June 24, 2017

Tenth Circuit: Drug Dog Search Illegal Where Warning Given for Speeding and Consent to Search Refused

The Tenth Circuit Court of Appeals issued its opinion in United States v. Lopez on February 27, 2017.

On June 21, 2013, Angela Lopez was driving eastbound in Kansas. Kansas Highway Patrol Trooper Robert Krause pulled the vehicle over for going 79 milers per hour in a 65-mile-per-hour zone. Adrienne Lopez was in the passenger seat. Throughout the encounter, Adrienne, rather than Angela, did almost all of the talking, which Krause said could be a sign of nervousness. Krause asked Angela for her license, insurance, and car-rental paperwork. Krause then looked in the back seat of the car. Upon doing so, Adrienne said, “Don’t look back there, it’s a mess.” Krause asked about their travel plans. Adrienne told him that they were going from California and headed to “Kansas City or Nebraska” to rescue her sister “because she was getting beat up by her boyfriend.” Angela provided Krause a receipt from the California Department of Motor Vehicles that was issued to her when she reported losing her license, rather than her actual license.

Krause asked both occupants if they had drugs in the car, to which both replied no. Krause relayed Angela’s information to the dispatcher and learned that she had a valid driver’s license and no criminal history. Krause warned Angela for speeding and turned to walk away. He immediately turned back and asked Angela if she would answer a few more questions, which she consented to. Krause asked where they were heading. Adrienne answered that she did not know the exact city because her phone did not have reception.

Krause then asked the Defendants if he could search the vehicle. They refused. Krause then detained them until a drug dog could be brought to the vehicle, which took about twenty minutes. The dog alerted Krause to the front seat where Adrienne’s purse was located. Adrienne admitted having some marijuana in her purse, which Krause found and then searched the rest of the car. He found four packages in a cooler in the back seat of methamphetamine. The packages totaled 1,766 grams of methamphetamine.

The United States District Court for the District of Kansas denied Defendants’ motions to suppress the evidence of methamphetamine found in the car. The two were convicted of possessing more than 500 grams of methamphetamine with intent to distribute, and of conspiracy to do the same. The Defendants appealed.

The Tenth Circuit first established that a traffic stop must be justified at its inception and that the officer’s actions during the stop must be reasonably related in scope to the circumstances that initially justified it. A stop may be extended beyond that scope if the person stopped consents to the extension or if the police have a reasonable suspicion that other illegal activity has occurred or is occurring.

Here, the Defendants did not consent to the extension of the stop by Krause beyond its initial purpose. Therefore, the Tenth Circuit addressed whether Krause had reasonable suspicion that the Defendants were engaged in criminal activity, which the government bears the burden of proving.

The government put forth three suspicious factors that justified detention: (1) Adrienne was nervous; (2) Adrienne asked Krause not to look at the backseat because it was messy, even though it was not; and (3) Defendant’s travel plans were implausible.

The Tenth Circuit first addressed Adrienne’s nervousness. It stated that it consistently assigns that factor limited significance because innocent people can be nervous in wide varieties. In order to contribute to reasonable suspicion, the Tenth Circuit held that there must be extreme nervousness, which the district court did not find, and Krause did not so testify.

Next, the Tenth Circuit held that Adrienne’s comments about the backseat gave little support for reasonable suspicion. It stated that in hindsight, the comments seemed revealing. But at the time, there was nothing incriminating in view on the backseat. Further, nothing stopped Krause from taking a closer look through the back window.

Finally, the Tenth Circuit addressed the government’s argument that the Defendants’ travel plans were implausible. The government pointed to the fact that the two only rented the car for two days, which was not enough time to drive to their destination and return. The Tenth Circuit held that the travel plans might have been overly ambitions, but they could reasonably have been done. First, the Tenth Circuit pointed to the fact that they were driving through the night, which was why two drivers were necessary. Next, because they were rescuing Adrienne’s sister from an abusive boyfriend, it was reasonable to assume they would not stay at the destination very long. Finally, because it was understandable that the sister needed to move to protect herself from her abusive boyfriend, it was reasonable that the Defendants did not need a more precise location until they were closer to the destination. Further, the Tenth Circuit stated that it has generally been reluctant to give weight to the reasonable-suspicion analysis to unusual travel purposes, except in extreme cases.

The Tenth Circuit held that the circumstances did not suffice to justify the continued detention of the Defendants. Therefore, the Tenth Circuit held that the evidence seized from the car must be suppressed.

The Tenth Circuit then quickly dispatched with the governments two remaining arguments. First, the government argued that the evidence was admissible against Adrienne because the discovery of the drugs was not the fruit of her unlawful detention. The Tenth Circuit held that because Krause seized the marijuana from Adrienne’s purse, and the detention of Adrienne’s personal property led to the search of the car and discovery of the methamphetamine, Adrienne did have standing to challenge the admission into evidence of the drugs.

Second, the government argued that the detention was lawful as to Angela because there was probable cause to arrest her for driving while not in possession of her driver’s license. The Tenth Circuit held that there was no probable cause to arrest Angela. First, the documents Angela gave Krause would likely be a “driver’s license” under the Kansas statute. Further, even if not a “driver’s license,” Krause learned from the dispatcher that she had a valid driver’s license in California, and therefore had enough information to know that she could not be convicted for the offense under the statute. The Tenth Circuit held that an officer does not have probable cause to arrest a person for a crime he know she could not be convicted of.

In sum, the Tenth Circuit reversed the Defendants’ convictions and remanded to the district court for proceedings consistent with its opinion.

Bills Signed Adding Water Right for Industrial Hemp, Amending Collections of Delinquent Taxes on Mobile Homes, Changing Election Laws, and More Signed

Though the legislative session is over, the governor continues to sign bills. He signed two bills on Friday, May 19; three bills on Saturday, May 20; three bills on Sunday, May 21; six bills on Monday, May 22; six bills on Tuesday, May 23; four bills on Wednesday, May 24; 28 bills on Thursday, May 25; one bill on Friday, May 26; and one bill on Tuesday, May 30. To date, the governor has signed 285 bills and vetoed one bill this legislative session. The bills signed since May 19 are summarized here.

Friday, May 19, 2017

  • HB 17-1354“Concerning the Collection of Delinquent Taxes on Certain Mobile Homes,” by Rep. KC Becker and Sens. John Kefalas & Kevin Priola. The bill modifies the county treasurer’s duties in connection with the collection of delinquent taxes on mobile or manufactured homes that are not affixed to the ground.
  • SB 17-305“Concerning Modifications to Select Statutory Provisions Affecting Primary Elections Enacted by Voters at the 2016 Statewide General Election to Facilitate the Effective Implementation of the State’s Election Laws, and, in Connection Therewith, Making an Appropriation,” by Sens. Stephen Fenberg & Kevin Lundberg and Reps. Patrick Neville & Mike Foote.

Saturday, May 20, 2017

  • HB 17-1113“Concerning Electronic Participation in Committee Meetings During the Legislative Interim,” by Reps. Yeulin Willett & Jeni Arndt and Sen. Ray Scott. The bill gives the executive committee of the legislative council the ability to consider, recommend, and establish policies regarding electronic participation by senators or representatives in committee meetings during the legislative interim.
  • HB 17-1258“Concerning Renaming Delta-Montrose Technical College to Technical College of the Rockies,” by Reps. Millie Hamner & Yeulin Willett and Sens. Kerry Donovan & Don Coram. The bill changes the name of ‘Delta-Montrose Technical College’ to ‘Technical College of the Rockies’.
  • SB 17-280“Concerning Extending the Repeal Date of the Colorado Economic Development Commission, and, in Connection Therewith, Making an Appropriation,” by Sen. Jack Tate and Reps. Dan Thurlow & Tracy Kraft-Tharp. The bill extends the Colorado economic development commission by changing the repeal date of its organic statute to July 1, 2025.

Sunday, May 21, 2017

  • HB 17-1003“Concerning a Strategic Action Plan to Address Teacher Shortages in Colorado,” by Rep. Barbara McLaughlin and Sen. Don Coram. The bill requires the Department of Higher Education in partnership with the Department of Education to examine recruitment, preparation, and retention of teachers and to prepare a strategic plan to address teacher shortages in school districts and public schools within the state.
  • HB 17-1077“Concerning the Useful Public Service Cash Fund,” by Rep. Donald Valdez and Sen. Don Coram. The bill creates the useful public service cash fund in the judicial branch to facilitate the administration of programs that supervise the performance of useful public service by persons who are required to perform such service pursuant to a criminal sentence.
  • SB 17-117“Concerning Confirmation that Industrial Hemp is a Recognized Agricultural Product for Which a Person with a Water Right Decreed for Agricultural Use may Use the Water Subject to the Water Right for Industrial Hemp Cultivation,” by Sen. Don Coram and Reps. Donald Valdez & Marc Catlin. The bill confirms that a person with an absolute or conditional water right decreed for agricultural use may use the water subject to the water right for the growth or cultivation of industrial hemp if the person is registered by the Department of Agriculture to grow industrial hemp for commercial or research and development purposes.

Monday, May 22, 2017

  • HB 17-1104“Concerning the Exclusion from State Taxable Income of the Monetary Value of any Medal Won by an Athlete while Competing for the United States of America at the Olympic Games, so long as the Athlete’s Federal Adjusted Gross Income does not Exceed a Specified Amount,” by Rep. Clarice Navarro and Sen. Kevin Priola. The bill specifies that for the purpose of determining the state income tax liability of an individual, income earned as a direct result of winning a medal while competing for the United States of America at the olympic games is excluded from state taxable income.
  • HB 17-1283“Concerning the Creation of a Task Force to Examine Workforce Resiliency in the Child Welfare System,” by Reps. Jonathan Singer & Dan Nordberg and Sens. John Cooke & Leroy Garcia. The bill creates a task force to organize county-level versions of and guidelines for child welfare caseworker resiliency programs modeled on national resiliency programs.
  • HB 17-1289“Concerning a Requirement that the State Engineer Promulgate Rules that Establish an Optional Streamlined Approach to Calculate the Historical Consumptive Use of a Water Right,” by Reps. Donald Valdez & Chris Hansen and Sens. Larry Crowder & Don Coram. The bill directs the state engineer to promulgate rules that take into account local conditions that an applicant can use to calculate historical consumptive use.
  • SB 17-074“Concerning the Creation of a Pilot Program in Certain Areas of the State Experiencing High Levels of Opioid Addiction to Award Grants to Increase Access to Addiction Treatment, and, in Connection Therewith, Making an Appropriation,” by Sen. Leroy Garcia and Rep. Daneya Esgar. The bill reates the medication-assisted treatment (MAT) expansion pilot program, administered by the University of Colorado College of Nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties.
  • SB 17-105“Concerning Consumers’ Right to Know their Electric Utility charges by requiring investor-owned electric utilities to provide their customers with a comprehensive breakdown of cost on their monthly bills,” by Sen. Leroy Garcia and Reps. Daneya Esgar & KC Becker. The bill requires an investor-owned electric utility to file with the public utilities commission for the commission’s review a comprehensive billing format that the investor-owned electric utility has developed for its monthly billing of customers.
  • SB 17-153“Concerning Establishment of the Southwest Chief and Front Range Passenger Rail Commission to Oversee the Preservation and Expansion of Amtrak Southwest Chief Rail Service in Colorado and Facilitate the Development and Operation of a Front Range Passenger Rail System that Provides Passenger Rail Service In and Along the Interstate 25 Corridor,” by Sens. Larry Crowder & Leroy Garcia and Rep. Daneya Esgar. The bill replaces the existing southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance commission, the current statutory authorization for which expires on July 1, 2017, with an expanded southwest chief and front range passenger rail commission.

Tuesday, May 23, 2017

  • HB 17-1248“Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making Appropriations,” by Rep. Jeni Arndt and Sens. John Cooke & Jerry Sonnenberg. The bill appropriates the following amounts from the Colorado Water Conservation Board construction fund to the CWCB or the Division of Water Resources for certain projects.
  • HB 17-1279“Concerning the Requirement that a Unit Owners’ Association Obtain Approval Through a Vote of Unit Owners Before Filing a Construction Defect Action,” by Reps. Alec Garnett & Lori Saine and Sens. Lucia Guzman & Jack Tate. The bill requires that, before the executive board of a unit owners’ association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must notify the unit owners, call a meeting of the executive board, and obtain approval of a majority of unit owners.
  • HB 17-1280“Concerning Conforming Colorado Statutory Language Related to Disability Trusts to the Federal ’21st Century Cures Act’,” by Reps. Dafna Michaelson Jenet & Dave Young and Sen. Bob Gardner. The bill conforms Colorado statutory language relating to the creation of a disability trust to conform to the language established in the federal ’21st Century Cures Act’. Specifically, it clarifies that the individual who is the beneficiary of a disability trust can also be the person who establishes such trust.
  • HB 17-1353“Concerning Implementing Medicaid Initiatives that Create Higher Value in the Medicaid Program Leading to Better Health Outcomes for Medicaid Clients, and, in Connection Therewith, Continuing the Implementation of the Accountable Care Collaborative and Authorizing Performance-based Provider Payments,” by Rep. Dave Young and Sen. Kevin Lundberg. The bill authorizes the Department of Health Care Policy and Financing to continue its implementation of the medicaid care delivery system, referred to as the accountable care collaborative (ACC).
  • SB 17-209“Concerning Access to the Ballot by Candidates,” by Sen. Kevin Priola and Rep. Mike Weissman. The bill makes various changes to the laws governing access to the ballot.
  • SB 17-232“Concerning Continuation under the Sunset Law of the Bingo-Raffle Advisory Board, and, in Connection Therewith, Implementing the Recommendations of the 2016 Sunset Report of the Department of Regulatory Agencies,” by Sen. Stephen Fenberg and Rep. Paul Rosenthal. The bill The bill implements the recommendations of the sunset review and report on the licensing of bingo and other games of chance through the Secretary of State.

Wednesday, May 24, 2017

  • HB 17-1155“Concerning the Ability to Cure Campaign Finance Reporting Deficiencies Without Penalty,” by Rep. Dan Thurlow and Sen. Bob Gardner. The bill requires the Secretary of State to give notice to the particular committee by e-mail of deficiencies alleged in a complaint pursuant to the campaign finance provisions of the state constitution or the ‘Fair Campaign Practices Act’ (FCPA).
  • HB 17-1317“Concerning the Authority of the State Historical Society to Dispose of Real Property Located on the Former Lowry Air Force Base,” by Reps. Daneya Esgar & Chris Hansen and Sens. John Kefalas & Randy Baumgardner. The bill grants the state historical society the authority to sell a vacant cold storage facility located on the former Lowry Air Force base.
  • HB 17-1342“Concerning Authorization for a County to Submit a Ballot Question for a County Public Safety Improvements Tax at a Biennial County or November Odd-year Election,” by Rep. Adrienne Benavidez and Sen. Larry Crowder. The bill authorizes a county to submit a ballot question at a biennial county election or an election held in November of an odd-numbered year.
  • HB 17-1356“Concerning the Temporary Authority of the Colorado Economic Development Commission to Allow Certain Businesses to Treat Specific Existing Income Tax Credits Differently,” by Reps. Crisanta Duran & Daneya Esgar and Sens. Leroy Garcia & Jack Tate. The bill allows the Colorado economic development commission to allow certain businesses that make a strategic capital investment in the state, subject to a maximum amount, and subject to the requirements of the specified income tax credits, to treat any of the following income tax credits allowed to the business as either carryforwardable for a five-year period or as transferable under certain circumstances.

Thursday, May 25, 2017

  • HB 17-1072: “Concerning Human Trafficking for Sexual Servitude,” by Reps. Lois Landgraf & Polly Lawrence and Sen. John Cooke. The bill amends the language defining the crime of human trafficking for sexual servitude to include that a person who knowingly advertises, offers to sell, or sells travel services that facilitate activities defined as human trafficking of a minor for sexual servitude commits the offense of human trafficking of a minor for sexual servitude. ‘Travel services’ are defined in the bill.
  • HB 17-1190“Concerning the Limited Applicability of the Colorado Supreme Court’s Decision in St. Jude’s Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015),” by Rep. KC Becker and Sen. Jerry Sonnenberg. The bill provides that the decision in the St. Jude’s Co. case interpreting section 37-92-103(4) does not apply to previously decreed absolute and conditional water rights or claims pending as of July 15, 2015. The interpretation of section 37-92-103 (4) in St. Jude’s Co. applies only to direct-flow appropriations, without storage, filed after July 15, 2015, for water diverted from a surface stream or tributary groundwater by a private entity for private aesthetic, recreational, and piscatorial purpose.
  • HB 17-1209“Concerning Peace Officer Designation for the Manager of the Office of Prevention and Security Within the Division of Homeland Security and Emergency Management in the Department of Public Safety,” by Reps. Jovan Melton & Terri Carver and Sens. Rhonda Fields & John Cooke. The bill designates as a peace officer the manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety.
  • HB 17-1223“Concerning the Creation of a Fraud Reporting Hotline to be Administered by the State Auditor, and, in Connection Therewith, Establishing Referral and Reporting Processes and State Auditor Investigative Authority,” by Reps. Lori Saine & Tracy Kraft-Tharp and Sens. Cheri Jahn & Tim Neville. The bill requires the state auditor to establish and administer a telephone number, fax number, email address, mailing address, or internet-based form whereby any individual may report an allegation of fraud committed by a state employee or an individual acting under a contract with a state agency. This system is referred to in the bill as the ‘fraud hotline’ or ‘hotline’ and any report to the hotline as a ‘hotline call’.
  • HB 17-1238“Concerning the Nonsubstantive Relocation of Laws Related to Debt Management and Collection Services from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Rep. Pete Lee and Sen. Chris Holbert. The bill relocates the laws related to debt management and collection services from articles 14, 14.1, 14.3, and 14.5 of title 12.
  • HB 17-1239“Concerning the Nonsubstantive Relocation of Laws Related to Private Occupational Schools from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Rep. Cole Wist and Sen. Lucia Guzman. The bill creates a new article 64 in title 23 of the Colorado Revised Statutes and relocates the repealed provisions of article 59 of title 12 of the Colorado Revised Statutes to that article 64 and repeals article 59 of title 12 of the Colorado Revised Statutes.
  • HB 17-1240“Concerning the Nonsubstantive Relocation of the Laws Related to the Department of Public Health and Environment from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Rep. Cole Wist and Sen. John Cooke. The bill relocates Article 29.3 of title 12 to part 6 of article 1.5 of title 25 and Article 30 of title 12 to article 48 of title 25.
  • HB 17-1243“Concerning the Nonsubstantive Relocation of the Laws Related to Wholesale Sales Representatives from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Rep. Yeulin Willett and Sen. Lucia Guzman. The bill relocates article 66 of title 12, which relates to wholesale sales representatives, to title 13.
  • HB 17-1244: “Concerning the Nonsubstantive Relocation of the Laws Related to Cemeteries from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Rep. Leslie Herod and Sen. Bob Gardner. The bill relocates article 12 of title 12, which relates to cemeteries, to title 6.
  • HB 17-1245“Concerning the Nonsubstantive Relocation of the Laws Related to Public Establishments from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Rep. Mike Foote and Sen. Daniel Kagan. The bill relocates parts 1 and 3 of article 44 of title 12, which relate to public establishments, to title 6.
  • HB 17-1251“Concerning the Scheduled Repeal of Reports by Higher Education Agencies to the General Assembly,” by Rep. Dan Nordberg and Sen. Dominick Moreno. The bill addresses the reporting requirements of higher education agencies.
  • HB 17-1255: “Concerning the Scheduled Repeal of a Report by the Board of Veterans Affairs to the General Assembly,” by Rep. Dan Nordberg and Sen. Andy Kerr. The bill continues indefinitely a reporting requirement of the board of veterans affairs.
  • HB 17-1257: “Concerning the Scheduled Repeal of Reports by the Department of Natural Resources to the General Assembly,” by Rep. Jeni Arndt and Sen. Jack Tate. The bill continues indefinitely reporting requirements of the Department of Natural Resources that were scheduled to repeal according to section 24-1-136(11)(a)(I).
  • HB 17-1265“Concerning an Increase in the Total Employer Contribution for Employers in the Judicial Division of the Public Employees’ Retirement Association,” by Reps. KC Becker & Dan Nordberg and Sens. Andy Kerr & Kevin Priola. For the calendar year beginning in 2019, for the judicial division only, the bill increases the AED to 3.40% of total payroll and requires the AED payment to increase by 0.4% of total payroll at the start of each of the following 4 calendar years through 2023.
  • HB 17-1267“Concerning the Scheduled Repeal of Reports by Educational Agencies to the General Assembly,” by Rep. Jeni Arndt and Sen. Dominick Moreno. The bill addresses the reporting requirements of educational agencies.
  • HB 17-1295“Concerning the Repeal of the Governor’s Office of Marijuana Coordination,” by Rep. Bob Rankin and Sen. Dominick Moreno. The bill repeals the office of marijuana coordination, effective July 1, 2017.
  • HB 17-1298: “Concerning the Date by Which the State Personnel Director is Required to Submit the Annual Compensation Report,” by Rep. Millie Hamner and Sen. Kevin Lundberg. The bill changes the deadline for submission of the state personnel director’s annual report to September 15 of each year beginning with the 2017 report.
  • HB 17-1346“Concerning the Sale of More Than Fifteen Acres of Land at the Colorado Mental Health Institute at Fort Logan to the United States Department of Veterans Affairs for the Expansion of Fort Logan National Cemetery,” by Rep. Susan Lontine and Sen. Owen Hill. The bill grants the Department of Human Services authority to execute a land sale, at fair market value, to sell 51 additional acres, or up to 66 acres. The bill specifies that the proceeds of the sale of the additional 51 acres to the United States department of veterans affairs must be credited to the Fort Logan land sale account in the capital construction fund.
  • SB 17-222“Concerning the Nonsubstantive Relocation of the Laws Related to Fireworks from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Sen. John Cooke and Rep. Yeulin Willett. The bill relocates article 28 of title 12, which relates to fireworks, to a new part 20 of article 33.5 of title 24, which title pertains to the department of public safety.
  • SB 17-225“Concerning the Nonsubstantive Relocation of Laws Related to Farm Products from Title 12 of the Colorado Revised Statutes as Part of the Organizational Recodification of Title 12,” by Sen. John Cooke and Rep. Yeulin Willett. The bill relocates part 2 of article 16 of title 12, the ‘Commodity Handler Act’, to article 36 of title 35; and part 1 of article 16 of title 12, the ‘Farm Products Act’, to article 37 of title 35.
  • SB 17-228“Concerning the Nonsubstantive Relocation of the Laws Related to Licenses Granted by Local Governments from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Sen. Bob Gardner and Rep. Cole Wist. The bill relocates article 18 of title 12, which relates to dance halls, to title 30, which pertains to counties; article 25.5 of title 12, which relates to escort services, to title 29, which relates to local governments; and relocates article 56 of title 12, which relates to pawnbrokers, to title 29.
  • SB 17-242“Concerning Modernizing Terminology in the Colorado Revised Statutes Related to Behavioral Health,” by Sen. Beth Martinez Humenik and Reps. Kim Ransom & Joann Ginal. The bill updates and modernizes terminology in the Colorado Revised Statutes related to behavioral health, mental health, alcohol abuse, and substance abuse.
  • SB 17-243“Concerning the Continuation under the Sunset Law of the Motorcycle Operator Safety Training Program by the Director of the Office of Transportation Safety in the Department of Transportation, and, in Connection Therewith, Transferring the Operation of the Program to the Chief of the State Patrol Beginning in 2018,” by Sens. Nancy Todd & Randy Baumgardner and Rep. Dominique Jackson. The bill continues the motorcycle operator safety training program for 3 years, until 2020.
  • SB 17-279“Concerning Clarification of the Applicability Provisions of Recent Legislation to Promote an Equitable Financial Contribution Among Affected Public Bodies in Connection with Urban Redevelopment Projects Allocating Tax Revenues,” by Sens. Beth Martinez Humenik & Rachel Zenzinger and Reps. Matt Gray & Susan Beckman. The bill clarifies the applicability provisions of legislation enacted in 2015 and 2016 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues.
  • SB 17-291“Concerning Continuation of the School Safety Resource Center Advisory Board,” by Sen. Beth Martinez Humenik and Rep. Jeff Bridges. The bill implements the recommendations of the sunset review and report on the school safety resource center advisory board by eliminating the repeal date of the board and extending the board through September 1, 2022.
  • SB 17-293“Concerning Updating the Reference to a National Standard Setting Forth Certain Specifications Applicable to the Type of Paper Used to Publish the Colorado Revised Statutes,” by Sen. Daniel Kagan and Rep. Pete Lee. The bill updates the statutory reference to the current applicable alkaline minimum reserve requirements and acidity levels for uncoated paper as established by the American national standards institute and the national information standards organization.
  • SB 17-294“Concerning the Nonsubstantive Revision of Statutes in the Colorado Revised Statutes, as Amended, and, in Connection Therewith, Amending or Repealing Obsolete, Imperfect, and Inoperative Law to Preserve the Legislative Intent, Effect, and Meaning of the Law,” by Sen. Bob Gardner and Rep. Pete Lee. The bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill.
  • SB 17-304“Concerning the Authority of the Joint Technology Committee,” by Sens. Angela Williams & Beth Martinez Humenik and Reps. Dan Thurlow & Jonathan Singer. The bill adds definitions of ‘cybersecurity’ and ‘data privacy’ for the purposes of the joint technology committee. In addition, the bill modifies the definition of ‘oversee’ for the purposes of the committee to be consistent with other statutory provisions.

Friday, May 26, 2017

  • SB 17-254“Concerning the Provision for Payment of the Expenses of the Executive, Legislative, and Judicial Departments of the State of Colorado, and of its Agencies and Institutions, For and During the Fiscal Year Beginning July 1, 2017, Except as Otherwise Noted,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2017, except as otherwise noted.

Tuesday, May 30, 2017

  • SB 17-267“Concerning the Sustainability of Rural Colorado,” by Sens. Lucia Guzman & Jerry Sonnenberg and Reps. KC Becker & Jon Becker. The bill creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the Department of Health Care Policy and Financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer’s Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit.

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

Bills Closing Torrens Title, Allowing Electronic Preservation of Plats by Clerk & Recorder, Adopting Revised Uniform Notorial Acts Law, and More Signed

Although the legislative session is over, the governor continues to sign bills. This week, he signed one bill on Monday, May 15; four bills on Wednesday, May 17; and 13 bills on Thursday, May 18. To date, he has signed 231 bills and vetoed one bill this legislative session. The bills signed this week are summarized here.

Monday, May 15

  • HB 17-1204“Concerning Juvenile Delinquency Record Expungement, and, in Connection Therewith, Making an Appropriation,” by Rep. Pete Lee and Sen. John Cooke. The bill restricts access to juvenile delinquency records by making certain records public only after a court orders that a child be charged as an adult, consistent with recent changes to the direct file statute, and by eliminating the requirement that the prosecuting attorney notify the school principal of minor offenses.

Wednesday, May 17

  • HB 17-1248“Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making Appropriations,” by Rep. Jeni Arndt and Sens. John Cooke & Jerry Sonnenberg. The bill makes certain appropriations from the Colorado Water Conservation Board (CWCB) construction fund to the CWCB or the Division of Water Resources.
  • HB 17-1301“Concerning Protecting Colorado Citizens who are Engaged in an Act that is Protected by the Colorado Constitution from Outside Agencies,” by Rep. Steve Lebsock and Sen. Tim Neville. The bill prohibits a state agency from aiding or assisting a federal agency or agency of another state in arresting a Colorado citizen for committing an act that is a Colorado constitutional right; or violating a Colorado citizen’s Colorado constitutional right.
  • SB 17-129“Concerning the Electronic Preservation of a Plat Recorded by a County Clerk and Recorder,” by Sen. Jerry Sonnenberg and Reps. Jon Becker & Jeni Arndt. The bill permits a county clerk and recorder to preserve an original plat in an electronic format. If an electronic filing system is established, then the board of county commissioners is authorized to provide additional funding and space suitable for a county surveyor or any other appropriate local government official to store original mylar, paper, or polyester sheets of subdivision plats and land survey plats.
  • SB 17-140“Concerning the Torrens Title Registration System,” by Sen. Jerry Sonnenberg and Reps. Jon Becker & Jeni Arndt. The bill closes the Torrens title registration system to new applications to register land title in this state, effective January 1, 2018.

Thursday, May 18

  • HB 17-1162“Concerning Action that can be Taken Against an Individual Based on the Individual’s Failure to Pay for a Traffic Violation, and, in Connection Therewith, Making an Appropriation,” by Rep. Matt Gray and Sen. Bob Gardner. The bill decreases the penalty for driving under restraint to a class A traffic infraction if the basis of the restraint is an outstanding judgment.
  • HB 17-1201“Concerning Authorization for Granting a High School Diploma Endorsement in the Combined Disciplines of Science, Technology, Engineering, and Mathematics,” by Rep. James Coleman and Sens. Kevin Priola & Rachel Zenzinger. The bill authorizes a school district, board of cooperative services, district charter high school, or institute charter high school to grant a high school diploma endorsement in science, technology, engineering, and mathematics (STEM) to students who demonstrate mastery in STEM. To obtain the endorsement, a student must complete the high school graduation requirements at a high level of proficiency, successfully complete 4 STEM courses selected by the local education provider in addition to the high school graduation requirements in these subjects, achieve a minimum score specified in the bill on one of several specified mathematics assessments, and successfully complete a final capstone project.
  • HB 17-1211“Concerning Professional Development for Educators Regarding Disciplinary Strategies for Young Students,” by Rep. James Coleman and Sen. Kevin Priola. The bill creates the discipline strategies pilot program to provide money to school districts, boards of cooperative services, and charter schools for professional development for educators in the use of culturally responsive methods of student discipline for students enrolled in preschool through third grade and developmentally appropriate responses to the behavioral issues of students enrolled in preschool through third grade.
  • HB 17-1214“Concerning Efforts to Encourage Employee Ownership of the State’s Existing Small Businesses,” by Rep. James Coleman and Sen. Jack Tate. The bill requires the Colorado Office of Economic Development to engage the services of a local nonprofit organization that supports and promotes the employee-owned business model to educate the staff at the office on the forms and merits of employee ownership in order for the office to promote employee ownership as part of its small business assistance center.
  • HB 17-1227“Concerning an Extension of Demand-Side Management Goals for Investor-Owned Utilities as Set by the Public Utilities Commission,” by Reps. Faith Winter & Polly Lawrence and Sens. Stephen Fenberg & Kevin Priola. The bill extends programs establishing electricity goals for investor-owned utilities until 2028.
  • HB 17-1246“Concerning Implementation of the STEMI Task Force Recommendations Relating to Reporting Confirmed Heart Attack Incidents in the State,” by Rep. Tracy Kraft-Tharp and Sens. Leroy Garcia & Jack Tate. The bill implements recommendations of the STEMI task force regarding hospital reporting of heart attacks.
  • HB 17-1266“Concerning Allowing Persons who were Convicted of Misdemeanors for Marijuana-Related Behaviors that are No Longer Illegal to Petition for the Sealing of Criminal Records Relating to Such Convictions,” by Reps. Edie Hooten & Jovan Melton and Sens. Vicki Marble & Stephen Fenberg. The bill allows persons who were convicted of misdemeanors for the use or possession of marijuana to petition for the sealing of criminal records relating to such convictions if their behavior would not have been a criminal offense if the behavior had occurred on or after December 10, 2012.
  • HB 17-1354“Concerning the Collection of Delinquent Taxes on Certain Mobile Homes,” by Rep. KC Becker and Sens. Kevin Priola & John Kefalas. The bill makes the process to enforce the collection of delinquent taxes on mobile or manufactured homes that are not affixed to the ground permissive, and therefore gives the county treasurer more flexibility to enter into partial payment agreements with the owners of such mobile or manufactured homes. The bill authorizes the county treasurer to declare tax liens on mobile or manufactured homes that are not affixed to the ground as county-held to address title deficiencies in conjunction with the collection of taxes.
  • SB 17-132“Concerning Enactment of the ‘Revised Uniform Law on Notarial Acts’ as Amended,” by Sen. Bob Gardner and Reps. Jovan Melton & Cole Wist. The bill enacts the Revised Uniform Law on Notarial Acts, and creates a working group to study and make recommendations by December 1, 2017, regarding electronic remote notarization. The Secretary of State must promulgate rules regarding electronic remote notarization, after which notaries may perform a notarial act by electronic remote notarization in compliance with the rules.
  • SB 17-193“Concerning the Establishment of the ‘Center for Research into Substance Use Disorder Prevention, Treatment, and Recovery Support Strategies’ at the University of Colorado Health Sciences Center, and, in Connection Therewith, Making an Appropriation,” by Sens. Kevin Lundberg & Cheri Jahn and Reps. Bob Rankin & Brittany Pettersen. The bill establishes the Center for Research into Substance Use Disorder Prevention, Treatment, and Recovery Support Strategies at the University of Colorado Health Sciences Center.
  • SB 17-207“Concerning Strengthening Colorado’s Statewide Response to Behavioral Health Crises, and, in Connection Therewith, Making an Appropriation,” by Sens. John Cooke & Daniel Kagan and Reps. Lang Sias & Joseph Salazar. The bill clarifies the intent of the General Assembly for establishing a coordinated behavioral health crisis response system. The crisis system is intended to be a comprehensive, appropriate, and preferred response to behavioral health crises in Colorado. By clarifying the role of the crisis system and making necessary enhancements, the bill puts systems in place to help Colorado end the use of jails and correctional facilities as placement options for individuals placed on emergency mental health holds if they have not also been charged with a crime and enhances the ability of emergency departments to serve individuals who are experiencing a behavioral health crisis.
  • SB 17-297“Concerning Revising Higher Education Performance Requirements,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill repeals a performance-based funding plan for institutions of higher education that was included in the master plan for Colorado postsecondary education. The performance-based funding plan was not implemented.
  • SB 17-305“Concerning Modifications to Select Statutory Provisions Affecting Primary Elections Enacted by Voters at the 2016 Statewide General Election to Facilitate the Effective Implementation of the State’s Election Laws, and, in Connection Therewith, Making an Appropriation,” by Sens. Stephen Fenberg & Kevin Lundberg and Reps. Patrick Neville & Mike Foote. At the 2016 general election, the voters of the state approved 2 initiated measures affecting primary elections: Proposition 107, which restored a presidential primary election, and Proposition 108, which allows participation by unaffiliated voters in primary elections. The bill makes several modifications to some of the statutory provisions that were affected by Propositions 107 and 108 for the purpose of facilitating the effective implementation of the state’s election laws.

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

Bills Signed Adding Disabilities to Bias-Motivated Harassment, Clarifying Vehicle Title Transfers on Death, and More

On Wednesday, May 3, 2017, the governor signed 14 bills into law. To date, the governor has signed 209 bills and vetoed one bill this legislative session. Some of the bills signed Wednesday include a bill to clarify the process for vehicle title transfers on death, a bill adding disabilities to bias-motivated harassment laws, a bill allowing mandatory reporters access to reports of abuse, a bill extending the agricultural water leasing pilot project, and more. The bills signed Wednesday are summarized here.

  • HB 17-1150“Concerning Disallowing a Court from Granting Bail After Conviction to Offenders who have Committed Certain Felony Crimes,” by Rep. Clarice Navarro and Sen. Owen Hill. The bill adds to the list of crimes for which bail is not allowed a second or subsequent conviction for stalking that occurs within 7 years after the date of a prior offense for which the person was convicted; stalking when there was a protection order, injunction, or condition of bond, probation, or parole or any other court order in effect that protected the victim from the person; and any offense that includes an act of domestic violence if the defendant at the time of sentencing has been previously convicted of three or more prior offenses that included an act of domestic violence.
  • HB 17-1185“Concerning Reports of Suspected Child Abuse or Neglect,” by Rep. Jonathan Singer and Sen. Jim Smallwood. The bill adds officials and employees of county departments of health, human services, or social services to the list of mandatory reporters and specifies that if a mandatory reporter continues to be involved with the child for whom he or she has filed a report, the reporter is entitled to access to records and reports of the abuse or neglect.
  • HB 17-1188“Concerning Bias-Motivated Harassment,” by Rep. Mike Foote and Sens. Dominick Moreno & Don Coram. The bill adds physical or mental disability and sexual orientation to the categories described in the harassment statute to make the statute consistent with Colorado’s law concerning bias-motivated crimes.
  • HB 17-1213“Concerning the Transfer of a Vehicle Title Upon the Death of the Vehicle’s Owner,” by Rep. Kevin Van Winkle and Sen. Chris Holbert. The bill amends the law regarding transfers of vehicle titles on death by clarifying that the Division of Motor Vehicles shall oversee the process, and clarifying that a personal representative or successor is not liable for obtaining a new certificate of title or for transferring title to the vehicle absent actual knowledge of the existence of a valid, unrevoked beneficiary designation form.
  • HB 17-1217“Concerning the Governance Structure of the State Historical Society,” by Reps. Faith Winter & Lori Saine and Sens. Jim Smallwood & Kerry Donovan. The bill repeals certain obsolete provisions of the statutes governing the structure of the State Historical Society and changes the language from establishing the council to allowing the board to establish the council.
  • HB 17-1219“Concerning an Extension of the Agricultural Water Leasing Pilot Program Administered by the Colorado Water Conservation Board,” by Reps. Jeni Arndt & Barbara McLaughlin and Sens. Kerry Donovan & Larry Crowder. The bill extends the agricultural water leasing pilot program.
  • HB 17-1233“Concerning Protection of the Historical Consumptive Use Analysis of a Water Right Involved in a Water Conservation Program,” by Rep. Jeni Arndt and Sen. Larry Crowder. The bill applies a rule statewide that provides that the reduced water usage that results from participation in a government-sponsored water conservation program will not be considered in analyzing the historical consumptive use of the water right.
  • SB 17-148“Concerning the Continuation of the Office of Boxing in the Division of Professions and Occupations in the Department of Regulatory Agencies, and, in Connection Therewith, Implementing the Recommendations of the 2016 Sunset Report of the Department of Regulatory Agencies and Making an Appropriation,” by Sen. Kevin Priola and Rep. Alec Garnett. The bill continues the Office of Boxing and vests the Director of the Division of Professions and Occupations with licensing authority.
  • SB 17-214“Concerning the Creation of the Voluntary Firefighter Cancer Benefits Program,” by Sens. Leroy Garcia & Jim Smallwood and Reps. Brittany Pettersen & Tony Exum. The bill allows an employer to participate in a voluntary firefighter cancer benefits program, as a multiple employer health trust to provide benefits to firefighters by paying contributions into the established trust.
  • SB 17-227: “Concerning the Nonsubstantive Relocation of Laws Related to Attorneys-at-Law from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Sen.  Bob Gardner and Rep. Mike Foote. The bill relocates Article 5 of Title 12, “Attorneys-at-Law,” to a new Article 93 in Title 13, Colorado Revised Statutes.
  • SB 17-247“Concerning the Qualifications of Electricians, and, in Connection Therewith, Allowing Only persons who have Passed the Written Residential Wireman’s Examination to Act as Residential Inspectors and Waiving the Continuing Education Requirement During the First License Period for an Electrician who Passed the Appropriate Written Examination,” by Sen. Kevin Priola and Rep. Don Coram. The bill waives the continuing education requirement, otherwise applicable upon every renewal or reinstatement of an electrician’s license, for the first renewal or reinstatement of the license of an electrician who passed the appropriate written examination in connection with his or her initial license application.
  • SB 17-258“Concerning the Use of Open Educational Resources in Public Institutions of Higher Education, and, in Connection Therewith, Making an Appropriation,” by Sen. Kevin Lundberg and Rep. Bob Rankin. The bill creates the Open Educational Resources Council in the Department of Higher Education. The bill directs the Department to contract with an entity to evaluate the existing use of open educational resources by public institutions of higher education.
  • SB 17-259“Concerning a Transfer of Money from the General Fund to Cash Funds Administered by State Departments for the Protection of the State’s Natural Resources,” by Sen. Kevin Lundberg and Rep. Bob Rankin. The bill requires the state treasurer to transfer money from the general fund to certain state departments.
  • SB 17-268“Concerning an Increase in the Number of Pharmacy Technicians a Pharmacist may Supervise,” by Sens. Andy Kerr & Jim Smallwood and Reps. Joann Ginal & Kim Ransom. The bill allows a pharmacist to supervise up to 6 pharmacy technicians.

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

Bills Signed Regarding Amending State Constitution, Revising Victim Rights Laws, and More

On Friday, April 28, 2017, the governor signed 29 bills into law and vetoed one bill. To date, he has signed 195 bills and vetoed one bill this legislative session. Some of the bills signed Friday include a bill to implement voter-approved changes to make it more difficult to amend the state constitution, a bill changing reporting requirements from the State Judicial Department to the General Assembly, a bill revising victim rights laws, a bill mandating minimum sentences for persons convicted of sex trafficking, and more. The bills signed Friday are summarized here.

  • HB 17-1158“Concerning the Regulation of Charitable Solicitations by the Secretary of State, and, in Connection Therewith, Modifying and Clarifying Filing Requirements and Enforcement of the ‘Colorado Charitable Solicitations Act,’ by Rep. Hugh McKean and Sens. Beth Martinez Humenik & Jim Smallwood. The bill clarifies that a charitable organization’s registration with the secretary of state must be renewed on an annual basis if the charitable organization intends to solicit donations in Colorado, and an organization may not continue to solicit if it fails to renew its registration. The bill also requires an organization to update information in its registration within 30 days after any change.
  • HB 17-1172“Concerning Criminal Penalties for Persons who Commit Human Trafficking of a Minor for Sexual Servitude,” by Reps. Terri Carver & Clarice Navarro and Sen. John Cooke. The bill requires a court to sentence a person convicted of a class 2 felony for human trafficking of a minor for sexual servitude to the Department of Corrections for a term of at least 8 years.
  • HB 17-1189“Concerning the Limit on the Number of Terms a Member of the Colorado Wine Industry Development Board may Serve,” by Reps. Jessie Danielson & Dan Thurlow and Sen. Ray Scott. The bill allows a member of the Colorado Wine Industry Development Board to serve two full 4-year terms insteat of one. Members may also continue to serve after the expiration of their terms until the appointment of a successor.
  • HB 17-1205“Concerning Changing the Definition of ‘Salvage Vehicle,’ by Rep. Jovan Melton and Sen. Beth Martinez Humenik. The bill changes the definition of ‘salvage vehicle’ to add another test of when an insurer determines the vehicle to be a total loss. The bill also adds theft damage as an exclusion to the types of damage that can cause a vehicle to be a salvage vehicle.
  • HB 17-1218“Concerning an Expansion of the State’s Ability to Share Information about State Financial Institutions with Other Governmental Regulators,” by Rep. Alec Garnett and Sen. Kevin Priola. The bill allows the banking board and the state bank commissioner to share records and other information about banks, trust companies, and money transmitters with banking or financial institution regulatory agencies of other states or United States territories if the governmental agency is required to maintain the confidentiality of the records and shares similar information with the division of banking.
  • HB 17-1241: “Concerning the Nonsubstantive Relocation of Laws Related to Indian Arts and Crafts Sales from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Rep. Leslie Herod and Sen. Bob Gardner. The bill relocates Article 44.5 of Title 12, which imposes requirements and penalties pertaining to the sale or offering for sale of authentic Indian and other arts and crafts, to a new Part 2 in Article 15 of Title 6 of the Colorado Revised Statutes, governing consumer and commercial affairs.
  • HB 17-1272“Concerning the Scheduled Repeal of Reports by the Department of Labor and Employment to the General Assembly,” by Rep. Edie Hooten and Sen. Dominick Moreno. The bill amends repeal dates and reporting requirements from the Department of Labor and Employment to the General Assembly.
  • HB 17-1316“Concerning Delaying the Implementation of House Bill 16-1309,” by Rep. Susan Lontine and Sen. Vicki Marble. The bill delays the implementation of HB 16-1309, which was enacted by the 2016 General Assembly and concerns a defendant’s right to counsel in certain cases considered by municipal courts, until July 1, 2018.
  • SB 17-051“Concerning the Rights of Crime Victims,” by Sens. Bob Gardner & Rhonda Fields and Reps. Polly Lawrence & Mike Foote. The bill makes several amendments to victim rights statutes, including amendments to the definitions of “crime,” “critical stages,” and “modification of sentence”; creation of a right for a victim to be informed of parole or pardon decisions; and more.
  • SB 17-083: “Concerning Implementation of Recommendations of the Committee on Legal Services in Connection with Legislative Review of Rules and Regulations of State Agencies,” by Sen. Daniel Kagan and Rep. Mike Foote. The bill extends all state agency rules and regulations that were adopted or amended on or after November 1, 2015, and before November 1, 2016, with the exception of the rules and regulations specifically listed in the bill.
  • SB 17-152“Concerning the Implementation of Voter-Approved Changes to the Colorado Constitution that Make it More Difficult to Amend the State Constitution, and, in Connection Therewith, Prohibiting a Petition for an Initiated Amendment to the State Constitution from Being Submitted to Voters Unless the Petition is Signed by the Constitutionally Required Number of Registered Electors who Reside in Each State Senate District and Total Number of Registered Electors, Requiring at Least Fifty-Five Percent of the Votes Cast on Any Amendment to the State Constitution to Adopt the Amendment Unless the Amendment Only Repeals in Whole or in Part a Provision of the State Constitution, in Which Case Requiring a Majority of the Votes Cast on the Amendment to Adopt the Amendment, and Making an Appropriation,” by Sen. Lois Court and Rep. Chris Kennedy. The bill implements changes to the Colorado constitution approved by voters at the 2016 general election that make it more difficult to amend the state constitution.
  • SB 17-179“Concerning the Limitation on the Amount of Fees that Can be Assessed for Allowing Solar Energy Device Installations, and, in Connection Therewith, Extending the Repeal Date,” by Sens. Andy Kerr & Bob Gardner and Reps. Lang Sias & Leslie Herod. The bill extends the repeal date of existing laws that limit the amount of permit, plan review, or other fees that counties, municipalities, or the state may charge for installing solar energy devices or systems.
  • SB 17-220“Concerning the Continuation of the Restorative Justice Coordinating Council,” by Sen. Lois Court and Rep. Jeni James Arndt. The bill extends the Council and moves it from Title 19, Colorado Revised Statutes, which relates to the juvenile code, to Title 13, Colorado Revised Statutes, which relates to the judicial code, since restorative justice use has expanded from juvenile cases to adult cases.
  • SB 17-223“Concerning the Nonsubstantive Relocation of Laws Related to the Treatment of Human Bodies After Death from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Sen. Bob Gardner and Rep. Leslie Herod. The bill relocates Parts 1 and 2 of Article 34 of Title 12 of the Colorado Revised Statutes related to anatomical gift and unclaimed human bodies to new Parts 2 and 3 of Article 19 of Title 15.
  • SB 17-224“Concerning the Nonsubstantive Relocation of Laws Related to Commercial Driving Schools from Title 12 of the Colorado Revised Statutes as Part of the Organizational Recodification of Title 12,” by Sen. Daniel Kagan and Rep. Pete Lee. The bill relocates the statutes governing commercial driving schools to part 6 of article 2 of title 42.
  • SB 17-226: “Concerning the Nonsubstantive Relocation of Laws Related to the Regulation of Financial Institutions from Title 12, Colorado Revised Statutes, as Part of the Organizational Recodification of Title 12,” by Sen. Daniel Kagan and Rep. Mike Foote. The bill relocates Article 13 of Title 12, pursuant to which the Commissioner of Financial Services and the Financial Services Board regulate life care institutions, to Article 49 of Title 11, and Article 52 of Title 12, pursuant to which the Banking Board and the State Bank Commissioner regulate money transmitters, to Article 110 of Title 11.
  • SB 17-231“Concerning the Scheduled Repeal of Reports by the Department of Transportation to the General Assembly,” by Sen. Dominick Moreno and Rep. Dan Thurlow. The bill amends repeal dates and reporting requirements from the Department of Transportation to the General Assembly.
  • SB 17-233“Concerning the Scheduled Repeal of Reports by the Department of Law to the General Assembly,” by Sen. Jack Tate and Rep. Jeni James Arndt. The bill amends repeal dates and reporting requirements from the Department of Law to the General Assembly.
  • SB 17-234“Concerning the Scheduled Repeal of Reports by the Department of Human Services to the General Assembly,” by Sen. Andy Kerr and Rep. Dan Thurlow. The bill amends repeal dates and reporting requirements from the Department of Human Services to the General Assembly.
  • SB 17-241“Concerning the Scheduled Repeal of Reports by the Judicial Department to the General Assembly,” by Sen. Jack Tate and Rep. Edie Hooten. The bill amends repeal dates and reporting requirements from the State Judicial Department to the General Assembly.
  • SB 17-246“Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems and Making a Corresponding Change to the Name of the Associated Task Force,” by Sen. Beth Martinez Humenik and Reps. Jonathan Singer & Dafna Michaelson Jenet. The bill changes the name of the ‘Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems’ to the ‘Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems’. The bill makes a corresponding change to the associated task force and cash fund. The bill also modernizes terminology related to mental health disorders.
  • SB 17-255“Concerning the Creation of the Technology Advancement and Emergency Fund in the Office of Information Technology, and, in Connection Therewith, Making an Appropriation,” by Sen. Kent Lambert and Rep. Bob Rankin. The bill creates the Technology Advancement and Emergency Fund in the Office of Information Technology. Subject to annual appropriation by the General Assembly, the Office may expend money in the fund to cover one-time costs associated with emergency information technology expenditures, to address deferred maintenance of state agency information technology assets, and to provide additional services to address unforeseen service demands.
  • SB 17-257“Concerning the Creation of the Community Museums Cash Fund for the Administration of Revenues Generated by Community Museums Operated by the State Historical Society, and, in Connection Therewith, Making an Appropriation,” by Sen. Dominick Moreno and Rep. Bob Rankin. The bill deposits revenues from the community museums in a new community museums cash fund which would be appropriated specifically for the activities of the community museums.
  • SB 17-260“Concerning Transfers to the General Fund from Cash Funds with Severance Tax Revenues,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill requires the state treasurer to make certain transfers from the cash funds to the general fund on June 30, 2018.
  • SB 17-261“Concerning the Creation of the 2013 Flood Recovery Account in the Disaster Emergency Fund,” by Sen. Kevin Lundberg and Rep. Dave Young. The bill creates the 2013 flood recovery account in the disaster emergency fund and requires the state treasurer to transfer $12.5 million from the general fund to the account on July 1, 2017.
  • SB 17-262“Concerning the Transfer of Money from the General Fund to Cash Funds that are Used for the State’s Infrastructure,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill requires the state treasurer to make transfers for this fiscal year and the next three fiscal years from the general fund to the capital construction fund and the highway users tax fund, and requires percentage-based transfers after that.
  • SB 17-263“Concerning Capital-related Transfers of Money,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes certain transfers from the general fund.
  • SB 17-265“Concerning a Transfer of Money from the State Employee Reserve Fund to the General Fund,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill requires the state treasurer to transfer $26.3 million from the state employee reserve fund to the general fund on July 1, 2017.
  • SB 17-266“Concerning a Reduction in the Amount of the General Fund Reserve Required for the Fiscal Year 2016-17,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill reduces the statutorily required general fund reserve from 6.5% to 6% of the amount appropriated for expenditure from the general fund.

Additionally, the governor vetoed one bill on Friday. That bill was SB 17-139, “Concerning the Extension of the Credit for Tobacco Products that a Distributor Ships or Transports to an Out-of-State Consumer.” The governor stated that he was unpersuaded there would be a significant economic impact, and he was concerned about educating Colorado consumers on the dangers of tobacco use.

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

Colorado Supreme Court: Warrantless Blood Draw on Unconscious Driver Does Not Violate Fourth Amendment

The Colorado Supreme Court issued its opinion in People v. Hyde on Monday, April 17, 2017.

Searches and Seizures—Warrantless Blood Draw— Consent to Search.

In this interlocutory appeal, the Colorado Supreme Court considered whether a warrantless blood draw conducted on an unconscious driver pursuant to Colorado’s Expressed Consent Statute, C.R.S. § 42-4-1301.1, violates the Fourth Amendment’s prohibition on unreasonable searches. The court explained that by driving in Colorado, the driver consented to the terms of the statute, including its requirement that “[a]ny person who is dead or unconscious shall be tested to determine the alcohol or drug content of the person’s blood.” The court concluded that the driver’s prior statutory consent satisfied the consent exception to the warrant requirement under the Fourth Amendment; therefore, the blood draw conducted in this case was constitutional. Consequently, the court reversed the trial court’s order suppressing the blood-draw evidence.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: All Motorists in Colorado Consent to Colorado’s Expressed Consent Statute by Driving

The Colorado Supreme Court issued its opinion in People v. Simpson on Monday, April 17, 2017.

Searches and Seizures—Warrantless Blood Draw—Consent to Search.

Colorado’s Expressed Consent Statute, C.R.S. § 42-4-1301.1, provides that any motorist who drives on the roads of the state has consented to take a blood or breath test when requested to do so by a law enforcement officer with probable cause to suspect the motorist of driving under the influence. In this interlocutory appeal, the court reviewed the trial court’s ruling that an advisement accurately informing defendant of the statute amounted to coercion that rendered his consent to a blood test involuntary and required suppression of the test result. The court explained that by driving in Colorado, defendant consented to the terms of the statute, including its requirement that he submit to a blood draw under the circumstances present in this case. The court concluded that defendant’s prior statutory consent satisfied the consent exception to the warrant requirement under the Fourth Amendment; therefore, the blood test conducted in this case was constitutional. Consequently, the court reversed the trial court’s suppression of the test result.

Summary provided courtesy of The Colorado Lawyer.

Bills Limiting Evidence in Groundwater Appeals, Expanding Juvenile Court Jurisdiction, and More Signed

On Tuesday, April 18, 2017, Governor Hickenlooper signed 11 bills into law. To date, he has signed 158 bills this legislative session. The bills signed Tuesday include a bill limiting the evidence that may be submitted in appeals from groundwater decisions, a bill expanding the exception for possession of sexually exploitative material to prosecutors and others involved in investigations, a bill giving the juvenile court jurisdiction to decide parental responsibilities issues in juvenile issues, and more. The bills signed Tuesday are summarized here.

  • HB 17-1012“Concerning the Creation of a Pueblo Chile License Plate,” by Rep. Daneya Esgar and Sen. Leroy Garcia. The bill creates the Pueblo chile special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25.
  • HB 17-1110“Concerning Juvenile Court Jurisdiction Regarding Matters Related to Parental Responsibilities in a Juvenile Delinquency Case,” by Rep. Susan Beckman and Sen. Nancy Todd. The bill allows the juvenile court to take jurisdiction involving a juvenile in a juvenile delinquency case and subsequently enter orders addressing parental responsibilities and parenting time and child support in certain circumstances.
  • HB 17-1138“Concerning the Reporting of Hate Crimes by Law Enforcement Agencies,” by Rep. Joseph Salazar and Sen. Angela Williams. The bill requires the Department of Public Safety to include in its annual hearing information concerning reports submitted by law enforcement agencies about crimes committed in the state during the previous year, including but not limited to information concerning reports of bias-motivated crimes.
  • HB 17-1174“Concerning the Establishment of an Exception for Rural Counties from the Limitations on the Establishment of a Local Improvement District to Fund the Construction of a Telecommunications Service Improvement for Advanced Service,” by Rep. James Wilson and Sens. Lucia Guzman & Larry Crowder. The bill allows a rural county with a population of fewer than 50,000 inhabitants to establish a local improvement district to fund an advanced service improvement in an unserved area of the county.
  • HB 17-1193“Concerning the Installation of Small Wireless Service Infrastructure within a Local Government’s Jurisdiction, and, in Connection Therewith, Clarifying that an Expedited Permitting Process Applies to Small Cell Facilities and Small Cell Networks and that the Rights-of-Way Access Afforded Telecommunications Providers Extends to Broadband Providers and to Small Cell Facilities and Small Cell Networks,” by Reps. Tracy Kraft-Tharp & Jon Becker and Sens. Andy Kerr & Jack Tate. The bill clarifies that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks, and that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extend to broadband providers as well as small cell facilities and small cell networks.
  • SB 17-036“Concerning Groundwater,” by Sens. Don Coram & Ray Scott and Reps. Jon Becker & Jeni Arndt. The bill limits the evidence that a district court may consider, when reviewing a decision or action of the commission or state engineer on appeal, to the evidence presented to the commission or state engineer.
  • SB 17-068“Concerning Early Support for Student Success Through Access to School Counselors, and, in Connection Therewith, Serving All Grades Through the Behavioral Health Care Professional Matching Grant Program and the School Counselor Corps Grant Program,” by Sen. Nancy Todd and Rep. Jonathan Singer. The bill adds elementary schools to the list of public schools eligible to receive a grant through the behavioral health care professional matching grant program.
  • SB 17-088“Concerning the Criteria Used by a Health Insurer to Select Health Care Providers to Participate in the Insurer’s Network of Providers, and, in Connection Therewith, Making an Appropriation,” by Sens. Angela Williams & Chris Holbert and Reps. Kevin Van Winkle & Edie Hooten. The bill requires health insurers to develop and use standards for selecting participating providers for its network and tiering providers if the insurer carries a tiered network.
  • SB 17-112: “Concerning a Clarification of the Effect of Statutes of Limitations on the Dispute Resolution Process when a Taxpayer Owes Sales or Use Tax to One Local Government but has Erroneously Paid the Disputed Tax to Another Local Government,” by Sen. Tim Neville and Rep. Dan Pabon. The bill seeks to clarify the General Assembly’s intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government.
  • SB 17-115“Concerning Possession of Sexually Exploitative Material by Persons Involved in Sexually Exploitative Material Cases,” by Sen. John Cooke and Reps. Mike Foote & Yeulin Willett. Under current law there is an exception to the crime of possession of sexually exploitative material for peace officers while in the performance of their duties. The bill expands the exception to a prosecutor, criminal investigator, crime analyst, or other individual who is employed by a law enforcement agency or district attorney’s office and performs or assists in investigative duties.
  • SB 17-137“Concerning the Continuation of the Colorado Health Service Corps Advisory Council,” by Sens. Nancy Todd & Michael Merrifield and Rep. Dominique Jackson. The bill continues the Colorado Health Service Corps Advisory Council indefinitely.

For a list of all of Governor Hickenlooper’s 2017 legislative decisions, click here.

Bills Enacting Uniform Unsworn Declarations Act, Exemption from Mandatory Advisement Requirements, and More Signed

On Thursday, April 13, 2017, Governor Hickenlooper signed ten bills into law. To date, he has signed 147 bills into law this 2017 legislative session. Some of the bills signed Thursday include a bill adopting the Uniform Unsworn Declarations Act, a bill granting immunity to a person who renders emergency assistance to a person or animal in a locked vehicle, a bill exempting certain traffic violations from the mandatory advisement requirements for municipal judges, and more. The bills signed Thursday are summarized here.

  • HB 17-1021“Concerning an Employer’s Violation of Wage Laws,” by Rep. Jessie Danielson and Sen. John Cooke. The bill clarifies that information obtained by the Division of Labor Standards and Statistics that relates to a finding of a violation of wage laws is not confidential and shall be released to the public or for use in a court proceeding, unless the Director of the Division makes a determination that the information includes specific information that is a trade secret.
  • HB 17-1081“Concerning Authority to Offer In-state Tuition Classification at State-supported Institutions of Higher Education for Athletes Training in Colorado in Programs Approved by the United States Olympic Committee,” by Rep. Dan Nordberg and Sen. Stephen Fenberg. The bill allows a state-supported institution of higher education to charge in-state tuition to an athlete residing anywhere in Colorado and training in an elite level program in Colorado approved by the United States Olympic committee and the governing body of an Olympic, Paralympic, Pan American, or Parapan American sport.
  • HB 17-1083“Concerning an Exemption for Certain Traffic Violations of the Requirement that a Municipal Judge Inform a Defendant of Certain Rights,” by Rep. Larry Liston and Sen. Bob Gardner. The bill excludes cases involving traffic infractions or violations for which the penalty is only a fine and for which jail is not a possibility from the requirement that municipal judges inform defendants of certain rights.
  • HB 17-1125“Concerning Eliminating the Duty of the Division of Correctional Industries to Provide Certain Services for the State’s Correctional Facilities,” by Reps. Dan Nordberg & Faith Winter and Sens. Jim Smallwood & Cheri Jahn. The bill removes a requirement that the Division of Correctional Industries in the Department of Corrections establish programs for vehicle maintenance, physical plant and facility maintenance, and food and laundry services for each of the state’s correctional facilities.
  • HB 17-1144“Concerning Amendments to the Automatic Cash Fund Funding Mechanism for Payment of Future Costs Attributable to Certain of the State’s Capital Assets,” by Rep. Daneya Esgar and Sen. Randy Baumgardner. The bill requires the General Assembly to include an annual depreciation-lease equivalent payment line item payable from the cash fund that is the funding source for the capital construction appropriation in the operating section of the annual general appropriation act for each state agency.
  • HB 17-1145“Concerning Authorization for Amateur Winemakers to Enter Wines in Organized Events,” by Rep. Leslie Herod and Sen. Bob Gardner. The bill authorizes amateur winemakers to enter their wine in organized events, such as contests, tastings, or judgings at licensed premises.
  • HB 17-1179“Concerning Immunity for a Person who Renders Emergency Assistance from a Locked Vehicle,” by Reps. Lori Saine & Joann Ginal and Sens. Lois Court & Vicki Marble. The bill provides immunity from civil and criminal liability for a person who forcibly enters a locked vehicle for the purpose of rendering assistance to an at-risk person or animal.
  • HB 17-1194“Concerning Technical Changes Relating to the Operation of Pathways in Technology Early College High Schools,” by Rep. Mike Foote and Sen. John Cooke. The bill amends the definition of a pathways in technology early college (p-tech) high school to include a p-tech program that operates within a host school.
  • HB 17-1196“Concerning Changes to the Training Requirements for Applicants for Licensure under the ‘Barber and Cosmetologist Act’,” by Rep. Jeni Arndt and Sen. Kevin Priola. The bill requires the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies to promulgate rules for applicants for cosmetologist or barber licensure to furnish proof of training, not to exceed 50 credits or 1,500 contact hours.
  • SB 17-154“Concerning  the ‘Uniform Unsworn Declarations Act’, by Sen. Bob Gardner and Rep. Cole Wist. The bill adopts in Colorado the Uniform Unsworn Declarations Act,expands the uniform law to include domestic unsworn declarations as contemplated, and clarifies that the act applies only to the use of unsworn declarations in state courts.

For a list of all Governor Hickenlooper’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.

Electronic Court Notice Bill, Increase of Life Insurance Exemption Bill, Subpoena Clarifications Bill, and More Signed Monday.

On Monday, March 20, 2017, the governor signed 17 bills into law. To date, he has signed 80 bills this legislative session. Some of the bills signed Monday include a bill increasing the exemption amount for a cash surrender of life insurance, a bill authorizing the fiduciary of an endowment fund to distribute principal under a unitrust election, a bill allowing an attorney general or district attorney to issue a subpoena for people engaged in deceptive trade practices, a bill allowing court clerks to electronically notice parties, and a bill increasing the appropriation to the Department of Law for providing legal services to the Department of Education. The bills signed Monday are summarized here.

  • HB 17-1023“Concerning a Clarification of Procedures for Subpoenas for Deceptive Trade Practices,” by Reps. Tracy Kraft-Tharp & Cole Wist and Sens. Chris Holbert & Lois Court. The bill clarifies that the attorney general or a district attorney may issue a subpoena pursuant to C.R.C.P. 4 to a person whom he or she has reasonable cause to believe has engaged or is engaging in a deceptive trade practice in violation of Colorado statute.
  • HB 17-1039“Concerning Communication Issues Related to Restorative Justice,” by Rep. Pete Lee and Sen. Daniel Kagan. The bill allows the district attorney to consent to an assessment for suitability for participation in restorative justice practices, including victim-offender conferences, as part of a recommended sentence in a plea bargain.
  • HB 17-1041“Concerning Measures to Inform Students of Education Opportunities Leading to Jobs,” by Rep. Phil Covarrubias and Sen. Kevin Priola. The bill requires schools to inform students of military enlistment as a path to educational opportunities.
  • HB 17-1056“Concerning the Eligibility of a Veterans’ Service Organization to Accept Public Service Assignments Offered in Connection with Misdemeanor Sentencing,” by Rep. Michael Weissman and Sens. Bob Gardner & Andy Kefalas. The bill expands the criteria for organizations that may accept community or useful public service assignments to include veterans’ service organizations organized under 501(c)(4) or 501(c)(19) of the tax code, and specifies that the court or other entity making the assignment retains discretion to determine which organizations may be included in its program of community or useful public service.
  • HB 17-1061“Concerning Modification of the Class of Vehicles that is Subject to Regulation as Commercial Vehicles,” by Reps. Jon Becker & Jovan Melton and Sens. Nancy Todd & Ray Scott. The bill increases the minimum weight for classification as a commercial vehicle subject to the statutory and regulatory standards for commercial vehicles from 10,001 pounds to 16,001 pounds unless the vehicle is registered for use in interstate commerce.
  • HB 17-1093“Concerning an Increase in the Exemption for the Cash Surrender Value of Life Insurance,” by Rep. Kim Ransom and Sen. Daniel Kagan. The bill increases the exemption for cash surrender value of life insurance policies to $250,000.
  • HB 17-1096“Concerning Endowment Care Funds Administered for Cemetery Authorities,” by Rep. Larry Liston and Sen. Jim Smallwood. The bill authorizes the fiduciary of an endowment fund to distribute principal, such as capital gains, under a unitrust election.
  • HB 17-1135“Concerning the Portability of Employment Background Checks for a Child Care Worker who Works for the Same Common Ownership Entity,” by Rep. Jeff Bridges and Sen. Kevin Priola. The bill allows a child care worker who is employed in a licensed facility that is wholly owned, operated, and controlled by a common ownership group or school district to use a single completed fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect to satisfy the requirements of the necessary background checks if the employee also works for or transfers to another licensed facility.
  • HB 17-1142“Concerning Notices of Certain Court Proceedings,” by Rep. Dominique Jackson and Sen. Bob Gardner. The bill allows the clerk of the court to send notice by first-class mail or electronically using the e-filing system of the judicial department.
  • HB 17-1143“Concerning Audits of Correspondence Sent to Medicaid Clients,” by Rep. Lois Landgraf and Sen. Larry Crowder. The bill directs the Office of the State Auditor to conduct or cause to be conducted an audit of client correspondence, including letters and notices, sent to clients or potential clients in Medicaid programs.
  • SB 17-011“Concerning the Creation of a Technical Demonstration Forum to Study Solutions to Improve Transportation Access for People with Disabilities,” by Sen. Kent Lambert and Rep. Polly Lawrence. The bill creates a technical demonstration forum consisting of eight members to study and document how advanced technologies can improve transportation access for people with disabilities.
  • SB 17-041“Concerning Employment Contracts for Positions at Institutions of Higher Education that are Funded by Revenue Generated from Auxiliary Activities,” by Sen. Kevin Priola and Reps. Yeulin Willett & Edie Hooten. The bill exempts certain positions at institutions of higher education from limits for employment contract terms or amounts.
  • SB 17-060“Concerning Relocation of the Colorado Student Leaders Institute from the Office of the Lieutenant Governor to the Department of Higher Education, and, in Connection Therewith, Making and Reducing an Appropriation,” by Sen. Nancy Todd and Rep. James Wilson. The bill relocates the Colorado Student Leaders Institute to the Department of Higher Education with no changes to the program.
  • SB 17-077“Concerning the Eligibility of Certain Government Agencies to Apply for a Special Event Permit to Sell Alcohol Beverages,” by Sen. Cheri Jahn and Reps. Tracy Kraft-Tharp & Yeulin Willett. The bill authorizes certain agencies to obtain a special event permit to sell alcohol beverages for a limited period.
  • SB 17-109“Concerning the Use of Industrial Hemp in Products Designed for Consumption,” by Sen. Kerry Donovan and Rep. Jeni Arndt. The bill creates a group under the commissioner of agriculture to study the feasability of including hemp products in animal feed.
  • SB 17-196“Concerning the Improvement of the Department of Law’s Information Technology Security,” by Sen. Kevin Lundberg and Rep. Dave Young. The bill increases the appropriation to the Department of Law to improve the Department’s information technology security based on an external auditor’s recommendations.
  • SB 17-197“Concerning the Provision of Legal Services for the Department of Education in the 2016-17 State Fiscal Year,” by Sen. Kevin Lundberg and Rep. Dave Young. The bill increases the amount of reappropriated funds that are appropriated to the Department of Law for the purpose of providing additional legal services for the Department of Education.

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