August 17, 2018

Archives for May 4, 2012

SB 12-179: Requires All Schools to Comply with Building and Fire Code Regulations; Bars Individuals With Financial Interest from Serving on PSCCA Board

On April 26, 2012, Sen. Gail Schwartz and Rep. Tom Massey introduced SB 12-179 – Concerning Governmental Oversight of Public School Capital Construction Projects. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

On and after July 1, 2012, the bill prohibits an individual who has any financial interest in a potential or funded “Building Excellent Schools Today Act” (BEST) project from serving as a member of the public school capital construction assistance board. The bill requires the BEST board to include information regarding assistance fund revenues and the assistance fund balance in the annual report that it presents to specified committees of the general assembly and to make the report available electronically on the web site of the department of education.

Under current law, the state division of fire safety generally adopts building standards for public school capital construction, conducts plan reviews, permitting, and inspections for public school buildings and structures, and issues certificates of occupancy for the buildings and structures. The division may, however, qualify a local building department to conduct those activities within the department’s jurisdiction, and a school board, a charter school, or the state charter school institute may go to a prequalified appropriate building department rather than the division for required plan reviews, permitting, inspections, and certificate of occupancy issuance. An appeals board considers appeals of the division’s administrative decisions. The bill:

  • Encourages the division to prequalify appropriate building departments whenever feasible and requires a school board that has buildings or structures only within the territory of one municipality or only within the unincorporated territory of one county, a charter school, or the state charter school institute to go to a prequalified appropriate building department, if one is available, in lieu of the division for required plan reviews, permitting, inspections, and certificate of occupancy issuance;
  • Adds the director of the division of public school capital construction assistance in the department of education to the appeals board and clarifies the scope of the board’s powers;
  • Requires the BEST division to conduct supplemental plan reviews for any BEST-funded public school capital construction project for which a prequalified appropriate building department, rather than the division, is conducting necessary plan reviews, issuing building permits, conducting inspections, and issuing a certificate of occupancy; and
  • Requires the BEST division to ensure that the owner’s representative for any BEST–funded project to be constructed pursuant to a design-build contract is wholly independent of the contractor.

The bill is assigned to the Education Committee; committee review is scheduled for Wednesday, May 2 Upon Adjournment.

Since this summary, the bill was amended in the Senate Education Committee and referred to Appropriations, but was recalled for reconsideration by the Education Committee.

Summaries of other featured bills can be found here.

SB 12-178: Modifications to Colorado’s Renewable Energy Portfolio

On April 24, 2012, Sen. Angela Giron and Rep. Keith Swerdfeger introduced SB 12-178 – Concerning the Removal of Enhanced Credits for Purchase of In-State Eligible Energy Resources from the Renewable Energy Standard. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill modifies certain standards from the renewable energy portfolio standards of in-state preferences with respect to:

  • Wholesale distributed generation;
  • The one and one-quarter kilowatt-hour multiplier for each kilowatt-hour of electricity generated from eligible energy resources other than retail distributed generation;
  • The one and one-half kilowatt-hour multiplier for community-based projects; and
  • Policies to provide incentives to qualifying retail utilities to invest in eligible energy resources.

On April 25, the Judiciary Committee approved the unamended the bill and moved it to the Senate floor for consideration on 2nd Reading.

Since this summary, the second reading was laid over daily.

Summaries of other featured bills can be found here.

State Judicial Revises Probate, Adoption, and Small Claims Forms and Instructions

The Colorado State Judicial Branch has issued several revised forms and instructions over the past month. Updates were made in the areas of adoption, probate, and small claims, as well as filing fees. Practitioners should begin using the new forms immediately.

Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word and Excel templates. Download the new forms from State Judicial’s individual forms pages, or below.

Adoption

  • JDF 498“Instructions for Kinship Adoption” (revised 4/12)

Filing Fees

  • Guide“Guide for Determination of Indigency” (revised 4/12)

Probate

  • JDF 906 – “Instructions for Probate With a Will” (revised 4/12)
  • JDF 907 – “Instructions for Probate Without a Will” (revised 4/12)
  • JDF 805 – “Acceptance of Office – Guardianships and Conservatorships” (revised 4/12)

Small Claims

  • JDF 252a – “Motion and Order for Interrogatories – Short Form” (revised 4/12)
  • JDF 252b“Motion and Order for Interrogatories – Long Form” (revised 4/12)

HB 12-1356: Imposing Punitive Sanctions on Local Governments That Interfere with Oil and Gas Production

On April 27, 2012, Rep. Jerry Sonnenberg and Sen. Greg Brophy introduced HB 12-1356 – Concerning a Prohibition on a Local Government that Impacts Oil and Gas Extraction from Receiving Any Moneys from the Local Government Severence Tax Fund. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, moneys in the local government severance tax fund are primarily used for 2 purposes:

  • For the executive director of the Department of Local Affairs to provide grants and loans to political subdivisions impacted by development, processing, or energy conversion of minerals and mineral fuels; and
  • For direct distributions to counties and municipalities based on factors related to oil and gas production.

The bill prohibits any local government that restricts or delays the ability of an oil and gas producer to exercise the producer’s property right as a lessee or owner to extract oil and gas from receiving any grants or direct distributions from the local government severance tax fund.

The bill is assigned to the Assigned to Agriculture, Livestock, & Natural Resources Committee. Committee review of the bill is scheduled for Monday, April 30 at 1:30 p.m.

Summaries of other featured bills can be found here.

HB 12-1355: Transfer of Colorado Geological Survey from the Department of Natural Resources to the Colorado School of Mines

On April 27, 2012, Rep. Cheri Gerou and Sen. Mary Hodge introduced HB 12-1355 – Concerning the Transfer of the Geological Survey to the Colorado School of Mines. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Joint Budget Committee Bill

The bill transfers the powers, duties, and functions of the Colorado geological survey and the office of the state geologist in the Department of Natural Resources to the Colorado School of Mines. The transfer will occur on January 1, 2013. Prior to the transfer, the Department and the School of Mines shall enter into a memorandum of understanding concerning the functions and objectives of the geological survey as transferred to the school of mines, the transfer of employees, the transfer of real and personal property, department contracts, and other specific provisions relating to the transfer. The bill provides for the transfer of unencumbered and unexpended appropriations to the School of Mines.

If the Department and the School of Mines do not enter into a memorandum of understanding on or before December 31, 2012, the transfer will not occur, and the new statutory provisions created in article 41 of title 23 are repealed. The School of Mines shall notify the revisor of statutes if the department and the school of mines enter into the memorandum of understanding.

The bill relocates, with amendments, statutory provisions relating to the geological survey and the office of the state geologist to the statutes governing the School of Mines and makes conforming amendments relating to the transfer. The bill is assigned to the Appropriations Committee; it is not listed on the printed calendar.

Since this summary, the bill was amended in Appropriations and referred to the House Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1354: Requiring that Dog Breeders Provide Humane Environments for the Dogs They Breed

On April 27, 2012, Rep. Wes McKinley introduced HB 12-1354 – Concerning the Requirement that a Dog Breeder Provide Dogs with Access to Solid Flooring in the Cages Where They Are Kept in the Dog Breeder’s Pet Animal Facility. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires a dog breeder to provide dogs with access to sanitary, ventilated, solid flooring in the cages where they are kept in the dog breeder’s pet animal facility. The bill is assigned to the Assigned to Agriculture, Livestock, & Natural Resources Committee. Committee review of the bill is scheduled for Monday, April 30 at 1:30 p.m.

Since this summary, the bill was amended in committee and referred to the House floor, where it was laid over daily for second reading.

Summaries of other featured bills can be found here.

HB 12-1351: Expands Definition of Recycled Energy to Include Electricity Produced Through Combustion of Synthetic Gas Derived from Waste Materials

On April 24, 2012, Rep. Jon Becker and Sen. Lois Tochtrop introduced HB 12-1351 – Concerning Inclusion Under the Renewable Energy Standard’s Definition of Recycled Energy Such Energy that Combusts Gas Generated from Synthetic Gas Derived from Waste Materials Through Pyrolysis as the Fuel Source for Generation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, recycled energy is a type of eligible energy resource that may be used to meet renewable energy standards. The bill adds to the definition of “recycled energy” the energy that is produced by a generation unit with a nameplate capacity of not more than 15 megawatts that combusts gas generated from synthetic gas derived from waste materials through pyrolysis as the fuel source for generation. On April 27, the Appropriations Committee approved the bill and moved it to the floor of the House for consideration on 2nd Reading.

Since this summary, the bill passed a House Second Reading Special Order and Third Reading in the House.

Summaries of other featured bills can be found here.

HB 12-1350: Allowing Qualified Dependent Children of Military Personnel to Pay In-State Tuition Rates for College

On April 24, 2012, Rep. Mark Waller and Sen. Mary Hodge introduced HB 12-1350 – Concerning In-State Tuition Classification for Dependents of Members of the Armed Forces. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill allows an institution of higher education to establish a policy that grants in-state tuition classification to a dependent of an active duty member of the United States armed forces if the dependent enrolls in the institution and graduated from a high school outside of Colorado, so long as the dependent completed at least two years at a high school in Colorado within five years prior to enrollment in the institution. On April 26, the State, Veterans, & Military Affairs Committee approved the bill and moved it to the floor of the House for consideration on 2nd Reading.

Since this summary, the bill passed second and third readings in the House and was introduced to the Senate in the State, Veterans & Military Affairs Committee, where it was unamended and put on the consent calendar for the Senate Committee of the Whole.

Summaries of other featured bills can be found here.