August 13, 2018

Bills Signed Regarding Fiduciary Duties of Title Insurance Entities, Public Official Oaths and Affirmations, and More

On Thursday, March 29, 2018, the governor signed 17 bills into law. He also signed 16 bills into law on Monday, April 2, 2018. To date, Governor Hickenlooper has signed 114 bills this legislative session and sent one to the Secretary of State without a signature. The bills signed Thursday and Monday include a bill concerning the fiduciary duties of title insurance entities with regard to funds held for closing, a bill exempting physicians who treat patients with rare disorders from non-compete agreements, several bills updating outdated statutory language, bills regarding financing broadband for rural areas, a bill requiring reporting when title to a motor vehicle has been transferred, and more. The bills signed Thursday and Monday are summarized here.

  • HB 18-1012 – “Concerning Vision Care Plans for Eye Care Services,” by Reps. Jon Becker & Susan Lontine and Sens. Kevin Lundberg & Irene Aguilar. The bill prohibits a carrier or entity that offers a vision care plan from requiring an eye care provider with whom the carrier or entity contracts to provide services at a set fee, charge a person for noncovered services, or participate in a carrier’s other vision plan networks.
  • HB 18-1091 – “Concerning Dementia Diseases, and, in Connection Therewith, Updating Statutory References to Dementia Diseases and Related Disabilities,” by Reps. Susan Beckman & Joann Ginal and Sens. Jim Smallwood & Nancy Todd. The bill updates statutory references to Alzheimer’s and other dementia diseases and reflects that dementia diseases have related disabilities impacting memory and other cognitive abilities.
  • HB 18-1099 – “Concerning Criteria that the Broadband Deployment Board is Required to Develop with Regard to an Incumbent Telecommunications Provider’s Exercise of a Right to Implement a Broadband Deployment Project in an Unserved Area of the State Upon a Nonincumbent Provider’s Application to the Broadband Deployment Board to Implement a Proposed Broadband Deployment Project in the Unserved Area,” by Reps. Marc Catlin & Barbara McLaughlin and Sen. Don Coram. The bill requires that the Broadband Deployment Board’s criteria include requirements that an incumbent telecommunications provider exercising its right to implement a broadband deployment project for the unserved area agree to provide demonstrated downstream and upstream speeds equal to or faster than the speeds indicated in the applicant’s proposed project and at a cost per household that is equal to or less than the cost per household indicated in the applicant’s proposed project.
  • HB 18-1103 – “Concerning the Ability of a Local Government to Require a Driver to Meet Safety Standards for the Use of an Off-highway Vehicle,” by Rep. Barbara McLaughlin and Sen. Don Coram. The bill clarifies that a local government does not violate state rules if it imposes certain requirements on a driver of an off-highway vehicle.
  • HB 18-1130 – “Concerning Increasing the Availability of Qualified Personnel who are Licensed in Another State to Teach in Public Schools,” by Reps. Dave Williams & Jeni James Arndt and Sen. Bob Gardner. The bill changes requirements for special education teacher requirements from 3 years of continuous experience to 3 years of experience within the previous 7 years.
  • HB 18-1137 – “Concerning the Scheduled Repeal of Reports to the General Assembly, and, in Connection Therewith, Continuing the Requirements for Reports by the Department of Transportation and the Department of Public Safety,” by Rep. Hugh McKean and Sen. Rachel Zenzinger. The bill continues reporting requirements of the Departments of Transportation and Public Safety.
  • HB 18-1138 – “Concerning Standardizing Public Official Oaths of Office, and, in Connection Therewith, Providing a Uniform Oath Text and Establishing Requirements for Taking, Subscribing, Administering, and Filing Public Oaths of Office,” by Rep. Jeni James Arndt and Sen. Rachel Zenzinger. The bill establishes a single uniform text for swearing or affirming an oath of office and the requirements regarding how and when an oath or affirmation of office must be taken, subscribed, administered, and filed.
  • HB 18-1139 – “Concerning the Removal of Outdated Statutory References to Repealed Reporting Requirements that were Previously Imposed on the Parks and Wildlife Commission with Regard to its Rule-making Authority to Set Fees,” by Rep. Edie Hooten and Sen. Rachel Zenzinger. The bill removes obsolete references to a statutory subsection that was repealed on September 1, 2017.
  • HB 18-1158 – “Concerning a Supplemental Appropriation to the Department of Corrections,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill makes a supplemental appropriation to the Department of Corrections.
  • HB 18-1171 – “Concerning Adjustments in the Amount of Total Program Funding for Public Cchools for the 2017-18 Budget Year, and, in Connection Therewith, Making and Reducing an Appropriation,” by Rep. Millie Hamner and Sen. Kevin Lundberg. The bill adjusts the minimum amount of total program funding specified in statute to reflect this intent for the actual funded pupil count and the actual at-risk pupil count.
  • HB 18-1196 – “Concerning Authorization to Verify the Disability of an Applicant to the Aid to the Needy Disabled Program,” by Rep. Tony Exum and Sens. Nancy Todd & Beth Martinez Humenik. Under current law, in order to receive assistance under the aid to the needy disabled program, an applicant must be examined by a physician, physician assistant, advanced practice nurse, or registered nurse. The bill adds to the list of persons authorized to perform an examination a licensed psychologist, or any other licensed or certified health care personnel the department of human services deems appropriate.
  • HB 18-1233 – “Concerning a Consumer Reporting Agency’s Placement of a Security Freeze on the Consumer Report of a Consumer who is Under the Charge of a Representative at the Request of the Consumer’s Representative,” by Reps. Crisanta Duran & Polly Lawrence and Sens. Stephen Fenberg & Bob Gardner. The bill authorizes a parent or legal guardian (representative) to request that a consumer reporting agency place a security freeze on the consumer report of either a minor less than 16 years of age or another individual who is a ward of the representative (protected consumer).
  • SB 18-002 – “Concerning the Financing of Broadband Deployment,” by Sens. Don Coram & Jerry Sonnenberg and Reps. KC Becker & Crisanta Duran. The bill amends the definition of ‘broadband network’ to increase the speed of downstream broadband internet service from at least 4 megabits per second to at least 10 megabits per second and the definition of ‘unserved area’ to refer to an area that is unincorporated, or within a city with a population of fewer than 7,500 inhabitants, and that is not receiving federal support to construct a broadband network to serve a majority of the households in each census block in the area, and requires the PUC to allocate money.
  • SB 18-028 – “Concerning the Repeal of Certain Requirements for Where a License Plate is Mounted on a Motor Vehicle,” by Sen. Ray Scott and Rep. Jeff Bridges. Current law requires each license plate to be at the approximate center of a motor vehicle and at least 12 inches from the ground. The bill repeals this requirement for the front license plate and replaces it with a requirement that the front license plate be mounted horizontally on the front in the location designated by the manufacturer.
  • SB 18-073 – “Concerning Reporting to the Department of Revenue when Ownership of a Motor Vehicle has been Transferred,” by Sen. Jim Smallwood and Reps. Kim Ransom & Leslie Herod. The bill creates a voluntary program administered by the Department of Revenue that authorizes the owner of a motor vehicle to report a transfer of ownership of the motor vehicle. If the previous owner reports the transfer to the Department, the previous owner is not subject to liability for the misuse of the vehicle.
  • SB 18-074 – “Concerning Adding Individuals with Prader-Willi Syndrome to the List of Persons with Intellectual and Developmental Disabilities,” by Sen. Nancy Todd and Rep. Chris Hansen. The bill adds Prader-Willi syndrome to the list of persons who have mandatory eligibility for services and supports and also to the definition of an ‘intellectual and developmental disability’ for the purpose of receiving services and supports.
  • SB 18-082 – “Concerning a Physician’s Right to Provide Continuing Care to Patients with Rare Disorders Despite a Covenant Not to Compete,” by Sen. Rachel Zenzinger and Sen. Chris Kennedy. The bill exempts physicians who provide care to patients with rare diseases from non-compete agreements.
  • SB 18-090 – “Concerning ‘Rights of Married Women,'” by Sen. Rachel Zenzinger and Rep. Edie Hooten. The bill modernizes the language in statutory sections concerning the “rights of married women” to be inclusive of married men and women.
  • SB 18-095 – “Concerning the Removal of Statutory References to the Marital Status of Parents of a Child,” by Sens. Rachel Zenzinger & Beth Martinez Humenik and Reps. Edie Hooten & Hugh McKean. The bill removes or modernizes outdated statutory references to a ‘legitimate’ or ‘illegitimate’ child and a ‘child born out of wedlock’. Colorado only recognizes parentage of a child and acknowledges that the parent and child relationship extends equally to every child and every parent, regardless of the marital status of the parents.
  • SB 18-098 – “Concerning Amending a Statutory Provision Relating to Interest on Damages that was Ruled Unconstitutional by the Colorado Supreme Court,” by Sens. Jack Tate & Rachel Zenzinger and Reps. Edie Hooten & Dan Thurlow. The bill amends C.R.S. § 13-21-101 (1), concerning interest on damages, to reflect a 1996 decision made by the Colorado Supreme Court that ruled certain language in that subsection violated the equal protection clause of the constitution.
  • SB 18-099 – “Concerning the Alignment of Early Childhood Quality Improvement Programs with the Colorado Shines Quality Rating and Improvement System,” by Sens. Michael Merrifield & Kevin Priola and Reps. Brittany Pettersen & James Wilson. The bill amends the application and eligibility requirements for the school-readiness quality improvement program and the infant and toddler quality and availability grant program to align with the Colorado shines quality rating and improvement system to streamline the administration of the programs.
  • SB 18-102 – “Concerning the Requirement for an Odometer Reading when a Motor Vehicle’s Identification Number is Physically Verified,” by Sens. Jack Tate & Rachel Zenzinger and Reps. Edie Hooten & Dan Thurlow. The bill repeals the requirement that the odometer be read when a motor vehicle’s identification number is physically verified.
  • SB 18-104 – “Concerning a Requirement that the Broadband Deployment Board File a Petition with the Federal Communications Commission to Seek a Waiver from the Commission’s Rules Prohibiting a State Entity from Applying for Certain Federal Money Earmarked for Financing Broadband Deployment in Remote Areas of the Nation,” by Sen. Kerry Donovan and Reps. Yeulin Willett & Barbara McLaughlin. The bill requires the broadband deployment board, on or before January 1, 2019, to petition the federal communications commission (FCC) for a waiver from the FCC’s rules prohibiting a state entity from applying for federal money earmarked for broadband deployment in remote areas of the nation through the remote areas fund created as part of the connect America fund established by the FCC.
  • SB 18-111 – “Concerning the Removal of an Obsolete Date in the Law that Designates State Legal Holidays,” by Sen. Jack Tate and Rep. Jeni James Arndt. Current law specifies that if executive branch employees who are in the state personnel system are required to work on a state legal holiday, the employees shall receive an alternate day off or be paid in accordance with the state personnel system or state fiscal rules in effect on April 30, 1979. The state fiscal rules in effect in 1979 have been amended numerous times since that time and are no longer applicable or relevant. The bill removes the reference to April 30, 1979.
  • SB 18-121 – “Concerning Certain Expenses Allowed to a State Employee when the Employee is Required to Change his or her Place of Residence in Connection with a Change in Job Duties,” by Sen. Jack Tate and Rep. Jeni James Arndt. Current law allows an employee in the state personnel system his or her moving and relocation expenses if an appointing authority requires the employee to change his or her place of residence due to a change in job duties. The bill specifies that moving expenses, including the reasonable expenses of moving household goods and personal effects and the reasonable costs of traveling to a new residence, are reimbursable in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service.
  • SB 18-125 – “Concerning Fiduciary Responsibilities of Title Insurance Entities to Protect Funds held in Conjunction with Real Estate Closing Settlement Services,” by Sens. Bob Gardner & Daniel Kagan and Rep. Pete Lee. The bill requires title insurance entities and affiliates or subsidiaries to hold funds belonging to others in a fiduciary capacity. ‘Fiduciary funds’ means all funds received in conjunction with real estate closing and settlement services.
  • SB 18-131 – “Concerning Modifications to the “State Employees Group Benefits Act,” by Sen. Jack Tate and Rep. Edie Hooten. The bill modifies several provisions of the State Employees Group Benefits Act to bring it into compliance with current state and federal law and to eliminate obsolete provisions.
  • SB 18-134 – “Concerning the Exemption of Nonprofit Water Companies from Regulation by the Public Utilities Commission,” by Sen. John Cooke and Rep. Jeni James Arndt. Under current law, the public utilities commission is directed to grant simplified regulatory treatment to water companies that serve fewer than 1,500 customers. The bill expands on this concept by deregulating water companies that are registered as nonprofits, so long as their rates, charges, and terms and conditions of service are just and reasonable.
  • SB 18-135 – “Concerning Updates to the Colorado Code of Military Justice,” by Sen. Bob Gardner and Reps. Terri Carver & Pete Lee. The bill updates several parts of the Colorado Code of Military Justice.
  • SB 18-138 – “Concerning Authorization for Retail Sellers of Alcohol Beverages for On-premises Consumption to Sell Remaining Inventory to Another On-premises Retail Seller of Alcohol Beverages with whom there is Common Ownership when No Longer Licensed to Sell Alcohol Beverages for On-premises Consumption,” by Sens. Bob Gardner & Andy Kerr and Reps. Matt Gray & Larry Liston. The bill allows persons with certain retail licenses to purchase alcohol beverages from another retail licensee when there is common ownership between the licensees and the seller has surrendered its license within the last 60 days.
  • SB 18-160 – “Concerning the Authority to Operate Certain Teacher Development Programs, and, in Connection Therewith, Establishing Alternative Licensure Programs and Induction Programs,” by Sen. Kent Lambert and Rep. Millie Hamner. Under existing law, school districts are permitted to operate induction programs for teachers, special services providers, principals, and administrators, and alternative licensure programs for teachers and principals, who do not hold professional licenses. The bill clarifies that charter schools and the state charter school institute may operate such programs.
  • SB 18-165 – “Concerning Requirements for Public Administrators,” by Sens. Tim Neville & Nancy Todd and Reps. Faith Winter & Lori Saine. The bill The bill increases the amount of bond public administrators are required to maintain to $100,000 and clarifies additional requirements.
  • SB 18-173 – “Concerning the Ability of Certain Establishments Licensed to Sell Alcohol Beverages for On-premises Consumption that Serve Food to Allow a Customer to Remove One Opened Container of Partially Consumed Vinous Liquor from the Licensed Premises,” by Sen. Bob Gardner and Rep. Leslie Herod. Currently, certain liquor licensees may sell one opened container of partially consumed vinous liquor to a customer if the licensee has meals available for consumption on the licensed premises. The bill expands the requirement to include licensees that makes sandwiches and light snacks available for consumption on the premises.

For a list of all of Governor Hickenlooper’s 2018 legislative actions, click here.

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