June 17, 2019

e-Legislative Report: February 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, Feb. 14.

At the Capitol—Week of Feb. 10

A scorecard of the committee and floor work follows.

In the House

Monday, Feb. 10

Passed 3rd Reading:

  • HB 14-1073. Concerning the recording of legal documents. Vote: 58 yes, 5 no, and 2 excused.
  • 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. Vote: 63 yes, 0 no, and 2 excused.

Tuesday, Feb. 11

Passed 3rd Reading:

  • HB 14-1022. Concerning alignment of the duration of the child care authorization notice with the child care assistance eligibility period for children participating in the Colorado child care assistance program. Vote 64 yes, 0 no, and 1 excused.
  • Supplemental Appropriations bills for various departments were approved on 3rd and final reading in the House: Agriculture, Corrections, Education, Governor, Health Care Policy & Financing, Higher Education, Human Services, Law (Attorney General), Local Affairs, Natural Resources, Personnel & Administration, Public Health & Environment, Public Safety, Revenue, State, Treasury, and the Judicial Branch.
  • HB 14-1252. Concerning funding for system capacity changes related to intellectual and developmental disabilities waiver services, and, in connection therewith, making and reducing appropriations. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1103. Concerning the criteria that certain securities must meet to qualify as legal investments for public funds. Vote 64 yes, 0 no, and 1 excused.
  • HB 14-1018. Concerning the requirement that the department of revenue prepare a tax profile and expenditure report every two years. Vote 64 yes, 0 no and, 1 excused.
  • 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. Vote 64 yes, 0 no, and 1 excused.
  • HB 14-1130. Concerning the disposition of moneys charged to borrowers for costs to be paid in connection with foreclosure. (See below for summary.) Vote 64 yes, 0 no, and 1 excused.

Wednesday, Feb. 12

Passed on 3rd Reading:

  • HB 14-1065. Concerning limits on indemnification provisions in motor carrier transportation contracts. Vote 41 yes, 23 no, and 1 excused.
  • HB 14-1099. Concerning prescription drugs in the practice of optometry. Vote 64 yes, 0 no, and 1 excused.

Thursday, Feb. 13

Passed on 3rd Reading:

  • HB 14-1110. Concerning procedures governing discussions by boards of education of school districts while meeting in executive session. Vote: 34 yes and 31 no.

Friday, Feb. 14

Passed on 3rd Reading:

  • HB 14-1122. Concerning provisions to keep legal marijuana from underage persons. (See below for summary.) Vote: 63 yes, 0 no, and 2 excused.

In the Senate

Monday, Feb. 10

Passed on 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 34 yes, 0 no, and 1 excused.
  • SB 14-102. Concerning the addition of employment positions held at financial institutions to the circumstances under which an employer may use consumer credit information for employment purposes. (See below for summary.) Vote 34 yes, 0 no, and 1 excused.
  • SB 14-98. Concerning clarifications to statutory language on crimes against at-risk elders. (See below for summary.) Vote 34 yes, 0 no, and 1 excused.
  • SB 14-89. Concerning a prohibition for the state to enter into an agreement for a payment in lieu of taxes. Vote: 21 yes, 13, no and 1 excused.

Tuesday, Feb. 11

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. Vote: 34 yes, 0 no, and 1 excused.
  • SB 14-95. Concerning the ability of a prescription drug outlet to compound drugs for distribution to a Colorado hospital. Vote: 34 yes, 0 no, and 1 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: 34 yes and 0 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. Vote: 19 yes, 13 no, and 3 excused. (Notice of intent to reconsider final vote submitted.)

Wednesday, Feb. 13

Passed on 3rd Reading:

  • SB 14-21. Concerning the treatment of persons with mental illness who are involved in the criminal justice systems, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • SB 14-27. Concerning criminal history background checks for professionals who have the authority to appear in court, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • SB 14-109. Concerning the use of the prevention, early detection, and treatment fund, and, in connection therewith, eliminating the annual transfer of two million dollars from the fund to the department of health care policy and financing for medicaid disease management and treatment programs that address cancer, heart disease, and lung disease or risk factors associated with those diseases and increasing the amount annually appropriated from the fund to the prevention services division of the department of public health and environment for the cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment program by two million dollars. Vote: 35 yes and 0 no.
  • SB 14-120. Concerning the continuous appropriation of certain amounts in the state employee workers’ compensation account in the risk management fund. Vote: 35 yes and 0 no.
  • 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 32 yes and 3 no.
  • SB 14-62. Concerning reinstatement of the parent-child legal relationship. Vote: 35 yes and 0 no.

Friday, Feb. 14

Passed on 3rd Reading:

  • Upon a motion for reconsideration: 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. Final Vote: 18 yes, 16 no, and 1 excused.

Stay tuned for 10 bills of interest.

HB 14-1073: Amending Many Statutory Provisions Related to Recording Legal Documents

On January 8, 2014, Rep. Dan Pabon introduced HB 14-1073 – Concerning the Recording of Legal Documents. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes the following modifications to various statutory provisions involving the recording of deeds or other legal documents:

  • Current statutory provisions governing the issuance of bonds by a school district provide that the bonds are required to be registered by a county clerk and recorder (clerk). The bill eliminates the existing fee of $25 charged for the registration and specifies that the amount of the fee is the amount required to be paid under general provisions authorizing a clerk to impose a fee for filing or recording.
  • In connection with the Colorado Open Records Act, the bill removes from the group of records that may only be inspected by a person in interest records of an application for a marriage or a civil union license.
  • Existing statutory provisions providing the right of inspection of abstract books and related papers give abstractors, title insurance personnel, and others the opportunity to subscribe on an annual basis for a daily copy in bulk of all documents recorded and filed. The bill eliminates the ability to subscribe on an annual basis.
  • The bill specifies when a document is deemed to be received, accepted, or recorded. With respect to recorded documents, the bill requires the clerk to keep record of any reception number, volume, film, or page that is unused, and to immediately make entry into the clerk’s index. Finally, this section of the bill generally obligates the clerk to record any document by the end of business on the next business day and to keep record of the name of the recipient of the delivery of a recorded document.
  • The bill modifies existing statutory provisions governing the process of filing with the clerk an order dissolving a special district. In such circumstances, where there are no remaining funds of the district, this section of the bill permits the division of local government to claim an existing statutory exemption from payment of recording fees at the time the document is offered for recording.
  • The bill establishes that a verification of death document may be filed with the clerk as an alternative to a death certificate in connection with legal proceedings adjudicating an interest in real property of a person who is deceased.
  • Current statutory provisions provide grounds under which the clerk is not required to return the original release of a deed of trust. The bill also permits the clerk to retain the original release where it is electronically recorded. Under current law, a documentary fee is charged upon the conveyance of real property and the clerk is required to establish payment of the fee by imprinting evidence of payment on each document to which the fee applies. The bill alternately permits the clerk to establish payment of the fee in the recording annotation.
  • Under current law, a documentary fee is charged upon the conveyance of real property and the clerk is required to establish payment of the fee by imprinting evidence of payment on each document to which the fee applies. The bill of the bill alternately permits the clerk to establish payment of the fee in the recording annotation.

The bill passed second reading in the House on Friday, Feb. 7.

Since this summary, the bill passed 3rd Reading in the House. It was introduced in the Senate and assigned to the Judiciary Committee.