations

Under current law governing relations between surface owners and oil and gas operators, to prevail on a claim the surface owner must present evidence that the operator’s use of the surface materially interfered with the surface owner’s use of the surface of the land. The bill amends this requirement to allow proof that the operator’s oil and gas operations harmed the surface owner’s use of the surface of the land, caused bodily injury to the surface owner or any person residing on the property of the surface owner, or damaged the surface owner’s property.

The Legislative Policy Committee voted to oppose this bill because it upends the burden of proof responsibility. The bill has passed the House and is moving on to the Senate, where it will be heard by the Agriculture Committee.

HB 16-1331 – Policies On Juvenile Shackling In Court

The bill requires restraints on a juvenile to be removed prior to any court proceeding, except when the court determines the restraints are necessary:

  • To prevent physical harm to the juvenile or another person;
  • To prevent disruptive courtroom behavior by the juvenile, evidenced by a history of behavior that created potentially harmful situations or presented substantial risk of physical harm; or
  • To prevent the juvenile from fleeing the courtroom, when there is evidence of an escape history or other relevant factors.

The prosecution, sheriff, or any other detention or pretrial personnel may request that an individual juvenile be restrained in the courtroom. The court shall provide the juvenile’s attorney an opportunity to be heard before the court allows the use of restraints on a juvenile. The court may conduct a hearing on the use of restraints without the juvenile being present.

The CBA supports this bill as good policy and an extension of the efforts the courts have made this past year. While the courts need discretion, we believe this bill strikes the right balance for outlining the policies on how and when juveniles should be subject to shackling.

HB 16-1346 – Open Records Subject To Inspection Denial

The bill allows a custodian to deny access to confidential personal information records and employee personal e-mail addresses. The provisions of the Colorado Open Records Act (CORA) that relate to civil or administrative investigations and trade secrets and other privileged and confidential information apply to the judicial branch.

The Bar Association opposed this bill because of constitutional and separation of powers concerns regarding the relationship between the judicial and legislative branches of government. In addition, we believe that the PAIRR rules issued by the Chief Justice, which closely mirror the text of CORA, are better suited to meet the information needs of requesters while maintaining the integrity of judicial records.

HB 16-1394 -Aligning Issues Around At-risk Persons

The bill implements the following recommendations of the at-risk adults with intellectual and developmental disabilities mandatory reporting implementation task force:

  • Standardizing statutory definitions among the Colorado Criminal Code, adult protective services in the department of human services, and the office of community living in the department of health care policy and financing;
  • Specifying that enhanced penalties for crimes against an at-risk person apply to all persons 70 years of age or older and to all persons with a disability; and
  • Clarifying and expanding the definitions of persons who are required to report instances of mistreatment of at-risk elders or at-risk adults with an intellectual and developmental disability (adults with IDD).

The bill also:

  • Reduces the time in which a law enforcement agency or county department is required to prepare a written report from 48 hours to 24 hours;
  • Specifies that a county department of human or social services is to conduct an investigation of allegations of mistreatment of an at-risk adult; and
  • Clarifies that the human rights committee is responsible for ensuring that an investigation of mistreatment of an adult with IDD occurred.

The Colorado Bar Association opposed the bill as written, but is working with stakeholders to review amendments from other stakeholder groups. We are working with and talking with the sponsors frequently.

SB 16-130 – Methods To Collect Consumer Use Tax

Consumer use tax is the complement to sales tax and is due on the purchases of goods where the retailer did not charge sales tax. For example, any time consumers make an Internet purchase and the out-of-state retailer does not charge sales tax, the purchaser should pay the equivalent amount of sales tax as consumer use tax directly to the Colorado Department of Revenue (department). The department has added a use tax line to the 2015 individual income tax return form in an effort to make self-reporting of use tax more convenient for consumers.

The bill specifies that after the 2015 income tax year the department is not allowed to add use tax reporting lines to the individual income tax return form for any reason. The bill also prohibits the department from auditing any taxpayer for any amount he or she reported on the use tax lines included in the 2015 individual income tax return form.

The CBA is monitoring this bill and has sought permission to make changes to the bill to ensure that collecting use taxes is efficient.

SB 16-131 Overseeing Fiduciaries’ Management Of Assets

The bill clarifies statutory language concerning the removal of a fiduciary to ensure that a fiduciary’s authority is suspended as soon as a petition to remove the fiduciary is filed. The bill adds a provision to the conservatorship statutes stating that an adult ward or protected person has a right to be represented by a lawyer of their choosing unless the trial court finds the person lacks sufficient capacity to provide informed consent for representation by a lawyer. The bill states that after a fiduciary receives notice of proceedings for his, her, or its removal, the fiduciary shall not pay compensation or attorney fees and costs from the estate without an order of the court.

This bill rearranges the existing responsibilities for fiduciaries managing assets. It is a cleanup and reorganization of these statutes and adds the right to legal counsel for wards and protected persons. The bill is scheduled for committee later this week.

SB 16-133 – Transfer Of Property Rights At Death

Under current law, a certificate of death, a verification of death document, or a certified copy thereof, of a person who is a joint tenant may be placed of record with the county clerk and recorder of the county in which the real property affected by the joint tenancy is located, together with a supplementary affidavit. The bill removes the requirement that the person who swears to and affirms the supplementary affidavit has no record interest in the real property. The bill includes inherited individual retirement accounts and inherited Roth individual retirement accounts as property exempt from levy and sale under writ of attachment or writ of execution.

The bill amends provisions concerning determination-of-heirship proceedings, as follows:

  • Clarifies the definition of “interested person” so that anyone affected by the ownership of property may commence a proceeding;
  • Describes when an unprobated will may be used as part of a proceeding;
  • Clarifies notice requirements; and
  • Ensures that a judgment and decree will convey legal title as opposed to equitable title.

The bill enacts portions of section 5 of the Uniform Power of Appointment Act, with amendments.
This bill, the second part of the Colorado Bar Association’s probate reorganization bills, has passed the legislature and will be sent to the Governor shortly.

Bills that the LPC is monitoring, watching or working on can be found at this link:
http://www.statebillinfo.com/sbi/index.cfm?fuseaction=Public.Dossier&id=21762&pk=996

Residential Reconstruction Bill, Costs of District Health Agency Bill, and Bill Repealing Medicaid Claims Task Force Signed

On Tuesday, April 5, 2016, the governor signed three bills into law. To date, he has signed 73 bills into law this legislative session. The bills signed Tuesday include a bill to extend the time to complete residential reconstruction, a bill regarding the costs of district public health agencies, and a bill repealing the “Medicaid Clean Claims Task Force.” These three bills are summarized below.

  • SB 16-012 – Concerning the Authority of a Local Assessor to Grant Additional Time for a Landowner to Reconstruct Residential Improvements that were Destroyed by a Natural Cause, by Sen. Rollie Heath and Rep. Jonathan Singer. The bill allows residential property to maintain its property tax classification for an indefinite period of time if the county assessor finds the property owner is making a good faith effort to rebuild after a natural disaster.
  • SB 16-094 – Concerning the Shared Costs of a District Public Health Agency by the Counties in the District, by Sen. Larry Crowder and Rep. Ed Vigil. Currently, the largest county in a multi-county public health district must serve as treasurer and district costs must be apportioned based on population. The bill allows multi-county health districts with small populations more flexibility in choosing which county will act as treasurer and apportioning costs.
  • SB 16-127 – Concerning the Repeal of the “Medicaid Clean Claims Transparency and Uniformity Act,” by Sen. Jack Tate and Rep. Jeni James Arndt. The bill repeals the Medicaid Clean Claims Transparency and Uniformity Act, repeals all ongoing work of the Medicaid Clean Claims Task Force, and repeals the requirement that insurance companies bill using codes developed by the task force. Related statutory definitions are also repealed.

For a complete list of the governor’s 2016 legislative decisions, click here.

SB 16-026: Preventing Restriction of Communication Rights of Protected Persons

On January 13, 2016, Sen. Laura Woods introduced SB 16-026Concerning Personal Rights of Protected Persons, and, In Connection Therewith, Limiting the Ability of a Guardian or Conservator to Isolate a Protected Person. The bill was assigned to the Senate Judiciary Committee, where it was amended and referred to Appropriations.

The proposed bill provides that a guardian or conservator shall not restrict a protected person’s right of communication, visitation, or interaction with other persons. Unless a restriction is authorized by a court order, this includes the right to receive visitors, telephone calls, or personal mail. A court may issue such order restricting communications, visitations, or interactions if good cause can be shown by a guardian or conservator.

Additionally, an interested person, including the protected person, who has a reasonable belief that the guardian or conservator has violated the court order may move the court to do any one of the following: (1) require the guardian or conservator to grant a person access to the protected person; (2) restrict, or further restrict, a person’s access to the protected person; (3) modify the guardian or conservator’s duties; or (4) remove the guardian or conservator.

The proposed bill also provides that a guardian or conservator who knowingly isolates a protected person in violation of the law or a court order is subject to removal.

The bill also proposes certain instances in which the guardian or conservator must notify the protected person’s closest known family members or person designated by the protected person. These instances are: (1) if the protected person changes his or her residence; (2) if the protected person resides at a location other than his or her residence for more than 7 days; (3) if the protected person is admitted to a medical facility for acute care or emergency care; or (4) if the protected person dies.

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

DUI Victim Impact Panel Bill, Definition of Veteran Bill, and More Signed by Governor Hickenlooper

On Tuesday, March 22, 2016, Governor Hickenlooper signed nine bills into law. To date, he has signed 46 bills into law this legislative session. The bills signed Tuesday include a bill increasing the defendant’s cost for appearances before victim impact panels in DUI cases, allowing the state forest service to award grants for broadcast burns, conforming the Colorado statutory definition of “veteran” to federal law, creating an oversight committee for Colorado’s health benefit exchange, and more. The bills signed Tuesday are summarized here.

  • HB 16-1017 – Concerning Appearances Before a Victim Impact Panel, by Reps. Dan Pabon & Polly Lawrence and Sens. John Cooke & Michael Johnston. The bill increases the cost for appearances before a victim impact panel from $25 to $50.
  • HB 16-1019 – Concerning Increased Authority to Use Broadcast Burning as a Tool to Promote Watershed Restoration, by Rep. KC Becker and Sens. Matt Jones & Ellen Roberts. The bill allows the Colorado State Forest Service to award grants for broadcast burning.
  • HB 16-1026 – Concerning the Repeal of the Department of Revenue’s Revenue Impact Accounting Requirements Related to a Group of Bills Enacted in 2010, by Reps. Dan Thurlow & Tracy Kraft-Tharp and Sen. Chris Holbert. The bill repeals the requirement that the Department of Revenue provide quarterly reports about the fiscal impact of certain bills passed in the 2010 legislative session.
  • HB 16-1032 – Concerning Changes to the Content of a Criminal Summons, by Rep. Susan Lontine and Sens. Nancy Todd & John Cooke. The bill removes the requirement that summons and complaints for misdemeanors, petty offenses, and misdemeanor traffic offenses contain the defendant’s license plate number, driver’s license number, and a place to sign.
  • HB 16-1125 – Concerning Creating a Colorado Statutory Reference to Conform with the Federal Definition of “Veteran,” by Rep. Catherine Roupe and Sen. Randy Baumgardner. The bill recreates the definition of “veteran” in state law to conform with federal law and makes conforming amendments.
  • HB 16-1130 – Concerning Changes to Annual Reports Prepared by the Department of Education, by Rep. Kevin Priola and Sen. Mike Johnston. The bill changes the date on which the Office of Dropout Prevention in the Department of Education must submit a report from February 15 to March 15, starting in 2017 and continuing each year thereafter. The bill also removes requirements that the Department of Education submit to the General Assembly executive summaries of reports.
  • HB 16-1148 – Concerning the Oversight Authority of the Health Insurance Exchange Oversight Committee with Regard to Policies that Affect Consumers Proposed by the Health Benefit Exchange, by Rep. Lang Sias and Sens. Ellen Roberts & John Kefalas. The bill requires Colorado’s health benefit exchange, Connect for Health Colorado, to create and operate technical and advisory groups to report to Connect for Health Colorado’s Board on issues that affect consumers.
  • HB 16-1161 – Concerning the Allocation of Certain Money that Exceeds the Total Amount of All Warrants Issued by the State Treasurer to Reimburse Local Governmental Entities for Property Tax Revenues Lost as a Result of the Application of a Certain Property Tax Exemption, by Rep. Dave Young and Sen. Kent Lambert. The bill changes allocation of revenue from senior property tax exemptions so that five percent of the revenue will go to the Veterans Assistance Grant Program Cash Fund.
  • HB 16-1241 – Concerning a Supplemental Appropriation to the Department of Higher Education, by Rep. Millie Hamner and Sen. Kent Lambert. The bill provides a supplemental appropriation to the Department of Higher Education.

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

e-Legislative Report: February 16, 2016

Welcome e-leg report readers to this week’s installment of the world under the Gold Dome. As always, we welcome your feedback, thoughts, comments and questions. This news report is designed to keep you up to date on activities at the capitol that are of interest to the bar association and to lawyers across practice areas.

Feel free to drop me a line on how we are doing or raise an issue on a piece of legislation. Contact me at jschupbach@cobar.org.

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association. Members are welcome to attend the meetings; please RSVP if you are interested.

LPC Meeting Update

The following bills were discussed by the LPC. Other bills of interest from that agenda are tracked and updated below.

HB 16-1078 Local Government Employee Whistleblower Protection
The bill prohibits a county, municipality, or local education provider from imposing any disciplinary action against an employee on account of the employee’s statements to any person about the local government that the employee reasonably believes to show: a violation of a state or federal law, a local ordinance or resolution, or a local education provider policy; a waste or misuse of public funds; fraud; an abuse of authority; mismanagement; or a danger to the health or safety of students, employees, or the public. The bill permits an employee to file a written complaint with the office of administrative courts, for referral to an administrative law judge, alleging that a local government has imposed disciplinary action that violates this prohibition and seeking injunctive relief and damages. Employees who lose the administrative hearing may file a civil action in district court. The employee protection does not apply if the disclosure was false or made with reckless disregard for the truth or falsity thereof, or if it was of a protected public record or confidential information that was not reasonably necessary to show one or more of the identified circumstances. Administrative law judges are given jurisdiction to hear, determine, and make findings and awards on all these whistleblower cases. The director of the office of administrative courts is required to establish rules to govern these proceedings and hearings.
The LPC voted on the recommendation and request of the Government Counsel and Labor & Employment Law sections to oppose the bill.

HB 16-1154 Employer Definition Clarify Franchisee Status
The bill clarifies that the definition of “employer” only includes a person who possesses authority to control an employee’s terms and conditions of employment and actually exercises that authority directly. The bill specifies that a franchisor is not considered an employer of a franchisee’s employees unless a court finds that a franchisor exercises a type or degree of control over the franchisee or the franchisee’s employees not customarily exercised by a franchisor for the purpose of protecting the franchisor’s trademarks and brand.
The LPC voted to support the bill on the recommendation and presentation of the Franchise subsection of Business Law section.

HB 16-1232 Sunset DOR Private Letter Ruling & General Information Letter
Currently, the executive director of the department of revenue (department), or the executive director’s designee, is charged with issuing, on written request from a taxpayer, private letter rulings (binding determinations regarding the tax consequences of a proposed or completed transaction), and Information letters (nonbinding statements providing general information regarding any tax administered by the department). This duty is currently scheduled to sunset on September 1, 2016. The bill continues the requirement of the department to issue these letters until September 1, 2023. The bill also specifies that the department must track the total state full-time equivalent (FTE) personnel positions necessary and the hours dedicated by each FTE for the issuance, declination, modification, or revocation of all information letters or private letter rulings.
The LPC voted to support the bill and testify in favor of continuing the practice. The bill will be heard in committee next week.

SB 16-115 Electronic Recording Technology Board
The bill creates the electronic recording technology board (board) in the department of state. The board, which is authorized to issue revenue bonds, is established as an enterprise. So long as it constitutes an enterprise, the board is not subject to any provisions of section 20 of article X of the state constitution. The board sunsets in 6 years, but prior to that sunset, it is subject to a sunset review. The board is authorized to impose a surcharge of up to $2 on all documents that a clerk and recorder receives for recording or filing. If imposed, counties are required to collect the surcharge on behalf of the board and transmit it to the state treasurer for deposit in the newly created electronic recording technology fund (fund). The board is required to: develop a strategic plan incorporating the core goals of security, accuracy, sequencing, online public access, standardization, and preservation of public records; determine functionality standards for an electronic filing system that support the core goals; issue a request for proposal for electronic filing system equipment and software that will be available to counties on an optional basis; develop best practices for an electronic filing system; provide training to clerks and recorders related to electronic filing systems; and make grants to counties to establish, maintain, improve, or replace electronic filing systems for documents that are recorded with a clerk and recorder. In awarding grants, the board is required to give priority for grants to counties that do not have sufficient revenue from the surcharge proceeds to maintain their existing electronic filing systems. The money in the fund is continuously appropriated to the board to be used for these purposes. The bill repeals the secretary of state’s powers to ensure uniformity related to electronic filing systems, which powers become the board’s responsibility, and requires the department of state to prepare an annual report that is published online about the grants that the board made in the prior fiscal year. The bill also extends the one-dollar surcharge that a county clerk and recorder is currently required to collect and use for the county’s core or electronic filing system for 9.5 years. The definition of “electronic filing system” is expanded to include elements of the “core filing system,” which term is repealed.
The LPC voted on the recommendation of the Real Estate Section, which has been involved with the creation and drafting of the bill, to support the bill and testify in favor of its passage in committee.

SB 16-043 Student Loans Consumer Protections
The bill prohibits a private educational lender, as defined in the bill, from offering gifts to a covered educational institution, as defined in the bill, including public and private institutions of higher education, in exchange for any advantage or consideration related to loan activities or from engaging in revenue sharing. Further, the bill prohibits persons employed at covered educational institutions from receiving anything of  value from private educational lenders. The bill makes it unlawful for a private educational lender to impose a fee or penalty on a borrower for early repayment or prepayment of a private education loan and requires a lender to disclose any agreements made with a card issuer or creditor for purposes of marketing a credit card. The bill requires private educational lenders to disclose information to a potential borrower or borrower both at the time of application for a private education loan and at the time of consummation of the loan. The required disclosures are described in the bill and include, among other disclosures, the interest rate for the loan and adjustments to the rate, potential finance charges and penalties, payment options, an estimate of the total amount for repayment at the interest rate, the possibility of qualifying for federal loans, the terms and conditions of the loan, and that the borrower may cancel the loan, without penalty, within 3 business days after the date on which the loan is consummated.
The LPC voted to support this bill and to authorize the Juvenile Law section to testify in its favor in committee. This bill would help graduating lawyers, and future graduates, with the debt burden of school.

SB 16-084 Uniform Substitute Health Care Decision-making Documents
Colorado Commission on Uniform State Laws. The bill adopts, with amendments, the “Uniform Recognition of Substitute Health Care Decision-making Documents Act” as Colorado law. The bill establishes the circumstances under which a substitute health care decision-making document (document) is valid in this state. A person may assume in good faith that a document is genuine, valid, and still in effect and that the decision-maker’s authority is genuine, valid, and still in effect. A person who is asked to accept a document shall do so within a reasonable amount of time. The person may not require an additional or different form of document for authority granted in the document presented. A person who refuses to accept a document is subject to a court order mandating acceptance of the document and liability for reasonable attorney’s fees and costs incurred in an action or proceeding that mandates acceptance of the document. A person is not required to accept a document under certain described conditions.
The LPC voted to remain neutral on the bill, while authorizing the Health Law section to testify as to the specific concerns it raised in the context of medical practices.

SB 16-047 No Detention For Juveniles Who Are Truant
The bill prohibits a juvenile detention facility from receiving or providing care for a juvenile who violates a court order to attend school unless the juvenile is also adjudicated for a delinquent act and remains under the jurisdiction of the juvenile court for committing the delinquent act.
The LPC is concerned that the bill, by precluding a court from enforcing its own orders, is likely unconstitutional, and does not allow the judicial branch to complete the requirements and reports that were created by SB 15-184.

SB 16-103 Canadian Domestic Violence Protection Order Enforcement
Colorado Commission on Uniform State Laws. The bill enacts the “Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act” as recommended by the national conference of commissioners on uniform state laws. The bill allows a peace officer to enforce a Canadian domestic violence protection order. The bill allows a court to enter an order enforcing or refusing to enforce a Canadian domestic violence protection order. The bill provides immunity for a person who enforces a Canadian domestic violence protection order.
The LPC voted to support this bill on the recommendation of the Family Law section.

Updates regarding bills the CBA is currently focused on:

HB 16-1145 Documentary Fee For Residential Real Property
The CBA was able to propose an amendment to the bill that moved us to “neutral” on this bill. It will be heard in committee this week.

SB 16-013 Clean-up Office Of The Child Protection Ombudsman
This sponsor has agreed to remove the language that the CBA was concerned about. With this amendment, the CBA can officially monitor the bill going forward.

SB 16-071 Revised Uniform Athlete Agents Act 2015
The LPC asked that this bill be reviewed for comment by the Lawyers Professional Liability Committee. Once that review is complete, the LPC will revisit the act.

SB 16-088 Revised Uniform Fiduciary Access To Digital Asset Act
The CBA voted to support the bill as written and is monitoring the bill for any additional amendments that may impact it.

New Bills of Interest

These are a few new bills recently introduced. They have been sent to CBA sections for review and comment. If you have any questions about these or any other bills, please drop me a line. I’m happy to help you however I can.

SB 16-120 Review By Medicaid Client For Billing Fraud
The bill requires the department of health care policy and financing (department), by a certain date, to develop and implement an explanation of benefits for medicaid recipients. The purpose of the explanation of benefits is to inform a medicaid client of a claim for reimbursement made for services provided to the client or on his or her behalf, so that the client may discover and report administrative or provider errors or fraudulent claims for reimbursement. The bill specifies certain information that must be included in the explanation of benefits. Specifically, the explanation of benefits must include information regarding at least one method for a medicaid client to report errors in the explanation of benefits. The department shall work with medicaid clients and medicaid advocates to develop an explanation of benefits and educational materials that are understandable to medicaid clients. The explanation of benefits must be sent to clients not less than bimonthly, and the department shall determine the most cost-effective means for producing and distributing the explanation of benefits, which means may include e-mail or distribution with existing communications to clients.

HB 16-1258 Court Clerks Posting Of Service
Under current law, if a respondent in a domestic relations action cannot be personally served and is served by publication, the clerk of the court is required to post a copy of the process on a bulletin board in his or her office for 35 days after the date of publication. The bill gives the clerk the option of posting the service online on the court’s website rather than on a bulletin board.

HB 16-1261 Retail Marijuana Sunset
Sunset Process—House Finance Committee. The bill implements the following recommendations from the sunset report for the retail marijuana program: extending the retail marijuana code until September 1, 2019; stating that regulation of labeling, packaging, and testing is a matter of statewide concern; and repealing the following provisions from the retail marijuana code: the requirement that a licensee post a surety bond as condition of licensure; the requirement that the executive director deny a license based on a previous denial at the same location; the proscription on the placement and sale of marijuana-themed magazines; and the authority to promulgate rules prohibiting misrepresentation and unfair practices. The bill creates two new retail marijuana licenses, a retail marijuana transport license and a retail marijuana operator license, and gives the state licensing authority rulemaking authority over those licenses. The bill conforms language in the retail marijuana code to language in the medical marijuana code related to mandatory testing, the confidentiality of licensee information, and limited access areas.

Run, Walk, Roll, and Fundraise for Disability Law Colorado

colfaxmarathonJoin the Disability Law Colorado team for the Colfax Marathon weekend for fun in the sun! We race to ensure that people with disabilities and older people receive the same civil rights people without disabilities do — living in the community, working at a meaningful job, going to school, and enjoying Colorado’s vast recreational opportunities.

This year’s Colfax Marathon will be May 14-15, 2016. The Colfax Marathon offers several opportunities for runners of different abilities — there is a full marathon, a half marathon, an Urban 10-Miler, a marathon relay race where five people run distances ranging from 3.9 to 6.4 miles, and a Colfax 5K. Any of these races can be run to support Disability Law Colorado — just choose “Run for a Nonprofit” before you register and select Disability Law Colorado.

Not up for a full marathon? Or even a half? That’s okay, you can do a leg of the marathon relay! If you don’t have a full team, contact Julie Busby at 303-722-0300, x507 or jbusby@disabilitylawco.org, and she will help connect you to other runners.

We race to make a difference! Register and join our team at www.runcolfax.org, or get more information by calling Julie Busby at 303-722-0300, x507. Learn more about Disability Law Colorado and how we help by visiting www.disabilitylawco.org.

Disability-Law-CO-Colfax-Marathon_Page_1

e-Legislative Report: 2/3/2016

Editor’s Note: Yesterday, we erroneously published an e-Legislative Report from 2015. The current e-Legislative Report is below. We apologize for the confusion.

e-Legislative Report

Hello loyal e-leg report readers, here is this week’s installment of the world under the Gold Dome; as always, we welcome your feedback, thoughts, comments and questions.  This news report is designed to keep you up to date on the activity of interest to the bar, and to lawyers across practice areas that are happening at the Capitol.

Things move pretty fast this time of year, and we’re off to a busy start – the legislature has released over 300 bills for consideration, committees are meeting and negotiations and amendments are happening hundreds of times a day.  The capitol is humming for sure!

Feel free to drop me a line on how we are doing or raise an issue on a piece of legislation. Contact me at jschupbach@cobar.org

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (“LPC”) is the CBA’s legislative policy making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association.  Members are welcome to attend the meetings – please RSVP if you are interested.

LPC Meeting held Friday, January 29, 2016

The following bills were discussed at the LPC last week.  Other bills of interest from that agenda are tracked and updated below.

SB 16-013 Concerning Statutory Changes Related to the Office of the Child Protection

The bill addresses several items in the statutes relating to the office of the child protection ombudsman (office), including:

Clarifying that the child protection ombudsman board’s (board) duties are advisory only;  Shifting the responsibility for accountability in policies and procedures from the board to the office; Clarifying that the ombudsman cannot be subpoenaed by independent parties to testify in personal custody proceedings; and Removing the statutory requirement for an audit of the office by the office of the state auditor but leaving it at the discretion of the legislative audit committee to request such an audit at a future date.

The CBA – through the Legislative Policy Committee is seeking to amend this bill to restore the ability to subpoena the Ombudsman.  This is an important part of the process, and a vital step to access to data that might be otherwise unavailable.

HB 16-1085 Concerning Simplifying the Process for Returning to a Proper Name after Decree of Dissolution

Under current law, a party to a divorce or legal separation may request in the petition that his or her prior name be restored as part of the decree of dissolution or legal separation. This process to restore a prior name does not involve a background check or publication of the name. However, if the party does not change his or her name at the time the decree of dissolution or legal separation is entered, he or she must follow the procedures for a name change under civil law that include a fingerprint-based background check and publication of the name.

Subject to certain conditions, the bill permits a party to a dissolution or legal separation action to request the restoration of his or her prior full name by filing a motion in the court that granted the divorce or legal separation. The ex-parte motion does not require notice to the other party to the divorce or legal separation. The bill includes the requirements for filing the motion and the conditions under which the court must grant the motion.
The bill also clarifies that the provisions of the adult name change statute do not apply to a party to a dissolution or legal separation action who requests restoration of a prior name pursuant to the new statute.

The CBA supports this legislation. We are working with the sponsor with respect to an amendment that would require notice be given to the other party in the dissolution.

Bills that the LPC is monitoring, watching or working on can be found at this link:

http://www.statebillinfo.com/sbi/index.cfm?fuseaction=Public.Dossier&id=21762&pk=996

@ the Capitol – These are the bills we are focused on:

HB 16-1051 Forms To Transfer Vehicle Ownership Upon Death

On and after the effective date of the bill, the department of revenue (department) shall make available a beneficiary designation form (form) that allows the owner or joint owners of a vehicle to arrange to transfer ownership of the vehicle to a named beneficiary upon the death of the owner or upon the death of all joint owners of the vehicle. Upon the death of the owner or of the last surviving joint owner, the beneficiary may present the form to the department and request a new title of ownership of the vehicle in the beneficiary’s name. The request must be accompanied by: Proof of the death of the vehicle’s owner or proof of the death of the last surviving joint owner of the vehicle; and the statutory fee for an application for a certificate of title.

Upon the presentation of a properly executed and notarized form and the accompanying documents and fee, the department, subject to any security interest, shall issue a new certificate of title to the beneficiary.

The transfer of ownership of a vehicle via a form is not considered testamentary and is not subject to the provisions of the “Colorado Probate Code”.
The CBA is working with the sponsor and other attorneys to ensure that the intent of the bill is harmonized with existing laws, and that it will work well once enacted into law.

HB 16-1077 Recreate Statutory Revisions Committee

The statutory revision committee created in 1977 and repealed in 1985, was a standing body tasked with making an ongoing investigation into statutory defects and anachronisms. The bill recreates the committee.  The recreated committee is comprised of 8 members, with the majority and minority party leaders of each chamber of the general assembly appointing 2 members of those bodies. The committee is staffed by the office of legislative legal services, and is charged with: Making an ongoing examination of the common law and statutes of the state and current judicial decisions for the purpose of discovering defects and anachronisms in the law and recommending needed reforms; Receiving, soliciting, and considering proposed changes in the law from legal organizations, public officials, lawyers, and the public generally as to defects and anachronisms in the law; Recommending legislation, from time to time, to effect such changes in the law as it deems necessary in order to modify or eliminate antiquated, redundant, or contradictory laws; and Reporting its findings and recommendations from time to time to the committee on legal services and annually to the general assembly.

The CBA is working with the Sponsors to offer amendments to shape the scope and membership of this committee.  We believe that the members and expertise of the Bar Association can provide value to the committee upon enactment, and into the future, should the bill pass.

HB 16-1145 Documentary Fee For Residential Real Property

Currently, a person filing a real property conveyance document with a county clerk and recorder must pay a documentary fee if the consideration for the conveyance is more than $500. The amount of the fee is based on the consideration paid, which is the total sales price to the purchaser, unless there is evidence of a separate consideration paid for personal property.

For purposes of the documentary fee, the bill changes the determination of the consideration paid for the grant or conveyance of residential real property as follows: Eliminates any reduction for a separate consideration paid for personal property from the total sales price; Generally requires the consideration amount listed on the grant or conveyance document to be used to determine the documentary fee; and If there is no consideration amount or the amount listed on the grant or conveyance document is $500 or less, and there is a related declaration filed, then the total sales price listed on the declaration is used to determine the documentary fee.  The bill also specifies that, unless indicated as commercial or industrial real property at the time of recording, a grant or conveyance is deemed to be of residential real property for the purpose of determining the documentary fee.

The CBA has significant concerns about this bill and the effects it will have upon real property transactions across the state.  We have been working with the stakeholders and sponsors to try and improve the bill, and to try and find a solution to the documentary fee challenges, but without harming other important aspects of property transactions.

SB 16-026 Personal Rights Of Protected Persons

A guardian or conservator shall not restrict a protected person’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail, unless such restrictions are authorized by a court order.  A court may issue an order restricting the communications, visitations, or interactions that a person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue such an order, the court shall consider certain factors.  An interested person, including the protected person, who reasonably believes that a guardian or conservator has violated a court order or abused his or her discretion in restricting a protected person’s right of communication, visitation, or interaction with other persons may move the court to: Require the guardian or conservator to grant a person access to the protected person; Restrict, or further restrict, a person’s access to the protected person; Modify the guardian or conservator’s duties; or Remove the guardian or conservator.
A guardian or conservator who knowingly isolates a protected person in violation of law or a court order is subject to removal. With certain exceptions, a guardian or conservator shall promptly notify a protected person’s closest known family members and any person designated by the protected person to be notified in the event that the protected person: Changes his or her residence; Resides at a location other than the protected person’s residence for more than 7 days; Is admitted to a medical facility for acute care or
emergency care; or Dies.

The CBA supports the intent and purpose of this legislation.  We offered testimony that outlined our belief that this was a significant bill, outlined some concerns we had for how the bill might not work well with existing statute, and reaffirmed our commitment to continuing our work with the sponsor.

New Bills of Interest

These are a few of the new bills.  They have been sent to our Sections for review and comment.  If you have any questions about these – or any other bills at the legislature, please drop me a line and I’m happy to help you however I can.

HB 16-1115 Prohibition of Sealing Municipal Domestic Violence Convictions

Under current law, conviction records related to municipal offenses are eligible for record sealing. The bill prohibits sealing a municipal assault or battery conviction or any other municipal conviction, if the conviction involves the underlying factual basis of domestic violence.

HB 16-1117 Electronic Recording for Certain Custodial Interrogation

The bill requires all law enforcement agencies to have audio-visual recording equipment available and policies and procedures in place for preserving custodial interrogations by January 1, 2017. A peace officer must record custodial interrogations occurring in a permanent detention facility if the peace officer is investigating a class 1 or 2 felony or a felony sexual assault. A peace officer does not have to record the interrogation if: the defendant requests that the interrogation not be recorded and the defendant’s request is preserved by electronic recording or in writing; The recording equipment fails; The recording equipment is unavailable, either through damage or extraordinary circumstances; Exigent circumstances related to public safety prevent recording; or The interrogation takes place outside of Colorado.

The court may admit evidence from a custodial interrogation that is not recorded. When offering evidence from an unrecorded interrogation, if the prosecution shows by a preponderance of the evidence that one of the exceptions apply or that the evidence is offered as rebuttal or impeachment evidence, the court may admit the evidence without a cautionary instruction. If the prosecution does not meet that burden, the court shall issue a cautionary instruction to the jury after admitting the evidence.

HB 16-1154 Employer Definition Clarify Franchisee Status

The bill clarifies that the definition of “employer” only includes a person that possesses authority to control an employee’s terms and conditions of employment and actually exercises that authority directly. The bill specifies that a franchisor is not considered an employer of a franchisee’s employees unless a court finds that a franchisor exercises a type or degree of control over the franchisee or the franchisee’s employees not customarily exercised by a franchisor for the purpose of protecting the franchisor’s trademarks and brand.

Top Programs and Homestudies — Intellectual Property, Elder Law, Immigration, and More

Over the past few weeks, we have been featuring the Top Ten Programs and Homestudies in various practice areas. Previous posts include:

Although we addressed several substantive practice areas, we offer many more great programs not featured on the previous Top Ten lists. These are discussed today.

Intellectual Property The Annual Rocky Mountain Intellectual Property & Technology Institute is the region’s premier event for IP lawyers. The 2015 Institute featured four simultaneous tracks of sessions for attorneys, covering patents and patent litigation, trademarks/copyrights, licensing, and transactional/e-commerce. As a bonus, Odyssey Beerwerks in Arvada donated custom brews for the 2015 Institute. The 2016 IP Institute is scheduled for June 2 and 3, 2016, at the Westin Westminster. Click here for more information about the IP Institute and the 2016 conference agenda.

Elder Law Colorado CLE presents an annual mountain program for elder law practitioners, the Annual Elder Law Retreat. The 2015 Retreat, held in beautiful Snowmass, discussed social security issues, including maximizing benefits; trends in VA, including special programs and applications for long-term care; atypical beneficiary requests; financial exploitation of the elderly; long-term care planning; and much more. The dates for the 2016 Retreat have not yet been announced; stay tuned to cle.cobar.org/elder for details.

Immigration — In addition to the comprehensive reference book, Immigration Law for the Colorado Practitioner, Colorado CLE offers several great immigration programs each year. Most recently, the CBA Immigration Law Section co-sponsored the program, “Immigration Law — Asylum and Other Humanitarian Relief,” which covered U visas, T visas, VAWA, special immigrant juvenile status, asylum law, and more. Find this and other important immigration law programs here.

Alternative Dispute Resolution Colorado CLE offers many great ADR programs, but the flagstone event is the 40-hour Mediation Training. This five day live program, taught by renowned mediator Judy Mares-Dixon, presents an in-depth guide to mediation as well as several breakout sessions to practice mediation skills. The 40-hour Mediation Training will occur on January 18, 19, 20, 25, and 26, 2016. Space is limited so register today.

Workers’ Compensation — Each year, the CBA Workers’ Compensation Section co-sponsors two annual events: the Workers’ Compensation Fall Update and the Workers’ Compensation Spring Update. Topics vary from year to year but each program features case law updates and news from the Division. In addition, many times medical professionals will provide education on particular types of injuries, including psychological injuries. More information about CLE’s workers’ compensation offerings can be found here.

Health Law — Two years ago, Colorado CLE began offering an annual Health Law Symposium, co-sponsored by the CBA Health Law Section and the American Health Lawyers Association. This program offers an exceptional speaker lineup of nationally recognized health law experts focused on current issues in health law of interest and concern to practicing attorneys in the rocky mountain. Topics discussed at the 2015 Health Law Symposium include discussion of the Affordable Care Act, franchising in the health care industry, HIPAA and meaningful use, antitrust rules in the provider context, and more.

Juvenile Law Although many family law programs cover topics of interest to juvenile law practitioners, this important practice area also has its own programming. Each year, Colorado CLE presents a juvenile law update, co-sponsored by the CBA Juvenile Law Section. The 2016 Juvenile Law Program, “Ethics! Ethics! Ethics!,” is scheduled for April 1, 2016, with a focus on—you guessed it—ethics. Topics covered include implicit bias, social media, ethical challenges in juvenile defense, and more. Click here to register.

Solo/Small Firm — This technically is not a practice area, but there are myriad issues that solo practitioners face while running a law business that their biglaw counterparts do not. The Solo and Small Firm Section of the CBA puts on great programming throughout the year, including topical lunches, and hosts monthly networking meetings, the Solo in Colo blog, and much more. For information on joining the Solo and Small Firm Section, click here.

If you don’t see your practice area listed here or on the previous Top Ten posts, please let us know. If you are interested at speaking at an event in your practice area, we would love to hear from you. Contact us today!

Top Ten Trust & Estate Programs and Homestudies

We have been featuring the Top Ten Programs and Homestudies in several practice areas on Legal Connection—earlier this week, we featured the Top Ten Ethics Programs and Homestudies and the Top Ten Family Law Programs and Homestudies. We will continue to feature substantive areas of law through the rest of December so stay tuned. And now, for the Top Ten Trust & Estate Programs and Homestudies. Drumroll, please:

10. Trust and Estate Topical CLE Luncheons. Each month on the first Tuesday of the month, the CBA Trust and Estate Section presents a topical lunch program highlighting a particular area of trust and estate law. They feature great topics, including “Marijuana in Estate Planning and Administration,” “Gun Trusts,” “Estate Planning During Divorce,” “Special Needs Trusts,” “Medicaid Recovery,” and more. Typically one general credit each; available as MP3 audio download or Video OnDemand.

9. 30 Cases Every Trust & Estate Lawyer Should Know. Did you think of any cases when you saw this title? They were probably featured in this program. Spencer Crona explained the holdings and provided analysis and key insights for 30 important cases in trust and estate law. This is a great way to stock your legal toolkit. Two general credits; available as MP3 audio download and Video OnDemand.

8. Trusts in Divorce Property Divisions. This program, equally valuable to family law and trust and estate practitioners, considers important issues to evaluate when there is a trust in a divorce property division. Attendees receive an electronic copy of Marc Chorney’s book, Trusts in Divorce Property DivisionsTopics discussed at the program included valuation issues, whether beneficiary withdrawal rights are property, approaches to allocation, the dissipation doctrine and trust interests, and more. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

7. Gifts to Minors. There are many reasons people make gifts to minors, including setting up college savings accounts, reducing estates for tax purposes, or making gifts to children and grandchildren. These reasons and more are covered in “Gifts to Minors.” Learn from Laurie Hunter and Kaylynn Hemlock as they discuss the Colorado Uniform Transfers to Minors Act, 529 savings plans, Crummey trusts, § 2503(c) trusts, and more. Attendees receive an electronic copy of Laurie Hunter’s book, Gifts to Minors. Three general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

6. Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration. Former probate judge James Wade presented this informative program about his book, Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration, which is included with course materials in PDF format. Topics covered include standing to sue, federal court jurisdiction, the directed trustee statute, case law developments regarding spousal elective share, sham trusts, and much more. Attendees receive an electronic copy of the book. Four general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Advanced Estate Planning Symposium with Ted Atlass. National speaker Ted Atlass returned to CLE to present this program on advanced topics in estate planning. Sessions included planning to minimize Colorado or other state income taxes on trusts, trusts as retirement plan beneficiaries, what to do when your client loses capacity, estate planning for non-traditional families, and estate planning issues with marital agreements. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

4. Estate Planning Basic Skills/Estate Administration Basic Skills. Each of these programs is held every other year to provide attorneys the fundamentals of estate planning and administration. Estate Planning Basic Skills, which will occur on February 26 and 27, 2016, will discuss the initial client interview, planning and drafting of documents, planning for disability, small estates, use of life insurance, traps to avoid, and much more. Estate Administration Basic Skills, which occurred on February 20, 2015,  covered rights of the surviving spouse and family, income tax issues, real estate matters, ethics and advising fiduciaries, creditors’ claims, and more. Estate Administration Basic Skills — seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand. Estate Planning Basic Skills — fourteen general credits, including one ethics credit; available as live program and webcast, and as CD homestudy, MP3 audio download, and Video OnDemand after the program.

3. Estate Planning with Retirement Assets — Trust & Estate Spring Update 2015. Retirement funds are a common asset considered in estate planning, and this program provided an overview of considerations for using retirement funds in estates. Topics covered include definitions of common terms, such as minimum required distributions and designated beneficiaries, designating trusts as beneficiaries of retirement assets, post-death planning, directed IRAs, and more. Six general credits; available as CD homestudy, MP3 audio download, and Video OnDemand

2. Understanding Benefits — Trust & Estate Fall Update 2015. Estate planning with consideration of benefit eligibility is an important tool for practitioners. This program discussed planning for Medicaid, Medicare, Social Security Income, and VA compensation, as well as implications for nursing home placement and planning for ethical implications. Six general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: The Trust & Estate Fall Update is repeated annually with different themes. Click here for the 2014 program and click here for the 2013 program.

1. 36th Annual Estate Planning Retreat. Each year, Colorado’s trust and estate attorneys gather for a fun weekend of CLE in a beautiful location. The 2016 Estate Planning Retreat will be June 9-11, 2016, in spectacular Snowmass. Highlights for the 2016 Retreat include discussions of international estate planning, case law and legislative updates, unconscious bias in estate planning, “bullet proof” will drafting, tax issues, and more. Registration is not yet open for the 2016 Retreat; visit http://cle.cobar.org/estateplanningretreat for updates.

Comment Period Open for Proposed Changes to Colorado Rules of Probate Procedure

The Colorado State Judicial Branch announced the proposed repeal and reenactment of the Colorado Rules of Probate Procedure. The proposed changes involve reordering and renumbering of the rules, with several reserved spots for future rules.

A redline of the proposed changes is available here. Comments regarding the changes may be emailed to the clerk of the Colorado Supreme Court, Christopher Ryan, at christopher.ryan@judicial.state.co.us, or they may be mailed or delivered to the courthouse at 2 E. 14th Ave., Denver, CO 80203. The comment period will end at 5 p.m. on December 1, 2015. Written comments will be posted on the State Judicial website after the comment period closes.

For more information, visit the Adopted & Proposed Rule Changes page of the Colorado Supreme Court website.

Final Bills of 2015 Legislative Session Signed; Three Sent to Secretary of State Without Signature

CapitolbuildingOn Friday, June 5, 2015, Governor Hickenlooper signed 60 bills into law and allowed three bills to become law without a signature. To date, Governor Hickenlooper has signed 362 bills into law, vetoed three bills, and allowed three to become law without a signature. The bills signed Friday are summarized here.

  • SB 15-011 – Concerning the Pilot Program for Persons with Spinal Cord Injuries Relating to the Use of Complimentary and Alternative Medicine, and, in Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Dianne Primavera. The bill continues the Medicaid Spinal Cord Injury Alternative Medicine Pilot Program and expands the program so it can serve additional clients.
  • SB 15-090Concerning the Adoption of Standards Governing Temporary Permits on Motor Vehicles for Effective Readability, and, in Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Max Tyler. The bill requires that temporary motor vehicle plates meet the same requirements regarding readability as permanent plates.
  • HB 15-1310 – Concerning the Authority of the Division of Parks and Wildlife to Acquire Real Property for their Garfield County Administrative Office and Public Service Center, and, in Connection Therewith, Making an Appropriation, by Rep. Bob Rankin and Sen. Randy Baumgardner. The bill allows the Division of Parks and Wildlife to purchase a specific property in Garfield County.
  • HB 15-1318 – Concerning the Requirements for Administering a Single Medicaid Waiver for Home- and Community-Based Services for Adults with Intellectual and Developmental Disabilities, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill requires the Department of Health Care Policy and Financing to consolidate two waiver programs for adults with intellectual and developmental disabilities.
  • HB 15-1252 – Concerning an Extension of the Number of Years the Individual Income Tax Return Includes a Voluntary Contribution Designation for the Colorado Healthy Rivers Fund, by Rep. Diane Mitsch Bush and Sen. Jerry Sonnenberg. The bill extends the voluntary check-box contribution for the Colorado Healthy Rivers Fund until 2020.
  • HB 15-1166 – Concerning the Creation of a Tributary Groundwater Monitoring Network in the South Platte River Alluvial Aquifer, and, in Connection Therewith, Making an Appropriation, by Reps. Lori Saine & Jeni James Arndt and Sen. Vicki Marble. The bill creates a basin-wide tributary groundwater monitoring network in the South Platte River alluvial aquifer based on recommendations from a CWCB report.
  • HB 15-1283 – Concerning Marijuana Testing, and, in Connection Therewith, Creating a Reference Lab by December 31, 2015, that will House a Library of Testing Methodologies and Making an Appropriation, by Rep. Steve Lebsock and Sen. Chris Holbert. The bill requires the Department of Public Health and Environment to develop and maintain a marijuana laboratory testing reference library.
  • HB 15-1368 – Concerning the Creation of a Cross-System Response for Behavioral Health Crises Pilot Program to Serve Individuals with Intellectual or Developmental Disabilities, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill creates a pilot program to support collaborative approaches for individuals with intellectual or developmental disabilities and a mental health or behavioral disorder.
  • HB 15-1247 – Concerning the Implementation of the Legislative Audit Committee’s Recommendations for Review of Dam Safety, by Rep. Lori Saine and Sen. Tim Neville. The bill increases the fees charged by the State Engineer for dam project design review.
  • HB 15-1248 – Concerning Limited Access by Private Child Placement Agencies to Records Relating to Child Abuse or Neglect for Purposes of Ensuring Safe Placements for Foster Children, and, in Connection Therewith, Making an Appropriation, by Rep. Jonathan Singer and Sen. Owen Hill. The bill permits one representative at each child placement agency to review records of potential foster parents for reports of abuse or neglect.
  • HB 15-1355 – Concerning Access to Personal Records Relating to a Person’s Family History, by Reps. Lori Saine & Jonathan Singer and Sens. Vicki Marble & Linda Newell. The bill allows an adult adoptee to access his or her birth certificate and that of his or her adult sibling in Colorado.
  • HB 15-1357 – Concerning the Establishment of the Ratio of Valuation for Assessment of Residential Real Property, by Reps. Lois Court & Brian DelGrosso and Sens. Tim Neville & Michael Johnston. The bill establishes the residential assessment rate for 2015-2016 and does not change it.
  • SB 15-020 – Concerning Education Regarding the Prevention of Child Sexual Abuse and Assault, and, in Connection Therewith, Making an Appropriation, by Sen. Linda Newell and Rep. Beth McCann. The bill expands the duties of the School Safety Resource Center to include providing education and materials regarding awareness and prevention of child sexual assault.
  • SB 15-109 – Concerning the Mandatory Reporting of Mistreatment Against an Adult with a Disability, by Sen. Kevin Grantham and Rep. Dave Young. The bill expands the at-risk adult reporting requirements to include adults with intellectual and developmental disabilities.
  • SB 15-195 – Concerning Appropriating to the Department of Corrections Moneys Generated as Savings from the Awarding of Achievement Earned Time to Inmates, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Pat Steadman and Rep. Millie Hamner. The bill limits the amount of earned time savings that may be used toward education and parole programs.
  • SB 15-196 – Concerning Measures to Ensure Industrial Hemp Remains Below a Delta-9 Tetrahydrocannabinol Concentration of No More than Three-Tenths of One Percent on a Dry Weight Basis, and, in Connection Therewith, Making an Appropriation, by Sens. Vicki Marble & Pat Steadman and Reps. Steve Lebsock & Lois Saine. The bill expands the industrial hemp committee and imposes new regulations on industrial hemp.
  • SB 15-220 – Concerning Security for the Colorado General Assembly, by Sens. Morgan Carroll & Bill Cadman and Reps. Crisanta Duran & Brian DelGrosso. The bill requires the Colorado State Patrol to provide protection for the members of the General Assembly.
  • SB 15-256 – Concerning the Operation of the Legislative Committee that Oversees the Colorado Health Benefit Exchange, and, in Connection Therewith, Making an Appropriation, by Sen. Ellen Roberts and Rep. Beth McCann. The bill makes several changes to the Colorado health benefit exchange committee’s duties.
  • SB 15-115 – Concerning the Sunset Review of the Medical Marijuana Programs, by Sen. Owen Hill and Rep. Ellen Roberts. The bill continues the Medical Marijuana Code until 2019 and implements some changes to the program.
  • HB 15-1063 – Concerning Prohibited Communication Concerning Patents, and, in Connection Therewith, Making an Appropriation, by Rep. Dan Pabon and Sen. David Balmer. The bill establishes a framework for communications between parties regarding patent rights.
  • HB 15-1178 – Concerning the State Engineer’s Authority to Allow Well Users to Lower the Water Table in an Area that the State Engineer Determines is Experiencing Damaging High Groundwater Levels, and, in Connection Therewith, Establishing an Emergency Dewatering Grant Program for the Purpose of Lowering the Water Table in Areas of Gilcrest, Colorado, and Sterling, Colorado and Making an Appropriation, by Reps. Lori Saine & Stephen Humphrey and Sens. Vicki Marble & Jerry Sonnenberg. The bill establishes the Emergency Dewatering Grant Program for the emergency pumping of wells.
  • HB 15-1102 – Concerning the Expansion of the “Colorado Cottage Foods Act”, and, in Connection Therewith, Increasing the Food Products a Producer Can Sell Under the Act, Requiring an Additional Disclaimer, and Making an Appropriation, by Reps. Millie Hamner & Yeulin Willett and Sens. Kerry Donovan & Kevin Grantham. The bill divides the foods that can be produced under the Cottage Foods Act into two tiers.
  • SB 15-012 – Concerning the Treatment of Child Support for Purposes of the Colorado Works Program, and, in Connection Therewith, Making an Appropriation, by Sen. John Kefalas and Rep. Brittany Pettersen. The bill allows the Department of Human Services to disregard child support income when determining eligibility for the TANF program.
  • HB 15-1219 – Concerning the Enterprise Zone Investment Tax Credit for Renewable Energy Products, and, in Connection Therewith, Making an Appropriation, by Reps. Beth McCann & Jon Becker and Sens. Mary Hodge & Jerry Sonnenberg. The bill allows a taxpayer who places a renewable energy product in an enterprise zone to receive a refund of the tax credit.
  • HB 15-1228 – Concerning the Special Fuel Excise Tax on Liquefied Petroleum Gas, and, in Connection Therewith, Making an Appropriation, by Reps. Diane Mitsch Bush & Jon Becker and Sen. Ray Scott. The bill makes several changes to the administration and collection of the special fuel excise tax program for liquefied petroleum.
  • HB 15-1350 – Concerning Performance Measures for Accrediting an Alternative Education Campus, by Rep. Brittany Pettersen and Sen. Owen Hill. The bill requires the Department of Education to convene stakeholder meetings to review statutes and rules related to performance indicators for the accreditation of alternative education campuses.
  • HB 15-1392 – Concerning Changes to the State’s Payroll System to Allow All State Employees to be Paid Twice a Month, by Reps. Dave Young & Jack Tate and Sens. Linda Newell & Tim Neville. The bill changes the pay schedule for all state employees to twice a month.
  • HB 15-1352 – Concerning Modifications to the Naturopathic Formulary of Medications that a Registered Naturopathic Doctor is Authorized to Use in the Practice of Naturopathic Medicine, by Reps. Joann Ginal & Kathleen Conti and Sens. Larry Crowder & Linda Newell. The bill expands the authority of naturopathic doctors in several ways.
  • HB 15-1353 – Concerning the Continuation of the Regulation of Conveyances, and, in Connection Therewith, Extending the Certification of Conveyances and Conveyance Mechanics, Contractors, and Inspectors of Elevators and Escalators Until July 1, 2022, by Rep. Alec Garnett and Sen. Beth Martinez Humenik. The bill extends the Elevator and Escalator Certification Act to regulate conveyances.
  • HB 15-1360 – Concerning the Use of Injection Therapy by Acupuncturists Licensed Pursuant to Article 29.5 of Title 12, Colorado Revised Statutes, by Rep. Joann Ginal and Sen. Kevin Lundberg. The bill allows licensed acupuncturists to practice injection therapy.
  • HB 15-1083 – Concerning Patient Financial Contributions for Physical Rehabilitation Services, and, in Connection Therewith, Making an Appropriation, by Rep. Dianne Primavera and Sen. Larry Crowder. The bill requires the Colorado Commission on Affordable Health Care to conduct a study of the costs of physical rehabilitation services.
  • HB 15-1261 – Concerning the Maximum Reserve for a Cash Fund with Fee Revenue, by Rep. Dave Young and Sens. Kevin Grantham & Pat Steadman. The bill alters the cash fund reserve requirement.
  • HB 15-1273 – Concerning Additional Comprehensive Reporting Requirements for School Discipline Reports, and, in Connection Therewith, Requiring a Post-Enactment Review of the Implementation of this Act and Making an Appropriation, by Rep. Polly Lawrence and Sen. Linda Newell. The bill adds sexual assaults and marijuana violations to the list of items that must be included in a safe schools report.
  • HB 15-1370 – Concerning Access to Certain Records of a County Department of Human or Social Services Containing Personal Identifying Information by an Auditor Conducting a Financial or Performance Audit of that Department, by Rep. Dianne Primavera and Sens. Lucia Guzman & Tim Neville. The bill permits an auditor access to all files of a county department of human or social services that are needed to conduct the audit.
  • SB 15-029 – Concerning a Study of Volunteer Firefighter Pension Plans in the State, and, in Connection Therewith, Making an Appropriation, by Sen. Jessie Ulibarri and Rep. Jovan Melton. The bill requires the state auditor to conduct a study of firefighter pension plans in Colorado.
  • SB 15-184 – Concerning Enforcement of Compulsory Education Requirements, by Sen. Chris Holbert and Rep. Rhonda Fields. The bill requires the chief judge in each judicial district to convene a meeting of stakeholders to find ways to address truancy other than detention.
  • SB 15-203 – Concerning Continuation of the Regulation of Debt-Management Service Providers by the Attorney General, and, in Connection Therewith, Implementing the Recommendations of the 2014 Sunset Report by the Department of Regulatory Agencies, by Sen. John Cooke and Rep. Dan Pabon. The bill continues the Uniform Debt-Management Services Act.
  • SB 15-228 – Concerning a Process for the Periodic Review of Provider Rates Under the “Colorado Medical Assistance Act”, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Bob Rankin. The bill establishes a process for the Department of Health Care Policy and Financing to review Medicare provider rates.
  • SB 15-261 – Concerning a Modification to the Statute that Specifies the Forms of Public Notice that a Public Utility May Provide Regarding a Change in the Public Utility’s Schedule of Charges to Allow a Request for an Alternative Form of Notice within the Same Formal Application that the Public Utility Files with the Public Utilities Commission When Applying for a Change in the Public Utility’s Schedule of Charges, by Sen. Jerry Sonnenberg and Rep. Dave Young. The bill allows public utilities to request rate changes during existing proceedings.
  • HB 15-1282 – Concerning the Creation of Crimes Involving Deception about Material Information in Connection with Birth Certificates, by Rep. Lois Saine and Sen. Linda Newell. The bill creates a class 2 misdemeanor for anyone who intentionally omits material information in the preparation of a birth certificate.
  • HB 15-1309 – Concerning the Placement of Interim Therapeutic Restorations by Dental Hygienists, and, in Connection Therewith, Ensuring Medicaid and Children’s Basic Health Plan Reimbursement for Services Provided Through the Use of Telehealth Related to Interim Therapeutic Restoration Procedures and Making an Appropriation, by Rep. Joann Ginal and Sen. Larry Crowder. The bill allows dental hygienists to perform therapeutic restorations.
  • HB 15-1333 – Concerning the Creation of a Regional Center Depreciation Account in the Capital Construction Fund for Maintenance of the State’s Regional Centers, and, in Connection Therewith, Making an Appropriation, by Rep. Ed Vigil and Sen. Randy Baumgardner. The bill creates the Regional Center Depreciation Account to hold moneys for depreciation and capital construction.
  • HB 15-1337 – Concerning Placement Stability for Children, by Rep. Angela Williams and Sen. Linda Newell. The bill requires a court to consider all statutory factors when placing a child for foster care.
  • HB 15-1340 – Concerning an Extension of the Period During Which the Voluntary Contribution Designation Benefiting the Colorado Multiple Sclerosis Fund will Appear on the State Individual Income Tax Return Form, by Reps. Faith Winter & Perry Buck and Sens. Beth Martinez Humenik & Linda Newell. The bill extends the Colorado Multiple Sclerosis Fund check-off through 2021.
  • HB 15-1345 – Concerning an Exemption from Certain Traffic Requirements for the Riders of a Three-Wheel Low-Speed Motorcycle, by Rep. Paul Rosenthal and Sen. Tim Neville. The bill exempts motorcyclists who ride low-speed three-wheeled motorcycles from requirements of licensure and eye protection.
  • HB 15-1366 – Concerning the Expansion of the Colorado Job Growth Incentive Tax Credit to Allow Credits for Businesses that Enter Into a Qualified Partnership with a State Institution of Higher Education, and, in Connection Therewith, Making an Appropriation, by Reps. Dan Pabon & Yeulin Willett and Sen. David Balmer. The bill allows the job growth incentive tax credit to be refundable under certain conditions.
  • HB 15-1387 – Concerning the Elimination of the Authorized Transfer of Medical Marijuana to Retail Marijuana at the Time that a Retail Marijuana Establishment License Becomes Effective, by Reps. Dan Pabon & Bob Rankin and Sens. Pat Steadman & Kent Lambert. The bill prohibits a medical marijuana facility with a retail marijuana license from transferring any of its medical marijuana to the retail establishment.
  • SB 15-192 – Concerning the Provision of a Therapeutic Alternative Drug Selection to Patients Residing in Certain Long-Term Care Facilities, by Sen. Irene Aguilar and Rep. Janak Joshi. The bill allows licensed pharmacists to provide therapeutic alternate drug selections to patients in nursing care facilities and long-term acute care hospitals if certain conditions are met.
  • SB 15-209 – Concerning an Amendment to Specified Statutes Governing the Management of the Financial Affairs of a Unit Owners’ Association Under the “Colorado Common Interest Ownership Act” so as to Exempt Communities in Which a Majority of Units Designated for Residential Use are Time Share Units, by Sen. David Balmer and Rep. Angela Williams. The bill exempts certain timeshare communities from the definitions of “common interest community” and “homeowners’ association.”
  • SB 15-210Concerning Creation of the Title Insurance Commission, and, in Connection Therewith, Making an Appropriation, by Sen. Laura Woods and Rep. Jeni James Arndt. The bill creates the Title Insurance Commission to serve as an advisory body to the Commissioner of Insurance.
  • SB 15-229 – Concerning the Creation of an Amyotrophic Lateral Sclerosis License Plate for Motor Vehicles, and, in Connection Therewith, Making an Appropriation, by Sen. Laura Woods and Reps. Janak Joshi & Diane Mitsch Bush. The bill creates an ALS license plate, available when the Rocky Mountain Chapter of the ALS Association receives 3,000 signatures of individuals committed to purchase the plate.
  • SB 15-262 – Concerning Updates to the Statutes Regulating Blanket Sickness and Accident Insurance, by Sen. Tim Neville and Rep. Angela Williams. The bill expands and clarifies the groups that may receive blanket accident and sickness insurance.
  • SB 15-267 – Concerning the Financing of Public Schools, and, in Connection Therewith, Making an Appropriation, by Sen. Owen Hill and Rep. Millie Hamner. The bill increases per-pupil funding for public schools to reflect inflation.
  • SB 15-270 – Concerning the Creation of the Office of the State Architect, and, in Connection Therewith, Adding Statewide Planning Responsibilities and Making and Reducing an Appropriation, by Sen. Kent Lambert and Rep. Bob Rankin. The bill creates the Office of the State Architect in law.
  • SB 15-271 – Concerning the Continuation of the Entities Charged with Representing the Interests of Certain Utility Consumers in Matters Heard by the Public Utilities Commission, by Sen. Jerry Sonnenberg and Rep. Jon Becker. The bill continues the Office of the Consumer Counsel and implements recommendations from the sunset review.
  • SB 15-278 – Concerning an Amendment to the Annual General Appropriation Act for the 2013-2014 Fiscal Year to Allow Unspent Moneys Appropriated for the Colorado State Capitol Dome Restoration Project to be Used for the Next Planned Phase of the Colorado State Capitol Restoration, by Sens. Kent Lambert & Pat Steadman and Rep. Millie Hamner. The bill allows the Department of Personnel and Administration to use moneys from the capitol restoration project on other projects.
  • SB 15-281 – Concerning Parent Engagement in Institute Charter Schools, by Sen. Owen Hill and Rep. Tracy Kraft-Tharp. The bill requires charter schools, rather than the Charter School Institute, to hold meetings regarding school priority implementation.
  • SB 15-283 – Concerning Debt Collection Proceedings, and, in Connection Therewith, Increasing the Scope and Value of Assets that may be Exempted, Clarifying Definitions of “Earnings”, and Specifying the Procedure for Service of Notice of Exemption and Pending Levy in Certain Garnishment Proceedings, by Sen. Laura Woods and Rep. Pete Lee. The bill modifies exemptions and procedures in certain debt collection actions.
  • SB 15-202 – Concerning the Regulation of Water Conditioning Appliances Pursuant to the Plumbing Code, by Sen. David Balmer and Rep. Dan Pabon. The bill creates three new categories of registered water conditioners.
  • HB 15-1301 – Concerning the Creation of a Credit for Tobacco Products that a Distributor Ships or Transports to an Out-of-State Consumer, and, in Connection Therewith, Creating the “Cigar On-Line Sales Equalization Act” and Making an Appropriation, by Rep. Angela Williams and Sens. Kevin Grantham & Owen Hill. The bill creates a credit against tobacco excise tax equal to Colorado excise taxes paid on tobacco products other than cigarettes sold by a distributor to an out-of-state consumer.

In addition to the bills signed Friday, the governor allowed three bills to become law without a signature. These bills are also summarized here.

  • HB 15-1316 – Concerning a Simplification of the Process by which the Public Utilities Commission may Issue a Certificate to Provide Taxicab Service in Certain Metropolitan Counties, by Reps. Steve Lebsock & Dan Thurlow and Sens. Owen Hill & Jessie Ulibarri. The bill changes the prerequisites for an applicant seeking authorization to provide taxicab service within certain counties.
  • SB 15-067 – Concerning an Increase in the Class of Offense for Certain Acts of Assault Against Persons Engaged in Performing their Duties as Emergency Responders, by Sen. John Cooke and Rep. Janak Joshi. The bill raises the classification for assault of a first responder to assault in the second degree.
  • SB 15-290 – Concerning Creation of the Colorado Student Leaders Institute, And, In Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Jim Wilson. The bill creates the Colorado Student Leaders Institute, a competitive summer residential education program for high school students.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.

Traffic Camera Bills Vetoed; PERA Reduction, School Safety, and More Bills Signed

On Wednesday, June 3, 2015, Governor Hickenlooper signed six bills into law and vetoed two bills. To date, he has signed 296 bills into law and vetoed two bills. The bills on which he took legislative action Wednesday are summarized here.

Signed

  • HB 15-1391 – Concerning an Adjustment to the Total Employer Contribution Rate of the Denver Public Schools Division of the Public Employees’ Retirement Association in Connection with the Equalization Status of the Association’s Denver Public Schools Division with the Association’s School Division as Required by the Merger of the Denver Public Schools Retirement System with the Association, by Reps. Lois Court & Jim Wilson and Sen. Pat Steadman. The bill reduces the employer PERA contribution rate, effective January 1, 2015, and allows adjustment of the employer contribution rate every five years.
  • SB 15-213Concerning the Limited Waiver of Governmental Immunity for Claims Involving Public Schools for Injuries Resulting from Incidents of School Violence, by Sens. Bill Cadman & Mark Scheffel and Reps. Dickey Lee Hullinghorst & Crisanta Duran. The bill allows schools and school districts to be held liable if they fail to exercise reasonable care in protecting students and staff from reasonably foreseeable acts of violence.
  • SB 15-214 – Concerning Creating a Legislative Committee on Safety in Schools, and, in Connection Therewith, Making an Appropriation, by Sens. Mark Scheffel & Bill Cadman and Reps. Crisanta Duran & Dickey Lee Hullinghorst. The bill establishes the School Safety and Youth Mental Health Committee to study issues related to school safety and prevention of threats to safety.
  • SB 15-221 – Concerning Public Transit Officers, by Sen. John Cooke and Reps. Jessie Danielson & Kevin Priola. The bill clarifies that a public transit officer who is classified as a peace officer through his or her job is a peace officer at all times, even when off-duty.
  • HB 15-1359 – Concerning the Creation of the Achieving a Better Life Experience (ABLE) Savings Program for Individuals with Disabilities, by Reps. Jessie Danielson & Lois Landgraf and Sens. John Kefalas & Beth Martinez Humenik. The bill allows the Department of Higher Education to create the ABLE Savings Program for people with disabilities so they may create accounts exempt from federal taxable income.
  • SB 15-288Concerning the Compensation Paid to Certain Public Officials, by Sens. Randy Baumgardner & Mary Hodge and Reps. Millie Hamner & Bob Rankin. The bill aligns the salaries of legislative branch officials with the salaries of judicial branch officials.

Vetoed

  • SB 15-276 – Concerning the Elimination of the Use of Automated Vehicle Identification Systems for Traffic Law Enforcement, by Sens. David Balmer & Morgan Carroll and Reps. Kevin Van Winkle & Stephen Humphrey. The bill would have prohibited the issuance of citations from traffic cameras with specific exceptions for toll roads and toll highways.
  • HB 15-1098 – Concerning the Elimination of the Use of Automated Surveillance Camera Vehicle Identification Systems for Traffic Law Enforcement, by Reps. Kevin Van Winkle & Steve Lebsock and Sen. Tim Neville. The bill would have required local governments to obtain voter approval before utilizing red light cameras, and would have required existing programs to receive voter approval in 2017 in order to continue.

In addition to the bills signed Wednesday, Governor Hickenlooper signed six bills into law on Thursday, bringing the total number of signed bills to 302. The bills signed Thursday are summarized below.

  • HB 15-1367 – Concerning Retail Marijuana Taxes, and, in Connection Therewith, Making an Appropriation, by Rep. Millie Hamner and Sen. Pat Steadman. The bill refers a ballot issue to voters regarding whether the state may retain and spend revenue created from retail marijuana excise taxes.
  • HB 15-1249 – Concerning Amendments to the Fees Associated with Water Pollution Control, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. KC Becker and Sen. Mary Hodge. The bill recodifies fees for clean water and drinking water programs, and adds fees for pesticide application activities and CDPHE certifications.
  • HB 15-1341 – Concerning Increasing the Penalty from a Class 6 Felony to a Class 5 Felony for Sexual Exploitation of a Child by Possession of Sexually Exploitative Material, and, in Connection Therewith, Making an Appropriation, by Reps. Kathleen Conti & Rhonda Fields and Sens. John Cooke & Michael Johnston. The bill increases the penalty for possession of certain sexually exploitative material and modifies terms concerning electronic media.
  • HB 15-1033 – Concerning Long-Term Strategies to Address Colorado’s Aging Population, and, in Connection Therewith, Creating a Strategic Action Planning Group to Develop a Comprehensive, Long-Term Action Plan for Colorado’s Aging Population and Making an Appropriation, by Rep. Dianne Primavera and Sen. Larry Crowder. The bill creates a strategic planning group to study issues facing Coloradoans age 50 and older, and outlines specific study areas.
  • HB 15-1335 – Concerning Access to Personal Records Relating to a Person’s Family History, by Reps. Lori Saine & Jonathan Singer and Sens. Vicki Marble & Linda Newell. The bill allows an adult adoptee to obtain access to a non-certified copy of an original birth certificate and amended birth certificates of adult siblings or half-siblings.
  • SB 15-206 – Concerning Phased Conservation Easement Donations for Conservation Easements Donated On or After January 1, 2015, and, in Connection Therewith, Lowering Transaction Costs for Agricultural Producers, Facilitating Endangered Species Mitigation, and Making an Appropriation, by Sens. Ellen Roberts & Mary Hodge and Reps. Alec Garnett & Jon Keyser. The bill increases the credit awarded for the first $100,000 of a conservation easement tax credit and also increases the maximum credit for a single donor.

Vetoed

  • HB 15-1390 – Concerning an Increase in the Allowable Finance Charge for Certain Consumer Credit Transactions, by Reps. Jovan Melton & Jack Tate and Sens. Chris Holbert & Cheri Jahn. The bill would have increased the unpaid balance limit for current tiered maximum finance charges allowed on certain supervised loans and consumer credit sales.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.