April 18, 2014

e-Legislative Report: April 14, 2014

CBA Legislative Policy Committee

For readers 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 on requests from the various sections and committees of the Bar Association.

Friday, April 11
At the request of the Juvenile Law Section, the LPC voted to oppose HB 14-1362. Concerning great grandparent visitation with great-grandchildren. The bill is sponsored by Rep. Dominick Moreno.

At the Capitol—Week of April 7

A scorecard of the committee and floor work follows.

In the House

Monday, April 7

Passed on 3rd reading.

  • HB 14-1013. Concerning the creation of the advanced industries workforce development program, and, in connection therewith, making and reducing appropriations. Vote: 37 yes, 27 no, and 1 excused.
  • HB 14-1061. Concerning sentences imposing monetary payments in criminal actions, and, in connection therewith, eliminating prison sentences for persons who are unable to pay criminal monetary penalties. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1072. Concerning an income tax credit for child care expenses paid by a resident individual with a federal adjusted gross income of $25,000 or less, and, in connection therewith, making and reducing appropriations. Vote: 39 yes, 25 no, and 1 excused.
  • HB 14-1199. Concerning changes to the regulation of consumer goods service contracts, and, in connection therewith, making and reducing appropriations. Vote: 61 yes, 3 no, and 1 excused.
  • HB 14-1203. Concerning funding to maintain the infrastructure for the digital trunked radio system, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1173. Concerning continuation of the controlled substances abuse act, and, in connection therewith, the treatment of controlled substances abuse and making an appropriation. Vote: 61 yes, 3 no, and 1 excused.
  • HB 14-1283. Concerning modifications to the electronic prescription drug monitoring program, and, in connection therewith, making an appropriation. Vote: 42 yes, 22 no, and 1 excused.
  • HB 14-1009. Concerning changing the wildfire mitigation income tax deduction to the wildfire mitigation income tax credit, and in connection therewith, making and reducing appropriations. Vote: 52 yes, 12 no, and 1 excused.
  • HB 14-1029. Concerning a recodification of the laws governing reserved parking for persons with disabilities, and in connection therewith, making and reducing appropriations. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1278. Concerning continuation of the workers’ compensation accreditation program administered by the division of workers’ compensation, and, in connection therewith, implementing the recommendations of the 2013 sunset report by the department of regulatory agencies. Vote: 51 yes, 13 no, and 12 excused.
  • HB 14-1316. Concerning methods to determine whether disparities involving certain historically underutilized businesses exist within the state procurement process, and, in connection therewith, commissioning a study to make such determination, requiring the department of personnel to track contracts awarded to historically underutilized businesses, and making and reducing appropriations. Vote: 37 yes, 27 no, and 1 excused.
  • SB 14-27. Concerning criminal history background checks for professionals who have the authority to appear in court, and, in connection therewith, making an appropriation. Vote: 52 yes, 12 no, and 1 excused.
  • HB 14-1095. Concerning the Colorado bureau of investigation’s authority to investigate computer crime, and, in connection therewith, making an appropriation. Vote: 61 yes, 3 no, and 1 excused.
  • HB 14-1266. Concerning the penalties for certain value-based offenses, and, in connection therewith, reducing an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1011. Concerning the funding of advanced industry economic development programs. Vote: 39 yes, 25 no, and 1 excused.
  • HB 14-1014. Concerning modifications to the job growth incentive tax credit, and, in connection therewith, reducing an appropriation. Vote 51 yes, 13 no, and 1 excused.

Tuesday, April 8

Passed 3rd Reading:

  • HB 14-1273. Concerning human trafficking, and, in connection therewith, making and reducing appropriations. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1321. Concerning the membership of the Colorado task force on drunk and impaired driving. Vote: 64 yes, 0 no, and 1 excused.

Wednesday, April 9

Passed on 3rd reading.

  • HB 14-1330. Concerning an update of telecommunications terminology for intrastate telecommunications services. Vote: 63 yes, 0 no, and 2 excused.
  • HB 14-1327. Concerning measures to expand the deployment of communication networks, and, in connection therewith, enacting the “Broadband Deployment Act.” Vote: 57 yes, 7 no, and 1 excused.
  • HB 14-1328. Concerning the deployment of broadband into unserved areas of Colorado through grant-making from moneys allocated from the Colorado high cost support mechanism, and, in connection therewith, making an appropriation. Vote: 47 yes, 17 no, and 1 excused.
  • HB 14-1127. Concerning disclosure of information for asset recovery, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1338. Concerning planning for the effective use of Colorado’s regional centers for persons with intellectual disabilities, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1211. Concerning ensuring access to quality complex rehabilitation technology in the medicaid program, and, in connection therewith, making and reducing appropriations. Vote: 49 yes, 15 no, and 1 excused.

Thursday, April 10

Passed 3rd Reading:

  • HB 14-1354. Concerning the ability of a county clerk and recorder to seek judicial review of final action by the secretary of state relating to elections. Vote: 50 yes and 15 no.
  • HB 14-1159. Concerning a state sales and use tax exemption for components used in biogas production systems. Vote: 54 yes and 11 no.

Friday, April 11

No bills were heard on 3rd Reading.

In the Senate

Monday, April 7

No bills were heard on 3rd Reading.

Tuesday, April 8

Passed on 3rd Reading:

  • HB 14-1057. Concerning the Colorado fraud investigators unit. Vote: 30 yes and 5 no.
  • HB 14-1176. Concerning the state audit cycle of the emissions program for motor vehicles. Vote: 20 yes and 15 no.

Wednesday, April 9

Passed on 3rd Reading:

  • HB 14-1299. Concerning the repeal of the six-year limitation on applying a salvage brand to a motor vehicle whose cost of being repaired exceeds the value of the vehicle without the recent damage. Vote: 22 yes, 12 no, and 1 excused.

Thursday, April 10

No bills were heard on 3rd Reading.

Friday, April 11

No bills were heard on 3rd Reading.

Probate JDF Forms Revised in Protective Proceedings Category

In April 2014, the Colorado State Judicial Branch issued several revised forms in the Probate category. The revised forms deal with protective proceedings. The forms are available here in PDF format, and may be downloaded in Word format from State Judicial’s website.

PROBATE

  • JDF 847 - “Instructions for Filing a Petition for Appointment of Co-Guardian/Conservator or Successor Guardian/Conservator” (Revised 4/14)
  • JDF 800 – “Acknowledgment of Responsibilities Conservator and/or Guardian” (Revised 4/14)
  • JDF 821 – “Affidavit of Acceptance of Appointment by Written Instrument as Guardian for Minor” (Revised 4/14)
  • JDF 878 – “Order Appointing Conservator for Adult” (Revised 4/14)
  • JDF 882 – “Conservator’s Financial Plan with Inventory and Motion for Approval” (Revised 3/14)
  • JDF 960 – “Petition for Final Settlement” (Revised 4/14)
  • JDF 964 – “Order for Final Settlement” (Revised 4/14)

Click here to access all of State Judicial’s JDF forms.

Colorado Court of Appeals: No Fiduciary Duty Owed by Party to Real Estate Transaction so Attorney Fee Award Inappropriate

The Colorado Court of Appeals issued its opinion in In the Interest of Delluomo v. Cedarblade on Thursday, April 10, 2014.

Revocable Living Trust—Trustee—Beneficiary—Breach of Fiduciary Duty—Undue Influence—Attorney Fees—Breach of Trust Exception.

Respondent Phillip Delluomo created a revocable living trust. He named himself trustee and Wells Fargo Bank as co-trustee. The beneficiaries of the trust were his niece, appellant Brenda Cedarblade, and his nephew, Timothy Corcoran. A few months after the creation of the trust, Delluomo transferred five parcels of real property from the trust to Cedarblade.

The court thereafter appointed Janice Eder as Delluomo’s conservator. Eder initiated an action on Delluomo’s behalf to quiet title, seeking to set aside the real property transactions involving Cedarblade on the basis of undue influence and breach of fiduciary duty. A jury found that Cedarblade had exerted undue influence on Delluomo with regard to the conveyances of property into joint tenancy. Thus, the court set aside the property transfers to Cedarblade and awarded attorney fees to plaintiffs.

Cedarblade argued on appeal that the court erred in awarding attorney fees to plaintiffs. Cedarblade was not a trustee or custodian of funds (or other trust assets). Although she breached her duty as an individual, she did not breach any duty owed based on a relationship to manage property.

Because the circumstances of this case did not fit within the breach of trust exception to the general rule that parties in a lawsuit must pay their own legal expenses, the Court of Appeals ruled that the district court erred when it denied Cedarblade’s motion for directed verdict and allowed the jury to award attorney fees to plaintiffs. The portion of the judgment awarding attorney fees was vacated.

Summary and full case available here.

Bills to Allow Governments to Invest in Securities, Decriminalize Prohibited Practices by Lobbyists, Extend Duty to Warn, and More Signed by Governor

On Monday, April 7, 2014, Governor Hickenlooper signed 10 more bills into law. To date, he has signed 129 bills into law and vetoed two bills. The bills signed on Monday are summarized here.

  • SB 14-022Concerning Certified Community Development Financial Institutions, and, in Connection Therewith, Authorizing Such Institutions to Serve as a Qualified Holder and to Present a Request for Full or Partial Release of Collateral Pledged without Presentation of the Original Promissory Note, by Sen. John Kefalas and Rep. Rhonda Fields. The bill allows local governments to invest funds in certain securities offered by a community development financial institution.
  • SB 14-058Concerning High School Equivalency Examinations in Colorado, by Sen. Nancy Todd and Rep. Carole Murray. The bill changes the term “General Equivalency Diploma” or “GED” to “High School Equivalency Examination.”
  • SB 14-098Concerning Clarifications to Statutory Language on Crimes Against At-Risk Elders, by Sen. Rachel Zenzinger and Reps. Mike Foote & Sue Schafer. The bill clarifies statutory language regarding crimes against at-risk elders.
  • SB 14-109Concerning the Use of the Prevention, Early Detection, and Treatment Fund, and, in Connection Therewith, Eliminating the Annual Transfer of Two Million Dollars from the Fund to the Department of Health Care Policy and Financing for Medicaid Disease Management and Treatment Programs that Address Cancer, Heart Disease, and Lung Disease or Risk Factors Associated with Those Diseases and Increasing the Amount Annually Appropriated from the Fund to the Prevention Services Division of the Department of Public Health and Environment for the Cancer, Cardiovascular Disease, and Chronic Pulmonary Disease Prevention, Early Detection, and Treatment Program by Two Million Dollars, by the Joint Budget Committee. The bill eliminates an appropriation of $2 million that was to be used for disease management and treatment programs because no such programs were created.
  • SB 14-110Concerning the General Assembly’s Development of Recommendations Regarding New Methods of Financing the State’s Ongoing Capital Construction Needs, by the Joint Budget Committee. The bill changes the deadline for a report containing recommendations for new methods of financing the state’s ongoing capital construction.
  • SB 14-119Concerning the Decriminalization of Certain Prohibited Practices by Persons Engaged in Lobbying, by Sens. Rollie Heath & Bill Cadman and Reps. Dickey Lee Hullinghorst & Brian DelGrosso. The bill decriminalizes certain financial, dishonest, threatening, or unprofessional practices by lobbyists, including making excessive payments to covered officials, knowingly attempting to deceive covered officials, attempting to influence covered officials by threats or intimidation, and knowingly promoting legislation in order to oppose it in the future.
  • HB 14-1105Concerning the Exemption from the State Gasoline and Special Fuel Tax of Sales Between Governmental Entities, by Rep. Diane Mitsch Bush and Sen. Nancy Todd. The bill allows governmental entities with fuel tax exemptions to sell or purchase fuel from other governmental entities with fuel tax exemptions.
  • HB 14-1136Concerning Exempting a Continuing Professional Education Program that is Approved by a State Professional Licensing Board from Regulation by the Division of Private Occupational Schools in the Department of Higher Education, by Rep. Dianne Primavera and Sen. Nancy Todd. The bill exempts certain qualifying nonprofit occupational schools from oversight by the Department of Higher Education.
  • HB 14-1271Concerning Extending a Mental Health Provider’s Duty to Warn to Include Specific Entities that, if Purposefully Damaged or Attacked as a Result of a Mental Health Patient’s Violent Behavior, Would Jeopardize Public Health and Safety, by Rep. Jovan Melton and Sen. Linda Newell. The bill extends civil liability for mental health providers to organizations that provide mental health services, and extends the duty to warn to include a warning to specific entities that, if attacked, would pose harm to public health and safety.
  • HB 14-1274Concerning the Modification of Certain Limitations on the Managers of a Bank Chartered by Colorado, by Reps. Tracy Kraft-Tharp & Chris Holbert and Sen. Cheri Jahn. The bill repeals certain limitations on the qualifications for state bank directors.

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

18th Judicial District & AARP ElderWatch Hosting Fraud Prevention and Safety Summit

On Thursday, May 15, 2014, the 18th Judicial District Attorney’s Office and AARP Foundation ElderWatch will host a Fraud Prevention and Safety Summit in Parker, Colorado. This no-cost event is aimed at empowering seniors with tools and information to stay safe and prevent fraud before it happens. The event will be held at the Parker Arts, Culture, and Events Center. Registration is required and must be submitted by May 7, 2014. Register online at this website or call (877)  926-8300.

Seniors who attend the event will be educated on protecting themselves and their identities, and will interact with community agencies to identify community resources. Complimentary refreshments will be provided, and seniors will have a chance to network with other attendees.

A flyer about the event is available here. Please feel free to widely distribute this information and the flyer.

e-Legislative Report: March 31, 2014

CBA Legislative Policy Committee

For readers 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 on requests from the various sections and committees of the Bar Association.

The LPC met on Friday, March 28, and voted to support HB 14-1032. Concerning the provision of defense counsel to juvenile offenders—with necessary amendments.

At the Capitol—Week of March 24

A scorecard of the committee and floor work follows.

In the House

Monday, March 24

Passed 3rd Reading:

  • SB 14-98. Concerning clarifications to statutory language on crimes against at-risk elders. Vote: 55 yes, 6 no, and 4 excused.
  • HB 14-1288. Concerning personal belief exemptions to immunization requirements for children prior to attending school. Vote: 42 yes, 19 no, and 4 excused.
  • SB 14-54. Concerning the ability of an alcohol beverage licensee to petition the licensing authority to pay a fine in lieu of a license suspension ordered by the licensing authority. Vote: 61 yes, 0 no, and 4 excused.
  • SB 14-28. Concerning an expansion of eligibility for the receipt of disbursements from the electric vehicle grant fund for the installation of electric vehicle charging stations. Vote: 38 yes, 23 no, and 4 excused.

Tuesday, March 25

Passed 3rd Reading:

  • HB 14-1295. Concerning residential mortgage foreclosures, and, in connection therewith, requiring a single point of contact and prohibiting dual tracking. Vote: 38 yes and 27 no.
  • HB 14-1312. Concerning efforts to reduce the number of foreclosures in Colorado, and, in connection therewith, continuing the foreclosure deferment program. Vote: 46 yes and 19 no.
  • SB 14-22. Concerning certified community development financial institutions, and, in connection therewith, authorizing such institutions to serve as a qualified holder and to present a request for full or partial release of collateral pledged without presentation of the original promissory note. Vote: 38 yes and 27 no.

Wednesday, March 26

Passed on 3rd Reading:

  • SB 14-131. Concerning the removal of certain identifying information from a motor vehicle registration card. Vote: 65 yes and 0 no.
  • HB 14-1187. Concerning consumer protection from excess damages for repair of rental vehicles. Vote: 65 yes and 0 no.
  • HB 14-1289. Concerning the reinvestment of unused governmental moneys held by a financial institution that are in excess of the amount insured by the federal deposit insurance corporation in accounts of other financial institutions. Vote: 65 yes and 0 no.

Thursday, March 27

Passed 3rd Reading:

  • The House spent 10 hours debating various 2nd Reading amendments to HB 14-1336. Concerning the provision for payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2014, except as otherwise noted—“the Budget bill.”

Friday, March 28

Passed on 3rd Reading:

  • HB 14-1336. Concerning the provision for payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2014, except as otherwise noted—“the Budget bill.” Vote: 37 yes, 27 no, and 1 excused.
  • HB 14-1337. Concerning an increase in the general fund reserve. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1339. Concerning the creation of the hazardous substance site response fund. Vote: 49 yes, 15 no, and 1 excused.
  • HB 14-1340. Concerning the state toxicology laboratory, and, in connection therewith, making an appropriation. Vote: 63 yes, 1 no, and 1 excused.

In the Senate

Monday, March 24

Passed on 3rd Reading:

  • HB 14-1254. Concerning a requirement to disclose fees charged to a unit owners’ association by a community association manager. Vote: 32 yes and 3 no.

Tuesday, March 25

Passed on 3rd Reading:

  • HB 14-1193. Concerning requirements governing the imposition of a fee for the research and retrieval of public records under the “Colorado Open Records Act.” Vote: 32 yes, 1 no, and 1 excused.
  • HB 14-1047. Concerning restrictions on the publishing of basic identification information on commercial web sites. Vote: 23 yes, 11 no, and 1 excused.
  • HB 14-1274. Concerning the modification of certain limitations on the managers of a bank chartered by Colorado. Vote: 34 yes, 0 no, and 1 excused.

Wednesday, March 26

Passed on 3rd Reading:

  • HB 14-1136. Concerning exempting a continuing professional education program that is approved by a state professional licensing board from regulation by the division of private occupational schools in the department of higher education. Vote: 32 yes, 0 no, and 3 excused.
  • HB 14-1271. Concerning extending a mental health provider’s duty to warn to include specific entities that, if purposefully damaged or attacked as a result of a mental health patient’s violent behavior, would jeopardize public health and safety. Vote: 32 yes, 0 no, and 3 excused.

Thursday, March 27

Passed on 3rd Reading:

  • SB 14-156. Concerning a requirement that a public benefit corporation file an annual report. Vote: 25 yes and 10 no.
  • HB 14-1186. Concerning the release of medical records to a person other than the patient, and, in connection therewith, setting reasonable fees to be paid for the release of the medical records. Vote: 24 yes and 11 no.
  • HB 14-1277. Concerning eligibility requirements for recipients of grants from the military family relief fund. Vote: 35 yes and 0 no.

Friday, March 28

Passed on 3rd Reading:

  • SB 14-158. Concerning the harmonization of statutory recall election provisions with the recall provisions in the state constitution to reflect the manner in which contemporary elections are conducted, and, in connection therewith, aligning circulator regulation and petition requirements with initiative and referendum circulator and petition requirements. Vote: 18 yes and 17 no.
  • HB 14-1149. Concerning making acts related to the advertisement of children for the purposes of transferring their care to others trafficking in children. Vote: 35 yes and 0 no.
  • HB 14-1100. Concerning the use of title documents to give notice of characteristics of motor vehicles that affect a vehicle’s value, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • SB 14-115. Concerning procedural requirements applicable to state water plans, and, in connection therewith, making and reducing an appropriation. Vote: 28 yes and 7 no.
  • SB 14-161. Concerning the modernization of provisions of the “Uniform Election Code of 1992” that ensure voter access for eligible electors, and, in connection therewith, reducing the deadline by which a voter registration application must be submitted via certain methods, altering procedures pertaining to national change-of-address searches, allowing emergency ballots to be obtained for nonmedical reasons, amending provisions relating to military and overseas voters, increasing the penalty for providing false residential information, making the aiding or abetting the provision of false residential information a new felony offense, and making and reducing an appropriation. Vote: 22 yes and 13 no.

Stay tuned for 10 Bills of Interest.

e-Legislative Report: March 17, 2014

CBA Legislative Policy Committee

For readers 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 on requests from the various sections and committees of the Bar Association.

The LPC did not meet on Friday, March 14.

At the Capitol—Week of March 10

A scorecard of the committee and floor work follows.

In the House

Monday, March 10

Passed 3rd Reading:

  • HB 14-1141. Concerning the confidentiality of social security numbers under the “Colorado Consumer Protection Act.” Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-97. Concerning the immunity of public agencies against liability arising from the wildfire mitigation activities of insurance companies. Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-138. Concerning civil immunity for community volunteers assisting at an emergency. Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-121. Concerning financial assistance for local governments after a declared disaster emergency. Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-96. Concerning renaming state veterans’ nursing homes to veterans community living centers to more accurately reflect the wide array of services provided to state veterans. Vote: 63 yes, 0 no, and 2 excused.

Tuesday, March 11

  • SJM14-1. Memorializing former Senator Ken Gordon. Vote: 63 yes, 0 no, and 2 excused. In a joint-session, the House and Senate met to consider SJM14-001 Memorializing former Senator Ken Gordon.

Wednesday, March 12

Passed on 3rd Reading:

  • HB 14-1136. Concerning exempting a continuing professional education program that is approved by a state professional licensing board from regulation by the division of private occupational schools in the department of higher education. Vote: 63 yes, 0 no, and 2 absent or excused.
  • HB 14-1216. Concerning required safety markings for certain towers over fifty feet in height that are located in unincorporated areas of the state. Vote: 63 yes, 0 no, and 2 absent or excused.
  • HB 14-1131. Concerning harassment against a minor by using an interactive computer service.Vote: 54 yes, 10 no, and 1 excused.
  • HB 14-1149. Concerning making acts related to the advertisement of children for the purposes of transferring their care to others trafficking in children. Vote: 64 yes, 0 no, and 1 excused.
  • SB 14-80. Concerning the elimination of the list of certain additional qualifications that apply to property valuation appeal arbitrators. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1280. Concerning limits on liability for agritourism. Vote: 64 yes, 0 no, and 1 excused.

Thursday, March 13

Passed on 3rd Reading:

  • HB 14-1277. Concerning eligibility requirements for recipients of grants from the military family relief fund. Vote: 61 yes, 2 no, and 2 absent or excused.
  • SB 14-63. Concerning the mandatory review of existing executive branch agency rules conducted by each principal department. Vote: 63 yes, 0 no, and 2 absent or excused.

In the Senate

Monday, March 10

Passed on 3rd Reading:

  • SB 14-125. Concerning the regulation of transportation network companies, and, in connection therewith, requiring transportation network companies to carry liability insurance, conduct background checks on transportation network company drivers, inspect transportation network company vehicles, and obtain a permit from the public utilities commission; and making an appropriation. Vote: 29 yes and 6 no.
  • HB 14-1172. Concerning exempting certain public safety departments from certain statutory requirements related to the impact of a criminal conviction on state employment opportunities. Vote: 35 yes and 0 no.

Tuesday, March 11

  • SJM14-1. Memorializing former Senator Ken Gordon. Vote: 63 yes, 0 no, and 2 excused. In a joint-session, the House and Senate met to consider SJM14-001 Memorializing former Senator Ken Gordon.

Wednesday, March 12

Passed on 3rd Reading:

  • SB 14-32. Concerning elimination of restrictions on the ability of alternative health care providers to treat children. Vote: 18 yes and 17 no.
  • HB 14-1224. Concerning a set aside goal in state procurement for service-disabled veteran owned small businesses. Vote: 27 yes and 8 no.

Thursday, March 13

Passed on 3rd Reading:

  • Consent Calendar: Vote 33 yes, 0 no, and 2 excused.
    1. SB 14-51. Concerning access to records relating to the adoption of children, and, in connection therewith, making an appropriation.
    2. HB 14-1103. Concerning the criteria that certain securities must meet to qualify as legal investments for public funds.
  • SB 14-131. Concerning the removal of certain identifying information from a motor vehicle registration card. Vote: 33 yes, 0 no, and 2 excused.
  • SB 14-117. Concerning the reauthorization of the regulation of real estate appraisers by the board of real estate appraisers through a recreation and reenactment of the relevant statutes incorporating no substantive amendments other than those approved during the first regular session of the 69th general assembly. Vote: 30 yes, 3 no, and 2 excused.
  • HB 14-1077. Concerning an increase in the statutory cap on the two-year average of the unobligated portion of the oil and gas conservation and environmental response fund. Vote: 27 yes, 6 no, and 2 excused.

Friday, March 14

Passed on 3rd Reading:

  • SB 14-23. Concerning an authorization of the voluntary transfer of water efficiency savings to the Colorado water conservation board for instream use purposes in water divisions that include lands west of the continental divide. Vote: 25 yes, 9 no, and 1 excused.
  • HB 14-1152. Concerning passive surveillance records of governmental entities. Vote: 34 yes, 0 no and 1 excused.

Bill to Increase Number of Judges in 18th Judicial District and More Signed by Governor

Governor Hickenlooper has continued to sign bills into law this week. Some of the legislation signed into law includes bills prohibiting greyhound racing, creating the Rural Economic Development Initiative, adding judges to the Eighteenth Judicial District, encouraging enrollment of people with developmental disabilities in appropriate programs, and regarding recording of deeds. These bills and more are summarized here.

  • HB 14-1146Concerning a Prohibition Against Greyhound Racing in Colorado, by Rep. KC Becker and Sen. Lois Tochtrop. The bill bans greyhound racing in Colorado; Colorado has not had a greyhound race track since 2008.
  • HB 14-1241Concerning a Supplemental Appropriation to the Department of Local Affairs, by Rep. Crisanta Duran and Sen. Pat Steadman. The bill allows the Office of Economic Development to administer grants to businesses to create jobs in rural areas.
  • HB 14-1050Concerning an Increase in the Number of Judges for the Eighteenth Judicial District, and, In Connection Therewith, Making an Appropriation, by Rep. Daniel Kagan and Sen. Lucia Guzman. The bill increases the number of judges in the Eighteenth Judicial District from 21 to 23.
  • HB 14-1051Concerning a Strategic Plan Enrolling all Eligible Persons with Intellectual and Developmental Disabilities into Programs at the Time Services and Supports are Needed, and, in Connection Therewith, Requiring the Department of Health Care Policy and Financing to Develop and Implement the Strategic Plan and to Report Annually on the Number of Persons Waiting for Services and Support, by Reps. Sue Schafer and Lois Landgraf and Sens. John Kefalas and Larry Crowder. The bill requires CDHCPF to develop plans to enroll eligible applicants in Home- and Community-Based Services at the time they are requested.
  • HB 14-1073Concerning the Recording of Legal Documents, by Rep. Dan Pabon and Sen. George Rivera. The bill amends several statutory sections regarding the recording of legal documents.
  • HB 14-1112Concerning Limited Authorization for a County Clerk and Recorder to Redact the First Five Digits of a Social Security Number from a Public Document Recorded with the Clerk and Recorder at the Request of the Individual to Whom the Social Security Number is Assigned, by Rep. Steve Lebsock and Sens. Jessie Ulibarri and Ellen Roberts. The bill requires county clerks and recorders to redact from public documents the first five digits from a person’s social security number if that person so requests.
  • HB 14-1166Concerning the Renewal of Concealed Handgun Permits by Colorado County Sheriffs, by Rep. Edward Vigil and Sen. Lois Tochtrop. The bill allows a holder of a concealed weapons permit to renew the permit with a sheriff other than the one who originally issued the permit.

To date, the governor has signed 57 bills into law this legislative session. For a complete list of Governor Hickenlooper’s 2014 legislative decisions, click here.

HB 14-1211: Requiring Complex Rehabilitation Technology to be Available to Medicaid Recipients

On January 30, 2014, Rep. Dave Young and Sen. Lois Tochtrop introduced HB 14-1211 - Concerning Ensuring Access to Quality Complex Rehabilitation Technology in the Medicaid Program. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the department of health care policy and financing (department) to recognize complex rehabilitation technology as a specific need of persons with complex diagnoses or medical conditions that result in significant physical or functional needs.

The department must designate appropriate billing codes as complex rehabilitation technology and establish supplier quality standards for complex rehabilitation technology suppliers. Additionally, the department must require evaluation of complex needs patients by qualified professionals for purposes of identifying appropriate complex rehabilitation technology. Further, the department must develop pricing policies for complex rehabilitation technology.

The bill defines terms relating to complex rehabilitation technology.

The bill is assigned to the Public Health Care & Human Services Appropriations Committees.

e-Legislative Report: March 10, 2014

CBA Legislative Policy Committee

For readers 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 on requests from the various sections and committees of the Bar Association.

Action taken at the LPC meeting on Friday, March 7:

  • The Committee voted to take a neutral position on HB 14-1285. Concerning a requirement that a professional tax preparer provide certain disclosures to a client when preparing tax documents for the client but suggest amendments to exclude attorneys from the application of the act.
  • The Committee voted to support and offer amendments to SB 14-98 Concerning clarifications to statutory language on crimes against at-risk elders.

At the Capitol—Week of March 3

A scorecard of the committee and floor work follows.

In the House

Monday, March 3

Passed 3rd Reading:

  • HB 14-1171. Concerning rules on forensic medical evidence in sexual assault cases. Vote: 59 yes, 0 no, and 6 excused.
  • SB 14-48. Concerning use of the most recent United States census bureau mortality table as evidence of the expectancy of continued life of any person in a civil action in Colorado. Vote: 59 yes, 0 no, and 6 excused.
  • HB 14-1002. Concerning the establishment of a grant program under the “Colorado Water Quality Control Act” to repair water infrastructure impacted by a natural disaster, and, in connection therewith, making an appropriation. Vote: 51 yes, 8 no, and 6 excused.
  • HB 14-1003. Concerning the exemption from state income tax of income that is earned by a nonresident individual working temporarily in the state to assist with disaster emergency relief activities, and, in connection therewith, making an appropriation. Vote: 59 yes, 0 no, and 6 excused.
  • HB 14-1006. Concerning the remittance of the marketing and promotion tax collected by lodging establishments in a local marketing district, and, in connection therewith, making an appropriation. Vote: 53 yes, 3 no, and 6 excused.

Tuesday, March 4

Passed 3rd Reading:

  • SB 14-83. Concerning reimbursement to be paid by a county to the state for costs incurred by the state in connection with the reappraisal of property in the county. Vote: 60 yes, 0 no, and 5 excused.
  • HB 14-1206. Concerning modifications to the “Colorado Charitable Solicitations Act,” and, in connection therewith, prohibiting certain charitable solicitation practices, modifying the secretary of state’s fining authority, adjusting registration statement requirements, and specifying requirements for appointing registered agents. Vote: 60 yes, 0 no, and 5 excused.
  • HB 14-1017. Concerning measures to expand the availability of affordable housing in the state, and, in connection therewith, making modifications to statutory provisions establishing the housing investment trust fund, the housing development grant fund, and the low-income housing tax credit; and making an appropriation. Vote: 36 yes, 24 no, and 5 excused.

Thursday, March 6

Passed on 3rd Reading:

  • HB 14-1186. Concerning the release of medical records to a person other than the patient, and, in connection therewith, setting reasonable fees to be paid for the release of the medical records. Vote: 58 yes, 0 no, and 7 absent or excused.
  • HB 14-1089. Concerning the qualification for a person to use the 10th mountain division license plate. Vote: 53 yes, 8 no, and 4 absent or excused.
  • HB 14-1148. Concerning guidelines for ensuring the rights of victims of crime to participate in the criminal justice system. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-105. Concerning the elimination of the requirement that a portion of the fees collected for the water resources cash fund be transferred to the state general fund. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-107. Concerning the continuation of the department of law’s authority to accept gifts, grants, and donations. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-120. Concerning the continuous appropriation of certain amounts in the state employee workers’ compensation account in the risk management fund. Vote: 52 yes, 9 no, and 4 absent or excused.
  • HB 14-1274. Concerning the modification of certain limitations on the managers of a bank chartered by Colorado. Vote: 61 yes, 0 no, and 4 absent or excused.
  • HB 14-1271. Concerning extending a mental health provider’s duty to warn to include specific entities that, if purposefully damaged or attacked as a result of a mental health patient’s violent behavior, would jeopardize public health and safety. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-59. Concerning eliminating the statute of limitations for offenses that accompany sex offenses that are not subject to a statute of limitations. Vote: 58 yes, 3 no, and 4 absent or excused.
  • SB 14-9. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property. Vote: 46 yes, 15 no, and 4 absent or excused.

Friday, March 7

Passed on 3rd Reading:

  • HB 14-1042. Concerning access by birth parents to records relating to the relinquishment of parental rights, and, in connection therewith, making an appropriation. Vote: 61 yes, 0 no, and 4 excused.
  • HB 14-1257. Concerning the authority of the state auditor to conduct a performance audit of the Colorado health benefit exchange. Vote: 60 yes, 1 no, and 4 excused.
  • SB 14-43. Concerning the inclusion of certain land areas used to grow products that originate above the ground within the classification of “all other agricultural property” for property tax purposes. Vote: 61 yes, 0 no, and 4 excused.

In the Senate

Tuesday, March 4

Passed on 3rd Reading:

  • Consent Calendar: Vote: 34 yes, 0 no, and 1 excused.
    1. HB 14-1112. Concerning limited authorization for a county clerk and recorder to redact the first five digits of a social security number from a public document recorded with the clerk and recorder at the request of the individual to whom the social security number is assigned.
    2. HB 14-1051. Concerning a strategic plan for enrolling all eligible persons with intellectual and developmental disabilities into programs at the time services and supports are needed, and, in connection therewith, requiring the department of health care policy and financing to develop and implement the strategic plan and to report annually on the number of persons waiting for services and supports.
    3. HB 14-1174. Concerning the sunset review of the natural areas council. Vote: 33 yes, 1 no, and 1 excused.
  • SB 14-22. Concerning certified community development financial institutions, and, in connection therewith, authorizing such institutions to serve as a qualified holder and to present a request for full or partial release of collateral pledged without presentation of the original promissory note. Vote: 19 yes, 15 no, and 1 excused.
  • HB 14-1073. Concerning the recording of legal documents. Vote: 33 yes, 1 no, and 1 excused.
  • HB 14-1052. Concerning an increase in the enforcement authority of ground water management districts. Vote: 22 yes, 12 no, 1 excused.
  • HB 14-1122. Concerning provisions to keep legal marijuana from underage persons. Vote: 34 yes, 0 no, and 1 excused.
  • HB 14-1166. Concerning the renewal of concealed handgun permits by Colorado county sheriffs. Vote: 34 yes, 0 no, and 1 excused.

Wednesday, March 5

Passed on 3rd Reading:

  • HB 14-1065. Concerning limits on indemnification provisions in motor carrier transportation contracts. Vote: 33 yes and 2 no.
  • HB 14-1121. Concerning notice requirements for county highway contract bid solicitations, and, in connection therewith, increasing the threshold value of a contract for which a county must advertise in a newspaper in the county or post notice in the county courthouse from five thousand dollars to the amount at which a contract requires a contractor’s bond. Vote: 22 yes and 13 no.

Friday, March 7

Passed on 3rd Reading:

  • Consent Calendar: Vote 34 yes, 0 no and 1 excused.
    1. HB 14-1229. Concerning authorizing sharing information between state and local government agencies related to legal marijuana.
    2. HB 14-1215. Concerning the ability of a federal home loan bank to enforce its rights with regard to collateral subject to a security agreement.
    3. HB 14-1183. Concerning the reinstatement of the authority for active military personnel to practice professionally. Vote: 33 yes, 1 no, and 1 excused.

Stay tuned for ten bills of interest.

HB 14-1192: Repealing Colorado’s Health Benefit Exchange

On January 29, 2014, Rep. Janak Joshi and Sen. Kevin Lundberg introduced HB 14-1192 – Concerning the Repeal of the “Colorado Health Benefit Exchange Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the “Colorado Health Benefit Exchange Act” (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective Jan. 1, 2015. The bill requires the state treasurer to transfer any unencumbered moneys that remain in the exchange to the general fund.

On Feb. 25, the Public Health Care & Human Services Committee heard testimony and considered the bill for committee discussion only; the bill will be put back on the calendar for action in the near future.

Save the Date—The 9th Annual Attorneys’ Night Out is Thursday, May 15

On Thursday, May 15, 2014, the Denver Bar Association Young Lawyers Division and The Legal Center for People with Disabilities and Older People will host the 9th Annual Attorneys’ Night Out at the Blake Street Tavern. The event will take place from 5:30 pm to 9 pm.

All members of the community are welcome to enjoy drinks and appetizers while benefiting The Legal Center. Tickets are $25 ahead of time or $35 at the door, and each attendee receives admission to the event, a drink ticket, and delicious appetizers. Click here to purchase tickets online.

For information on sponsorship activities for the Attorneys’ Night Out, contact Julie Busby, Director of Development for The Legal Center, at (303) 862-3507