May 19, 2013

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

March 13, 2012 by Leave a Comment

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

CBA Legislative Policy Committee

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

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

At the Capitol – Week Eight – Quick Roundup:

On Monday, March 5

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

On Tuesday, March 6

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

On Wednesday, March 7

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

On Thursday, March 8

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

On Friday, March 9

  • On 3rd Reading, the House unanimously adopted HB 12-1304 – Concerning measures to prevent organized retail theft. Also adopted on 3rd Reading but by a closer vote (45-20), HB 12-1175 – Concerning the encouragement of a state agency to pursue Colorado-specific solutions in lieu of federal regulation whenever possible, and, in connection therewith, requiring a state agency to report annually regarding opportunities for waiver from newly adopted federal regulations.
  • Not wasting any time after having received the Senate version of HB 12-1074 – Judicial Oversight of Guardians & Conservators, the House concurred with the Senate amendments to the bill. This ends the legislative journey for the bill – the bill moves to the governor’s desk for signature next.
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SB 12-070: Describing Obligations of Landlords and Tenants Under Uniform Residential Landlord and Tenant Act

February 27, 2012 by Leave a Comment

On January 19, 2012, Sen. Irene Aguilar introduced SB 12-070 – Concerning Residential Landlords and Tenants, And, In Connection Therewith, Enacting the “Uniform Residential Landlord and Tenant Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill enacts the “Uniform Residential Landlord and Tenant Act”. The Act includes, among other things, provisions related to:

  • A statement of purpose and rules of construction;
  • Exclusions from the application of the Act;
  • An obligation of good faith;
  • The effect of an unsigned or undelivered rental agreement;
  • Prohibited provisions in rental agreements;
  • A landlord’s obligation to make disclosures, deliver possession of a dwelling unit, and maintain a premises;
  • A tenant’s obligation to maintain a dwelling unit, to allow a landlord access to a dwelling unit, and to use and occupy a dwelling unit;
  • Rules and regulations adopted by a landlord;
  • A tenant’s remedies for a landlord’s noncompliance with his or her obligations;
  • A prohibition on retaliatory conduct; and
  • The repeal of existing inconsistent law relating to landlord and tenant relations

The bill does not include a provision related to security deposits that was approved by the national conference of commissioners on uniform state laws. The bill requires the official comments of the national conference of commissioners on uniform state laws to be published along with the Act as nonstatutory matter. The bill also confers authority on a county court and a small claims court, respectively, to grant injunctive relief as permitted under the Act, and the bill modifies the current deadlines for giving notice to quit a tenancy in order to be consistent with the deadlines in the Act. The bill modifies the existing security deposit law by:

  • Eliminating the requirement that a tenant must give notice to a landlord of his intention to file legal proceedings a minimum of 7 days prior to filing said action;
  • Limiting the total security deposit that a landlord demand or receive security to one month periodic rent; and
  • Requiring a landlord in all instances to return a security deposit to a tenant within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, by eliminating the ability of the parties to specify in the lease agreement a longer period of time, up to 60 days.

Note: The sponsor of the bill has hosted several stakeholder meetings and is considering limiting the bill to amendments to the warranty of habitability provisions of the landlord tenant laws. The Senate Judiciary Committee will hear the bill on Wednesday, February 22 at 1:30 p.m.

Summaries of other featured bills can be found here.

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2013-05-20 05:53:38