April 22, 2017

Bills Regarding Notice of Medicaid Appeals, Special Respondents in Dependency and Neglect, and More Signed

On Thursday, April 6, 2o17, Governor Hickenlooper signed 15 bills into law. To date, the governor has signed 137 bills into law this legislative session. Some of the bills signed Thursday include a bill amending the definition of “special respondent” in the Colorado Children’s Code, a bill prohibiting a court from requiring a medical marijuana patient to abstain from marijuana use as a condition of bond, a bill codifying the presumption that a conveyance of land also includes the property interest in an adjacent vacated right-of-way, and a bill granting qualified immunity to persons performing land stewardship activities on public lands. These bills and the others signed Thursday are summarized here.

  • HB 17-1126: “Concerning the Review of Legal Sufficiency of Medicaid Appeals,” by Reps. Jessie Danielson & Dafna Michaelson Jenet and Sen. Larry Crowder. The bill requires an administrative law judge hearing Medicaid appeals to review the legal sufficiency of the notice of action from which the recipient is appealing at the commencement of the appeal hearing if the notice of action concerns the termination or reduction of an existing benefit, and to take appropriate action if the notice is insufficient.
  • HB 17-1173:“Concerning Medical Communications Regarding Disagreements in Health Care Decisions,” by Rep. Chris Hansen and Sen. Tim Neville. The bill requires a contract between a health insurance carrier and a health provider to include a provision that prohibits a carrier from taking an adverse action against the provider due to a provider’s disagreement with a carrier’s decision on the provision of health care services.
  • HB 17-1183: “Concerning the Repeal of the Condition Required to be Satisfied for a Provision of Law Governing the Disclosure of Communications with Mental Health Professionals to Take Effect,” by Rep. Mike Foote and Sen. Bob Gardner. The bill repeals the contingency provision contained in HB 16-1063 regarding the HIPAA privacy rule.
  • HB 17-1197: “Concerning the Exclusion of Marijuana from the Definition of ‘Farm Products’ with Regard to Regulation of Farm Products under the ‘Farm Products Act’,” by Rep. Joann Ginal and Sen. Don Coram. The bill excludes marijuana from the definition of ‘farm products’ requiring licensure under the Farm Products Act.
  • HB 17-1198“Concerning the Authority for a Special District to Increase the Number of Board Members from Five to Seven,” by Rep. Matt Gray and Sen. Bob Gardner. The bill allows a special district to increase the number of board members by adoption of a resolution by the board and the approval of the resolution by the board of county commissioners or the governing body of the municipality that approved the service plan of the special district.
  • SB 17-046: “Concerning the Modernization of Procedures Pertaining to Warrants and Checks not yet Presented to the State Treasurer for Payment,” by Sen. Jack Tate and Rep. Jeni Arndt. The bill modernizes current practices relating to warrants and checks not timely presented to the state treasurer for payment.
  • SB 17-065: “Concerning a Requirement that Health Care Providers Disclose the Charges they Impose for Common Health Care Services when Payment is made Directly Rather than by a Third Party,” by Sen. Kevin Lundberg and Rep. Susan Lontine. The bill creates the ‘Transparency in Health Care Prices Act’, which requires health care professionals and health care facilities to make available to the public the health care prices they assess directly for common health care services they provide.
  • SB 17-097“Concerning the Presumption that a Conveyance of an Interest in Land Also Conveys an Interest in Adjoining Property Consisting of a Vacated Right-of-Way,” by Sen. Beth Martinez Humenik and Rep. James Coleman. The bill broadens the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens.
  • SB 17-100: “Concerning Qualified Immunity for Persons Performing Land Stewardship Activities on Public Lands,” by Sen. Jerry Sonnenberg and Reps. Jeni Arndt & Lois Landgraf. The bill strengthens existing legal protections under the federal ‘Volunteer Protection Act of 1997’ and Colorado’s ‘Volunteer Service Act’ for individual volunteers and nonprofit entities who build or maintain recreational trails and related facilities pursuant to grants received under Colorado’s ‘Recreational Trails System Act of 1971’.
  • SB 17-142: “Concerning the Requirement to Include Notification to a Patient Regarding the Patient’s Breast Tissue Classification with the Required Mammography Report,” by Sen. Angela Williams and Rep. Jessie Danielson. The bill requires that each mammography report provided to a patient include information that identifies the patient’s breast tissue classification based on the breast imaging reporting and data system established by the American College of Radiology.
  • SB 17-144: “Concerning the Recommended Continuation of the Education Data Advisory Committee by the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies,” by Sens. Owen Hill & Rachel Zenzinger and Rep. Brittany Pettersen. The bill implements the recommendation of the Department of Regulatory Agencies to continue the education data advisory committee.
  • SB 17-146“Concerning Access to the Electronic Prescription Drug Monitoring Program,” by Sen. Cheri Jahn and Rep. Joann Ginal. The bill modifies provisions relating to licensed health professionals’ access to the electronic prescription drug monitoring program.
  • SB 17-177: “Concerning Amending the Definition of ‘Special Respondent’ in the Children’s Code to Allow a Person to be Voluntarily Joined in a Dependency or Neglect Proceeding,” by Sen. John Cooke and Rep. Paul Rosenthal. The bill amends the Children’s Code definition of “special respondent” to allow a party to be voluntarily joined in a dependency or neglect proceeding.
  • SB 17-178“Concerning Prohibiting a Court from Requiring a Medical-Marijuana Patient to Abstain from the Use of Marijuana as a Condition of Bond,” by Sen. Vicki Marble and Rep. Jovan Melton. The bill prohibits a court from imposing as a bond condition a ban on marijuana use if the person possesses a valid medical marijuana registry identification card.
  • SB 17-230“Concerning Payment of Expenses of the Legislative Department,” by Sens. Lucia Guzman & Chris Holbert and Reps. Patrick Neville & KC Becker. The bill makes appropriations for matters related to the legislative department for the 2017-18 state fiscal year.

For a list of the governor’s 2017 legislative actions, click here.

Bills Regarding Hearsay Exception, Free Speech on College Campuses, Juvenile Court Jurisdiction, and More Signed

On Tuesday, April 4, 2017, the governor signed 16 bills into law. He also signed 14 bills into law on March 30, and 12 bills on March 23. To date, the governor has signed 122 bills into law.

Some of the bills recently signed include a bill clarifying the hearsay exception for people with intellectual and developmental disabilities, a bill correcting the Colorado Uniform Trust Decanting Act, a bill clarifying that a juvenile court has jurisdiction to issue civil protection orders in dependency and neglect cases, a bill clarifying a student’s right to free speech on college campuses, and more. The bills signed since March 23 are summarized here.

April 4, 2017

  • HB 17-1051“Concerning Modernization of the Colorado ‘Procurement Code’,” by Reps. Bob Rankin & Alec Garnett and Sens. Andy Kerr & Don Coram. The bill reviews the entirety of the Colorado Procurement Code and makes several updates in an effort to modernize the Code.
  • HB 17-1101“Concerning the Creation of the Youth Corrections Monetary Incentives Award Program in the Division of Youth Corrections,” by Rep. Paul Rosenthal and Sens. Nancy Todd & Kevin Priola. The bill authorizes the Division of Youth Corrections to establish, at its discretion, a youth corrections monetary incentives award program. The purpose of the program is to provide monetary awards and incentives for academic, social, and psychological achievement to juveniles who were formerly committed to the Division to assist and encourage them in moving forward in positive directions in life.
  • HB 17-1103“Concerning a State Sales and Use Tax Exemption for Historic Aircraft on Loan for Public Display,” by Reps. Dan Nordberg & Dan Pabon and Sens. Dominick Moreno & Bob Gardner. The bill creates a state sales and use tax exemption for a historic aircraft that is on loan for public display, demonstration, educational, or museum promotional purposes in the state provided certain conditions are met.
  • HB 17-1107“Concerning the Implementation of a New Computer System by the Division of Motor Vehicles to Facilitate the Division’s Administration of the Operation of Motor Vehicles in the State,” by Reps. Dan Thurlow & Jeff Bridges and Sen. Beth Martinez Humenik. The bill makes statutory changes regarding implementation of a new computer system.
  • HB 17-1109“Concerning Prosecuting in One Jurisdiction a Person who has Committed Sexual Assaults Against a Child in Different Jurisdictions,” by Reps. Terri Carver & Jessie Danielson and Sens. John Cooke & Rhonda Fields. The bill allows a prosecutor to charge and bring a pattern-offense case for all such assaults in any jurisdiction where one of the acts occurred, rather than prosecuting each act in the jurisdiction in which it occurred.
  • HB 17-1111“Concerning Allowing Juvenile Courts to Enter Civil Protection Orders in Dependency and Neglect Cases,” by Rep. Susan Beckman and Sen. Rhonda Fields. The bill clarifies that the juvenile court has jurisdiction to enter civil protection orders in dependency and neglect actions in the same manner as district and county courts. The court must follow the same procedures for the issuance of the civil protection orders and use standardized forms.
  • HB 17-1149“Concerning Special License Plates Issued to Members of the United States Military who Served in the United States Army Special Forces,” by Reps. Tony Exum & Dafna Michaelson Jenet and Sen. Bob Gardner. The bill clarifies which individuals are eligible for a U.S. Army Special Forces license plate.
  • HB 17-1151“Concerning the Regulation of Electrical Assisted Bicycles,” by Reps. Chris Hansen & Yeulin Willett and Sens. Owen Hill & Andy Kerr. The bill defines electrical assisted bicycles and enacts several regulations regarding manufacture, labeling, and government oversight of such bicycles.
  • HB 17-1152: “Concerning the Authority of a Federal Mineral Lease District to Manage a Portion of the Direct Distribution of Money from the Local Government Mineral Impact Fund to Counties for the Benefit of Impacted Areas,” by Reps. Yeulin Willett & Diane Mitsch Bush and Sen. Ray Scott. The bill gives a federal mineral lease district the option to invest a portion of the funding it receives from the local government mineral impact fund in a fund.
  • SB 17-015“Concerning the Unlawful Advertising of Marijuana,” by Sen. Irene Aguilar and Rep. Dan Pabon. The bill makes it a level 2 drug misdemeanor for a person not licensed to sell medical or retail marijuana to advertise for the sale of marijuana or marijuana concentrate.
  • SB 17-016“Concerning the Optional Creation of a Child Protection Team by a County,” by Sens. Cheri Jahn & Tim Neville and Reps. Tracy Kraft-Tharp & Dan Nordberg. The bill allows counties and groups of contiguous counties to choose whether to establish a child protection team, at the discretion of the county director or the directors of a contiguous group of counties.
  • SB 17-048“Concerning Requiring an Officer to Arrest an Offender who Escapes from an Intensive Supervision Program in the Department of Corrections,” by Sen. John Cooke & Rep. Yeulin Willett. The bill requires a peace officer who believes that an offender in an intensive supervision program has committed an escape by knowingly removing or tampering with an electronic monitoring device to immediately seek a warrant for the offender’s arrest or arrest the offender without undue delay if the offender is in the presence of the officer.
  • SB 17-062“Concerning the Right to Free Speech on Campuses of Public Institutions of Higher Education,” by Sen. Tim Neville and Reps. Jeff Bridges & Stephen Humphrey. The bill prohibits public institutions of higher education from limiting or restricting student expression in a student forum, and prohibits those institutions for penalizing free speech.
  • SB 17-066“Concerning Clarifying Retroactively the Authority of a Municipality to Employ a Police Force without Going Through Sunrise Review,” by Sens. Rhonda Fields & John Cooke and Reps. Steve Lebsock & Lori Saine. The bill clarifies that municipalities may employ a police force without going through the review process for groups seeking peace officer status.
  • SB 17-076“Concerning Authority to Spend Money in the Public School Performance Fund,” by Sen. Kevin Priola and Rep. James Coleman. The bill allows the Department of Education to spend money received as gifts, grants, and donations for monetary awards to certain high-performing public schools and in purchasing tangible items of recognition for the schools.
  • SB 17-125“Concerning Allowing Certain Persons who Have Been Exonerated of Crimes to Receive in Lump-Sum Payments Compensation that is Owed to Them by the State,” by Sen. Lucia Guzman and Rep. Dan Pabon. The bill allows an exonerated person to elect to receive the remaining balance of the state’s duty of compensation in a lump sum rather than periodic payments.

March 30, 2017

  • HB 17-1059: “Concerning the Scheduled Repeal of Reports by the Department of Public Safety to the General Assembly,” by Rep. Dan Thurlow and Sen. Jack Tate. The bill continues indefinitely statutory reporting requirements.
  • HB 17-1076“Concerning Rule-making by the State Engineer Regarding Permits for the Use of Water Artificially Recharged into Nontributary Groundwater Aquifers,” by Rep. Jeni Arndt and Sens. Stephen Fenberg & Don Coram. The bill adds a requirement that the state engineer promulgate rules for the permitting and use of waters artificially recharged into nontributary groundwater aquifers.
  • HB 17-1147“Concerning Defining the Purposes of Community Corrections Programs,” by Rep. Lang Sias and Sen. Daniel Kagan. The bill statutorily defines the purpose of community corrections as to further all purposes of sentencing and improve public safety.
  • HB 17-1180: “Concerning Requirements for the Tuition Assistance Program for Students Enrolled in Career and Technical Education Certificate Programs,” by Reps. Faith Winter & Polly Lawrence and Sens. Andy Kerr & Tim Neville. The bill allows students in technical education programs to receive tuition assistance even if they do not meet credit hour requirements for the federal Pell grant program.
  • SB 17-024“Concerning the Hearsay Exception for Persons with an Intellectual and Developmental Disability when a Defendant is Charged with a Crime Against an At-risk Person,” by Sen. Rhonda Fields and Rep. Dave Young. The bill clarifies that the hearsay exception for a person with an intellectual and developmental disability applies if the defendant is charged under the increased penalties for crimes against at-risk persons.
  • SB 17-031“Concerning the Scheduled Repeal of Reports by the Department of Corrections to the General Assembly,” by Sen. Jack Tate and Rep. Jeni Arndt. The bill continues indefinitely reporting requirements for the Department of Corrections and makes other changes.
  • SB 17-033“Concerning the Authority of a Professional Nurse to Delegate Dispensing Authority for Over-the-Counter Medications,” by Sen. Irene Aguilar and Rep. Polly Lawrence. The bill allows a professional nurse to delegate to another person, after appropriate training, the dispensing authority of an over-the-counter medication to a minor with the signed consent of the minor’s parent or guardian.
  • SB 17-073“Concerning Promotion of the Runyon-Fountain Lakes State Wildlife Area,” by Sen. Leroy Garcia and Rep. Donald Valdez. The bill directs stakeholders interested in the Runyon-Fountain lakes state wildlife area (including the Colorado division of parks and wildlife, the city of Pueblo, and the Pueblo conservancy district) to cooperatively engage in a long-term process to promote the maximum beneficial development and maintenance of the area.
  • SB 17-110“Concerning Expanding the Number of Unrelated Children to No More than Four to Qualify for License-exempt Family Child Care,” by Sens. Larry Crowder & John Kefalas and Reps. James Wilson & Jessie Danielson. The bill expands the circumstances under which an individual can care for children from multiple families for less than 24 hours without obtaining a child care license.
  • SB 17-122“Concerning the Duties of the Fallen Heroes Memorial Commission, and, in Connection Therewith, Repealing the Commission and Shifting all Remaining Responsibilities to the State Capitol Building Advisory Committee,” by Sen. Jack Tate and Reps. Terri Carver & Jessie Danielson. The bill repeals the fallen heroes memorial commission and requires the state capitol building advisory committee to take on any remaining duties of the commission.
  • SB 17-123“Concerning a High School Diploma Endorsement for Biliteracy,” by Sens. Rachel Zenzinger & Kevin Priola and Reps. James Wilson & Millie Hamner. The bill authorizes a school district, BOCES, or institute charter high school to grant a diploma endorsement in biliteracy to a student who demonstrates proficiency in English and at least one foreign language.
  • SB 17-124“Concerning a Correction to the ‘Colorado Uniform Trust Decanting Act’,” by Sens. Beth Martinez Humenik & Dominick Moreno and Reps. Edie Hooten & Dan Nordberg. The bill changes one reference to the second trust to the first trust to conform with the Uniform Law Commission’s corrected version of the Act.
  • SB 17-134“Concerning the Exclusion of Certain Areas of an Alcohol Beverage Licensee’s Operation in the Application of Penalties for Certain Violations,” by Sen. Jack Tate and Reps. Dan Nordberg & Leslie Herod. The bill limits penalties for violations relating to the sale of alcohol beverages to a visibly intoxicated or underage person that occur in a sales room for licensees operating a beer wholesaler, winery, limited winery, or distillery, or in a retail establishment, for licensees operating a brew pub, vintner’s restaurant, or distillery pub.
  • SB 17-194“Concerning an Exception to the Statutory Deadlines for Making Income Tax Refunds for Returns Suspected of Refund-related Fraud,” by Sen. Tim Neville and Rep. Dan Pabon. The bill specifies that if the department of revenue makes a determination, in good faith, that there is a suspicion of identity theft or other refund-related fraud, then the statutory deadlines do not apply.

March 23, 2017

  • HB 17-1015: “Concerning Clarifying the Manner in Which Reductions of Inmates’ Sentences are Administered in County Jails,” by Rep. Edie Hooten and Sen. John Cooke. The bill clarifies and consolidates various statutory sections concerning reductions of sentences for county jail inmates.
  • HB 17-1040: “Concerning Authorizing the Interception of Communication Relating to a Crime of Human Trafficking,” by Reps. Paul Lundeen & Mike Foote and Sens. Cheri Jahn & Kevin Priola. The bill adds human trafficking to the list of crimes for which a judge can issue an order authorizing the interception of certain communications.
  • HB 17-1044“Concerning Autocycles, and, in Connection Therewith, Clarifying that an Autocycle is a Type of Motorcycle and Requiring Autocycle Drivers and Passengers to Use Safety Belts and, if Applicable, Child Safety Restraints,” by Rep. Diane Mitsch Bush and Sen. Nancy Todd. The bill amends the definition of “autocycle” and amends the restraint requirements for autocycles.
  • HB 17-1048“Concerning the Prosecution of Insurance Fraud,” by Rep. Mike Foote and Sen. Jim Smallwood. The bill amends language describing the criminal offense of insurance fraud.
  • HB 17-1065“Concerning a Clarification of Requirements Governing the Formation of Metropolitan Districts, and, in Connection Therewith, Limiting the Inclusion of Agricultural Land Within a Metropolitan District Providing Park and Recreational Services and Clarifying Signature Requirements Governing Judicial Approval of a Petition for Organization of a Proposed Special District,” by Rep. Kimmi Lewis and Sen. Vicki Marble. The bill subjects metropolitan districts to certain limitations regarding parks and recreation and clarifies which signatures can be counted by the district court in determining validity.
  • HB 17-1071“Concerning a Process for Repayment of Certain Criminal Monetary Amounts Ordered by the Court to be Paid Following Conviction,” by Reps. Cole Wist & Pete Lee and Sens. Daniel Kagan & Bob Gardner. The bill establishes a process for a defendant who has paid a monetary amount due for a criminal conviction in a district or county court to request a refund of the amount paid if the conviction was overturned or the restitution award was reversed.
  • HB 17-1092“Concerning Contracts Involving License Royalties with Proprietors of Retail Establishments that Publicly Perform Music,” by Rep. Steve Lebsock and Sen. Jack Tate. The bill expands the law covering contracts between performing rights societies and proprietors of retail establishments to cover investigations and negotiations between the two.
  • HB 17-1133“Concerning the Annual Report on Filing-Office Rules by the Secretary of State,” by Reps. Dan Nordberg & Edie Hooten and Sens. Dominick Moreno & Jack Tate. The bill repeals the requirement that the secretary of state annually report to the governor and legislature regarding filing-office rules promulgated under the “Uniform Commercial Code – Secured Transactions.”
  • HB 17-1136“Concerning Consistent Statutory Language for Electronic Filing of Taxes,” by Rep. Mike Foote and Sen. Bob Gardner. The bill changes the EFT and electronic filing requirements in the taxation statutes for consistency, specifying in all cases that the department may require EFT and electronic filing and that the department may promulgate rules to implement EFT and electronic filing.
  • HB 17-1148“Concerning Applications for Registration to Cultivate Industrial Hemp,” by Rep. Jeni Arndt and Sen. John Cooke. The bill adds a requirement to existing registration requirements that applicants to cultivate industrial hemp for commercial purposes provide the names of each officer, director, member, partner, or owner of 10% or more in the entity applying for registration and any person managing or controlling the entity.
  • HB 17-1157“Concerning Reliance by a Financial Institution on a Certificate of Trust,” by Reps. Tracy Kraft-Tharp & Dan Nordberg and Sen. Kevin Priola. The bill requires trustees to provide additional information in a certificate of trust when trustees open a trust deposit account and permits the bank to rely on the certificate of trust absent knowledge of fraud.
  • SB 17-008“Concerning Legalizing Certain Knives,” by Sen. Owen Hill and Rep. Steve Lebsock. The bill removes gravity knives and switchblades from the definition of illegal weapons.

For a list of the governor’s 2017 legislative decisions, click here.

Bills Correcting Statutory References, Changing Child Welfare Allocations, Implementing State Engineer’s Functions, and More Signed

On Friday, March 17, 2017, the governor signed 21 bills into law. To date, he has signed 63 bills this 2017 legislative session. The bills signed Friday include a bill to update statutory references to people with disabilities, a bill outlining the procedure to correct statutory references in administrative procedural rules, a bill redetermining the child welfare allocation formula, and a bill exempting steroids injected into nonhumans from controlled substances statutes. The bills signed Friday are summarized here.

  • HB 17-1006“Concerning the Authorization of a Process to Correct Statutory Citations Contained in Executive Branch Agency Rules Published in the Code of Colorado Regulations without the Requirement to Follow Rule-Making Procedures,” by Rep. Mike Foote and Sen. Daniel Kagan. The bill allows agencies to correct statutory citations in the code of Colorado regulations without notice, comment, or a hearing by submitting to the secretary of state a specific, written determination by the attorney general.
  • HB 17-1011“Concerning a Limitation on When Certain Disciplinary Actions may be Commenced Against a Mental Health Professional, and, in Connection Therewith, Requiring that a Mental Health Professional Provide Notice to Former Clients Regarding Record Retention and that All Complaints be Resolved by the Agency within Two Years after the Date the Complaint was Filed,” by Rep. Jovan Melton and Sen. Jack Tate. The bill requires that any complaint filed with the division of professions and occupations in the department of regulatory agencies against a mental health professional alleging a maintenance-of-records violation must be commenced within 7 years after the alleged act or failure to act giving rise to the complaint.
  • HB 17-1014“Concerning the Elimination of the Criminal Penalty Imposed Upon an Elector for Disclosing the Contents of the Elector’s Voted Ballot,” by Reps. Paul Rosenthal & Dave Williams and Sens. Kerry Donovan & Owen Hill. The bill deletes the ballot selfie prohibition in the Uniform Election Code provided certain conditions are met.
  • HB 17-1032“Concerning the Evidentiary Privilege for Communications Made During the Provision of Certain Peer Support Services,” by Rep. Jeni Arndt and Sen. John Cooke. The bill clarifies that privileged peer support communications need not be made during individual meetings in order to be confidential.
  • HB 17-1034“Concerning Licensing Changes to the Medical Marijuana Code to Conform with the Retail Marijuana Code,” by Rep. Dan Pabon and Sen. Randy Baumgardner. The bill creates a requirement for a medical marijuana business operator to be licensed, and allows a medical marijuana licensee to move his or her business anywhere in Colorado upon approval of the state and local jurisdiction. The bill also allows a medical marijuana licensee to remediate its product if it contains a foreign substance.
  • HB 17-1046“Concerning Updating Statutory References to Certain Limited Outdated Terms Relating to People with Disabilities,” by Rep. Steve Lebsock and Sen. Kerry Donovan. The bill updates certain limited terms in statute that refer to persons with intellectual and developmental disabilities or physical disabilities using insensitive or outdated terminology.
  • HB 17-1050“Concerning the Annual In-Service Training Required for a County Sheriff,” by Rep. Hugh McKean and Sen. Daniel Kagan. The bill specifies that each sheriff undergo at least the number of hours required for all certified peace officers by the peace officers standards and training board (POST board), but in no case less than 20 hours.
  • HB 17-1052“Concerning Factors to Take Into Consideration in Determining the Child Welfare Allocation Formula in a Given Fiscal Year,” by Rep. Susan Beckman and Sen. Jim Smallwood. The bill removes certain data-gathering factors currently required to be taken into consideration in determining a fiscal year’s child welfare allocation formula for counties and replaces those with a broader scope of factors that directly affect the population of children in need of child welfare services.
  • HB 17-1054“Concerning Partnerships Between Local Governments and Military Installations, and, in Connection Therewith, Identifying Shared-Service Opportunities to Reduce Costs and Increase Efficiencies,” by Reps. Terri Carver & Dan Nordberg and Sen. Nancy Todd. The bill directs the department of local affairs to support cooperative intergovernmental agreements between military installations and local governments to the extent possible.
  • HB 17-1055“Concerning a Voluntary Contribution Designation Benefiting the Urban Peak Housing and Support Services for Youth Experiencing Homelessness Fund that Appears on the State Individual Tax Return Forms,” by Rep. Leslie Herod and Sen. Bob Gardner. The bill creates the Urban Peak Housing and Support Services for Youth Experiencing Homelessness fund in the state treasury and adds a check-off to state tax returns for five years.
  • HB 17-1094“Concerning Modifications to the Requirements for Health Benefit Plans to Cover Health Care Services Delivered via Telehealth,” by Reps. Perry Buck & Donald Valdez and Sens. Kerry Donovan & Larry Crowder. The bill makes several changes to broaden the application of telehealth services.
  • HB 17-1105“Concerning Narrowing the Circumstances in Which Physical Inspection of a Vehicle is Required before Issuing Legal Documentation Identifying the Vehicle,” by Rep. Jon Becker and Sen. Randy Baumgardner. The bill specifies that the department of revenue may not require physical inspection of a vehicle, including a VIN inspection, to verify information about the vehicle before registering or titling the vehicle if certain requirements are met.
  • HB 17-1137“Concerning the Scheduled Repeal of Reports by the Department of Revenue to the General Assembly,” by Reps. Dan Thurlow & Edie Hooton and Sens. Dominick Moreno & Jack Tate. The bill amends reporting requirements of the Department of Revenue.
  • HB 17-1140“Concerning Permitted Uses of Fee-for-Service Contract Money by the Colorado School of Mines,” by Rep. Jessie Danielson and Sen. Tim Neville. In addition to tuition supports, the bill allows Colorado School of Mines to use state fee-for-service contract money to fund  other services and programs, including counseling, academic support, student recruiting, and precollegiate programs.
  • SB 17-026“Concerning Requirements Governing Implementation of the State Engineer’s Functions, and, in Connection Therewith, Restructuring the Fee that the State Engineer may Charge for Rating Certain Types of Water Infrastructure, Repealing Certain Requirements, and Updating Language in the Statutes Regarding the Division of Water Resources,” by Sen. Jerry Sonnenberg and Rep. Jeni Arndt. The bill makes several changes to the state engineer’s functions and fee requirements.
  • SB 17-030“Concerning the Exemption from the Schedules of Controlled Substances any Anabolic Steroid that is Administered through Injection into Nonhuman Species,” by Sen. Randy Baumgardner and Rep. Daneya Esgar. The bill exempts from the definition of ‘anabolic steroid’ human chorionic gonadotropin licensed for animal use only if it is expressly intended for administration through implants or injection into cattle or other nonhuman species.
  • SB 17-034“Concerning Extension of the Period Following the Declaration by the Governor of a Disaster Emergency in a County Within Which the Board of County Commissioners of the County may Transfer County General Fund Money to the County Road and Bridge Fund for the Purposes of Disaster Response and Recovery,” by Sens. Kevin Lundberg & Matt Jones and Reps. Hugh McKean & Mike Foote. The bill extends from 4 years to 8 years the period within which the board of county commissioners of the county may transfer general fund money to the road and bridge fund for disaster response and recovery.
  • SB 17-050“Concerning the Consolidation of Grant Programs Relating to Forest Management,” by Sen. John Cooke and Reps. Jeni Arndt & KC Becker. The bill transfers a forest management grant program from the Department of Natural Resources to the Forest Service, and realigns the funding for the new grant program and the healthy forest and vibrant communities fund.
  • SB 17-056“Concerning the Scheduled Repeal of Reports by the Department of Public Health and Environment to the General Assembly,” by Sen. Andy Kerr and Rep. Jeni Arndt. The bill addresses reporting requirements of the department of public health and environment.
  • SB 17-090“Concerning How to Measure the Level of Delta-9 Tetrahydrocannabinol in Industrial Hemp,” by Sen. Randy Baumgardner and Rep. Diane Mitsch Bush. The bill requires the commissioner of agriculture to determine the level of delta-9 tetrahydrocannabinol in industrial hemp by measuring the combined concentration of delta-9 tetrahydrocannabinol and its precursor, tetrahydrocannabinolic acid.
  • SB 17-127“Concerning an Expansion of the Exemption from the Requirements that Apply to a Mortgage Loan Originator to Include Up to Three Loans Per Year Without Compensation Between Family Members,” by Sen. Jack Tate and Rep. Dan Pabon. The bill expands the mortgage loan originator exemption to include up to 3 loans per year without compensation, other than interest, between family members, and directs the board of mortgage loan originators to define ‘family member’ by rule.

For a list of the governor’s legislative actions, please visit here.

SB 17-090: Requiring Commissioner of Agriculture to Measure THC in Industrial Hemp

On January 18, 2017, Sen. Randy Baumgardner and Rep. Diane Mitsch Bush introduced SB 17-090, “Concerning How to Measure the Level of Delta-9 Tetrahydrocannabinol in Industrial Hemp.”

The bill requires the commissioner of agriculture to determine the level of delta-9 tetrahydrocannabinol in industrial hemp by measuring the combined concentration of delta-9 tetrahydrocannabinol and its precursor tetrahydrocannabinolic acid.

The bill was introduced in the Senate and assigned to the Agriculture, Natural Resources, & Energy Committee. It passed in the committee with amendments and was amended again on Second Reading. It passed Third Reading in the Senate with no further amendments, and was introduced in the House. It was assigned to the House Agriculture, Livestock, & Natural Resources Committee.

HB 17-1148: Expanding Registration Requirements for Industrial Hemp Cultivators

On February 2, 2017, Rep. Jeni Arndt and Sen. John Cooke introduced HB 17-1148, “Concerning Applications for Registration to Cultivate Industrial Hemp.”

Current law requires persons who wish to cultivate industrial hemp to apply to the department of agriculture for a registration. The bill adds a requirement that applicants to cultivate industrial hemp for commercial purposes provide the names of each officer, director, member, partner, or owner of 10% or more in the entity applying for registration and any person managing or controlling the entity. Applicants for a registration may be denied registration for up to 3 years if any individual or entity listed in the application was previously subject to discipline, or the individual or entity was previously listed by an entity that was subject to discipline. When a registration is suspended, revoked, or relinquished, a new application for registration may be denied for up to 3 years after the effective date of discipline.

The bill was introduced in the House and assigned to the Agriculture, Livestock, & Natural Resources Committee. It is scheduled for hearing in committee on February 13, 2017, at 1:30 p.m.

SB 17-025: Establishing a Resource Materials Bank for Marijuana Education

On January 11, 2017, Sens. Randy Baumgardner & Chris Holbert and Rep. Jonathan Singer introduced SB 17-025, “Concerning the Development of Marijuana Education Materials.”

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill directs the department of education:

  • By July 1, 2017, to create and maintain a resource bank for public schools to use without charge that consists of materials and curricula pertaining to marijuana use; and
  • Upon request of a public school, to provide technical assistance in designing age-appropriate curricula on marijuana use.

The bill authorizes resource bank expenses to be paid from the marijuana tax cash fund.

The bill was introduced in the Senate and assigned to the Business, Labor, & Technology Committee.

 

SB 17-017: Allowing Use of Medical Marijuana for Stress Disorders

On January 11, 2017, Sen. Irene Aguilar and Rep. Jonathan Singer introduced SB 17-017, “Concerning Adding Stress Disorders to the List of Debilitating Medical Conditions for the Purposes of the Use of Medical Marijuana.”

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill adds acute stress disorder and post-traumatic stress disorder to the list of debilitating medical conditions for the purposes of the use of medical marijuana.

The bill was introduced in the Senate and assigned to the State, Veterans, & Military Affairs Committee. It is scheduled for hearing on January 30, 2017, at 1:30 p.m.

Colorado Supreme Court: Controlled Substances Act Preempts State Medical Marijuana Redistribution Law

The Colorado Supreme Court issued its opinion in People v. Crouse on Monday, January 23, 2017.

Robert Crouse was arrested by the Colorado Springs Police Department for cultivating and possessing marijuana with the intent to manufacture. He was charged with one felony count of cultivation of more than thirty marijuana plants and one felony count of possession of between five and one hundred pounds of marijuana with intent to distribute. At trial, Crouse asserted that he was a registered medical marijuana patient, and that state law authorized his cultivation and possession of medical marijuana. The jury acquitted him of both charges.

After trial, Crouse requested that the court order the police to return the marijuana plants and marijuana pursuant to article XVIII, § 14(2)(e) of the Colorado Constitution, which provides that “marijuana and paraphernalia seized by state or local law enforcement officials from a patient . . . in connection with the claimed medical use of marijuana shall be returned immediately upon . . . the dismissal of charges, or acquittal.” The People opposed the motion, arguing the provision conflicts with the federal Controlled Substances Act (CSA) and is therefore preempted. The district court ruled in Crouse’s favor and ordered the return of the property.

The People appealed, and the Colorado Court of Appeals affirmed the district court in a split opinion. The court of appeals ruled that returning Crouse’s property would not violate the CSA because the statute expressly provides immunity for officers lawfully engaged in the enforcement of any law relating to controlled substances. The Colorado Supreme Court granted certiorari.

On appeal, the supreme court found that the return provision necessarily required officers to violate the CSA, and therefore it “positively conflicts” with federal law. The supreme court dismissed the court of appeals’ reasoning that the officers were exempted by the language in 21 U.S.C. § 885(d) only if they were “lawfully engaged” in the practice of law enforcement. The court reasoned that because distribution of marijuana is unlawful under the CSA, the exemption would not apply. The court relied on its prior opinion in Coats v. Dish Network, 350 P.3d 849 (Colo. 2015), for the premise that any activity that is unlawful under federal law, though it may be lawful under state law, is unlawful.

The supreme court reversed the court of appeals. Justice Gabriel dissented, joined by Chief Justice Rice and Justice Hood. In his thoughtful dissent, Justice Gabriel opined that the plain language of § 885 immunized the law enforcement officers, and therefore the Colorado Constitution was not preempted by the CSA.

Colorado Supreme Court: Amendment 64 Applies to Sentences for Crimes Being Appealed at Effective Date

The Colorado Supreme Court issued its opinion in People v. Boyd on Tuesday, January 17, 2017.

Amendment 64—Marijuana Legalization—Constitutional Amendment.

The Colorado Supreme Court considered whether Amendment 64 deprived the state of the power to continue to prosecute cases where there was a non-final conviction for possession of less than one ounce of marijuana and where there was a pending right to appeal when Amendment 64 became effective. The court concluded that Amendment 64 nullified the state’s authority to continue to prosecute respondent on appeal because the amendment superseded the underlying statutory authority for the prosecution. The court contemplated United States v. Chambers, 291 U.S. 217 (1934), in which the U.S. Supreme Court held that when a statute is rendered inoperative, no further proceedings can be had to enforce it in pending prosecution. Accordingly, the court affirmed the Colorado Court of Appeals’ judgment reversing respondent’s conviction.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Amendment 64 Deprives State of Power to Prosecute Crimes of Possession of Small Amounts of Marijuana

The Colorado Supreme Court issued its opinion in Russell v. People on Tuesday, January 17, 2017.

Expert Testimony—Amendment 64—Marijuana Legalization—Constitutional Amendment.

The Colorado Supreme Court considered whether a police officer’s testimony that defendant was under the influence of methamphetamine was properly admitted as lay testimony or should have been qualified as expert testimony. Because any error in admitting the officer’s testimony as lay testimony was harmless given the otherwise overwhelming evidence, the court declined to answer whether the trial court erred in admitting the testimony. The court also considered whether Amendment 64 deprived the state of the power to continue to prosecute cases where there was a conviction for possession of less than one ounce of marijuana pending on direct appeal when the amendment became effective. The court concluded that under People v. Boyd, 2017 CO 2, Amendment 64 nullified the state’s authority to continue to prosecute petitioner/cross-respondent during her appeal because Amendment 64 superseded the underlying statutory authority for the prosecution. Accordingly, the court affirmed the Colorado Court of Appeals’ judgment.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Amendment 64 Deprived State of Power to Continue Prosecutions of Small Amount Marijuana Offenses

The Colorado Supreme Court issued its opinion in People v. Wolf on Tuesday, January 17, 2017.

Amendment 64—Marijuana Legalization—Constitutional Amendment.

The Colorado Supreme Court considered whether Amendment 64 deprived the state of the power to continue to prosecute individuals for possession of less than one ounce of marijuana after Amendment 64 became effective. The court concluded that under People v. Boyd, 2017 CO 2, Amendment 64 nullified the state’s authority to continue to prosecute respondent at his jury trial because Amendment 64 superseded the underlying statutory authority for the prosecution. Accordingly, the court affirmed the Colorado Court of Appeals’ judgment vacating respondent’s conviction and sentence.

Summary provided courtesy of The Colorado Lawyer.

Top Ten Programs and Homestudies of 2016: The Best of the Rest

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

Today on Legal Connection we are featuring the Best of the Rest: the top programs and homestudies in the areas of law not previously covered, including construction law, disability law, agricultural law, water law, natural resources law, immigration law, and marijuana law. Although these practice areas are varied, the homestudies and programs featured below are top-notch. For practitioners in these areas of law, visit cle.cobar.org/Practice-Area to find more programs and homestudies in your area of practice, and visit cle.cobar.org/Books to search our selection of books.

Construction Law — Residential Construction Defect Law 2016: Intermediate to Advanced Class
The program will highlight significant construction defect liability, damages and insurance developments occurring over the past two years and described in the Fifth Edition of Residential Construction Law in Colorado (CLE in Colo., 2015) written by Ronald M. Sandgrund, Scott F. Sullan and Leslie A. Tuft. A copy of the book is included as part of the course materials. No written materials other than a list of cases and statutes discussed will be supplied. This program is an advance program and is not intended to provide a general overview of construction defect law or practice. Each Homestudy includes a PDF copy of the CLE book, Residential Construction Law in Colorado, 5th Edition. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

Immigration Law — Immigration Law 2016
Attend this program and you will receive practical training for representing individuals in immigration proceedings, including juveniles and survivors seeking asylum and other humanitarian relief. Topics covered include: Immigration Law 101, Special Immigrant Juvenile Status, U Visas, T Visas, and VAWA, Cancellation of Removal and Trial Advocacy Skills in Immigration Court, Asylum Law, and Model Asylum Hearing. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

Water Law — Water Law 101 in 2016
This is the eighth in a series of courses related to Colorado water law and administration. This particular course will introduce you to the basic legal framework governing Colorado water law, rights, and administration as of 2016. You will become familiar with court cases, matters and issues critical to your understanding of water and water law in Colorado. You will learn about Colorado’s different types of water rights, how they are administered, the role of the State and Division Engineers, and what is required for changes of water rights. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

Environmental Law — Colorado’s Future Energy Economy: Legal Landscape
Attend this program and hear perspectives of officials and leaders at national and state and federal government levels on the direction of Colorado’s energy industry. Plus, gain invaluable insights on such from environmentalists, the energy industry, academia, and private firm practitioners. Take advantage of this unique opportunity to learn about the latest developments in the legal landscape behind Colorado’s energy and natural resources industries. Attend this program and personally unravel the issues with the experts. AND, at the same time, you will sharpen your practice skills and expand your knowledge to better serve your clients! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

Natural Resources Law — Oil, Gas, and Mining: Current Legal Issues
This Oil, Gas and Mining Law program is the one to attend to get up to speed on energy issues currently affecting Colorado and the West. You will leave this seminar with a better understanding of the latest regarding pertinent litigation, regulations and solutions for quieting title, financing, and distressed companies. Taught by experts, this program will provide you with an opportunity to network with colleagues and experts, and to catch up on hot topics in the energy law arena. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 9 general credits, including 1 ethics credit.

Disability Law — Social Security Disability: Advanced Practice
Your distinguished panel of Judges, ODAR and Colorado Disability Determination Services Officials, a vocational expert, and seasoned private firm SSDI practitioners will provide you with the latest information on: Changes, Statistics, and Findings of the Colorado Disability Determination Services Office, What’s Happening in Region 8 and at Headquarters – Office of Disability Adjudication and Review?, State of the Denver Regional Office of Disability Adjudication and Review, Attorney Fee Agreements and Fee Petitions, How-to’s of Vocational Expert Examination, Perspectives of the Appeals Council, Appeals Council and Federal District Court Arguments, Case Law and Rulings, and How to File in Federal Court and Win! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits.

Agricultural Law — Rural Land Transactions: Contract Issues
Whether you represent the buyer or seller of ranch land, cattle, timber or recreational ranches, farms or other rural lands, this program is for you! Attend and your faculty of seasoned real estate attorneys and brokers will guide you through the nuances of rural land transactions, and help you avoid mistakes and potential pitfalls. You will receive straightforward guidance on Buyer Entity Pros and Cons, Federal Grazing Permits, Water, Mineral and Wind Rights, Growing Crops, and much more. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits.

Marijuana Law — Enforcing Cannabis Contracts, Including the Use of Arbitration in the Cannabis Industry
A key fear in the cannabis industry is the extent to which cannabis-related contracts are enforceable. This goes beyond contracts for the sale of cannabis itself and may include any number of legal instruments that touch a cannabis business. Although a number of recent court decisions in the Colorado state and federal courts indicate a trend toward the enforcement of cannabis-related contracts, and these cases will be discussed, many doubts remain regarding the enforceability of cannabis-related contracts. Arbitration provides a unique forum for the resolution of cannabis-related disputes that may provide greater legal certainty and enforceability. This CLE presentation covers the nuts and bolts of arbitration law relevant to the enforcement of purportedly illegal contracts, and goes beyond to identify techniques counsel should consider when drafting arbitration clauses for cannabis businesses and their partners. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.