June 20, 2018

Colorado Supreme Court: Circulator for Representative Lamborn’s Gubernatorial Ballot Petition was Not a Resident of Colorado, Therefore Signatures Invalid

The Colorado Supreme Court issued its opinion in Kuhn v. Williams on Monday, April 23, 2018.

Election Law.

In this expedited appeal under C.R.S. § 1-1-113(3), the supreme court addressed whether the Colorado Secretary of State (Secretary) could certify incumbent Representative Doug Lamborn to the 2018 Republican primary ballot for Colorado’s Fifth Congressional District. Relying solely on the Colorado Election Code, the court concluded he may not.

The court held that although the Secretary properly relied on the circulator’s affidavit and information in the voter registration system in verifying the petition and issuing a statement of sufficiency, petitioners nonetheless had the statutory right to challenge the validity of the petition under C.R.S. §§ 1-4-909 and 1-1-113 before the Secretary certified Rep. Lamborn’s name to the ballot. Petitioners properly presented additional evidence to the district court in challenging the actual residence of the petition circulators.

The court concluded that the district erred when it focused on the challenged circulator’s subjective intent to move back to Colorado, rather than the test set forth in C.R.S. § 1-2-102, when determining the challenged circulator’s residency. In applying the correct test to the essentially undisputed facts here, the court concluded that the challenged circulator was not a resident of Colorado when he served as a circulator for the Lamborn campaign. Accordingly, the court reversed the district court’s ruling to the contrary. Because the challenged circulator was statutorily ineligible to serve as a circulator, the signatures he collected are invalid and may not be considered. That caused the Lamborn campaign’s number of signatures to fall short of the 1,000 required to be on the Republican primary ballot.

Therefore, the court held that the Secretary may not certify Rep. Lamborn to the 2018 primary ballot for Colorado’s Fifth Congressional District. The court did not address the Lamborn campaign’s arguments regarding the constitutionality of the circulator residency requirement in C.R.S. § 1-4-905(1) because the court lacks jurisdiction to address such claims in a proceeding under C.R.S. § 1-1-113.

Summary provided courtesy of Colorado Lawyer.

Governor Signs Bill to Modernize “Mental Retardation” Terminology

Photo courtesy of DJ Shoaf, posted on the Next with Kyle Clark Facebook page (https://www.facebook.com/Nexton9NEWS/).

On Wednesday, March 21, 2018, the governor signed into law SB 18-096, “Concerning Modernizing Statutory Provisions that Refer to Terms Related to “Mental Retardation,” sponsored by Sen. Beth Martinez Humenik and Rep. Dan Thurlow. The governor signed the bill on World Down Syndrome Day, a day on which people around the world people with Down syndrome and those who live and work with them organize and participate in activities and events to raise public awareness and create a single global voice for advocating for the rights, inclusion and well being of people with Down syndrome.

SB 18-096 is a Statutory Revisions Committee bill that modernizes and makes nonsubstantive changes to provisions of statute that use terms like ‘mental retardation’ or ‘mentally retarded’ by replacing the terms with more appropriate ‘intellectual and developmental disability’ language.

For a list of all of the governor’s 2018 legislative actions, click here.

Bills Signed Regarding Appropriating Retail Marijuana Sales Tax to Schools, Clarifying Standard for Deceptive Trade Practices, and More

On Thursday, March 15, 2018, the governor signed 15 bills into law. To date, he has signed 55 bills this legislative session. Many of Thursday’s bills involved the relocation of statutes from Title 12. Some of the other bills signed include a bill to clarify which entities are eligible to apply for special event beverage licenses, a bill appropriating retail marijuana sales tax to schools, a bill changing the date of special district elections to May every-other year, and more. The bills signed Thursday are summarized here.

  • HB 18-1027 – “Concerning the Nonsubstantive Relocation of Laws Related to the Regulation of the Lottery from Title 24, Colorado Revised Statutes, to a New Title 44 as Part of the Organizational Recodification of Title 12,” by Rep. Cole Wist and Sen. Daniel Kagan. The bill creates Title 44 and relocates the sections of Title 12 related to the regulation of the lottery to Title 44.
  • HB 18-1028 – “Concerning Clarification of the Standard Required for Applications for a Court Order to Require Compliance with Investigations of Deceptive Trade Practices,” by Reps. Tracy Kraft-Tharp & Cole Wist and Sens. Lois Court & Jack Tate. The bill would allow a judge to issue a court order if compliance with an investigation is necessary to investigate a deceptive trade practice.
  • HB 18-1039 – “Concerning Changing Regular Special District Elections to May of Each Odd-numbered Year, and, in Connection Therewith, Adjusting the Length of Terms Served by Directors Elected in 2020 and 2022 in Order to Implement the New Election Schedule,” by Rep. Kim Ransom and Sen. Bob Gardner. The bill moves regular special district elections to the Tuesday following the first Monday of May in odd-numbered years, rather than the Tuesday immediately succeeding the first Monday of May in every even-numbered year, starting in 2023.
  • HB 18-1087 – “Concerning Department of Public Safety Authority to Repeal Rules Relating to Defunct Boards,” by Rep. Dan Thurlow and Sens. Don Coram & Daniel Kagan. The victims compensation and assistance coordinating committee and the victims assistance and law enforcement advisory board in the department of public safety were repealed in 2009. The bill gives the executive director of the department of public safety the authority to repeal rules relating to those repealed boards.
  • HB 18-1096 – “Concerning the Eligibility of Certain Entities to Apply for a Special Event Permit to Sell Alcohol Beverages,” by Rep. Matt Gray and Sen. Kevin Priola. The bill adds to the list of organizations authorized to obtain a special event permit to sell alcohol beverages for a limited period an organization that is incorporated under Colorado law for educational purposes.
  • HB 18-1100 – “Concerning the Continuous Appropriation of Money in the Educator Licensure Cash Fund,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill extends the continuous appropriation of money to the State Board of Education and the Department of Education (Department) for its expenses incurred in the administration of the “Colorado Educator Licensing Act of 1991” for three more years.
  • HB 18-1101 – “Concerning Modification of the Manner in which Gross Retail Marijuana Tax Revenue that is Transferred from the General Fund to the State Public School Fund as Required by Current Law is Appropriated from the State Public School Fund,” by Rep. Millie Hamner and Sen. Kent Lambert. Beginning in the 2018-19 fiscal year, the bill requires 12.59% of the gross retail marijuana sales tax revenue remaining in the general fund after a required allocation of 10% of the revenue to local governments to be transferred to the state public school fund, and continuously appropriates that revenue for the same state fiscal year in which it is transferred from the state public school fund to the department of education to help meet the state share of total program funding for school districts and institute charter schools.
  • HB 18-1140 – “Concerning Public Official Personal Surety Bonds, and, in Connection Therewith, Repealing Obsolete Provisions and Authorizing the Purchase of Insurance in Lieu of Public Official Personal Surety Bonds,” by Rep. Hugh McKean and Sen. Dominick Moreno. The bill repeals obsolete provisions related to personal surety bonds and authorizes a public entity to purchase insurance in lieu of a public official personal surety bond and states the requirements for the insurance.
  • SB 18-036 – “Concerning the Nonsubstantive Relocation of Laws Related to the Regulation of Tobacco Sales to Minors from Title 24, Colorado Revised Statutes, to a New Title 44 as Part of the Organizational Recodification of Title 12, and, in Connection Therewith, Making an Appropriation,” by Sen. Daniel Kagan and Rep. Cole Wist. The bill creates Title 44, then relocates the sections of Title 24 regarding the regulation of tobacco sales to minors to Title 44.
  • SB 18-091 – “Concerning Modernizing Terminology in the Colorado Revised Statutes Related to Behavioral Health,” by Sen. Beth Martinez Humenik and Rep. Dan Thurlow. The bill is a follow-up and clean-up to Senate Bill 17-242, which updated and modernized terminology in the Colorado Revised Statutes related to behavioral health, including mental health disorders, alcohol use disorders, and substance use disorders.
  • SB 18-092 – “Concerning Updating Statutory References to ‘County Departments of Social Services,'” by Sen. Beth Martinez Humenik and Rep. Edie Hooten. The bill modernizes outdated references in statute to “County Department(s) of Social Services,” or similar terms, to “County Department(s) of Human or Social Services.” Counties throughout the state have different ways of referring to the department in the county that does human or social services work, so it is necessary for statute to reflect that not all county departments go by one label.
  • SB 18-094 – “Concerning the Repeal of a Duplicate Definitions Section in Article 60 of Title 27, Colorado Revised Statutes,” by Sen. Beth Martinez Humenik and Rep. Edie Hooten. The bill repeals section 27-60-102.5, Colorado Revised Statutes, which is a duplicate definitions section for general provisions related to behavioral health found in article 60 of title 27, Colorado Revised Statutes. The bill leaves in place section 27-60-100.3, Colorado Revised Statutes, enacted by Senate Bill 17-242.
  • SB 18-100 – “Concerning Disclosure of Additional Mandatory Charges by Motor Vehicle Rental Companies,” by Sen. Tim Neville and Reps. Tracy Kraft-Tharp & Kevin Van Winkle. The bill requires a motor vehicle rental company to disclose to a potential customer, in any vehicle rental cost quote and in the rental agreement, additional mandatory charges applicable to the motor vehicle rental.
  • SB 18-103 – “Concerning the Issuance of Performance-based Incentives for Film Production Activities in the State,” by Sens. Nancy Todd & Jim Smallwood and Reps. Tracy Kraft-Tharp & Timothy Leonard. The bill strengthens the requirements necessary to earn performance-based incentives for film production activities in the state in various ways.
  • SB 18-164 – “Concerning the Repeal of Reporting Requirements for Certain Unfunded Programs in the Department of Human Services Until Such Time as Funding is Received,” by Sen. Dominick Moreno and Rep. Dan Thurlow. The bill directs that reporting requirements for programs established in the department of human services that have not received funding in several years be placed on hold until such time as the program receives funding.

For all of the governor’s 2018 legislative decisions, click here.

Governor Signs Bill to Correct Typographical Error

On Monday, March 5, 2018, the governor signed one bill into law. To date, he has signed 30 bills this legislative session. The bill signed Monday, SB 18-105, made a correction to last session’s bill, HB 17-1367. The summary is as follows:

  • SB 18-105 – “Concerning Clarifying Changes to Provisions that were Contained in House Bill 17-1367,” by Sen. Randy Baumgardner and Rep. Dan Pabon. House Bill 17-1367 required that a state, local, or municipal agency only employ or use the results of marijuana tests if the tests were conducted by an analytical laboratory that was both certified by the state marijuana enforcement division (MED) and accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission standard (international standard). The requirement that an analytical laboratory be both certified by the MED and accredited pursuant to the international standard was an inadvertent error. The intent was that an analytical laboratory could either be certified by the MED or accredited pursuant to the international standard. The bill changes the ‘and’ to an ‘or’ in order to effectuate the original intent.

For all of the governor’s 2018 legislative decisions, click here.

Bills Regarding County of Residence for Judicial Nominees, Veterans’ Property Tax Exemptions, and More Signed

On Thursday, May 26, and Friday, May 27, 2016, the governor signed five bills into law. To date, the governor has signed 204 bills this legislative session. The bills signed last week include a bill modifying the definition of “disabled veteran” as it relates to the property tax exemption, a bill encouraging judicial nominating commissions to give preference to licensed attorneys who reside in the county where the vacancy is to occur, and more. Last week’s bills are summarized here.

  • HB 16-1462 – Concerning a Modification to the Provisions Enacted in House Bill 11-1155 to Authorize Combining the Full-Time Equivalent Employment of the Lieutenant Governor and the State Chief Operating Officer, by Rep. Dickey Lee Hullinghorst and Sens. Lucia Guzman & Cheri Jahn. The bill allows the Lieutenant Governor to serve as the state’s Chief Operating Officer (COO) through the end of the current term of office, January 10, 2019.
  • HB 16-1289 – Concerning Incentives for Local Education Providers to Encourage High School Students to Successfully Complete Career Development Course Work, by Reps. Crisanta Duran & Daneya Esgar and Sens. Larry Crowder & Leroy Garcia. The bill creates the Career Development Success Pilot Program, which is designed to provide financial incentives for participating districts and charter schools to encourage high school students to enroll in and successfully complete qualified industry-certificate programs, internship or preapprenticeship programs, and advanced placement courses.
  • HB 16-1444 – Concerning the Definition of a “Qualifying Disabled Veteran” as it Relates to a Property Tax Exemption for Such Individuals, by Reps. Su Ryden & Terri Carver and Sens. Andy Kefalas & Larry Crowder. The bill expands the definition of “Qualifying Disabled Veteran” for the Colorado property tax exemption to include veterans with a full medical retirement.
  • SB 16-134 – Concerning Professional Licensing for Military Veterans in Certain Professions, by Sens. Rollie Heath & Leroy Garcia and Reps. Jessie Danielson & Daniel Kagan. The bill requires that a military veteran’s service experience be considered toward commercial driver’s license qualifications, and the Department of Revenue must consider a military veteran’s training, education, or experience during the CDL licensing process, and may provide credit toward a CDL for those qualifications.
  • SB 16-153 – Concerning Nominees for County Court Judges, by Sen. Larry Crowder and Rep. Jim Wilson. The bill encourages judicial nominating commissions to give preference for judicial vacancies to licensed attorneys who reside within the county in which the vacancy occurs.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Bills Concerning Depositions for At-Risk Persons, Immunity for Reported Overdoses, and More Signed

On Thursday, May 19, 2016, Governor Hickenlooper signed six bills into law. To date, he has signed 192 bills this legislative session. The bills signed Thursday include a bill to allow depositions of at-risk persons in criminal trials in which the at risk persons may not be available to testify, a bill repealing certain mandatory terms of incarceration, and more. The bills signed Thursday are summarized here.

  • HB 16-1027 – Concerning Depositions in Criminal Cases in Which an At-Risk Person May Not Be Available for Trial, by Rep. Jessie Danielson and Sens. Nancy Todd & Jerry Sonnenberg. The bill expands and streamlines the allowable use of recorded depositions for at-risk elders. Under the bill, upon receipt of a motion the court must schedule a recorded deposition within 14 days without further findings if the victim is an at-risk elder, defined as any person 70 years of age or older; however, the bill allows the defense to challenge the motion for recorded depositions of other at-risk adults.
  • HB 16-1227 – Concerning Exemptions from Child Support Enforcement Requirements as a Condition of Receipt of Child Care Assistance Under the Colorado Child Care Assistance Program, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Brian DelGrosso and Sens. Owen Hill & Larry Crowder. The bill specifies that a teen parent is not required to submit an application for child support establishment as a condition of receiving child care assistance. However, the county can require the parent to submit an application for child support establishment in order to receive child care assistance once they no longer qualify as a teen parent.
  • HB 16-1302 – Concerning the Alignment of the Colorado Statutes with the Federal “Workforce Innovation and Opportunity Act” Through the “Colorado Career Advancement Act,” by Reps. Crisanta Duran & Brian DelGrosso and Sen. Linda Newell. The bill changes the title of the “Colorado Workforce Investment Act” to the “Colorado Career Advancement Act.” It also clarifies the roles of specific entities in workforce development programs and removes statutory requirements made inapplicable by the federal act.
  • HB 16-1390 – Concerning Immunity for Certain Persons who Are Involved with a Reported Overdose Event, by Rep. Dominick Moreno and Sen. Lucia Guzman. The bill provides immunity from arrest for underage persons reporting alcohol or marijuana overdoses and extends immunity from arrest and prosecution to the underage person requiring medical assistance.
  • SB 16-072 – Concerning an Increase in the Maximum Total Amount of Annual Lease Payments Authorized for Lease-Purchase Agreements Entered into Under the “Building Excellent Schools Today Act”, and, in Connection Therewith, Making an Appropriation, by Sen. Andy Kerr and Reps. Alec Garnett & Jim Wilson. Currently under the Building Excellent Schools Today Act (BEST), the state may enter into lease-purchase agreements for public school facility capital construction projects, subject to the limitation that the maximum total annual amount of lease payments payable under these agreements does not exceed $80 million in a fiscal year. This bill establishes incremental caps on these lease payments.
  • SB 16-102 Concerning the Elimination of Mandatory Sentences to Incarceration for Certain Crimes, and, in Connection Therewith, Making and Reducing an Appropriation, by Sen. Andy Kerr and Rep. Dominick Moreno. The bill  removes the mandatory term of incarceration that must accompany convictions of certain types of second degree assault or violations of bail bond conditions.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Residential Reconstruction Bill, Costs of District Health Agency Bill, and Bill Repealing Medicaid Claims Task Force Signed

On Tuesday, April 5, 2016, the governor signed three bills into law. To date, he has signed 73 bills into law this legislative session. The bills signed Tuesday include a bill to extend the time to complete residential reconstruction, a bill regarding the costs of district public health agencies, and a bill repealing the “Medicaid Clean Claims Task Force.” These three bills are summarized below.

  • SB 16-012 – Concerning the Authority of a Local Assessor to Grant Additional Time for a Landowner to Reconstruct Residential Improvements that were Destroyed by a Natural Cause, by Sen. Rollie Heath and Rep. Jonathan Singer. The bill allows residential property to maintain its property tax classification for an indefinite period of time if the county assessor finds the property owner is making a good faith effort to rebuild after a natural disaster.
  • SB 16-094 – Concerning the Shared Costs of a District Public Health Agency by the Counties in the District, by Sen. Larry Crowder and Rep. Ed Vigil. Currently, the largest county in a multi-county public health district must serve as treasurer and district costs must be apportioned based on population. The bill allows multi-county health districts with small populations more flexibility in choosing which county will act as treasurer and apportioning costs.
  • SB 16-127 – Concerning the Repeal of the “Medicaid Clean Claims Transparency and Uniformity Act,” by Sen. Jack Tate and Rep. Jeni James Arndt. The bill repeals the Medicaid Clean Claims Transparency and Uniformity Act, repeals all ongoing work of the Medicaid Clean Claims Task Force, and repeals the requirement that insurance companies bill using codes developed by the task force. Related statutory definitions are also repealed.

For a complete list of the governor’s 2016 legislative decisions, click here.

Governor Signs TILA/RESPA Bill, DOLA Election Results Bill, and More

On Wednesday, March 16, 2016, Governor Hickenlooper signed five bills into law. To date, he has signed 23 bills this legislative session. Links to the bills signed Wednesday are available here.

  • HB 16-1012Concerning a Requirement that a Municipal Clerk File a Copy of Each Statement of Election Results with the Division of Local Government in the Department of Local Affairs Rather than the Secretary of State, by Rep. Su Ryden and Sen. Ray Scott. The bill requires certified statements of local election results to be filed with the Division of Local Government in the Department of Local Affairs, rather than the Secretary of State, and requires the results to be posted on the division website.
  • HB 16-1025 – Concerning Statutory Recognition that an Insurance Policy May be Subject to Renewal by an Admitted Insurer Within the Same Insurance Group as the Insurer that Issued the Insurance Policy, by Rep. Jeni James Arndt and Sen. Jack Tate. The bill clarifies that, when an insurance policy is carried by one of multiple insurance carriers within a group, the policy may be renewed by any member of the group.
  • HB 16-1076 – Concerning the Status of a Retired Architect, by Rep. Millie Hamner and Sen. Jack Tate. The bill allows licensed architects age 65 and older to apply to the Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors for classification as a retired architect, provided the retired architect pays a fee and ceases to practice. The bill permits reinstatement upon payment of a fee and possible reexamination for competency.
  • SB 16-008 – Concerning the Use of an Off-Highway Vehicle to Cross State Highways Within the Jurisdiction of a Municipality, by Sen. Larry Crowder and Rep. Owen Hill. Under current law, off-highway vehicles may cross state highways except within the jurisdiction of a municipality. The bill gives authority to municipalities to allow off-highway vehicles to cross state highways within their jurisdiction.
  • SB 16-014 – Concerning the Alignment of State Mortgage Originator Disclosure Laws with Recent Changes in Federal Law, by Sen. Chris Holbert and Rep. Angela Williams. The bill aligns state mortgage originator disclosure requirements with federal law by repealing certain statutory provisions and replacing them with references to TILA, RESPA, or other applicable federal laws. The bill also permits future rulemaking by the state Board of Mortgage Loan Originators related to compliance with other statutes and regulations.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Governor Hickenlooper Signs Appropriations Bills and Marijuana Bonding Repeal Bill

On Friday, March 11, 2016, Governor Hickenlooper signed 15 bills into law. To date, he has signed 17 bills in the 2016 legislative session. Many of the bills signed Friday were supplemental appropriations bills, and the governor also signed one bill removing impracticable regulations from the marijuana industry. Links to the bills are available here.

  • HB 16-1041 – Concerning the Removal of Unreasonably Impracticable Financial Requirements Applicable to Marijuana Businesses that are Required to be Licensed, by Rep. Steve Lebsock and Sen. Chris Holbert. The bill removes the surety bonding requirement for licensure of medical marijuana and retail marijuana businesses.

The following bills supplement the fiscal year appropriations to the respective departments.

  • HB 16-1237 – Concerning a Supplemental Appropriation to the Department of Agriculture, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1238 – Concerning a Supplemental Appropriation to the Department of Corrections, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1239 – Concerning a Supplemental Appropriation to the Offices of the Governor, Lieutenant Governor, and State Planning and Budgeting, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1240 – Concerning a Supplemental Appropriation to the Department of Health Care Policy and Financing, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1242 – Concerning a Supplemental Appropriation to the Department of Human Services, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1243 – Concerning a Supplemental Appropriation to the Judicial Department, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1244 – Concerning a Supplemental Appropriation to the Department of Law, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1245 – Concerning a Supplemental Appropriation to the Department of Military Affairs, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1246 – Concerning a Supplemental Appropriation to the Department of Personnel, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1248 – Concerning a Supplemental Appropriation to the Department of Public Safety, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1249 – Concerning a Supplemental Appropriation to the Department of Regulatory Agencies, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1250 – Concerning a Supplemental Appropriation to the Department of Revenue, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1251 – Concerning a Supplemental Appropriation to the Department of the Treasury, by Rep. Millie Hamner and Sen. Kent Lambert.
  • HB 16-1252 – Concerning Funding for Capital Construction, and Making Supplemental Appropriations in Connection Therewith, by Rep. Millie Hamner and Sen. Kent Lambert.

For a list of all of Governor Hickenlooper’s 2016 legislative decisions, click here.

Final Bills of 2015 Legislative Session Signed; Three Sent to Secretary of State Without Signature

CapitolbuildingOn Friday, June 5, 2015, Governor Hickenlooper signed 60 bills into law and allowed three bills to become law without a signature. To date, Governor Hickenlooper has signed 362 bills into law, vetoed three bills, and allowed three to become law without a signature. The bills signed Friday are summarized here.

  • SB 15-011 – Concerning the Pilot Program for Persons with Spinal Cord Injuries Relating to the Use of Complimentary and Alternative Medicine, and, in Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Dianne Primavera. The bill continues the Medicaid Spinal Cord Injury Alternative Medicine Pilot Program and expands the program so it can serve additional clients.
  • SB 15-090Concerning the Adoption of Standards Governing Temporary Permits on Motor Vehicles for Effective Readability, and, in Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Max Tyler. The bill requires that temporary motor vehicle plates meet the same requirements regarding readability as permanent plates.
  • HB 15-1310 – Concerning the Authority of the Division of Parks and Wildlife to Acquire Real Property for their Garfield County Administrative Office and Public Service Center, and, in Connection Therewith, Making an Appropriation, by Rep. Bob Rankin and Sen. Randy Baumgardner. The bill allows the Division of Parks and Wildlife to purchase a specific property in Garfield County.
  • HB 15-1318 – Concerning the Requirements for Administering a Single Medicaid Waiver for Home- and Community-Based Services for Adults with Intellectual and Developmental Disabilities, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill requires the Department of Health Care Policy and Financing to consolidate two waiver programs for adults with intellectual and developmental disabilities.
  • HB 15-1252 – Concerning an Extension of the Number of Years the Individual Income Tax Return Includes a Voluntary Contribution Designation for the Colorado Healthy Rivers Fund, by Rep. Diane Mitsch Bush and Sen. Jerry Sonnenberg. The bill extends the voluntary check-box contribution for the Colorado Healthy Rivers Fund until 2020.
  • HB 15-1166 – Concerning the Creation of a Tributary Groundwater Monitoring Network in the South Platte River Alluvial Aquifer, and, in Connection Therewith, Making an Appropriation, by Reps. Lori Saine & Jeni James Arndt and Sen. Vicki Marble. The bill creates a basin-wide tributary groundwater monitoring network in the South Platte River alluvial aquifer based on recommendations from a CWCB report.
  • HB 15-1283 – Concerning Marijuana Testing, and, in Connection Therewith, Creating a Reference Lab by December 31, 2015, that will House a Library of Testing Methodologies and Making an Appropriation, by Rep. Steve Lebsock and Sen. Chris Holbert. The bill requires the Department of Public Health and Environment to develop and maintain a marijuana laboratory testing reference library.
  • HB 15-1368 – Concerning the Creation of a Cross-System Response for Behavioral Health Crises Pilot Program to Serve Individuals with Intellectual or Developmental Disabilities, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill creates a pilot program to support collaborative approaches for individuals with intellectual or developmental disabilities and a mental health or behavioral disorder.
  • HB 15-1247 – Concerning the Implementation of the Legislative Audit Committee’s Recommendations for Review of Dam Safety, by Rep. Lori Saine and Sen. Tim Neville. The bill increases the fees charged by the State Engineer for dam project design review.
  • HB 15-1248 – Concerning Limited Access by Private Child Placement Agencies to Records Relating to Child Abuse or Neglect for Purposes of Ensuring Safe Placements for Foster Children, and, in Connection Therewith, Making an Appropriation, by Rep. Jonathan Singer and Sen. Owen Hill. The bill permits one representative at each child placement agency to review records of potential foster parents for reports of abuse or neglect.
  • HB 15-1355 – 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 access his or her birth certificate and that of his or her adult sibling in Colorado.
  • HB 15-1357 – Concerning the Establishment of the Ratio of Valuation for Assessment of Residential Real Property, by Reps. Lois Court & Brian DelGrosso and Sens. Tim Neville & Michael Johnston. The bill establishes the residential assessment rate for 2015-2016 and does not change it.
  • SB 15-020 – Concerning Education Regarding the Prevention of Child Sexual Abuse and Assault, and, in Connection Therewith, Making an Appropriation, by Sen. Linda Newell and Rep. Beth McCann. The bill expands the duties of the School Safety Resource Center to include providing education and materials regarding awareness and prevention of child sexual assault.
  • SB 15-109 – Concerning the Mandatory Reporting of Mistreatment Against an Adult with a Disability, by Sen. Kevin Grantham and Rep. Dave Young. The bill expands the at-risk adult reporting requirements to include adults with intellectual and developmental disabilities.
  • SB 15-195 – Concerning Appropriating to the Department of Corrections Moneys Generated as Savings from the Awarding of Achievement Earned Time to Inmates, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Pat Steadman and Rep. Millie Hamner. The bill limits the amount of earned time savings that may be used toward education and parole programs.
  • SB 15-196 – Concerning Measures to Ensure Industrial Hemp Remains Below a Delta-9 Tetrahydrocannabinol Concentration of No More than Three-Tenths of One Percent on a Dry Weight Basis, and, in Connection Therewith, Making an Appropriation, by Sens. Vicki Marble & Pat Steadman and Reps. Steve Lebsock & Lois Saine. The bill expands the industrial hemp committee and imposes new regulations on industrial hemp.
  • SB 15-220 – Concerning Security for the Colorado General Assembly, by Sens. Morgan Carroll & Bill Cadman and Reps. Crisanta Duran & Brian DelGrosso. The bill requires the Colorado State Patrol to provide protection for the members of the General Assembly.
  • SB 15-256 – Concerning the Operation of the Legislative Committee that Oversees the Colorado Health Benefit Exchange, and, in Connection Therewith, Making an Appropriation, by Sen. Ellen Roberts and Rep. Beth McCann. The bill makes several changes to the Colorado health benefit exchange committee’s duties.
  • SB 15-115 – Concerning the Sunset Review of the Medical Marijuana Programs, by Sen. Owen Hill and Rep. Ellen Roberts. The bill continues the Medical Marijuana Code until 2019 and implements some changes to the program.
  • HB 15-1063 – Concerning Prohibited Communication Concerning Patents, and, in Connection Therewith, Making an Appropriation, by Rep. Dan Pabon and Sen. David Balmer. The bill establishes a framework for communications between parties regarding patent rights.
  • HB 15-1178 – Concerning the State Engineer’s Authority to Allow Well Users to Lower the Water Table in an Area that the State Engineer Determines is Experiencing Damaging High Groundwater Levels, and, in Connection Therewith, Establishing an Emergency Dewatering Grant Program for the Purpose of Lowering the Water Table in Areas of Gilcrest, Colorado, and Sterling, Colorado and Making an Appropriation, by Reps. Lori Saine & Stephen Humphrey and Sens. Vicki Marble & Jerry Sonnenberg. The bill establishes the Emergency Dewatering Grant Program for the emergency pumping of wells.
  • HB 15-1102 – Concerning the Expansion of the “Colorado Cottage Foods Act”, and, in Connection Therewith, Increasing the Food Products a Producer Can Sell Under the Act, Requiring an Additional Disclaimer, and Making an Appropriation, by Reps. Millie Hamner & Yeulin Willett and Sens. Kerry Donovan & Kevin Grantham. The bill divides the foods that can be produced under the Cottage Foods Act into two tiers.
  • SB 15-012 – Concerning the Treatment of Child Support for Purposes of the Colorado Works Program, and, in Connection Therewith, Making an Appropriation, by Sen. John Kefalas and Rep. Brittany Pettersen. The bill allows the Department of Human Services to disregard child support income when determining eligibility for the TANF program.
  • HB 15-1219 – Concerning the Enterprise Zone Investment Tax Credit for Renewable Energy Products, and, in Connection Therewith, Making an Appropriation, by Reps. Beth McCann & Jon Becker and Sens. Mary Hodge & Jerry Sonnenberg. The bill allows a taxpayer who places a renewable energy product in an enterprise zone to receive a refund of the tax credit.
  • HB 15-1228 – Concerning the Special Fuel Excise Tax on Liquefied Petroleum Gas, and, in Connection Therewith, Making an Appropriation, by Reps. Diane Mitsch Bush & Jon Becker and Sen. Ray Scott. The bill makes several changes to the administration and collection of the special fuel excise tax program for liquefied petroleum.
  • HB 15-1350 – Concerning Performance Measures for Accrediting an Alternative Education Campus, by Rep. Brittany Pettersen and Sen. Owen Hill. The bill requires the Department of Education to convene stakeholder meetings to review statutes and rules related to performance indicators for the accreditation of alternative education campuses.
  • HB 15-1392 – Concerning Changes to the State’s Payroll System to Allow All State Employees to be Paid Twice a Month, by Reps. Dave Young & Jack Tate and Sens. Linda Newell & Tim Neville. The bill changes the pay schedule for all state employees to twice a month.
  • HB 15-1352 – Concerning Modifications to the Naturopathic Formulary of Medications that a Registered Naturopathic Doctor is Authorized to Use in the Practice of Naturopathic Medicine, by Reps. Joann Ginal & Kathleen Conti and Sens. Larry Crowder & Linda Newell. The bill expands the authority of naturopathic doctors in several ways.
  • HB 15-1353 – Concerning the Continuation of the Regulation of Conveyances, and, in Connection Therewith, Extending the Certification of Conveyances and Conveyance Mechanics, Contractors, and Inspectors of Elevators and Escalators Until July 1, 2022, by Rep. Alec Garnett and Sen. Beth Martinez Humenik. The bill extends the Elevator and Escalator Certification Act to regulate conveyances.
  • HB 15-1360 – Concerning the Use of Injection Therapy by Acupuncturists Licensed Pursuant to Article 29.5 of Title 12, Colorado Revised Statutes, by Rep. Joann Ginal and Sen. Kevin Lundberg. The bill allows licensed acupuncturists to practice injection therapy.
  • HB 15-1083 – Concerning Patient Financial Contributions for Physical Rehabilitation Services, and, in Connection Therewith, Making an Appropriation, by Rep. Dianne Primavera and Sen. Larry Crowder. The bill requires the Colorado Commission on Affordable Health Care to conduct a study of the costs of physical rehabilitation services.
  • HB 15-1261 – Concerning the Maximum Reserve for a Cash Fund with Fee Revenue, by Rep. Dave Young and Sens. Kevin Grantham & Pat Steadman. The bill alters the cash fund reserve requirement.
  • HB 15-1273 – Concerning Additional Comprehensive Reporting Requirements for School Discipline Reports, and, in Connection Therewith, Requiring a Post-Enactment Review of the Implementation of this Act and Making an Appropriation, by Rep. Polly Lawrence and Sen. Linda Newell. The bill adds sexual assaults and marijuana violations to the list of items that must be included in a safe schools report.
  • HB 15-1370 – Concerning Access to Certain Records of a County Department of Human or Social Services Containing Personal Identifying Information by an Auditor Conducting a Financial or Performance Audit of that Department, by Rep. Dianne Primavera and Sens. Lucia Guzman & Tim Neville. The bill permits an auditor access to all files of a county department of human or social services that are needed to conduct the audit.
  • SB 15-029 – Concerning a Study of Volunteer Firefighter Pension Plans in the State, and, in Connection Therewith, Making an Appropriation, by Sen. Jessie Ulibarri and Rep. Jovan Melton. The bill requires the state auditor to conduct a study of firefighter pension plans in Colorado.
  • SB 15-184 – Concerning Enforcement of Compulsory Education Requirements, by Sen. Chris Holbert and Rep. Rhonda Fields. The bill requires the chief judge in each judicial district to convene a meeting of stakeholders to find ways to address truancy other than detention.
  • SB 15-203 – Concerning Continuation of the Regulation of Debt-Management Service Providers by the Attorney General, and, in Connection Therewith, Implementing the Recommendations of the 2014 Sunset Report by the Department of Regulatory Agencies, by Sen. John Cooke and Rep. Dan Pabon. The bill continues the Uniform Debt-Management Services Act.
  • SB 15-228 – Concerning a Process for the Periodic Review of Provider Rates Under the “Colorado Medical Assistance Act”, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Bob Rankin. The bill establishes a process for the Department of Health Care Policy and Financing to review Medicare provider rates.
  • SB 15-261 – Concerning a Modification to the Statute that Specifies the Forms of Public Notice that a Public Utility May Provide Regarding a Change in the Public Utility’s Schedule of Charges to Allow a Request for an Alternative Form of Notice within the Same Formal Application that the Public Utility Files with the Public Utilities Commission When Applying for a Change in the Public Utility’s Schedule of Charges, by Sen. Jerry Sonnenberg and Rep. Dave Young. The bill allows public utilities to request rate changes during existing proceedings.
  • HB 15-1282 – Concerning the Creation of Crimes Involving Deception about Material Information in Connection with Birth Certificates, by Rep. Lois Saine and Sen. Linda Newell. The bill creates a class 2 misdemeanor for anyone who intentionally omits material information in the preparation of a birth certificate.
  • HB 15-1309 – Concerning the Placement of Interim Therapeutic Restorations by Dental Hygienists, and, in Connection Therewith, Ensuring Medicaid and Children’s Basic Health Plan Reimbursement for Services Provided Through the Use of Telehealth Related to Interim Therapeutic Restoration Procedures and Making an Appropriation, by Rep. Joann Ginal and Sen. Larry Crowder. The bill allows dental hygienists to perform therapeutic restorations.
  • HB 15-1333 – Concerning the Creation of a Regional Center Depreciation Account in the Capital Construction Fund for Maintenance of the State’s Regional Centers, and, in Connection Therewith, Making an Appropriation, by Rep. Ed Vigil and Sen. Randy Baumgardner. The bill creates the Regional Center Depreciation Account to hold moneys for depreciation and capital construction.
  • HB 15-1337 – Concerning Placement Stability for Children, by Rep. Angela Williams and Sen. Linda Newell. The bill requires a court to consider all statutory factors when placing a child for foster care.
  • HB 15-1340 – Concerning an Extension of the Period During Which the Voluntary Contribution Designation Benefiting the Colorado Multiple Sclerosis Fund will Appear on the State Individual Income Tax Return Form, by Reps. Faith Winter & Perry Buck and Sens. Beth Martinez Humenik & Linda Newell. The bill extends the Colorado Multiple Sclerosis Fund check-off through 2021.
  • HB 15-1345 – Concerning an Exemption from Certain Traffic Requirements for the Riders of a Three-Wheel Low-Speed Motorcycle, by Rep. Paul Rosenthal and Sen. Tim Neville. The bill exempts motorcyclists who ride low-speed three-wheeled motorcycles from requirements of licensure and eye protection.
  • HB 15-1366 – Concerning the Expansion of the Colorado Job Growth Incentive Tax Credit to Allow Credits for Businesses that Enter Into a Qualified Partnership with a State Institution of Higher Education, and, in Connection Therewith, Making an Appropriation, by Reps. Dan Pabon & Yeulin Willett and Sen. David Balmer. The bill allows the job growth incentive tax credit to be refundable under certain conditions.
  • HB 15-1387 – Concerning the Elimination of the Authorized Transfer of Medical Marijuana to Retail Marijuana at the Time that a Retail Marijuana Establishment License Becomes Effective, by Reps. Dan Pabon & Bob Rankin and Sens. Pat Steadman & Kent Lambert. The bill prohibits a medical marijuana facility with a retail marijuana license from transferring any of its medical marijuana to the retail establishment.
  • SB 15-192 – Concerning the Provision of a Therapeutic Alternative Drug Selection to Patients Residing in Certain Long-Term Care Facilities, by Sen. Irene Aguilar and Rep. Janak Joshi. The bill allows licensed pharmacists to provide therapeutic alternate drug selections to patients in nursing care facilities and long-term acute care hospitals if certain conditions are met.
  • SB 15-209 – Concerning an Amendment to Specified Statutes Governing the Management of the Financial Affairs of a Unit Owners’ Association Under the “Colorado Common Interest Ownership Act” so as to Exempt Communities in Which a Majority of Units Designated for Residential Use are Time Share Units, by Sen. David Balmer and Rep. Angela Williams. The bill exempts certain timeshare communities from the definitions of “common interest community” and “homeowners’ association.”
  • SB 15-210Concerning Creation of the Title Insurance Commission, and, in Connection Therewith, Making an Appropriation, by Sen. Laura Woods and Rep. Jeni James Arndt. The bill creates the Title Insurance Commission to serve as an advisory body to the Commissioner of Insurance.
  • SB 15-229 – Concerning the Creation of an Amyotrophic Lateral Sclerosis License Plate for Motor Vehicles, and, in Connection Therewith, Making an Appropriation, by Sen. Laura Woods and Reps. Janak Joshi & Diane Mitsch Bush. The bill creates an ALS license plate, available when the Rocky Mountain Chapter of the ALS Association receives 3,000 signatures of individuals committed to purchase the plate.
  • SB 15-262 – Concerning Updates to the Statutes Regulating Blanket Sickness and Accident Insurance, by Sen. Tim Neville and Rep. Angela Williams. The bill expands and clarifies the groups that may receive blanket accident and sickness insurance.
  • SB 15-267 – Concerning the Financing of Public Schools, and, in Connection Therewith, Making an Appropriation, by Sen. Owen Hill and Rep. Millie Hamner. The bill increases per-pupil funding for public schools to reflect inflation.
  • SB 15-270 – Concerning the Creation of the Office of the State Architect, and, in Connection Therewith, Adding Statewide Planning Responsibilities and Making and Reducing an Appropriation, by Sen. Kent Lambert and Rep. Bob Rankin. The bill creates the Office of the State Architect in law.
  • SB 15-271 – Concerning the Continuation of the Entities Charged with Representing the Interests of Certain Utility Consumers in Matters Heard by the Public Utilities Commission, by Sen. Jerry Sonnenberg and Rep. Jon Becker. The bill continues the Office of the Consumer Counsel and implements recommendations from the sunset review.
  • SB 15-278 – Concerning an Amendment to the Annual General Appropriation Act for the 2013-2014 Fiscal Year to Allow Unspent Moneys Appropriated for the Colorado State Capitol Dome Restoration Project to be Used for the Next Planned Phase of the Colorado State Capitol Restoration, by Sens. Kent Lambert & Pat Steadman and Rep. Millie Hamner. The bill allows the Department of Personnel and Administration to use moneys from the capitol restoration project on other projects.
  • SB 15-281 – Concerning Parent Engagement in Institute Charter Schools, by Sen. Owen Hill and Rep. Tracy Kraft-Tharp. The bill requires charter schools, rather than the Charter School Institute, to hold meetings regarding school priority implementation.
  • SB 15-283 – Concerning Debt Collection Proceedings, and, in Connection Therewith, Increasing the Scope and Value of Assets that may be Exempted, Clarifying Definitions of “Earnings”, and Specifying the Procedure for Service of Notice of Exemption and Pending Levy in Certain Garnishment Proceedings, by Sen. Laura Woods and Rep. Pete Lee. The bill modifies exemptions and procedures in certain debt collection actions.
  • SB 15-202 – Concerning the Regulation of Water Conditioning Appliances Pursuant to the Plumbing Code, by Sen. David Balmer and Rep. Dan Pabon. The bill creates three new categories of registered water conditioners.
  • HB 15-1301 – Concerning the Creation of a Credit for Tobacco Products that a Distributor Ships or Transports to an Out-of-State Consumer, and, in Connection Therewith, Creating the “Cigar On-Line Sales Equalization Act” and Making an Appropriation, by Rep. Angela Williams and Sens. Kevin Grantham & Owen Hill. The bill creates a credit against tobacco excise tax equal to Colorado excise taxes paid on tobacco products other than cigarettes sold by a distributor to an out-of-state consumer.

In addition to the bills signed Friday, the governor allowed three bills to become law without a signature. These bills are also summarized here.

  • HB 15-1316 – Concerning a Simplification of the Process by which the Public Utilities Commission may Issue a Certificate to Provide Taxicab Service in Certain Metropolitan Counties, by Reps. Steve Lebsock & Dan Thurlow and Sens. Owen Hill & Jessie Ulibarri. The bill changes the prerequisites for an applicant seeking authorization to provide taxicab service within certain counties.
  • SB 15-067 – Concerning an Increase in the Class of Offense for Certain Acts of Assault Against Persons Engaged in Performing their Duties as Emergency Responders, by Sen. John Cooke and Rep. Janak Joshi. The bill raises the classification for assault of a first responder to assault in the second degree.
  • SB 15-290 – Concerning Creation of the Colorado Student Leaders Institute, And, In Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Jim Wilson. The bill creates the Colorado Student Leaders Institute, a competitive summer residential education program for high school students.

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

Colorado Supreme Court: Governor’s Attestation Regarding Nurse Anesthetists Purely Administrative

The Colorado Supreme Court issued its opinion in Colorado Medical Society v. Hickenlooper on Monday, June 1, 2015.

Executive Powers and Functions—Standing.

To receive Medicare reimbursement, hospitals and other medical service providers must require certified registered nurse anesthetists (CRNAs) who administer anesthesia to do so under physician supervision. However, states may opt out of this requirement if the Governor submits a letter to the relevant federal agencies attesting that the opt-out is in the best interest of the state’s citizens and is consistent with state law. In 2010, Governor Bill Ritter, Jr. sent such an opt-out letter, which attested that Colorado law permits CRNAs to administer anesthesia unsupervised.

Here, the Supreme Court held that the Governor’s attestation to the federal agencies that Colorado law permits CRNAs to administer anesthesia without supervision is not a generally binding interpretation of Colorado law subject to de novo review. Instead, the attestation’s sole effect is to exempt certain Colorado hospitals from the federal physician supervision requirement. This decision, if reviewable at all, is reviewable only for a gross abuse of discretion. Because petitioners do not allege that such a gross abuse occurred in this case, the Court affirmed the court of appeals’ dismissal of petitioners’ claims.

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

Bills Regarding Volunteer Fire Department, Military Relief Fund, and Supplemental Appropriations Signed

On Wednesday, March 11, 2015, Governor Hickenlooper signed 21 bills. To date, the governor has signed 24 bills this legislative session. Most of the bills signed Wednesday were supplemental appropriations bills. These included supplemental appropriations for the departments of agriculture, corrections, education, law, health care policy and financing, human services, local affairs, natural resources, public health, regulatory agencies, state, and transportation, as well as the offices of the governor and lieutenant governor.

The two non-appropriations bills signed are as follows:

  • HB 15-1017Concerning Nongovernmental Volunteer Fire Departments in Colorado, and, in Connection Therewith, Enacting the “Volunteer Fire Department Organization Act,” by Reps. Millie Hamner & Perry Buck and Sen. Ellen Roberts. The bill establishes the “Volunteer Fire Department Organization Act” to regulate volunteer fire departments. 
  • HB 15-1052Concerning Eligibility to Receive a Grant from the Military Family Relief Fund, by Reps. Terri Carver & Jovan Melton and Sen. Nancy Todd. The bill makes slight amendments to the statutes regarding military family relief grants.

For the complete list of bills signed on March 11, 2015, click here. For all of Governor Hickenlooper’s 2015 legislative decisions, click here.