August 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.

SB 14-161: Implementing Provisions of the Voter Access and Modernized Elections Act of 2013

On March 18, 2014, Sen. Jessie Ulibarri introduced 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, and Making the Aiding or Abetting the Provision of False Residential Information a New Felony Offense. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The “Voter Access and Modernized Elections Act,” enacted in 2013, made various changes to the “Uniform Election Code of 1992.” To facilitate implementation of that act and the conduct of elections generally, the bill makes various corrections, clarifications, and alterations to the code.

The bill defines the term “post office box” as compartments on premises administered by the United States postal service or other commercial mail service entity.

Currently, when a person moves from one county or precinct in the state to another with the intention of making the new county or precinct his or her permanent residence, the person is considered to reside in that new county or precinct. The bill modifies this provision to apply to any in-state changes of residence when the elector intends the new residence to be his or her sole legal place of residence.

Various deadlines apply by which voter registration must be completed, depending on the method of application. The bill imposes the same deadline (i.e., eight days prior to the date of an election) for voter registration applications by any method of submission, except for applications submitted through voter registration drives or at voter service and polling centers (VSPCs). Further:

  • The bill requires a person to register to vote on or before the eighth day before an election in order to receive a mail ballot for that election;
  • The bill clarifies the time during which voter registration applications may be submitted at VSPCs for elections, other than general elections, coordinated by a county clerk and recorder; and
  • The bill allows voter registration applications to be processed after the 8-day deadline, though voters so registering must still obtain ballots in person.

Currently, to change an address or political party affiliation using the on-line voter registration system, an elector is required to provide the last four digits of his or her social security number. The bill makes the provision of this information optional. The bill also eliminates the requirement that a county clerk and recorder send a nonforwardable postcard to an elector’s former address of record after the elector effects a change of residence using the on-line voter registration system.

The bill harmonizes the self-affirmation a person makes when registering to vote with the statutory residency requirements.

Regarding the monthly national change of address search that the secretary of state must undertake, the bill:

  • Specifies that the search must be performed using the database maintained by the United States postal service;
  • Allows elector registration records to be changed only if the elector has signified that his or her move was permanent;
  • When a search indicates that an elector has added or changed a post office box, directs the county clerk and recorder to update only the elector’s deliverable mailing address and to notify the elector of such change by sending him or her a conformation card;
  • Repeals the prohibition on changing an elector’s record within 60 days of a primary or general election; and
  • Requires that electors who appear, pursuant to such change of address search, to have moved within a county be treated the same whether active or inactive, requires the new addresses of such electors be kept current when confirmation cards mailed to their old addresses are returned as undeliverable.

Because registration records are maintained and accessible electronically, the bill removes obsolete requirements that county clerk and recorders maintain original records at their offices.

The bill makes the use of ballot stubs and duplicate stubs optional and repeals provisions relating to acceptance and processing of those stubs and instead requires election judges to issue credit for ballots provided to each elector in the voter registration list.

The bill eliminates the requirements for electors to manually write in signature card information and instead directs election judges to prepare signature cards using elector information contained in the on-line voter registration system for those cards. The bill also harmonizes the self-affirmation contained on signature cards with those that appear on return envelopes for voted mail ballots.

The bill consolidates provisions pertaining to persons who assist electors with disabilities or who do not speak English. As a result of this consolidation, the bill makes a conforming amendment, and updates terminology pertaining to the physical area in which an elector votes.

The bill modifies the bases on which VSPCs are required for certain elections.

With respect to military and overseas voters:

  • The bill clarifies that ballots cast in accordance with the “Uniform Military and Overseas Voters Act” (UMOVA) are deemed timely and are counted pursuant to that act;
  • In the same way that children are covered by the UMOVA, the bill adds spouses and civil union partners of UMOVA-covered voters who are United States citizens to the purview of that act;
  • The bill removes the deadline by which an election official must receive a declaration from such voters in order for processing prior to an election; and
  • The bill deems electronic requests for ballots to be timely if received any time through seven days prior to election day.

Currently, an elector may obtain an emergency replacement ballot if he or she, or a member of his or her family, is confined to a hospital or residence on election day. The bill allows electors to obtain and vote such ballots for nonmedical reasons, including natural disasters.

The bill requires a self-affirmation on a mail ballot to be signed by the elector, and not a person acting on the elector’s behalf, to be valid.

The bill makes corrections to the bases on which the residency or age of voters are challenged.

With regard to criminal offenses relating to elections:

  • The bill makes the tampering with, or unauthorized opening of, a ballot box a class 5 felony.
  • Currently, the offense of knowingly giving false information regarding an elector’s place of present residence constitutes a class 6 felony. The bill makes that offense a class 5 felony.
  • The bill makes knowingly aiding or abetting an elector in committing the offense of knowingly giving false information as to the elector’s place of present residence a class 6 felony.

Currently, county clerks and recorders are directed to verify the changes of addresses of voters who, pursuant to information received from the United States post office or a driver’s license examination facility, appear to have moved in-state. The bill repeals this verification requirement.

The bill is assigned to the State, Veterans, & Military Affairs Committee.

Since this summary, the State, Veterans, & Military Affairs Committee referred the bill, amended to the Appropriations Committee, and the Appropriations Committee referred the bill, amended, to the Senate Committee of the Whole.