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Governor Hickenlooper Signs Several Groups of Bills Into Law

April 27, 2012 by Leave a Comment

Governor Hickenlooper has continued to sign legislation into law over the past several days and weeks. He has signed 155 bills into law so far this legislative session.

Fourteen bills were signed on Friday, April 13, 2012. Five of them are highlighted below:

  • HB 12-1323: Concerning the Associate County Judge for Montrose County.
    Sponsored by Rep. Don Coram and Sen. Ellen Roberts. This bill changes the residency requirements for the associate county judge for Montrose County. The judge must now reside within Montrose County and maintain chambers within the boundaries of the Southwestern Water Conservation District.
  • SB 12-022: Concerning Maintaining Child Care Assistance for Working Families.
    Sponsored by Sen. Suzanne Williams and Rep. Tom Massey. The bill creates a pilot program in the Department of Human Services to allow a county to continue providing public benefits to a family that has recently exceeded the income limits for the program and requires the family to pay an increasing portion of the costs for the program.
  • SB 12-092: Concerning the Use of a Video Display in a Motor Vehicle That is Being Operated on a Roadway.
    Sponsored by Sen. Cheri Jahn and Rep. Larry Liston. The bill allows the use of video displays anywhere in a moving vehicle as long as the display is not visible to the driver.
  • SB 12-095: Concerning Requirements for the Valid Transfer of Title to a Motor Vehicle.
    Sponsored by Sen. Kevin Lundberg and Rep. Mark Barker. The bill clarifies that title applicants possessing a notarized bill of sale (within two years) and a certified vehicle identification number inspection document may obtain title, regardless of the age of the vehicle.
  • SB 12-131: Concerning the Responsibilities of a Fiduciary with Regard to the Estate of a Person Who May Have Executed a Designated Beneficiary Agreement.
    Sponsored by Sen. Lucia Guzman and Rep. Dan Pabon. The bill relieves the Personal Representative (PR) of an estate from liability for distributing the estate contrary to the wishes of the decedent regarding an executed Designated Beneficiary Agreement (DBA), if the PR had no actual knowledge of the executed DBA after searching every county in which the PR knew the decedent lived for the three years prior to death.

Governor Hickenlooper signed eight bills on Monday, April 16, 2012. Three of them are highlighted below.

  • SB 12-057: Concerning Native American Language Instruction.
    Sponsored by Sen. Suzanne Williams and Rep. J. Paul Brown. The bill allows certified instructors to teach Native American language and culture in schools, as long as the instructor is certified in the language he or she is teaching.
  • SB 12-091: Concerning Modifications to Provisions Governing the Practice of Nursing Home Administration, and, in Connection Therewith, Modifying the Criteria for Nursing Home Administrators to Qualify to Serve on the Board of Examiners of Nursing Home Administratore, Modifying the Experience Requirements for Persons Applying to Take the Nursing Home Administrator Licensure Examination or to Participate in the Administrator-in-Training Program, and Permitting a Nursing Home Administrator who has Passed a National Examination and an Examination in Another State to Sit for the Colorado Licensure Examination.
    Sponsored by Sen. Lois Tochtrop and Rep. Laura Bradford. The bill makes changes to the Board of Examiners of Nursing Home Administrators and the licensing process for Nursing Home Administrators.
  • HB 12-1009: Concerning a Report Related to the Federal Moneys Received By the Executive Branch.
    Sponsored by Rep. Cheri Gerou and Sen. Kent Lambert. The bill requires certain information to be added to the annual Report of Federal Assistance for all state agencies in order to increase transparency in government.

On Wednesday, April 18, 2012, the Governor journeyed to the newly renamed Metropolitan State University of Denver in order to ceremoniously sign two bills into law, both of which are highlighted below.

  • SB 12-045: Concerning Granting Associate Degrees to Students who Transfer from a Two-Year Institution.
    Sponsored by Sens. Evie Hudak and Keith King and Reps. Tom Massey and Rhonda Fields. The bill specifies that students who meet certain requirements may be eligible for associate degrees from two-year institutions.
  • SB 12-148: Concerning Changing the Name of Metropolitan State College of Denver to Metropolitan State University of Denver.
    Sponsored by Sen. Lucia Guzman and Rep. Crisanta Duran. The bill changes the name of Metropolitan State College of Denver to Metropolitan State University of Denver.

Governor Hickenlooper also ceremoniously signed a bill in Colorado Springs on Thursday, April 19, 2012 at the Colorado Space Industry Luncheon. The bill is summarized here.

  • SB 12-035: Concerning Limited Liability for Spaceflight Activities.
    Sponsored by Sen. Mary Hodge and Rep. Bob Gardner. The bill creates a statutory limitation of liability for FAA-licensed entities who conduct spaceflight activities.

On Friday, April 20, 2012, Governor Hickenlooper signed two bills relating to direct filing (charging juveniles as adults for criminal acts) and electronic recycling. These two bills are summarized below.

  • HB 12-1271: Concerning Charging Juveniles by Direct File of Information or Indictment in District Court.
    Sponsored by Reps. B.J. Nikkel and Beth McCann and Sens. Angela Giron and Tim Neville. The bill raises the minimum age for direct filing from 14 to 16, and limits the offenses for which a juvenile may be tried as an adult.
  • SB 12-133: Concerning the Diversion of Electronic Devices from Landfills.
    Sponsored by Sen. Gail Schwartz and Rep. Don Coram. The bill prohibits landfill disposal for certain electronic devices, excepting residents of counties that do not have at least two electronic waste recycling events per year.

Finally, on Monday, April 23, 2012, Governor Hickenlooper signed three more bills into law, which are summarized below.

  • HB 12-1228: Concerning Criminal Background Checks for Neighborhood Youth Organizations Seeking to Obtain a License.
    Sponsored by Rep. Brian DelGrosso and Sen. Pat Steadman. The bill changes the requirements for background checks for employees and volunteers of a neighborhood youth organization, but continues to mandate that any person found to have been convicted of felony child abuse or any felony involving unlawful sexual behavior be prohibited from working at a neighborhood youth organization.
  • HB 12-1318: Concerning the Development of Guidelines Regarding the Eligibility of Controlled Maintenance Funding for State Facilities.
    Sponsored by Rep. J. Paul Brown and Sen. Gail Schwartz. The bill codifies existing practice regarding controlled maintenance funding.
  • SB 12-067: Concerning Requirements Pertaining to the Corporate Status of Charter Schools.
    Sponsored by Sen. Evie Hudak and Rep. Chris Holbert. The bill requires that all Colorado charter schools be organized as nonprofit corporations and prohibits a board of a charter school from authorizing a charter with a for-profit entity.
  • SB 12-127: Concerning the Participation of Providers of Long-Term Care in Medicaid Care Coordination Programs.
    Sponsored by Sen. Linda Newell and Rep. Ken Summers. The bill requires the Department of Health Care Policy and Financing to allow long-term care providers to participate if it develops a program of health homes for persons with chronic conditions.

A complete list of Governor Hickenlooper’s 2012 legislative decisions is available here.

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e-Legislative Report: Week Thirteen, April 9, 2012

April 11, 2012 by Leave a Comment

In this week’s Legislative Video Update, it still seems relatively quiet around the Capitol. There were a few exceptions, including the Senate sending the Juvenile Direct File Limitations bill to the Governor for signing, and an update on the CBA LPC-opposed fetal-homicide measure. As expected, the Budget Bill was introduced and is moving to the House this week.

From the CBA Legislative Policy Committee

The Legislative Policy Committee did not meet on Friday, April 6.

From the Capitol

The week that was April 2 was relatively quiet but for a few exceptions.

On Monday, April 2, the Senate Judiciary Committee took three hours of testimony on HB 12-1130 – Concerning offenses against an unborn child. Then, the bill’s sponsor requested that the bill be taken off the table in order for the sponsor to find language that can satisfy the concerns raised by a majority of the Judiciary Committee members. The CBA LPC voted to oppose the legislation at the request of the Civil Rights committee. A quick check of the Senate Judiciary calendar does not have the bill scheduled in the coming week.

As expected, the Long Bill or Budget Bill (HB 12–1335) was introduced on Wednesday, April 4. The Appropriations Committee, the bill’s committee of reference, approved the bill on Thursday, April 5 and sent the bill to the floor of the House for consideration on 2nd Reading. The routine schedule for the Long Bill was altered somewhat when both the House and the Senate took a long weekend by recessing early on Thursday afternoon. The next step in the life of the Long Bill is two days of separated “caucusing” by both sides of the House on the numerous bill sections separated by the various departments of state government. The caucus process allows the 62 House members who did not participate in the preparation of the Long Bill an opportunity to learn about the budget, ask questions, and propose amendments to the bill. Second reading on the Long Bill is scheduled for Wednesday, April 11.

On Thursday, before a three-day weekend break, the Senate gave final approval to HB 12-1271 – Concerning charging of juveniles by direct file of information or indictment in district court. The final tally in the Senate was 22-13 to move the bill to the Governor for signature. The bill proceeds directly to the Governor’s desk since no amendments were added to the bill in the Senate. Amendments were the subject of great debate on 2nd Reading and a rare substantive amendment offered on 3rd Reading on Thursday. In the end, all amendments to the bill were rejected by the proponents of the bill and the Senate. The CBA LPC authorized the Juvenile Law Section to support the bill in the name of the section alone.

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HB 12-1271: Raising Age for Direct Filing and Limiting Circumstances in Which Juveniles Can Be Charged as Adults

March 29, 2012 by Leave a Comment

On February 7, 2012, Rep. B.J. Nikkel and Sen. Angela Giron introduced HB 12-1271 – Concerning Charging of Juveniles by Direct File of Information or Indictment in District Court. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

On Friday, March 23 the CBA Legislative Policy Committee authorized the Juvenile Law Section to support the bill in the name of the Juvenile Law Section. Under current law, a juvenile charged with a specific serious crime can be prosecuted in district court under the district attorney’s authority to direct file certain juveniles. This bill amends the direct file statute to limit the offenses for which a juvenile may be subject to direct file to class 1 felonies, class 2 felonies, crime of violence felonies or sex offenses if the juvenile has a previous felony adjudication, and violent sex offenses. The bill limits direct file to juveniles age 16 or 17.

After a juvenile is charged in district court, the juvenile may petition the adult court for a reverse-transfer hearing to transfer the case to juvenile court. The juvenile must make the request at or before the time to request a preliminary hearing, and the court shall set the reverse-transfer hearing at the same time as the preliminary hearing. If after a reverse-transfer hearing, the court finds the juvenile and community would be better served by juvenile proceedings it shall order the case to juvenile court. If, after a preliminary hearing, the district court does not find probable cause for a direct-file-eligible offense, the court shall remand the case to the juvenile court.

Under the bill, a juvenile’s non-felony conviction must be remanded to juvenile court and, when a juvenile sentence is selected, the conviction converts to a juvenile adjudication.

The amended bill passed out of the House on bill on March 19; the bill is scheduled on the Judiciary Committee calendar for Monday, March 26 at 1:30 p.m.

Since this summary, the bill passed out of the Senate Judiciary Committee unamended and was referred to the Senate Committee of the Whole.

Summaries of other featured bills can be found here.

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e-Legislative Report: Week Nine, March 12, 2012

March 13, 2012 by Leave a Comment

In this week’s Legislative Video Update, Michael Valdez discusses discusses SB 12-102, which would repeal the crime of libel, as well as an overview of the week at the Capitol, which includes pre-trial detention of minors, legal separation procedures, judicial oversight of guardians and conservators, and more.

CBA Legislative Policy Committee

The LPC met on Friday, March 9, and considered a light docket of bills:

SB 12-102 – Repeal the Crime of Libel
The LPC followed the recommendation of the Civil Rights Committee and voted to support SB 12-102 – Repeal the Crime of Libel. The LPC had delayed action on the bill to allow the Civil Rights Committee and staff to research and report additional information to the LPC. The research turned up several facts: the statute is rarely used by prosecutors, DAs and the AG had no objection to the elimination of the crime of libel, and remedies still exist for harassment and in the civil arena.

At the Capitol – Week Eight – Quick Roundup:

On Monday, March 5

  • HB 12-1139 – Pretrial Detention Of Children Tried As Adults passed on 3rd reading 34-0 with one excused in the Senate.
  • HB 12-1074 – Judicial Oversight of Guardians & Conservators passed on the 2nd Reading Consent calendar in the Senate.
  • The Senate Judiciary Committee approved CBA sponsored HB 12-1233 – Legal Separation Court Appearance Procedure. Later in the week the Senate passed the bill on 2nd Reading (Thursday) and 3rd Reading (Friday.) Since the bill was approved on 3rd Reading without amendment the next stop is the governor’s desk for signature. Congrats to the Family Law Section!

On Tuesday, March 6

  • Both Houses had early dismissal to allow Democrats to get to their caucuses; each House spent about 30 minutes on the floor.
  • Before knocking off for the day, the Senate adopted on 3rd and final reading HB 12-1074 – Judicial Oversight of Guardians & Conservators. The bill moved back to the House for consideration of the amendment added to the bill in Senate Judiciary.

On Wednesday, March 7

  • On a 35-0 vote, the Senate approved HB 12-1005 – Concerning investment of public funds.
  • The Senate Judiciary Committee approved a “strike below” version, i.e. an entirely new bill, of SB 12-070 – Uniform Residential Landlord & Tenant Act.

On Thursday, March 8

  • The House and Senate celebrated March 8, 2012 as “National Agricultural Day” with HJR 12-1015 – Concerning recognition of March 8, 2012 as “National Agricultural Day.” The resolution was adopted unanimously by the House and Senate after Representatives testified to the importance of agriculture to Colorado.
  • The House Judiciary Committee heard nearly four-and-a-half hours of testimony before amending and approving (9-2 vote), HB 12-1271 – Juvenile Direct File Limitations. The amended bill moves to the Appropriations Committee for consideration of the fiscal impact on the state.

On Friday, March 9

  • On 3rd Reading, the House unanimously adopted HB 12-1304 – Concerning measures to prevent organized retail theft. Also adopted on 3rd Reading but by a closer vote (45-20), HB 12-1175 – Concerning the encouragement of a state agency to pursue Colorado-specific solutions in lieu of federal regulation whenever possible, and, in connection therewith, requiring a state agency to report annually regarding opportunities for waiver from newly adopted federal regulations.
  • Not wasting any time after having received the Senate version of HB 12-1074 – Judicial Oversight of Guardians & Conservators, the House concurred with the Senate amendments to the bill. This ends the legislative journey for the bill – the bill moves to the governor’s desk for signature next.
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