August 21, 2019

Archives for March 24, 2014

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.

Children’s Law Center Annual Dinner on April 11 Soars to New Heights

Fundraiser for abused and neglected children in Colorado to showcase SOAR! Youth & Adult Choir

The Children’s Law Center, a nonprofit organization that provides legal advocacy for abused and neglected children, will host its annual dinner on April 11, 2014 from 5:30 – 9:30 p.m. at the Westin Denver Downtown at 1672 Lawrence Street. The SOAR! Youth & Adult Choir will perform. CBS4 newscaster Gloria Neal will emcee and former state representative Debbi Stafford will be the auctioneer.

“This year’s ‘Reach for the Stars’ theme really embodies what the Children’s Law Center does through the generous support we receive from the community,” said Stephanie Villafuerte, Children’s Law Center’s executive director. “We work to prevent abuse, protect children who have suffered devastating maltreatment and prepare children for a future that is abuse free and full of promise and hope that they can reach for the stars.”

The event will feature dinner and silent and live auctions. In addition, the SOAR! Youth & Adult Choir will perform. SOAR! provides at-risk children the opportunity to be involved in a safe community and perform alongside adult mentors.

Tables and individual tickets are available and may be purchased at www.ChildLawCenter.org, or by contacting Dinner@ChildLawCenter.org or 303.692.1165. Table benefits are also available online. Title sponsors for the event include Noble Energy and The Abdoulah Family Fund.

Comment [14] Added to Colo. RPC 1.2 Regarding Advising Marijuana Businesses

The Colorado Supreme Court adopted Rule Change 2014(05) on Monday, March 24, 2014, effective immediately. The rule change amends the Colorado Rules of Professional Conduct by adding Comment [14] to Rule 1.2 to read:

A lawyer may counsel a client regarding the validity, scope, and meaning of Colorado constitution article XVIII, secs. 14 & 16. and may assist a client in conduct that the lawyer reasonably believes is permitted by these constitutional provisions and the statutes, regulations, orders, and other state or local provisions implementing them. ln these circumstances, the lawyer shall also advise the client regarding related federal law and policy.

Justice Coats and Justice Eid would not adopt Comment [14].

Governor Hickenlooper Signs Marijuana Packaging Bills and More into Law

As the 2014 legislative session continues, Governor Hickenlooper continues to sign bills into law. To date, he has signed 82 bills into law. Some of his most recent legislative decisions are summarized below.

Governor Hickenlooper signed two bills on Monday, March 17, 2014.

  • HB 14-1122 – Concerning Provisions to Keep Legal Marijuana from Underage Persons, by Rep. Daniel Kagan and Sen. Linda Newell. The bill requires that all medical marijuana be sold in child-proof packaging unless the patient has a doctor’s note explaining why he or she cannot open child-proof packages. It also changes the classification of the crime of selling recreational marijuana to someone under age 21 to a Class 1 misdemeanor.
  • HB 14-1229 – Concerning Authorizing Sharing Information Between State and Local Government Agencies Related to Legal Marijuana, by Reps. Daniel Kagan and Jared Wright and Sens. Mike Johnston and Steve King. The bill conforms retail marijuana licensing law to medical marijuana licensing law by allowing local districts to submit persons applying for retail marijuana establishment licenses to a CBI background check.

Governor Hickenlooper signed 13 bills on Thursday, March 20, 2014.

  • SB 14-043 – 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, by Sen. Kevin Grantham and Rep. Kevin Priola. The bill specifies that greenhouses, nurseries, and other horticultural and agricultural operations are classified as “all other agricultural property” and is assessed according to the market value of other agricultural land within the county.
  • SB 14-048 – 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, by Sen. Lucia Guzman and Rep. Mark Waller. The bill repeals the mortality table included in Colorado law and requires courts to use the U.S. Census Bureau life expectancy information in civil actions.
  • SB 14-052 – Concerning Actions Taken to Remediate Soil Erosion Creating Property Damage, by Sen. Larry Crowder and Rep. Jerry Sonnenberg. The bill allows counties to consult with specialists regarding soil erosion, and to recover monies from landowners failing to treat soil erosion.
  • SB 14-083 – 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, by Sen. Larry Crowder and Rep. Mark Ferrandino. The bill authorizes the State Board of Equalization to waive the requirement that a county reimburse it for costs involved with reappraisal of property.

Governor Hickenlooper signed 10 bills on Friday, March 21, 2014.

  • SB 14-059 – Concerning Eliminating the Statute of Limitations for Offenses that Accompany Sex Offenses that are Not Subject to a Statute of Limitations, by Sen. Lucia Guzman and Rep. Polly Lawrence. The bill removes the statute of limitations for offenses that accompany sex offenses not subject to a statute of limitations.
  • SB 14-097 – Concerning the Immunity of Public Agencies Against Liability Arising from the Wildfire Mitigation Activities of Insurance Companies, by Sen. Lois Tochtrop and Rep. Millie Hamner. The bill clarifies that public agencies are not responsible for the actions of insurance companies or their representatives, and clarifies that insurance companies are not immune from liability under the Colorado Governmental Immunity Act.
  • HB 14-1052 – Concerning an Increase in the Enforcement Authority of Ground Water Management Districts, by Rep. Randy Fischer and Sen. Matt Jones. The bill allows ground water management districts to enforce permits, issue orders, collect fines, and collect court costs and attorney fees.
  • 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, by Rep. Joann Ginal and Sen. Lois Tochtrop. The bill prohibits a receiver or liquidator of an insolvent insurer from avoiding obligations to a federal home loan bank regarding collateral under a security agreement.

For a list of Governor Hickenlooper’s legislative decisions, click here.

Colorado Supreme Court: Announcement Sheet, 3/24/2014

On Monday, March 24, 2014, the Colorado Supreme Court issued two published opinions.

In re People v. Kanwal

People v. Sandoval-Candelaria

Summaries of these cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Colorado Supreme Court: Dismissal for Lack of Subject Matter Jurisdiction Improper in Attorney Discipline Case

On Monday, March 24, 2014, the Colorado Supreme Court issued its opinion in In re People v. Kanwal.

Rules of Procedure Regarding Attorney Discipline and Disability Proceedings—CRCP 251.12.

The People petitioned for relief pursuant to CRCP 251.1(d) and CAR 21 from an order of the Presiding Disciplinary Judge (PDJ) dismissing for lack of subject matter jurisdiction a claim of attorney misconduct. The PDJ concluded that the People were not authorized to plead, and the Hearing Board lacked jurisdiction to consider, any claim for the filing of which the Attorney Regulation Committee had not given specific approval. Because it was undisputed that the Committee had not specifically approved the filing of a claim for the violation of Rule 8.4(c) of the Rules of Professional Conduct, the PDJ dismissed Claim III in the People’s complaint alleging a violation of that rule.

The Supreme Court made the rule absolute and remanded the matter with instructions to reinstate Claim III, because it was undisputed that the conduct giving rise to the grounds alleged in this claim was conduct specifically addressed in the report of investigation presented to the Committee, as a result of which it authorized proceedings for public discipline. Because the Rules of Procedure Regarding Attorney Discipline and Disability Proceedings contemplate merely the Committee’s authorization for the initiation of formal proceedings before a tribunal capable of administering public discipline, rather than mandating the Committee’s approval of the specific claims to be filed, including the identification of precise rule violations, the PDJ misinterpreted the controlling rules.

Summary and full case available here.

Colorado Supreme Court: Six Month and Seven Day Sentencing Delay Not Unreasonable

The Colorado Supreme Court issued its opinion in People v. Sandoval-Candelaria on Monday, March 24, 2014.

Crim.P. 32(b)—Speedy Sentencing.

In this appeal, the Supreme Court considered whether a six-month and seven-day sentencing delay was “unreasonable” under Crim.P. 32(b) and unconstitutional under the speedy trial clauses of the U.S. and Colorado Constitutions. The Court held that the sentencing delay was not unreasonable under Crim.P. 32(b), because the trial court imposed the delay for a legally justifiable reason—namely, to further the General Assembly’s intent to require trial courts to sentence recidivist offenders, like defendant, within an aggravated range. The Court rejected defendant’s constitutional claim because the sentencing delay was not presumptively prejudicial.

Summary and full case available here.

Volunteers Needed to Help Plant Trees in Colorado Natural Disaster Areas

treeOnce again, the American Bar Association, Colorado Bar Association, and local bar associations are seeking volunteers to help plant trees in areas devastated by fires and floods in Colorado.  Please see below for two volunteer opportunities.  We hope to see you outside this Spring!

Larimer County
On Saturday April 5, 2014, lawyers, friends, and family from Boulder County Bar Association and surrounding areas are invited to plant trees in the Bellevue-Watson Fish Hatchery, located near Fort Collins.*

The Hatchery was greatly impacted by both the High Park Fire and the September 2013 floods.   It has sustained increased run-off from these natural disasters, which has caused excess sediment to the Hatchery.  The State-run Hatchery raises more than 300,000 fish each year which stock local reservoirs, ponds, and rivers.  The sediment is affecting the health of the fish and overall operation of the Hatchery.  The planting project will result in a barrier to prevent excess debris/run-off from affecting the fish population.

We are looking for volunteers of all ages.  It will be a great opportunity to restore an area affected by the flood, and to learn about this local Hatchery.

We hope to arrange ride-sharing to the location for this half day volunteering opportunity.  Please email gstockmayer@dietzedavis.com to sign up and for additional information about the Saturday, April 5th event.

This project is sponsored by:

*We are planning on organizing one or more Boulder-based planting events this summer and/or fall for those unable to attend the April 5 event.

Jefferson County
On Saturday May 3, 2014, lawyers, friends, and family are invited to plant willow stakes near Deckers, Colorado in the Hayman Fire burn area.

The Hayman Fire was one of the largest ever in Colorado and although it occurred several years ago, there is still a great need to replant vegetation and stabilize stream banks.

We will organize carpools from Denver and Boulder as the planting area is about a one hour and 40 minute drive from Denver.  Planting will take place from 10 a.m. to 2 p.m.  Last year’s volunteers had a wonderful time meeting other attorneys and doing good work for Colorado’s environment.

Please email Grant Boies at gboies@rccinvestments.net with your name and phone number (and those of your friends) if you want to participate.

This project is sponsored by:

Hon. Raymond Satter to Retire from Denver County Court

The Denver County Court announced Thursday that Hon. Raymond Satter will retire from the bench, effective June 30, 2014. Judge Satter was appointed to the Denver County Court in 1987. He currently presides over a general docket, and was named “Jolliest Judge” by the Denver Bar Association in 1994. He received the Judicial Excellence Award from the DBA in 1992 and 1995. He has presented at many judicial education programs and is an active member of the CBA Ethics Committee. He received his undergraduate degrees from the University of Denver and his J.D. from Catholic University of America.

Applications are being accepted for the vacancy. Eligible applicants must have been licensed to practice law in Colorado for at least five years and must be qualified electors of Denver County. Applications must be filed with the Denver County Court Presiding Judge no later than 5 p.m. on April 4, 2014. Application forms and additional information regarding the vacancy may be obtained from the presiding judge’s office or from the Denver County Court website.

JDF Instructions Revised in Domestic Relations Category

In March 2014, the Colorado State Judicial Branch released revised forms in several categories (click here for details) and revised instruction forms have continued to be released in the Domestic Relations category. The updated forms are available for download here in PDF format, and they are available in Word format on the State Judicial website.

  • JDF 1100 – “Instructions to File Dissolution of Marriage or Legal Separation With Children of this Marriage” (R03/14)
  • JDF 1267 – “Instructions to File for a Dissolution or Legal Separation of Civil Union With Children of this Civil Union” (R03/14)
  • JDF 1403I – “Instructions to File a Motion or Stipulation to Modify Child Support” (R03/14)
  • JDF 1413I – “Instructions for Allocation of Parental Responsibilities (Decision-Making and Parenting Time)” (R03/14)

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

Colorado Rules Governing Commissions on Judicial Performance Amended Along with CJD 85-22

The Colorado Supreme Court approved Rule Change 2014(04), amending the Colorado Rules Governing the Commissions on Judicial Performance. The changes were to Rule 10, “Trial Judge Evaluations”; Rule 11, “Appellate Judge and Justice Evaluations”; and Rule 13, “Narratives.” The changes were extensive, including changing language and updating procedures for judicial evaluation. To see a redline of the changes, click here.

Chief Justice Directive 85-22 was also amended by the Colorado Supreme Court. The directive was amended in order to list the current interest rate and to update the interest rate that appears in the CJD. The interest rate on judgments that are appealed is 3 percent for 2014.

Volunteer Moot Court Judges Sought for First-Year Oral Arguments

Every spring, 1L students at CU Law School take a class in appellate advocacy. The law school needs volunteers to act as judges for oral arguments. Notice is short, so please volunteer right away if you’re able to help!

Oral arguments will take place from April 4-16, 2014. Most arguments will be held in Denver at the Tenth Circuit and the Colorado Court of Appeals, and some will be held in Boulder at CU Law School. Unless otherwise indicated, the arguments will last approximately 2 hours each. The argument schedule can be accessed by using the following link:

http://www.colorado.edu/law/judges-needed

If you are interested in volunteering, please use the RSVP form on the linked website.

This year the school is using two different problems. One, which is being used in sections taught by Todd Stafford, Gabrielle Stafford, and Natalie Mack, concerns an appeal to the Seventh Circuit concerning inmate Marcos Perez’s claim that Correctional Officer Lenny Andrews violated his Eighth Amendment right to be free from cruel and unusual punishment while imprisoned. The second problem, which is being used in sections taught by Amy Bauer and Corie Rosen Felder, concerns an appeal to the Colorado Court of Appeals concerning defendant Adolf Beck’s motion to suppress evidence gathered during a one-on-one show-up procedure. So that you can prepare, the school will provide a bench brief and the students’ briefs.

Please join the CU Law moot court team by volunteering your time. They much appreciate your involvement in preparing the next generation of lawyers. Please also pass this message along to other members of your firm or organization who might also be willing to volunteer.