June 17, 2013

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Bills Regarding Employment Law, the Colorado Governmental Immunity Act, and More Signed by Governor

April 24, 2013 by Leave a Comment

On Friday, April 19, 2013, Governor Hickenlooper signed one dozen bills. He has currently signed a total of 137 bills this legislative session. The bills signed Friday include bills relating to employment law, damages under the Colorado Governmental Immunity Act, education law, and more. The bills are summarized here.

  • SB 13-013 - Concerning Peace Officer Authority for Certain Employees of the United States Secret Service, by Sen. Steve King and Rep. Beth McCann. The bill allows certain agents of the U.S. Secret Service to have limited peace officer authority while working in Colorado.
  • SB 13-018 - Concerning the Use of Consumer Credit Information by Employers, by Sen. Jessie Ulibarri and Rep. Randy Fischer. The bill restricts the use of employees’ and applicants’ consumer credit information by employers, and requires employers to allow employees or potential employees to explain any adverse information.
  • SB 13-023 - Concerning an Increase in the Limitation on the Amount of Damages that may be Recovered by an Injured Party under the “Colorado Governmental Immunity Act,” by Sens. Bill Cadman and John Morse and Reps. Claire Levy and Bob Gardner. The bill increases the amount of damages available under the CGIA to reflect inflation adjustments.
  • SB 13-042 - Concerning the Renewal of Distinguished Foreign Teaching Physician Licenses by a Person Ranked Lower than an Associate Professor, by Sen. John Morse and Rep. Mark Waller. The bill allows distinguished foreign physicians who are teaching at state medical schools to renew their licenses if they are at the level of assistant professor or higher.
  • SB 13-058 - Concerning the Verification Requirement for Parking Privileges for Persons with a Permanent Disability, by Sen. Kevin Grantham and Rep. Lois Landgraf. The bill waives the requirement that persons with permanent disabilities must prove their disabilities every three years in order to renew their parking permits.
  • SB 13-071 - Concerning Uniquely Identifying Student Numbers for Persons Enrolled in Adult Education Programs, by Sen. Evie Hudak and Rep. Rhonda Fields. The bill requires that the Educational Data Subcommittee must identify a method for applying a unique student identification number to individuals enrolled in adult education programs.
  • SB 13-139 - Concerning Supplemental On-Line Education Services, by Sen. Ellen Roberts and Rep. Don Coram. The bill designates the authority to contract for online education services to the Board of Cooperative Educational Services.
  • SB 13-184 - Concerning Repeal of the Criminal Penalties for Discrimination in Places of Public Accommodation, by Sens. Pat Steadman and Steve King and Rep. Paul Rosenthal. The bill repeals the criminal penalties for discrimination in public places but leaves in place the civil penalties.
  • SB 13-192 - Concerning the Ability of Government Agencies to Extend the Time Permitted for Action Based on the Results of Fingerprint-Based Criminal History Record Checks, by Sen. Rollie Heath and Rep. Max Tyler. The bill extends the amount of time government agencies may have before acting on the results of criminal background checks.
  • HB 13-1039 - Concerning Additional Sources of Moneys to be Credited to the Legislative Department Cash Fund, by Rep. Lois Court and Sen. Nancy Todd. The bill allows certain moneys collected to be allocated to the legislative department cash fund.
  • HB 13-1208 - Concerning Creative Districts and Authorizing the Creative Industries Division of the Colorado Office of Economic Development to Offer Incentives in the Form of Need-Based Funding for Infrastructure Development in State-Certified Creative Districts and to Provide Such Funding from any Moneys Appropriated to the Creative Industries Cash Fund for that Purpose, by Rep. Crisanta Duran and Sen. Linda Newell. The bill allows the Creative Industries Division in the Office of Economic Development to spend money to develop infrastructure for creative districts.
  • HB 13-1237 - Concerning the Voluntary Contribution Benefiting the Special Olympics Colorado Fund that Appears on the State Individual Income Tax Returns, by Reps. Dave Young and John Buckner and Sen. Mary Hodge. The bill reestablishes the Special Olympics tax return check-off, since it was not renewed in 2012 after its 2011 sunset.

For the complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

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Tenth Circuit: Summary Judgment for Defendant Affirmed in Defamation Case

April 18, 2013 by Leave a Comment

The Tenth Circuit published its opinion in Spacecon Specialty Contractors, LLC v. Bensinger on Monday, April 15, 2013.

Richard Bensinger produced and screened a film about Spacecon Specialty Contractors, LLC. Claiming the film conveyed several defamatory statements, Spacecon filed suit against Bensinger in the United States District Court for the District of Colorado, based on diversity jurisdiction, asserting a state-law claim for defamation per se. The district court granted Bensinger’s motion for summary judgment, concluding the messages conveyed by the film involved matters of public concern and Spacecon did not show Bensinger published the film with actual malice.

“In determining whether statements involve a matter of public concern, [a court] must analyze the content, form, and context of the statements, in conjunction with the motivation or ‘point’ of the statements as revealed by the whole record.” Spacecon focused its arguments on context and motive. The Tenth Circuit held that the film was a matter of public concern based on context. The messages of the film had the potential to impact many groups and the fact that a panel discussion was held after one showing illustrated that the film’s message was one of public concern.

The court then analyzed Bensinger’s motive in making the film. While there was some evidence Bensinger’s motive may have been to harm Spacecon, the fact that the film was a documentary shown to the public and its content and context all supported that it involved matters of public concern.

Spacecon argued the evidence showed Bensinger acted with actual malice. The court disagreed. “[V]iewing the evidence and drawing all reasonable inferences in Spacecon’s favor, no reasonable juror aware of the entire context surrounding the production and dissemination of the film could conclude by clear and convincing evidence that Bensinger included falsehoods in the film knowingly or with a reckless disregard for the truth.”

The court affirmed summary judgment for Bensinger.

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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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HB 12-1286: Moving Office of Film, Television, and Media to the Colorado Office of Economic Development and International Trade

April 6, 2012 by Leave a Comment

On February 7, 2012, Rep. Tom Massey and Sen. Linda Newell introduced HB 12-1286 – Concerning Film Production Activities in Colorado and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill modifies provisions governing the Colorado Office of Film, Television, and Media. The bill:

  • Moves the office to the office of economic development;
  • Adds “television show” to the definition of “film”;
  • Clarifies that sound recording is included in allowable payments for qualified local expenditures;
  • Reduces the payments allowed for each employee or contractor frnt of qualified local expenditures for a production company that does not originate the film production activities in Colorado to $1 million;
  • Requires the Colorado economic development commission to approve all conditional approvals of the incentives;
  • Requires a production company that has received conditional approval for an incentive to retain a certified public accountant licensed to practice in this state to conduct an audit of financial documents that detail the expenses incurred in the course of the film production activities in Colorado, and requires such certified public accountant to certify to the office that the requirements were met; and
  • Creates the Colorado office of film, television, and media operational account cash fund.

The bill makes conforming amendments related to moving the office and creating the cash fund. The bill makes a $3 million appropriation from the general fund to the Colorado office of film, television, and media operational account cash fund. On February 16, the bill was amended by the Economic and Business Development Committee and referred to the Finance Committee. The Finance Committee approved and mended the bill on February 29 and referred it to the Appropriations Committee.

Since this summary, the bill was amended by the Appropriations Committee and referred to the House Committee of the Whole.

Summaries of other featured bills can be found here.

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2013-06-18 04:46:04