April 24, 2019

Bills Regarding Recall Elections, Foreclosure Cure Funds, Protecting Rape Victims, and More Signed

The 2014 Legislative Session ended last Wednesday, but Governor Hickenlooper continues to sign legislation that passed through both houses this term. To date, the governor has signed 190 bills and vetoed two. He is expected to sign several more bills in the coming days and weeks. Summaries of bills signed on Friday, May 9, 2014 and Monday, May 12, 2014 are provided here.

Friday, May 9, 2014

  • HB 14-1327 – Concerning Measures to Expand the Deployment of Communication Networks and, in Connection Therewith, Enacting the “Broadband Deployment Act” and Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Mark Scheffel & Lois Tochtrop. The bill, highly praised by the governor, sets statewide policy regarding deployment of broadband technology.
  • SB 14-158 – Concerning the Harmonization of Statutory Recall Election Provisions with the Recall Provisions in the State Constitution to Reflect the Manner in which Contemporary Elections are Conducted, and, in Connection Therewith, Aligning Circular Regulation and Petition Requirements with Initiative and Referendum Circulator and Petition Requirements, by Sens. Pat Steadman & Matt Jones and Rep. Dickey Lee Hullinghorst. The bill eliminates certain conflicts between the state and federal constitutions regarding recall elections and makes changes to the procedure for recall elections.
  • SB 14-160 – Concerning Removing Limitations on a Transitional Living Program for a Person with a Brain Injury, by Sen. Linda Newell and Rep. Dianne Primavera. Currently, Medicaid waiver recipients with traumatic brain injury can receive transitional living services for 6 to 12 months. The bill removes the time limit for the services.
  • SB 14-161 – Concerning the Modernization of Provisions of the “Uniform Election Code of 1992” that Ensure Voter Access for Eligible Electors and, in Connection Therewith, Reducing the Deadline by which a Voter Registration Application Must be Submitted via Certain Methods, Altering Procedures Pertaining to National Change-of-Address Searches, Allowing Emergency Ballots to be Obtained for Nonmedical Reasons, Amending Provisions Relating to Military and Overseas Voters, Increasing the Penalty for Providing False Residential Information, Making the Aiding or Abetting the Provision of False Residential Information a New Felony Offense, and Making and Reducing Appropriations, by Sens. Jessie Ulibarri & Mike Johnston and Rep. Dickey Lee Hullinghorst. The bill makes several changes to the state’s Uniform Election Code of 1992.
  • SB 14-165 – Concerning the Percentage at Which to Rate the Student Academic Growth Standard for the Purpose of Licensed Personnel Performance Evaluations in the 2014-15 Academic Year, by Sens. Mike Johnston & Andy Kerr and Reps. Carole Murray & Cherylin Peniston. The bill allows a local school board to determine what percentage, if any, of a teacher’s performance evaluation must be based on student academic growth.
  • HB 14-1034 – Concerning the Creation of a Wine Packaging Permit to Allow Certain Alcohol Beverage Licensees to Package Wine Produced by Another Manufacturer, and, in Connection Therewith, Making an Appropriation, by Rep. Angela Williams and Sen. Cheri Jahn. The bill allows licensed wineries to package wine produced by other wineries.
  • HB 14-1061 – Concerning Sentences Imposing Monetary Payments in Criminal Actions and, in Connection Therewith, Eliminating Prison Sentences for Persons who are Unable to Pay Criminal Monetary Penalties, by Rep. Joseph Salazar and Sen. Lucia Guzman. The bill changes procedures for criminal defendants who fail to pay monetary fines.
  • HB 14-1095 – Concerning the Colorado Bureau of Investigation’s Authority to Investigate Computer Crime, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Bob Gardner and Sen. Linda Newell. The bill authorizes the CBI to investigate cyber crime.
  • HB 14-1101 – Concerning a Partial Business Personal Property Tax Exemption for Community Solar Gardens, by Rep. Max Tyler and Sen. Gail Schwartz. Beginning in 2015, the bill exempts electricity generated by a community solar garden from property tax.
  • HB 14-1130 – Concerning the Disposition of Moneys Charged to Borrowers for Costs to be Paid in Connection with Foreclosure, by Rep. Beth McCann and Sen. Jessie Ulibarri. The bill establishes procedures for handling cure statements in foreclosure and directs that overpayments of funds paid to cure a debt in foreclosure must be returned to the borrower.
  • HB 14-1162 – Concerning Protection of the Victim of a Sexual Assault in Cases where a Child was Conceived as a Result of the Sexual Assault, and, in Connection Therewith, Making Legislative Changes in Response to the Study by and the Report of the Recommendations from the Task Force on Children Conceived Through Rape, by Rep. Lois Landgraf and Sen. Morgan Carroll. The bill adds several protections for victims of sexual assault who conceive children as a result of the assault, including allowing termination of the aggressor’s parent-child relationship even when no conviction occurred and requires victims and children to be referred to by their initials in termination proceedings.
  • HB 14-1181 – Concerning the Sunset Review of the Nurse-Physician Advisory Task Force for Colorado Health Care and, in Connection Therewith, Continuing the Task Force Through September 1, 2020, by Rep. Sue Schafer and Sen. John Kefalas. The bill repeals the sunset of the Nurse Physician Advisory Task Force, which evaluates the medication prescribing authority of nurse practitioners.
  • HB 14-1266 – Concerning the Penalties for Certain Value-Based Offenses, and, In Connection Therewith, Reducing an Appropriation, by Reps. Beth McCann & Bob Gardner and Sens. Linda Newell & Steve King. The bill makes adjustments to the penalties of certain value-based crimes, such as criminal mischief, fraud by check, and others.
  • HB 14-1284 – Concerning Registration with the Department of Revenue of Distinguished License Plates Issued to Members of the Colorado General Assembly, by Reps. Max Tyler & Don Coram and Sens. Nancy Todd & Larry Crowder. The bill proscribes procedures for the Department of Revenue to use when issuing legislative license plates.
  • HB 14-1290 – Concerning an Addition to the Definition of “Other Outlet” to Enable the Operation of a Remotely Located Telepharmacy Outlet, by Rep. KC Becker and Sen. Ellen Roberts. The bill allows telepharmacy practices for patients who communicate remotely with pharmacy outlets and specifies rules related to telepharmacy practices.
  • HB 14-1291 – Concerning Authorizing a Charter School to Employ a School Security Officer by Contract to Carry a Concealed Handgun if the Person has a Valid Conceal Carry Permit, by Reps. Mike McLachlan & Stephen Humphrey and Sens. Scott Renfroe & Lois Tochtrop. The bill allows charter schools to employ armed security officers.
  • HB 14-1295 – Concerning Residential Mortgage Foreclosures, and, in Connection Therewith, Requiring a Single Point of Contact and Prohibiting Dual Tracking, by Rep. Beth McCann and Sen. Jessie Ulibarri. The bill, which generally applies to servicers of mortgage loans, amends residential foreclosure statutes.
  • HB 14-1307 – Concerning the Recategorization of Mineral County for the Purpose of Statutory Provisions Fixing the Salaries of County Officers, by Rep. Edward Vigil and Sen. Larry Crowder. The bill reclassifies Mineral County for the purpose of establishing salaries for certain officials.
  • HB 14-1312 – Concerning Efforts to Reduce the Number of Foreclosures in Colorado, and, In Connection Therewith, Continuing the Foreclosure Deferment Program, by Rep. Angela Williams and Sen. Jessie Ulibarri. The bill extends the Foreclosure Deferment Program until September 1, 2015.
  • HB 14-1319 – Concerning the Creation of an Outcomes-Based Funding Model for Higher Education, and, in Connection Therewith, Making and Reducing Appropriations, by Reps. Mark Ferrandino & Chris Holbert and Sens. Kent Lambert & Nancy Todd. The bill creates a new mechanism for allocating state funds to institutions of higher education.
  • HB 14-1329 – Concerning the Exemption of Certain Internet-Protocol-Enabled Services from Oversight by the Public Utilities Commission, and, in Connection Therewith, Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Andy Kerr & Mark Scheffel. The bill deregulates certain telecommunications products, including voice-over-internet-protocol, most long distance services, certain operator services, and more.
  • HB 14-1330 – Concerning an Update of Telecommunications Terminology for Intrastate Telecommuncations Services, by Rep. Angela Williams and Sen. Lois Tochtrop. The bill amends statutory terms used in telecommunications regulation.
  • HB 14-1331 – Concerning the Regulation of Basic Local Exchange Service as it Affects Effective Competition, and, in Connection Therewith, Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Jeanne Nicholson & Andy Kerr. The bill modifies the statutory framework for regulation of local phone service.
  • HB 14-1345 – Concerning Authority for the Department of Higher Education to Transfer Moneys Allocated to the Governing Board of an Institution of Higher Education Between the Governing Board’s Spending Authority for College Opportunity Stipends as a Result of Increases or Decreases in Student Enrollment at the Institution of Higher Education, by the Joint Budget Committee. The bill allows the Department of Higher Education to make certain limited monetary transfers.
  • HB 14-1354 – Concerning the Ability of a County Clerk and Recorder to Seek Judicial Review of Final Action by the Secretary of State Relating to Elections, by Reps. John Buckner & Bob Gardner and Sens. Irene Aguilar & Larry Crowder. The bill allows a county clerk and recorder to seek judicial review in district court of certain Secretary of State actions related to elections.

May 12, 2014

  • HB 14-1008 – Concerning the Authorization of the Colorado Water Resources and Power Development Authority to Make Loans to Private Entities for Purposes of Forest Health Projects, by Rep. Millie Hamner and Sen. Gail Schwartz. The bill, recommended by the Wildlife Matters Review Committee, allows the Colorado Water Resources and Power Development Authority to make loans to private entities for forest health projects.
  • 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 changes naming of “prescribed burn managers” to “certified burners” and removes certified burners from the list of people who can be in supervisory roles at prescribed burns.
  • SB 14-164 – Concerning 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 and Control to maximize its aerial firefighting capacity.

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

HB 14-1130: Adding Requirements for Disbursement of Moneys Paid for Fees and Costs in Foreclosure

On January 16, 2014, Rep. Beth McCann and Sen. Jessie Ulibarri introduced HB 14-1130 – Concerning the Disposition of Moneys Charged to Borrowers for Costs to be Paid in Connection with Foreclosure. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law is silent on when and how fees for court filings, published notices, and other costs of foreclosure are to be calculated and paid and, if overpaid, refunded. The bill specifies that all costs and fees charged to a borrower must be accurately accounted for and that any overpayments based on prepayments or estimates must be promptly refunded to the borrower.

The bill was amended in the Local Government Committee and on the House floor on 2nd Reading; the bill passed out of the House on Friday, February 11 on a 64 yes, 0 no, and 1 excused vote. The bill is assigned to the Senate Local Government 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.