June 24, 2019

Appropriations, Adoption Records, Crime Victim Compensation, and More Bills Signed

On Monday, March 30, 2015, Governor Hickenlooper signed 11 bills into law. To date, he has signed 89 bills in this 2015 legislative session. The bills signed Monday are summarized here.

  • SB 15-191 – Concerning Payment of Expenses of the Legislative Department, by Sens. Mark Scheffel & Morgan Carroll and Reps. Crisanta Duran & Brian DelGrosso. This is the appropriations bill, setting the budget for the 2015-16 state fiscal year.
  • HB 15-1254 – Concerning the Elimination of the General Appropriations Act Limitation in the Definition of “Total Governing Board Appropriation” for the Treatment of Higher Education Appropriations, by Rep. Millie Hamner and Sen. Kent Lambert. The bill clarifies the definition of “Total Governing Board Appropriation” used in the description of higher education funding formulas.
  • HB 15-1188 – Concerning Clarifications to the State Vocational Rehabilitation Program, by Reps. Su Ryden & Dianne Primavera and Sen. Tim Neville. The bill makes several changes to the state vocational rehab program for persons with disabilities.
  • HB 15-1106 – Concerning the Clarification of Access by Eligible Persons to Unredacted Adoption Records that Contain Identifying Information, by Rep. Lori Saine and Sen. Jerry Sonnenberg. The bill clarifies that persons who are able to request and receive certain adoption records under the law may receive unredacted versions of those records.
  • HB 15-1035 – Concerning Changes to Crime Victim Compensation, by Rep. Rhonda Fields and Sen. John Cooke. The bill makes several changes to the crime victim compensation program.
  • HB 15-1004 – Concerning Authorization for Firefighter License Plates to be Issued for Motorcycles and, in Connection Therewith, Making an Appropriation, by Rep. Max Tyler and Sen. Nancy Todd. The bill creates a special firefighter license plate for motorcycles.
  • HB 15-1031 – Concerning a Ban on Powdered Alcohol, by Rep. JoAnn Windholz and Sen. Nancy Todd. The bill prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol.
  • HB 15-1048 – Concerning Authority of the Commissioner of Insurance to Adopt Principle-Based Life Insurance Reserve Requirements for Life Insurance Policies, by Rep. Angela Williams and Sen. David Balmer. The bill enacts National Association of Insurance Commissioners model legislation that requires the insurance commissioner to adopt the NAIC Standard Valuation Model.
  • HB 15-1209 – Concerning the Highway Maintenance Division of the Department of Transportation, by Rep. Max Tyler and Sen. Ray Scott. The bill updates state law to reflect actual operations of the Department of Transportation, clarifies powers and duties of CDOT’s executive director and chief engineer, and clarifies that annual reports will be filed with the highway maintenance division.
  • HB 15-1150 – Concerning Annual Tier 2 Transfers from the Severance Tax Operational Fund to an Existing Special Account in the General Fund Established by the Mined Land Reclamation Board for the Purpose of Funding Reclamation of Lands that were Obligated to be Reclaimed Under Permits Upon Which Financial Warranties Have Been Forfeited, by Rep. Bob Rankin and Sen. Kevin Grantham. The bill provides funding for the Division of Reclamation, Mining, and Safety to conduct reclamation projects at mine sites with insufficient or failed bonds.
  • SB 15-128 – Concerning Reports to Law Enforcement by Medical Facilities with the Consent of a Victim of Sexual Assault, by Sen. Morgan Carroll and Reps. Lois Landgraf and Dianne Primavera. The bill adds nurses to the list of medical personnel required to report sexual assaults to law enforcement. The bill also clarifies the types of reports required and allows a victim to speak anonymously to law enforcement.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.

Adoption, Domestic Relations Forms Amended in February

In February 2015, the Colorado State Judicial Branch released three amended forms. These forms are the first forms amended in 2015 to date. Forms are available for download here in PDF format and are also available as Word documents on the State Judicial website.

ADOPTION

  • JDF 494 – “Instructions for Access to Adoption Records” (revised 2/15)
  • JDF 532 – “Request for Access to Adoption Records” (revised 2/15)

DOMESTIC RELATIONS

  • JDF 1700 – “Instructions to File for Grandparent or Great-Grandparent Visitation” (revised 2/15)

For all of State Judicial’s JDF forms, click here.

Colorado Court of Appeals: Mother’s Fraud in Adoption Deprived Father Rights of Biological Parent

The Colorado Court of Appeals issued its opinion in M.C. v. Adoption Choices of Colorado, Inc. on Thursday, November 20, 2014.

Termination of Parent–Child Legal Relationship—Due Process—Troxel Presumption.

On September 13, 2012, mother gave birth to twins in Grand Junction. The next day, she filed a petition for expedited relinquishment of her parental rights. She provided a first name for the children’s father, but alleged she didn’t know any other information that might have been used to locate him. Intervenors, clients of Adoption Choices of Colorado, Inc., were chosen as the children’s adoptive parents. They were present for the birth and the children were placed with them that day. Father’s legal relationship with the children was terminated, and a final decree of adoption was entered in December 2012.

In February 2013, father, who resided in Iowa, sought relief from the judgment terminating his parental rights. He alleged that mother had informed him she lost the pregnancy and that he didn’t discover her deception until December 2012.

The trial court found overwhelming evidence of fraud on the court by mother and held that the termination of father’s parental rights was void. The trial court ordered the parties to confer and arrange for father to have weekly visitation with the children. The parties could not agree on a means to accomplish this order and the court modified its order to provide for a more gradual visitation schedule. A guardian ad litem(GAL) was appointed to provide a written report for the court. The GAL found it was in the best interests of the children to maintain their secure attachment to intervenors and recommended termination of father’s parental rights.

Following a hearing, the trial court concluded that father had not established a substantial positive relationship with the children. The court held it was in the best interests of the children to terminate father’s parental right and place the children in the permanent legal custody of intervenors. The Court of Appeals reversed.

The Court held that the trial court erred by terminating father’s parental rights based on his not having established a substantial positive relationship with the children. Evidence did not support the conclusion that the children likely would suffer significant psychological harm if removed from intervenors’ home. The trial court also erred in failing to give father the benefit of the Troxel presumption. [Troxel v. Granville, 530 U.S. 57, 65 (2000).] Having found him “not unfit,” the court was required to presume that father’s decisions were in the best interests of the children.

The Court rejected intervenors’ contention that the entry of final adoption decrees conferred on them a fundamental liberty interest in the care, custody, and control of the children equal to father’s, and that the children have a fundamental right to continue their relationship with intervenors and to have a stable, permanent home. Intervenors argued that the interest of the state, as set forth in CRS § 19-5-100.2(2), is “to promote the integrity and finality of adoptions.” However, the integrity of an adoption is not to be preserved at the cost of denying the rights of a fit biological parent. On remand, the trial court must conduct a custody hearing after affording father a full and fair opportunity to establish a meaningful relationship with his children.

Summary and full case available here, courtesy of The Colorado Lawyer.

JDF Forms Revised in Domestic, Probate, Seal My Case, and Other Categories

The Colorado State Judicial Branch revised many forms in July and August 2014. Several summons forms in the Domestic Relations category were revised, and additions of Returns of Service and Waivers and Acceptance of Service were made available for download as Word documents to accompany the revised forms. A new category was added for sealing underage alcohol and marijuana cases for offenses occurring after July 1, 2014. Forms were also amended in the Adoption, DMV Appeal, Probate, Miscellaneous, and Water categories.

Forms are available for download here as PDF documents, and are available as Word documents or Word templates from State Judicial’s Forms page.

Adoption

  • JDF 506 – “Notice of Adoption Proceedings and Summons to Respond” (revised 8/14)

Appeals

  • JDF 599 – DMV Appeal – “Complaint for Judicial Review Pursuant to Title 42, C.R.S., Request for Stay and Designation of Record” (revised 8/14)

Domestic

  • JDF 1102 – “Summons for Dissolution of Marriage or Legal Separation” (revised 8/14)
  • JDF 1102(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1102(b) – “Return of Service” (8/14)
  • JDF 1222 – “Summons for Registration of Foreign Decree” (revised 8/14)
  • JDF 1222(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1222(b) – “Return of Service” (8/14)
  • JDF 1251 -“Summons for Dissolution of Civil Union or Legal Separation of Civil Union” (revised 8/14)
  • JDF 1262 – “Summons for Declaration of Invalidity of Civil Union” (revised 8/14)
  • JDF 1262(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1262(b) – “Return of Service” (8/14)
  • JDF 1406 – “Motion to Modify/Restrict Parenting Time” (revised 8/14)
  • JDF 1414 – “Summons to Respond to Petition for Allocation of Parental Responsibilities” (revised 8/14)
  • JDF 1414(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1414(b)– “Return of Service” (8/14)
  • JDF 1502 – “Summons in Paternity” (8/14)
  • JDF 1502(a)– “Waiver and Acceptance of Service” (8/14)
  • JDF 1502(b)– “Return of Service” (8/14)
  • JDF 1515 – “Summons to Disclaim Paternity” (revised 8/14)
  • JDF 1515(a)– “Waiver and Acceptance of Service” (8/14)
  • JDF 1515(b)– “Return of Service” (8/14)
  • JDF 1602 – “Summons for Declaration of Invalidity of Marriage” (revised 8/14)
  • JDF 1602(a)– “Waiver and Acceptance of Service” (8/14)
  • JDF 1602(b)– “Return of Service”

Guardianship/Conservatorship/Probate/Trust & Estate

  • JDF 998 – “Instructions for Completing Affidavit for Collection of Personal Property” (revised 8/14)
  • JDF 800 – “Acknowledgment of Responsibilities Conservator and/or Guardian” (revised 8/14)
  • JDF 848 – “Order Appointing Guardian for Adult” (revised 8/14)
  • JDF 861 – “Petition for Appointment of Conservator – Minor” (revised 8/14)
  • JDF 878 – “Order Appointing Conservator for Adult” (revised 8/14)
  • JDF 999 – “Collection of Personal Property by Affidavit” (revised 8/14)

Miscellaneous

  • JDF 36 – “Petition for Relief Pursuant to §13-5-142.5 OR §13-9-124 From Federal Firearms Prohibitions Imposed Pursuant to 18 U.S.C. §922(d)(4) and (g)(4)” (8/14)

Seal My Case

  • JDF 323 – “Instructions to File a Petition to Seal Records Related to Underage Possession or Consumption of Alcohol or Marijuana (MIP)” (8/14)
  • JDF 313 – “Petition to Seal Records Related to Underage Possession and Consumption of Underage Alcohol or Marijuana (MIP)” (8/14)
  • JDF 314 – “Order Regarding the Sealing of Records Related to Underage Possession or Consumption of Alcohol or Marijuana (MIP)” (8/14)
  • JDF 416 – “Instructions to File a Petition to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 417 – “Petition to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 418 – “Order to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 419 – “Order and Notice of Hearing (Sealing of Records)” (revised 8/14)
  • JDF 435 – “Order Denying Petition to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 611 – “Instructions to Seal Criminal Conviction Records” (revised 8/14)
  • JDF 612 – “Petition to Seal Criminal Conviction Records” (revised 8/14)
  • JDF 613 – “Order Denying Petition to Seal” (revised 8/14)
  • JDF 614 – “Order and Notice of Hearing” (revised 8/14)
  • JDF 615 – “Order to Seal Criminal Conviction Records” (revised 8/14)
  • JDF 617 – “Certificate of Mailing (Sealing and Conviction Actions)” (revised 8/14)

Water

  • JDF 295W – “Standardized Instructions for all Colorado Water Court Divisions” (revised 8/14)

For all of State Judicial’s forms, click here.

Colorado Court of Appeals: Potential Father Entitled Appointed Counsel in Termination of Parental Rights Hearing

The Colorado Court of Appeals issued its opinion in In re Petition of R.A.M. on Thursday, May 22, 2014.

Parental Rights—Termination—Due Process—Right to Counsel.

Mother filed a petition to relinquish her parental rights to the child and named father as the only potential father of the child. With her petition for relinquishment, mother also filed a petition to terminate father’s parental rights. Father was served the petition, summons, and notice to terminate in jail. Father responded to the petition by indicating that he did not wish to relinquish his rights. The court proceeded to hearing without advising father of his rights or considering his request for counsel, and began the hearing without father’s presence. After considering the matter, the court found by clear and convincing evidence that father was the child’s parent. The court agreed with the adoption agency’s interpretation of the relinquishment statute and found that the law required that father be able to assume legal and physical custody of the child “at the time of the hearing.” Because father was incarcerated and thus unable to assume legal and physical custody of the child that day, the court granted the petition and terminated father’s rights.

On appeal, father contended that the trial court violated his due process rights when it failed to appoint counsel for him at the termination hearing. The Court of Appeals agreed. First, father sufficiently expressed his desire for the assistance of counsel. Also, father had an important interest, the state’s interest was not weak, and the risk of error in this case was extremely high. Before the hearing, neither the petition to terminate his rights, nor the notice to terminate his rights or the summons advised father of the allegation to be proven at the hearing: that he cannot personally assume legal and physical custody of the child, taking into account the child’s age, needs, and individual circumstances. Therefore, taking into consideration all of these factors, father had a due process right to counsel. The court’s order denying father’s CRCP 60(b)(3) motion was reversed, the judgment terminating his parent–child legal relationship was vacated, and the case was remanded.

Summary and full case available here.

Veterans Bills, Hepatitis C Bill, Marijuana Bills, and Many Others Signed by Governor

Though the General Assembly has adjourned for 2014, the governor continues to sign legislation. To date, the governor has signed 283 bills and vetoed two bills. He signed bills most days during the week of May 19, and signed veterans bills on Memorial Day – May 26, 2014. Some of these are summarized here.

Monday, May 19, 2014

  • SB 14-173 – Concerning the Recommendation that Certain Persons be Offered a Test for the Hepatitis C Virus, by Sens. Cheri Jahn & Steve King and Reps. Jonathan Singer & Frank McNulty. The bill recommends that health care providers offer a test to screen for hepatitis C to anyone born between 1945 and 1965.
  • SB 14-174 – Concerning the Creation of the Prosecution Fellowship Program, by Sens. Rollie Heath & Mike Johnston and Reps. Mike McLachlan & Dan Pabon. The bill provides a fund in the Department of Higher Education for fellowships for recent Colorado law school graduates to pursue careers as prosecutors in rural areas.

Tuesday, May 20, 2014

  • HB 14-1178 – Concerning a Sales and Use Tax Exemption for Qualified Property Used in Space Flight, and, In Connection Therewith, Making and Reducing Appropriations, by Reps. Mark Ferrandino & Brian DelGrosso and Sens. Mary Hodge & Kevin Grantham. The bill exempts qualified space flight personal property from sales and use tax.

Wednesday, May 21, 2014

  • 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, by Sen. Lucia Guzman and Rep. Daniel Kagan. The bill makes several adjustments to the rule-making authority of the Peace Officers Standards and Training Board and allows fee increases, denial of certification, and more.
  • SB 14-155 – Concerning Grant Funding for Medical Marijuana Health Effects Studies, by Sen. Pat Steadman and Reps. Jenise May & Crisanta Duran. The bill creates a grant program to fund scientific research on the use of marijuana as a part of medical treatment.
  • HB 14-1032 – Concerning the Provision of Defense Counsel to Juvenile Offenders, and, In Connection Therewith, Making and Reducing Appropriations, by Rep. Daniel Kagan and Sen. Lucia Guzman. The bill makes several changes to the procedures concerning providing defense counsel for juvenile offenders.
  • HB 14-1288 – Concerning Information Available Regarding Personal Belief Exemptions to Immunization Requirements for Children Prior to Attending School, by Rep. Dan Pabon and Sen. Irene Aguilar. The bill expands the requirements necessary for parents to waive the immunization requirement for their children prior to attending school.
  • HB 14-1361 – Concerning the Authority of the State Licensing Authority to Establish Equivalencies for Retail Marijuana Products, and, In Connection Therewith, Making an Appropriation, by Reps. Frank McNulty & Jonathan Singer and Sens. Lucia Guzman & Steve King. The bill requires the Department of Revenue to establish rules regarding the equivalency of marijuana flowers and marijuana concentrate by January 1, 2016.
  • HB 14-1366 – Concerning Reasonable Restrictions on the Sale of Edible Retail Marijuana Products, by Reps. Jonathan Singer & Frank McNulty and Sens. Mike Johnston & Steve King. The bill removes the requirement that marijuana flowers be sold in childproof packaging and maintains the requirement for edible marijuana products.

Thursday, May 22, 2014

  • SB 14-051 – Concerning Access to Records Relating to the Adoption of Children, and, In Connection Therewith, Making an Appropriation, by Sen. Lois Tochtrop and Rep. Lori Saine. The bill eliminates different standards for the release of adoption records, and generally seals those records from all but eligible recipients.
  • SB 14-118 – Concerning Improving Protections for Individuals with Disabilities, by Sen. Pat Steadman and Rep. Jovan Melton. The bill changes definitions to conform to the federal Americans with Disabilities Act and increases penalties for certain offenses.
  • HB 14-1042 – Concerning Access by Birth Parents to Records Relating to the Relinquishment of Parental Rights, and, in Connection Therewith, Making an Appropriation, by Rep. Lori Saine and Sen. Lois Tochtrop. The bill requires the custodian of records to release certain records to relinquishing birth parents at the time of relinquishment.
  • HB 14-1372 – Concerning Unauthorized Advertising for Adoption Purposes, by Reps. Kathleen Conti & Beth McCann and Sen. Vicki Marble. The bill prohibits advertising through a public medium for purposes of facilitating adoptions.

Monday, May 26, 2014

  • HB 14-1205 – Concerning the Veterans Assistance Grant Program, by Rep. Su Ryden and Sen. Larry Crowder. The bill creates the Veterans Assistance Grant Program, which will provide financial assistance to nonprofit organizations and governmental agencies providing services to improve the health and well-being of veterans in the state.
  • HB 14-1373 – Concerning Individuals Who May Claim the Property Tax Exemption for Qualifying Seniors and Disabled Veterans, by Reps. Steve Lebsock & Ray Scott and Sens. Larry Crowder & Rachel Zenzinger. The bill allows certain individuals to claim a property tax exemption when those individuals would not ordinarily be allowed to claim the exemption.

For a list of the governor’s legislative decisions, click here.

e-Legislative Report: April 28, 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 did not meet on Friday, April 25.

At the Capitol—Week of April 21

A scorecard of the committee and floor work follows.

In the House

Monday, April 21

Passed on 3rd reading.

  • 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: 36 yes, 26 no, and 3 excused.
  • SB 14-161. Concerning the modernization of provisions of the “Uniform Election Code of 1992” that ensure voter access for eligible electors, and, in connection therewith, reducing the deadline by which a voter registration application must be submitted via certain methods, altering procedures pertaining to national change-of-address searches, allowing emergency ballots to be obtained for nonmedical reasons, amending provisions relating to military and overseas voters, increasing the penalty for providing false residential information, making the aiding or abetting the provision of false residential information a new felony offense, and making and reducing appropriations. Vote: 42 yes, 20 no, and 3 excused.
  • HB 14-1357. Concerning in-home support services provided in the Medicaid program, and, in connection therewith, making and reducing appropriations. Vote: 48 yes, 14 no, and 3 excused.
  • HB 14-1356. Concerning an increase in the Colorado oil and gas commission’s penalty authority, and, in connection therewith, making an appropriation. Vote: 40 yes, 22 no, and 3 excused.
  • HB 14-1373. Concerning individuals who may claim the property tax exemption for qualifying seniors and disabled veterans. Vote: 58 yes, 4 no, and 3 excused.
  • HB 14-1355. Concerning department of corrections reentry initiatives for successful reintegration of adult offenders into the community, and, in connection therewith, making an appropriation. Vote: 47 yes, 15 no, and 3 excused.
  • HB 14-1334. Concerning the petroleum cleanup and redevelopment fund. Vote: 50 yes, 12 no, and 3 excused.
  • HB 14-1311. Concerning the credit against the state income tax for the costs incurred in connection with the preservation of historic structures, and, in connection therewith, making and reducing appropriations. Vote: 50 yes, 12 no, and 3 excused.
  • HB 14-1368. Concerning the transition of youth ages eighteen through twenty-one who have intellectual and developmental disabilities to the adult program of services for persons with intellectual and developmental disabilities, and, in connection therewith, making and reducing appropriations. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1310. Concerning the provision of breath testing devices to law enforcement agencies. Vote: 55 yes, 7 no, and 3 excused.
  • HB 14-1361. Concerning the authority of the state licensing authority to establish equivalencies for retail marijuana products, and, in connection therewith, making an appropriation. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1358. Concerning continuation of in-home support services, and, in connection therewith, authorizing in-home support services for spinal cord injury waiver pilot program participants. Vote: 55 yes, 7 no, and 3 excused.
  • SB 14-154. Concerning funds administered by the division of fire prevention and control in the department of public safety. Vote: 62 yes, 0 no, and 3 excused.
  • SB 14-30. Concerning the fee charged to issue a special license plate to a person with a distinguished flying cross that was awarded for valor, and, in connection therewith, making an appropriation. Vote: 59 yes, 3 no, and 3 excused.
  • SB 14-51. Concerning access to records relating to the adoption of children, and, in connection therewith, making an appropriation. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1044. Concerning consequences for a parolee who tampers with an electronic monitoring device that the parolee is required to wear as a condition of parole. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1371. Concerning property taxation of oil and gas leaseholds and lands, and, in connection therewith, specifying that the wellhead is the point of valuation and taxation for such leaseholds and lands. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1353. Concerning powers of appointment. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1363. Concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1359. Concerning medication synchronization for patients who are prescribed multiple medications. Vote: 58 yes, 4 no, and 3 excused.
  • HB 14-1366. Concerning reasonable restrictions on the sale of edible retail marijuana products. Vote: 62 yes, 0 no, and 3 excused.

Tuesday, April 22

Passed 3rd Reading:

  • SB 14-92. Concerning the creation of the crime of insurance fraud, and, in connection therewith, making an appropriation. Vote: 65 yes and 0 no.
  • HB 14-1362. Concerning great-grandparent visitation with great grandchildren. Vote: 65 yes and 0 no.
  • SB 14-49. Concerning endangering public utility transmission, and, in connection therewith, making an appropriation. Vote: 64 yes and 1 no.

Thursday, April 24

Passed on 3rd reading.

  • HB 14-1383. Concerning the required number of physicians that must be provided to an injured employee for selection of a treating physician in workers’ compensation cases. Vote: 37 yes, 27 no, and 1 excused.
  • HCR 14-1002. Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning the petition signatures required for a citizen initiated constitutional amendment, and, in connection therewith, requiring a portion of the petition signatures for the amendment be gathered from voters who reside in each Colorado congressional district, increasing the total number of petition signatures required for the amendment, and excluding the repeal of an amendment passed prior to 2015 from these petition signature requirements. Vote: 47 yes and 18 no.
  • HB 14-1372. Concerning unauthorized advertising for adoption purposes. Vote: 65 yes and 0 no.

Friday, April 25

Passed 3rd Reading:

  • HB 14-1360. Concerning the continuation of the regulation of home care agencies by the department of public health and environment, and, in connection therewith, implementing the recommendations of the 2013 sunset report by the department of regulatory agencies, as modified by the legislative sunset committee, and making an appropriation. Vote: 48 yes, 16 no, and 1 excused.
  • HB 14-1380. Concerning the Colorado coroners standards and training board, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • SB 14-117. Concerning the reauthorization of the regulation of real estate appraisers by the board of real estate appraisers through a recreation and reenactment of the relevant statutes incorporating no substantive amendments other than those approved during the first regular session of the 69th general assembly. Vote: 49 yes, 15 no, and 1 excused.
  • SB 14-129. Concerning changes to criminal provisions related to marijuana and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.

In the Senate

Monday, April 21

Passed on 3rd Reading:

  • HB 14-1321. Concerning the membership of the Colorado task force on drunk and impaired driving. Vote: 35 yes and 0 no.
  • HB 14-1003. Concerning the exemption from state income tax of income that is earned by a nonresident individual working temporarily in the state to assist with disaster emergency relief activities, and, in connection therewith, making and reducing appropriations. Vote: 35 yes and 0 no.
  • 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: 35 yes and 0 no.
  • HB 14-1042. Concerning access by birth parents to records relating to the relinquishment of parental rights, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 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, and, in connection therewith, reducing an appropriation. Vote: 35 yes and 0 no.
  • HB 14-1339. Concerning the creation of the hazardous substance site response fund. Vote: 35 yes and 0 no.
  • SB 14-183. Concerning an increase in the maximum term of a business incentive agreement that a local government enters into with a taxpayer who pays business personal property tax. Vote: 34 yes and 0 no.
  • SB 14-181. Concerning the elimination of the use of automated vehicle identification systems for traffic law enforcement. Vote: 34 yes and 1 no.
  • HB 14-1045. Concerning the continuation of the breast and cervical cancer prevention and treatment program, and, in connection therewith, making and reducing appropriations. Vote: 29 yes and 6 no.
  • HB 14-1185. Concerning the issuance of travel insurance policies. Vote: 35 yes and 0 no.
  • HB 14-1207. Concerning the creation of the household medication take-back program, and, in connection therewith, making and reducing appropriations. Vote: 25 yes and 10 no.
  • HB 14-1006. Concerning the remittance of the marketing and promotion tax collected by lodging establishments in a local marketing district, and, in connection therewith, making and reducing appropriations. Vote: 33 yes and 2 no.

Tuesday, April 22

Passed on 3rd Reading:

  • SB 14-12. Concerning increasing the assistance payment for the program for aid to the needy disabled, and, in connection therewith, making and reducing appropriations. Vote: 22 yes and 13 no.
  • SB 14-14. Concerning the property-related expense assistance grants for low-income seniors and individuals with disabilities, and, in connection therewith, making and reducing appropriations. Vote: 21 yes and 14 no.
  • HB 14-1313. Concerning a requirement that the owner of a pet animal provide a valid rabies vaccination certificate prior to registering the animal with a county. Vote: 23 yes and 12 no.

Wednesday, April 23

Passed on 3rd Reading:

  • SB 14-186. Concerning the aggregation of efficiency projects in small communities in order to attract private sector investment through performance contracting. Vote: 23 yes and 12 no.
  • SB 14-184. Concerning oversight of the industrial hemp program. Vote: 35 yes and 0 no.
  • 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 ten 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: 35 yes and 0 no.
  • HB 14-1061. Concerning sentences imposing monetary payments in criminal actions, and, in connection therewith, eliminating prison sentences for persons who are unable to pay criminal monetary penalties. Vote: 34 yes and 1 no.
  • HB 14-1280. Concerning limits on liability for agritourism. Vote: 35 yes and 0 no.
  • HB 14-1354. Concerning the ability of a county clerk and recorder to seek judicial review of final action by the secretary of state relating to elections. Vote: 31 yes and 4 no.
  • HB 14-1288. Concerning information available regarding personal belief exemptions to immunization requirements for children prior to attending school. Vote: 19 yes and 16 no.

Friday, April 25

Passed 3rd Reading:

  • HB 14-1347. Concerning statutorily established time periods that are multiples of seven days. Vote: 35 yes and 0 no.
  • HB 14-1344. Concerning the use of electronic means to document transactions related to the business of insurance. Vote: 35 yes and 0 no.
  • HB 14-1266. Concerning the penalties for certain value-based offenses, and, in connection therewith, reducing an appropriation. Vote: 35 yes and 0 no.
  • SB 14-194. Concerning the issuance of identification documents by the department of revenue, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • HB 14-1199. Concerning changes to the regulation of consumer goods service contracts, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • HB 14-1162. Concerning protection of the victim of a sexual assault in cases where a child was conceived as a result of the sexual assault, and, in connection therewith, making legislative changes in response to the study by and the report of the recommendations from the task force on children conceived through rape. Vote: 35 yes and 0 no.
  • HB 14-1144. Concerning measures to improve the performance of district attorneys, and, in connection therewith, making and reducing appropriations. Vote: 33 yes and 2 no.
  • SB 14-3. Concerning child care assistance for working families, and, in connection therewith, making an appropriation. Vote: 19 yes and 16 no.
  • SB 14-176. Concerning crimes related to entities that trade in stolen vehicles, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • SB 14-187. Concerning creation of the Colorado commission on affordable health care to analyze health care costs in Colorado, and, in connection therewith, making an appropriation. Vote: 23 yes and 12 no.
  • SB 14-164. Concerning aerial firefighting efforts through the division of fire prevention and control in the department of public safety, and, in connection therewith, implementing recommendations made by the division regarding the Colorado firefighting air corps. Vote: 35 yes and 0 no.

Stay tuned for 10 Bills of Interest.

e-Legislative Report: March 17, 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 did not meet on Friday, March 14.

At the Capitol—Week of March 10

A scorecard of the committee and floor work follows.

In the House

Monday, March 10

Passed 3rd Reading:

  • HB 14-1141. Concerning the confidentiality of social security numbers under the “Colorado Consumer Protection Act.” Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-97. Concerning the immunity of public agencies against liability arising from the wildfire mitigation activities of insurance companies. Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-138. Concerning civil immunity for community volunteers assisting at an emergency. Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-121. Concerning financial assistance for local governments after a declared disaster emergency. Vote: 63 yes, 0 no, and 2 excused.
  • SB 14-96. Concerning renaming state veterans’ nursing homes to veterans community living centers to more accurately reflect the wide array of services provided to state veterans. Vote: 63 yes, 0 no, and 2 excused.

Tuesday, March 11

  • SJM14-1. Memorializing former Senator Ken Gordon. Vote: 63 yes, 0 no, and 2 excused. In a joint-session, the House and Senate met to consider SJM14-001 Memorializing former Senator Ken Gordon.

Wednesday, March 12

Passed on 3rd Reading:

  • HB 14-1136. Concerning exempting a continuing professional education program that is approved by a state professional licensing board from regulation by the division of private occupational schools in the department of higher education. Vote: 63 yes, 0 no, and 2 absent or excused.
  • HB 14-1216. Concerning required safety markings for certain towers over fifty feet in height that are located in unincorporated areas of the state. Vote: 63 yes, 0 no, and 2 absent or excused.
  • HB 14-1131. Concerning harassment against a minor by using an interactive computer service.Vote: 54 yes, 10 no, and 1 excused.
  • HB 14-1149. Concerning making acts related to the advertisement of children for the purposes of transferring their care to others trafficking in children. Vote: 64 yes, 0 no, and 1 excused.
  • SB 14-80. Concerning the elimination of the list of certain additional qualifications that apply to property valuation appeal arbitrators. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1280. Concerning limits on liability for agritourism. Vote: 64 yes, 0 no, and 1 excused.

Thursday, March 13

Passed on 3rd Reading:

  • HB 14-1277. Concerning eligibility requirements for recipients of grants from the military family relief fund. Vote: 61 yes, 2 no, and 2 absent or excused.
  • SB 14-63. Concerning the mandatory review of existing executive branch agency rules conducted by each principal department. Vote: 63 yes, 0 no, and 2 absent or excused.

In the Senate

Monday, March 10

Passed on 3rd Reading:

  • SB 14-125. Concerning the regulation of transportation network companies, and, in connection therewith, requiring transportation network companies to carry liability insurance, conduct background checks on transportation network company drivers, inspect transportation network company vehicles, and obtain a permit from the public utilities commission; and making an appropriation. Vote: 29 yes and 6 no.
  • HB 14-1172. Concerning exempting certain public safety departments from certain statutory requirements related to the impact of a criminal conviction on state employment opportunities. Vote: 35 yes and 0 no.

Tuesday, March 11

  • SJM14-1. Memorializing former Senator Ken Gordon. Vote: 63 yes, 0 no, and 2 excused. In a joint-session, the House and Senate met to consider SJM14-001 Memorializing former Senator Ken Gordon.

Wednesday, March 12

Passed on 3rd Reading:

  • SB 14-32. Concerning elimination of restrictions on the ability of alternative health care providers to treat children. Vote: 18 yes and 17 no.
  • HB 14-1224. Concerning a set aside goal in state procurement for service-disabled veteran owned small businesses. Vote: 27 yes and 8 no.

Thursday, March 13

Passed on 3rd Reading:

  • Consent Calendar: Vote 33 yes, 0 no, and 2 excused.
    1. SB 14-51. Concerning access to records relating to the adoption of children, and, in connection therewith, making an appropriation.
    2. HB 14-1103. Concerning the criteria that certain securities must meet to qualify as legal investments for public funds.
  • SB 14-131. Concerning the removal of certain identifying information from a motor vehicle registration card. Vote: 33 yes, 0 no, and 2 excused.
  • SB 14-117. Concerning the reauthorization of the regulation of real estate appraisers by the board of real estate appraisers through a recreation and reenactment of the relevant statutes incorporating no substantive amendments other than those approved during the first regular session of the 69th general assembly. Vote: 30 yes, 3 no, and 2 excused.
  • HB 14-1077. Concerning an increase in the statutory cap on the two-year average of the unobligated portion of the oil and gas conservation and environmental response fund. Vote: 27 yes, 6 no, and 2 excused.

Friday, March 14

Passed on 3rd Reading:

  • SB 14-23. Concerning an authorization of the voluntary transfer of water efficiency savings to the Colorado water conservation board for instream use purposes in water divisions that include lands west of the continental divide. Vote: 25 yes, 9 no, and 1 excused.
  • HB 14-1152. Concerning passive surveillance records of governmental entities. Vote: 34 yes, 0 no and 1 excused.

e-Legislative Report: March 10, 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 the LPC meeting on Friday, March 7:

  • The Committee voted to take a neutral position on HB 14-1285. Concerning a requirement that a professional tax preparer provide certain disclosures to a client when preparing tax documents for the client but suggest amendments to exclude attorneys from the application of the act.
  • The Committee voted to support and offer amendments to SB 14-98 Concerning clarifications to statutory language on crimes against at-risk elders.

At the Capitol—Week of March 3

A scorecard of the committee and floor work follows.

In the House

Monday, March 3

Passed 3rd Reading:

  • HB 14-1171. Concerning rules on forensic medical evidence in sexual assault cases. Vote: 59 yes, 0 no, and 6 excused.
  • SB 14-48. 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. Vote: 59 yes, 0 no, and 6 excused.
  • HB 14-1002. Concerning the establishment of a grant program under the “Colorado Water Quality Control Act” to repair water infrastructure impacted by a natural disaster, and, in connection therewith, making an appropriation. Vote: 51 yes, 8 no, and 6 excused.
  • HB 14-1003. Concerning the exemption from state income tax of income that is earned by a nonresident individual working temporarily in the state to assist with disaster emergency relief activities, and, in connection therewith, making an appropriation. Vote: 59 yes, 0 no, and 6 excused.
  • HB 14-1006. Concerning the remittance of the marketing and promotion tax collected by lodging establishments in a local marketing district, and, in connection therewith, making an appropriation. Vote: 53 yes, 3 no, and 6 excused.

Tuesday, March 4

Passed 3rd Reading:

  • SB 14-83. 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. Vote: 60 yes, 0 no, and 5 excused.
  • 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. Vote: 60 yes, 0 no, and 5 excused.
  • HB 14-1017. Concerning measures to expand the availability of affordable housing in the state, and, in connection therewith, making modifications to statutory provisions establishing the housing investment trust fund, the housing development grant fund, and the low-income housing tax credit; and making an appropriation. Vote: 36 yes, 24 no, and 5 excused.

Thursday, March 6

Passed on 3rd Reading:

  • HB 14-1186. Concerning the release of medical records to a person other than the patient, and, in connection therewith, setting reasonable fees to be paid for the release of the medical records. Vote: 58 yes, 0 no, and 7 absent or excused.
  • HB 14-1089. Concerning the qualification for a person to use the 10th mountain division license plate. Vote: 53 yes, 8 no, and 4 absent or excused.
  • HB 14-1148. Concerning guidelines for ensuring the rights of victims of crime to participate in the criminal justice system. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-105. Concerning the elimination of the requirement that a portion of the fees collected for the water resources cash fund be transferred to the state general fund. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-107. Concerning the continuation of the department of law’s authority to accept gifts, grants, and donations. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-120. Concerning the continuous appropriation of certain amounts in the state employee workers’ compensation account in the risk management fund. Vote: 52 yes, 9 no, and 4 absent or excused.
  • HB 14-1274. Concerning the modification of certain limitations on the managers of a bank chartered by Colorado. Vote: 61 yes, 0 no, and 4 absent or excused.
  • HB 14-1271. Concerning extending a mental health provider’s duty to warn to include specific entities that, if purposefully damaged or attacked as a result of a mental health patient’s violent behavior, would jeopardize public health and safety. Vote: 61 yes, 0 no, and 4 absent or excused.
  • SB 14-59. Concerning eliminating the statute of limitations for offenses that accompany sex offenses that are not subject to a statute of limitations. Vote: 58 yes, 3 no, and 4 absent or excused.
  • SB 14-9. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property. Vote: 46 yes, 15 no, and 4 absent or excused.

Friday, March 7

Passed on 3rd Reading:

  • HB 14-1042. Concerning access by birth parents to records relating to the relinquishment of parental rights, and, in connection therewith, making an appropriation. Vote: 61 yes, 0 no, and 4 excused.
  • HB 14-1257. Concerning the authority of the state auditor to conduct a performance audit of the Colorado health benefit exchange. Vote: 60 yes, 1 no, and 4 excused.
  • SB 14-43. 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. Vote: 61 yes, 0 no, and 4 excused.

In the Senate

Tuesday, March 4

Passed on 3rd Reading:

  • Consent Calendar: Vote: 34 yes, 0 no, and 1 excused.
    1. HB 14-1112. Concerning limited authorization for a county clerk and recorder to redact the first five digits of a social security number from a public document recorded with the clerk and recorder at the request of the individual to whom the social security number is assigned.
    2. HB 14-1051. Concerning a strategic plan for enrolling all eligible persons with intellectual and developmental disabilities into programs at the time services and supports are needed, and, in connection therewith, requiring the department of health care policy and financing to develop and implement the strategic plan and to report annually on the number of persons waiting for services and supports.
    3. HB 14-1174. Concerning the sunset review of the natural areas council. Vote: 33 yes, 1 no, and 1 excused.
  • SB 14-22. Concerning certified community development financial institutions, and, in connection therewith, authorizing such institutions to serve as a qualified holder and to present a request for full or partial release of collateral pledged without presentation of the original promissory note. Vote: 19 yes, 15 no, and 1 excused.
  • HB 14-1073. Concerning the recording of legal documents. Vote: 33 yes, 1 no, and 1 excused.
  • HB 14-1052. Concerning an increase in the enforcement authority of ground water management districts. Vote: 22 yes, 12 no, 1 excused.
  • HB 14-1122. Concerning provisions to keep legal marijuana from underage persons. Vote: 34 yes, 0 no, and 1 excused.
  • HB 14-1166. Concerning the renewal of concealed handgun permits by Colorado county sheriffs. Vote: 34 yes, 0 no, and 1 excused.

Wednesday, March 5

Passed on 3rd Reading:

  • HB 14-1065. Concerning limits on indemnification provisions in motor carrier transportation contracts. Vote: 33 yes and 2 no.
  • HB 14-1121. Concerning notice requirements for county highway contract bid solicitations, and, in connection therewith, increasing the threshold value of a contract for which a county must advertise in a newspaper in the county or post notice in the county courthouse from five thousand dollars to the amount at which a contract requires a contractor’s bond. Vote: 22 yes and 13 no.

Friday, March 7

Passed on 3rd Reading:

  • Consent Calendar: Vote 34 yes, 0 no and 1 excused.
    1. HB 14-1229. Concerning authorizing sharing information between state and local government agencies related to legal marijuana.
    2. 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.
    3. HB 14-1183. Concerning the reinstatement of the authority for active military personnel to practice professionally. Vote: 33 yes, 1 no, and 1 excused.

Stay tuned for ten bills of interest.

Filing Fees Amended Along with Forms in Domestic, Probate, Seal My Case, and Other Categories

The Colorado State Judicial Branch continues to revise its JDF forms. In February and March 2014, forms were revised in the Adoption, Appeals, Domestic, Garnishment & Judgment, Probate, and Seal My Case categories, and the filing fees were also amended. Additionally, forms were added to the Seal My Case category regarding juvenile contacts with law enforcement that do not result in referrals to other agencies.

Forms are available here for download in PDF format. Forms are available as Word documents from the State Judicial website.

ADOPTION

  • JDF 526 – “Affidavit of Diligent Efforts” (R2/14)

APPEALS

  • JDF 126 – “Instructions to File a Small Claims or County Civil Appeal” (R2/14)

DOMESTIC

  • JDF 211 – “Motion to Reduce Payment for ODR Services and Supporting Financial Affidavit” (R3/14)
  • JDF 1804 – “Income Withholding for Support” (R2/14)

FEES

  • JDF 1 – “Filing Fees, Surcharges, and Costs in Colorado Courts” (R2/14)
  • JDF 205 – “Motion to File Without Payment of Filing Fee/Waive Other Costs Owed to the State and Supporting Affidavit” (R3/14)

GARNISHMENTS & JUDGMENTS

  • JDF 125 – “Order for Revival of Judgment” (R3/14)

PROBATE

  • JDF 998 – “Instructions for Completing Affidavit for Collection of Personal Property” (R2/14)
  • JDF 999 – “Collection of Personal Property by Affidavit” (R2/14)

SEAL MY CASE

  • JDF 301 – “Instructions to File an Expungement Juvenile ‘JD’ Case, Criminal ‘CR’ Case, or Municipal Case” (R3/14)
  • JDF 302 – “Petition for Expungement of Records” (R3/14)
  • JDF 303 – “Notice of Hearing on Petition for Expungement” (R3/14)
  • JDF 304 – “Order of Expungement of Records” (R3/14)
  • JDF 324 – “Petition for Expungement of Records for a Law Enforcement Contact Not Resulting in a Referral to Another Agency” (Added 3/14)
  • JDF 325 – “Notice of Hearing on Petition for Expungement of Records for a Law Enforcement Contact Not Resulting in a Referral to Another Agency” (Added 3/14)
  • JDF 326 – “Order of Expungement of Records for a Law Enforcement Contact Not Resulting in a Referral to Another Agency” (Added 3/14)

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

HB 14-1042: Requiring Certain Relinquishment Paperwork to be Provided to Birth Parents

On January 8, 2014, Rep. Lori Saine and Sen. Lois Tochtrop introduced HB 14-1042 – Concerning Access by Birth Parents to Records Relating to the Relinquishment of Parental RightsThis summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

This bill requires that a custodian of records relating to the relinquishment of a child provide the following records to the child’s birth parent at the time of relinquishment or at the time the document is created:

  • The original birth certificate;
  • The petition to relinquish;
  • The final order of relinquishment or other relinquishment documents;
  • The affidavit of counseling;
  • The temporary waiver of custody; and
  • The expedited relinquishment documents, if applicable.

If relinquishment records were not provided to a birth parent at the time of the relinquishment of the child or at the time the document was created and the subsequent termination of the parent-child legal relationship was not the result of a dependency and neglect action, then upon written request of the birth parent and proof of identification, the custodian of the records shall provide access to and copies of such records to the birth parent, including all documents that the birth parent signed or on which the birth parent is named. The bill is assigned to the Public Health Care & Human Services Committee.

Since this summary, the bill was amended in the House Committee on Public Health Care & Human Services and was sent to the Finance Committee.

SB 14-051: Revising Requirements Regarding Access to Adoption Records

On Friday, January 10, 2014, Sen. Lois Tochtrop introduced SB 14-051 – Concerning Access to Records Relating to the Adoption of Children. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill repeals and reenacts portions of the existing statute on access to adoption records to eliminate different standards of access by members of the adoption triad (consisting of the adoptee, the birth parents, and the adoptive parents) and their descendants based on the law in existence on the date the adoption was finalized. The bill retains the current policy that adoption records are confidential from the general public, unless the requesting party is eligible under the statute to access the records or unless the court finds good cause for release. The bill retains current policy that after a birth parent is deceased or an adult adoptee is deceased, eligible relatives may receive access to the adoption records.

Contact preference forms. The bill allows for the continued use of the contact preference form issued by the state registrar of vital statistics (state registrar), which form may be used by a birth parent to indicate whether he or she prefers to be contacted by an adoptee, the descendant of an adoptee, or a representative of either directly, through a third party, or not at all. Effective July 1, 2014, the state registrar shall not distribute a contact preference form that gives a birth parent the option to authorize or not authorize release of the original birth certificate to the adult adoptee, his or her descendants, or certain adoptive family members. Prior to releasing an original birth certificate to an individual eligible to access it, the state registrar or the custodian of records must conduct a search to determine whether a contact preference form was filed with the state registrar. If a contact preference form was executed prior to July 1, 2014, and the birth parent stated a preference not to authorize release of the original birth certificate, then the state registrar or other custodian of records may not release the original birth certificate to an adult adoptee or other eligible individual unless the birth parent rescinds or changes the contact preference form, upon mutual consent of two or more reunited parties, the birth parent is deceased, or a court orders its release. If one birth parent has authorized the release of the birth certificate and the other birth parent has not authorized the release, the state registrar or other custodian of records may only issue the original birth certificate with the name of the non-consenting parent redacted.

The state registrar shall maintain and make available to the public accurate statistics about the number of contact preference forms on file with the state registrar and how many of the forms state a preference for contact, no contact, or contact through a third party.

Access to adoption records by adult adoptees, their descendants, or adoptive family members. The bill retains current policy regarding parties who are eligible to apply for adoption records. A custodian of adoption records must release adoption records (including birth certificates) to an adult adoptee, an adoptive parent of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any such individual. In addition, the custodian of records must provide direct access for inspection and copying of adoption records to a spouse of an adult adoptee, adult descendant of an adoptee, adult sibling or half-sibling of an adult adoptee, adoptive parent or grandparent of an adult adoptee, or the legal representative of any such individual, if the individual requesting access has the notarized written consent of the adult adoptee or if the adult adoptee is deceased.

Access to original birth certificates by birth parents. Upon request, the state registrar must provide to a birth parent who relinquished a child for adoption a copy of the unaltered original birth certificate that the birth parent signed or was named in.

Access to death certificates. The state registrar is authorized to conduct a search of death certificates to determine whether a birth parent or an adoptee is deceased and to provide a copy of any death certificate found to the requesting eligible individual. The state registrar may collect fees for conducting a search and for making copies and shall transmit any fees to the state treasurer who must credit the fees to the vital statistics records cash fund.

The legal custodian shall not release records unless the individual requesting access is eligible to access the records and provides proof of personal identification. The legal custodian may charge reasonable fees for copying records.

The bill retains the existing policy that allows identifying information in records of child placement agencies to remain confidential based on prior written statements of birth parents on file with the child placement agency or the court. Subject to the provisions of this bill, any party may seek direct contact with another party or use the services of a confidential intermediary, a licensed child placement agency that agrees to conduct a search, or the voluntary mutual consent registry operated by the state registrar. The bill makes conforming amendments. On Jan. 29 the Judiciary Committee heard testimony but did not vote on the bill.