July 22, 2019

Governor Hickenlooper Signs Marijuana Packaging Bills and More into Law

As the 2014 legislative session continues, Governor Hickenlooper continues to sign bills into law. To date, he has signed 82 bills into law. Some of his most recent legislative decisions are summarized below.

Governor Hickenlooper signed two bills on Monday, March 17, 2014.

  • HB 14-1122 – Concerning Provisions to Keep Legal Marijuana from Underage Persons, by Rep. Daniel Kagan and Sen. Linda Newell. The bill requires that all medical marijuana be sold in child-proof packaging unless the patient has a doctor’s note explaining why he or she cannot open child-proof packages. It also changes the classification of the crime of selling recreational marijuana to someone under age 21 to a Class 1 misdemeanor.
  • HB 14-1229 – Concerning Authorizing Sharing Information Between State and Local Government Agencies Related to Legal Marijuana, by Reps. Daniel Kagan and Jared Wright and Sens. Mike Johnston and Steve King. The bill conforms retail marijuana licensing law to medical marijuana licensing law by allowing local districts to submit persons applying for retail marijuana establishment licenses to a CBI background check.

Governor Hickenlooper signed 13 bills on Thursday, March 20, 2014.

  • SB 14-043 – Concerning the Inclusion of Certain Land Areas Used to Grow Products that Originate Above the Ground Within the Classification of “All Other Agricultural Property” for Property Tax Purposes, by Sen. Kevin Grantham and Rep. Kevin Priola. The bill specifies that greenhouses, nurseries, and other horticultural and agricultural operations are classified as “all other agricultural property” and is assessed according to the market value of other agricultural land within the county.
  • 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, by Sen. Lucia Guzman and Rep. Mark Waller. The bill repeals the mortality table included in Colorado law and requires courts to use the U.S. Census Bureau life expectancy information in civil actions.
  • SB 14-052 – Concerning Actions Taken to Remediate Soil Erosion Creating Property Damage, by Sen. Larry Crowder and Rep. Jerry Sonnenberg. The bill allows counties to consult with specialists regarding soil erosion, and to recover monies from landowners failing to treat soil erosion.
  • SB 14-083 – 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, by Sen. Larry Crowder and Rep. Mark Ferrandino. The bill authorizes the State Board of Equalization to waive the requirement that a county reimburse it for costs involved with reappraisal of property.

Governor Hickenlooper signed 10 bills on Friday, March 21, 2014.

  • SB 14-059 – Concerning Eliminating the Statute of Limitations for Offenses that Accompany Sex Offenses that are Not Subject to a Statute of Limitations, by Sen. Lucia Guzman and Rep. Polly Lawrence. The bill removes the statute of limitations for offenses that accompany sex offenses not subject to a statute of limitations.
  • SB 14-097 – Concerning the Immunity of Public Agencies Against Liability Arising from the Wildfire Mitigation Activities of Insurance Companies, by Sen. Lois Tochtrop and Rep. Millie Hamner. The bill clarifies that public agencies are not responsible for the actions of insurance companies or their representatives, and clarifies that insurance companies are not immune from liability under the Colorado Governmental Immunity Act.
  • HB 14-1052 – Concerning an Increase in the Enforcement Authority of Ground Water Management Districts, by Rep. Randy Fischer and Sen. Matt Jones. The bill allows ground water management districts to enforce permits, issue orders, collect fines, and collect court costs and attorney fees.
  • HB 14-1215 – Concerning the Ability of a Federal Home Loan Bank to Enforce its Rights with Regard to Collateral Subject to a Security Agreement, by Rep. Joann Ginal and Sen. Lois Tochtrop. The bill prohibits a receiver or liquidator of an insolvent insurer from avoiding obligations to a federal home loan bank regarding collateral under a security agreement.

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

HB 14-1122: Requiring Medicinal Marijuana Products to be Sold in Childproof Packaging

On January 15, 2014, Rep. Daniel Kagan and Sen. Linda Newell introduced HB 14-1122 – Concerning Provisions to Keep Legal Marijuana from Underage Persons. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, medical marijuana-infused products must be sold in either child-proof packaging or in packaging warning “medicinal product—keep out of reach of children”. The bill removes the option of selling the products in the packaging with the warning. The bill makes an exception to the child-proof packaging if the purchaser has a doctor’s note explaining he or she has a condition that makes opening the child-proof packaging difficult.

The bill gives a retail marijuana store the ability to confiscate a fraudulent identification and detain and question the person who provided the fraudulent identification. The bill makes selling marijuana to a person under 21 years of age at a retail marijuana store a class 1 misdemeanor and creates the various licensing penalties for selling to an underage person.

The bill was amended in the Judiciary Committee and on the House floor on 2nd Reading; the bill passed out of the House on Friday, Feb. 14 on a 63 yes, 0 no, and 2 excused vote.

Since this summary, the bill was introduced in the Senate and assigned to the Judiciary Committee.

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.