August 24, 2019

Archives for February 24, 2013

Wee Give Children’s Charity Drive Being Hosted by CBA and DBA Young Lawyers Divisions

Thursday, February 21, 2013, marked the kick-off of the 3rd annual Wee Give donation drive to benefit WeeCycle, a local organization that collects gently used baby gear and donates it to needy recipients throughout the city. The Wee Give drive will run through March 31.

WeeCycle is in need of high-demand baby items, such as cribs manufactured after 2011, car seats manufactured after 2008, strollers, pack-and-plays, swings, high chairs, breast pumps, bouncy seats, and unopened formula and diapers. They also accept monetary donations or gift cards to retailers of baby gear, such as Target or Walmart. They do not accept clothes.

Donations may be dropped off at the CBA offices in the Wee Give barrel, or checks can be made out to CBA YLD with “Wee Give” in the memo line. If your firm would like to host a Wee Give barrel, contact Denise Lynch or Carlos Migoya.

SB 13-137: Implementing a Medicaid Fraud Detection System

On Tuesday, January 29, 2013, Sen. Ellen Roberts introduced SB 13-137 – Concerning System Improvements to Prevent Fraud in the Medicaid Program, and, in Connection Therewith, Employing Advanced Data Analytics. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the chief information officer of the office of information technology (office) to design and implement a Medicaid fraud detection system (system) for the purpose of detecting and preventing Medicaid provider and client fraud, waste, and abuse.

The system designed by the chief information officer shall include industry best practices relating to fraud detection and prevention. The chief information officer shall also incorporate emerging strategies and technologies into the system as they become available.

Among other data and information, the system shall utilize Medicaid claims and billing data and information from providers, and state and federal agency data-matching systems.

Utilizing appropriate data-sharing protocols, the bill requires state agencies to provide data and information to the office for purposes of implementing the system.

The bill requires the department of health care policy and financing (state department) to collaborate with the office in the design, implementation, and operation of the system. Consistent with state and federal law concerning data sharing and medicaid records, the state department shall provide necessary data and information to the office concerning medicaid providers and clients.

The state department shall participate in securing funding for the system, as such funding may be available, and shall consider various funding mechanisms for the system. The bill is assigned to the Health & Human Services Committee.

SB 13-126: Requiring Unit Owners’ Associations to Allow Tenants or Unit Owners to Install Vehicle Charging Stations

On Tuesday, January 29, 2013, Sen. Lucia Guzman introduced SB 13-126 – Concerning the Removal of Unreasonable Restrictions on the Ability of the Owner of an Electric Vehicle to Access Charging Facilities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

As introduced, the bill prohibits a landlord or the unit owners’ association of a condominium or common interest community, respectively, from restricting the right of a tenant or unit owner to install an electric vehicle charging system for his or her own use, at the tenant’s or unit owner’s expense, and subject to reasonable safety and insurance requirements.

The bill allows grants to be made from the electric vehicle grant fund to apartment owners, condominiums, and common interest communities to install recharging stations for electric vehicles. On Friday, February 15 the amended bill passed 2nd Reading in the Senate.

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

SB 13-142: Requiring the United States to Cede or Extinguish Title to Agricultural Public Lands and Transfer Title to the State

On Tuesday, January 29, 2013, Sen. Scott Renfroe introduced SB 13-142 – Concerning the Requirement that the Federal Government Extinguish Title to all Agricultural Public Lands and Transfer Title to the State. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the United States to cede or extinguish title to all agricultural public lands and transfer title to the state. The state board of land commissioners is required to manage such agricultural public lands in a way that produces reasonable and consistent income over time by prudently protecting, selling, exchanging, or otherwise disposing of such agricultural public lands. In the event the state board of land commissioners sells agricultural public lands, the United States is entitled to receive 95% of the net proceeds of the sale. The remaining 5% is credited to the internal improvements trust fund. The trust fund is to remain inviolate and intact and only the interest and income earned on the deposit and investment of moneys in the trust fund may be expended and used as follows: 50% is to be credited to the state education fund and 50% may be appropriated by the general assembly for water storage projects recommended by the Colorado water conservation board. On February 11, the State, Veterans, & Military Affairs Committee referred the unamended bill to the Appropriations Committee for consideration of the fiscal impact on the state.

SB 13-145: Reallocating Conservation Trust Funds to Certain Metropolitan Districts that Provide Parks and Recreation Services

On Tuesday, January 29, 2013, Sen. Angela Giron introduced SB 13-145 – Concerning the Reallocation of the Conservation Trust Fund to a Metropolitan District that Provides Parks and Recreation Services Within and Includes Territory Within the Unincorporated Area of a County Only. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

For a metropolitan district (district) that provides parks and recreation services and includes territory exclusively within the unincorporated area of a county that, as of January 1, 2013, has not pledged or otherwise used revenues from its share of conservation trust fund moneys to secure financing that has not yet been fully repaid for a specific project, the reallocation of conservation trust fund moneys is changed, over a 3-year phase-in period, from one-half of the percentage to the full percentage which the district’s population within the county is to the total population of the unincorporated area of the county if the district:

  • Has, as estimated in the July 1, 2012, special district total population estimate of the state demography office of the department of local affairs, 10,000 or more individuals residing within its territory;
  • Has only elected board members;
  • Provides only parks and recreation facilities that are open to the general public, including individuals who are not residents of the district; and
  • When providing its annual certification that it is an entity eligible to receive a conservation trust fund allocation to the division of local government in the department of local affairs (division), informs the division that it prefers to receive a full percentage share.

A county must notify the division when it has fully repaid any financing secured by conservation trust fund moneys. The division may accept gifts, grants, and donations for the purpose of implementing the bill.

The bill is assigned to the State, Veterans, & Military Affairs Committee.

SB 13-124: Amending Definition of “Intermediary” to Hold Intermediaries to the Same Standards as Carriers Regarding Prompt Claim Payment

On Tuesday, January 29, 2013, Sen. John Kefalas introduced SB 13-124 – Concerning Requirements of Intermediaries in the Business of Insurance, and, in Connection Therewith, Enacting the “Consumer Protection Act of 2013.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill adds to the definition of “intermediary” specific functions that an intermediary performs. Intermediaries are held to the same standards as carriers regarding prompt payment of claims. The bill allows the commissioner of insurance to investigate complaints against intermediaries that fail to comply. It also prohibits specific acts by intermediaries and defines the willful violation of the prohibitions as an unfair method of competition and an unfair or deceptive act in the business of insurance. The bill is assigned to the Business, Labor, & Technology Committee.

SB 13-123: Clarifying Provisions Regarding Record Sealing and Waiving Collateral Consequences for Certain Convictions

On Tuesday, January 29, 2013, Sen. Pat Steadman introduced SB 13-123 – Concerning Provisions that Improve the Reintegration Opportunities for Persons Involved in the Criminal Justice System. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law prior to a person’s release on probation or parole the person’s probation or parole officer provides the person with a notice regarding sealing criminal records. The bill specifies what the notice must contain.

The bill provides that a pardon issued by the governor waives all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences. If the governor grants a pardon or a request for clemency, the governor shall provide a copy of the pardon or clemency to the Colorado bureau of investigation, and the Colorado bureau of investigation shall include a note in the individual’s record in the Colorado crime information center that a pardon was issued or clemency was granted.

Under current law, certain drug convictions are subject to sealing; the bill extends sealing to most other crimes. The bill is assigned to the Judiciary Committee.

SB 13-122: Expanding Rights of Criminal Defendants and Amending the Crime of Tax Fraud

On Tuesday, January 29, 2013, Sen. Kent Lambert introduced SB 13-122 – Concerning the Rights of Persons in Criminal Proceedings. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates a new part for criminal defendant’s rights that includes requiring:

  • The prosecution to provide all discovery documents to the defendant at no cost to the defendant;
  • The prosecution to provide all discovery in its possession within 20 days from the defendant’s first appearance and any discovery it receives after that date within 72 hours of the date when the prosecution receives the discovery;
  • The court to provide a written ruling on any motion if the defendant files a motion at least 10 days prior to the trial date; and
  • The court to hold a hearing on a defendant’s motion to dismiss.

The bill states that the statute of limitations on state tax fraud cases begins to run on the date the tax return is due. For tax fraud cases, the case must be tried in the county where the return was filed or delivered and must be prosecuted by the local district attorney.

Under current law certain tax fraud crimes are class 5 felonies. The bill makes those crimes a class 1 misdemeanor if the amount of tax owed is $3,000 or less. For a first offense, the penalty is limited to a fine equal to 25% of the tax owed and up to one year of probation.

The following changes apply only to tax fraud cases. If the United States internal revenue service rules that the defendant has no untaxed federal income for the tax year related to the charges, the court shall dismiss all charges against the defendant with prejudice. If a district attorney is going to charge a person, the district attorney shall notify the person of his or her intent and request that the person surrender to local law enforcement within 24 hours. If the person does not surrender to local law enforcement, the person may be arrested. The court may not set a monetary bond in excess of the amount of tax owed as specified in the charging document excluding interest. If a defendant is acquitted of any tax fraud charge or has a tax fraud charge dismissed by the court or an appellate court, the court shall enter an order for attorney fees and costs and actual damages for the defendant. The district attorney is liable for the attorney fees and costs and actual damages.

If a defendant appeals a tax fraud conviction, all requested transcripts necessary for the appeal shall be delivered to the defendant within 90 days of the defendant’s written request. In a tax fraud appeal, the Colorado Court of Appeals or Supreme Court shall issue its opinion within one year after the defendant files his or her notice of appeal.

The bill creates a civil penalty of $100 for failure to file a state tax return.

The bill is assigned to the Judiciary and State Veterans & Military Affairs Committees; on February 11 the Judiciary amended the bill and continued the decision on approving the bill to a date in the future.