April 17, 2014

Probate JDF Forms Revised in Protective Proceedings Category

In April 2014, the Colorado State Judicial Branch issued several revised forms in the Probate category. The revised forms deal with protective proceedings. The forms are available here in PDF format, and may be downloaded in Word format from State Judicial’s website.

PROBATE

  • JDF 847 - “Instructions for Filing a Petition for Appointment of Co-Guardian/Conservator or Successor Guardian/Conservator” (Revised 4/14)
  • JDF 800 – “Acknowledgment of Responsibilities Conservator and/or Guardian” (Revised 4/14)
  • JDF 821 – “Affidavit of Acceptance of Appointment by Written Instrument as Guardian for Minor” (Revised 4/14)
  • JDF 878 – “Order Appointing Conservator for Adult” (Revised 4/14)
  • JDF 882 – “Conservator’s Financial Plan with Inventory and Motion for Approval” (Revised 3/14)
  • JDF 960 – “Petition for Final Settlement” (Revised 4/14)
  • JDF 964 – “Order for Final Settlement” (Revised 4/14)

Click here to access all of State Judicial’s JDF forms.

Colorado Court of Appeals: No Fiduciary Duty Owed by Party to Real Estate Transaction so Attorney Fee Award Inappropriate

The Colorado Court of Appeals issued its opinion in In the Interest of Delluomo v. Cedarblade on Thursday, April 10, 2014.

Revocable Living Trust—Trustee—Beneficiary—Breach of Fiduciary Duty—Undue Influence—Attorney Fees—Breach of Trust Exception.

Respondent Phillip Delluomo created a revocable living trust. He named himself trustee and Wells Fargo Bank as co-trustee. The beneficiaries of the trust were his niece, appellant Brenda Cedarblade, and his nephew, Timothy Corcoran. A few months after the creation of the trust, Delluomo transferred five parcels of real property from the trust to Cedarblade.

The court thereafter appointed Janice Eder as Delluomo’s conservator. Eder initiated an action on Delluomo’s behalf to quiet title, seeking to set aside the real property transactions involving Cedarblade on the basis of undue influence and breach of fiduciary duty. A jury found that Cedarblade had exerted undue influence on Delluomo with regard to the conveyances of property into joint tenancy. Thus, the court set aside the property transfers to Cedarblade and awarded attorney fees to plaintiffs.

Cedarblade argued on appeal that the court erred in awarding attorney fees to plaintiffs. Cedarblade was not a trustee or custodian of funds (or other trust assets). Although she breached her duty as an individual, she did not breach any duty owed based on a relationship to manage property.

Because the circumstances of this case did not fit within the breach of trust exception to the general rule that parties in a lawsuit must pay their own legal expenses, the Court of Appeals ruled that the district court erred when it denied Cedarblade’s motion for directed verdict and allowed the jury to award attorney fees to plaintiffs. The portion of the judgment awarding attorney fees was vacated.

Summary and full case available here.

Probate Litigation Depositions – Not Your Grandmother’s Deposition

Probate Litigation ImageProbate litigation depositions can be many things – tense, perhaps emotionally draining for the deponent and the parties. But as David R. Struthers of Godfrey | Johnson PC illustrates, learning about probate depositions can be entertaining as well.

His tongue-in-cheek materials discuss the prudence of determining in each case whether it is desirable to “open the door of discovery,” despite the endless enjoyment every lawyer derives from conducting depositions. Amidst the humor are practical tips, such as applying to the probate court to use the Colorado Rules of Civil Procedure in order to engage in discovery and requesting permission to videotape the deposition. Struthers is truly a splendid wordsmith who excels at cleverly crafting instructional materials disguised as humor. But his true talent is with the guitar.

In the video clip below, Struthers explains the difficulty in removing a troublesome client who returns to Spencer Crona’s door every single day.

Click here to view online.

CLE Homestudy: Probate Litigation Depositions – Not Your Grandmother’s PI Depo

This CLE presentation took place on March 4, 2014. Click the links below to order the homestudy — MP3 audio downloadVideo OnDemand

Bills Regarding Mineral Estates, Parent-Child Relationships, Property Valuation, and More Signed by Governor

On Tuesday, March 25, and Thursday, March 27, 2014, Governor Hickenlooper signed 31 more bills into law. Some of these are summarized here.

  • SB 14-009Concerning a Disclosure of Possible Separate Ownership of the Mineral Estate in the Sale of Real Property, by Sen. Mary Hodge and Rep. Dominick Moreno. The bill requires the disclosure of possible separate ownership of mineral estates in the sale of real property.
  • SB 14-062Concerning Reinstatement of the Parent-Child Legal Relationship, by Sens. Lucia Guzman & Ellen Roberts and Reps. Mike Foote & Bob Gardner. The bill allows parents whose parental rights have been terminated to have those rights reinstated in certain circumstances.
  • SB 14-080Concerning the Elimination of the List of Certain Additional Qualifications that Apply to Property Valuation Appeal Arbitrators, by Sen. Kevin Grantham and Rep. Rhonda Fields. The bill simplifies qualifications for arbitrators in property valuation appeals by mandating only that the arbitrator be experienced in property taxation and hold a Colorado real estate appraiser license.
  • SB 14-102Concerning the Addition of Employment Positions Held at Financial Institutions to the Circumstances Under Which an Employer May Use Consumer Credit Information for Employment Purposes, by Sen. Jessie Ulibarri and Reps. Bob Gardner and Paul Rosenthal. The bill allows bank to use consumer credit information during or before employment for employment purposes.
  • HB 14-1060Concerning the Authority of a Municipality to Compensate Members of a Municipal Planning Commission, by Rep. Diane Mitsch Bush and Sen. Gail Schwartz. The bill allows municipalities to compensate members of planning commissions.
  • HB 14-1079Concerning an Increase in the Monetary Amount Allowed for the Limited Offering Registration Procedure Under the “Colorado Securities Act,” by Rep. Pete Lee and Sen. Rachel Zenzinger. The bill increases the limited offering cap for small public offerings from $1 million to $5 million per year.
  • HB 14-1082Concerning a Requirement for Written Notice of Cancellation of Individual Life Insurance Policies, and, in Connection Therewith, Requiring Written Notice Prior to the Lapse of Individual Life Insurance Policies, by Rep. Pete Lee and Sen. Lois Tochtrop. The bill clarifies that life insurance policies can only be cancelled for reasons specified by statute, and written notice must be sent to the last known address of the insured prior to cancellation.
  • HB 14-1125Concerning the Circumstances Under which a Unit Owners’ Association May Disclose Contact Information for Members and Residents Under the “Colorado Common Interest Ownership Act,” by Rep. Diane Mitsch Bush and Sen. David Balmer. The bill allows owners’ associations to publish contact information for consenting members.
  • HB 14-1171Concerning Rules on Forensic Medical Evidence in Sexual Assault Cases, by Rep. Frank McNulty and Sen. Ellen Roberts. The bill eliminates the need for further rule-making regarding sexual assault examination consent forms.
  • HB 14-1183Concerning the Reinstatement of the Authority for Active Military Personnel to Practice Professionally, by Rep. Rhonda Fields and Sen. Matt Jones. The bill exempts active military personnel from automatic expiration of professional licenses.
  • HB 14-1223Concerning the Reclassification of Dolores County for the Purpose of Statutory Provisions Fixing the Salaries of County Officers, by Rep. Don Coram and Sen. Ellen Roberts. The bill reclassifies Dolores County as a Category V county.

To date, the governor has signed 113 bills into law. Click here for a list of the governor’s 2014 legislative decisions.

e-Legislative Report: March 24, 2014

CBA Legislative Policy Committee

For readers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy-making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions on requests from the various sections and committees of the Bar Association.

The LPC met on Friday, March 21, but did not take any new positions on legislation.

At the Capitol—Week of March 17

A scorecard of the committee and floor work follows.

In the House

Monday, March 17

Passed 3rd Reading:

  • HB 14-1285. Concerning a requirement that a professional tax preparer provide certain disclosures to a client when preparing tax documents for the client. The CBA LPC took a neutral position on the bill but authorized the Taxation Section to seek an exemption for attorneys; the Taxation Section was successful in amending the bill. Vote: 36 yes and 29 no.
  • SB 14-102. Concerning the addition of employment positions held at financial institutions to the circumstances under which an employer may use consumer credit information for employment purposes. Vote: 60 yes and 5 no.
  • SB 14-137. Concerning certification of workers’ compensation insurance forms. Vote: 65 yes and 0 no.
  • SB 14-89. Concerning a prohibition for the state to enter into an agreement for a payment in lieu of taxes. Vote: 36 yes and 29 no.
  • HB 14-1299. Concerning the repeal of the six-year limitation on applying a salvage brand to a motor vehicle whose cost of being repaired exceeds the value of the vehicle without the recent damage. Vote: 43 yes and 22 no.

Tuesday, March 18

  • HB 14-1260. Concerning the creation of three mandatory minimum presumptive ranges for defendants convicted of a felony sex offense involving intrusion against a child who is under 12 years of age when the adult defendant is at least 10 years older that has one of the ranges starting at 10 years as the minimum in the range, and, in connection therewith, creating an indeterminate lifetime sentence with a mandatory minimum presumptive range of 10 to 16 years for a class 4 felony; a mandatory minimum presumptive range of 18 to 32 years for a class 3 felony; and a mandatory minimum presumptive range of 24 to 48 years for a class 2 felony. Vote: 65 yes and 0 no.

Wednesday, March 19

Passed on 3rd Reading:

  • SB 14-62. Concerning reinstatement of the parent-child legal relationship. Vote: 64 yes, 0 no, and 1 excused.
  • SB 14-106. Concerning the appropriation of federal mineral lease moneys from the local government permanent fund to the department of local affairs, and, in connection therewith, making an appropriation. Vote: Vote: 52 yes and 13 no.
  • SB 14-109. Concerning the use of the prevention, early detection, and treatment fund, and, in connection therewith, eliminating the annual transfer of two million dollars from the fund to the department of health care policy and financing for medicaid disease management and treatment programs that address cancer, heart disease, and lung disease or risk factors associated with those diseases and increasing the amount annually appropriated from the fund to the prevention services division of the department of public health and environment for the cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment program by two million dollars. Vote: 65 yes and 0 no.
  • SB 14-132. Concerning the repeal of the requirement that a soldier be killed while deployed to a combat zone to issue a fallen soldier license plate. Vote: 65 yes and 0 no.

Friday, March 21

Passed on 3rd Reading:

  • HB 14-1282. Concerning the specification of what materials may be provided in a language other than English by an insurer to a customer. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1057. Concerning the Colorado fraud investigators unit. Vote: 42 yes, 20 no, and 3 excused.
  • HB 14-1291. Concerning authorizing a charter school to employ a school security officer by contract to carry a concealed handgun if the person has a valid concealed carry permit. Vote: 59 yes, 3 no, and 3 excused.
  • SB 14-17.Concerning a limitation on the approval of real estate developments that use water rights decreed for agricultural purposes to irrigate lawn grass. Vote: 36 yes, 26 no, and 3 excused.
  • SB 14-18. Concerning the prohibition against furnishing nicotine products to persons under eighteen years of age. Vote: 43 yes, 19 no, and 3 excused.

In the Senate

Monday, March 17

  • Consent Calendar: Vote 33 yes and 0 no.
    1. HB 14-1107. Concerning the authority of the department of revenue to offer taxpayers the option to receive electronic notices.
    2. HB 14-1129. Concerning the submission by a state agency to a local government of information related to an application to the local government to approve a major utility facility.
    3. HB 14-1125. Concerning the circumstances under which a unit owners’ association may disclose contact information for members and residents under the “Colorado Common Interest Ownership Act.”
  • Passed on 3rd Reading
    1. HB 14-1163. Concerning a clarification of the cap imposed on the enterprise zone investment tax credit. Vote: 19 yes and 16 no.
    2. HB 14-1060. Concerning the authority of a municipality to compensate members of a municipal planning commission. Vote: 20 yes and 15 no.

Tuesday, March 18

  • Consent Calendar: Vote 31 yes, 0 no and 4 excused.
    1. HB 14-1082. Concerning a requirement for written notice of cancellation of individual life insurance policies, and in connection therewith, requiring written notice prior to the lapse of individual life insurance policies.
    2. HB 14-1265. Concerning the regulation of games of chance.
    3. HB 14-1171. Concerning rules on forensic medical evidence in sexual assault cases.
  • Passed on 3rd Reading
    1. HB 14-1108. Concerning limits on copayments made by a covered person for physical rehabilitation services. Vote: 19 yes, 12 no, and 4 excused.
    2. HB 14-1191. Concerning the creation of an emergency alert program to notify the public after a serious hit-and-run accident. Vote: 30 yes, 1 no, and 4 excused.

Wednesday, March 19

  • Consent Calendar:
    1. HB 14-1177. Concerning requirements governing meetings of the boards of county commissioners of the larger counties. Vote: 33 yes, 0 no, and 2 excused.
    2. SB 14-143. Concerning payment of amounts awarded through nursing facility provider reimbursement appeals from the medicaid nursing facility cash fund. Vote: 31 yes, 2 no, and 2 absent.
    3. SB 14-92. Concerning the creation of the crime of insurance fraud, and, in connection therewith, making an appropriation. Vote: 33 yes, 0 no, and 2 excused.
  • Passed on 3rd Reading
    1. HB 14-1030. Concerning the establishment of incentives for the development of hydroelectric energy systems. Vote: 19 yes, 0 no.
    2. HB 14-1222. Concerning modification of the terms under which a county may issue tax-exempt private activity bonds on behalf of an eligible applicant for the purpose of financing a geothermal energy project on the applicant’s property. Vote: 21 yes, 12 no, and 2 absent.
    3. HB 14-1117. Concerning the creation of the Colorado premature birth commission. Vote: 24 yes, 9 no, and 2 interim.

Thursday, March 20

Passed on 3rd Reading:

  • HB 14-1092. Concerning the voluntary contribution designation benefitting the Colorado Youth Conservation Corps fund that appears on the state individual income tax return forms. Vote: 20 yes, 9 no, 5 excused, and 1 absent.
  • SB 14-123. Concerning the authority of the peace officers standards and training board, and, in connection therewith, providing additional rule-making authority; raising the maximum fee for certification and skills exams; allowing awarding grants to nonprofit organizations; denying certification for municipal violations; and making an appropriation. Vote: 18 yes, 11 no, 5 excused, and 1 absent.

Friday, March 21

  • Consent Calendar: Vote: 33 yes, 0 no, and 2 excused.
    1. HB 14-1148. Concerning guidelines for ensuring the rights of victims of crime to participate in the criminal justice system.
    2. HB 14-1206. Concerning modifications to the “Colorado Charitable Solicitations Act,” and, in connection therewith, prohibiting certain charitable solicitation practices, modifying the secretary of state’s fining authority, adjusting registration statement requirements, and specifying requirements for appointing registered agents.

Stay tuned for Ten Bills of Interest.

Bill to Increase Number of Judges in 18th Judicial District and More Signed by Governor

Governor Hickenlooper has continued to sign bills into law this week. Some of the legislation signed into law includes bills prohibiting greyhound racing, creating the Rural Economic Development Initiative, adding judges to the Eighteenth Judicial District, encouraging enrollment of people with developmental disabilities in appropriate programs, and regarding recording of deeds. These bills and more are summarized here.

  • HB 14-1146Concerning a Prohibition Against Greyhound Racing in Colorado, by Rep. KC Becker and Sen. Lois Tochtrop. The bill bans greyhound racing in Colorado; Colorado has not had a greyhound race track since 2008.
  • HB 14-1241Concerning a Supplemental Appropriation to the Department of Local Affairs, by Rep. Crisanta Duran and Sen. Pat Steadman. The bill allows the Office of Economic Development to administer grants to businesses to create jobs in rural areas.
  • HB 14-1050Concerning an Increase in the Number of Judges for the Eighteenth Judicial District, and, In Connection Therewith, Making an Appropriation, by Rep. Daniel Kagan and Sen. Lucia Guzman. The bill increases the number of judges in the Eighteenth Judicial District from 21 to 23.
  • HB 14-1051Concerning a Strategic Plan Enrolling all Eligible Persons with Intellectual and Developmental Disabilities into Programs at the Time Services and Supports are Needed, and, in Connection Therewith, Requiring the Department of Health Care Policy and Financing to Develop and Implement the Strategic Plan and to Report Annually on the Number of Persons Waiting for Services and Support, by Reps. Sue Schafer and Lois Landgraf and Sens. John Kefalas and Larry Crowder. The bill requires CDHCPF to develop plans to enroll eligible applicants in Home- and Community-Based Services at the time they are requested.
  • HB 14-1073Concerning the Recording of Legal Documents, by Rep. Dan Pabon and Sen. George Rivera. The bill amends several statutory sections regarding the recording of legal documents.
  • HB 14-1112Concerning Limited Authorization for a County Clerk and Recorder to Redact the First Five Digits of a Social Security Number from a Public Document Recorded with the Clerk and Recorder at the Request of the Individual to Whom the Social Security Number is Assigned, by Rep. Steve Lebsock and Sens. Jessie Ulibarri and Ellen Roberts. The bill requires county clerks and recorders to redact from public documents the first five digits from a person’s social security number if that person so requests.
  • HB 14-1166Concerning the Renewal of Concealed Handgun Permits by Colorado County Sheriffs, by Rep. Edward Vigil and Sen. Lois Tochtrop. The bill allows a holder of a concealed weapons permit to renew the permit with a sheriff other than the one who originally issued the permit.

To date, the governor has signed 57 bills into law this legislative session. For a complete list of Governor Hickenlooper’s 2014 legislative decisions, click here.

e-Legislative Report: March 10, 2014

CBA Legislative Policy Committee

For readers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy-making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions on requests from the various sections and committees of the Bar Association.

Action taken at the LPC meeting on Friday, March 7:

  • The Committee voted to take a neutral position on HB 14-1285. Concerning a requirement that a professional tax preparer provide certain disclosures to a client when preparing tax documents for the client but suggest amendments to exclude attorneys from the application of the act.
  • The Committee voted to support and offer amendments to SB 14-98 Concerning clarifications to statutory language on crimes against at-risk elders.

At the Capitol—Week of March 3

A scorecard of the committee and floor work follows.

In the House

Monday, March 3

Passed 3rd Reading:

  • HB 14-1171. Concerning rules on forensic medical evidence in sexual assault cases. Vote: 59 yes, 0 no, and 6 excused.
  • SB 14-48. Concerning use of the most recent United States census bureau mortality table as evidence of the expectancy of continued life of any person in a civil action in Colorado. Vote: 59 yes, 0 no, and 6 excused.
  • HB 14-1002. Concerning the establishment of a grant program under the “Colorado Water Quality Control Act” to repair water infrastructure impacted by a natural disaster, and, in connection therewith, making an appropriation. Vote: 51 yes, 8 no, and 6 excused.
  • HB 14-1003. Concerning the exemption from state income tax of income that is earned by a nonresident individual working temporarily in the state to assist with disaster emergency relief activities, and, in connection therewith, making an appropriation. Vote: 59 yes, 0 no, and 6 excused.
  • HB 14-1006. Concerning the remittance of the marketing and promotion tax collected by lodging establishments in a local marketing district, and, in connection therewith, making an appropriation. Vote: 53 yes, 3 no, and 6 excused.

Tuesday, March 4

Passed 3rd Reading:

  • SB 14-83. Concerning reimbursement to be paid by a county to the state for costs incurred by the state in connection with the reappraisal of property in the county. Vote: 60 yes, 0 no, and 5 excused.
  • HB 14-1206. Concerning modifications to the “Colorado Charitable Solicitations Act,” and, in connection therewith, prohibiting certain charitable solicitation practices, modifying the secretary of state’s fining authority, adjusting registration statement requirements, and specifying requirements for appointing registered agents. Vote: 60 yes, 0 no, and 5 excused.
  • HB 14-1017. Concerning measures to expand the availability of affordable housing in the state, and, in connection therewith, making modifications to statutory provisions establishing the housing investment trust fund, the housing development grant fund, and the low-income housing tax credit; and making an appropriation. Vote: 36 yes, 24 no, and 5 excused.

Thursday, March 6

Passed on 3rd Reading:

  • HB 14-1186. Concerning the release of medical records to a person other than the patient, and, in connection therewith, setting reasonable fees to be paid for the release of the medical records. Vote: 58 yes, 0 no, and 7 absent or excused.
  • HB 14-1089. Concerning the qualification for a person to use the 10th mountain division license plate. Vote: 53 yes, 8 no, and 4 absent or excused.
  • HB 14-1148. Concerning guidelines for ensuring the rights of victims of crime to participate in the criminal justice system. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-105. Concerning the elimination of the requirement that a portion of the fees collected for the water resources cash fund be transferred to the state general fund. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-107. Concerning the continuation of the department of law’s authority to accept gifts, grants, and donations. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-120. Concerning the continuous appropriation of certain amounts in the state employee workers’ compensation account in the risk management fund. Vote: 52 yes, 9 no, and 4 absent or excused.
  • HB 14-1274. Concerning the modification of certain limitations on the managers of a bank chartered by Colorado. Vote: 61 yes, 0 no, and 4 absent or excused.
  • HB 14-1271. Concerning extending a mental health provider’s duty to warn to include specific entities that, if purposefully damaged or attacked as a result of a mental health patient’s violent behavior, would jeopardize public health and safety. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-59. Concerning eliminating the statute of limitations for offenses that accompany sex offenses that are not subject to a statute of limitations. Vote: 58 yes, 3 no, and 4 absent or excused.
  • SB 14-9. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property. Vote: 46 yes, 15 no, and 4 absent or excused.

Friday, March 7

Passed on 3rd Reading:

  • HB 14-1042. Concerning access by birth parents to records relating to the relinquishment of parental rights, and, in connection therewith, making an appropriation. Vote: 61 yes, 0 no, and 4 excused.
  • HB 14-1257. Concerning the authority of the state auditor to conduct a performance audit of the Colorado health benefit exchange. Vote: 60 yes, 1 no, and 4 excused.
  • SB 14-43. Concerning the inclusion of certain land areas used to grow products that originate above the ground within the classification of “all other agricultural property” for property tax purposes. Vote: 61 yes, 0 no, and 4 excused.

In the Senate

Tuesday, March 4

Passed on 3rd Reading:

  • Consent Calendar: Vote: 34 yes, 0 no, and 1 excused.
    1. HB 14-1112. Concerning limited authorization for a county clerk and recorder to redact the first five digits of a social security number from a public document recorded with the clerk and recorder at the request of the individual to whom the social security number is assigned.
    2. HB 14-1051. Concerning a strategic plan for enrolling all eligible persons with intellectual and developmental disabilities into programs at the time services and supports are needed, and, in connection therewith, requiring the department of health care policy and financing to develop and implement the strategic plan and to report annually on the number of persons waiting for services and supports.
    3. HB 14-1174. Concerning the sunset review of the natural areas council. Vote: 33 yes, 1 no, and 1 excused.
  • SB 14-22. Concerning certified community development financial institutions, and, in connection therewith, authorizing such institutions to serve as a qualified holder and to present a request for full or partial release of collateral pledged without presentation of the original promissory note. Vote: 19 yes, 15 no, and 1 excused.
  • HB 14-1073. Concerning the recording of legal documents. Vote: 33 yes, 1 no, and 1 excused.
  • HB 14-1052. Concerning an increase in the enforcement authority of ground water management districts. Vote: 22 yes, 12 no, 1 excused.
  • HB 14-1122. Concerning provisions to keep legal marijuana from underage persons. Vote: 34 yes, 0 no, and 1 excused.
  • HB 14-1166. Concerning the renewal of concealed handgun permits by Colorado county sheriffs. Vote: 34 yes, 0 no, and 1 excused.

Wednesday, March 5

Passed on 3rd Reading:

  • HB 14-1065. Concerning limits on indemnification provisions in motor carrier transportation contracts. Vote: 33 yes and 2 no.
  • HB 14-1121. Concerning notice requirements for county highway contract bid solicitations, and, in connection therewith, increasing the threshold value of a contract for which a county must advertise in a newspaper in the county or post notice in the county courthouse from five thousand dollars to the amount at which a contract requires a contractor’s bond. Vote: 22 yes and 13 no.

Friday, March 7

Passed on 3rd Reading:

  • Consent Calendar: Vote 34 yes, 0 no and 1 excused.
    1. HB 14-1229. Concerning authorizing sharing information between state and local government agencies related to legal marijuana.
    2. HB 14-1215. Concerning the ability of a federal home loan bank to enforce its rights with regard to collateral subject to a security agreement.
    3. HB 14-1183. Concerning the reinstatement of the authority for active military personnel to practice professionally. Vote: 33 yes, 1 no, and 1 excused.

Stay tuned for ten bills of interest.

Filing Fees Amended Along with Forms in Domestic, Probate, Seal My Case, and Other Categories

The Colorado State Judicial Branch continues to revise its JDF forms. In February and March 2014, forms were revised in the Adoption, Appeals, Domestic, Garnishment & Judgment, Probate, and Seal My Case categories, and the filing fees were also amended. Additionally, forms were added to the Seal My Case category regarding juvenile contacts with law enforcement that do not result in referrals to other agencies.

Forms are available here for download in PDF format. Forms are available as Word documents from the State Judicial website.

ADOPTION

  • JDF 526 - ”Affidavit of Diligent Efforts” (R2/14)

APPEALS

  • JDF 126 – “Instructions to File a Small Claims or County Civil Appeal” (R2/14)

DOMESTIC

  • JDF 211 – “Motion to Reduce Payment for ODR Services and Supporting Financial Affidavit” (R3/14)
  • JDF 1804 – “Income Withholding for Support” (R2/14)

FEES

  • JDF 1 – “Filing Fees, Surcharges, and Costs in Colorado Courts” (R2/14)
  • JDF 205 - “Motion to File Without Payment of Filing Fee/Waive Other Costs Owed to the State and Supporting Affidavit” (R3/14)

GARNISHMENTS & JUDGMENTS

  • JDF 125 – “Order for Revival of Judgment” (R3/14)

PROBATE

  • JDF 998 – “Instructions for Completing Affidavit for Collection of Personal Property” (R2/14)
  • JDF 999 – “Collection of Personal Property by Affidavit” (R2/14)

SEAL MY CASE

  • JDF 301 – “Instructions to File an Expungement Juvenile ‘JD’ Case, Criminal ‘CR’ Case, or Municipal Case” (R3/14)
  • JDF 302 – “Petition for Expungement of Records” (R3/14)
  • JDF 303 – “Notice of Hearing on Petition for Expungement” (R3/14)
  • JDF 304 – “Order of Expungement of Records” (R3/14)
  • JDF 324 – “Petition for Expungement of Records for a Law Enforcement Contact Not Resulting in a Referral to Another Agency” (Added 3/14)
  • JDF 325 – “Notice of Hearing on Petition for Expungement of Records for a Law Enforcement Contact Not Resulting in a Referral to Another Agency” (Added 3/14)
  • JDF 326 – “Order of Expungement of Records for a Law Enforcement Contact Not Resulting in a Referral to Another Agency” (Added 3/14)

Click here for all of State Judicial’s JDF forms.

Colorado Supreme Court: Reformation Not Necessary for Commercial Option Entered Into Prior to Enactment of Statutory Rule Against Perpetuities Act

The Colorado Supreme Court issued its opinion in Atlantic Richfield Co. v. Whiting Oil & Gas Corp. on Monday, March 3, 2014.

Equity Oil Company—Reformation of Future Interests in Property—Statutory Rule Against Perpetuities Act—Common Law Rule Against Perpetuities—Nondonative Transfers

In this case, the Supreme Court considered whether a nondonative, commercial option entered into before the passage of the Statutory Rule Against Perpetuities Act is subject to reformation under CRS § 15-11-1106(2). As a threshold matter, the Court examined whether the option violated the common law rule against perpetuities, and concluded that it does not. Because the commercial option negotiated by the parties was fully revocable, it posed no practical restraint on alienation, and did not violate the common law rule against perpetuities as that rule was construed in Supreme Court case law before passage of the Statutory Rule Against Perpetuities Act.

The Court held that because the option did not violate the common law rule against perpetuities, no reformation was necessary. Accordingly, the Supreme Court affirmed the judgment of the court of appeals on different grounds, and did not reach the questions of whether § 15-11-1106(2) provides for reformation of nondonative, commercial instruments, or whether the lower courts’ application of that section to the option here was unconstitutionally retrospective.

Summary and full case available here.

e-Legislative Report: March 3, 2014

CBA Legislative Policy Committee

For readers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy-making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions on requests from the various sections and committees of the Bar Association.

Action taken at Feb. 28 LPC meeting:

  • The Committee voted to include a provision to the upcoming CBA Trusts and Estates Probate Code Omnibus legislation that is coming to a legislature near year you. The amendment provides a method for dealing with personal property that is secured by real property. This language will fit in with the small estate affidavit procedural changes previously approved by the LPC. The changes are CBA sponsored.
  • The Committee voted to support Parts 4 & 6 of the Uniform Power of Appointment Act (“UPOAA”) as prepared by the Trusts and Estates Committee who has previously navigated Parts 1–3 through the CBA approval process. The CBA will inform the Colorado Uniform Law Commissioners of the latest development and assist in obtaining a late bill. The UPOAA is CBA supported legislation.

At the Capitol—Week of Feb. 24

A scorecard of the committee and floor work follows.

In the House

Monday, Feb. 24

Passed 3rd Reading:

  • SB 14-52. Concerning actions taken to remediate soil erosion creating property damage. Vote: 65 yes and 0 no.
  • HB 14-1152. Concerning passive surveillance records of governmental entities. Vote: 63 yes and 2 no.
  • SB 14-67. Concerning aligning certain state medical assistance programs’ eligibility laws with the federal “Patient Protection and Affordable Care Act.” Vote: 37 yes and 28 no.
  • HB 14-1184. Concerning conservancy districts that are organized for the purpose of preventing floods. Vote: 65 yes and 0 no.
  • HB 14-1193. Concerning requirements governing the imposition of a fee for the research and retrieval of public records under the “Colorado Open Records Act.” Vote: 41 yes and 24 no.
  • HB 14-1265. Concerning the regulation of games of chance. Vote: 63 yes and 2 no.
  • HB 14-1222. Concerning modification of the terms under which a county may issue tax-exempt private activity bonds on behalf of an eligible applicant for the purpose of financing a geothermal energy project on the applicant’s property. Vote: 39 yes and 36 no.
  • HB 14-1228. Concerning the repeal of certain requirements for defensive driving schools attended in accordance with a court order resulting from a violation of a law regulating the operation of a motor vehicle. Vote: 63 yes and 2 no.

Tuesday, Feb. 25

Passed 3rd Reading:

  • HB 14-1114. Concerning the administration of earned time by the state department of corrections. Vote: 57 yes, 6 no, and 2 excused.
  • HB 14-1142. Concerning a prohibition against the off-site electronic sale of lottery tickets by the Colorado lottery commission. Vote: 49 yes, 14 no, and 2 excused.
  • HB 14-1163. Concerning a clarification of the cap imposed on the enterprise zone investment tax credit. Vote: 37 yes, 26 no, and 2 excused.
  • HB 14-1028. Concerning a limitation on the United States’ ability to impose conditions on a water right owner in exchange for permission to use land. Vote: 39 yes, 24 no, and 2 excused.

Wednesday, Feb. 26

Passed on 3rd Reading:

  • HB 14-1034. Concerning the creation of a wine packaging permit to allow certain alcohol beverage licensees to package wine produced by another wine manufacturer, and, in connection therewith, making an appropriation. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1082. Concerning a requirement for written notice of cancellation of individual life insurance policies, and in connection therewith, requiring written notice prior to the lapse of individual life insurance policies. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1254. Concerning a requirement to disclose fees charged to a unit owners’ association by a community association manager. Vote: 53 yes, 8 no, and 3 excused.
  • HB 14-1191. Concerning the creation of an emergency alert program to notify the public after a serious hit-and-run accident. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1210. Concerning a requirement that a state agency enter into an intergovernmental agreement with a county to address wildland fires affecting certain state lands located within the county. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1188. Concerning revenue generated from the outdoor advertising program administered by the department of transportation. Vote: 61 yes, 0 no, and 3 excused.

Thursday, Feb. 27

Passed on 3rd Reading:

  • HB 14-1054. Concerning restricting access by minors to artificial tanning devices, and, in connection therewith, making an appropriation. Vote: 33 yes, 31 no, and 1 excused.
  • HB 14-1108. Concerning limits on copayments made by a covered person for physical rehabilitation services. Vote: 37 yes, 27 no, and 1 excused.

Friday, Feb. 28

Passed on 3rd Reading:

  • HB 14-1100. Concerning the use of title documents to give notice of characteristics of motor vehicles that affect a vehicle’s value, and, in connection therewith, making an appropriation. Vote: 59 yes, 3 no, and 3 excused.
  • SB 14-76. Concerning the creation of a hard rock mining permit issued by the division of reclamation, mining, and safety for mining operations disturbing no more than five acres of surface area. Vote: 62 yes, 0 no, and 3 excused.

In the Senate

Monday, Feb. 24

Passed on 3rd Reading:

  • Consent Calendar: Vote: 35 yes and 0 no.
    1. HB 14-1074. Concerning payments that a nonprofit owner of a tax-exempt property may receive for reasonable expenses incurred without affecting the tax-exempt status of the property.
    2. HB 14-1018. Concerning the requirement that the department of revenue prepare a tax profile and expenditure report every two years.
    3. HB 14-1056. Concerning clarification of the statutes relating to the registration of collector’s item motor vehicles to specify that certain special emission inspection requirements for collector’s item motor vehicles registered prior to the enactment of House Bill 13-1071 continue to apply to those vehicles until they are transferred.
    4. HB 14-1010. Concerning corrections to statutory provisions relating to the prescribed burning program administered by the division of fire prevention and control in the department of public safety.
  • SB 14-17. Concerning a limitation on the approval of real estate developments that use water rights decreed for agricultural purposes to irrigate lawn grass. Vote: 24 yes and 11 no.
  • SB 14-18. Concerning the prohibition against furnishing nicotine products to persons under eighteen years of age. Vote: 25 yes and 10 no.

Tuesday, Feb. 25

Passed on 3rd Reading:

  • Consent Calendar: Vote: 35 yes and 0 no.
    1. HB 14-1059, by Representative(s) Garcia; also Senator(s) Crowder—Concerning clarifying that the ritual discharge of blank ammunition cartridges at a military funeral does not constitute the criminal offense of disorderly conduct.
    2. HB 14-1079. Concerning an increase in the monetary amount allowed for the limited offering registration procedure under the “Colorado Securities Act.”
  • HB 14-1024. Concerning the designation of the claret cup cactus as the state cactus. Vote: 28 yes and 7 no.

Wednesday, Feb. 26

Passed on 3rd Reading:

  • Consent Calendar:
    1. SB 14-142. Concerning an exception for certain water system facilities from the facilities that the commissioner of agriculture has a duty to inspect regarding pesticide storage. Vote: 34 yes, 0 no, and 1 excused.
    2. HB 14-1050. Concerning an increase in the number of judges for the eighteenth judicial district, and, in connection therewith, making an appropriation. Vote: 33 yes, 1 no, and 1 excused.
    3. SB 14-49. Concerning endangering public utility transmission, and, in connection therewith, making an appropriation. Vote: 34 yes, 0 no, and 1 excused.
  • HB 14-1005. Concerning clarification of the requirements applicable to a change of point of water diversion. Vote: 34 yes, 0 no, and 1 excused.
  • SB 14-129. Concerning changes to criminal provisions related to marijuana. Vote: 32 yes, 2 no, and 1 excused.

Thursday, Feb. 27

Passed on 3rd Reading:

  • SB 14-93. Concerning equivalent authority for pipeline companies to acquire right-of-way. Vote: 24 yes, 10 no, and 1 excused.

Friday, Feb. 21

Passed on 3rd Reading:

  • HB 14-1022. Concerning alignment of the duration of the child care authorization notice with the child care assistance eligibility period for children participating in the Colorado child care assistance program. Vote: 33 yes, 0 no, and 2 excused.
  • SB 14-29. Concerning the establishment of a paint stewardship program for the environmentally sound disposal of postconsumer architectural paint. Vote: 18 yes, 15 no, and 2 excused.

Stay tuned for 10 Bills of Interest.

Call for Nominations for Trust & Estate Section Sterling Ambler Award

Each year, the CBA Trust & Estate Section presents its Sterling Ambler Award to an outstanding trust and estate attorney who has made significant and multitudinous contributions to the Trust & Estate Section and the legal profession. The Award is given to an individual who has contributed substantially to furtherance of Colorado law, education of others, and the Trust and Estate Section of the Colorado Bar Association. It is named in honor of R. Sterling Ambler, an exceptional attorney who practiced law in Colorado for over 50 years and who gave freely of his time and expertise to individual lawyers, to the Colorado Bar Association, and to the legal profession, until his death in 2004 at the age of 72.

Sterling was skilled in the law, but he also excelled at writing, debating, and refining statutory language and ideas. He worked on many legislative proposals and willingly considered new ideas and developments in the law. His diplomacy and insights were often useful in bridging differences among lawyers, sections of the Bar, and the legislature. He was selfless in advancing the law as a whole over his own personal interests. Sterling Ambler will be remembered for his sense of humor, his quiet unassuming way, and his willingness to accept help from others and to freely share his wealth of knowledge of the law.

Criteria for eligibility for the Sterling Ambler Award include significant years of contribution to the Trust & Estate Section and the legal profession, as well as multiple areas of contribution, including but not limited to building connections between sections of the CBA, helping advance the legislative agenda of the CBA, participation in Trust & Estate Section committee meetings, assisting less experienced attorneys, and participation in professional organizations.

The nomination form is available here and must be submitted no later than April 30 to Melissa Schwartz, secretary/treasurer of the Trust & Estate Section, or Andrea Mueller Arias of the CBA.

In Memoriam: Denver Probate Judge Field C. Benton

Former Denver Probate Judge Field C. Benton passed away last week at the age of 87. Judge Benton received both his undergraduate and law degrees from the University of Colorado, and he was admitted to practice in Colorado in 1951. Judge Benton’s true calling was the law, and he served as a lawyer, judge, and senior judge for over 40 years. Additionally, he served in both the U.S. Army and the Navy. He was passionate about fly fishing and enjoyed spending time outdoors.

A memorial service for Judge Benton will be held on Thursday, February 20, 2014, at 11:00 a.m. at St. John’s Episcopal Cathedral, 1350 Washington St. in Denver. In lieu of flowers, the family requests that donations be made to the Denver Dumb Friends League, Brookdale Hospice, or a charity of your choice.