July 16, 2019

Bills Regarding Mineral Estates, Parent-Child Relationships, Property Valuation, and More Signed by Governor

On Tuesday, March 25, and Thursday, March 27, 2014, Governor Hickenlooper signed 31 more bills into law. Some of these are summarized here.

  • SB 14-009 – Concerning a Disclosure of Possible Separate Ownership of the Mineral Estate in the Sale of Real Property, by Sen. Mary Hodge and Rep. Dominick Moreno. The bill requires the disclosure of possible separate ownership of mineral estates in the sale of real property.
  • SB 14-062 – Concerning Reinstatement of the Parent-Child Legal Relationship, by Sens. Lucia Guzman & Ellen Roberts and Reps. Mike Foote & Bob Gardner. The bill allows parents whose parental rights have been terminated to have those rights reinstated in certain circumstances.
  • SB 14-080 – Concerning the Elimination of the List of Certain Additional Qualifications that Apply to Property Valuation Appeal Arbitrators, by Sen. Kevin Grantham and Rep. Rhonda Fields. The bill simplifies qualifications for arbitrators in property valuation appeals by mandating only that the arbitrator be experienced in property taxation and hold a Colorado real estate appraiser license.
  • 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, by Sen. Jessie Ulibarri and Reps. Bob Gardner and Paul Rosenthal. The bill allows bank to use consumer credit information during or before employment for employment purposes.
  • HB 14-1060 – Concerning the Authority of a Municipality to Compensate Members of a Municipal Planning Commission, by Rep. Diane Mitsch Bush and Sen. Gail Schwartz. The bill allows municipalities to compensate members of planning commissions.
  • HB 14-1079 – Concerning an Increase in the Monetary Amount Allowed for the Limited Offering Registration Procedure Under the “Colorado Securities Act,” by Rep. Pete Lee and Sen. Rachel Zenzinger. The bill increases the limited offering cap for small public offerings from $1 million to $5 million per year.
  • HB 14-1082 – Concerning a Requirement for Written Notice of Cancellation of Individual Life Insurance Policies, and, in Connection Therewith, Requiring Written Notice Prior to the Lapse of Individual Life Insurance Policies, by Rep. Pete Lee and Sen. Lois Tochtrop. The bill clarifies that life insurance policies can only be cancelled for reasons specified by statute, and written notice must be sent to the last known address of the insured prior to cancellation.
  • HB 14-1125 – Concerning the Circumstances Under which a Unit Owners’ Association May Disclose Contact Information for Members and Residents Under the “Colorado Common Interest Ownership Act,” by Rep. Diane Mitsch Bush and Sen. David Balmer. The bill allows owners’ associations to publish contact information for consenting members.
  • HB 14-1171 – Concerning Rules on Forensic Medical Evidence in Sexual Assault Cases, by Rep. Frank McNulty and Sen. Ellen Roberts. The bill eliminates the need for further rule-making regarding sexual assault examination consent forms.
  • HB 14-1183 – Concerning the Reinstatement of the Authority for Active Military Personnel to Practice Professionally, by Rep. Rhonda Fields and Sen. Matt Jones. The bill exempts active military personnel from automatic expiration of professional licenses.
  • HB 14-1223 – Concerning the Reclassification of Dolores County for the Purpose of Statutory Provisions Fixing the Salaries of County Officers, by Rep. Don Coram and Sen. Ellen Roberts. The bill reclassifies Dolores County as a Category V county.

To date, the governor has signed 113 bills into law. Click here for a list of the governor’s 2014 legislative decisions.

SB 14-102: Allowing Financial Institutions to Use Consumer Credit Information for Employment Purposes

On Friday, January 24, 2014, Sen. Jessie Ulibarri introduced 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. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, an employer may use consumer credit information for employment purposes if the information is substantially related to the employee’s current or potential job. “ubstantially related to the employee’s current or potential job” is defined in statute to mean when the position “[c]onstitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel”.

Current law also governs circumstances under which an employer may require a credit report, including when the information is substantially related to the employee’s current or potential job, when the employer is a bank or financial institution, or when the report is required by law.

To ensure that a bank or financial institution authorized to require a credit report may then use the credit report, the bill allows bank or financial institution employers to use consumer credit information for employment purposes by amending the definition of “substantially related to the employee’s current or potential job” to include positions held at banks or financial institutions.

The bill was approved by the full Senate on Friday, Feb. 10, on a 34 yes, 0 no, and 1 excused vote. The bill is assigned to the House Business, Labor, Economic, & Workforce Development 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.