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Thirteen More Bills Signed Into Law This Week

April 13, 2012 by Leave a Comment

Governor Hickenlooper has signed 124 bills into law in the 2012 legislative session, including thirteen bills that he signed on Thursday, April 12. A complete list of the bills he signed Thursday can be found here. Five of these bills are highlighted below.

  • SB 12-023 – Improve Eligible Persons Access To PACE Program
    • Concerning The Program Of All-Inclusive Care For The Elderly, And, In Connection Therewith, Addressing Enrollment Of Persons Who Are Eligible For The PACE Program And Addressing How The Pace Program Works With Integrative Initiatives Involving The Medicaid Population In Colorado.
  • SB 12-030 – Public Trustee & Foreclosure Sales
    • Concerning Administrative Matters Related To A Foreclosure Sale.
  • SB 12-033 – Child Fatality Reviews
    • Concerning Adding Near Fatalities To The Responsibilities Of The Department Of Human Services Child Fatality Review Team.
  • SB 12-062 – Voting By Military Personnel
    • Concerning Procedures That Facilitate Voting By Military Personnel.
  • HB 12-1299 – Lessee Can Claim Innovative Motor Vehicle Tax Credit
    • Concerning The Specification That A Motor Vehicle Lessee Is Entitled To Claim The Innovative Motor Vehicle Tax Credit.

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, click here.

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SB 12-158: Consolidation of Two Public Housing Agencies Within the Division of Housing and Adding Homeless Prevention Activities to Division of Housing

March 26, 2012 by Leave a Comment

On March 9, 2012, Sen. Betty Boyd and Rep. Laura Bradford introduced SB 12-158 – Concerning the Consolidation of Two Public Housing Agencies Within the Division of Housing in the Department of Local Affairs. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The Division of Housing in the Department of Local Affairs (DOLA) is a public housing agency that provides financial and other assistance to individuals in low- and moderate-income households. The division also administers various state housing programs and the supportive housing program, a public housing agency that provides financial and other assistance to persons with disabilities. The bill provides for consolidation of public housing agencies in such a manner that the Division of Housing in DOLA will be the only public housing agency and serve as the sole state agency for the purpose of administering and distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities.

The homeless prevention activities program is currently administered by a nongovernmental agency selected by the executive director of the department of human services. The bill would require the division of housing in DOLA to administer the program. The Local Government Committee will consider the bill on Tuesday, March 20 at 2 p.m.

Summaries of other featured bills can be found here.

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HB 12-1226: Addition of Surcharge to Crimes Against At-Risk Individuals to be Allocated to New Surcharge Fund

March 16, 2012 by Leave a Comment

On February 6, 2012, Rep. Mark Barker and Sen. Irene Aguilar introduced HB 12-1226 – Concerning a Surcharge on Persons Convicted of Crimes Against At-Risk Persons, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill imposes a surcharge on persons convicted of crimes against at-risk adults and at-risk juveniles. Once collected, the surcharge is transferred to the crimes against at-risk persons surcharge fund. The state office on aging shall distribute moneys from the fund to a fiscal agent who will oversee the award of moneys to programs that provide respite services for caregivers of at-risk adults or at-risk juveniles. Programs receiving moneys from the fund must comply with provisions concerning the use of funds and reporting requirements.

The court is permitted to waive some or the entire surcharge if the person convicted of the crime is indigent or unable to pay the surcharge. The surcharge applies to offenses committed on or after July 1, 2012. The bill passed 2nd Reading on Friday, March 9.

Since this summary, the bill passed the Third Reading in the House.

Summaries of other featured bills can be found here.

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SB 12-128: Creation of Three-Year Alternative Care Facilities Pilot Program

March 9, 2012 by Leave a Comment

On January 31, 2012, Sen. Ellen Roberts and Rep. Ken Summers introduced SB 12-1211 – Concerning Achieving Efficiencies in the Medicaid Long-Term Care Program Through Greater Utilization of Alternative Care Facilities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes the 3-year alternative care facilities pilot program designed to increase the utilization of alternative care facilities in the Medicaid program. Alternative care facilities participating in the pilot program will receive a reimbursement for not more than 1000 clients equal to $3000 per client, per month, after considering the client portion of the cost, to provide long-term care services to clients who have been residing in a nursing facility prior to the referral to an alternative care facility. The single entry point agency shall assess the client residing in a nursing facility to determine whether the client will achieve the same or better health outcomes and client satisfaction in the alternative care facility.

On or before September 1, 2013, September 1, 2014, and September 1, 2015, the Department of Health Care Policy and Financing shall report to the Joint Budget Committee of the General Assembly and the Health and Human Services Committee of the Senate and the Health and Environment Committee of the House of Representatives concerning the design, implementation, and outcomes of the pilot program on client health outcomes, costs, and client satisfaction. The pilot program is repealed on July 1, 2016. On March 1, the Health and Human Services Committee amended the bill and moved it to the Senate for 2nd Reading.

Since this summary, the Second Reading was laid over daily on March 6.

Summaries of other featured bills can be found here.

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SB 12-127: Requiring DHCPF to Allow Long-Term Care Providers to Participate If it Establishes Health Homes

March 8, 2012 by Leave a Comment

On January 31, 2012, Sen. Linda Newell and Rep. Ken Summers introduced SB 12-127 – Concerning the Participation of Providers of Long-Term Care in Medicaid Care Coordination Programs. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

To the extent permitted under federal law, the department of health care policy and financing shall include providers of long-term care services and supports as health homes or as part of health homes in the Medicaid program.

In expanding an accountable care collaborative or organization to include dually eligible persons, persons with chronic conditions, and persons in need of long-term care services and supports, the bill directs the department to permit providers of long-term care services and supports to contract with regional care collaborative organizations as health homes or to provide some or all of the services provided by the regional care collaborative organizations. On February 29, the Health and Human Services Committee amended the bill and moved it to the Senate for 2nd Reading.

Since this summary, the Second Reading was laid over daily on March 5.

Summaries of other featured bills can be found here.

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Week 8 e-Legislative Report: March 6, 2012

March 6, 2012 by Leave a Comment

This week’s e-legislative update, prepared and delivered by Michael Valdez, CBA’s Director of Legislative Affairs, discussed three interesting bills: a bill that proposes to necessitate coins to be allowed as payment for any business; a bill repealing antiquated rules about libel; and a bill encouraging judicial oversight of guardians and conservators.

From the Legislative Policy Committee

The LPC met on Friday, March 2 and considered a relatively light docket of bills:

SB 137 – Gold and Silver Coin Payment of Debts. The LPC followed the recommendation of the Civil Rights Committee and voted to oppose SB 137 – Gold and Silver Coin Payment of Debts. The bill states that gold and silver coin issued by the US government or authorized by law is currency that is legal tender for the payment of all debts between the citizens of the state. Under the bill, a person cannot compel any other person to tender or accept gold or silver coin issued by the US government or authorized by law. The Civil Rights Committee asserted that the bill invades the constitutional powers of Congress and thus exceeds the express limitations on state powers. The bill died on the floor of the Senate on 2nd Reading later in the morning of March 2 – coincidence – you judge for yourself.

SB102 – Repeal the Crime of Libel. The LPC delayed action on a request from the Civil Rights Committee to support SB102 – Repeal the Crime of Libel. The LPC has asked the Civil Rights Committee and staff to research and report additional information to the LPC.

At the Capitol – Week Seven

HB 1074 – Judicial Oversight Of Guardians & Conservators. On Wednesday, the Senate Judiciary Committee approved, on a unanimous vote, HB 1074 – Judicial Oversight Of Guardians & Conservators. The Judiciary Committee loved the bill so much that they moved the bill to the consent calendar for 2nd Reading. (The “Consent Calendar” is the equivalent of a legislative Slam Dunk. Bills are called up in a group and passed without debate unless someone raises and objection.)

HB 1262 – Amend UCC Article 9 (Secured Transactions). On Friday, March 2, the House approved HB 1262 – Amend UCC Article 9 (Secured Transactions). The bill passed easily and without objection or amendment.

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e-Legislative Report: Week Seven, February 27, 2012

February 28, 2012 by Leave a Comment

The latest Legislative Video Update with Michael Valdez summarizes the Colorado Bar Association’s position on several bills, including Civil Unions, a bill concerning the Dissolution of Marraige, and Electronic Death Certificates.

 

CBA Legislative Policy Committee

The LPC did not meet on Friday, February 24. However, positions taken by the committee met on February 17 were omitted from last week’s newsletter due to this writer being out on sick-leave so this is an opportune time to catch you up on LPC positions taken. One position was taken on Wednesday, February 15.

SB 12-002 – Civil Unions
The LPC voted by conference call on Wednesday, February 15 to support SB 2 – Concerning Civil Unions. The Wednesday meeting was called because the bill suddenly appeared on the Judiciary Committee calendar late on Monday afternoon. The Civil Rights Committee had asked the LPC to take a formal “no position” on the bill; several sections countered with requests to the LPC to support the bill – with some needed technical corrections amendments. The sections supporting the bill were: Family, Juvenile, Elder, and Business (the Trust and Estate Section has since voted to support the bill). The LPC voted to support the bill but asked the sections to suggest and develop amendments to improve the bill. In a by-the-way note, this position is consistent with the position taken by the CBA Board of Governors in 2006 when the Board voted to support Referendum I – Domestic Partnerships. The bill passed the Judiciary and Finance Committees on February 15 and 16 respectively; the bill sits in the Appropriations Committee waiting to be calendared.

HB 12-1262 – Concerning Updates to UCC Article 9 “Secured Transactions”
At the request of the Business Law Section, the LPC voted to support HB 1262 – Updates to UCC Article 9. The bill contains needed updates to the 2001 statute that was adopted in Colorado. The ad hoc committee of the Business Law Section spent the last 24-months working through the amendments suggested by the National Conference of Commissioners on Uniform State Legislation (NCCUSL). The CBA testified in support of the bill on Thursday, February 23 and the bill passed out of the Judiciary Committee, unamended, on a 10-0 vote, with one excused. The next stop for the bill is the floor of the House on 2nd Reading.

HB 12-1256 – Formula for Maintenance in a Dissolution of Marriage Action
The Family Law Section was granted permission to oppose the legislation at the Capitol but the LPC also allowed the section to approach the sponsor to request the bill be pulled from consideration in this session and that a Task Force work over the summer to try to find a bill that all can agree upon. The sponsor, Rep. Beth McCann, agreed to table for 2012 and to the establishment of a Task Force on the issue that will be spearheaded by the CBA Family Law Section.

HB 12-1041 – Electronic Death Certificates
The Trust and Estate Section asked for permission to support HB 1041 – Concerning Electronic Death Certificates. The bill creates an electronic death registration system to allow persons who report death information to the Office of the State Registrar of Vital Statistics to do so electronically. The bill contemplates an alternative to the current paper based system that relies on the hand delivery of death certificates to required locations. We do not see a direct positive to practitioners but it should help their clients who sometimes have to wait for the paper filings to make their way through the hand delivery process. The bill is headed to the House floor after surviving the Appropriations Committee on Friday, February 24.

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Project Visibility: Understanding the Strengths and Needs of the Elder GLBT Community

February 9, 2012 by Leave a Comment

There is increasing evidence that gay, lesbian, bisexual, and transgender elders in our community are uncertain where to turn and what to do if they need care or support services. They are concerned with the level of sensitivity and awareness on the part of staff at facilities, businesses, and agencies. The GLBT Center and the Denver Regional Council of Governments (DRCOG) recognize that with a growing population of GLBT elders in the Denver area, steps need to be taken now to ensure a safe and healthy future for these older adults.

Project Visibility is a sensitivity program that began through Boulder County Aging Services, and has developed into a dynamic and continually updated training format that has touched hundreds of concerned providers in Colorado and across the country. The training is comprised of a moving film that showcases the lives of lesbian and gay elders, a Power Point presentation, and discussion of the steps service providers can take to provide good service for the GLBT community.

Free training for people serving older adults will be provided Wednesday, February 15, 2012 at Denver Regional Council of Governments Area Agency on Aging 1290 Broadway, Denver CO 80203, from 9:00 am to 12:00 pm.

Participants will receive

  • A new awareness of the strengths and needs of elder GLBTs
  • A manual to help you get started on simple and effective steps to communicate that your services/agency is welcoming and safe, and
  • Inclusion in a directory of service providers for GLBT elders developed by DRCOG and The Center.

To take part in this free training, contact Jennifer Solms at (303) 480-6796 or jsolms@drcog.org, or Shari Wilkins at (303) 733-7743, ext. 122 or swilkins@glbtcolorado.org.

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SB 12-024: Residential Non-Profit Corporations — Open Meeting Provision Clarification and Limitation of Conditions Under Which Member Refunds Due

February 6, 2012 by Leave a Comment

On January 11, 2012, Sen. Ted Harvey introduced SB 12-024 – Concerning the Obligations of a Residential Non-Profit Corporation to its Residential Members, and, In Connection Therewith, Clarifying Open Meeting Provisions and Limiting the Conditions Under Which the Corporation Must Refund Moneys Paid By a Residential Member. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill relieves a residential nonprofit corporation of its current obligations to:

  • Refund the entrance fee of a residential member within 90 days after the member’s resignation, termination, expulsion, or suspension from the corporation; and
  • Hold a member or his or her heirs harmless from liability for any periodic payments due more than 30 days after the member’s termination due to death or another reason beyond the member’s control.

This bill specifies that meetings of a committee of the board of directors that is not authorized to take final action on the board’s behalf are not subject to open meeting and published agenda requirements. The bill passed unamended from the Senate Local Government Committee; bill awaits 2nd Reading.

Since this summary, the bill has passed a second and third reading in the Senate unamended.

Summaries of other featured bills can be found here.

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SB 12-032: Seeking Federal Waiver of Medicaid Eligibility Guidelines in Order to Allow Greater Flexibility and Efficiency

February 6, 2012 by Leave a Comment

On January 11, 2012, Sen. Greg Brophy introduced SB 12-032 – Concerning Reforms to State-Administered Health Care Assistance Programs By Seeking Federal Authorization to Allow the State Greater Flexibility in the Management of the Programs. 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 to seek a federal waiver to allow for increased flexibility and efficiency in the management of the Medicaid program and the children’s basic health plan.

The waiver will seek authorization to determine eligibility categories and income levels and to establish an asset test for eligibility, implement cost-sharing and premiums, encourage the use of private health benefits coverage, and encourage persons to maintain employer-sponsored health insurance. As part of the waiver, the state department may negotiate for capped federal reimbursements with provisions for adjustments in the federal reimbursements for population growth and inflation.

The state department shall report to the general assembly concerning the waiver request and identify necessary changes to state law to implement the reforms requested in the waiver. Assigned to the Health and Human Services Committee.

On February 1, this bill was postponed indefinitely by the Senate Committee on Health and Human Services.

Summaries of other featured bills can be found here.

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State Board of Health Proposes Rule to Require Annual Influenza Vaccination for Certain Nursing Facility Personnel

February 1, 2012 by Leave a Comment

The Colorado State Board of Health has proposed a rule to require all acute care and long-term nursing care facilities to annually vaccinate personnel against influenza. All other licensed healthcare entities must assess their own clients, staff, and services and develop a written policy regarding influenza vaccination of its health care workers. All licensed healthcare entities will be required to annually report their influenza vaccination rates to the Department.

A hearing on the proposed rule will be held on Wednesday, February 15, 2012 at the Department of Public Health and Environment, Building A, Sabin-Cleere Conference Room, 4300 Cherry Creek Drive South, Denver, Colorado 80246, beginning at 10:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.

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e-Legislative Report: Week Three, January 30, 2012

January 31, 2012 by Leave a Comment

The latest Legislative Video Update recaps Military Day at the Capitol and Phase 2 of the SMART Act. Additionally, it reviews which bills the Legislative Policy Committee moved to support during their January 27 meeting.

Military Day at the Capitol

The Senate and House honored Colorado veterans on Monday with what is affectionately called “Military Day at the Capitol.” Both Houses take time to celebrate service men and women, active and retired, through several joint resolutions. The presentations are a welcome relief from the day to day operations at the Capitol and an appropriate way to say “Thank You” to our veterans. Here is a list of the resolutions:

  • Concerning recognition of Military, Veterans, and MIA/POW Appreciation Day.
  • Concerning recognition of military personnel from Colorado who died during specific military conflicts, including those killed after September 11, 2001, during the War on Terrorism, including but not limited to those killed in Afghanistan and Iraq.
  • Concerning the U.S.S. Pueblo.
  • Concerning the designation of Interstate 70 across Colorado as part of a nationwide system of “Tuskegee Airmen Memorial Trails”.

The presentations are a welcome relief from the day to day operations at the Capitol and an appropriate way to say “Thank You” to our veterans.

SMART Act

Again, the floor was light and the committees of reference were busily working through Phase 2 of the SMART Act review process. In case you missed last week, HB 10-119, or the State Measurements for Accountable, Responsive, and Transparent (SMART) Government Act, was adopted in 2010 and part of the act requires departments of state government to suggest improved efficiency or administration through line item consolidation in the budget bill. The presentations to the committees of reference include information about:

  • The departments’ strategic plan;
  • A review of the departments’ performance-based goals and measures; and
  • A report on actual outcomes.

Phase 2 of the meetings with the committees of reference call for the committees to recommend or vote their support for the various budget priority requests from the departments they oversee; e.g. Judiciary Committees oversee the Judicial Branch (Judicial Branch, Public Defender, Alternate Defense Counsel, Office of Child Representative), Department of Corrections, and the Department of Public Safety. The committees met to discuss recommendations and votes but this process is new and the kinks are being worked out. We are hoping for a comprehensive statement from each committee detailing their votes and recommendations to the Joint Budget Committee (JBC).

As the legislature moves to the fourth week of the session, the committee calendars are starting to look like they are in midsession form in terms of workload.

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.

At the January 27 meeting of the LPC, the Committee voted to adopt as Bar Sponsored legislation a proposal from the Trust and Estate Section. The proposal is designed to put “guard rails” around the search a personal representative, trustee or their legal counsel is required to undertake when searching for a filed Designated Beneficiary Agreement (DBA). To be effective, DBAs are filed with a clerk and recorder where one of the parties is domiciled. When the law was passed in 2009 the law was silent on the duty to search for a filed DBA; as a consequence, the fiduciary or their attorney could conceivably be required to search all 64 counties in Colorado. The Trust and Estate section is seeking to limit the number of counties being searched and to limit the time frame to make the search. This situation arises when there isn’t actual knowledge of the existence of a DBA.

The LPC also voted to support the study committee or Task Force on Abuse of the Elderly that is contemplated in SB 12-078, Protection of At-Risk Adults. The sponsor of the bill is searching ultimately for a way to move the reporting of elder abuse from the current state of “urge” to “mandatory” reporting. The fiscal impact for such a change has moved the focus from a substantive change in this legislation to finding solutions through the Task Force process.

Click here for the full e-Legislative Report.

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