May 25, 2013

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Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

May 17, 2013 by Leave a Comment

Governor Hickenlooper continues to sign legislation as it crosses his desk. To date, he has signed an impressive 240 pieces of legislation into law. He is expected to sign more bills in the coming days and weeks.

On Tuesday, May 14, 2013, Governor Hickenlooper signed five bills. They are summarized here.

Governor Hickenlooper also signed 12 bills on Wednesday, May 15, and Thursday, May 16, 2013. Five of the bills are summarized here.

It’s not over yet—stay tuned for the latest legislative decisions by Governor Hickenlooper. For a complete list of the bills that have been signed this legislative session, click here.

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Governor Hickenlooper Signs Bills Regarding Water Law, Medical Marijuana, Unemployment Insurance, and More

April 19, 2013 by Leave a Comment

Governor Hickenlooper continues to sign bills as they reach his desk. To date, he has signed 137 bills into law.

On April 4, 2013, the governor signed 19 bills. Five of them are summarized here.

  • SB 13-074 - Concerning the Resolution of Ambiguities in Old Water Right Decrees Regarding the Place of Use of Irrigation Water, by Sen. Mary Hodge and Rep. Jerry Sonnenberg. The bill creates a mechanism to determine the maximum number of acres that may be irrigated under a pre-1937 determination of water rights.
  • HB 13-1054 - Concerning Lessening the Reduction of Unemployment Insurance Benefits Required when a Claimant Withdraws Amounts from a Retirement Plan as a Result of Unemployment, by Reps. Jovan Melton and Tony Exum and Sen. Lois Tochtrop. The bill changes the way unemployment benefits are affected by the withdrawal of funds from employer-sponsored retirement accounts.
  • HB 13-1061 - Concerning Standards for Responsible Medical Marijuana Vendors, by Rep. Dominick Moreno and Sen. Irene Aguilar. The bill creates the Responsible Medical Marijuana Vendor Server and Seller Designation for licensed medical marijuana businesses and establishes procedures for receiving the designation.
  • HB 13-1124  - Concerning the Reduction of Improper Unemployment Insurance Benefit Payments Through Compliance with the Federal “Trade Adjustment Assistance Extension act of 2011″ and Making an Appropriation, by Reps. Dan Pabon and Amy Stephens and Sen. Cheri Jahn. The bill conforms Colorado unemployment insurance law with federal law.
  • HB 13-1157 - Concerning Adoption of the 2012 “Uniform Commercial Code” Article 4.5 Amendments, by Rep. Frank McNulty and Sen. Angela Giron. The bill clarifies provisions of the Uniform Commercial Code regarding remittance transfers.

The governor signed 12 bills on April 8, 2013. Four of them are summarized here.

  • SB 13-030 - Concerning an Additional Review of Rules Promulgated Pursuant to the “State Administrative Procedure Act” by Committees of Reference of the General Assembly, by Sen. Mark Scheffel and Rep. Dan Nordberg. The bill creates additional notice for the public and the General Assembly for rules adopted as a result of legislation.
  • SB 13-041 - Concerning the Protection of Stored Water and Preserving Supplies for Drought and Long-Term Needs, by Sens. Mary Hodge and Ellen Roberts and Reps. Randy Fischer and Jerry Sonnenberg. The bill, enacted because of the Colorado Supreme Court ruling in Upper Yampa Water Conservatory District v. Wolfe, expands the term “beneficial use” and clarifies rules regarding water storage rights.
  • SB 13-116 - Concerning the Authority of Forensic Psychologists to Conduct Mental Health Evaluations under Article 8 of Title 16, Colorado Revised Statutes, by Sen. Jessie Ulibarri and Rep. Pete Lee. The bill authorizes licenses forensic psychologists to conduct mental health evaluations for criminal defendants if so ordered by the court.
  • HB 13-1202 - Concerning Counseling by Medicaid Providers Relating to Medical Orders for Scope of Treatment, by Reps. Cheri Gerou and Mark Ferrandino and Sen. John Kefalas. The bill allows reimbursement for Medicaid providers who offer counseling regarding medical orders for scope of treatment.

Finally, on April 18, 2013, Governor Hickenlooper signed four bills into law. They are summarized here.

  • HB 13-1060 - Concerning Raising the Maximum Fine that may be Assessed by a Municipal Court, by Rep. Mike McLachlan and Sen. Linda Newell. The bill raises the maximum fine that may be assessed by a municipal court and allows for adjustments for inflation.
  • HB 13-1147 - Concerning Voter Registration Facilitated by State Institutions of Higher Education, by Rep. Jovan Melton and Sen. Linda Newell. The bill requires state institutions of higher education to provide a link to voter registration for students who are registering online for classes, and to provide information about voter registration if the institution does not use online registration.
  • HB 13-1179 - Concerning Deadlines for State Agencies to Submit Documents Related to Appropriations to the Joint Budget Committee, by Rep. Claire Levy and Sen. Pat Steadman. The bill requires state agencies to submit budget requests by certain deadlines.
  • HB 13-1243 - Concerning Factual Findings Included in Parenting Time Orders, by Rep. Dave Young and Sen. Jessie Ulibarri. The bill requires courts to submit specific facts to support endangerment of child in orders that restrict parenting time.

For a complete list of the governor’s 2013 legislative decisions, click here.

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Governor Hickenlooper Signs Three Firearms Bills

March 21, 2013 by Leave a Comment

At a press conference on Wednesday, March 20, 2013, Governor Hickenlooper solemnly signed three bills designed to help control gun violence in Colorado. The bills prohibit large-capacity ammunition magazines, require criminal background checks for all transfers of firearms (including private transfers), and allow the CBI to recoup the cost of the background checks. The bills are:

  • HB 13-1224 - Concerning Prohibiting Large-Capacity Ammunition Magazines, by Rep. Rhonda Fields and Sen. Mary Hodge. Effective July 1, 2013, the bill prohibits manufacture or purchase of any magazine capable of accepting more than 15 rounds of ammunition. 
  • HB 13-1228 - Concerning Requiring the Colorado Bureau of Investigation to Recoup the Cost of Performing an Instant Background Check Prior to the Transfer of a Firearm, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Lois Court and Sen. Rollie Heath. The bill allows the CBI to assess a charge for performing instant background checks.
  • HB 13-1229 - Concerning Criminal Background Checks Performed Pursuant to the Transfer of a Firearm, and in Connection Therewith, Making an Appropriation, by Reps. Rhonda Fields and Beth McCann and Sen. Morgan Carroll. The bill mandates criminal background checks for all transfers of firearms, including those between private parties.

Governor Hickenlooper issued a statement about the most controversial of the bills, HB 13-1224, noting that he acknowledges the concerns about the bill and stating

In considering the language of HB13-1224, we have consulted with the Office of the Attorney General and we concur with its advice that the large-capacity magazine ban should be construed narrowly to ensure compliance with the requirements of the Second Amendment and the Due Process Clause of the 14th Amendment. We have signed HB13-1224 into law based on the understanding that it will be interpreted and applied narrowly and consistently with these important constitutional provisions.

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

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Governor Hickenlooper Signs Several Bills Into Law

March 12, 2013 by Leave a Comment

Governor Hickenlooper continues to sign bills into law as they make it through the House and Senate. To date, he has signed 46 bills into law since January 31, 2013. Most recently, he signed 15 bills on March 8, 2013. Five of these bills are summarized here.

The governor also signed four bills on February 27, 2013, which are summarized here.

Prior to this, the governor signed 23 Joint Budget Committee bills and two other bills on February 19, 2013.

For a complete list of the governor’s legislative decisions to date, click here.

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Samuel Vigil Selected for Judgeship in Bent County Court

February 19, 2013 by Leave a Comment

On Wednesday, February 13, 2013, Governor Hickenlooper announced his selection of Samuel S. Vigil for a part-time judgeship in Bent County. Judge Vigil will fill a vacancy created by the appointment of Hon. Mark A. MacDonnell to the Sixteenth Judicial District Court bench. Judge Vigil’s appointment is effective immediately.

Samuel Vigil works in private practice in Las Animas. Previously, he worked as a Deputy District Attorney in the Sixteenth Judicial District. He also worked at Hudson Legal, where he practiced criminal law. He earned his bachelor’s degree from the University of New Mexico and his juris doctorate from Tulane University Law School.

 

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Governor Hickenlooper Announces Board and Commission Appointments

February 19, 2013 by Leave a Comment

On Thursday, February 14, 2013, Governor Hickenlooper announced appointments to several state boards and commissions, including the Child Support Commission, the Colorado Water Conservation Board, and the State Commission on Judicial Performance.

The Colorado Child Support Commission is required by C.R.S. § 14-10-115(16). It is charged with reviewing the child support guidelines at least every four years. The Commission reports to the governor and the General Assembly, and also reports on the implementation of any suggested changes. Governor Hickenlooper appointed Paulette St. James of Denver, to serve as Director in the Colorado Division of Child Support Enforcement and the Colorado Department of Human Services.

The Colorado Water Conservation Board (CWCB) represents each major water basin, Denver, and other state agencies in an effort to use water wisely and protect water for future generations. Some of the CWCB’s responsibilities include protecting Colorado’s streams and lakes, water conservation, flood mitigation, watershed protection, stream restoration, drought planning, water supply planning, and water project financing. Appointments to the CWCB must be confirmed by the Colorado Senate. Governor Hickenlooper’s appointments, expiring February 12, 2016, are:

  • James R.L. “Jay” Gallagher of Steamboat Springs, to serve as a representative from the Yampa-White drainage basin and as a Democrat.
  • Patricia Wells of Denver, to serve as a representative from the City and County of Denver and as a Democrat.
  • Russ George of Grand Junction, to serve as a representative from the main Colorado drainage basin and as a Republican, reappointed.

The State Commission on Judicial Performance is tasked with developing evaluation techniques for district and county judges, justices of the Supreme Court, and judges of the court of appeals.

The member appointed for a term effective immediately and expiring Nov. 30, 2015 is Joe D. Martinez of Alamosa, to serve as a non-attorney.

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Governor Hickenlooper Signs First Two Bills of the 2013 Legislative Session

January 31, 2013 by Leave a Comment

On Thursday, January 31, 2013, Governor Hickenlooper signed the first two bills of the 2013 legislative session.

House Bill 13-1057, Concerning the Retention of the Avalanche Information Center Within the Department of Natural Resources, was sponsored by Rep. Diane Mitsch Bush and Sen. Jeanne Nicholson. The bill specifies that, although the Colorado Geologic Survey transferred to the Colorado School of Mines from the Department of Natural Resources on January 31, 2013, the Colorado Avalanche Information Center will be retained at the DNR and classified as a Type 2 agency.

Senate Bill 13-036, Concerning the Repeal of the Requirement that the General Assembly Annually Pass a Joint Resolution to Certify a General Fund Revenue Estimate, was sponsored by Sen. Pat Steadman and Rep. Cheri Gerou. The bill eliminates the requirement that the General Assembly approve the budget estimate by February 1, since the Office of Legislative Legal Services updates the previous joint resolutions, and the Legislative Council economists regularly track and update the revenue forecasts.

For the Governor’s office press release concerning the bills, click here.

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Governor Hickenlooper Announces Appointments to Several Judicial Nominating Commissions

December 14, 2012 by Leave a Comment

On Thursday, December 13, 2012, Governor Hickenlooper announced appointments to the judicial nominating commissions for the First, Fourth, Fifth, Sixth, Seventh, Eighth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Eighteenth, Twentieth, and Twenty-Second judicial districts.

Each of Colorado’s 22 judicial districts has a nominating commission that selects nominees for appointment to judicial vacancies. The nominating commissions are comprised of  seven citizens residing in that judicial district. No more than four members can be from the same political party, and there must be at least one voting member from each county in the district. The members serve six-year terms.

For a complete list of the appointed members and information regarding their residence, affiliation, and the duration of their terms, click here or visit the governor’s website. Information about the judicial nominating commissions and an application for consideration for appointment may be found here.

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Governor Hickenlooper Signed Amendment 64 Proclamation – Marijuana Legal in Colorado for Private, Personal Use

December 11, 2012 by Leave a Comment

On Monday, December 10, 2012, Governor Hickenlooper signed an Executive Order that formalizes Amendment 64 as part of the Colorado Constitution. The Executive Order makes legal personal use and possession of small quantities of marijuana, as well as limited home-growing. It is still illegal to buy or sell marijuana, use it in public, or use it in a way that endangers others.

In addition to the Executive Order formalizing Amendment 64, Governor Hickenlooper signed another Executive Order to create a task force on the implementation of Amendment 64. The task force will create and enforce a regulatory structure. There will be 24 members of the task force, who were named by the governor in the Executive Order. The task force will be chaird by Jack Finlaw, the governor’s chief legal counsel, and Barbara Brohl, the Executive Director of the Colorado Department of Revenue.

The task force will address many issues related to the continuing regulation of marijuana, such as amending current laws regarding marijuana possession, sale, and distribution to reflect its legality; creating laws regarding security and labeling requirements for marijuana establishments; education efforts to address long-term health consequences of marijuana use; and the impact of Amendment 64 on employers and employees. The task force is expected to report back to the governor, the General Assembly, and the Attorney General by February 28, 2013.

The task force will also attempt to reconcile Colorado law with federal law so that the Colorado government and its employees will not be subject to prosecution. Governor Hickenlooper and Attorney General John Suthers wrote a letter to Eric Holder, the United States Attorney General, regarding the federal government’s position on Amendment 64, but the state has not yet received a response. Governor Hickenlooper stressed that he will attempt to retain as much flexibility as possible in order comply with federal laws.

For the governor’s complete press release, click here. To hear a panel discussion about the implications of Amendment 64 for Colorado, come to the live CLE program on December 18.

CLE Program: Marijuana and Hemp Law in Colorado – Amendment 64

This CLE presentation will take place on Tuesday, December 18, at 9:00 a.m. Click here to register or call (303) 860-0608. Can’t make the live program? Click here to register for the webcast.

 
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Finalists Selected for Judgeship on Colorado Court of Appeals

September 26, 2012 by Leave a Comment

On Wednesday, September 26, 2012, the Colorado Court of Appeals Judicial Nominating Commission announced the selection of three finalists  to fill a vacancy created by the resignation of the Honorable Robert M. Russel, effective November 3, 2012.

The nominees for the Court of Appeals bench are Robert T. Fishman of Denver, Russell H. Granger of Georgetown, and Anthony Navarro of Denver. The finalists were selected during meetings on September 24 and 25.

Under the Colorado Constitution, the governor must appoint one of the nominees to the bench within 15 days. Comments regarding any of the nominees may be sent to Governor Hickenlooper at judicial.appointments@state.co.us. Contact information for the nominees may be found on the Colorado State Judicial Branch website.

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Governor Hickenlooper Signs Fifteen More Bills Into Law

April 9, 2012 by Leave a Comment

Governor Hickenlooper has signed 111 bills into law this legislative session, including fourteen bills that he signed on Friday, April 6, and one on April 9, 2012. A complete list of the bills he signed Friday can be found here. Five of these bills are highlighted below.

  • HB 12-1181 – Concerning a Supplemental Appropriation to the Department of Corrections
    Sponsored by Rep. Cheri Gerou and Sen. Mary Hodge. This Joint Budget Committee bill changes the appropriations to the Department of Corrections for several services. This was one of three bills from the Joint Budget Committee to be signed by the governor on April 6.
  • HB 12-1229 – Concerning Publication Requirements for a Newspaper In Which a Legal Notice or Advertisement is Printed
    Sponsored by Rep. Carole Murray and Sen. Mark Scheffel. The bill creates a definition for “published” for legal notices that are required to be published in legally recognized newspapers, and creates a contingency for counties that do not have a newspaper.
  • HB 12-1269 – Concerning the Threshold Amount of Campaign Activity By a Candidate Committee In Connection With a Special District Election that Triggers Disclosure Requirements Under the “Fair Campaign Practices Act.”
    Sponsored by Rep. Jim Kerr and Sen. Ellen Roberts. This bill increases the amount that a candidate committee in a special district election must spend in order to trigger reporting requirements under the FCPA.
  • HB 12-1285 – Concerning Modifications to Statutory Provisions Governing Intergovernmental Cooperation to Address Wildland Fire Mitigation Where a Municipality Owns Land Inside a County for Utility Purposes
    Sponsored by Rep. Cheri Gerou and Sen. Cheri Jahn. The bill requires municipalities that own land for utility purposes inside a county but outside the municipal boundaries to enter into an Intergovernmental Agreement with the county or the Colorado State Forest Service in order to mitigate wildfires.
  • SB 12-066 – Concerning Expanding Those Persons Eligible as Guardians in the Guardianship Assistance Program to Include Persons Ascribed By the Family as Having a Family-Like Relationship With the Child
    Sponsored by Sen. Jeanne Nicholson and Rep. Bob Gardner. The bill allows non-family members to receive guardianship assistance if they are guardians and foster parents of a child and are committed to the child’s permanency.

Additionally, on Monday, April 9, Governor Hickenlooper signed HB 12 -1295 “Colorado Rockies Vehicle License Plate,” sponsored by Rep. Kevin Priola and Sen. Lois Tochtrop. The governor signed the bill into law at Coors Field before the Colorado Rockies home opener. The bill creates a specialty license plate for the Colorado Rockies that benefits the Colorado Rockies Baseball Club Foundation.

For a complete list of legislation signed into law by Governor Hickenlooper on April 6, 2012, click here.

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

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Governor Hickenlooper Signs Several More Bills into Law

March 28, 2012 by Leave a Comment

Many bills have reached the Governor’s desk this legislative session, and on Thursday, March 22 and Saturday, March 24, 2012, Governor Hickenlooper signed several more bills into law.

Eighteen bills were signed into law on Saturday, March 24; five are highlighted below. A complete list of the legislation signed into law Saturday can be found here.

  • SB 12-011: Concerning the Differential Response Pilot Program for Child Abuse or Neglect Cases of  low or Moderate Risk.
  • Sponsored by Sen. Nancy Spence and Rep. Ken Summers. The bill extends the Differential Response Pilot Program beyond the five counties that were originally designated and allows families with low or moderate risk to engage in voluntary programs rather than involuntary and expensive court intervention.
  • SB 12-064: Concerning the Colorado Children’s Trust Fund.
  • Sponsored by Sen. Jeanne Nicholson and Rep. Tom Massey. The bill extends the sunset of the Colorado Children’s Trust Fund until July 1, 2022, and clarifies that the moneys in the fund are to be used for child abuse/neglect prevention, not intervention.
  • HB 12-1029: Concerning an Economic Stimulus Through a Property Tax Exemption for Business Personal Property and, in Connection Therewith, Enacting the “Save Colorado Jobs Act.”
  • Sponsored by Rep. Chris Holbert and Sen. Mark Scheffel. The bill changes the caps for statutory business incentive agreements for counties, municipalities, and special districts.
  • HB 12-1169: Concerning a Clarification of the Circumstances Under Which Voting to Elect Leadership of a Public Body May be Held by Secret Ballot in Accordance with the State Open Meetings Law.
  • Sponsored by Rep. Bob Gardner and Sen. Greg Brophy. The bill amends the state’s open meetings law to prohibit public bodies from taking certain actions by secret ballot unless they are in full compliance with the State Open Meetings Law.
  • HB 12-1249: Concerning the Manner in Which Tobacco Litigation Settlement Monies are Allocated to the State Auditor’s Office for the Costs of Conducting Program Reviews and Evaluations of the Performance of Tobacco Settlement Programs.
  • Sponsored by Rep. Cheri Gerou and Sen. Pat Steadman. The bill, which was recommended by the Joint Budget Committee, changes the funding allocations for tobacco Master Settlement Agreement funds.

For a full list of bills signed into law by Governor Hickenlooper on March 24, click here.

Governor Hickenlooper also signed seventeen bills into law on Thursday, March 22, 2012. Five of those bills are summarized here; for a complete list, click here.

  • HB 12-1033: Concerning Conditions on the Authority of the Director of the Division of Workers’ Compensation to Impose Administrative Fines as a Result of Compliance Audits Finding Instances of Late Reporting of Injuries Under the “Workers’ Compensation Act of Colorado.”
  • Sponsored by Rep. Spencer Swalm and Sen. Linda Newell. The bill restricts the circumstances in which the Director of the Division of Workers’ Compensation can inpose a fine for non-reporting or late reporting of industrial injuries.
  • HB 12-1047: Concerning the Waiver of Non-Safety Licensing Standards for Kinship Foster Care.
  • Sponsored by Rep. John Kefalas and Sen. Linda Newell. The bill allows county departments of social services to waive certain non-safety licensing requirements for kinship foster care. Previously, the state Department of Human Services had this waiver power, but it was rarely exercised due to the fact that most children are removed under emergency circumstances and there generally is not time to obtain a state waiver prior to placement.
  • HB 12-1074: Concerning Access to Data to Assist the Courts in Overseeing Persons Appointed to Manage the Affairs of Persons Under Disability.
  • Sponsored by Rep. Jim Kerr and Sen. Steve King. The bill allows a court to access data maintained by state agencies in order to contact guardians and conservators who have failed to file reports, as long as the courts keep the personal information private.
  • SB 12-024: Concerning the Obligations of a Residential Nonprofit Corporation to its Residential Members and, In Connection Therewith, Clarifying Open Meeting Provisions and Limiting the Conditions Under Which the Corporation Must Refund Moneys Paid by a Residential Member.
  • Sponsored by Sen. Ted Harvey and Rep. Chris Holbert. The bill specifies that residential membership fees for nonprofit corporations must only be refunded when the membership is transferred, and clarifies that all members must receive notice and be allowed to attend meetings whenever final action will be taken on the board’s behalf.
  • SB 12-097: Concerning a Simplified Procedure for the Adjudication of Certain Changes of the Points of Diversion of Water Rights.
  • Sponsored by Sen. Mary Hodge and Rep. Jerry Sonnenberg. The bill sets forth a simplified procedure for applications to change a point of diversion of water rights. The bill creates a presumption that there will not be a change in the amount of decreed water rights, which may be challenged in court.

For a complete list of legislation signed into law by Governor Hickenlooper on March 22, click here.

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

 

 

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