June 25, 2019

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.

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.

e-Legislative Report: January 27, 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 its Jan. 24 meeting, the LPC voted to make technical changes to UCC Article 9 “Bar Sponsored” legislation. The proposal, which is the product of the Business Law Section, is crafted to clarify the existing law as it related to restrictions on assignment, transfer or creation of security interests in owner interests in unincorporated entities. Also on Jan. 24, the LPC voted to adopt recommendations from the Business Law Section, Bankruptcy Subsection to modify limits on exemptions in a bankruptcy proceeding. These statutes were modified seven years ago in legislation sponsored by the CBA.

Finally, at the meeting the committee voted to support the Uniform Power of Appointment Act; with Colorado modifications. The support for the legislation stems from a study committee within the Trusts and Estates Section of the CBA. The uniform act was approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) at its annual meeting in July 2013. As a quick reference point—Powers of Appointment are routinely included in trusts drafted throughout the United States but there is little statutory law governing their use. A power of appointment is an estate planning tool that permits the owner of property to name a third party and give that person the power to direct the distribution of that property among some class of permissible beneficiaries. The bill will be sponsored by the Colorado Uniform Law Commissioners and will have CBA support once it is introduced.

At the Capitol—Week of Jan. 21

A recap of the committee and floor work follows.

Both the Senate and the House did not meet on Monday, Jan. 20 in observance of the Martin Luther King, Jr. holiday.

In the House

Scorecard:

Tuesday, January 21

  • HB 14-1019. Concerning the enactment of Colorado Revised Statutes 2013 as the positive and statutory law of the state of Colorado. Passed 3rd Reading 63 yes, 0 no, 2 excused.
  • The House Public Health Care & Human Services Committee amended and approved HB 14-1042. Concerning access by birth parents to records relating to the relinquishment of parental rights. The bill was referred to the Finance Committee.

Wednesday, January 22

  • The Finance Committee gave initial approval to HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization and sent the bill to the full House for consideration on 2nd Reading.
  • The Finance Committee amended and sent HB 14-1074. Concerning payments that a nonprofit owner of a tax-exempt property may receive for reasonable expenses incurred without affecting the tax-exempt status of the property to the floor of the House for consideration on 2nd Reading.
  • The Local Government Committee amended and approved 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. The bill now moves to the Finance Committee for review.
  • HB 14-1064. Concerning the distribution of severance tax revenue to a local government that limits oil and gas extraction was postponed indefinitely—PI’d—“killed” by the House Local Government Committee.

Thursday, January 23

  • The House Judiciary Committee amended and approved HB 14-1035. Concerning collection of restitution ordered pursuant to a deferred judgment. The bill moves to the floor of the House for consideration on 2nd Reading.

Friday, January 24

  • Passed on 2nd Reading—HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization. Also passed on 2nd Reading, HB 14-1074. Concerning payments that a nonprofit owner of a tax-exempt property may receive for reasonable expenses incurred without affecting the tax-exempt status of the property.

In the Senate

Scorecard:

Tuesday, January 21

The Senate approved on 2nd Reading:

  • SB14-19. Concerning the state income tax filing status of two taxpayers who may legally file a joint federal income tax return.
  • SB 14-9. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property.
  • SB 14-21. Concerning the treatment of persons with mental illness who are involved in the criminal justice systems was approved by the Judiciary Committee and sent to the Appropriations Committee.
  • The Local Government Committee gave initial approval to SB 14-7. 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 and sent the bill to the Senate 2nd Reading Consent Calendar.

Wednesday, January 22

  • Passed on 3rd and final reading in the Senate, SB 14-19. Concerning the state income tax filing status of two taxpayers who may legally file a joint federal income tax return. The vote 18 yes, 16 no, and 1 excused.
  • The committee on Health and Human serviced approved and sent SB 14-67. Concerning aligning certain state medical assistance programs’ eligibility laws with the federal “Patient Protection and Affordable Care Act” to the full Senate for review on 2nd Reading.
  • The State, Veterans and Military Affairs Committee defeated SB 14-33. Concerning the creation of income tax credits for nonpublic education.
  • SB 14-5. Concerning alternative administrative remedies for the processing of certain wage claims, and, in connection therewith, amending the provisions for written notices of a wage claim was amended by the Judiciary Committee and referred to the Finance Committee.
  • The Judiciary Committee gave its unanimous support to 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. The bill was sent to the Consent Calendar for consideration on 2nd Reading.

Thursday, January 23

  • Passed, with amendments, on 2nd Reading, SB 14-9. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property.

Stay tuned for 10 bills of interest.