July 17, 2019

Governor Hickenlooper Signs Several Bills Into Law

Governor Hickenlooper signed the first bill of this legislative session into law on January 30, 2012. Since then, he has signed nearly 60 bills into law.

On Monday, March 19, Governor Hickenlooper signed the following bills:

  • HB 12-1018: Concerning Modifications to Available Affiliation by Social Security Employers with The Fire And Police Pension Association
    • Sponsored by Rep. Jeanne Labuda and Sen. Lois Tochtrop. The bill requires employers eligible to participate in the Fire and Police Pension Association who offer death and disability plans to also participate in the FPPA Social Security supplemental plan.
  • HB 12-1071: Concerning Portable Electronics Insurance
    • Sponsored by Rep. Larry Liston and Sen. Cheri Jahn. The bill allows certain vendors of portable electronics devices to sell insurance on those devices and enacts certain requirements for training and sales commissions.
  • HB 12-1077: Concerning Modifications to the Investment Confidentiality Provisions Related to Police Officers’ and Firefighters’ Pension Plans
    • Sponsored by Rep. Bob Gardner and Sen. Lois Tochtrop. The bill clarifies confidentiality provisions of the Police and Firefighters’ Pension Plans so that potential investors can disclose sensitive information without fear of it becoming a public record.
  • HB 12-1096: Concerning an Extension of the Period for Which the Voluntary Contribution Designation Line Benefiting the Make-A-Wish Foundation Of Colorado Fund Appears on State Individual Income Tax Return Forms
    • Sponsored by Rep. Andy Kerr and Sen. Greg Brophy. The bill extends until 2016 the income tax checkoff for a charitable contribution to the Make-A-Wish Foundation.
  • HB 12-1120: Concerning the Creation of the Division Of Unemployment Insurance in the Department Of Labor And Employment to Administer the Unemployment Insurance Program
    • Sponsored by Rep. Keith Swerdfeger and Sen. Lois Tochtrop. The bill creates a Division of Unemployment Insurance within the Department of Labor and Employment and relocates the existing unemployment insurance program to the new Division.
  • HB 12-1127: Concerning Elimination of an Increase in the Unemployment Insurance Premium Rate for New Employers
    • Sponsored by Rep. Larry Liston and Sen. Suzanne Williams. The bill reduces the unemployment insurance premium rate for new employers.
  • SB 12-029: Concerning the Enactment of Colorado Revised Statutes 2011 as the Positive and Statutory Law of The State Of Colorado
    • Sponsored by Sen. John Morse and Rep. Bob Gardner. The bill enacts the softbound volumes of the Colorado Revised Statutes as the state’s positive and statutory law.
  • SB 12-042: Concerning Bringing Certain Statutory Provisions Related to Child Support Into Compliance with Federal Law
    • Sponsored by Sen. Nancy Spence and Rep. Ken Summers. The bill requires the Department of Human Services to make changes in order to comply with federal law.
  • SB 12-111: Concerning Departmental Reporting of Full-Time Equivalent Employees
    • Sponsored by Sen. Mary Hodge and Rep. Claire Levy. The bill modifies personnel-related reporting requirements for state agencies.
  • SB 12-112: Concerning the Headnote Definition of Full-Time Equivalent Employees Used in the Annual General Appropriation Act
    • Sponsored by Sen. Mary Hodge and Rep. Claire Levy. The bill modifies the definition of full-time employee to account for actual hours worked in a year.
  • SB 12-113: Concerning the Designation in the Annual General Appropriations Act of the Portion to be Redirected to the Counties of the State’s Share of Recoveries for Public Assistance Paid for Family Support Obligations
    • Sponsored by Sen. Kent Lambert and Rep. Cheri Gerou. The bill requires the General Assembly to set the state’s share of public assistance recoveries that are redirected to counties.
  • SB 12-114: Concerning the Crediting of all Disputed Payments Received by the State Pursuant to the Tobacco Litigation Settlement Agreement on Or After July 1, 2008, to the State General Fund
    • Sponsored by Sen. Kent Lambert and Rep. Claire Levy. The bill extends a provision allowing any disputed tobacco litigation settlement payments to be credited to the general fund.
  • SB 12-115: Concerning a Requirement That the Limited Gaming Control Commission Take Into Account the Impact on All Authorized Recipients of Gaming Tax Revenue When Considering Changes in Rules Governing the Taxes On Limited Gaming Activity
    • Sponsored by Sen. Pat Steadman and Rep. Jon Becker. The bill requires the Limited Gaming Control Commission to receive testimony from recipients of gaming revenue whenever a rule is adopted that changes the tax rates or policies.

Governor Hickenlooper signed five bills into law on Friday, March 16:

  • HB 12-1147: Concerning the designation of the Western Tiger Salamander as the state amphibian
    • Sponsored by Rep. Angela Williams and Sen. Joyce Foster. The bill designates the western tiger salamander as the state amphibian.
  • HB 12-1050: Concerning the voluntary contribution designation benefiting the nongame and endangered wildlife fund that appears on the state individual income tax return forms and, in connection therewith, extending the period for the contribution designation
    • Sponsored by Rep. Roger Wilson and Sen. Jeanne Nicholson. The bill extends until 2016 the income tax checkoff contribution for the Nongame and Endangered Wildlife Fund.
  • HB 12-1079: Concerning designation of certain positions in the Department of Public Safety
    • Sponsored by Rep. Mark Barker and Sen. Steve King. Allows executive director of Department of Public Safety to name a deputy executive director and clarifies that deputy executive director and director of Division of Criminal Justice are peace officers.
  • HB 12-1231: Concerning the authority of the Department of Revenue to allow licensed private investigators access to certain motor vehicle records for specified purposes
    • Sponsored by Rep. Su Ryden and Sen. Nancy Spence. The bill requires private investigators to be licensed in order to access certain motor vehicle records.
  • HB 12-1013: Concerning intervention services for middle-grade students
    • Sponsored by Reps. Rhonda Fields and Chris Holbert and Sens. Evie Hudak and Keith King. The bill requires that local school boards consider enacting measures to identify kids at risk of dropping out.

Governor Hickenlooper signed seven bills into law on Thursday, March 15:

  • HB 12-1010: Concerning the reissuance of a lost share certificate of a mutual ditch company
    • Sponsored by Rep. Randy Baumgardner and Sen. Angela Giron. The bill eliminates the three-year waiting period for reissuance of a lost share from a mutual ditch company and adds lienholders to the list of potential recipients of reissued shares.
  • HB 12-1158: Concerning the regulation of producers of materials that may be used in commercial livestock feed, and, in connection therewith, repealing the “Colorado Inedible Meat Rendering and Processing Act of 1967” and relocating some of its provisions to the “Colorado Feed Law.”
    • Sponsored by Rep. Randy Baumgardner and Sens. Angela Giron and Kevin Grantham. The bill repeals the “Colorado Inedible Meat Rendering and Processing Act of 1967” and grants the Commissioner of Agriculture rulemaking authority.
  • HB 12-1054: Concerning simplification of the procurement process for providers who have previously been approved to participate in health care programs administered by the Department of Health Care Policy and Financing
    • Sponsored by Rep. Rhonda Fields and Sen. Betty Boyd. The bill grants DHCPF rulemaking authority to simply procedures for providers to offer health care programs regulated by DHCPF.
  • HB 12-1015: Concerning the procedure for the review of a proposal to regulate an unregulated profession or occupation
    • Sponsored by Rep. Chris Holbert and Sen. Tim Neville. The bill modifies the sunrise review process for new licensing of professions by the Department of Regulatory Agencies.
  • HB 12-1022: Concerning the amount of water that permitted mining operation that construct impermeable areas that eliminate preexisting natural evapotranspiration are required to replace
    • Sponsored by Rep. Jerry Sonnenberg and Sen. Gail Schwartz. Mining operators will not be required to replace historic natural depletion to stream water.
  • HB 12-1139: Concerning pretrial detention of children prosecuted as adults
    • Sponsored by Rep. Claire Levy and Sen. Lucia Guzman. The bill requires that children who are to be prosecuted as adults be detained in a juvenile facility unless otherwise ordered by a judge after careful consideration.
  • SB 12-048: Concerning the creation of the “Colorado Cottage Foods Act” for locally produced home foods sold directly to consumers
    • Sponsored by Sen. Gail Schwartz and Rep. Don Coram. The bill allows local producers of potentially nonhazardous foods to use their own kitchens and sell foods at certain local retailers.

Governor Hickenlooper signed more bills into law on Friday, March 9; Thursday, March 8;  Thursday, March 1; Thursday, Feb. 23; Wednesday, February 15; and Monday, January 30. Additionally, Lt. Governor Joe Garcia signed a bill into law in Gov. Hickenlooper’s absence on Wednesday, March 7.

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

e-Legislative Report: Week Nine, March 12, 2012

In this week’s Legislative Video Update, Michael Valdez discusses discusses SB 12-102, which would repeal the crime of libel, as well as an overview of the week at the Capitol, which includes pre-trial detention of minors, legal separation procedures, judicial oversight of guardians and conservators, and more.

CBA Legislative Policy Committee

The LPC met on Friday, March 9, and considered a light docket of bills:

SB 12-102 – Repeal the Crime of Libel
The LPC followed the recommendation of the Civil Rights Committee and voted to support SB 12-102 – Repeal the Crime of Libel. The LPC had delayed action on the bill to allow the Civil Rights Committee and staff to research and report additional information to the LPC. The research turned up several facts: the statute is rarely used by prosecutors, DAs and the AG had no objection to the elimination of the crime of libel, and remedies still exist for harassment and in the civil arena.

At the Capitol – Week Eight – Quick Roundup:

On Monday, March 5

  • HB 12-1139 – Pretrial Detention Of Children Tried As Adults passed on 3rd reading 34-0 with one excused in the Senate.
  • HB 12-1074 – Judicial Oversight of Guardians & Conservators passed on the 2nd Reading Consent calendar in the Senate.
  • The Senate Judiciary Committee approved CBA sponsored HB 12-1233 – Legal Separation Court Appearance Procedure. Later in the week the Senate passed the bill on 2nd Reading (Thursday) and 3rd Reading (Friday.) Since the bill was approved on 3rd Reading without amendment the next stop is the governor’s desk for signature. Congrats to the Family Law Section!

On Tuesday, March 6

  • Both Houses had early dismissal to allow Democrats to get to their caucuses; each House spent about 30 minutes on the floor.
  • Before knocking off for the day, the Senate adopted on 3rd and final reading HB 12-1074 – Judicial Oversight of Guardians & Conservators. The bill moved back to the House for consideration of the amendment added to the bill in Senate Judiciary.

On Wednesday, March 7

  • On a 35-0 vote, the Senate approved HB 12-1005 – Concerning investment of public funds.
  • The Senate Judiciary Committee approved a “strike below” version, i.e. an entirely new bill, of SB 12-070 – Uniform Residential Landlord & Tenant Act.

On Thursday, March 8

  • The House and Senate celebrated March 8, 2012 as “National Agricultural Day” with HJR 12-1015 – Concerning recognition of March 8, 2012 as “National Agricultural Day.” The resolution was adopted unanimously by the House and Senate after Representatives testified to the importance of agriculture to Colorado.
  • The House Judiciary Committee heard nearly four-and-a-half hours of testimony before amending and approving (9-2 vote), HB 12-1271 – Juvenile Direct File Limitations. The amended bill moves to the Appropriations Committee for consideration of the fiscal impact on the state.

On Friday, March 9

  • On 3rd Reading, the House unanimously adopted HB 12-1304 – Concerning measures to prevent organized retail theft. Also adopted on 3rd Reading but by a closer vote (45-20), HB 12-1175 – Concerning the encouragement of a state agency to pursue Colorado-specific solutions in lieu of federal regulation whenever possible, and, in connection therewith, requiring a state agency to report annually regarding opportunities for waiver from newly adopted federal regulations.
  • Not wasting any time after having received the Senate version of HB 12-1074 – Judicial Oversight of Guardians & Conservators, the House concurred with the Senate amendments to the bill. This ends the legislative journey for the bill – the bill moves to the governor’s desk for signature next.

HB 12-1139: Juveniles Charged as Adults Should be Detained in Juvenile Facilities

On January 20, 2012, Rep. Claire Levy and Sen. Lucia Guzman introduced HB 12-1139 – Concerning a Pretrial Detention of Juveniles Prosecuted as Adults. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits a juvenile who is to be tried as an adult from being held in an adult jail or pretrial facility unless the district court, after a hearing, finds that an adult jail or pretrial facility is the appropriate place of confinement for the juvenile. The bill sets forth a list of factors the district court must consider in making its decision.

The CBA Legislative Policy Committee voted to support this legislation. The bill has cleared the House and is assigned to the Judiciary Committee. The bill is scheduled for Committee review on Monday, February 27 at 1:30 p.m.

Since this summary, the passed out of the Senate Judiciary Committee unamended and was referred to the Senate Committee of the Whole.

Summaries of other featured bills can be found here.

e-Legislative Report: Week Five, February 13, 2012

At the Capitol – Week Five

The latest Legislative Video Update with Michael Valdez outlines the most straight-forward bill the CBA has ever sponsored.

HB 12-1233 – Concerning the ability of a court to enter a decree of legal separation in certain circumstances without the appearance of the parties.

Sponsored by Rep. Jeanne Labuda and Sen. Morgan Carroll, the Family Law Section of the CBA brings you a bill where the title of the bill is pretty much the bill.

In a dissolution of marriage action, if there are no children of the marriage and the parties have entered into a written agreement concerning the division of marital property, a court may enter a degree of dissolution by affidavit, without the appearance of the parties. The bill aligns the process for parties seeking a legal separation by permitting a court to enter a decree of legal separation, under the same conditions, without the appearance of the parties.

The bill is scheduled for review by the Judiciary Committee on Tuesday, February 14 at 1:30 p.m.

Bar Sponsored bill moves forward

The Senate Judiciary Committee approved SB 12-131 in a short committee hearing on Wednesday, February 8. CBA sponsored, SB 12-131 – Duty Search for Designated Beneficiary Agreements, clarifies a PR or a trustee’s liability when conducting a search for a valid, unrevoked Designated Beneficiary Agreement (“DBA). The bill moves to the Senate floor for consideration on 2nd Reading.

Bar supported legislation passes initial hurdle

HB 12-1074 – Judicial Oversight of Guardians and Conservators. On Thursday, February 9, the Judiciary Committee unanimously approved the bill. This will authorize the court with jurisdiction over a guardianship of an incapacitated person or over a conservatorship of a protected person to have access to data maintained by other state agencies in order to conduct an investigation when a guardian or conservator has failed to file required reports with the court, or has failed to respond to court orders. The Elder Law Section worked out amendments with the Judicial Branch to clarify the extent of the search that a court undertakes to find a missing guardian or conservator. The bill moves to the floor of the House for action on 2nd Reading.

CBA Legislative Policy Committee

For followers 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 from requests from the various sections and committees of the Bar Association.

Friday, February 10 – “Juvenile Law Day” at the LPC

The Juvenile Law Section requested positions on several pieces of legislation.

HB 12-1139 – Pretrial Detention of Children Tried as Adults

The Juvenile Law Section requested and received authorization from the LPC to support HB 12-1139. The bill changes the process for place of pre-trial confinement for a juvenile who may be charged as an adult. The bill puts the decision for confinement back with the judge instead of the current process of allowing the prosecuting attorney and the defense counsel reach a stipulation. The bill is scheduled for consideration by the Judiciary Committee on Thursday, February 16 at 1:30 p.m.

SB 12-033 – Child Fatality Reviews

The Juvenile Law Section sought permission to support SB 12-033 – Child Fatality Reviews. The bill adds near fatalities and incidents of egregious abuse or neglect to the responsibilities of the department of human services child fatality review team. The LPC voted unanimously to support the request of the Juvenile Law Section and to support the bill.

SB 12-099 – Expand Access to Academic Model Juvenile Facility

The Juvenile Law Section has concerns with the direction that SB 12-099 – Expand Access to Academic Model Juvenile Facility. The Juvenile Law Section stated several concerns with this bill draft:

  • Mixing correctional and child welfare systems flies in the face of best practices;
  • The facility that is the subject to the legislation – Ridge View Youth Services Center – does not provide the treatment services for the foster care protection.

The LPC voted to oppose the legislation.

SB 12-056 – Court Appointments Domestic Relations Cases

The Juvenile Law Section teamed up with the Family Law Section to request CBA opposition to SB 12-056 – Court Appointments Domestic Relations Cases. The bill is being held on the Senate 2nd Reading calendar to give the Family and Juvenile Law Sections time to find a compromise. The primary objection to the latest iteration of the bill is the shift from making the order to conduct a Parental Rights Evaluation (“PRE”) an absolute right to a discretionary decision by the district court. The LPC agreed with the request from the Juvenile Law Section and voted to oppose the bill.