September 29, 2016

Colorado Supreme Court: Ample Evidence Supported District Court’s Order Terminating Parental Rights

The Colorado Supreme Court issued its opinion in E.S.V. v. People in Interest of C.E.M. on Monday, May 23, 2016.

Termination of Parental Rights.

In this case involving a termination of parental rights, a mother’s treatment plan  included as one of its objectives that the mother would “demonstrate appropriate  protective capacities to ensure her children’s safety.” To achieve this objective, the mother was required to report to her caseworker and the guardian ad litem any contact that she had with the children’s abusive father. The district court found that the mother did not report numerous contacts with the father and was unable or unwilling to internalize the safety concerns at which her treatment plan was directed, despite the efforts of many professionals and treatment providers to assist her. The court thus found that the mother’s treatment plan was unsuccessful and the court terminated the mother’s parental rights as to the children. A division of the Court of Appeals affirmed, and the Supreme Court affirmed the division’s judgment, concluding that the evidence amply supported the district court’s  findings and conclusions.

Summary provided courtesy of The Colorado Lawyer.

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.

Bills Updating Election Laws, Clarifying Tax Exemptions for Housing Authorities, and More Signed

On Wednesday, May 18, 2016, Governor Hickenlooper signed nine bills into law. To date, he has signed 186 bills into law this legislative session. The bills signed Wednesday include a bill to clarify the scope of tax exemption for housing authorities, a bill providing an exception to the prohibition against disclosing confidential mental health information when school safety is at risk, and more. The bills signed Wednesday are summarized here.

  • HB 16-1006 – Concerning Clarification of the Scope of the Exemption from Government Charges for Property Owned by or Leased to a Housing Authority or Owned by, Leased to, or Under Construction by an Entity that is Wholly Owned by an Authority, an Entity in Which an Authority has an Ownership Interest, or an Entity in Which an Entity Wholly Owned by an Authority or of Which an Authority is the Sole Member has an Ownership Interest, by Reps. KC Becker & Alec Garnett and Sen. Owen Hill. The bill clarifies that sales, use, and property tax exemptions apply to low-income housing property owned by or leased to any subsidiary of a housing authority.
  • HB 16-1063 – Concerning an Exception to the Prohibition Against Disclosing Confidential Communications with a Mental Health Professional when School Safety is at Risk, by Reps. Mike Foote & Crisanta Duran and Sens. Mark Scheffel & Bill Cadman. The bill allows a specified mental health professional tomake a disclosure if his or her client makes an articulable and significant threat to a school or its occupants or exhibits behavior that the professional deems to jeopardize the safety of students, teachers, administrators, or other school personnel.
  • HB 16-1101 – Concerning Medical Decisions for Unrepresented Patients, by Rep. Dave Young and Sen. Kevin Lundberg. The bill allows an attending physician to designate another willing physician to act as a patient’s proxy decision-maker for health care treatment under certain conditions. The attending physician cannot act as the proxy decision-maker.
  • HB 16-1228 – Concerning an Alternative Transfer Mechanism for Water Rights that Protects the Agricultural Use for which a Water Right was Originally Decreed while Permitting Renewable One-Year Transfers of a Portion of the Water Subject to the Water Right, by Reps. Jeni James Arndt & Jon Becker and Sens. Kerry Donovan & Jerry Sonnenberg. The bill allows the owner of an absolute decreed irrigation water right used for agricultural purposes to apply in water court to change the use of the water right to an agricultural water protection water right which is created by this bill.
  • HB 16-1394 – Concerning Clarifying Definitions Related to At-Risk Persons, by Rep. Dave Young and Sen. Kevin Grantham. The bill implements the recommendations of the at-risk adults with intellectual and developmental disabilities (IDD) mandatory reporting implementation task force, including changing definitions related to at-risk persons, expanding penalties for mistreatment of at-risk persons, and more.
  • SB 16-142 – Concerning Modernization of Election Law Provisions, and, in Connection Therewith, Correcting Statutory Citations, Updating Terms and Procedures to Reflect Modern Elections Administration, Conforming State Law to Federal Law, Eliminating Redundancies and Obsolete References and Practices, Harmonizing Durational Residency Requirements for Certain Local Government Elections, and Making an Appropriation, by Sen. Ray Scott and Rep. Su Ryden. The bill makes various changes and updates to election statutes.
  • SB 16-177 – Concerning Technical Modifications to Legislation Enacted in 2015 to Promote an Equitable Financial Contribution Among Affected Public Bodies in Connection with Urban Redevelopment Projects Allocating Tax Revenues, by Sens. Beth Martinez Humenik & Rollie Heath and Reps. Dickey Lee Hullinghorst & Polly Lawrence. The bill makes technical adjustments and clarifies recent legislation concerning urban renewal, urban renewal plans, and provisions for sharing tax increment financing among affected taxing entities.
  • SB 16-201 – Concerning Revising the Child Welfare Funding Mechanism, by Sen. Kevin Grantham and Rep. Dave Young. The bill requires the Department of Human Services to work with county departments of human services, residential treatment providers, the Department of Health Care Policy and Financing, and the Joint Budget Committee to review the rate-setting process for residential treatment programs serving youth in the child welfare system.
  • SB 16-211 – Concerning Contests to Specified Special District Elections that are Made on Grounds Relating to Elector Qualifications, and, in Connection Therewith, Imposing a Jurisdictional Bar on Contests of Certain Elections and Validating the Qualifications of Certain Actors when Timely Contests Challenging Those Qualifications Have Not Been Filed, by Sens. Bill Cadman & Mark Scheffel and Reps. Dickey Lee Hullinghorst & Crisanta Duran. For special district elections conducted prior to April 21, 2016, and on May 3, 2016, this bill prohibits contesting the results of the election on the grounds that any person voting at the election was not eligible to vote, except in limited circumstances, and the qualification of any person elected or appointed to a special district is validated and may not be contested.

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

Unaccompanied Homeless Youth Tuition Bill, Debt-Free Schools Act Bill, and More Signed

On Tuesday, May 17, 2016, Governor Hickenlooper signed five bills into law. To date, he has signed 177 bills this legislative session. The bills signed Tuesday include a bill to determine domicile status for in-state tuition purposes for unaccompanied homeless youth, a bill to consider whether health plans should be offered based on a single geographic area, and more. The bills signed Tuesday are summarized here.

  • HB 16-1100 – Concerning the Ability of Unaccompanied Homeless Youth to Determine Domicile for Purposes of In-State Tuition Status at Institutions of Higher Education, by Reps. Brittany Pettersen & Daneya Esgar and Sen. John Cooke. The bill adds “unaccompanied homeless youth” to the list of persons who are qualified to determine their own domicile and to be classified as a resident for tuition purposes at state supported institutions of higher education.
  • HB 16-1276 – Concerning the Division of Reclamation, Mining, and Safety’s Ability to Conduct Emergency Responses at Legacy Hard Rock Mining Sites, by Reps. Millie Hamner & Don Coram and Sens. Ellen Roberts & Kerry Donovan. The bill allows the Division of Reclamation, Mining, and Safety to use funds from the Emergency Response Cash Fund to conduct an emergency response when circumstances exist at a legacy mine site that create a danger to public health or welfare, or to the environment.
  • HB 16-1336 – Concerning the Creation of a Single Geographic Rating Area for Health Insurers to Use When Establishing Rates for Individual Health Insurance Plans, by Reps. Millie Hamner & Bob Rankin and Sen. Kerry Donovan. The bill requires the Commissioner of Insurance to conduct a study to determine the impacts and viability of establishing a single geographic area for use in determining the premium rates for individual health insurance plans issued in Colorado.
  • HB 16-1354 – Concerning Authorization for a School District to Impose an Additional Mill Levy for the Sole Purpose of Funding Capital Construction, New Technology, Existing Technology Upgrade, and Maintenance Needs of the District Without Borrowing Money, by Reps. Diane Mitsch Bush & Jon Becker and Sen. Jerry Sonnenberg. The bill, known as the “Debt-Free Schools Act,” authorizes a school district, with voter approval, to impose an additional mill levy for the sole purpose of cash funding its capital construction and facility maintenance needs without borrowing money.
  • SB 16-021 – Concerning Recognition of the Third Saturday in May as a State Holiday, and, in Connection Therewith, Designating the Third Saturday in May as “Public Lands Day,” by Sen. Kerry Donovan and Reps. Diane Mitsch Bush & KC Becker. The bill creates a new holiday, “Public Lands Day,” on the third Saturday in May.

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

Colorado Supreme Court: Non-Disclosure of Victim’s Juvenile Adjudication Did Not Render Plea Ineffective

The Colorado Supreme Court issued its opinion in People v. Corson on Monday, May 16, 2016.

Guilty Pleas—Voluntariness—Ineffective Assistance of Counsel—Crim. P. 16.

Respondent Corson pleaded guilty to sexual assault on a child, position of trust. Corson sought to overturn his conviction because the prosecutor, who had previously obtained a juvenile adjudication against the victim for falsely reporting a sexual assault in another case, did not disclose the victim’s prior false-reporting adjudication. The Supreme Court held that the prosecution’s non-disclosure did not render Corson’s guilty plea involuntary or his plea counsel ineffective. The Court also held that juvenile adjudications are not criminal convictions and therefore are not subject to automatic disclosure under Crim. P. 16(I)(a)(1)(V).

Summary provided courtesy of The Colorado Lawyer.

HB 16-1394: Standardizing Statutory Definitions Related to At-Risk Persons

On March 17, 2016, Rep. Dave Young and Sen. Kevin Grantham introduced HB 16-1394Concerning Clarifying Definitions Related to At-Risk Persons. The bill was assigned to the House Health, Insurance, & Environment Committee, where it was amended and referred to the House floor for Second Reading. The House Committee of the Whole re-referred the bill back to the Health, Insurance, & Enviroment Committee, where it again passed with no further amendments.

The bill implements the following recommendations of the at-risk adults with intellectual and developmental disabilities mandatory reporting implementation task force.

(1) Standardizing statutory definitions among the “Colorado Criminal Code,” the Office of Protective Services for At-risk Adults in the Department of Human Services, and the Office of Community Living in the Department of Health Care Policy and Financing.

Under the Colorado Criminal Code, a number of amendments and additions were made to the definitions section of article 6.5, wrongs to at-risk adults, of which the following are noteworthy: “at risk person” means an at-risk adult, adult with an intellectual and developmental disability (IDD), elder, or juvenile; “exploitation” is expanded to include harassment, undue influence, or intimidation used to create a hostile environment; “mistreated” or “mistreatment” means abuse, caretaker neglect, exploitation, act/omission that threatens the health, safety, or welfare of at at-risk person, or act/omission that exposes an at-risk person to an imminent risk of bodily injury.

Under the Human Services Code, the following terms, as defined under the Criminal Code (and amended by this bill), were added to the definitions section of article 3.1, protective services for at-risk adults: “abuse,” “at-risk adult” (newly defined therein), and “mistreatment.”

Under the Health Care Policy and Financing statutes, the following terms, as defined under the Criminal Code (and amended by this bill), were added to the definitions section of article 10, community living: “abuse,” “authorized representative,” “caretaker,” “caretaker neglect,” “exploitation,” “mistreated” or “mistreatment,” and “undue influence.”

(2) Specifying that enhanced penalties for crimes against an at-risk person (as amended from “at-risk adults and at-risk juveniles”) apply to all persons 70 years of age or older and to all persons with a disability.

(3) Clarifying and expanding the definitions of persons who are required to report instances of mistreatment of at-risk elders or at-risk adults with IDD. With respect to the Colorado Criminal Code, the list of mandatory reporters is expanded to include: any person providing health care or health-care-related services; emergency first responders; code enforcement officers; veterinarians; psychologists, counselors and therapists; persons performing case management or assistant services; staff of county departments of human or social services; staff of the State Departments of Human Services, Public Health and Environment, or Health Care Policy and Financing; staff of senior congregate centers; staff of area agencies on aging; those operating specialized transportation services; staff of housing agencies for at-risk adults; and personnel at schools serving students in preschool through twelfth grade. The list of mandatory reporters under the Human Services Code was expanded in the same manner as the list of mandatory reporters under the Criminal Code.

(4) Under the Human Services Code, the time when a law enforcement agency or county department is required to prepare a written report is reduced from 48 hours to 24 hours.

(5) Specifying that a county department of human or social services, pursuant to the Human Servicers Code, is to conduct an investigation of allegations of mistreatment of an at-risk adult.

(6) Clarifies that the human rights committee, pursuant to the Health Care Policy and Financing statutes, is responsible for ensuring the investigation of allegations of mistreatment of persons with IDD.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

Colorado Court of Appeals: Denver District Court Never Acquired Jurisdiction Over Juvenile Defendant

The Colorado Court of Appeals issued its opinion in People v. Sandoval on Thursday, April 21, 2016.

Juvenile—Direct Filing—Subject Matter Jurisdiction—Crime of Violence.

Defendant was 16 years old when, at a party, he brought the victim a drink mixed with a crushed pill, which she drank. Afterward, the victim appeared to be dizzy, stumbled, and had difficulty talking. Then defendant, along with two other male teenagers, sexually assaulted the victim. The prosecution directly filed two charges against defendant: (1) sexual assault by causing submission of the victim through the application of physical force and (2) sexual assault of the victim while he knew she was incapable of appraising the nature of her conduct. The prosecution later dismissed the first charge, and a jury found defendant guilty of the second charge. The district court sentenced defendant to eight years of sex offender specific intensive probation and 90 days in jail.

On appeal, defendant contended that the district court lacked subject matter jurisdiction to sentence him because neither offense charged in the complaint was a crime of violence under C.R.S. § 18-1.3-406 and thus did not qualify for direct filing in the district court. Because neither count was a crime of violence under C.R.S. § 18-1.3-406, the charges were not eligible for direct filing in the district court. The court of appeals held that (1) the juvenile court had exclusive jurisdiction over the charge on which defendant was tried, convicted, and sentenced in the district court; (2) the district court lacked subject matter jurisdiction; and (3) therefore, the judgment was a nullity and required dismissal.

The judgment and sentence were vacated and the case was remanded to the district court for dismissal.

Summary provided courtesy of The Colorado Lawyer.

HB 16-1377: Creating a Task Force on Collection and Security of Digital Images of Child Abuse

On March 16, 2016, Rep. Dianne Primavera and Sen. Kent Lambert introduced HB 16-1377Concerning the Creation of a Task Force on the Collection and Security of Digital Images of Evidence of Child Abuse or Neglect. The bill was assigned to the House Public Health Care & Human Services Committee, where it passed unamended. The bill passed through Second and Third Reading unamended and was introduced in the Senate in the Health & Human Services Committee. It was amended in committee and referred to the Senate Committee of the Whole for Second Reading.

This bill creates a task force to study and make recommendations on the current policies and procedures surrounding the collection and security of digital image evidence of child abuse or neglect.

The task force has three primary purposes:

  1. Study current laws, rules, and practices followed in Colorado – and best practices in other states – regarding the collection and security by county employees of digital evidence of suspected child abuse;
  2. Consider whether the statutes and practices concerning the collection and use of digital evidence of suspected child abuse are consistent with the existing and emerging technologies; and
  3. Recommend the best practices to be used in the collection and security of digital evidence of suspected child abuse.

In carrying out purposes (1) and (2), the task force shall investigate:

  1. The laws, practices, and standards governing how a county employee takes, maintains, and disseminates digital images of the child to document child abuse, considering the importance of balancing the need to collect evidence with the need to protect the privacy and constitutional rights of the parents and child;
  2. The safeguards used by county employees to ensure the best interest of the child when documenting digital evidence of suspected child abuse;
  3. The role of law enforcement agencies in conducting a child abuse assessment or investigation, as well as how law enforcement agencies, county departments, and medical professionals collaborate during assessments or investigations; and
  4. The laws, practices, and standards governing the taking of digital images of children’s bodies, as well as the audio or videotaping of a child interview.

In carrying out purpose (3), the task force shall submit to a number of specified state agencies, departments, and institutions an initial report by December 1, 2017. A final report shall be submitted by December 1, 2018.

The membership of the task force shall consist of the following members:

  1. Executive director of the Department of Human Services, or his or her designee;
  2. Child protection ombudsman;
  3. Attorney representative of the office of the child’s representative;
  4. Attorney representative of the respondent parents’ counsel;
  5. The Governor shall appoint the following members, all of whom should have experience in dealing with child abuse cases: licensed pediatrician, law enforcement officer/investigator from a rural area, law enforcement officer/investigator from an urban area, representative who oversees the child welfare training academy, director/administrator of a county department of social or human services, sexual assault nurse examiner, and a license child psychiatrist or psychologist;
  6. The Speaker of the House of Representatives shall appoint the following members: forensic interviewer of an accredited child advocacy center with experience interviewing abused children, representative of a statewide professional social work organization with experience counseling abused children, certified foster parent, representative of a law and policy child advocacy group or agency, and a caseworker that conducts assessments of child abuse cases; and
  7. The President of the Senate shall appoint the following members: county attorney with experience in dependency or neglect cases, a school representative (such as a principal, administrator, or school nurse), representative of a nationally recognized organization that works to prevent and treat child abuse, court-appointed special advocate for abused children, and a caseworker that conducts assessments of child abuse cases.

Appointments to the task force must occur on or before September 1, 2016. The first meeting of the task force shall occur on or before October 1, 2016.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

Bills Implementing “SAFE Act,” Allowing Issuance of Summonses in Lieu of Warrants, and More Signed

On Thursday, April 21, and Friday, April 22, 2016, Governor Hickenlooper signed more bills into law. He signed 19 bills on Thursday and five bills on Friday. To date, the governor has signed 141 bills this legislative session. Some of the bills signed Thursday and Friday include a bill to limit the imposition of conditions by federal entities on Colorado water rights, changing the statutory purpose of parole in order to facilitate integration into society for parolees, limiting laws governing security interests in business entities, and more. The bills signed Thursday and Friday are summarized here.

Thursday, April 21, 2016

  • HB 16-1035 – Concerning the Scope of Statutes Making the Issuance of Securities by a Public Utility Conditional on Approval by the Colorado Public Utilities Commission, and, in Connection Therewith, Clarifying that the Approval Requirement Applies Only to Electric and Gas Utilities, by Rep. Timothy Leonard and Sen. Ray Scott. The bill clarifies that only public electric and gas utilities are required to apply to the Public Utilities Commission for approval to issue or assume securities.
  • HB 16-1060 – Concerning Roadside Memorials for Fallen State Patrol Officers, by Rep. Max Tyler and Sen. Randy Baumgardner. The bill requires CDOT to erect and maintain a permanent roadside memorial for every Colorado State Patrol officer who has perished on the highway in the line of duty.
  • HB 16-1093 – Concerning the Use of the National Change of Address Database to Maintain Voter Registration Records, and, in Connection Therewith, Clarifying Terminology and Consolidating Procedures for County Clerks and Recorders to Follow when it Appears that an Elector has Moved Within the State, by Reps. Kim Ransom & Su Ryden and Sen. Jack Tate. The bill changes the process that must be followed by county clerks to confirm a voter address if the monthly search determines that a voter may have moved.
  • HB 16-1104 – Concerning the Issuance of a Summons in Lieu of a Warrant for Certain Non-Violent Offenders, by Rep. Kit Roupe and Sen. John Cooke. The bill allows law enforcement officers to issue a summons in lieu of a warrant if the officer believes there is a reasonable likelihood the defendant will appear, the local district attorney approves and has developed criteria for the procedure, the defendant has had no felony arrests in the past five years, there is no allegation that the defendant used a deadly weapon, and there are no outstanding warrants for the defendant’s arrest.
  • HB 16-1109 – Concerning that the Basic Tenets of Colorado Water Law Place on the Ability of Certain Federal Agencies to Impose Conditions on a Water Right Owner in Exchange for Permission to use Federal Land, by Reps. KC Becker & Jon Becker and Sens. Jerry Sonnenberg & Kerry Donovan. The bill states that Colorado water is a transferable property right and that the federal government must comply with state law, through the water court process, to acquire water rights.
  • HB 16-1141 – Concerning the Protection of Colorado Residents from the Hazards Associated with Naturally Occurring Radioactive Materials in Buildings, and in Connection Therewith, Making an Appropriation, by Reps. KC Becker & Don Coram and Sens. Cheri Jahn & Ellen Roberts. The bill requires the Colorado Department of Public Health and Environment to establish a radon education and awareness program to provide information and education statewide to citizens, businesses, and others in need of information, and requires that, by January 1, 2017, the CDPHE stablish a radon mitigation assistance program to provide financial assistance to low-income individuals for radon mitigation services.
  • HB 16-1153 – Concerning the Annual Date by which the General Assembly Receives a Report Regarding Outcomes of Decisions Made by the State Board of Parole, by Rep. Jovan Melton and Sen. John Cooke. The bill extends the deadline by which reports on parole outcomes made by the State Board of Parole and the Division of Criminal Justice are required from November 1 to March 31.
  • HB 16-1173 – Concerning the Continuation of the Regulation of Vessels by the Department of Natural Resources, by Rep. Diane Mitsch Bush and Sen. Ray Scott. The bill indefinitely removes the sunset of the Vessel Registration Program conducted by the Department of Regulatory Agencies to continue the registration and regulation of vessels program by Colorado Parks and Wildlife in the Department of Natural Resources.
  • HB 16-1198 – Concerning Computer Science Courses Fulfilling Certain Graduation Requirements, by Reps. Dan Pabon & Jim Wilson and Sens. Jack Tate & Andy Kerr. The bill encourages school districts to treat computer science and coding classes as mathematics or science courses and count completion of such computer-related courses toward the fulfillment of any mathematics or science graduation requirements.
  • HB 16-1215 – Concerning Changing the Statutory Purposes of Parole to Successfully Reintegrate Parolees into Society by Providing Enhanced Supportive Services, by Reps. Beth McCann & Daniel Kagan and Sen. Lucia Guzman. The bill redefines the purpose of parole to enhance public safety by reducing recidivism, select and prepare individuals who will be transitioned into the community, set individualized conditions of parole, and achieve a successful discharge from parole.
  • HB 16-1230 – Concerning the Inclusion of a County’s Financial Information in the State’s Financial Information Database, which is known as the Transparency Online Project, by Rep. Timothy Dore and Sen. John Cooke. The bill requires counties to provide the state Chief Information Officer with a copy of the county’s adopted budget no later than 30 days after the fiscal year begins, starting January 1, 2018.
  • HB 16-1255 – Concerning Additional Methods to Manage Forests to Secure Favorable Conditions for Water Supply, by Reps. Don Coram & Ed Vigil and Sen. Randy Baumgardner. The bill directs the Colorado state forest service to conduct demonstration pilot projects to implement forest management treatments that improve forest health and resilience, supply forest products to Colorado businesses, and target a Colorado watershed.
  • HB 16-1258 – Concerning the Posting by Court Clerks of Process When a Respondent is Served by Publication, by Rep. Jovan Melton and Sen. Kevin Lundberg. Current law mandates that clerks of court post the process for notice of a divorce proceeding on a bulletin board in their office when one party cannot be reached. This bill adds the option that clerks can post the process on a bulletin board or the website of the district court in which the case was filed.
  • HB 16-1259 – Concerning Local District Junior Colleges, and, in Connection Therewith, Changing the Term Local District Junior College to Local District College, by Reps. Diane Mitsch Bush & Jim Wilson and Sens. John Cooke & Kerry Donovan. The bill changes all statutory references to “local junior college” or “junior college” to “local district college” and changes requirements regarding number of board members, actions taken without regular meetings, and annexation.
  • HB 16-1270 – Concerning the Limitation of Laws Governing Security Interests to an Owner’s Interest in a Business Entity, by Rep. Pete Lee and Sens. Mark Scheffel & Rollie Heath. The bill allows small businesses to control their ownership under the Colorado Corporation and Associations Act and the Uniform Commercial Code.
  • HB 16-1271 – Concerning the Ability of a Limited Winery that has a Winery Direct Shipper’s Permit to Deliver Vinous Liquors of its Own Manufacture Directly to a Personal Consumer Without the Use of a Common Carrier, by Reps. Jonathan Singer & Dan Nordberg and Sens. Cheri Jahn & Kevin Lundberg. Under current law, a limited winery licensee with a winery direct shipper’s permit may only use a common carrier to deliver the wine it manufactures to personal consumers within Colorado. This bill allows a limited winery licensee to deliver the wine it manufactures directly to personal consumers without the use of a common carrier, as long as the licensee also has a winery direct shipper’s permit and follows the requirements of the permit.
  • HB 16-1306 – Concerning Revision of the State Statutes Governing Mortgage Loan Originators to Conform More Closely to Applicable Federal Law, and, in Connection Therewith, Amending, Relocating, and Repealing Provisions in Accordance with the Federal “Secure and Fair Enforcement for Mortgage Licensing Act Of 2008,” by Rep. Angela Williams and Sen. Chris Holbert. The bill  amends, relocates, and repeals provisions of Colorado’s mortgage loan originator licensing statutes that conflict with or have been rendered unnecessary by recent changes to federal law, or no longer reflect current national industry standards.
  • HB 16-1316 – Concerning Procedures for Changing Venue for Proceedings Relating to a Child Placed in the Legal Custody of a County Department of Social or Human Services, by Rep. Paul Rosenthal and Sen. John Cooke. The bill amends the Colorado Children’s Code to state that a child who is placed in the legal custody of a county department shall be deemed, for the entire period of the placement, to reside in the county in which the child’s legal parent or guardian resides or is located. This applies even if the child physically resides in an out-of-home placement located in another county.
  • HB 16-1327 – Concerning the Colorado Dental Board’s Authority to Promulgate Rules Implementing Financial Responsibility Requirements for Dental Care Providers, by Rep. Joann Ginal and Sen. Kevin Grantham. The bill allows the State Dental Board to establish lesser financial responsibility requirements for professional liability insurance for dental hygienists that meet certain criteria.

Friday, April 22, 2016

  • HB 16-1070 – Concerning a Signature Verification Requirement for Municipal Mail Ballot Elections, and, in Connection Therewith, Making an Appropriation, by Rep. Patrick Neville and Sen. Tim Neville. The bill requires an election judge to compare the signature on each ballot return envelope with the signature of the eligible elector stored in the statewide voter registration system for every municipal mail ballot election.
  • HB 16-1155 – Concerning Authorization for a County to Designate a Four-Lane Controlled-Access Highway that is Located in the County as a Primary Road of the County Highway System, and, in Connection Therewith, Specifying the Jurisdiction, Control, and Duties of the County and of a Municipality Through which the Highway Passes with Respect to Such a Highway, by Reps. Lori Saine & Diane Mitsch Bush and Sen. Jerry Sonnenberg. The bill allows a county with a population of 250,000 or more to designate a four-lane, controlled-access county highway in an unincorporated county area that intersects with an interstate highway or a U.S. numbered highway as a primary road of the county if the construction begins in 2016.
  • HB 16-1323 – Concerning Changing the Name of the Division of Labor to the Division of Labor and Statistics, by Rep. Tracy Kraft-Tharp and Sen. John Cooke. The bill changes the name of the Division of Labor and Employment within the Colorado Department of Labor and Employment (CDLE) to the Division of Labor Standards and Statistics.
  • HB 16-1350 – Concerning the Department of Higher Education’s Authority to Make Transfers Relating to a Governing Board’s Fee-For-Service Contracts for Specialty Education, by Rep. Dave Young and Sen. Kevin Grantham. Under current law, the Department of Higher Education may transfer up to ten percent of the annual total governing board appropriation for an institution of higher education between that governing board’s appropriation for college opportunity fund (COF) stipends, and that governing board’s fee-for-service (FFS) contracts for higher education services and programs. The bill expands the department’s authority to transfer between the COF and FFS appropriations for specialty education programs.
  • HB 16-1352 – Concerning the Appropriation of Moneys from the State Museum Cash Fund for the Benefit of Facilities Owned and Operated by the State Historical Society, and, in Connection Therewith, Making an Appropriation, by Rep. Millie Hamner and Sen. Kevin Grantham. The bill allows moneys in the fund to also be appropriated for exhibit planning, development, and build-out at other State Historical Society facilities, and, for FY 2016-17, appropriates $2 million from the fund for those purposes. The State Historical Society has four years to spend the appropriation.

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

Bills Limiting Foreclosure Finder’s Fee, Clarifying Documentary Recording Fees, and More Signed by Governor

On Friday, April 15, 2016, Governor Hickenlooper signed 15 bills into law. To date, he has signed 117 bills this legislative session. Some of the bills signed Friday include a bill reducing finder’s fees for public trustee foreclosures, a bill treating sexual trafficking of a child as child abuse for dependency and neglect cases, a bill clarifying how to calculate filing fees for recording grants or conveyances of real property, and more. The bills signed Friday are summarized here.

  • HB 16-1011 – Concerning the Removal of Restrictions on the Authority of a Board of a Metropolitan District to Provide Activities in Support of Business Development Within the District, by Rep. Ed Vigil and Sens. Leroy Garcia & Kevin Grantham. The bill removes the specified minimum valuation of commercial property for which a board of a metropolitan district can provide activities in support of business recruitment, management, and development.
  • HB 16-1066 – Concerning an Habitual Domestic Violence Offender, by Rep. Kit Roupe and Sen. Linda Newell. Currently, a judge must make a finding of fact regarding whether a defendant is a habitual domestic violence offender. The bill specifies that the trier of fact (judge or jury) may determine habitual status.
  • HB 16-1073 – Concerning the Qualifications of Licensed Electricians, by Reps. Crisanta Duran & Brian DelGrosso and Sens. Lucia Guzman & Mark Scheffel. The bill creates new renewal requirements for people seeking to renew licenses as master electricians, journeyman electricians, or residential wiremen. Renewal applicants will be required to complete 24 hours of continuing education rather than passing a competency evaluation.
  • HB 16-1090 – Concerning the Conditions Under Which a Person May Assist Another for Compensation in Obtaining the Proceeds of a Foreclosure Sale After All Liens Have Been Satisfied, by Rep. Beth McCann and Sen. Cheri Jahn. The bill limits the premium, or finder’s fee, that a person may charge for offering assistance in recovering the balance of the purchase price of a foreclosed property after all liens and claims against the property have been satisfied.
  • HB 16-1098 – Concerning Updates to Provisions Relating to School Discipline Reporting, by Rep. Polly Lawrence and Sen. Linda Newell. The bill modifies school discipline reporting requirements, requiring that agencies of the Judicial Department make information regarding expunged juvenile delinquency proceedings available to the Division of Criminal Justice, specifies that the attorney general’s requirement to report names of students given criminal citations or diversion is exempt from statutes prohibiting dissemination of confidential information, and allows aggregation of data about incidents involving law enforcement on school property.
  • HB 16-1103 – Concerning Clarifying License Pathways for the Mental Health Professional Workforce, by Reps. Tracy Kraft-Tharp & Lois Landgraf and Sens. Beth Martinez Humenik & Nancy Todd. The bill specifies that candidates seeking licensure as mental health professionals may, but are not required to, register with the database of registered psychotherapists after completing their degree.
  • HB 16-1106 – Concerning the Authority of a County to Designate Public Roads as a Section of a Pioneer Trail, by Rep. Jim Wilson and Sens. Kevin Grantham & Leroy Garcia. The bill allows a board of county commissioners to designate by resolution any public roads in the county as a pioneer trail, with certain conditions.
  • HB 16-1145 – Concerning the Determination of the Documentary Fee Imposed for Recording a Grant or Conveyance of Residential Real Property, by Rep. Steve Lebsock and Sen. Jack Tate. The bill clarifies that the filing fee for a residential real property conveyance is calculated based on the total sales price, as listed on the conveyance document, and if there is no sales price listed or the amount is less than $500, the documentary fee is calculated based on the total sales price listed on the declaration form.
  • HB 16-1149 – Concerning a Requirement that the Executive Board of a Common Interest Community Created in Colorado Before July 1, 1992, Comply with the Budget Reporting Provision of the “Colorado Common Interest Ownership Act”, by Rep. Jovan Melton and Sen. Linda Newell. Currently, common interest communities established before July 1, 1992 are exempt from certain reporting requirements. The bill removes the exemption.
  • HB 16-1170 – Concerning the Continuation of the Division of Racing Events in the Department of Revenue, and, in Connection Therewith, Implementing Recommendation 1 of the 2015 Sunset Report of the Department of Regulatory Agencies, by Reps. Ed Vigil & Don Coram and Sens. Jerry Sonnenberg & Leroy Garcia. The bill extends the sunset of the Division of Racing Events and the Colorado Racing Commission until September 1, 2023.
  • HB 16-1189 – Concerning the Regulation of Bingo-Raffle Licenses, by Rep. Cole Wist and Sen. Ellen Roberts. The bill makes changes to the Secretary of State’s regulation of bingo-raffle licenses. Specifically, the bill allows people whose license was denied to appeal to an ALJ within 60 days, clarifies when consolation prizes must be reported, and removes a restriction on the number of games a person can be a game manager for.
  • HB 16-1224 – Concerning Child Abuse Involving Human Trafficking of Minors, by Rep. Paul Lundeen and Sen. Laura Woods. The bill adds human trafficking of a minor for sexual servitude or commercial sexual exploitation to the definition of child abuse for purposes of dependency and neglect. The bill also requires county departments of human services to immediately offer services to children who are victims of human trafficking when appropriate and to file petitions in juvenile court on the child’s behalf.
  • HB 16-1236 – Concerning Continuation of the Infection Control Advisory Committee, by Rep. Dianne Primavera and Sen. Larry Crowder. The bill extends the sunset of the Infection Control Advisory Committee until July 1, 2021.
  • SB 16-013 – Concerning Statutory Changes Related to the Office of the Child Protection Ombudsman, by Sen. Linda Newell & Rep. Jonathan Singer. The bill makes several statutory changes regarding the Office of the Child Protection Ombudsman, including clarifying its board’s advisory nature, clarifying certain duties and the relationship between the office and the Judicial Department, and removing an audit requirement.
  • SB 16-125 – Concerning the Governance of Credit Unions, and, in Connection Therewith, Authorizing the Appointment of an Audit Committee in Lieu of a Supervisory Committee and Allowing the Reasonable Compensation of a Director for His or Her Service to the Credit Union, by Sen. Chris Holbert and Rep. Tracy Kraft-Tharp. The bill allows the board of directors of a credit union to appoint an audit committee in lieu of a supervisory committee.

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

e-Legislative Report: Week of April 11, 2016

legislationWelcome to another edition of the e-leg report. We’re nearing the halfway point at the capitol, and that means the state budget debate is at hand. A number of bills that the CBA is working are subject to appropriations – and only after the budget debate is settled will we know whether they are likely to be funded or not.

Feel free to drop me a line on how we are doing or raise an issue on a piece of legislation. Contact me atjschupbach@cobar.org.

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (“LPC”) is the CBA’s legislative policy making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association. Members are welcome to attend the meetings—please RSVP if you are interested.

LPC Meeting Update

Here is a quick rundown of the bills on which we have recently taken a position.

HB 16-1211 – Marijuana Transporter License

The bill creates a retail marijuana transporter license and a medical marijuana transporter license. The license is valid for five years. A licensed marijuana transporter (transporter) provides logistics, distribution, and storage of marijuana and marijuana products. A transporter may contract with multiple businesses and may also hold another marijuana license. A transporter must be licensed by December 31, 2017, in order to continue to operate. The bill describes the circumstances under which a business can terminate a contract with a transporter.

The Bar’s Cannabis Law Committee is currently monitoring and preparing comments on this bill. The bill is working through its first chamber and has been greatly amended from its original form. The Legislative Policy Committee has not taken action on this bill.

HB 16-1235 – Commissions Evaluating State Judicial Performance

The bill makes revisions to various functions of the state commission on judicial performance (state commission) and the district commissions on judicial performance (district commission), referred to collectively as the “commissions.”

This bill was postponed indefinitely (killed) in the House State, Veterans and Military Affairs Committee. The Colorado Bar Association had many concerns with the cost and operation of the bill.

HB 16-1270 – Security Interest Owner’s Interest In Business Entity

Under current law, the Uniform Commercial Code (Code) invalidates contractual limits on the transferability of some assets that can be subject to a security interest. In 2006, the Colorado Corporations and Associations Act (Act) was amended to clearly and broadly exempt an owner’s interest in a business entity from these Code provisions to effectuate the “pick your partner” principle that allows small businesses to control their ownership. Section 3 of the bill narrows the exemption in the Act to that necessary for “pick your partner,” and sections 1 and 2 codify this narrowed exemption in the Code.

This bill, part of a four bill package of business entities clean up acts, was supported by the Bar and has passed the House and Senate and is on its way to be signed by the Governor.

HB 16-1275 – Taxation Of Corporate Income Sheltered In Tax Haven

The bill pertains to an affiliated group of corporations filing a combined report. In a combined report filing, the tax is based on a percentage of the entire taxable income of all of the includable corporations, but the tax is assessed only against the corporation or corporations doing business in Colorado. Including more affiliated corporations in the combined report may result in an increase in income subject to tax.

There are jurisdictions located outside of the United States with no tax or very low rates of taxation, strict bank secrecy provisions, a lack of transparency in their tax system operations, and a lack of effective exchange of information with other countries. There are several common legal strategies for sheltering corporate income in such jurisdictions, often called “tax havens.”

Notwithstanding a current requirement in state law that those corporations with 80% or more of their property and payroll assigned to locations outside of the United States be excluded from a combined report, the bill makes a corporation that is incorporated in a foreign jurisdiction for the purpose of tax avoidance an includable C corporation for purposes of the combined report.

The bill defines a corporation incorporated in a foreign jurisdiction for the purpose of tax avoidance to mean any C corporation that is incorporated in a jurisdiction that has no or nominal effective tax on the relevant income and that meets one or more of five factors listed in the bill, unless it is proven to the satisfaction of the executive director of the Department of Revenue that such corporation is incorporated in that jurisdiction for a legitimate business purpose.

The bill requires the state controller to credit a specified amount per fiscal year to the state education fund to be used to help fund public school education.

The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2016 asking voters:

  • To increase taxes annually by the taxation of a corporation’s state income that is sheltered in a foreign jurisdiction for the purpose of tax avoidance;
  • To use the resulting tax revenue to help fund elementary and secondary public school education; and
  • To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR).

The Tax Law section of the CBA voted to oppose this bill, which was postponed indefinitely (killed) by the Senate State Affairs Committee. The Bar had concerns over the cost of vague language in the bill as well as the impact on the courts and judicial system.

HB 16-1310 – Operators Liable For Oil And Gas Operations

Under current law governing relations between surface owners and oil and gas operators, to prevail on a claim the surface owner must present evidence that the operator’s use of the surface materially interfered with the surface owner’s use of the surface of the land. The bill amends this requirement to allow proof that the operator’s oil and gas operations harmed the surface owner’s use of the surface of the land, caused bodily injury to the surface owner or any person residing on the property of the surface owner, or damaged the surface owner’s property.

The Legislative Policy Committee voted to oppose this bill because it upends the burden of proof responsibility. The bill has passed the House and is moving on to the Senate, where it will be heard by the Agriculture Committee.

HB 16-1331 – Policies On Juvenile Shackling In Court

The bill requires restraints on a juvenile to be removed prior to any court proceeding, except when the court determines the restraints are necessary:

  • To prevent physical harm to the juvenile or another person;
  • To prevent disruptive courtroom behavior by the juvenile, evidenced by a history of behavior that created potentially harmful situations or presented substantial risk of physical harm; or
  • To prevent the juvenile from fleeing the courtroom, when there is evidence of an escape history or other relevant factors.

The prosecution, sheriff, or any other detention or pretrial personnel may request that an individual juvenile be restrained in the courtroom. The court shall provide the juvenile’s attorney an opportunity to be heard before the court allows the use of restraints on a juvenile. The court may conduct a hearing on the use of restraints without the juvenile being present.

The CBA supports this bill as good policy and an extension of the efforts the courts have made this past year. While the courts need discretion, we believe this bill strikes the right balance for outlining the policies on how and when juveniles should be subject to shackling.

HB 16-1346 – Open Records Subject To Inspection Denial

The bill allows a custodian to deny access to confidential personal information records and employee personal e-mail addresses. The provisions of the Colorado Open Records Act (CORA) that relate to civil or administrative investigations and trade secrets and other privileged and confidential information apply to the judicial branch.

The Bar Association opposed this bill because of constitutional and separation of powers concerns regarding the relationship between the judicial and legislative branches of government. In addition, we believe that the PAIRR rules issued by the Chief Justice, which closely mirror the text of CORA, are better suited to meet the information needs of requesters while maintaining the integrity of judicial records.

HB 16-1394 -Aligning Issues Around At-risk Persons

The bill implements the following recommendations of the at-risk adults with intellectual and developmental disabilities mandatory reporting implementation task force:

  • Standardizing statutory definitions among the Colorado Criminal Code, adult protective services in the department of human services, and the office of community living in the department of health care policy and financing;
  • Specifying that enhanced penalties for crimes against an at-risk person apply to all persons 70 years of age or older and to all persons with a disability; and
  • Clarifying and expanding the definitions of persons who are required to report instances of mistreatment of at-risk elders or at-risk adults with an intellectual and developmental disability (adults with IDD).

The bill also:

  • Reduces the time in which a law enforcement agency or county department is required to prepare a written report from 48 hours to 24 hours;
  • Specifies that a county department of human or social services is to conduct an investigation of allegations of mistreatment of an at-risk adult; and
  • Clarifies that the human rights committee is responsible for ensuring that an investigation of mistreatment of an adult with IDD occurred.

The Colorado Bar Association opposed the bill as written, but is working with stakeholders to review amendments from other stakeholder groups. We are working with and talking with the sponsors frequently.

SB 16-130 – Methods To Collect Consumer Use Tax

Consumer use tax is the complement to sales tax and is due on the purchases of goods where the retailer did not charge sales tax. For example, any time consumers make an Internet purchase and the out-of-state retailer does not charge sales tax, the purchaser should pay the equivalent amount of sales tax as consumer use tax directly to the Colorado Department of Revenue (department). The department has added a use tax line to the 2015 individual income tax return form in an effort to make self-reporting of use tax more convenient for consumers.

The bill specifies that after the 2015 income tax year the department is not allowed to add use tax reporting lines to the individual income tax return form for any reason. The bill also prohibits the department from auditing any taxpayer for any amount he or she reported on the use tax lines included in the 2015 individual income tax return form.

The CBA is monitoring this bill and has sought permission to make changes to the bill to ensure that collecting use taxes is efficient.

SB 16-131 Overseeing Fiduciaries’ Management Of Assets

The bill clarifies statutory language concerning the removal of a fiduciary to ensure that a fiduciary’s authority is suspended as soon as a petition to remove the fiduciary is filed. The bill adds a provision to the conservatorship statutes stating that an adult ward or protected person has a right to be represented by a lawyer of their choosing unless the trial court finds the person lacks sufficient capacity to provide informed consent for representation by a lawyer. The bill states that after a fiduciary receives notice of proceedings for his, her, or its removal, the fiduciary shall not pay compensation or attorney fees and costs from the estate without an order of the court.

This bill rearranges the existing responsibilities for fiduciaries managing assets. It is a cleanup and reorganization of these statutes and adds the right to legal counsel for wards and protected persons. The bill is scheduled for committee later this week.

SB 16-133 – Transfer Of Property Rights At Death

Under current law, a certificate of death, a verification of death document, or a certified copy thereof, of a person who is a joint tenant may be placed of record with the county clerk and recorder of the county in which the real property affected by the joint tenancy is located, together with a supplementary affidavit. The bill removes the requirement that the person who swears to and affirms the supplementary affidavit has no record interest in the real property. The bill includes inherited individual retirement accounts and inherited Roth individual retirement accounts as property exempt from levy and sale under writ of attachment or writ of execution.

The bill amends provisions concerning determination-of-heirship proceedings, as follows:

  • Clarifies the definition of “interested person” so that anyone affected by the ownership of property may commence a proceeding;
  • Describes when an unprobated will may be used as part of a proceeding;
  • Clarifies notice requirements; and
  • Ensures that a judgment and decree will convey legal title as opposed to equitable title.

The bill enacts portions of section 5 of the Uniform Power of Appointment Act, with amendments.
This bill, the second part of the Colorado Bar Association’s probate reorganization bills, has passed the legislature and will be sent to the Governor shortly.

Bills that the LPC is monitoring, watching or working on can be found at this link:
http://www.statebillinfo.com/sbi/index.cfm?fuseaction=Public.Dossier&id=21762&pk=996

Bills to Make References to Attorney General Gender Neutral, Authorize Pink Vests for Hunters, and More Signed

On Tuesday, April 12, 2016, the governor signed six bills into law, and on Thursday, April 14, 2016, the governor signed 18 bills into law. To date, the governor has signed 102 bills into law this legislative session. Some of the bills signed Tuesday and Thursday include a bill to make statutory references to the attorney general gender neutral, a bill to allow hunters to wear fluorescent pink vests, a bill allowing employees of an alcohol wholesaler to purchase alcohol at wholesale prices, a bill increasing judicial discretion in sentencing for violent crimes, and more. The bills signed Tuesday and Thursday are summarized here.

Tuesday, April 12, 2016

  • SB 16-068 – Concerning Wearing Fluorescent Pink Garments to Hunt Big Game, by Sen. Kerry Donovan and Reps. Daneya Esgar & Yeulin Willett. Currently, hunters of big game are required to wear fluorescent orange clothing. The bill allows hunters to wear fluorescent pink as well.
  • HB 16-1030 – Concerning the Use of Off-Highway Vehicles, by Reps. J. Paul Brown & Lois Court and Sen. Kerry Donovan. Currently, anyone age 10 or over can operate an off-highway vehicle with supervision of a licensed driver. The bill allows local governments to require off-highway vehicle operators to have a driver’s license or carry liability insurance.
  • HB 16-1163 – Concerning Appropriations from the Noxious Weed Management Fund, by Rep. Bob Rankin and Sen. Kevin Grantham. The bill specifies that unexpended monies in the noxious weed management fund are subject to reappropriation.
  • HB 16-1182 – Concerning the Continuation of the Commodity Metals Theft Task Force, by Reps. Lois Court & Crisanta Duran and Sens. John Cooke & Rollie Heath. The bill extends the sunset of the Commodity Metals Theft Task Force until September 1, 2025.
  • HB 16-1184 – Concerning the Administration of Money that Is Required Under Existing Law to be Transferred from the High Cost Support Mechanism to the Broadband Fund, by Rep. Bob Rankin and Sen. Kevin Grantham. The bill requires that the High Cost Support Mechanism funds be transferred to the Broadband Fund on July 1 of each year, rather than on allocation.
  • HB 16-1269 – Concerning the Ability of the Department of Revenue to Allow Additional Application Methods for Identification Cards, by Rep. Jovan Melton and Sen. John Cooke. The bill allows holders of Colorado driver’s licenses that are current or less than one year out-of-date to apply by mail for an identification card.

Thursday, April 14, 2016

  • HB 16-1094 – Concerning Making References to the Attorney General in the Colorado Revised Statutes Gender Neutral, by Rep. Timothy Dore and Sen. Ellen Roberts. The bill revises the Colorado Revised Statutes to make references to the attorney general gender-neutral.
  • HB 16-1157 – Concerning the Establishment of a Future Sunset Review of the Functions Delegated to the Director of the Division of Professions and Occupations Under the “Michael Skolnik Medical Transparency Act of 2010” to Implement the Recommendations of the Department of Regulatory Agencies as Contained in its 2015 Sunset Report Pertaining to the Division of Professions and Occupations, by Reps. Alec Garnett & Tracy Kraft-Tharp and Sen. Jack Tate. The bill adds a September 1, 2021, sunset date for the Michael Skolnik Medical Transparency Act of 2010.
  • HB 16-1168 – Concerning the Continuation of the Rural Alcohol and Substance Abuse Prevention and Treatment Program, by Reps. Joann Ginal & Jessie Danielson and Sen. Ray Scott. The bill extends the sunset of the Rural Alcohol and Substance Abuse Prevention and Treatment Program until September 1, 2025.
  • HB 16-1169 – Concerning the Appointment of Representatives of the Southern Ute and Ute Mountain Ute Tribes as Voting Members of the Statewide Transportation Advisory Committee, by Rep. Don Coram and Sen. Ellen Roberts. The bill alters the membership of the Statewide Transportation Advisory Committee to include as full voting members one representative from the Southern Ute Tribe and one representative from the Ute Mountain Ute Tribe.
  • HB 16-1176 – Concerning the Authority of a Licensed Wholesaler to Establish an Employee Purchase Program Under Which its Employees May Purchase Directly from the Wholesaler Alcohol Beverage Products Sold by that Wholesaler, by Rep. Steve Lebsock and Sen. Jack Tate. The bill allows licensed vinous and spiritous wholesalers to establish an employee purchase program.
  • HB 16-1188 – Concerning Requirements for the Provision of Additional Public Information by a Separate Legal Entity Established by Contract by a Combination of Political Subdivisions of the State, by Rep. Paul Rosenthal and Sen. Beth Martinez Humenik. The bill requires a separate legal entity formed by a combination of local governments and political subdivisions to file a copy of the intergovernmental agreement with the Division of Local Government in the Department of Local Affairs.
  • HB 16-1190 – Concerning the Use of Deadly Force in a Detention Facility, by Rep. Timothy Dore and Sen. John Cooke. The bill clarifies that deadly force is not allowed against intruders in a dwelling that is a detention facility.
  • HB 16-1192 – Concerning a Nonsubstantive Recodification of the Sunset Review Procedures, by Rep. Daniel Kagan and Sen. Pat Steadman. The bill reorganizes sunset review provisions in statutes by removing repealed provisions and renumbering the remaining provisions for clarity.
  • HB 16-1193 – Concerning Granting Electronic Access to Court Information to Attorneys Under Contract with the Office of the Respondent Parents’ Counsel, by Rep. Millie Hamner and Sen. Kent Lambert. The bill grants attorneys working with the Office of Respondent Parents’ Counsel electronic access to the name index and register of actions databases in the Judicial Department.
  • HB 16-1229 – Concerning Modification of the Means of Repayment for Certain Ongoing Financial Obligations Incurred by the State in Order to Fund Capital Construction Projects for State-Supported Institutions of Higher Education, by Rep. Bob Rankin and Sen. Pat Steadman. Currently, a portion of the Federal Mineral Lease revenue is transferred into a reserve fund and a revenues fund to support capital construction projects at institutes of higher education. The bill specifies that for this fiscal year, all money in the reserve fund should be transferred into the revenues fund and the reserve fund should be eliminated.
  • HB 16-1247 – Concerning a Supplemental Appropriation to the Department of Public Health and Environment, by Rep. Millie Hamner and Sen. Kent Lambert. The bill allows a supplemental appropriation to the Department of Public Health and Environment.
  • HB 16-1272 – Concerning Procedures to be Followed in Connection with the Disconnection by Ordinance of Land from a Municipality, by Rep. Tracy Kraft-Tharp and Sen. Jack Tate. The bill modifies the procedures for the owner of a tract of land adjacent to a municipality to have the tract of land disconnected from the municipality.
  • HB 16-1297 – Concerning the Immediate Reestablishment of the Voluntary Contributions Excluded from the 2015 Colorado Income Tax Return Form for Not Receiving the Requisite Minimum Dollar Amount of Contributions by the Statutory Deadline, and, in Connection Therewith, Expanding the Number of Voluntary Contributions that May Appear on the Income Tax Return Form and Lowering the Minimum Amount of Donations that Must be Received by Every Fund Appearing on the Form, by Rep. Lois Court and Sen. Beth Martinez Humenik. The bill expands the number of voluntary contribution income tax check-offs on a state income tax form from 15 to 20 and lowers the minimum contribution amount that a program must receive to stay on the form from $75,000 to $50,000, and reestablishes check-offs that were removed last year because they did not meet the minimum contribution amount.
  • HB 16-1416 – Concerning the Transfer of Money from the General Fund to Cash Funds that are Used for the State’s Infrastructure, by Rep. Millie Hamner and Sen. Kent Lambert. The bill replaces transfers specified as percentages with actual dollar amounts.
  • SB 16-051 – Concerning Increasing Judicial Discretion Regarding the Imposition of Consecutive Sentences for Violent Crimes, by Sens. Mike Johnston & Kevin Lundberg and Rep. Jovan Melton. The bill removes the requirement that people who commit two or more separate, specified crimes of violence arising out of the same incident be sentenced consecutively.
  • SB 16-099 – Concerning Implementing Recommendations of the State Auditor’s Office by Establishing the Authority of the Correctional Education Program to Sell Inmate-Produced Products to Specified Persons, by Sen. Cheri Jahn and Rep. Dianne Primavera. The bill authorizes the correctional education program to sell goods produced by inmates to other inmates, invited guests, employees of the department, governmental agencies, or nonprofit organizations, provided certain conditions are met.
  • SB 16-110 – Concerning Protecting the Privacy of Child Victims when Releasing Criminal Justice Records, by Sen. Laura Woods and Rep. Paul Lundeen. The bill requires the custodian of criminal justice records to make a notation of “child victim” whenever the name is disclosed during official proceedings, except when information is shared between certain state and local government agencies.
  • SB 16-122 – Concerning Additional Oversight of the Activities of the Department of Transportation, by Sen. Randy Baumgardner and Reps. Dan Nordberg & J. Paul Brown. The bill requires the Colorado Department of Transportation to undergo an audit, release funds budgeted for certain projects within one year or sooner, post on its website information related to public bid contracts, and more.

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