August 4, 2015

Colorado Court of Appeals: Maintenance Awards Exempt from Attorney Charging Liens

The Colorado Court of Appeals issued its opinion in In re Marriage of Dixon v. Samuel J. Stoorman & Associates PC on Thursday, July 16, 2015.

Charging Lien—Maintenance—Attorney Fees.

Samuel J. Stoorman & Associates PC (law firm) sought to enforce its lien against the maintenance payments that husband was obligated to pay to the law firm’s former client (wife). The law firm had represented wife in the dissolution action giving rise to husband’s maintenance obligation. The trial court determined that the maintenance payments were exempt from enforcement of the attorney’s lien.

On appeal, the law firm contended that the trial court erred in finding that the law firm’s attorney’s lien could not be enforced against husband’s spousal maintenance obligations. A charging lien automatically attaches to the fruits of the attorney’s representation of the client, to the extent of the attorney’s reasonable fees remaining due and unpaid. An attorney may immediately enforce the lien against the client once judgment in favor of the client is entered. Maintenance payments and obligations are exempt from enforcement of the charging lien. Accordingly, an attorney’s charging lien may not be enforced against a court-ordered spousal maintenance obligation or payment. The trial court’s denial of the law firm’s motion to enforce the lien against husband’s maintenance obligations to wife was affirmed. Nevertheless, the law firm’s position did not lack substantial justification because the question whether a charging lien may be enforced against spousal maintenance payments or obligations had not been decided at the time of the law firm’s motion. Consequently, the award of attorney fees and costs to husband was reversed and husband’s request for an award of attorney fees and costs incurred on appeal was denied.

Summary and full case available here, courtesy of The Colorado Lawyer.

Probate, Domestic Relations, District Court Civil, and More Forms Amended in June and July

In June and July 2015, the Colorado State Judicial Branch amended several forms in many different categories, including guardianship, small estate affidavit, dissolution of marriage, district court civil, and transcript request. The forms are available for download here in PDF format, and are available as Word documents on the State Judicial forms pages.

Adoption

  • JDF 532 – “Request for Access to Adoption Records” (revised 6/15)

District Court Civil

  • JDF 601 – “District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim, or Third Party Complaint” (revised 7/15)
  • JDF 603 – “Instructions to Complete District Court Civil (CV) Case Cover Sheet JDF 601 for Initial Pleading of Complaint, Counterclaim, Cross-Claim, Third Party Complaint, Rule 16.1 Simplified Procedure” (revised 7/15)
  • JDF 622 – “Proposed Case Management Order” (issued 7/15)

Domestic Relations

  • JDF 1099 – “Instructions to File for a Dissolution of Marriage or Legal Separation if there are No Children of this Marriage or the Children are Emancipated” (revised 7/15)
  • JDF 1100 – “Instructions to File Dissolution of Marriage or Legal Separation With Children of this Marriage” (revised 7/15)
  • JDF 1300 – “Instructions to Request Service by Publication” (revised 7/15)

Garnishments

  • JDF 82 – “Instructions for Collecting a Judgment and Completing a Writ of Garnishment” (revised 6/15)

Protective Proceedings/Probate

  • JDF 834 – “Guardian’s Report – Minor” (revised 6/15)
  • JDF 849 – “Letters of Guardianship – Adult” (revised 6/15)
  • JDF 850 – “Guardian’s Report – Adult” (revised 6/15)
  • JDF 998 – “Instructions for Completing Affidavit for the Collection of Personal Property of a Decedent” (revised 6/15)
  • JDF 999 – “Collection of Personal Property by Affidavit” (revised 6/15)

Transcript Request

  • JDF 4 – “Transcript Request Form” (revised 7/15)

For all of State Judicial’s JDF forms and instructions, click here.

Colorado Court of Appeals: Bond Condition Does Not Impermissibly Impair Defendant’s Right to Parent his Children

The Colorado Court of Appeals issued its opinion in People v. Fallis on Thursday, June 4, 2015.

Bond Conditions—Right to Parent.

A Weld County grand jury indicted petitioner for second-degree murder of his wife. The trial court released petitioner on bond. One of the bond conditions was that petitioner remain in Colorado during the pendency of this criminal case. Petitioner filed a motion to reconsider the bond condition, which was denied.

On appeal, petitioner argued that the trial court transgressed on his presumption of innocence in setting the bond condition and unconstitutionally interfered with his right to parent his children, who reside in Indiana. The court did not treat petitioner as guilty of the charged offense; instead, the court properly considered the nature of the charged offense and the penalty that would be imposed if he was found guilty beyond a reasonable doubt. Further, the court did not limit petitioner’s right to parent his children. Any such restrictions arise from circumstances outside the trial court’s control: petitioner’s decision to move himself and his children to Indiana after his wife’s death, and the temporary decision of an Indiana court prohibiting the children from being removed from Indiana. Accordingly, the court did not abuse its discretion in imposing the bond condition. The petition for review of the bail order was dismissed.

Summary and full case available here, courtesy of The Colorado Lawyer.

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

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

Signed

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

Vetoed

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

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

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

Vetoed

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

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

Several Bills Signed Last Week by Governor Hickenlooper

On Monday through Thursday last week, Governor Hickenlooper signed several bills into law. To date, the governor has signed 219 bills into law. The bills signed last week are summarized here.

Monday, May 11, 2015

  • HB 15-1198 – Concerning Enactment of the 2008 Amendments to the “Uniform Interstate Family Support Act”, by Rep. Mike Foote and Sen. Pat Steadman. The bill updates the Uniform Interstate Family Support Act to comply with mandates of the Hague Convention.
  • HB 15-1212 – Concerning Making Permanent the State Board of Land Commissioners’ Authority to Sell State Trust Land to Local Governments, by Rep. KC Becker and Sens. Andy Kerr & Michael Merrifield. The bill makes permanent the State Land Board’s authority to convey land to a local government twice in a year.
  • HB 15-1214 – Concerning Opioid Analgesics with Abuse-Deterrent Properties, by Rep. Jonathan Singer and Sen. John Cooke. The bill requires the governor to direct the Colorado Consortium for Prescription Drug Abuse Prevention to study the use of abuse-deterrent opioid analgesic drugs.
  • HB 15-1280 – Concerning the Creation of a Capital Reserve in Certain Cash Funds, by Rep. Dave Young and Sen. Kevin Grantham. The bill requires state agencies to identify capital reserves to pay costs associated with capital assets.
  • HB 15-1308 – Concerning Certain Responsibilities of the Legislative Branch with Respect to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act”, by Reps. Dominick Moreno & Polly Lawrence and Sens. Kevin Lundberg & Rollie Heath. The bill amends provisions of the SMART Act concerning meetings between members of the General Assembly and executive directors of state agencies.
  • SB 15-100 – Concerning Implementation of Recommendations of the Committee on Legal Services in Connection with Legislative Review of Rules and Regulations of State Agencies, by Sen. Pat Steadman and Reps. Mike Foote & Beth McCann. The bill continues some agency rules and regulations and allows others to expire based on recommendations of the Committee on Legal Services.
  • SB 15-104 – Concerning the Continuation of the Colorado Division of Securities, and, in Connection Therewith, Implementing the Recommendations of the 2014 Sunset Report by the Department of Regulatory Agencies, by Sen. Chris Holbert and Rep. Pete Lee. The bill continues the Division of Securities and implements the recommendations of the sunset review.
  • SB 15-110 – Concerning the Continuation of the Regulation by the Director of the Division of Professions and Occupations of Funeral Establishments, and, in Connection Therewith, Implementing the Recommendations of the Department of Regulatory Agencies as Contained in the 2014 Sunset Report and Making an Appropriation, by Sen. Randy Baumgardner and Rep. Joann Ginal. The bill continues the registration of funeral homes and crematories and implements suggestions of the sunset review.
  • SB 15-211 – Concerning an Automatic Funding Mechanism for Payment of Future Costs Attributable to Certain of the State’s Capital Assets, by Sen. Kent Lambert and Rep. Bob Rankin. The bill creates a process to automatically set aside capital to finance depreciation of assets.
  • SB 15-250 – Concerning Capital-Related Transfers of Moneys, by Sen. Kent Lambert and Rep. Millie Hamner. The bill changes the source of some capital construction fund moneys and makes three transfers to the CCF.

Tuesday, May 12, 2015

  • SB 15-022 – Concerning the Wildfire Risk Reduction Grant Fund, by Sen. Ellen Roberts and Rep. J. Paul Brown. The bill transfers funds into the Wildfire Risk Reduction Grant Fund and changes terminology.
  • SB 15-205 – Concerning the Utilization of Veterans’ Fire Corps Programs by the Division of Fire Prevention and Control in the Department of Public Safety, by Sens. Ellen Roberts & Leroy Garcia and Reps. Jon Keyser & Millie Hamner. The bill recognizes the existence of veterans’ fire corps programs and authorizes the Department of Public Safety to use the Wildfire Preparedness Fund to train, equip, and supervise a veterans’ fire corps crew.
  • HB 15-1006 – Concerning the Establishment of a Grant Program for the Management of Invasive Phreatophytes, and, in Connection Therewith, Making an Appropriation, by Reps. Don Coram & Ed Vigil and Sen. Jerry Sonnenberg. The bill creates a two-year grant program for the management of invasive phreatophyte plants in riparian zones of the state.

Wednesday, May 13, 2015

  • HB 15-1173 – Concerning a Requirement that Motor Vehicles Have Certain Traction Equipment when Driving on the Interstate 70 Mountain Corridor, by Reps. Diane Mitsch Bush & Bob Rankin and Sen. Nancy Todd. The bill requires all drivers using I-70 between Morrison and Dotsero between November 1 and May 15 to use mountain snow tires or chains or have a four-wheel drive/all-wheel drive vehicle and imposes penalty for drivers who do not comply with this regulation.
  • HB 15-1225 – Concerning the Provision of State Assistance to Local Governments for the Purpose of Improved Coordination in Federal Land Management Decision-Making, and, in Connection Therewith, Making an Appropriation, by Reps. Bob Rankin & KC Becker and Sens. Ellen Roberts & Kerry Donovan. The bill requires certain executive branch officers and directors to provide support to local governments affected by federal land management.
  • HB 15-1271 – Concerning the Funding of Mobile Learning Labs Through the Colorado Existing Industry Training Program, by Reps. Susan Lontine & Millie Hamner and Sens. Vicki Marble & Kerry Donovan. The bill authorizes the Colorado Existing Industry Training Program to fund mobile learning labs, or stand-alone vehicles equipped with program-specific hands-on learning modules.
  • SB 15-138 – Concerning Funding for the Accelerating Students Through Concurrent Enrollment Program, by Sen. Kerry Donovan and Rep. Jim Wilson. The bill clarifies distribution of funding for ASCENT students.
  • SB 15-282 – Concerning the Establishment of a Rural Jump-Start Program in Highly Distressed Counties of the State for New Businesses that Bring New Jobs to the State, and, in Connection Therewith, Making an Appropriation, by Sens. Ray Scott & Michael Johnston and Reps. Crisanta Duran & Yeulin Willett. The bill provides tax benefits to new businesses that locate in a rural jump-start zone.

Thursday, May 14, 2015

  • HB 15-1217 – Concerning the Ability of a Local Licensing Authority to Provide Input to the State Licensing Authority on Applications for Approval to Operate a Sales Room Submitted by Certain Persons Licensed Under the “Colorado Liquor Code”, and, in Connection Therewith, Making an Appropriation, by Rep. Jonathan Singer and Sen. Chris Holbert. The bill allows local governments to provide input on sales room license requests.
  • HB 15-1232 – Concerning the Emergency Use of Epinephrine Auto-Injectors by Authorized Entities, and, in Connection Therewith, Making an Appropriation, by Reps. Joann Ginal & Lois Landgraf and Sens. Nancy Todd & Beth Martinez Humenik. The bill authorizes various facilities such as daycare centers, amusement parks, restaurants, and other locations where anaphylaxis could occur, to stock a supply of epinephrine auto-injectors via a valid prescription.
  • HB 15-1358 – Concerning Creating a Permanent Differential Response Program for Child Abuse or Neglect Cases of Low or Moderate Risk, by Rep.  Jonathan Singer and Sens. Kevin Lundberg & John Kefalas. The bill continues the Differential Response Pilot Program to divert low- and moderate-risk cases of abuse or neglect to voluntary services rather than adversarial court intervention.
  • SB 15-253 – Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making an Appropriation, by Sen. Jerry Sonnenberg and Rep. Ed Vigil. The bill appropriates money from the CWCB Construction Fund for specific projects in FY 2015-16 and authorizes additional transfers.

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

Colorado Court of Appeals: Parties to Dissolution Have Affirmative Duty to Disclose Information Under Rule 16.2

The Colorado Court of Appeals issued its opinion in In re Marriage of Hunt on Thursday, May 7, 2015.

Legal Separation—Business Valuation—CRCP 16.2(e)—Mandatory Disclosures—Reallocation.

In July 2012, wife petitioned for legal separation of the parties’ marriage. One month later, husband filed a certificate of mandatory disclosures under CRCP 16.2. In September 2012, based on an agreement reached in mediation, the parties entered into a memorandum of understanding (MOU) dividing the marital value of a business, Big R Construction Company (Big R), owned and operated by husband. In March 2013, wife filed a motion for relief from the MOU provisions relating to Big R, which was denied.

On appeal, wife contended that husband violated CRCP 16.2(e) by not disclosing mandatory financial information regarding Big R, and therefore, the district court erred by not granting her motion to reopen the property division under CRCP 16.2(e)(10). Husband had an affirmative duty to disclose financial information regarding Big R, and he violated CRCP 16.2(e) by failing to disclose all personal and business financial statements prepared in the last three years; loan applications and agreements from 2011 and 2012; a 2010 appraisal of Big R’s real property; and a 2012 appraisal of its equipment. Without husband having violated the disclosure requirements of CRCP 16.2, wife would have been bound by her decision to enter into the MOU, acknowledging the uncertain value of Big R. Because husband violated CRCP 16.2(e), however, the plain language of CRCP 16.2(e)(10) applies, which allows a five-year period within which to reallocate “material assets or liabilities, the omission or non-disclosure of which materially affects the division of assets and liabilities. Accordingly, the district court should have applied CRCP 16.2(e)(10) and granted wife’s motion to reopen the property division, despite the MOU language. The district court’s order was reversed and the case was remanded.

Summary and full case available here, courtesy of The Colorado Lawyer.

Bills Regarding Oversight of CFIs, Electronic Benefits Card Transfer, and Promoting Water Conservation in Land Planning Signed

legislationOn Friday, May 1, 2015, Governor Hickenlooper signed 30 bills into law. To date, the governor has signed 176 bills into law. The bills signed on May 1 are summarized here.

  • HB 15-1153 – Concerning Oversight of Child and Family Investigators, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Dave Young and Sen. Pat Steadman. The bill consolidates the oversight of all CFIs into the Office of the State Court Administrator.
  • HB 15-1255 – Concerning the Enforcement of the Prohibited Use of Electronic Benefits Transfer Cards at Certain Locations, by Reps. Timothy Dore & Dan Pabon and Sens. Kevin Grantham & Cheri Jahn. The bill requires periodic reporting of the use of electronic benefits cards at prohibited locations and adds marijuana retailers to the list of prohibited locations.
  • HB 15-1294 – Concerning Alignment of State Law Regarding In-State Tuition Classification with the Federal “Veterans Access, Choice, and Accountability Act of 2014″, by Reps. Pete Lee & Jon Keyser and Sens. Nancy Todd & Owen Hill. The bill requires qualified Colorado institutes of higher education to classify eligible veterans as in-state for tuition purposes.
  • SB 15-008 – Concerning the Promotion of Water Conservation in the Land Use Planning Process, and, in Connection Therewith, Making an Appropriation, by Sen. Ellen Roberts and Rep. Ed Vigil. The bill requires the Colorado Water Conservation Board to develop conservation programs for local government land use planners.
  • SB 15-046 – Concerning Reducing the Cost of Attainment of Renewable Energy Standards by Electric Utilities that are not Investor-Owned, and, in Connection Therewith, Allowing Purchases of Electricity from Community Solar Gardens by Cooperative Electric Associations to Qualify as Retail Distributed Generation, by Sen. Kevin Grantham and Rep. Dominick Moreno. The bill reduces the retail distributed generation requirement for cooperative electric associations.
  • SB 15-060 – Concerning the Prevention of Multiple Voter Registrations by the Same Elector, by Sen. Chris Holbert and Rep. Justin Everett. The bill allows the Secretary of State to forward any information from the DMV to the appropriate county clerk for the purpose of updating voter registration information.
  • SB 15-065 – Concerning a Prohibition on the Use of Public Electronic Benefits Transfer Services at Certain Establishments, by Sen. Vicki Marble and Rep. Dan Nordberg. The bill prohibits recipients of electronic benefits transfer cards from using them at adult entertainment facilities or marijuana establishments.
  • SB 15-085 – Concerning the Expansion of the “Colorado Cottage Foods Act,” and, in Connection Therewith, Increasing the Net Revenue a Producer Can Earn Under the Act, by Sen. Beth Martinez Humenik and Reps. Faith Winter & Perry Buck. The bill allows “cottage food” producers to expand their allowable net revenues.
  • SB 15-106 – Concerning the Continuation of the Regulatory Authority Granted Under the “Barber and Cosmetologist Act,” and, in Connection Therewith, Continuing the Cosmetology Advisory Committee and Implementing the Other Recommendations of the Department of Regulatory Agencies as Contained in the 2014 Sunset Report and Making an Appropriation, by Sen. Laura Woods and Rep. Jeni James Arndt. The bill continues the “Barber and Cosmetologist Act” and enacts recommendations from the sunset review committee.
  • SB 15-122 – Concerning the Continuation of the Regulation of Massage Parlors, and, in Connection Therewith, Repealing the Regulation of Massage Parlors, by Sen. Linda Newell and Rep. Dominick Moreno. The bill limits the ability of local governments to regulate massage parlors.
  • SB 15-178 – Concerning the Continuation of the Colorado Commission for the Deaf and Hard of Hearing, and, in Connection Therewith, Implementing the Recommendations of the 2014 Sunset Report by the Department of Regulatory Agencies, by Sen. Linda Newell and Rep. Jessie Danielson. The bill continues the Colorado Commission for the Deaf and Hard of Hearing and implements recommendations of the sunset review committee.
  • SB 15-182 – Concerning Allowing the Department of Corrections to Transfer Certain Offenders to the Youthful Offender System to Participate in Age-Appropriate Programs, by Sens. Leroy Garcia & Larry Crowder and Reps. Clarice Navarro & Daneya Esgar. The bill allows the Department of Corrections to transfer offenders aged 24 or younger into or out of the Youthful Offender System.
  • SB 15-193 – Concerning the Consolidation of Two Reports that the Statewide Internet Portal Authority is Required to Submit to the Members of the General Assembly, by Sens. Patrick Neville & Tim Neville and Reps. Jack Tate & Max Tyler. The bill combines the reporting requirements of the Statewide Internet Portal Authority into one written report submitted to various legislative committees.
  • SB 15-194 – Concerning the Board of Directors of the Statewide Internet Portal Authority, by Sens. Patrick Neville & Tim Neville and Reps. Jack Tate & Max Tyler. The bill allows executive directors of executive branch agencies to select a designee to serve on the board in their stead, but designees may not serve as the board chair.
  • SB 15-198 – Concerning Modifications to the Colorado Water Conservation Board’s Fallowing Pilot Program, and, in Connection Therewith, Expanding the Program to Allow an Agricultural Water Right Owner to Lease an Agricultural Water Right for Temporary Agricultural, Environmental, Industrial, or Recreational Use, by Sen. Larry Crowder and Rep. Ed Vigil. The bill allows an agricultural water right owner to lease its right for temporary agricultural, environmental, industrial, or recreational use while the agricultural land goes fallow.
  • SB 15-235 – Concerning Increasing the Amount that the General Assembly may Appropriate for the Child Nutrition School Lunch Protection Program, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Millie Hamner. The bill increases the appropriation for the state school lunch program.
  • SB 15-236 – Concerning the Reorganization of Funds Expended by the State Historical Society, Sen. Kevin Grantham and Rep. Bob Rankin. The bill creates two separate subaccounts in the State Historical Fund.
  • SB 15-237 – Concerning Calculations Relating to Appropriations to Institutions of Higher Education, and, in Connection Therewith, Clarifying Calculations Required Pursuant to Sections 23-18-304 and 23-18-305, Colorado Revised Statutes, and Delaying Performance Funding Calculations Pursuant to Section 23-1-108, Colorado Revised Statutes, by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes technical clarifications to definitions used in higher education funding formulas.
  • SB 15-238 – Concerning Allowable Uses of Moneys in the General Fund Exempt Account that are Designated to Benefit Students Attending Institutions of Higher Education, by Sen. Pat Steadman & Rep. Millie Hamner. The bill adds specific uses to the list of qualified higher education appropriations.
  • SB 15-240 – Concerning a Funding Formula for Independent Living Centers, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Dave Young. The bill requires DHS to promulgate a rule regarding funding for independent living centers and requires base funding of $600,000 to each center.
  • SB 15-241 – Concerning Collaborative Management of Multi-Agency Services Provided to Children and Families, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Dave Young. The bill allows moneys from the general fund to be allocated to the Collaborative Management Fund in the DHS and makes changes to the program for collaborative management.
  • SB 15-242 – Concerning an Allocation in Addition to the Child Welfare Block Grant to Counties for the Purpose of Hiring New Child Welfare Staff, and, in Connection Therewith, Making an Appropriation, by Sen. Kevin Grantham and Rep. Dave Young. The bill creates a new allocation for distributing funds to counties to hire additional child welfare staff.
  • SB 15-243 – Concerning a Prohibition on the Transfer of State-Operated Beds Under the Waiver for Home- and Community-Based Services for Individuals with Intellectual and Developmental Disabilities, by Sen. Kent Lambert and Rep. Dave Young. The bill prohibits DHS from selling or closing state-operated centers with beds for individuals with disabilities.
  • SB 15-244 – Concerning the Transfer of Moneys to Offset the Federal Government’s Recoupment of Mineral Lease Payments to the State, by Sen. Kevin Grantham and Rep. Bob Rankin. The bill transfers moneys from the General Fund for three fiscal years to offset recoupment of federal mineral lease moneys.
  • SB 15-245 – Concerning the Provision of State Funding for Natural Hazard Mapping, by Sen. Kevin Grantham and Rep. Dave Young. The bill creates a three-year program for state mapping of natural hazards.
  • SB 15-246 – Concerning Modifications to Accommodate Certain Statewide Financial Information Technology Systems in the Department of Personnel, by Sen. Kent Lambert and Rep. Bob Rankin. The bill requires the Department of Personnel and Administration to develop a method to bill users of its financial IT systems for the full cost of usage.
  • SB 15-248Concerning the Repeal of the State Facility Security Fund, by Sen. Kent Lambert and Rep. Millie Hamner. The bill repeals the state facility security fund, because there have been no grants made or deposits to the fund since its inception.
  • SB 15-249 – Concerning a Transfer from the Marijuana Tax Cash Fund to the General Fund, by Sen. Kent Lambert and Rep. Millie Hamner. The bill increases the transfer of moneys from the marijuana tax cash fund to the General Fund.
  • SB 15-251 – Concerning the Exclusion of Appropriations for Real Property Lease-Purchase Payments from the Basis for the Calculation of the General Fund Reserve, by Sen. Kent Lambert and Rep. Millie Hamner. The bill exempts payments for certificates of participation in lease-purchase agreements from the General Fund for purposes of calculating reserves.
  • SB 15-255 – Concerning the Deposit of Twenty Million Dollars of State Severance Tax Revenues in the General Fund, by Sen. Kent Lambert and Rep. Millie Hamner. The bill diverts money from the state severance tax fund to the General Fund.

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

Budget Bill and Appropriations Bills Signed by Governor Hickenlooper

On Friday, April 24, 2015, Governor Hickenlooper signed eight bills into law, including the 2015-2016 fiscal year Long Appropriations Bill. To date, the governor has signed 146 bills into law this legislative session. The bills signed Friday are summarized here.

  • SB 15-234FY 2015-16 Long Appropriations Bill, by Sen. Kent Lambert and Rep. Millie Hamner. The bill sets the state budget for the 2015-16 fiscal year. A summary of some of the budget items is available here.
  • HB 15-1266 – Concerning the Information Technology Budget Request Process, by Rep. Bob Rankin and Sen. Kent Lambert. The bill modifies the procedure for IT budget requests from state agencies and institutes of higher education.
  • HB 15-1149 – Concerning the Respondent Parents’ Counsel, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Millie Hamner and Sen. Kent Lambert. The bill pushes the start date for the judicial department’s development of an Office of Respondent Parents’ Counsel to July 1, 2016, and creates a nine-member governing commission for that office.
  • HB 15-1269 – Concerning the Transfer of Persons Who Cannot Be Safely Confined in their Current Facility Between a Department of Corrections Facility and a Facility Operated by the Department of Human Services, by Reps. Beth McCann & Joann Ginal and Sen. Kevin Grantham. The bill clarifies procedures for the transfer of inmates from a DOC facility to a DHS facility, and specifies that DHS may not transfer non-offenders to the DOC.
  • HB 15-1295 – Concerning Inspections Conducted by Institutes of Higher Education, by Reps. Jovan Melton & Kevin Priola and Sen. Chris Holbert. The bill enlarges the scope of work that may be overseen by building departments at institutes of higher education.
  • HB 15-1042 – Concerning Requiring Presentence Reports to Include a Statement Concerning a Defendant’s Eligibility for Release from Incarceration, by Rep. Mike Foote and Sen. John Cooke. The bill requires that presentence reports prepared for inmates sentenced for felonies occurring after July 1, 2004, include a statement about how long the defendant is expected to be incarcerated.
  • HB 15-1072 – Concerning Harassment Through an Interactive Electronic Medium, by Rep. Rhonda Fields and Sen. Linda Newell. The bill modifies the existing harassment statute to include harassment through electronic media.
  • HB 15-1204 – Concerning the Creation of a Distillery Pub License, by Rep. Dan Pabon and Sen. Andy Kerr. The bill creates a new liquor license for spiritous distilleries so that they may operate a pub that serves alcoholic beverages on the premises.

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

Colorado Court of Appeals: Trial Court Appropriately Declined Jurisdiction Under UCCJEA

The Colorado Court of Appeals issued its opinion in In re Parental Responsibilities Concerning B.C.B., a Child on Thursday, April 9, 2015.

Jurisdiction Under the Uniform Child-Custody Jurisdiction and Enforcement Act.

Mother and father, who were not married, are the parents of B.C.B., born in Idaho in December 2012. The couple moved to Colorado with B.C.B. in July 2013. In August 2013, mother and B.C.B. traveled to Massachusetts, where mother’s extended family lived. Mother testified at the hearing to determine Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) jurisdiction that she had intended to return to Colorado; however, while in Massachusetts, she decided her relationship with father would not work and therefore did not return.

In September 2013, father petitioned the Colorado district court for an allocation of parental responsibilities. Mother contested jurisdiction and filed a custody action in Massachusetts. The Massachusetts court entered temporary orders granting custody to mother in October 2013.

Following conferral between the Colorado and Massachusetts courts, the Colorado court asserted temporary emergency jurisdiction over B.C.B., ordered mother to return to Colorado with B.C.B., and set a hearing to determine jurisdiction. The Massachusetts court vacated its temporary order and stayed its proceedings pending the Colorado decision on jurisdiction.

The Colorado court determined that (1) Idaho was B.C.B.’s home state under the UCCJEA; (2) neither party wanted Idaho to take jurisdiction; and (3) either Colorado or Massachusetts could exercise jurisdiction, but neither was required to do so. The court then declined its jurisdiction on the basis that Colorado was not the most appropriate forum. Father appealed.

The Court of Appeals applied an abuse of discretion standard in reviewing the trial court’s decision to decline to exercise jurisdiction. The Court held that the child had no home state because neither the parents nor the child lived in Idaho when father filed his petition and the child had not lived in either Colorado or Massachusetts long enough to establish home state jurisdiction. Despite this error by the trial court, it properly proceeded under CRS § 14-13-201(1)(b) to consider whether B.C.B. and his parents had a significant connection with Colorado and whether substantial evidence concerning B.C.B. was located in Colorado. Because the court’s factual findings as to the lack of significant connection with Colorado or of substantial evidence in Colorado were supported by the record, the Court will not disturb them. The judgment was affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.

Adoption, Domestic Relations Forms Amended in February

In February 2015, the Colorado State Judicial Branch released three amended forms. These forms are the first forms amended in 2015 to date. Forms are available for download here in PDF format and are also available as Word documents on the State Judicial website.

ADOPTION

  • JDF 494 – “Instructions for Access to Adoption Records” (revised 2/15)
  • JDF 532 – “Request for Access to Adoption Records” (revised 2/15)

DOMESTIC RELATIONS

  • JDF 1700 – “Instructions to File for Grandparent or Great-Grandparent Visitation” (revised 2/15)

For all of State Judicial’s JDF forms, click here.

e-Legislative Report: February 17, 2015

legislationCBA 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.

Meeting held Friday, February 13

SB 15-129 — Preserving Parent-child Relationships
Sponsor: Senator Kevin Lundberg (R)
The LPC voted to oppose this bill in part because of the fundamental way that it changed the presumption of parenting time away from the “best interest of the child” to a different standard more focused on the parents in divorce proceedings. The bill was heard in committee on Wednesday the 11th and was passed on a party line vote after substantial amendments. SB-129 was referred to the Appropriations Committee for consideration of the bill’s fiscal impact.

SB 15-174 — Uniform Substitute Decision Making Documents Act
Sponsor: Senator Patrick Steadman (D)
The LPC voted to oppose this bill. The committee felt that the bill conflicts with existing statute, was unnecessary in many respects and that it potentially created more gaps and questions with existing law than its adoption would solve.

HB 15-1091 — Policies On Juvenile Shackling In Court
Sponsors: Representative Susan Lontine (D), Senator Michael G. Merrifield (D)
The LPC was concerned that while this bill was very well intentioned, it raised significant potential problems with separation of power between the legislative and judicial branches.

At the Capitol: Week of February 9

SB 15-049 — Real Estate Title Vests In Entity Once Formed
Sponsors: Senator Beth Martinez Humenik (R), Representative Jon Keyser (R)
This bill, supported by the Bar, passed through the Senate this past week. It has been assigned to the House Business Affairs and Labor Committee and has not yet been calendared for a hearing.

HB 15-1121 — Wind Energy Generation
Sponsors: Representative Jon Becker (R), Senator Jerry Sonnenberg (R)
The bill, supported by the Bar, also passed through its first chamber (the House) last week. It will next be heard in the Senate, where it has been assigned to the Agriculture, Natural Resources & Energy Committee. It will be heard by that committee on February 19.

SB 15-077 — Parents’ Bill of Rights
Sponsors: Senator Tim Neville (R), Representative Patrick Neville (R)
The bill passed out of the Senate committee hearing on a party line vote, and was debated on the floor. The bill was passed with amendments, and now moves to the House for consideration. It has not been calendared for consideration.

SB 15-042 — Mandatory Reports Of Animal Abuse
Sponsors: Senator Jerry Sonnenberg (R), Representative Jon Becker (R)
This bill was Postponed Indefinitely (killed) in committee. It will not be considered again this year. The CBA was opposed to the legislation.

HB 15-1101 — Public Defender ADC Records Open Records
Sponsors: Representatives Rhonda Fields (D), Polly Lawrence (R)
This bill was Postponed Indefinitely (killed) in committee. It will not be considered again this year. The CBA was opposed to the legislation.

HB 15-1174 — Information Protections Domestic Violence Victims
Sponsors: Representative Terri Carver (R), Senator Laura Woods (R)
The CBA has not taken a position on this bill—though we are working with the sponsors to ensure that the program will work as intended and not harm the real estate transaction process as a result of its adoption or implementation. It is likely that the CBA and its sections will participate in stakeholder groups and work sessions this summer.

New Bills of Interest

Senate

SB 15-177 — HOA Construction Defect Lawsuit Approval Timelines
Sponsors: Brian DelGrosso (R), Mark Scheffel (R), Jonathan Singer (D), Jessie M. Ulibarri (D)
The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 2 of the bill.

Section 2 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must:

  • Be a neutral third party;
  • Make certain disclosures before being selected; and
  • Be selected as specified in the common interest community’s governing documents or, if not so specified, in accordance with the uniform arbitration act.

Section 1 adds definitions of key terms. Section 3 requires that before a construction defect claim is filed on behalf of the association:

  • The parties must submit the matter to mediation before a neutral third party; and The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated.

Section 4 adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community’s governing documents may require binding arbitration of certain disputes.

House

HB 15-1025 — Competency To Proceed Juvenile Justice System
Sponsors: Representative Paul Rosenthal (D), Senator Linda M. Newell (D)
The bill establishes a juvenile-specific definition of “incompetent to proceed” for juveniles involved in the juvenile justice system, as well as specific definitions for “developmental disability”, “intellectual disability”, “mental capacity”, and “mental disability” when used in this context. The bill clarifies the procedures for establishing incompetency, as well as for establishing the restoration of competency.

HB 15-1216 — Basis For Expert Opinion Testimony
Sponsors: Representative Kevin Priola (R), Senator John Cooke (R)
The bill prohibits a person from testifying concerning the person’s expert opinion unless certain conditions are met.

e-Legislative Report: February 10, 2015

legislationCBA 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.

Meeting held Friday, February 6
The following bills were discussed for action during last Friday’s LPC meeting.  Other bills of interest from that agenda are tracked and updated below.

SB 15-042 – Mandatory Reports Of Animal Abuse
(Senator Sonnenberg & Representative J. Becker)
The intent of the sponsors was to criminalize the recording of undercover videos showing animal cruelty in farming practices.  The Bar sections could not support the bill, or a subsequent “strike below”* amendment, because the language was overly broad, potentially unconstitutional and would lead to unintended consequences.  The LPC voted to oppose this bill at the recommendation of the Animal Law and Agricultural Law Sections.

HB 15-1101 – Public Defender ADC Records Open Records
(Representatives Field and Lawrence)
The LPC voted to oppose this bill as well.  The committee was concerned about the impact of Rule 1.6 and the financial impact of the bill to the State.  There was also concern that this bill would open the door for CORA requests of the Judicial Branch – and the potential impact that would have.  The LPC voted unanimously to oppose this bill.

HB 15-1037 – Freedom of Conscience Higher Ed
(Representative Priola & Senator Neville)
This bill was considered at the request of the Civil Rights Committee who presented that the bill was intended to “protect religious freedom and the right of association.”  After some discussion, the LPC voted to take no position on this bill.

At the Capitol: Week of February 2

HB 15-1135 – Terminally Ill Individuals End-of-life Decisions
(Representatives Court and Ginal & Senator Guzman)
HB 1135 was the big bill last week at the capitol.  Testimony began a little after 9:30am and concluded shortly before 10pm!  The emotional level of testimony was compelling.  There were approximately 120 people that signed up to testify for the bill ranging from all types of organizations and all walks of life. Many made passionate testimony on both sides of the bill which was a true indicator that our group made the correct policy decision to fix the issues and then maintain our neutrality. It is an issue that people either feel at a core level to support or they don’t.  The Committee voted to send the bill to the next committee Appropriations.  That motion failed 8-5.  There was a motion to Postpone the bill indefinitely, (passing 9-4) killing the bill for the remainder of the session.

Many Bar sections weighed in on the bill, its technical merits, and the drafting problems of the bill.  While individual sections had vigorous debates on the policy of “death with dignity” or physician assisted suicide, the LPC took no position on the bill itself.

SB 15-077 – Parents’ Bill of Rights
(Senator Neville & Representative Neville)
This Senate Bill sponsored by the father-son legislative team from Jefferson County was heard and passed out of the Senate committee last week.  The bill is set for its key second reading on Wednesday. Senate Bill 77, the so-called “Parents’ Bill of Rights” sponsored by Sen. Tim Neville and Rep. Patrick Neville, would give parents certain rights over the health care, education and mental health care of minor children.  The Bar Association voted to oppose this legislation at its LPC meeting on January 30.

SB 15-049 – Real Estate Title Vests In Entity Once Formed
(Senator Martinez Humenik & Representative Keyser)
This bill – supported by the bar – continues through the legislature on a straightforward course. It has now passed the Senate and will be heard in the Hose Business Affairs and Labor Committee, where Rep. Keyser will be the key sponsor.

HB 15-1121 – Wind Energy Generation
(Representative J. Becker & Senator Sonnenberg)
This Bar supported bill is also progressing through the legislative process.  Representative Becker has successfully completed the House process, and the bill passes to Senator Sonnenberg for the final leg of its legislative journey.

New Bills of Interest

Senate

SB 15-129 – Preserving Parent-child Relationships
(Senator Lundberg)
The bill amends provisions relating to best interests of a child in domestic relations actions and certain other actions in the juvenile code. With respect to such actions, the bill:

Amends the legislative declaration to emphasize the fundamental liberty interest of both parents and children in maintaining the parent-child relationship;

With respect to temporary orders hearings, if there has been a temporary or permanent protection order entered against one or both parties either prior to or in conjunction with the domestic relations action, requires the court to grant an expedited hearing at the request of either party for purposes of modifying provisions in the protection order relating to parenting time, communication, and access to a child. The court shall order substantially equal parenting time and access to the child unless it finds that such orders are clearly not in the child’s best interest. The court shall also enter any orders necessary for the safety of the protected party relating to the restrained party’s parenting time with the child.

Changes the nature of an investigation by a court-appointed child and family investigator (CFI) from evaluation and recommendations to investigation and fact-finding. CFIs will conduct an objective investigation of issues as specifically directed by the court and will provide written factual findings to the court that are supported by credible evidence. A CFI’s report will not make recommendations regarding the allocation of parental responsibilities but will provide the court with the factual findings the court deems necessary to make such determinations.

Amends language in the legislative declaration regarding the allocation of parental rights and responsibilities relating to the best interests of the child. Also, the bill requires the court to allocate substantially equal parenting time unless the court finds that doing so would endanger a child’s physical health or significantly impair the child’s emotional development. In addition, the court shall award mutual decision-making responsibilities with respect to the child unless the court finds that such an order is clearly not in the child’s best interest.

For purposes of temporary orders in a domestic relations action, requires the court to award substantially equal parenting time to the parties unless the court finds that doing so would endanger a child’s physical health or significantly impair the child’s emotional development. In addition, the court shall order mutual decision-making responsibilities unless mutual decision-making is clearly not in the child’s best interest.

Changes the nature of an evaluation by a court-appointed parental responsibilities evaluator to an investigation by a mental health professional. The mental health investigation is limited to mental health diagnoses, assessments of relevant addictions, or other mental health-related issues that are relevant to the court’s allocation of parental responsibilities for the child. The investigator’s report shall contain findings of fact but shall not contain conclusions or recommendations relating to the allocation of parental rights and responsibilities.

Clarifies that the 2-year restriction on filing motions that request a substantial change in parenting time and that also change the party with whom the child resides the majority of the time do not apply to moderate changes to parenting time when the existing parenting time order awarded substantially equal parenting time to the parties; and

Amends the provisions relating to modification of decision-making responsibility for a child from requiring the court to retain the prior decision-maker unless certain criteria are met to permitting the court to change the decision-maker after considering certain criteria, including whether an award of mutual decision-making responsibilities is now in the child’s best interest.

SB 15-174 – Uniform Substitute Decision Making Documents Act
(Senator Steadman)
Colorado Commission on Uniform State Laws. The bill adopts, with amendments, the “Uniform Substitute Decision-making Documents Act” as Colorado law. The bill establishes the circumstances under which a substitute decision-making document (document) executed outside this state is valid in this state. A person may assume in good faith that a document is genuine, valid, and still in effect and that the decision-maker’s authority is genuine, valid, and still in effect. A person who is asked to accept a document shall do so within a reasonable amount of time. The person may not require an additional or different form of document for authority granted in the document presented. A person who refuses to accept a substitute document is subject to:  A court order mandating acceptance of the document; and Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that mandates acceptance of the document. A person is not required to accept a substitute document under certain described conditions.

House

HB 15-1043 – Felony Offense For Repeat DUI Offenders
(Senators Cooke and Johnson & Representatives McCann and Saine)
Under current law, a DUI, DUI per se, or DWAI is a misdemeanor offense. The bill makes such an offense a class 4 felony if the violation occurred: (1) After 3 or more prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof; or (2) not more than 7 years after the first of 2 prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof, if the violation included at least one of the following circumstances: One or more persons less than 18 years of age were present in the person’s vehicle at the time of the violation;  In committing the violation, the person caused damage or injury to any property or persons;  After committing the violation, the person fled the scene; or At the time of the violation, or within 2 hours after the violation, the person’s BAC was 0.15 or higher. Under current law, aggravated driving with a revoked license is a class 6 felony. The bill changes the penalty to a class 1 misdemeanor but requires a sentencing court to ensure that an offender spends a minimum of 60 days in the custody of a county jail. Under current law, a person whose privilege to drive was revoked for multiple convictions for any combination of a DUI, DUI per se, or DWAI must hold an interlock-restricted license for at least one year following reinstatement prior to being eligible to obtain any other driver’s license. The bill expands this period to a minimum of 2 years and a maximum of 5 years. The bill repeals provisions relating to the crime of aggravated driving with a revoked license when the offender also commits DUI, DUI per se, or DWAI as part of the same criminal episode. The bill makes conforming amendments.

HB 15-1161 – Public Accommodation First Amendment Rights
(Representative Klingenschmitt)
The bill specifies that neither the civil rights division, the civil rights commission, nor a court with jurisdiction to hear civil actions brought under the public accommodations laws may compel involuntary speech or acts of involuntary artistic expression or involuntary religious expression by a person when such speech or acts of artistic or religious expression would lead to that person directly or indirectly participating in, directly or indirectly supporting, or endorsing or impliedly endorsing an ideology, ceremony, creed, behavior, or practice with which the person does not agree.

HB 15-1189 – Uniform Fiduciary Access to Digital Assets Act
(Representative Keyser & Senator Steadman)
Colorado Commission on Uniform State Laws. The bill enacts the “Uniform Fiduciary Access to Digital Assets Act”, as amended, as Colorado law. The bill sets forth the conditions under which certain fiduciaries may access: The content of an electronic communication of a principal or decedent; A catalog of electronic communications sent or received by a decedent or principal; and  Any other digital asset in which a principal has a right or interest or in which a decedent had a right or interest at death. As to tangible personal property capable of receiving, storing, processing, or sending a digital asset, a fiduciary with authority over the property of a decedent, protected person, principal, or settlor may access the property and any digital asset stored in it and is an authorized user for purposes of computer fraud and unauthorized computer access laws.

“Fiduciary” means a personal representative, a conservator, an agent, or a trustee. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good-faith compliance with the provisions of the bill.

HB 15-1203 – Concerning earned time for certain offenders serving life sentences as habitual offenders
(Representative Rosenthal & Senator Steadman)
Under current law, an offender who was sentenced to a habitual offender 40-calendar-year life sentence before July 1, 1993, is not accruing earned time. The bill permits those sentenced under those circumstances to accrue earned time.

HB 15-1212 – Authority To Sell State Trust Lands To Local Gov
(Representative KC Becker & Senator Kerr)
In 2010, a law was enacted that allowed the state board of land commissioners (board) to convey land to units of local government if the conveyance would add value to adjoining or nearby state trust property, benefit board operations, or comply with local land use regulations. When enacted, the authority was set to repeal on July 1, 2015. The bill repeals that automatic repeal and makes the board’s authority permanent.

 

*a “Strike Below” amendment essentially replaces the entire bill below the title with an entirely different bill.  In practice this changes almost everything about the bill – but addresses the same topic, allowing for the sponsor to retain his/her bill and to continue working on the topic.  It is generally used when interested parties and stakeholders need a complete rewrite of the bill as originally introduced in ordrr to try and reach consensus.