August 18, 2019

Several Bills Signed Last Week by Governor Hickenlooper

On Monday through Thursday last week, Governor Hickenlooper signed several bills into law. To date, the governor has signed 219 bills into law. The bills signed last week are summarized here.

Monday, May 11, 2015

  • HB 15-1198 – Concerning Enactment of the 2008 Amendments to the “Uniform Interstate Family Support Act”, by Rep. Mike Foote and Sen. Pat Steadman. The bill updates the Uniform Interstate Family Support Act to comply with mandates of the Hague Convention.
  • HB 15-1212 – Concerning Making Permanent the State Board of Land Commissioners’ Authority to Sell State Trust Land to Local Governments, by Rep. KC Becker and Sens. Andy Kerr & Michael Merrifield. The bill makes permanent the State Land Board’s authority to convey land to a local government twice in a year.
  • HB 15-1214 – Concerning Opioid Analgesics with Abuse-Deterrent Properties, by Rep. Jonathan Singer and Sen. John Cooke. The bill requires the governor to direct the Colorado Consortium for Prescription Drug Abuse Prevention to study the use of abuse-deterrent opioid analgesic drugs.
  • HB 15-1280 – Concerning the Creation of a Capital Reserve in Certain Cash Funds, by Rep. Dave Young and Sen. Kevin Grantham. The bill requires state agencies to identify capital reserves to pay costs associated with capital assets.
  • HB 15-1308 – Concerning Certain Responsibilities of the Legislative Branch with Respect to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act”, by Reps. Dominick Moreno & Polly Lawrence and Sens. Kevin Lundberg & Rollie Heath. The bill amends provisions of the SMART Act concerning meetings between members of the General Assembly and executive directors of state agencies.
  • SB 15-100 – Concerning Implementation of Recommendations of the Committee on Legal Services in Connection with Legislative Review of Rules and Regulations of State Agencies, by Sen. Pat Steadman and Reps. Mike Foote & Beth McCann. The bill continues some agency rules and regulations and allows others to expire based on recommendations of the Committee on Legal Services.
  • SB 15-104 – Concerning the Continuation of the Colorado Division of Securities, and, in Connection Therewith, Implementing the Recommendations of the 2014 Sunset Report by the Department of Regulatory Agencies, by Sen. Chris Holbert and Rep. Pete Lee. The bill continues the Division of Securities and implements the recommendations of the sunset review.
  • SB 15-110 – Concerning the Continuation of the Regulation by the Director of the Division of Professions and Occupations of Funeral Establishments, and, in Connection Therewith, Implementing the Recommendations of the Department of Regulatory Agencies as Contained in the 2014 Sunset Report and Making an Appropriation, by Sen. Randy Baumgardner and Rep. Joann Ginal. The bill continues the registration of funeral homes and crematories and implements suggestions of the sunset review.
  • SB 15-211 – Concerning an Automatic Funding Mechanism for Payment of Future Costs Attributable to Certain of the State’s Capital Assets, by Sen. Kent Lambert and Rep. Bob Rankin. The bill creates a process to automatically set aside capital to finance depreciation of assets.
  • SB 15-250 – Concerning Capital-Related Transfers of Moneys, by Sen. Kent Lambert and Rep. Millie Hamner. The bill changes the source of some capital construction fund moneys and makes three transfers to the CCF.

Tuesday, May 12, 2015

  • SB 15-022 – Concerning the Wildfire Risk Reduction Grant Fund, by Sen. Ellen Roberts and Rep. J. Paul Brown. The bill transfers funds into the Wildfire Risk Reduction Grant Fund and changes terminology.
  • SB 15-205 – Concerning the Utilization of Veterans’ Fire Corps Programs by the Division of Fire Prevention and Control in the Department of Public Safety, by Sens. Ellen Roberts & Leroy Garcia and Reps. Jon Keyser & Millie Hamner. The bill recognizes the existence of veterans’ fire corps programs and authorizes the Department of Public Safety to use the Wildfire Preparedness Fund to train, equip, and supervise a veterans’ fire corps crew.
  • HB 15-1006 – Concerning the Establishment of a Grant Program for the Management of Invasive Phreatophytes, and, in Connection Therewith, Making an Appropriation, by Reps. Don Coram & Ed Vigil and Sen. Jerry Sonnenberg. The bill creates a two-year grant program for the management of invasive phreatophyte plants in riparian zones of the state.

Wednesday, May 13, 2015

  • HB 15-1173 – Concerning a Requirement that Motor Vehicles Have Certain Traction Equipment when Driving on the Interstate 70 Mountain Corridor, by Reps. Diane Mitsch Bush & Bob Rankin and Sen. Nancy Todd. The bill requires all drivers using I-70 between Morrison and Dotsero between November 1 and May 15 to use mountain snow tires or chains or have a four-wheel drive/all-wheel drive vehicle and imposes penalty for drivers who do not comply with this regulation.
  • HB 15-1225 – Concerning the Provision of State Assistance to Local Governments for the Purpose of Improved Coordination in Federal Land Management Decision-Making, and, in Connection Therewith, Making an Appropriation, by Reps. Bob Rankin & KC Becker and Sens. Ellen Roberts & Kerry Donovan. The bill requires certain executive branch officers and directors to provide support to local governments affected by federal land management.
  • HB 15-1271 – Concerning the Funding of Mobile Learning Labs Through the Colorado Existing Industry Training Program, by Reps. Susan Lontine & Millie Hamner and Sens. Vicki Marble & Kerry Donovan. The bill authorizes the Colorado Existing Industry Training Program to fund mobile learning labs, or stand-alone vehicles equipped with program-specific hands-on learning modules.
  • SB 15-138 – Concerning Funding for the Accelerating Students Through Concurrent Enrollment Program, by Sen. Kerry Donovan and Rep. Jim Wilson. The bill clarifies distribution of funding for ASCENT students.
  • SB 15-282 – Concerning the Establishment of a Rural Jump-Start Program in Highly Distressed Counties of the State for New Businesses that Bring New Jobs to the State, and, in Connection Therewith, Making an Appropriation, by Sens. Ray Scott & Michael Johnston and Reps. Crisanta Duran & Yeulin Willett. The bill provides tax benefits to new businesses that locate in a rural jump-start zone.

Thursday, May 14, 2015

  • HB 15-1217 – Concerning the Ability of a Local Licensing Authority to Provide Input to the State Licensing Authority on Applications for Approval to Operate a Sales Room Submitted by Certain Persons Licensed Under the “Colorado Liquor Code”, and, in Connection Therewith, Making an Appropriation, by Rep. Jonathan Singer and Sen. Chris Holbert. The bill allows local governments to provide input on sales room license requests.
  • HB 15-1232 – Concerning the Emergency Use of Epinephrine Auto-Injectors by Authorized Entities, and, in Connection Therewith, Making an Appropriation, by Reps. Joann Ginal & Lois Landgraf and Sens. Nancy Todd & Beth Martinez Humenik. The bill authorizes various facilities such as daycare centers, amusement parks, restaurants, and other locations where anaphylaxis could occur, to stock a supply of epinephrine auto-injectors via a valid prescription.
  • HB 15-1358 – Concerning Creating a Permanent Differential Response Program for Child Abuse or Neglect Cases of Low or Moderate Risk, by Rep.  Jonathan Singer and Sens. Kevin Lundberg & John Kefalas. The bill continues the Differential Response Pilot Program to divert low- and moderate-risk cases of abuse or neglect to voluntary services rather than adversarial court intervention.
  • SB 15-253 – Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making an Appropriation, by Sen. Jerry Sonnenberg and Rep. Ed Vigil. The bill appropriates money from the CWCB Construction Fund for specific projects in FY 2015-16 and authorizes additional transfers.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.

e-Legislative Report: February 10, 2015

legislationCBA Legislative Policy Committee

For followers 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 from requests from the various sections and committees of the Bar Association.

Meeting held Friday, February 6
The following bills were discussed for action during last Friday’s LPC meeting.  Other bills of interest from that agenda are tracked and updated below.

SB 15-042 – Mandatory Reports Of Animal Abuse
(Senator Sonnenberg & Representative J. Becker)
The intent of the sponsors was to criminalize the recording of undercover videos showing animal cruelty in farming practices.  The Bar sections could not support the bill, or a subsequent “strike below”* amendment, because the language was overly broad, potentially unconstitutional and would lead to unintended consequences.  The LPC voted to oppose this bill at the recommendation of the Animal Law and Agricultural Law Sections.

HB 15-1101 – Public Defender ADC Records Open Records
(Representatives Field and Lawrence)
The LPC voted to oppose this bill as well.  The committee was concerned about the impact of Rule 1.6 and the financial impact of the bill to the State.  There was also concern that this bill would open the door for CORA requests of the Judicial Branch – and the potential impact that would have.  The LPC voted unanimously to oppose this bill.

HB 15-1037 – Freedom of Conscience Higher Ed
(Representative Priola & Senator Neville)
This bill was considered at the request of the Civil Rights Committee who presented that the bill was intended to “protect religious freedom and the right of association.”  After some discussion, the LPC voted to take no position on this bill.

At the Capitol: Week of February 2

HB 15-1135 – Terminally Ill Individuals End-of-life Decisions
(Representatives Court and Ginal & Senator Guzman)
HB 1135 was the big bill last week at the capitol.  Testimony began a little after 9:30am and concluded shortly before 10pm!  The emotional level of testimony was compelling.  There were approximately 120 people that signed up to testify for the bill ranging from all types of organizations and all walks of life. Many made passionate testimony on both sides of the bill which was a true indicator that our group made the correct policy decision to fix the issues and then maintain our neutrality. It is an issue that people either feel at a core level to support or they don’t.  The Committee voted to send the bill to the next committee Appropriations.  That motion failed 8-5.  There was a motion to Postpone the bill indefinitely, (passing 9-4) killing the bill for the remainder of the session.

Many Bar sections weighed in on the bill, its technical merits, and the drafting problems of the bill.  While individual sections had vigorous debates on the policy of “death with dignity” or physician assisted suicide, the LPC took no position on the bill itself.

SB 15-077 – Parents’ Bill of Rights
(Senator Neville & Representative Neville)
This Senate Bill sponsored by the father-son legislative team from Jefferson County was heard and passed out of the Senate committee last week.  The bill is set for its key second reading on Wednesday. Senate Bill 77, the so-called “Parents’ Bill of Rights” sponsored by Sen. Tim Neville and Rep. Patrick Neville, would give parents certain rights over the health care, education and mental health care of minor children.  The Bar Association voted to oppose this legislation at its LPC meeting on January 30.

SB 15-049 – Real Estate Title Vests In Entity Once Formed
(Senator Martinez Humenik & Representative Keyser)
This bill – supported by the bar – continues through the legislature on a straightforward course. It has now passed the Senate and will be heard in the Hose Business Affairs and Labor Committee, where Rep. Keyser will be the key sponsor.

HB 15-1121 – Wind Energy Generation
(Representative J. Becker & Senator Sonnenberg)
This Bar supported bill is also progressing through the legislative process.  Representative Becker has successfully completed the House process, and the bill passes to Senator Sonnenberg for the final leg of its legislative journey.

New Bills of Interest

Senate

SB 15-129 – Preserving Parent-child Relationships
(Senator Lundberg)
The bill amends provisions relating to best interests of a child in domestic relations actions and certain other actions in the juvenile code. With respect to such actions, the bill:

Amends the legislative declaration to emphasize the fundamental liberty interest of both parents and children in maintaining the parent-child relationship;

With respect to temporary orders hearings, if there has been a temporary or permanent protection order entered against one or both parties either prior to or in conjunction with the domestic relations action, requires the court to grant an expedited hearing at the request of either party for purposes of modifying provisions in the protection order relating to parenting time, communication, and access to a child. The court shall order substantially equal parenting time and access to the child unless it finds that such orders are clearly not in the child’s best interest. The court shall also enter any orders necessary for the safety of the protected party relating to the restrained party’s parenting time with the child.

Changes the nature of an investigation by a court-appointed child and family investigator (CFI) from evaluation and recommendations to investigation and fact-finding. CFIs will conduct an objective investigation of issues as specifically directed by the court and will provide written factual findings to the court that are supported by credible evidence. A CFI’s report will not make recommendations regarding the allocation of parental responsibilities but will provide the court with the factual findings the court deems necessary to make such determinations.

Amends language in the legislative declaration regarding the allocation of parental rights and responsibilities relating to the best interests of the child. Also, the bill requires the court to allocate substantially equal parenting time unless the court finds that doing so would endanger a child’s physical health or significantly impair the child’s emotional development. In addition, the court shall award mutual decision-making responsibilities with respect to the child unless the court finds that such an order is clearly not in the child’s best interest.

For purposes of temporary orders in a domestic relations action, requires the court to award substantially equal parenting time to the parties unless the court finds that doing so would endanger a child’s physical health or significantly impair the child’s emotional development. In addition, the court shall order mutual decision-making responsibilities unless mutual decision-making is clearly not in the child’s best interest.

Changes the nature of an evaluation by a court-appointed parental responsibilities evaluator to an investigation by a mental health professional. The mental health investigation is limited to mental health diagnoses, assessments of relevant addictions, or other mental health-related issues that are relevant to the court’s allocation of parental responsibilities for the child. The investigator’s report shall contain findings of fact but shall not contain conclusions or recommendations relating to the allocation of parental rights and responsibilities.

Clarifies that the 2-year restriction on filing motions that request a substantial change in parenting time and that also change the party with whom the child resides the majority of the time do not apply to moderate changes to parenting time when the existing parenting time order awarded substantially equal parenting time to the parties; and

Amends the provisions relating to modification of decision-making responsibility for a child from requiring the court to retain the prior decision-maker unless certain criteria are met to permitting the court to change the decision-maker after considering certain criteria, including whether an award of mutual decision-making responsibilities is now in the child’s best interest.

SB 15-174 – Uniform Substitute Decision Making Documents Act
(Senator Steadman)
Colorado Commission on Uniform State Laws. The bill adopts, with amendments, the “Uniform Substitute Decision-making Documents Act” as Colorado law. The bill establishes the circumstances under which a substitute decision-making document (document) executed outside this state is valid in this state. A person may assume in good faith that a document is genuine, valid, and still in effect and that the decision-maker’s authority is genuine, valid, and still in effect. A person who is asked to accept a document shall do so within a reasonable amount of time. The person may not require an additional or different form of document for authority granted in the document presented. A person who refuses to accept a substitute document is subject to:  A court order mandating acceptance of the document; and Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that mandates acceptance of the document. A person is not required to accept a substitute document under certain described conditions.

House

HB 15-1043 – Felony Offense For Repeat DUI Offenders
(Senators Cooke and Johnson & Representatives McCann and Saine)
Under current law, a DUI, DUI per se, or DWAI is a misdemeanor offense. The bill makes such an offense a class 4 felony if the violation occurred: (1) After 3 or more prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof; or (2) not more than 7 years after the first of 2 prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof, if the violation included at least one of the following circumstances: One or more persons less than 18 years of age were present in the person’s vehicle at the time of the violation;  In committing the violation, the person caused damage or injury to any property or persons;  After committing the violation, the person fled the scene; or At the time of the violation, or within 2 hours after the violation, the person’s BAC was 0.15 or higher. Under current law, aggravated driving with a revoked license is a class 6 felony. The bill changes the penalty to a class 1 misdemeanor but requires a sentencing court to ensure that an offender spends a minimum of 60 days in the custody of a county jail. Under current law, a person whose privilege to drive was revoked for multiple convictions for any combination of a DUI, DUI per se, or DWAI must hold an interlock-restricted license for at least one year following reinstatement prior to being eligible to obtain any other driver’s license. The bill expands this period to a minimum of 2 years and a maximum of 5 years. The bill repeals provisions relating to the crime of aggravated driving with a revoked license when the offender also commits DUI, DUI per se, or DWAI as part of the same criminal episode. The bill makes conforming amendments.

HB 15-1161 – Public Accommodation First Amendment Rights
(Representative Klingenschmitt)
The bill specifies that neither the civil rights division, the civil rights commission, nor a court with jurisdiction to hear civil actions brought under the public accommodations laws may compel involuntary speech or acts of involuntary artistic expression or involuntary religious expression by a person when such speech or acts of artistic or religious expression would lead to that person directly or indirectly participating in, directly or indirectly supporting, or endorsing or impliedly endorsing an ideology, ceremony, creed, behavior, or practice with which the person does not agree.

HB 15-1189 – Uniform Fiduciary Access to Digital Assets Act
(Representative Keyser & Senator Steadman)
Colorado Commission on Uniform State Laws. The bill enacts the “Uniform Fiduciary Access to Digital Assets Act”, as amended, as Colorado law. The bill sets forth the conditions under which certain fiduciaries may access: The content of an electronic communication of a principal or decedent; A catalog of electronic communications sent or received by a decedent or principal; and  Any other digital asset in which a principal has a right or interest or in which a decedent had a right or interest at death. As to tangible personal property capable of receiving, storing, processing, or sending a digital asset, a fiduciary with authority over the property of a decedent, protected person, principal, or settlor may access the property and any digital asset stored in it and is an authorized user for purposes of computer fraud and unauthorized computer access laws.

“Fiduciary” means a personal representative, a conservator, an agent, or a trustee. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good-faith compliance with the provisions of the bill.

HB 15-1203 – Concerning earned time for certain offenders serving life sentences as habitual offenders
(Representative Rosenthal & Senator Steadman)
Under current law, an offender who was sentenced to a habitual offender 40-calendar-year life sentence before July 1, 1993, is not accruing earned time. The bill permits those sentenced under those circumstances to accrue earned time.

HB 15-1212 – Authority To Sell State Trust Lands To Local Gov
(Representative KC Becker & Senator Kerr)
In 2010, a law was enacted that allowed the state board of land commissioners (board) to convey land to units of local government if the conveyance would add value to adjoining or nearby state trust property, benefit board operations, or comply with local land use regulations. When enacted, the authority was set to repeal on July 1, 2015. The bill repeals that automatic repeal and makes the board’s authority permanent.

 

*a “Strike Below” amendment essentially replaces the entire bill below the title with an entirely different bill.  In practice this changes almost everything about the bill – but addresses the same topic, allowing for the sponsor to retain his/her bill and to continue working on the topic.  It is generally used when interested parties and stakeholders need a complete rewrite of the bill as originally introduced in ordrr to try and reach consensus.