August 26, 2019

Bills Regarding Provision of Social Workers for Juveniles, Annual Reports for Public Benefit Corporations, and More Signed

Governor Hickenlooper continues to sign legislation that cleared both houses this 2014 Legislative Session. He signed bills on Wednesday, May 14, 2014; Thursday, May 15; Friday, May 16; and Saturday, May 17. To date, he has signed 248 bills and vetoed two. Some of the bills signed each day last week are summarized here.

Wednesday, May 14, 2014

  • SB 14-164Concerning 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, by Sens. Morgan Carroll & Steve King and Reps. Bob Gardner & Mike McLachlan. The bill directs the Division of Fire Prevention to maximize its aerial firefighting capabilities.
  • HB 14-1010 – Concerning Corrections to Statutory Provisions Relating to the Prescribed Burning Program Administered by the Division of Fire Prevention and Control in the Department of Public Safety, by Rep. Millie Hamner and Sen. George Rivera. The bill renames “prescribed burn manager” as “certified burner” and removes persons with this credential from the list of persons who may attend a prescribed burn in a supervisory role.
  • HB 14-1023 – Concerning the Provision of Social Workers to Juveniles, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Pete Lee and Sen. Jessie Ulibarri. The bill allows
    the Office of the State Public Defender to hire social workers to assist in juvenile defense cases, and specifies that any reports generated are to be considered evidence in the case.

Thursday, May 15, 2014

  • SB 14-073 – Concerning the State Income Tax Credit for the Environmental Remediation of Contaminated Land in the State, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Cheri Jahn and Rep. Cheri Gerou. The bill creates an income tax credit for individuals, organizations, and “qualified entities” that perform any approved environmental remediation of contaminated property.
  • SB 14-092 – Concerning the Creation of the Crime of Insurance Fraud, and, in Connection Therewith, Making an Appropriation, by Sen. George Rivera and Rep. Angela Williams. The bill classifies insurance fraud as a crime and identifies fraudulent actions for insurance claimants, agents, and brokers.
  • SB 14-156 – Concerning a Requirement that a Public Benefit Corporation file an Annual Report, by Sens. John Kefalas & Rollie Heath and Rep. Pete Lee. The bill requires Public Benefit Corporations to file annual reports that discuss the ways in which the corporation has promoted its specified public benefits and that assess its overall social and environmental performance against a third-party standard.
  • 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, by Rep. Timothy Dore and Sen. Lois Tochtrop. The bill provides that if a parolee tampers with an electronic monitoring device, he or she is subject to immediate warrantless arrest.
  • HB 14-1144 – Concerning Measures to Improve the Performance of District Attorneys, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Bob Gardner and Sen. Mike Johnston. The bill provides for cost-sharing of salaries for entry-level deputy district attorneys.
  • HB 14-1347 – Concerning Statutorily Established Time Periods that are Multiples of Seven Days, by Rep. Lois Court and Sen. Linda Newell. The bill continues to revise statutes so that statutorily established time periods conform to the “rule of seven.”
  • HB 14-1353 – Concerning Powers of Appointment, by Rep. Bob Gardner and Sen. Mike Johnston. The bill creates the Uniform Powers of Appointment Act (act), as recommended by the Colorado Commission on Uniform State Laws.

Friday, May 16, 2014

  • SB 14-011 – Concerning the Colorado Energy Research Authority, by Sen. Rollie Heath and Rep. Dickey Lee Hullinghorst. The bill changes the name of the Colorado Renewable Research Authority to the Colorado
    Energy Research Authority and creates a cash fund.
  • HB 14-1005 – Concerning Clarification of the Requirements Applicable to a Change of Point of Water Diversion, by Reps. Jerry Sonnenberg & Dave Young and Sens. Kevin Lundberg & John Kefalas. The bill clarifies that if a ditch owner relocates a headgate to a new surface point of diversion, as long as the relocation does not physically interfere with the complete use of or enjoyment of other water rights, the owner does not need to file a change of water right application.

Saturday, May 17, 2014

  • HB 14-1001 – Concerning the Creation of a Property Tax Reimbursement for a Taxpayer that Owes Property Tax on Property that has been Destroyed by a Natural Cause, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Jonathan Singer and Sen. Jeanne Nicholson. The bill creates a reimbursement program for property taxes paid on a property that has been destroyed by a natural disaster.
  • HB 14-1159 – Concerning a State Sales and Use Tax Exemption for Components used in Biogas Production Systems, by Reps. Angela Young & Timothy Dore and Sens. Gail Schwartz & Larry Crowder. The bill creates a sales and use tax exemption for equipment used to capture biogas to be used as a renewable natural gas or the equipment used to turn biogas into electricity.
  • HB 14-1281 – Concerning the Allowance for Terminally Ill Patients to have Access to Investigational Products that have not been Approved by the Federal Food and Drug Administration that Other Patients have Access to when they Participate in Clinical Trials, by Reps. Joann Ginal & Janak Joshi and Sens. George Rivera & Irene Aguilar. The bill allows terminally ill patients to have access to experimental drugs without participating in a clinical trial.
  • HB 14-1349 – Concerning the Creation of an Exemption from Property Taxes for Qualifying Business Entities Controlled by Nonprofit Organizations that are Formed for the Purpose of Qualifying for Federal Tax Credits, by Reps. Dickey Lee Hullinghorst & Brian DelGrosso and Sen. Rollie Heath. The bill broadens eligibility for nonprofits for federal tax credits to LLCs and limited partnerships.

For a list of Governor Hickenlooper’s 2014 legislative decisions, click here.

e-Legislative Report: February 3, 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.

At the meeting on Friday, Jan. 31, the CBA LPC voted on several bills:

  • The Committee voted to support HB 14-1069. Concerning district commissions on judicial performance.
  • The Committee voted to oppose HB 14-1110. Concerning procedures governing discussions by boards of education of school districts while meeting in executive session.
  • The Committee voted to take no position on two bills: HB 14-1041. Concealed Handgun Carry without a Permit, and HB 14-38. Governor cannot restrict firearms during emergency.

At the Capitol—Week of Jan. 27

In the House

Monday, Jan. 27

Passed on 3rd Reading:

  • HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization. The vote: 65 yes, 0 no.
  • HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization. The vote: 65 yes, 0 no.
  • HB 14-1059. Concerning clarifying that the ritual discharge of blank ammunition cartridges at a military funeral does not constitute the criminal offense of disorderly conduct. The vote: 65 yes, 0 no.

Wednesday, Jan. 29

Passed on 3rd Reading:

  • HB 14-1050. Concerning an increase in the number of judges for the Eighteenth Judicial District, and, in connection therewith, making an appropriation. The vote: 58 yes, 4 no, and 3 excused.
  • HB 14-1035. Concerning collection of restitution ordered pursuant to a deferred judgment. The vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1086. Concerning a requirement that a legal notice published in a newspaper is also published on a statewide web site maintained by a majority of Colorado newspapers. The vote: 55 yes, 7 no, and 3 excused.

Thursday, Jan. 30

Passed on 3rd Reading:

  • HB 14-1005. Concerning clarification of the requirements applicable to a change of point of water diversion. The vote: 61 yes, 2 no and 1 excused.
  • HB 14-1164. Concerning nonpartisan elections not coordinated by a county clerk and recorder, and, in connection therewith, creating the “Colorado Local Government Election Code” for the conduct of such elections by special districts, harmonizing residency requirements for voter registration, modifying the “Colorado Municipal Election Code of 1965,” and clarifying when elections are coordinated by county clerk and recorders. The vote 37 yes, 25 no, and 2 excused.

In the Senate

Tuesday, Jan. 28

Passed on 3rd Reading:

  • SB 14-007. Concerning authority for a board of county commissioners to transfer county general fund moneys to its county road and bridge fund after a declared disaster emergency in the county. The vote: 35 yes, 0 no.

Wednesday, Jan. 29

Passed on 3rd Reading:

  • SB 14-048. 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. The vote: 34 yes, 0 no, and 1 excused.
  • SB 14-076. Concerning the creation of a hard rock mining permit issued by the division of reclamation, mining, and safety for mining operations disturbing no more than five acres of surface area. The vote: 34 yes, 0 no, and 1 excused.
  • SB 14-067. Concerning aligning certain state medical assistance programs’ eligibility laws with the federal “Patient Protection and Affordable Care Act”. The vote: 20 yes, 14 no, and 1 excused.
  • SB 14-052. Concerning actions taken to remediate soil erosion creating property damage. The vote: 30 yes, 4 no, and 1 excused.

HB 14-1005: Clarifying Requirements to Change Point of Water Diversion

On January 8, 2014, Rep. Jerry Sonnenberg and Sen. Kevin Lundberg introduced HB 14-1005: Concerning Clarification of the Requirements Applicable to a Change of Point of Water Diversion. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

A statute enacted in 1881 allows the owner of a ditch to relocate the ditch’s headgate if changes to the stream prevent the headgate from effectuating the diversion. The “Water Right Determination and Administration Act of 1969” (1969 act) requires changes of water rights, including changes of points of diversion, to be adjudicated. The 1969 act does not exempt changes authorized by the 1881 act. The bill clarifies that a water right owner may relocate a ditch headgate pursuant to the 1881 act without filing for a change of water right under the 1969 act if the relocation does not physically interfere with the complete use or enjoyment of other water rights. The bill is assigned to the Agriculture, Livestock, & Natural Resources Committee.