July 18, 2019

Governor Hickenlooper Finishes Signing Bills Approved This Year by General Assembly

Governor Hickenlooper’s desk got a little cleaner last week, as he signed the last of the bills approved by the General Assembly during this legislative session. In total, the governor signed 309 bills this year. He also vetoed one bill, allowed one bill to pass into law without his signature, and allowed Lieutenant Governor Joe Garcia to sign one bill.

And, don’t miss our Legislative Wrap-Up CLE Presentation on July 10 to learn how laws passed this legislative session will affect your practice! Details below.

On Wednesday, June 6, 2012, Governor Hickenlooper signed eight bills into law, including a bill designed to modernize the state’s personnel system. That bill and two others are summarized here.

  • HB 12-1321Concerning the State Personnel System, and, in Connection Therewith, Enacting the “Modernization of the State Personnel System Act.”
    Sponsored by Reps. Mark Ferrandino and Glenn Vaad and Sens. Mike Johnston and Keith King. The bill establishes a merit pay system to replace the old pay-for-performance system, makes changes regarding separation of state employees, and makes conditional changes to the appointment of state employees.
  • HB 12-1272Concerning Continuation of Enhanced Unemployment Insurance Benefits for Unemployed Individuals Participating in Approved Training Programs, and, in Connection Therewith, Making an Appropriation.
    Sponsored by Reps. Crisanta Duran and Robert Ramirez and Sen. Linda Newell. The bill extends enhanced unemployment insurance benefits for unemployed individuals involved in approved training programs until June 30, 2014.
  • HB 12-1041Concerning the Creation of an Electronic Death Registration System in the Department of Public Health and Environment and, in Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Jeanne Labuda and Sen. Lucia Guzman. The bill creates an electronic system for reporting of death information to counties and provides an alternative to the current paper-based system that requires families to travel to the decedent’s county of death in order to receive a death certificate.

The governor continued his bill signing efforts on Thursday, June 7, 2012, when he signed two bills, including a criminal proceedings omnibus bill and a bill clarifying CORA. These two bills are summarized below.

  • HB 12-1310Concerning Changes to Statutory Provisions Related to Criminal Proceedings, and, in Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Bob Gardner and Sen. Morgan Carroll. The bill incorporates several other bills regarding issues of criminal procedure, and affects several areas of criminal law, including sentencing, court proceedings, sex offenses, probation, and parole. It also criminalizes the use of cathinones (bath salts).
  • HB 12-1036Concerning Clarification of the Exemption from the “Colorado Open Records Act” for Investigative Files.
    Sponsored by Rep. Jim Kerr and Sen. Betty Boyd. The bill clarifies that the exemption from CORA applies to investigative files for all civil, criminal, and administrative proceedings in Colorado, and also clarifies the security and chain of custody for ballots throughout the election season.

On Friday, June 8, 2012, Governor Hickenlooper signed the last bills of this legislative session. He signed 14 bills on Friday, including two bills that help military families in Colorado, HB 12-1059 and HB 12-1350. Five of the bills Governor Hickenlooper signed Friday are summarized here.

  • HB 12-1273Concerning the Inclusion of Approved Facility Schools Affiliated with a Hospital to the Definition of Child Care Facility for Purposes of the Child Care Contribution Income Tax Credit.
    Sponsored by Rep. Dan Pabon and Sen. Pat Steadman. The bill adds schools that are operated by nonprofit hospital facilities for the benefit of their patients to the list of eligible recipients for the state child care contribution tax credit. Facilities would be eligible to receive donations in 2013 but individuals would not be able to claim the credit until 2014.
  • HB 12S-1002 Concerning Administration of the Unemployment Insurance Program in Order to Stabilize Unemployment Insurance Rates, and, in Connection Therewith, Facilitating the Issuance of Unemployment Revenue Bonds, Accelerating the Creation of the Division of Unemployment Insurance in the Department of Labor and Employment, and Making Technical Changes to Provisions Enacted as a Part of House Bill 11-1288 to Ensure Appropriate Transition to the New Unemployment Insurance Premium Rate Structure.
    Sponsored by Reps. Larry Liston and Dan Pabon and Sen. Cheri Jahn. The bill enables the newly created Division of Unemployment Insurance (UI) to issue revenue bonds on behalf of the UI program. It requires certification from several officials, including the Executive Director of the CDLE, the State Treasurer, and the Governor, regarding the issuance of the revenue bonds.
  • SB 12-036Concerning Parental Consent for the Collection of Information from Students in Schools.
    Sponsored by Sen. Shawn Mitchell and Rep. Chris Holbert. The bill requires parental consent when schools gather certain information from students, including social security numbers or information regarding religious affiliation.
  • SB 12-128 Concerning Achieving Efficiencies in the Medicaid Long-Term Care Program Through Greater Utilization of Alternative Care Facilities.
    Sponsored by Sen. Ellen Roberts and Rep. Ken Summers. The bill authorizes the Department of Health Care Policy and Financing to enhance reimbursements to alternative care facilities for patients transferred from nursing homes and also allows the DHCPF to create a program to identify Medicaid patients who are at risk of long-term nursing home placement and could otherwise utilize alternative care facilities.
  • HB 12-1110 Concerning the Regulation of Appraisal Management Companies, and, in Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Angela Williams and Sen. Morgan Carroll. The bill redefines the legal meaning of appraisal management companies (AMCs) and creates a licensure process in the Division of Real Estate, including establishing licensure guidelines.

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, click here.

CLE Program: 2012 Legislative Update with Michael Valdez – Tales from Under the Golden Dome

This CLE presentation will take place on Tuesday, July 10. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

e-Legislative Report: Week Seven, February 27, 2012

The latest Legislative Video Update with Michael Valdez summarizes the Colorado Bar Association’s position on several bills, including Civil Unions, a bill concerning the Dissolution of Marraige, and Electronic Death Certificates.

 

CBA Legislative Policy Committee

The LPC did not meet on Friday, February 24. However, positions taken by the committee met on February 17 were omitted from last week’s newsletter due to this writer being out on sick-leave so this is an opportune time to catch you up on LPC positions taken. One position was taken on Wednesday, February 15.

SB 12-002 – Civil Unions
The LPC voted by conference call on Wednesday, February 15 to support SB 2 – Concerning Civil Unions. The Wednesday meeting was called because the bill suddenly appeared on the Judiciary Committee calendar late on Monday afternoon. The Civil Rights Committee had asked the LPC to take a formal “no position” on the bill; several sections countered with requests to the LPC to support the bill – with some needed technical corrections amendments. The sections supporting the bill were: Family, Juvenile, Elder, and Business (the Trust and Estate Section has since voted to support the bill). The LPC voted to support the bill but asked the sections to suggest and develop amendments to improve the bill. In a by-the-way note, this position is consistent with the position taken by the CBA Board of Governors in 2006 when the Board voted to support Referendum I – Domestic Partnerships. The bill passed the Judiciary and Finance Committees on February 15 and 16 respectively; the bill sits in the Appropriations Committee waiting to be calendared.

HB 12-1262 – Concerning Updates to UCC Article 9 “Secured Transactions”
At the request of the Business Law Section, the LPC voted to support HB 1262 – Updates to UCC Article 9. The bill contains needed updates to the 2001 statute that was adopted in Colorado. The ad hoc committee of the Business Law Section spent the last 24-months working through the amendments suggested by the National Conference of Commissioners on Uniform State Legislation (NCCUSL). The CBA testified in support of the bill on Thursday, February 23 and the bill passed out of the Judiciary Committee, unamended, on a 10-0 vote, with one excused. The next stop for the bill is the floor of the House on 2nd Reading.

HB 12-1256 – Formula for Maintenance in a Dissolution of Marriage Action
The Family Law Section was granted permission to oppose the legislation at the Capitol but the LPC also allowed the section to approach the sponsor to request the bill be pulled from consideration in this session and that a Task Force work over the summer to try to find a bill that all can agree upon. The sponsor, Rep. Beth McCann, agreed to table for 2012 and to the establishment of a Task Force on the issue that will be spearheaded by the CBA Family Law Section.

HB 12-1041 – Electronic Death Certificates
The Trust and Estate Section asked for permission to support HB 1041 – Concerning Electronic Death Certificates. The bill creates an electronic death registration system to allow persons who report death information to the Office of the State Registrar of Vital Statistics to do so electronically. The bill contemplates an alternative to the current paper based system that relies on the hand delivery of death certificates to required locations. We do not see a direct positive to practitioners but it should help their clients who sometimes have to wait for the paper filings to make their way through the hand delivery process. The bill is headed to the House floor after surviving the Appropriations Committee on Friday, February 24.

HB 12-1041: Creation of an Electronic Death Registration System for the Department of Public Health and Environment

On January 11, 2012, Rep. Jeanne Labuda and Sen. Lucia Guzman introduced HB 12-1041 – Concerning the Creation of an Electronic Death Registration System in the Department of Public Health and Environment. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the department of public health and environment to create an electronic death registration system for purposes of allowing persons responsible for reporting death information to the office of the state registrar of vital statistics to do so electronically.

Since this summary, the House Committee on Health and Environment amended the bill and referred it to Finance.

Summaries of other featured bills can be found here.