May 24, 2013

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Probate Omnibus Bill, Employee Privacy, HOA Bills Signed by Governor Hickenlooper

May 14, 2013 by Leave a Comment

Although the Colorado General Assembly adjourned sine die on May 8, 2013, bills continue to be signed into law by Governor Hickenlooper. To date, the governor has signed 231 bills. Some of the most recently signed bills are summarized below.

On Thursday, May 7, Governor Hickenlooper signed one bill — HB 13-1117 - Concerning Alignment of Child Development Programs, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Millie Hamner and Sens. Mary Hodge and Andy Kerr. The bill consolidates several child development programs in the Department of Human Services and extends  the Early Childhood Leadership Council, which was set to sunset on July 1, 2013.

Governor Hickenlooper signed 18 bills into law on Friday, May 10, 2013. Six of them are summarized here.

On Saturday, May 11, 2013, the governor signed 19 bills into law. Five of them are summarized here.

Finally, on Monday, May 13, 2013, Governor Hickenlooper signed 11 bills into law. Four of them are summarized here.

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

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HB 13-1325: Establishing THC Blood Levels for Purposes of DUI Law

May 9, 2013 by Leave a Comment

On May 2, 2013, Rep. Rhonda Fields introduced HB 13-1325 - Concerning Penalties for Persons who Drive While Under the Influence of Alcohol or Drugs, and, in Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In any DUI prosecution, if at the time of driving or within a reasonable time thereafter, the driver’s blood contains five nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant’s blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs.

Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant’s blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. The bill removes this presumption and states instead that such fact gives rise to a permissible inference that the defendant was under the influence of alcohol.

The bill removes instances of the term “habitual user” from the traffic code.

The bill was introduced on May 2 and approved, with amendments, by the Judiciary Committee on that same day. On May 3, the Appropriations Committee approved the bill and sent it to the full House for consideration on 2nd Reading. 2nd Reading is scheduled for Monday, May 6.

Since this summary, the bill made it through Second Reading unamended and passed Third Reading in the Senate.

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Bills Regarding Job Protection, Authorization for Foreign Investments, Electric Vehicle Charging Stations, and More Signed by Governor Hickenlooper

May 7, 2013 by Leave a Comment

As the 2013 legislative session winds down, bills continue to reach Governor Hickenlooper’s desk for review and signature. Since January 31, 2013, the governor has signed 169 bills.

Governor Hickenlooper signed the “Job Protection and Civil Rights Enforcement Act,” HB 13-1136, on Monday, May 6, 2013. HB 13-1136 - Concerning the Creation of Remedies in Employment Discrimination Cases Brought Under State Law, by Reps. Claire Levy and Joe Salazar and Sens. Morgan Carroll and Lucia Guzman, establishes provisions for complaining parties who have exhausted administrative remedies to bring actions in state court. It also allows claims to be brought by employees of companies with fewer than 15 employees, which are exempt under Federal anti-discrimination provisions.

On May 5, the governor signed one bill, SB 13-176 - Concerning Authorization for the State Treasurer to Invest State Moneys in Debt Obligations Backed By the Full Faith and Credit of the State of Israel. This bill was sponsored by Sens. Mark Scheffel and Morgan Carroll and Reps. Justin Everett and Angela Williams, and it authorizes the state treasurer to invest state moneys in Israeli bonds.

The governor signed 10 bills on Friday, May 3, 2013. Three of the ten bills signed are summarized here.

  • SB 13-126 - Concerning the Removal of Unreasonable Restrictions on the Ability of the Owner of an Electric Vehicle to Access Charging Facilities, by Sen. Lucia Guzman and Rep. Crisanta Duran. The bill requires landlords and common interest communities to allow unit owners to install electric vehicle charging stations on their own property.
  • HB 13-1167 - Concerning the Collection of Business Information by the Secretary of State, by Reps. Brittany Pettersen and Crisanta Duran and Sen. Larry Crowder. The bill requires the Secretary of State to request certain demographic information from business owners, which will be available to the public on the Secretary of State website. The demographic information includes gender, race, veteran status, disability status, and NAICS code, and submission of the information is voluntary.
  • HB 13-1222 - Concerning the Expansion of the Group of Family Members for whom Colorado Employees are Entitled to Take Leave from Work under the “Family and Medical Leave Act of 1993″, by Rep. Cherylin Peniston and Sen. Jessie Ulibarri. The bill allows employees to take leave under FMLA to care for their partners in civil unions.

On April 29, 2013, the governor signed six bills. These included the long appropriations bill, three Joint Budget Committee bills regarding the General Fund, and a bill to allow students who complete high school in Colorado to qualify for in-state tuition classification (SB 13-033 – Concerning In-State Classification at Institutions of Higher Education for Students who Complete High School in Colorado, by Sens. Angela Giron and Mike Johnston and Reps. Crisanta Duran and Angela Williams.) Governor Hickenlooper also signed the budget bill, SB 13-230, on April 29.

On April 26, 2013, Governor Hickenlooper signed 16 bills. Five of these are summarized here.

  • HB 13-1025 - Concerning an Increase in the Amount of the Authorized Deductible for Workers’ Compensation Insurance Policies, by Rep. Spencer Swalm and Sen. Cheri Jahn. The bill increases the allowable deductible for employers’ workers’ compensation insurance policies.
  • HB 13-1123 - Concerning the Right of a Person to Waive Confidentiality Requirements Protecting Personal Work Information Obtained by the Department of Labor and Employment for Unemployment Benefit Claims to Permit the Department to Forward Certain Information to Potential Employers, by Rep. Tony Exum and Sen. Jim Kerr. The bill allows the Department of Labor and Employment to offer job seekers the opportunity to waive confidentiality so that their personal information may be made available to bona fide employers seeking employees.
  • HB 13-1258 - Concerning Local Government Involvement with Federal Immigration Issues, by Rep. Joe Salazar and Sens. Irene Aguilar and Morgan Carroll. The bill repeals C.R.S. Title 29, Article 29, which required local law enforcement officers to report any suspected illegal immigrants to federal immigration officials.
  • SB 13-048 - Concerning the Use of Highway User Tax Fund Moneys Allocated to Local Governments for Multimodal Transportation Infrastructure, by Sen. Nancy Todd and Reps. Max Tyler and Jeanne Labuda. The bill allows counties and municipalities to spend moneys received from the Highway User Tax Fund on transit-related projects.
  • SB 13-070 - Concerning the Purchase of Vehicles that Operate on Alternative Fuels for the State Motor Vehicle Fleet System, by Sen. Gail Schwartz and Reps. Ray Scott and Max Tyler. The bill requires the Department of Personnel and Administration to report on the number of alternative fuel vehicles purchased, the use of alternative fuel, and a plan to develop the infrastructure necessary to utilize more alternative fuel vehicles.

For a complete list of legislation signed into law by the governor in 2013, click here.

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HB 13-1289: Allowing Electronic Transmission of Motor Vehicle Titling and Lien Information

April 24, 2013 by Leave a Comment

On April 2, 2013, Rep. Dominick Moreno and Sen. Cheri Jahn introduced HB 12-1289 - Concerning Authority for the Electronic Transmission of Information Relating to Motor Vehicles. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

As amended in the House, the bill provides authority to the department of revenue to establish a system to allow the electronic registration and titling of motor vehicles and electronic transmission of motor vehicle lien information. The title certificate is considered to be held by the mortgage or lien holder when an electronic mortgage or lien is used. A copy of the electronic mortgage or lien is admissible as evidence in judicial or administrative proceedings. The department is authorized to accept gifts, grants, or donations into the electronic motor vehicle registration cash fund but may not accept them from a vendor who responds to a request for proposal from the department concerning the new system for electronic registration and titling of motor vehicles.

On April 17 the House passed the bill on 3rd and final reading; it has been assigned to the Transportation Committee in the Senate.

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HB 13-1240: Imposing Strict Penalties for “Persistent Drunk Drivers”

April 4, 2013 by Leave a Comment

On February 25, 2013, Rep. Dave Young introduced HB 13-1240 - Concerning Penalties for Persistent Drunk Drivers. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In current law, the definition of “persistent drunk driver” includes a person who drives a motor vehicle with a BAC of 0.17 or more. The bill lowers this threshold to 0.15 or more. The bill also amends the definition of “persistent drunk driver” to include a person who refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by law.

In current law, if a person is designated a persistent drunk driver, the state department of revenue (department) requires the person to complete a level II alcohol and drug education and treatment program.

Under the bill, the department shall also require the person to hold a restricted license requiring the use of an ignition interlock device upon the restoration of his or her driving privileges.

In current law, a person whose privilege to drive was revoked for one year or more because of a second or subsequent DUI, DUI per se, or DWAI conviction; for excess blood alcohol content (BAC); or for refusal may apply for an early reinstatement with an interlock-restricted license after the person’s privilege to drive has been revoked for one year. The bill reduces this one-year waiting period to one month for persons 21 years of age or older at the time of the offense; except that, for a person 21 years of age or older at the time of the offense whose privilege to drive was revoked because of a refusal, the waiting period is reduced to two months.

The bill amends the purposes of the first time drunk driving offender account in the highway users tax fund to include appropriations to the department to pay:

  • A portion of the costs for an ignition interlock device for a persistent drunk driver who is unable to pay the costs of the device and who installs the ignition interlock device on his or her vehicle on or after Jan. 1, 2014; and
  • The department’s costs associated with the implementation of the bill.

In current law, with certain exceptions, a license revocation must run consecutively and not concurrently with any other revocation. The bill provides that, for an offense committed on or after Jan. 1, 2014, with certain exceptions, a license revocation can run concurrently with any other revocation.

In current law, if a license is revoked for refusal, the revocation may not run concurrently, in whole or in part, with any previous or subsequent suspensions, revocations, or denials that may be provided for by law. The bill provides that, for a refusal committed on or after Jan. 1, 2014, with certain exceptions, a license revocation can run concurrently with any other revocation.

On March 27 the Transportation & Energy Committee amended the bill and sent it to the Appropriations Committee for consideration of the fiscal impact to the state.

 

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Colorado Supreme Court: Summary Judgment Affirmed Where Action Not Filed Within Statutory Limitations Period

March 5, 2013 by Leave a Comment

The Colorado Supreme Court issued its opinion in Pham v. State Farm Auto Insurance Co. on Monday, March 4, 2013.

Statute of Limitations—Uninsured/Underinsured Motorist Claims—CRS § 13-80-107.5.

Steven Pham, representing the estate of the driver of a car involved in a traffic accident, as well as the deceased driver’s parents and the five passengers in his car at the time, sought review of the court of appeals’ judgment. The court of appeals affirmed a summary judgment in favor of State Farm Automobile Insurance Company on the ground that plaintiffs’ claims were barred by the statute of limitations governing underinsured motorist claims, found at CRS § 13-80-107.5(1)(b).

The Supreme Court affirmed. The Court held that plaintiffs failed to file this action or demand arbitration of their underinsured motorist claims within either three years of the accrual of their cause of action or within two years after receiving payment of a settlement or judgment on an underlying bodily injury liability claim that had been preserved as prescribed by the statute.

Summary and full case available here.

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HB 13-1114: Establishing Limits for Driving Under the Influence of Marijuana

February 28, 2013 by Leave a Comment

On January 18, 2013, Rep. Mark Waller introduced HB 13-1114 - Concerning Penalties for Persons who Drive while under the Influence of Alcohol or Drugs. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In any DUI prosecution, if at the time of driving or within a reasonable time thereafter, the driver’s blood contains five or more nanograms of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant’s blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs.

Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant’s blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. The bill removes this presumption and states instead that such fact gives rise to a permissible inference that the defendant was under the influence of alcohol.

The bill removes instances of the term “habitual user” from the traffic code. The bill is assigned to the Judiciary Committee.

Since this summary, the Judiciary Committee amended the bill and sent it to Appropriations.

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SB 13-126: Requiring Unit Owners’ Associations to Allow Tenants or Unit Owners to Install Vehicle Charging Stations

February 24, 2013 by Leave a Comment

On Tuesday, January 29, 2013, Sen. Lucia Guzman introduced SB 13-126 – Concerning the Removal of Unreasonable Restrictions on the Ability of the Owner of an Electric Vehicle to Access Charging Facilities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

As introduced, the bill prohibits a landlord or the unit owners’ association of a condominium or common interest community, respectively, from restricting the right of a tenant or unit owner to install an electric vehicle charging system for his or her own use, at the tenant’s or unit owner’s expense, and subject to reasonable safety and insurance requirements.

The bill allows grants to be made from the electric vehicle grant fund to apartment owners, condominiums, and common interest communities to install recharging stations for electric vehicles. On Friday, February 15 the amended bill passed 2nd Reading in the Senate.

Since this summary, the bill passed Third Reading in the Senate and was introduced in the House and assigned to the Transportation and Energy Committee.

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HB 13-1071: Allowing a Vehicle That Is at Least 32 Years Old To Be a Collector’s Vehicle

February 21, 2013 by Leave a Comment

On January 11, 2013, Rep. Chris Holbert and Sen. Lois Tochtrop introduced HB 13-1071 - Concerning the Type of Vehicle that Qualifies to Register as a Collector Vehicle. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, a motor vehicle qualifies to be registered as a collector’s item if it is of model year 1975 or older or has been grandfathered in. The bill includes vehicles that are 32 years old, but if the vehicle is being registered where an emissions test is required, then the vehicle must pass an emissions test. On February 7, the Finance Committee approved the bill and sent it to the Appropriations Committee.

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SB 13-068: Reducing the Fee for Late Registration of a Motor Vehicle

February 14, 2013 by Leave a Comment

On Wednesday, January 16, 2013, Sen. Randy Baumgardner introduced SB 13-068 – Concerning Modification of the Fee for Late Registration of a Vehicle. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Effective July 1, 2013, the bill changes the fee for late registration of a vehicle from a fee of $25 per month to a flat fee of $20 and repeals an exemption from the late fee for a vehicle that has expired temporary registration number plates, tags, or certificates. Assigned to the Transportation Committee; the bill is set for committee review on Tuesday, Feb. 12 at 1:30 p.m.

Since this summary, the bill was postponed indefinitely in the Transportation Committee.

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SB 13-061: Amending Requirements for Emissions Inspections when Registering a Motor Vehicle

February 14, 2013 by Leave a Comment

On Wednesday, January 16, 2013, Sen. Scott Renfroe introduced SB 13-061 – Concerning Motor Vehicle Emissions Inspections. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, a motor vehicle that is being registered in the emissions program area for the first time is exempt from the requirement to get an emissions control inspection if the motor vehicle is in its fourth model year or newer. The bill extends the exemption period from 4 years to 10, and expands its coverage to previously-registered motor vehicles that have never failed an emissions control inspection. Also, it extends the exemption period for government-owned and dealer-owned vehicles to 10 years. Finally, the bill creates a senior citizen hardship exemption whereby a senior citizen may register one motor vehicle without obtaining an emissions control inspection. Assigned to the Transportation Committee and is set for committee review on Thursday, Feb. 14 upon morning adjournment.

Since this summary, the bill was postponed indefinitely by the Transportation Committee.

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SB 13-058: Waiving Requirement to Reverify Disibility Every Three Years when Renewing License Plate Authorizing Parking Privileges for a Person with a Permanent Disability

February 13, 2013 by Leave a Comment

On Wednesday, January 16, 2013, Sen. Kevin Grantham introduced SB 13-058 – Concerning the Verification Requirement for Parking Privileges for Persons with a Permanent Disability. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law requires a person with a disability who obtains a license plate authorizing parking privileges from the department of revenue to verify the disability every three years when renewing the license plate. For a person with a permanent disability, the bill waives the requirement to verify the disability every three years. On Feb. 7, the Transportation Committee amended the bill and sent it to the Senate for
consideration on 2nd Reading.

Since this summary, the bill passed 2nd Reading with amendments and passed a 3rd Reading in the Senate.

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