August 23, 2019

Veterans Bills, Hepatitis C Bill, Marijuana Bills, and Many Others Signed by Governor

Though the General Assembly has adjourned for 2014, the governor continues to sign legislation. To date, the governor has signed 283 bills and vetoed two bills. He signed bills most days during the week of May 19, and signed veterans bills on Memorial Day – May 26, 2014. Some of these are summarized here.

Monday, May 19, 2014

  • SB 14-173 – Concerning the Recommendation that Certain Persons be Offered a Test for the Hepatitis C Virus, by Sens. Cheri Jahn & Steve King and Reps. Jonathan Singer & Frank McNulty. The bill recommends that health care providers offer a test to screen for hepatitis C to anyone born between 1945 and 1965.
  • SB 14-174 – Concerning the Creation of the Prosecution Fellowship Program, by Sens. Rollie Heath & Mike Johnston and Reps. Mike McLachlan & Dan Pabon. The bill provides a fund in the Department of Higher Education for fellowships for recent Colorado law school graduates to pursue careers as prosecutors in rural areas.

Tuesday, May 20, 2014

  • HB 14-1178 – Concerning a Sales and Use Tax Exemption for Qualified Property Used in Space Flight, and, In Connection Therewith, Making and Reducing Appropriations, by Reps. Mark Ferrandino & Brian DelGrosso and Sens. Mary Hodge & Kevin Grantham. The bill exempts qualified space flight personal property from sales and use tax.

Wednesday, May 21, 2014

  • SB 14-123 – Concerning the Authority of the Peace Officers Standards and Training Board, and, In Connection Therewith, Providing Additional Rule-Making Authority; Raising the Maximum Fee for Certification and Skills Exams; Allowing Awarding Grants to Nonprofit Organizations; Denying Certification for Municipal Violations; and Making an Appropriation, by Sen. Lucia Guzman and Rep. Daniel Kagan. The bill makes several adjustments to the rule-making authority of the Peace Officers Standards and Training Board and allows fee increases, denial of certification, and more.
  • SB 14-155 – Concerning Grant Funding for Medical Marijuana Health Effects Studies, by Sen. Pat Steadman and Reps. Jenise May & Crisanta Duran. The bill creates a grant program to fund scientific research on the use of marijuana as a part of medical treatment.
  • HB 14-1032 – Concerning the Provision of Defense Counsel to Juvenile Offenders, and, In Connection Therewith, Making and Reducing Appropriations, by Rep. Daniel Kagan and Sen. Lucia Guzman. The bill makes several changes to the procedures concerning providing defense counsel for juvenile offenders.
  • HB 14-1288 – Concerning Information Available Regarding Personal Belief Exemptions to Immunization Requirements for Children Prior to Attending School, by Rep. Dan Pabon and Sen. Irene Aguilar. The bill expands the requirements necessary for parents to waive the immunization requirement for their children prior to attending school.
  • HB 14-1361 – Concerning the Authority of the State Licensing Authority to Establish Equivalencies for Retail Marijuana Products, and, In Connection Therewith, Making an Appropriation, by Reps. Frank McNulty & Jonathan Singer and Sens. Lucia Guzman & Steve King. The bill requires the Department of Revenue to establish rules regarding the equivalency of marijuana flowers and marijuana concentrate by January 1, 2016.
  • HB 14-1366 – Concerning Reasonable Restrictions on the Sale of Edible Retail Marijuana Products, by Reps. Jonathan Singer & Frank McNulty and Sens. Mike Johnston & Steve King. The bill removes the requirement that marijuana flowers be sold in childproof packaging and maintains the requirement for edible marijuana products.

Thursday, May 22, 2014

  • SB 14-051 – Concerning Access to Records Relating to the Adoption of Children, and, In Connection Therewith, Making an Appropriation, by Sen. Lois Tochtrop and Rep. Lori Saine. The bill eliminates different standards for the release of adoption records, and generally seals those records from all but eligible recipients.
  • SB 14-118 – Concerning Improving Protections for Individuals with Disabilities, by Sen. Pat Steadman and Rep. Jovan Melton. The bill changes definitions to conform to the federal Americans with Disabilities Act and increases penalties for certain offenses.
  • HB 14-1042 – Concerning Access by Birth Parents to Records Relating to the Relinquishment of Parental Rights, and, in Connection Therewith, Making an Appropriation, by Rep. Lori Saine and Sen. Lois Tochtrop. The bill requires the custodian of records to release certain records to relinquishing birth parents at the time of relinquishment.
  • HB 14-1372 – Concerning Unauthorized Advertising for Adoption Purposes, by Reps. Kathleen Conti & Beth McCann and Sen. Vicki Marble. The bill prohibits advertising through a public medium for purposes of facilitating adoptions.

Monday, May 26, 2014

  • HB 14-1205 – Concerning the Veterans Assistance Grant Program, by Rep. Su Ryden and Sen. Larry Crowder. The bill creates the Veterans Assistance Grant Program, which will provide financial assistance to nonprofit organizations and governmental agencies providing services to improve the health and well-being of veterans in the state.
  • HB 14-1373 – Concerning Individuals Who May Claim the Property Tax Exemption for Qualifying Seniors and Disabled Veterans, by Reps. Steve Lebsock & Ray Scott and Sens. Larry Crowder & Rachel Zenzinger. The bill allows certain individuals to claim a property tax exemption when those individuals would not ordinarily be allowed to claim the exemption.

For a list of the governor’s legislative decisions, click here.

SB 14-051: Revising Requirements Regarding Access to Adoption Records

On Friday, January 10, 2014, Sen. Lois Tochtrop introduced SB 14-051 – Concerning Access to Records Relating to the Adoption of Children. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill repeals and reenacts portions of the existing statute on access to adoption records to eliminate different standards of access by members of the adoption triad (consisting of the adoptee, the birth parents, and the adoptive parents) and their descendants based on the law in existence on the date the adoption was finalized. The bill retains the current policy that adoption records are confidential from the general public, unless the requesting party is eligible under the statute to access the records or unless the court finds good cause for release. The bill retains current policy that after a birth parent is deceased or an adult adoptee is deceased, eligible relatives may receive access to the adoption records.

Contact preference forms. The bill allows for the continued use of the contact preference form issued by the state registrar of vital statistics (state registrar), which form may be used by a birth parent to indicate whether he or she prefers to be contacted by an adoptee, the descendant of an adoptee, or a representative of either directly, through a third party, or not at all. Effective July 1, 2014, the state registrar shall not distribute a contact preference form that gives a birth parent the option to authorize or not authorize release of the original birth certificate to the adult adoptee, his or her descendants, or certain adoptive family members. Prior to releasing an original birth certificate to an individual eligible to access it, the state registrar or the custodian of records must conduct a search to determine whether a contact preference form was filed with the state registrar. If a contact preference form was executed prior to July 1, 2014, and the birth parent stated a preference not to authorize release of the original birth certificate, then the state registrar or other custodian of records may not release the original birth certificate to an adult adoptee or other eligible individual unless the birth parent rescinds or changes the contact preference form, upon mutual consent of two or more reunited parties, the birth parent is deceased, or a court orders its release. If one birth parent has authorized the release of the birth certificate and the other birth parent has not authorized the release, the state registrar or other custodian of records may only issue the original birth certificate with the name of the non-consenting parent redacted.

The state registrar shall maintain and make available to the public accurate statistics about the number of contact preference forms on file with the state registrar and how many of the forms state a preference for contact, no contact, or contact through a third party.

Access to adoption records by adult adoptees, their descendants, or adoptive family members. The bill retains current policy regarding parties who are eligible to apply for adoption records. A custodian of adoption records must release adoption records (including birth certificates) to an adult adoptee, an adoptive parent of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any such individual. In addition, the custodian of records must provide direct access for inspection and copying of adoption records to a spouse of an adult adoptee, adult descendant of an adoptee, adult sibling or half-sibling of an adult adoptee, adoptive parent or grandparent of an adult adoptee, or the legal representative of any such individual, if the individual requesting access has the notarized written consent of the adult adoptee or if the adult adoptee is deceased.

Access to original birth certificates by birth parents. Upon request, the state registrar must provide to a birth parent who relinquished a child for adoption a copy of the unaltered original birth certificate that the birth parent signed or was named in.

Access to death certificates. The state registrar is authorized to conduct a search of death certificates to determine whether a birth parent or an adoptee is deceased and to provide a copy of any death certificate found to the requesting eligible individual. The state registrar may collect fees for conducting a search and for making copies and shall transmit any fees to the state treasurer who must credit the fees to the vital statistics records cash fund.

The legal custodian shall not release records unless the individual requesting access is eligible to access the records and provides proof of personal identification. The legal custodian may charge reasonable fees for copying records.

The bill retains the existing policy that allows identifying information in records of child placement agencies to remain confidential based on prior written statements of birth parents on file with the child placement agency or the court. Subject to the provisions of this bill, any party may seek direct contact with another party or use the services of a confidential intermediary, a licensed child placement agency that agrees to conduct a search, or the voluntary mutual consent registry operated by the state registrar. The bill makes conforming amendments. On Jan. 29 the Judiciary Committee heard testimony but did not vote on the bill.