July 18, 2019

Archives for February 17, 2012

SB 12-066: Expanding Eligibility for Guardianship Assistance

On January 13, 2012, Sen. Jeanne Nicholson and Rep. Bob Gardner introduced SB 12-066 – Concerning Expanding Those Persons Eligible As Guardians in the Guardianship Assistance Program to Include Persons Ascribed By the Family As Having a Family-Like Relationship with the Child. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Persons ascribed by a family as having a family-like relationship with the child or who have had a prior significant relationship with the child are added to the type of individuals eligible to participate in the guardianship assistance program. On February 8, the Senate passed the bill on 3rd Reading. The bill awaits its committee of reference assignment in the House.

Since this summary, the bill was assigned to the House Judiciary Committee.

Summaries of other featured bills can be found here.

SB 12-058: Creating the Venture Capital Advisory Board

On January 13, 2012, Sen. Rollie Heath introduced SB 12-058 – Concerning the Creation of the Venture Capital Advisory Board. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes the venture capital advisory board. The advisory board is required to create a report regarding venture capital investment in the state, provide the report to the general assembly, and present the report to the economic and business development committee of the House of Representatives and the business, labor, and technology committee of the senate. A copy of the report will be available on the web site maintained by the Colorado economic development commission. On February 1, the Business, Labor, and Technology Committee referred the unamended bill to the full Senate for consideration on 2nd Reading.

Since this summary, the bill passed a 2nd Reading and has been laid over daily for 3rd Reading.

Summaries of other featured bills can be found here.

SB 12-060: Improving Reporting and Recovery for Medicaid Fraud

On January 13, 2012, Sen. Ellen Roberts introduced SB 12-060 – Concerning Improving Medicaid Fraud Prosecution. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the department of health care policy and financing (HCPF) to submit a written report annually to the health and environment and judiciary committees of the House of Representatives and to the health and human services and judiciary committees of the senate concerning client fraud in the medical assistance program. In addition, the attorney general’s office is required to submit a written report annually concerning provider fraud.

The bill also changes the amount of a county’s share of recoveries of fraudulently obtained medical assistance when the recovery is initiated by a county department, county board, district attorney, or HCPF on behalf of the county. Instead of sharing one-half of the state funds paid with the state, the county may retain the full amount of the recovery after payment of the federal government’s share. On February 2, the Health and Human Services Committee referred an amended version of the bill to the Appropriations Committee for consideration of the fiscal impact.

Summaries of other featured bills can be found here.

SB 12-054: Protecting Health Care Workers from Employer Retaliation for Using Best Judgment

On January 13, 2012, Sen. Betty Boyd introduced SB 12-054 – Concerning Protection for Employees of Licensed Health Care Facilities Who Exercise Their Own Judgment. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

A licensed health care facility or its agent is prohibited from retaliating against an employee of the licensed health care facility who performs an act or omits an act:

  • That, in the best medical judgment of the employee using the best available practices, is in the best interest of the patient; or
  • When following a patient’s directive.

The bill is assigned to the Health and Human Services Committee; the bill is scheduled for committee review on Thursday, February 16 at 1:30 p.m.

Since this summary, the bill was postponed indefinitely by the Senate Committee on Health and Human Services.

Summaries of other featured bills can be found here.

SB 12-052: Increasing the Business Personal Property Tax Exemption

On January 13, 2012, Sen. Mark Scheffel and Rep. Kevin Priola introduced SB 12-052 – Concerning a Property Tax Exemption for Business Personal Property. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, the amount of the exemption from property tax for business personal property listed on a single personal property schedule is $5,500 for the current property tax year cycle, $7,000 for the next property tax year cycle, and an inflation-adjusted amount for each property tax year cycle thereafter. The bill increases the business personal property exemption to $14,000 for the next property tax year cycle, which in turn increases the future inflation-adjusted amount of the exemption.

For a period of 10 years, the bill also exempts a portion of the business personal property of a state-assessed public utility through the creation of a valuation cap. The valuation cap is based on the actual value of the public utility’s operating property and plant for the 2011 property tax year, or a later property tax year in the case of a new public utility, with an incremental increase each year thereafter during the 10-year period. The value of property above the cap is deemed attributable to business personal property, unless the property tax administrator determines otherwise. The bill is assigned to the Finance Committee; the bill is scheduled for committee review on Thursday, February 16 Upon Adjournment (generally, sometime between 9:30 a.m. and 12:00 p.m.

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

Summaries of other featured bills can be found here.

Tenth Circuit: Unpublished Opinions, 2/16/12

On Thursday, February 16, 2012, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.

Unpublished

Robinson v. Davis

 Grynberg Production Corp. v. Susman Godfrey, L.L.P.

Jones v. Courtney

United States v. Lewis

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

SB 12-050: Eliminating Automated Vehicle Identification Systems and Prohibiting Traffic Citation Cameras

On January 11, 2012, Sen. Scott Renfroe and Rep. Randy Baumgardner introduced SB 12-050 – Concerning the Elimination of the Use of Automated Vehicle Identification Systems for Traffic Law Enforcement. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill repeals the authorization for municipalities to use automated vehicle identification systems to identify violators of traffic regulations and issue citations based on photographic evidence, and creates a prohibition on such activity. The bill is assigned to the Transportation Committee; the bill is scheduled for committee review on Tuesday, February 21 at 2:00 p.m.

Summaries of other featured bills can be found here.

HB 12-1105: Wind Energy Rights Not Severable From Surface Property

On January 19, 2012, Rep. Jon Becker introduced HB 12-1105 – Concerning Wind Energy Property Rights. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes a nonseverable wind energy right in real property. On January 30, the Agriculture, Livestock, & Natural Resources Committee amended the bill and sent it to the House floor for consideration by the full House on 2nd Reading.

Summaries of other featured bills can be found here.

HB 12-1101: Clarifying the Mental State Necessary for Identity Theft

On January 18, 2012, Rep. Mark Barker introduced HB 12-042 – Concerning the Culpable Mental State for Identity Theft. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill clarifies certain statutory language describing the offenses of identity theft. To commit identity theft, it is not necessary that a person be aware that the personal identifying information, financial identifying information, or financial device involved in the commission of the offense belongs to another person. On February 2, the Judiciary Committee amended the bill and sent it to the Appropriations Committee for consideration of the fiscal impact.

Summaries of other featured bills can be found here.

HB 12-1095: Conforming Statutory Language Related to Electronic Warrants to Language in Court Rules

On January 17, 2012, Rep. Mark Waller introduced HB 12-042 – Concerning Electronic Court Documents. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill conforms statutory language related to electronic warrants to the language in court rules. The bill is assigned to the Judiciary Committee; the bill is scheduled for committee review on Tuesday, February 21 at 1:30 p.m.

Summaries of other featured bills can be found here.