May 25, 2019

e-Legislative Report: March 3, 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.

Action taken at Feb. 28 LPC meeting:

  • The Committee voted to include a provision to the upcoming CBA Trusts and Estates Probate Code Omnibus legislation that is coming to a legislature near year you. The amendment provides a method for dealing with personal property that is secured by real property. This language will fit in with the small estate affidavit procedural changes previously approved by the LPC. The changes are CBA sponsored.
  • The Committee voted to support Parts 4 & 6 of the Uniform Power of Appointment Act (“UPOAA”) as prepared by the Trusts and Estates Committee who has previously navigated Parts 1–3 through the CBA approval process. The CBA will inform the Colorado Uniform Law Commissioners of the latest development and assist in obtaining a late bill. The UPOAA is CBA supported legislation.

At the Capitol—Week of Feb. 24

A scorecard of the committee and floor work follows.

In the House

Monday, Feb. 24

Passed 3rd Reading:

  • SB 14-52. Concerning actions taken to remediate soil erosion creating property damage. Vote: 65 yes and 0 no.
  • HB 14-1152. Concerning passive surveillance records of governmental entities. Vote: 63 yes and 2 no.
  • SB 14-67. Concerning aligning certain state medical assistance programs’ eligibility laws with the federal “Patient Protection and Affordable Care Act.” Vote: 37 yes and 28 no.
  • HB 14-1184. Concerning conservancy districts that are organized for the purpose of preventing floods. Vote: 65 yes and 0 no.
  • HB 14-1193. Concerning requirements governing the imposition of a fee for the research and retrieval of public records under the “Colorado Open Records Act.” Vote: 41 yes and 24 no.
  • HB 14-1265. Concerning the regulation of games of chance. Vote: 63 yes and 2 no.
  • 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: 39 yes and 36 no.
  • HB 14-1228. Concerning the repeal of certain requirements for defensive driving schools attended in accordance with a court order resulting from a violation of a law regulating the operation of a motor vehicle. Vote: 63 yes and 2 no.

Tuesday, Feb. 25

Passed 3rd Reading:

  • HB 14-1114. Concerning the administration of earned time by the state department of corrections. Vote: 57 yes, 6 no, and 2 excused.
  • HB 14-1142. Concerning a prohibition against the off-site electronic sale of lottery tickets by the Colorado lottery commission. Vote: 49 yes, 14 no, and 2 excused.
  • HB 14-1163. Concerning a clarification of the cap imposed on the enterprise zone investment tax credit. Vote: 37 yes, 26 no, and 2 excused.
  • HB 14-1028. Concerning a limitation on the United States’ ability to impose conditions on a water right owner in exchange for permission to use land. Vote: 39 yes, 24 no, and 2 excused.

Wednesday, Feb. 26

Passed on 3rd Reading:

  • HB 14-1034. Concerning the creation of a wine packaging permit to allow certain alcohol beverage licensees to package wine produced by another wine manufacturer, and, in connection therewith, making an appropriation. Vote: 61 yes, 0 no, and 3 excused.
  • 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. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1254. Concerning a requirement to disclose fees charged to a unit owners’ association by a community association manager. Vote: 53 yes, 8 no, and 3 excused.
  • HB 14-1191. Concerning the creation of an emergency alert program to notify the public after a serious hit-and-run accident. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1210. Concerning a requirement that a state agency enter into an intergovernmental agreement with a county to address wildland fires affecting certain state lands located within the county. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1188. Concerning revenue generated from the outdoor advertising program administered by the department of transportation. Vote: 61 yes, 0 no, and 3 excused.

Thursday, Feb. 27

Passed on 3rd Reading:

  • HB 14-1054. Concerning restricting access by minors to artificial tanning devices, and, in connection therewith, making an appropriation. Vote: 33 yes, 31 no, and 1 excused.
  • HB 14-1108. Concerning limits on copayments made by a covered person for physical rehabilitation services. Vote: 37 yes, 27 no, and 1 excused.

Friday, Feb. 28

Passed on 3rd Reading:

  • HB 14-1100. Concerning the use of title documents to give notice of characteristics of motor vehicles that affect a vehicle’s value, and, in connection therewith, making an appropriation. Vote: 59 yes, 3 no, and 3 excused.
  • SB 14-76. Concerning the creation of a hard rock mining permit issued by the division of reclamation, mining, and safety for mining operations disturbing no more than five acres of surface area. Vote: 62 yes, 0 no, and 3 excused.

In the Senate

Monday, Feb. 24

Passed on 3rd Reading:

  • Consent Calendar: Vote: 35 yes and 0 no.
    1. HB 14-1074. Concerning payments that a nonprofit owner of a tax-exempt property may receive for reasonable expenses incurred without affecting the tax-exempt status of the property.
    2. HB 14-1018. Concerning the requirement that the department of revenue prepare a tax profile and expenditure report every two years.
    3. HB 14-1056. Concerning clarification of the statutes relating to the registration of collector’s item motor vehicles to specify that certain special emission inspection requirements for collector’s item motor vehicles registered prior to the enactment of House Bill 13-1071 continue to apply to those vehicles until they are transferred.
    4. HB 14-1010. Concerning corrections to statutory provisions relating to the prescribed burning program administered by the division of fire prevention and control in the department of public safety.
  • 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: 24 yes and 11 no.
  • SB 14-18. Concerning the prohibition against furnishing nicotine products to persons under eighteen years of age. Vote: 25 yes and 10 no.

Tuesday, Feb. 25

Passed on 3rd Reading:

  • Consent Calendar: Vote: 35 yes and 0 no.
    1. HB 14-1059, by Representative(s) Garcia; also Senator(s) Crowder—Concerning clarifying that the ritual discharge of blank ammunition cartridges at a military funeral does not constitute the criminal offense of disorderly conduct.
    2. HB 14-1079. Concerning an increase in the monetary amount allowed for the limited offering registration procedure under the “Colorado Securities Act.”
  • HB 14-1024. Concerning the designation of the claret cup cactus as the state cactus. Vote: 28 yes and 7 no.

Wednesday, Feb. 26

Passed on 3rd Reading:

  • Consent Calendar:
    1. SB 14-142. Concerning an exception for certain water system facilities from the facilities that the commissioner of agriculture has a duty to inspect regarding pesticide storage. Vote: 34 yes, 0 no, and 1 excused.
    2. HB 14-1050. Concerning an increase in the number of judges for the eighteenth judicial district, and, in connection therewith, making an appropriation. Vote: 33 yes, 1 no, and 1 excused.
    3. SB 14-49. Concerning endangering public utility transmission, and, in connection therewith, making an appropriation. Vote: 34 yes, 0 no, and 1 excused.
  • HB 14-1005. Concerning clarification of the requirements applicable to a change of point of water diversion. Vote: 34 yes, 0 no, and 1 excused.
  • SB 14-129. Concerning changes to criminal provisions related to marijuana. Vote: 32 yes, 2 no, and 1 excused.

Thursday, Feb. 27

Passed on 3rd Reading:

  • SB 14-93. Concerning equivalent authority for pipeline companies to acquire right-of-way. Vote: 24 yes, 10 no, and 1 excused.

Friday, Feb. 21

Passed on 3rd Reading:

  • HB 14-1022. Concerning alignment of the duration of the child care authorization notice with the child care assistance eligibility period for children participating in the Colorado child care assistance program. Vote: 33 yes, 0 no, and 2 excused.
  • SB 14-29. Concerning the establishment of a paint stewardship program for the environmentally sound disposal of postconsumer architectural paint. Vote: 18 yes, 15 no, and 2 excused.

Stay tuned for 10 Bills of Interest.

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