June 20, 2013

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Colorado Supreme Court: Petitions Concerning Administrative Matters Cannot Be Ballot Initiatives

February 12, 2013 by Leave a Comment

On Monday, February 11, 2013, the Colorado Court of Appeals issued its opinion in Vagneur v. City of Aspen.

Municipal Corporations—Matters Subject to Initiative.

The Supreme Court considered whether two citizen-initiated proposed ordinances regarding the design and construction of a state highway entrance to the City of Aspen were administrative in character and therefore outside the scope of the initiative power reserved to the people under article V, §§ 1(1) and 1(9), of the Colorado Constitution. The Court held that the proposed initiatives were administrative in character and therefore were not a proper exercise of the people’s initiative power. It therefore affirmed the judgment of the court of appeals.

Summary and full case available here.

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HB 13-1038: Facilitating Voting by Youth Offenders Who Will Turn 18 While in Custody of Youth Corrections

February 6, 2013 by Leave a Comment

On Wednesday, January 9, 2013, Rep. Paul Rosenthal introduced HB 13-1038 - Concerning the Voting Rights of Individuals in the Custody of the Division of Youth Corrections within the Department of Human Services.  This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In the case of any individual confined to a juvenile facility and in the custody of the division of youth corrections (division) in the department of human services who is 18 years of age or older on the date of the next election, the bill requires the administrator of the facility in which the individual is confined to facilitate the registration for voting purposes of, and voting by, the individual. In connection with this requirement, the bill requires the administrator to provide the individual information regarding his or her voting rights and how the individual may register to vote and cast a mail or mail-in ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail or mail-in ballot cast by the individual is timely delivered to the designated election official.

To facilitate the provision of identification documents required to enable such individuals to register to vote and to cast a ballot, the bill requires the administrator to collaborate with the secretary of state to compile a list of documents and forms of identification that are in the possession of the division or that individuals in the custody of the division are likely to have in their possession that would constitute an acceptable form of identification permitting such individuals to register to vote, cast a ballot at a polling place, or cast a mail ballot. The bill further requires the administrator and the secretary of state to post the list of documents and forms of identification in a prominent place on the public web sites maintained by the department of human services and the secretary, respectively. The bill also requires the secretary to provide notice to the county clerk and recorders as well as other designated election officials that these documents and other forms of identification constitute an acceptable form of identification permitting such individuals to exercise their voting rights as specified in the bill.

The bill exempts an administrator from any legal restriction on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official. On Jan. 23, the State, Veterans, & Military Affairs Committee amended the bill and sent it to the Appropriations Committee for consideration of the Fiscal Impact to the state.

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Colorado Supreme Court: Title Board Lacked Authority to Act Where Fewer than Both Representatives Appeared at Rehearing

January 9, 2013 by Leave a Comment

The Colorado Supreme Court issued its opinion in In the Matter of Title, Ballot Title, and Submission Clause for Proposed Initiatives 2001-2012 Nos. 67, 68, and 69; Hayes v. Ottke; In the Matter of Title, Ballot Title, and Submission Clause for Proposed Initiatives 2011-2012 Nos. 94 and 95; Walter v. Staelin on Monday, January 7, 2013.

Ballot Title—Statutory Interpretation—CRS §1-40-106—Public Meeting—Designated Representatives.

Petitioners filed original proceedings pursuant to CRS §1-40-107(2), asserting that the Title Board lacked authority to take action with respect to challenged titles because fewer than both of the designated representatives of the Initiative’s proponents appeared at the rehearings. CRS §1-40-106(4)(a) requires “[e]ach designated representative” to appear at “any title board meeting at which the designated representative’s ballot issue is considered,” and CRS §1-40-106(4)(d) states that “[t]he title board shall not set a title for a ballot issue if either designated representative of the proponents fails to appear at a title board meeting.” Consequently, the Supreme Court held that the Title Board lacks authority to set title or take action with respect to challenged titles where fewer than both designated representatives appear at a rehearing. Therefore, the Court reversed the actions of the Title Board in these cases.

Summary and full case available here.

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Spark the Discussion: Amendment 64: The Ripples Here at Home

November 19, 2012 by Leave a Comment
“Spark the Discussion” is a monthly Legal Connection column highlighting the hottest trends in the emerging field of marijuana law. This column is brought to you by Vicente Sederberg, LLC, the country’s first national medical marijuana law firm.

By Joshua Kappel, Esq.

On Election Day, the voters of Colorado made history with the passage of Amendment 64—the Regulate Marijuana Like Alcohol Act of 2012.

Amendment 64, which received 55% of the vote, legalizes marijuana under Colorado law for adults over the age of 21. Specifically, it removes all civil and criminal penalties under Colorado law for the limited possession, use, and cultivation of marijuana by adults over the age of 21. This measure also requires the Colorado Department of Revenue to create a regulatory system for the production and distribution of marijuana in a manner similar to alcohol.

The passage of Amendment 64 made waves across the world and made headlines from England to India.  Just this week, a handful of Latin America leaders called for a review of international drug policy in light of these measurers passing.  Politically, the 10 point passage of Amendment 64 has prompted other states to consider similar measures, and has even spurred bi-partisan action by Colorado’s congressional delegation to exempt states’ marijuana laws from the federal Controlled Substance Act.

This historic victory also made waves here in Colorado.  Colorado Governor Hickenlooper’s responded with his now infamous comments, telling voters not to “break out the Cheetos” yet because marijuana remains illegal federally.  The Governor’s comments hinted at a lack of interest in fighting on behalf of Colorado voters and led many to wonder what, if any, effect Amendment 64 will have here at home.

The state vs. federal nature of this law change will continue to be of great interest to both legal scholars and voters.  A full analysis of this issue will be saved for another post, but to be clear, the federal government cannot force our state to criminalize anyone – including those who use or produce marijuana.

The removal of criminal penalties for adults using, possessing and cultivating marijuana goes into effect once the election is certified (probably sometime around January 6th), although retail stores won’t be able to open until late 2013 or early 2014.

We still have time before the measure goes into effect, but already, Amendment 64 is making ripples in our communities. This week both the Boulder District Attorney and the Denver District Attorney announced they will dismiss all marijuana charges related to actions that would have been protected by Amendment 64.  In the interest of justice, we hope more District Attorneys follow suit. According to long standing Colorado law, a change in a criminal law that reduces a sentence or eliminates the violation all together should apply retroactively in the interest of justice to all convictions not yet final. C.R.S. § 18-1-410(1)(f); Colo. Crim. P. Rule 35; People v. Thomas, 185 Colo. 395 (1974).  Even if a stubborn district attorney was lucky enough to convict an adult for possessing marijuana now, the case should be dismissed by the trial judge or on appeal once Amendment 64 goes into effect.

Although Amendment 64 is not yet in effect, for the adults currently caught in the system for marijuana offenses, the ripples of last Tuesday are already being felt.

Joshua Kappel, Esq. is the Associate Director of Sensible Colorado, the leading state-wide non-profit working to educate the public about sensible marijuana policy. Mr. Kappel is also the senior associate at Vicente Sederberg, the first nation-wide medical marijuana law firm.The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.
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Tenth Circuit: Kansas Secretary of State’s Refusal to Track Political Party’s Voter Affiliation Affirmed

September 19, 2012 by Leave a Comment

The Tenth Circuit issued its opinion in Constitution Party of Kansas v. Kobach on September 18, 2012.

The Constitution Party sued the Secretary of State of Kansas, alleging that its First and Fourteenth Amendment rights were violated by the Secretary’s refusal to keep track of Kansas voters’ affiliation with the Constitution Party because the Constitution Party is not a recognized political party under Kansas law. It is undisputed that The Constitution Party did not satisfy the state statutory requirements for having the Secretary record and track voters’ affiliation with it.

Applying the balancing test pursuant to Anderson v. Celebrezze, the district court determined that Kansas’s system of tracking party affiliation did not unconstitutionally burden The Constitution Party’s rights.

On appeal, the Constitution Party argued that the district court misapplied the balancing test, and that Baer v. Meyer, 728 F.2d 471 (10th Cir. 1984) was the controlling case law. The Constitution Party argued that it had shown a sufficient modicum of political support to merit voter affiliation tracking as required by Baer.

The Tenth Circuit AFFIRMED the district court’s ruling in favor of the Secretary, based on its rejection of the argument on which the Constitution Party has chosen to hinge its appeal, namely whether it was entitled to relief as a matter of law, and not whether the facts in the record supported the Secretary’s claimed burdens that would result from voter affiliation tracking. The Court distinguished this case from the Baer case by explaining that decision was carefully confined to the plaintiffs in that case and was based on Colorado law.

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Colorado Court of Appeals: Secretary of State Exceeded Rulemaking Authority by Promulgating Rules that Modify or Contravene Statutory or Constitutional Provisions

September 5, 2012 by Leave a Comment

The Colorado Court of Appeals issued its opinion in Colorado Common Cause v. Gessler, Secretary of State on August 30, 2012.

Rulemaking Authority—Campaign Finance Laws.

This case arose out of a challenge to the Colorado Secretary of State’s (Secretary) rulemaking authority brought by plaintiffs, Colorado Common Cause and Colorado Ethics Watch, pursuant to CRS § 24-4-106. The Secretary appealed the trial court’s order finding he exceeded his rulemaking authority in promulgating Rule 4.27. [Rule 4.27 has since been renumbered as Rule 4.1, 8 Code Colo. Regs. 1505–6.] The order was affirmed.

In 2002, Colorado voters adopted the Campaign and Political Finance Amendment (Amendment), which sets forth specific disclosure requirements that apply to various categories of participants in the elections process. The Amendment also regulates “issue committees” that advocate for or against ballot issues or questions. The Amendment incorporates the registration and disclosure requirements set forth in the Fair Campaign Practices Act (Act). In November 2010, a panel of the Tenth Circuit held in Sampson v. Buescher, 625 F.3d 1247 (10th Cir. 2010), that the financial burden of complying with the registration and reporting requirements for issue committees was substantial and the public interest in such information was minimal.

In response to Sampson, the Secretary commenced a rulemaking process to implement the decision. As part of this process, the Secretary published proposed Rule 4.27, which ultimately was adopted.Rule 4.27 states that “[a]n issue committee shall not be subject to any of the requirements of [the Amendment] or [the Act] until the issue committee has accepted $5,000 or more in contributions or made expenditures of $5,000 or more during an election cycle.” The contributions and expenditure made before reaching this threshold are not required to be reported.

Plaintiffs sued under CRS § 24-4-106. The trial court held that the Secretary had exceeded his rulemaking authority and dismissed the Secretary’s counterclaim for a declaration that the definition of issues committee is unenforceable until such a rule is adopted.

The Court of Appeals noted that an agency does not have authority to promulgate rules that modify or contravene statutory or constitutional provisions. Rule 4.27 creates a contribution and expenditure threshold of $5,000 that triggers an issue committee’s duty to register and disclose. The Act establishes a threshold of $200. On its face, Rule 4.27 conflicts with the clear requirements of Colorado law. Thus, unless Sampson abrogated the $200 threshold, the Secretary lacked the authority to promulgate the rule. The Secretary argued Sampson did just that. The Court disagreed.

The Tenth Circuit declined to address the facial challenge to Colorado’s campaign finance laws, holding only that the application of those laws under the specific facts of Sampson unconstitutionally burdened their freedom of association. The Circuit specifically acknowledged that Colorado campaign finance laws may be constitutionally applied outside of the context presented in Sampson. Consequently, Rule 4.27 sweeps far too broadly. The rule was set aside as void and the order was affirmed.

Summary and full case available here.

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Secretary of State Proposes Amendments to Election Rules

June 19, 2012 by Leave a Comment

The Colorado Secretary of State is considering amendments to the election rules “in order to improve the administration and enforcement of Colorado elections law.” Specifically, the Secretary is considering rules necessary to implement amendments to the election laws made during the 2012 legislative session.

Additional rule revisions concern changes to an elector’ s voter registration status, permanent adoption of current temporary election rules, mail ballot elections, mail-in voting, procedures for processing changes to voter records in the statewide voter registration database, procedures for processing mail, mail-in, and provisional ballots, canvass board processes including the board’s role and duties, and technical corrections.

A hearing on the proposed rule changes will be held on Monday, July 23, 2012 at the Secretary of State’s Office, Aspen Conference Room – 3rd Floor, 1700 Broadway, Denver, Colorado 80290, beginning at 2:00 pm.

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

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Governor Hickenlooper Finishes Signing Bills Approved This Year by General Assembly

June 15, 2012 by Leave a Comment

Governor Hickenlooper’s desk got a little cleaner last week, as he signed the last of the bills approved by the General Assembly during this legislative session. In total, the governor signed 309 bills this year. He also vetoed one bill, allowed one bill to pass into law without his signature, and allowed Lieutenant Governor Joe Garcia to sign one bill.

And, don’t miss our Legislative Wrap-Up CLE Presentation on July 10 to learn how laws passed this legislative session will affect your practice! Details below.

On Wednesday, June 6, 2012, Governor Hickenlooper signed eight bills into law, including a bill designed to modernize the state’s personnel system. That bill and two others are summarized here.

  • HB 12-1321 – Concerning the State Personnel System, and, in Connection Therewith, Enacting the “Modernization of the State Personnel System Act.”
    Sponsored by Reps. Mark Ferrandino and Glenn Vaad and Sens. Mike Johnston and Keith King. The bill establishes a merit pay system to replace the old pay-for-performance system, makes changes regarding separation of state employees, and makes conditional changes to the appointment of state employees.
  • HB 12-1272 – Concerning Continuation of Enhanced Unemployment Insurance Benefits for Unemployed Individuals Participating in Approved Training Programs, and, in Connection Therewith, Making an Appropriation.
    Sponsored by Reps. Crisanta Duran and Robert Ramirez and Sen. Linda Newell. The bill extends enhanced unemployment insurance benefits for unemployed individuals involved in approved training programs until June 30, 2014.
  • HB 12-1041- Concerning the Creation of an Electronic Death Registration System in the Department of Public Health and Environment and, in Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Jeanne Labuda and Sen. Lucia Guzman. The bill creates an electronic system for reporting of death information to counties and provides an alternative to the current paper-based system that requires families to travel to the decedent’s county of death in order to receive a death certificate.

The governor continued his bill signing efforts on Thursday, June 7, 2012, when he signed two bills, including a criminal proceedings omnibus bill and a bill clarifying CORA. These two bills are summarized below.

  • HB 12-1310 – Concerning Changes to Statutory Provisions Related to Criminal Proceedings, and, in Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Bob Gardner and Sen. Morgan Carroll. The bill incorporates several other bills regarding issues of criminal procedure, and affects several areas of criminal law, including sentencing, court proceedings, sex offenses, probation, and parole. It also criminalizes the use of cathinones (bath salts).
  • HB 12-1036 – Concerning Clarification of the Exemption from the “Colorado Open Records Act” for Investigative Files.
    Sponsored by Rep. Jim Kerr and Sen. Betty Boyd. The bill clarifies that the exemption from CORA applies to investigative files for all civil, criminal, and administrative proceedings in Colorado, and also clarifies the security and chain of custody for ballots throughout the election season.

On Friday, June 8, 2012, Governor Hickenlooper signed the last bills of this legislative session. He signed 14 bills on Friday, including two bills that help military families in Colorado, HB 12-1059 and HB 12-1350. Five of the bills Governor Hickenlooper signed Friday are summarized here.

  • HB 12-1273 – Concerning the Inclusion of Approved Facility Schools Affiliated with a Hospital to the Definition of Child Care Facility for Purposes of the Child Care Contribution Income Tax Credit.
    Sponsored by Rep. Dan Pabon and Sen. Pat Steadman. The bill adds schools that are operated by nonprofit hospital facilities for the benefit of their patients to the list of eligible recipients for the state child care contribution tax credit. Facilities would be eligible to receive donations in 2013 but individuals would not be able to claim the credit until 2014.
  • HB 12S-1002 - Concerning Administration of the Unemployment Insurance Program in Order to Stabilize Unemployment Insurance Rates, and, in Connection Therewith, Facilitating the Issuance of Unemployment Revenue Bonds, Accelerating the Creation of the Division of Unemployment Insurance in the Department of Labor and Employment, and Making Technical Changes to Provisions Enacted as a Part of House Bill 11-1288 to Ensure Appropriate Transition to the New Unemployment Insurance Premium Rate Structure.
    Sponsored by Reps. Larry Liston and Dan Pabon and Sen. Cheri Jahn. The bill enables the newly created Division of Unemployment Insurance (UI) to issue revenue bonds on behalf of the UI program. It requires certification from several officials, including the Executive Director of the CDLE, the State Treasurer, and the Governor, regarding the issuance of the revenue bonds.
  • SB 12-036 – Concerning Parental Consent for the Collection of Information from Students in Schools.
    Sponsored by Sen. Shawn Mitchell and Rep. Chris Holbert. The bill requires parental consent when schools gather certain information from students, including social security numbers or information regarding religious affiliation.
  • SB 12-128 - Concerning Achieving Efficiencies in the Medicaid Long-Term Care Program Through Greater Utilization of Alternative Care Facilities.
    Sponsored by Sen. Ellen Roberts and Rep. Ken Summers. The bill authorizes the Department of Health Care Policy and Financing to enhance reimbursements to alternative care facilities for patients transferred from nursing homes and also allows the DHCPF to create a program to identify Medicaid patients who are at risk of long-term nursing home placement and could otherwise utilize alternative care facilities.
  • HB 12-1110 - Concerning the Regulation of Appraisal Management Companies, and, in Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Angela Williams and Sen. Morgan Carroll. The bill redefines the legal meaning of appraisal management companies (AMCs) and creates a licensure process in the Division of Real Estate, including establishing licensure guidelines.

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

CLE Program: 2012 Legislative Update with Michael Valdez – Tales from Under the Golden Dome

This CLE presentation will take place on Tuesday, July 10. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.
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Governor Hickenlooper Signs More Bills, Including Industrial Hemp Bill

June 6, 2012 by Leave a Comment

In the past few weeks, Governor Hickenlooper has continued his efforts to sign bills into law. So far this legislative session, he has signed 278 bills into law.

Governor Hickenlooper traveled to Ft. Collins on May 22, 2012, to sign the following bill:

  • HB 12-1326 – Concerning Assistance to the Elderly, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Cindy Acree and Sen. John Kefalas. The bill encourages the State Board of Health Services to raise the monhly Old Age Pension amount and also allows seniors with partial Medicaid eligibility to receive dental assistance and transfers funds to the Senior Services Account.

Governor Hickenlooper signed 29 bills into law on Thursday, May 24, 2012, including one that encourages Colorado’s use of clean energy alternatives. Five of the bills signed that day are summarized here.

  • HB 12-1315 – Concerning the Reorganization of the Governor’s Energy Office and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Jon Becker and Sen. Pat Steadman. The bill reorganizes and renames the Governor’s Energy Office and changes its statutory mission. The bill intends to promote clean and renewable energy.
  • HB 12-1346 – Concerning Sex Offender Registration.
    Sponsored by Rep. Bob Gardner and Sen. Steve King. The bill establishes requirements for sex offender registration for individuals who do not have a fixed residence.
  • HB 12-1328 – Concerning Exclusion from the “Uniform Commercial Credit Code” of Certain Charges by Persons Regularly Engaged in Making Contracts for Purchase of Tangible Personal Property in the Course of Business if Those Charges Do Not Exceed Amounts Permitted by Law.
    Sponsored by Rep. Kevin Priola and Sen. Angela Giron. The bill clarifies the appication of the pawnbroker exclusion to the UCCC.
  • HB 12-1307 – Concerning the Authority of a Nonlawyer Trustee of a Certain Size Trust to Represent the Trust Before the Board of Assessment Appeals.
    Sponsored by Rep. Jim Kerr and Sen. Ellen Roberts. The bill authorizes a nonlawyer trustee to represent its trust before the Board of Assessment Appeals if the total size if the trust is less than $3 million.
  • SB 12-009 – Concerning the Consolidation of Cash Funds Administered by the Division of Water Resources, and, In Connection Therewith, Making and Reducing Appropriations.
    Sponsored by Sen. Mary Hodge and Rep. Keith Swerdfeger. The bill creates the water resources cash fund, as recommended by the Water Resources Review Committee, and consolidates it into six branches.

On Tuesday, May 29, 2012, Governor Hickenlooper signed 14 bills into law. Four of them are summarized here.

  • SB 12-078 – Concerning Protections for At-Risk Adults.
    Sponsored by Sen. Evie Hudak and Rep. Sue Schafer. The bill clarifies definitions and modifies requirements regarding the mistreatment, self-neglect, and exploitation of at-risk adults.
  • HB 12-1237 – Concerning the Records Kept by Unit Owners’ Association of a Common Interest Community.
    Sponsored by Rep. Angela Williams and Sen. Ted Harvey. The bill identifies a list of the records required to be kept by a unit owners’ association for a common interest community.
  • HB 12-1263 – Concerning Reducing Barriers to Employment by State of Colorado Agencies for People with Criminal Records.
    Sponsored by Rep. Claire Levy and Sen. Pat Steadman. The bill prohibits state agencies from advertising in employment solicitations that people with criminal backgrounds may not apply, and prevents agencies from doing background checks unless a conditional offer has been given.
  • HB 12-1293 – Concerning Modifications to Procedures that Govern Recall Elections.
    Sponsored by Rep. Nancy Todd and Sen. Keith King. The bill makes various changes and clarifications to the rules governing recall elections.

On Wednesday, May 30, 2012, Governor Hickenlooper signed one bill into law.

  • HB 12-1278 – Concerning the Authorization of a Study of the South Platte River Alluvial Aquifer, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Randy Fischer and Sen. Scott Renfroe. The bill requires the CWCB in connection with the State Engineer and the Colorado Water Institute to conduct a study to compile historical hydrological data for the South Platte River Basin.

Finally, on Monday, June 4, 2012, Governor Hickenlooper signed 17 bills into law. Four of them are summarized here.

  • HB 12-1261 – Concerning Effective Educators in Low-Performing, High-Needs Schools, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Judy Solano and Sen. Bob Bacon. The bill requires that teachers and principals holding certification from the National Board for Professional Teaching Standards be awarded a stipend.
  • SB 12-068 – Concerning Prohibiting the Inclusion of Industrially Produced Trans Fats in Foods Made Available to Students by Public Schools, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Sen. Lucia Guzman and Rep. Tom Massey. The bill prohibits public schools from making available foods or beverages that contain industrially produced trans fats. The bill requires districts with 1,000 or more students to comply and encourages districts with fewer than 1,000 students to comply.
  • HB 12-1099 – Concerning the Establishment of an Industrial Hemp Remediation Pilot Program to Study Phytoremediation Through the Growth of Hemp on Contaminated Soil, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Wes McKinley and Sens. Lois Tochtrop and Suzanne Williams. The bill allows the Industrial Hemp Remediation Pilot Program to study how contaminated soils and water can be purified by the growth of industrial hemp.
  • HB 12-1314 – Concerning an Exception to the Requirement to File an Oil and Gas Severance Tax Return for a Person Who Has Less Than a Certain Amount Withheld, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Jerry Sonnenberg and Sen. Cheri Jahn. The bill creates an exception from filing oil and gas severance tax returns and prohibits the DOR from sending non-filing taxpayers notices of liability unless certain requirements are met.

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

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Governor Hickenlooper Continues to Sign Bills Into Law

May 22, 2012 by Leave a Comment

Governor Hickenlooper continues to sign bills that cross his desk. To date, he has signed over 200 bills into law.

Eight bills were signed by the governor on May 11, 2012. Three of them are summarized here.

  • SB 12-123 – Concerning the Secretary of State’s On-Line Business Filing System, and, In Connection Therewith, Authorizing Enhancements to the System, the Designation of Commercial Registered Agents, and Changes to a Reporting Entity’s Anniversary Month and Making an Appropriation.
    Sponsored by Sen. Scott Renfroe and Rep. J. Paul Brown. The bill requires the Secretary of State to develop and implement changes to the online business filing system.
  • HB 12-1114 – Concerning the Crime of Stalking.
    Sponsored by Rep. Millie Hamner and Sen. Gail Schwartz. The bill modifies the crime of stalking by requiring the issuance of a protection order at sentencing and requiring sentences including stalking charges to be served consecutively.
  • HB 12-1140 – Concerning the Duties of the Department of Public Health and Environment as Coordinator for Suicide Prevention Programs Throughout the State.
    Sponsored by Rep. Matt Jones and Sen. Linda Newell. The bill allows but does not require the Department of Public Health to coordinate with hospitals in order to distribute resource materials to people who have attempted suicide.

On Tuesday, May 15, Governor Hickenlooper signed one bill into law, which bill is summarized here.

  • HB 12-1086 – Concerning Implementation of Recommendations of the Committee on Legal Services in Connection with Legislative Review of Rules and Regulations of State Agencies.
    Sponsored by Rep. Bob Gardner and Sen. John Morse. The bill follows recommendations by the Committee on Legal Services regarding certain state agency rules and regulations.

Governor Hickenlooper signed five bills into law on Thursday, May 17, 2012, including HB 12-1238, the READ Act to promote early childhood literacy. This bill and two others are summarized below.

  • HB 12-1238 - Concerning Literacy Education for Students Enrolled in Kindergarten Through Third Grade, and, In Connection Therewith, Creating the “Colorado Early Literacy Act” and Making and Reducing Appropriations.
    Sponsored by Reps. Tom Massey and Millie Hamner and Sens. Mike Johnston and Nancy Spence. The bill strives to ensure that children receive the education needed to ensure they are able to read and succeed in life.
  • HB 12-1213 – Concerning the Penalty for a Person who Escapes from a Place of Confinement Other Than a County Jail or Correctional Facility.
    Sponsored by Rep. Rhonda Fields and Sen. Steve King. The bill exempts some felony escape charges from the designation of a habitual criminal.
  • HB 12-1292 – Concerning Technical Modifications to Laws Relating to the Administration of Elections, and, In Connection Therewith, Harmonizing Current Laws with Federal Law, Altering the Time Periods Within Which Certain Actions Must Be Taken, Raising Certain Fees, and Deleting Obsolete References.
    Sponsored by Rep. Carole Murray and Sen. Rollie Heath. The bill makes various procedural and substantive changes to election laws.

Three more bills were signed into law on Friday, May 19, 2012. These are summarized here.

  • HB 12-1276 – Concerning Child Care Licensure Waivers for Materials Related to a Child Care Center’s Curriculum.
    Sponsored by Rep. Crisanta Duran and Sen. Linda Newell. The bill allows child care centers to use certain materials in their curricula that previously were not allowed to be used without parental approval.
  • HB 12-1286 - Concerning Film Production Activities in Colorado, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Reps. Tom Massey and Mark Ferrandino and Sens. Linda Newell and Jean White. The bill attempts to encourage the production of films in Colorado by offering certain incentives.
  • HB 12-1108 – Concerning the Authority of the Colorado Department of Transportation to Have Signs Within Rights-of-Way on the Highway System.
    Sponsored by Rep. Daniel Kagan and Sen. Mark Scheffel. The bill repeals certain sign restrictions for the Colorado Department of Transportation.

On Saturday, May 19, 2012, Governor Hickenlooper signed three more bills into law as he traveled throughout the state. These bills are:

  • HB 12-1345 – Concerning the Financing of Public Schools, and, In Connection Therewith, Making and Reducing Appropriations.
    Sponsored by Rep. Tom Massey and Sen. Bob Bacon. The bill changes funding for students in K-12 education in Colorado.
  • HB 12-1080 – Concerning Changing the Name of Adams State College to Adams State University.
    Sponsored by Rep. Ed Vigil and Sen. Gail Schwartz. The bill changes the name of Adams State College to Adams State University, and allows the school to provide some graduate level programs.
  • SB 12S-002 – Concerning the Funding of Colorado Water Conservation Board Projects, and, In Connection Therewith, Making Appropriations.
    Sponsored by Sen. Gail Schwartz and Rep. Jerry Sonnenberg. The bill appropriates funds from the Colorado Water Conservation Board for certain water-related projects.

Finally, five more bills were signed by the Governor as he journeyed to Glenwood Springs and Grand Junction on Monday, May 21. Two of these are summarized here.

  • HB 12-1329 – Concerning the County Treasurer Becoming the Public Trustee in Certain Counties Where the Public Trustee is Currently Appointed by the Governor.
    Sponsored by Reps. Ray Scott and Dan Pabon and Sen. Jeanne Nicholson. The bill allows the Board of County Commissioners for certain counties to include the budget for the Office of the Public Trustee in its budget. It also specifies which counties will have appointed public trustees.
  • HB 12-1042 – Concerning a State Income Tax Credit Related to the Portion of Colorado Estate Taxes Paid that are Attributable to Agricultural Land.
    Sponsored by Rep. Sal Pace and Sen. Gail Schwartz. The bill allows a state income tax credit for certain agricultural lands equal to the amount of an estate tax credit.

A complete list of Governor Hickenlooper’s legislative decisions is available here.

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Colorado Supreme Court: Proposed Ballot Initiative Contains Single Subject and Thus Complies with Colorado Constitution and Statutes

April 18, 2012 by Leave a Comment

The Colorado Supreme Court issued its opinion in In the Matter of the Title, Ballot Title, and Submission Clause for 2011–2012 #45: Kemper v. Hamilton on April 16, 2012.

Ballot and Election—Single Subject—Clear Title.

The Supreme Court affirmed the Title Board’s determination that proposed initiative 2011–2012 #45 contains a single subject—“public control of waters.” The initiative thus complies with the Colorado Constitution and with CRS § 1-40-106.5. In addition, the initiative’s title, ballot title, and submission clause clearly and fairly express the single subject of the initiative, and therefore comply with the Colorado Constitution and with CRS § 1-40-106.

Summary and full case available here.

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Colorado Supreme Court: Proposed Ballot Initiative Contains Single Subject and Thus Complies with Colorado Constitution and Statutes

April 18, 2012 by Leave a Comment

The Colorado Supreme Court issued its opinion in In the Matter of the Title, Ballot Title, and Submission Clause for 2011–2012 #3: Kemper v. Hamilton on April 16, 2012.

Ballot and Election—Single Subject—Clear Title.

The Supreme Court affirmed the Title Board’s determination that proposed initiative 2011–2012 #3 contains a single subject—“the public’s rights in the waters of natural streams.” The initiative thus complies with the Colorado Constitution and with CRS § 1-40-106.5. In addition, the initiative’s title, ballot title, and submission clause clearly and fairly express the single subject of the initiative, and therefore comply with the Colorado Constitution and with CRS § 1-40-106.

Summary and full case available here.

Filed Under: Case Law Tagged With: , , , ,
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