November 15, 2018

Archives for May 30, 2018

Bill Signing Ceremonies Held for Rural Broadband Deployment Bill, Rural Economic Advancement, More

On Friday, May 25, 2018, Governor Hickenlooper signed five bills into law. To date, he has signed 256 bills and sent two to the Secretary of State without a signature. The bills signed Friday are summarized here.

  • SB 18-002 – “Concerning the Financing of Broadband Deployment,” by Sens. Don Coram & Jerry Sonnenberg and Reps. KC Becker & Crisanta Duran. The bill updates definitions related to rural broadband networks, and requires the public utilities commission, in 2019, to allocate 60% of the total amount of high cost support mechanism (HCSM) money that the nonrural incumbent local exchange carrier would receive to the HCSM account dedicated to broadband deployment, and to allocate an additional 10% of the total money that the nonrural incumbent local exchange carrier would receive in each subsequent year until, in 2023, all of the money that the nonrural incumbent local exchange carrier would receive is allocated to the HCSM account dedicated to broadband deployment.
  • SB 18-005 – “Concerning Economic Assistance for Rural Communities Experiencing Certain Significant Economic Events that Lead to Substantial Job Loss in those Communities, and, in Connection Therewith, Authorizing the Department of Local Affairs to Coordinate Nonmonetary Assistance to Assist Rural Communities with Job Creation or Retention,” by Sens. Kerry Donovan & Ray Scott and Rep. Dylan Roberts. The bill authorizes the executive director of the Department of Local Affairs or the executive director’s designee to coordinate the provision of nonmonetary resources to assist with job retention or creation in a rural community experiencing a significant economic event, such as a plant closure or layoffs, including industry-wide layoffs, that has a significant, quantifiable impact on jobs within that community.
  • SB 18-167 – “Concerning Increased Enforcement of Requirements Related to the Location of Underground Facilities, and, in Connection Therewith, Making an Appropriation,” by Sens. Ray Scott & Kerry Donovan and Reps. Faith Winter & Lori Saine. The bill creates the underground damage prevention safety commission as an independent agency within the department of labor and employment. The commission has rule-making and enforcement authority regarding specified portions of the excavation damage prevention law and is required to enter into a memorandum of understanding with the notification association to facilitate implementation and administration of the law. The notification association is required to provide administrative support to the commission in performing its duties.
  • HB 18-1002 – “Concerning Teaching Fellowship Programs to Assist Rural School Districts in Hiring High-quality Teachers, and, in Connection Therewith, Creating the ‘Rural Colorado Grow Your Own Educator Act’ and Making an Appropriation,” by Reps. Millie Hamner & Bob Ranken and Sens. Nancy Todd & Don Coram. The bill directs the Department of Education to identify geographic areas within the state and specific subjects for which there is a teacher shortage. Under the bill, a rural school district, rural charter school, or rural board of cooperative services and a public or private institution of higher education may enter into an agreement to provide a teaching fellowship program for students enrolled in the fourth year of the approved educator preparation program.
  • HB 18-1366 – “Concerning a Local College District’s Authority to Manage District Property,” by Rep. Dylan Roberts and Sen. Kerry Donovan. The bill provides local college districts with the authority to sell or lease district property.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Colorado Supreme Court: Announcement Sheet, 5/29/2018

On Tuesday, May 29, 2018, the Colorado Supreme Court issued four published opinions.

American Family Mutual Insurance Co. v. Barriga

Guarantee Trust Life Insurance Co. v. Estate of Casper

Rooftop Restoration, Inc. v. American Family Mutual Insurance Co.

People v. Delage

Summaries of these cases are forthcoming.

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

Tenth Circuit: Unpublished Opinions, 5/29/2018

On Tuesday, May 29, 2018, the Tenth Circuit Court of Appeals issued no published opinion and seven unpublished opinions.

Hill v. Allbaugh

United States v. Lujan

Hill v. Allbaugh

United States v. Dean

Harrington v. Ozark Waffle, L.L.C.

Carr v. Commissioner, SSA

Heuston v. Bryant

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.