July 22, 2018

Archives for May 6, 2011

HB 11-1310: Extending the Time Allowed for the Fundraising Efforts for the Restoration of the State Capitol Dome

On April 27, 2011, Rep. Jerry Sonnenberg, R-Sterling, and Sen. Bob Bacon, D-Fort Collins, introduced HB 11-1310 – Concerning the funding for the restoration of the state capitol dome. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Capital Development Committee. The bill extends the time allowed for the fund-raising efforts undertaken by a nonprofit statewide historic preservation organization and marketing firm for the restoration of the state capitol dome.

The bill also requires the department of personnel, in cooperation with the entities undertaking the fund-raising efforts, to calculate the value of any in-kind gifts and donations received and to present such calculations to the capital development committee for approval.

The bill:

  • Makes the transfer for the fiscal year commencing July 1, 2010, from the state historical fund for the restoration of the state capitol dome subject to the dollar-for-dollar reduction by the moneys deposited into the capitol dome restoration trust fund.
  • Transfers an additional amount up to $5 million for the fiscal year commencing July 1, 2013, subject to the same dollar-for-dollar reduction.
  • Clarifies the language referring to an emergency contingency expenditure.
  • Establishes an end-of-project accounting prior to the end of the fiscal year commencing July 1, 2014, based on the final total cost of the dome restoration construction project to ensure that all of the transfers from the state historical fund are reduced, dollar for dollar, by:
    • The combined total of moneys deposited into the capitol dome restoration trust fund;
    • Grants for repairs and safety improvements to the state capitol dome and supporting structures made by the state historical society; Any money received for the recycling of salvaged building materials from the state capitol dome during the construction period; and
    • Any in-kind gifts and donations, such as materials or labor, that resulted in the reduction of the total cost of the construction.

The bill extends the repeal of the statutory section requiring the state architect to report to the capital development committee concerning the progress of repairs and safety improvements to the state capitol dome and supporting structures. On April 28, the State Veterans, and Military Affairs Committee referred the unamended bill to the full House for consideration on 2nd Reading.

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

Summaries of other featured bills can be found here.

HB 11-1313: Extending the One-Dollar Surcharge Collected by Each Clerk and Recorder for Documents Received for Recording or Filing

On April 28, 2011, Rep. Tom Massey, R-Buena Vista, and Sen. Cheri Jahn, D-Arvada, introduced HB 11-1313 – Concerning the extension beyond June 30, 2012, of the one-dollar surcharge collected by each county clerk and recorder for each document received for recording or filing. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill extends to June 30, 2017, the $1 surcharge collected by each county clerk and recorder for each document received by the clerk and recorder for recording or filing. Assigned to the State, Veterans, & Military Affairs Committee; the bill is scheduled for committee review on Wednesday, May 4 at 1:30 p.m.

Since this summary, the bill passed its Third Reading in the House, was introduced in the Senate, and was assigned to the Local Government Committee.

Summaries of other featured bills can be found here.

HB 11-1314: Eliminating Requirement that a Taxpayer in an Enterprise Zone Obtain Pre-Certification Prior to Commencing Activity for Which Taxpayer Will Claim Tax Credit

On April 28, 2011, Rep. Jerry Sonnenberg, R-Sterling, and Sen. Cheri Jahn, D-Arvada, introduced HB 11-1314 – Concerning a repeal of the requirement that a taxpayer located in an enterprise zone obtain pre-certification prior to engaging in an activity for which the taxpayer intends to claim an enterprise zone tax credit. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law requires that, beginning on January 1, 2012, a taxpayer that does business in an enterprise zone shall obtain pre-certification from the enterprise zone administrator before engaging in an activity for which the taxpayer intends to claim an enterprise zone tax credit. Current law also requires that a taxpayer that completes an activity prior to January 1, 2012, for which the taxpayer intends to claim an enterprise zone tax credit, shall submit to the enterprise zone administrator by a certain date any information related to the completed activity that is necessary to receive certification from the enterprise zone administrator. The bill eliminates both of these requirements. Assigned to the Economic & Business Development Committee; the bill is scheduled for committee review on Tuesday, May 3, Upon Adjournment.

Since this summary, the bill passed its Third Reading in the House.

Summaries of other featured bills can be found here.

HB 11-1316: Creating Colorado Avalanche and Denver Nuggets Special License Plates

On April 29, 2011, Rep. Kevin Priola, R-Henderson, and Sen. Mike Johnston, D-Denver, introduced HB 11-1316 – Concerning the creation of certain sports special license plates for Kroenke sports charities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates both the Colorado Avalanche and Denver Nuggets special license plates. A person becomes eligible to use the plates by donating $45 to Kroenke sports charities. In addition to the normal motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. Assigned to the Transportation Committee; the bill is scheduled for committee review on Monday, May 2 at 8:00 a.m.

Since this summary, the bill passed its Third Reading in the House, was introduced in the Senate, and was referred from the Senate Transportation Committee unamended to the Appropriations Committee.

Summaries of other featured bills can be found here.

HB 11-1309: Enacting the Unauthorized Employment and Human Smuggling Prevention Act

On April 27, 2011, Rep. Randy Baumgardner, R-Steamboat Springs, and Sen. Scott Renfroe, R-Greeley, introduced HB 11-1309 – Concerning enactment of the “Unauthorized Employment and Human Smuggling Prevention Act”. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill enacts the “Unauthorized Employment and Human Smuggling Prevention Act”.

The bill specifies that an employer must comply within 20 days after receiving a request from the director of the division of labor in the department of labor and employment for employment verification-related documentation, and grants the director discretion to grant a one-time extension of up to 10 additional business days to an employer. The bill also immunizes from penalty an employer who made a good-faith effort to comply with documentation submission requirements.

The bill makes any record that relates to the immigration status of a person admissible in a court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.

The bill directs state and local officials to cooperate with federal authorities in enforcing immigration laws; including allowing a law enforcement agency or officer to securely transport into federal custody a person that the agency has verified is unlawfully present in the country.

The bill allows a peace officer enforcing the law relating to smuggling humans to lawfully stop a person operating a motor vehicle that the officer has reasonable suspicion to believe is in violation of any civil traffic law.

The bill criminalizes the following acts:

  • Stopping and blocking traffic to hire and pick up passengers for work at a different location;
  • If a person knows or recklessly disregards that an unauthorized person has come to, entered, or remains in the United States in violation of law, transporting or moving the unauthorized person in Colorado, in furtherance of the unauthorized person’s unlawful presence, in a means of transportation, or concealing, harboring, or shielding the unauthorized person from detection in any place in Colorado; and
  • Encouraging or inducing an unauthorized person to enter the state when the actor knows or recklessly disregards the fact that the unauthorized person’s entrance will be in violation of law.

The bill also prohibits a person unlawfully in the country from entering a vehicle for the purpose of being transported to work at a different location or from knowingly applying for, soliciting, or performing work in Colorado.

A person who commits one of the above offenses is subject to a fine of $500 per unauthorized person. Each day is a separate violation.

Fines will be deposited in the newly created immigration enforcement mission cash fund, and will be used to reimburse law enforcement authorities for the costs associated with unauthorized persons. Assigned to Agriculture, Livestock, & Natural Resources Committee; the bill is scheduled for committee review on Monday, May 2 at 1:30 p.m.

Since this summary, the bill passed its Third Reading in the House.

Summaries of other featured bills can be found here.

HB 11-1308: Distributing Federal Mineral Leasing Revenues Related to Naval Oil Shale Reserves

On April 27, 2011, Rep. Randy Baumgardner, R-Steamboat Springs, and Sen. Steve King, R-Grand Junction, introduced HB 11-1308 – Concerning the distribution of federal mineral leasing revenues related to naval oil shale reserves to affected counties in Colorado. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill specifies that all moneys received by the state from the United States treasury out of the anvil points fund shall be directly transferred by the state treasurer to the county treasurers of the affected counties as follows:

  • 40% to Garfield county;
  • 40% to Rio Blanco county;
  • 10% to Mesa county; and
  • 10% to Moffat county.

Assigned to the Agriculture, Livestock, & Natural Resources Committee; the bill is scheduled for committee review on Wednesday, May 4, Upon Adjournment.

Since this summary, the bill was postponed indefinitely.

Summaries of other featured bills can be found here.

HB 11-1306: Consolidating the Sunset Review and Repeal of All Functions of DORA’s Division of Insurance

On April 27, 2011, Rep. Kevin Priola, R-Henderson, and Sen. Mary Hodge, D-Brighton, introduced HB 11-1306 – Concerning the schedule for sunset review of the functions of the division of insurance in the department of regulatory agencies. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, all functions of the division of insurance in the department of regulatory agencies, other than those functions related to the licensing of bail bonding agents, are subject to sunset review and repeal on July 1, 2017. The division’s functions related to licensing bail bonding agents are scheduled to sunset on July 1, 2012.

The bill consolidates the sunset review and repeal of all functions of the division, including those functions related to the licensing of bail bonding agents, on July 1, 2017. On April 28, the Economic and Business Development Committee referred the unamended bill to the full House for Consideration on 2nd Reading.

Summaries of other featured bills can be found here.

HB 11-1305: Setting Ratio of Valuation for Assessment for Residential Property at 7.96% through 2012 Tax Year

On April 26, 2011, Rep. Brian DelGrosso, R-Loveland, and Sen. Mike Johnston, D-Denver, introduced HB 11-1305 – Concerning the adjustment of the ratio of valuation for assessment for residential real property. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill sets the ratio of valuation for assessment for residential real property for the 2011 and 2012 property tax years at 7.96%. On April 27, the Finance Committee referred the unamended bill to the full House for consideration on 2nd Reading.

Since this summary, the bill passed its Third Reading in the House, was introduced in the Senate, and the Finance Committee referred the bill unamended to the Senate Committee of the Whole (Consent Calendar).

Summaries of other featured bills can be found here.

HB 11-1304: Requiring the Ballot Title of a Statewide Measure to be Written in Plain Language

On April 25, 2011, Rep. Libby Szabo, R-Arvada, and Sen. Bill Cadman, R-Colorado Springs, introduced HB 11-1304 – Concerning a requirement that the ballot title of a statewide measure be written in plain language. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the title board, when setting a title for a proposed initiated law or constitutional amendment, to write the title, to the extent possible, in plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning that are understandable to the average reader. The bill requires the same standard for the ballot title of a statewide referred measure. On April 28, the State Veterans, and Military Affairs Committee amended the bill and moved it to the full House for consideration on 2nd Reading.

Since this summary, the bill passed its Second Reading with Amendments in the House.

Summaries of other featured bills can be found here.

HB 11-1303: Amending or Repealing Obsolete or Conflicting Provisions and Clarifying Intent of Provisions within the Colorado Revised Statutes

On April 25, 2011, Rep. Bob Gardner, R-Colorado Springs, and Sen. Greg Brophy, R-Wray, introduced HB 11-1303 – Concerning nonsubstantive revisions of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Committee on Legal Services – Revisor’s Bill. This bill amends or repeals various statutory provisions that are obsolete, inconsistent, or in conflict with other law, clarifies the language to more accurately reflect the legislative intent of the laws, and reconstructs provisions to follow standard drafting format. The specific reasons for each amendment or repeal are set forth in the appendix to this bill.

The amendments made by this bill are nonsubstantive in nature and, as such, are not intended to change the meaning or intent of the statutes, as amended. On April 28, the Judiciary Committee amended the bill and moved it to the full House for consideration on 2nd Reading.

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

Summaries of other featured bills can be found here.

Tenth Circuit: Statement Made to Police Officer that Resulted in Termination Was Not Constitutionally Protected

The Tenth Circuit Court of Appeals issued its opinion in Leverington v. City of Colorado Springs on Thursday, May 5, 2011.

The Tenth Circuit affirmed the district court’s decision. Petitioner worked as a cardiac nurse for Respondents, which is an enterprise of the City of Colorado Springs. However, she was fired from her position after she told a Colorado Springs police officer, during a “less than cordial” traffic stop, that she hoped she never had him as a patient. The officer informed Petitioner’s superiors about her statement, and Respondents terminated her employment. Petitioner sued the officer and Respondents, alleging they violated her First Amendment right of free speech. The Court disagreed with all of Petitioner’s free speech arguments. The “public concern” test does apply to her situation; “her statement on its face indicated that her personal animus toward [the officer] could impact any possible future interaction with him that she might have as a nurse . . . [which is] precisely the kind of speech that that public-concern requirement is designed to ‘weed out.'” Because it was not a matter of public concern, the district court properly dismissed the case.

For similar reasons, Petitioner’s claim against the officer was also rightly dismissed by the district court. In free-speech retaliation claims against “a defendant who is not the plaintiff’s employer and when there is no contractual relationship between them,” success is predicated on a three-part test. Part of that test involves Petitioner proving that she was engaged in constitutionally protected activity. As it has been determined that her speech was not so protected, the officer is entitled to qualified immunity from a free-speech retaliation claim.

Tenth Circuit: Unpublished Opinions, 5/5/11

On Thursday, May 5, 2011, the Tenth Circuit Court of Appeals issued two unpublished opinions in addition to one published opinion.

Unpublished

Condermarin-Caceres v. Holder, Jr.

Driggers v. Clark

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.