May 19, 2019

HB 14-1110: Adding Additional Requirements for Minutes Kept During School Board Meeting

On January 15, 2014, Rep. Cherylin Peniston and Sen. Mary Hodge introduced HB 14-1110 – Concerning Procedures Governing Discussions by Boards of Education of School Districts while Meeting in Executive Session. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, the minutes of a meeting of a local public body during which an executive session is held are required to reflect the topic of the discussion at the executive session. In the case of a meeting of a local board of education (school board) during which an executive session is held, the bill additionally requires the minutes to reflect the amount of time each topic was discussed while the board was meeting in executive session.

Under current law, if, in the opinion of the attorney who is representing the local public body and who is in attendance at an executive session that has been properly announced, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording of the part of the discussion that constitutes a privileged attorney-client communication may be made. The bill eliminates this requirement for school boards. Accordingly, discussions occurring in an executive session of such body that must be electronically recorded include all or any part of the executive session that is claimed by the attorney representing the local public body either to constitute a privileged attorney-client communication or to be subject to protection as trial preparation material.

The bill additionally requires a school board to maintain a privilege log that will allow identification of each portion of the executive session as to which the claim of privileged attorney-client communication or right to protection as trial preparation material is made. The privilege log is required to describe the topic of the communications not disclosed, and the approximate time in the executive session during which the communications not disclosed were discussed, in such manner that, without revealing information itself privileged or protected, other parties are enabled to assess the applicability of the privilege or right to protection. The bill further permits the school board to make a separate recording of that portion of the executive session as to which the claim of privileged attorney-client communication or right to protection as trial preparation material is made.

The CBA LPC has voted to oppose the bill. The bill passed out of the House on Tuesday, Feb. 13, with a 34 yes and 31 no vote.

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.

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.