April 24, 2019

Bills Regarding Provision of Social Workers for Juveniles, Annual Reports for Public Benefit Corporations, and More Signed

Governor Hickenlooper continues to sign legislation that cleared both houses this 2014 Legislative Session. He signed bills on Wednesday, May 14, 2014; Thursday, May 15; Friday, May 16; and Saturday, May 17. To date, he has signed 248 bills and vetoed two. Some of the bills signed each day last week are summarized here.

Wednesday, May 14, 2014

  • SB 14-164Concerning 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 to maximize its aerial firefighting capabilities.
  • 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 renames “prescribed burn manager” as “certified burner” and removes persons with this credential from the list of persons who may attend a prescribed burn in a supervisory role.
  • HB 14-1023 – Concerning the Provision of Social Workers to Juveniles, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Pete Lee and Sen. Jessie Ulibarri. The bill allows
    the Office of the State Public Defender to hire social workers to assist in juvenile defense cases, and specifies that any reports generated are to be considered evidence in the case.

Thursday, May 15, 2014

  • SB 14-073 – Concerning the State Income Tax Credit for the Environmental Remediation of Contaminated Land in the State, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Cheri Jahn and Rep. Cheri Gerou. The bill creates an income tax credit for individuals, organizations, and “qualified entities” that perform any approved environmental remediation of contaminated property.
  • SB 14-092 – Concerning the Creation of the Crime of Insurance Fraud, and, in Connection Therewith, Making an Appropriation, by Sen. George Rivera and Rep. Angela Williams. The bill classifies insurance fraud as a crime and identifies fraudulent actions for insurance claimants, agents, and brokers.
  • SB 14-156 – Concerning a Requirement that a Public Benefit Corporation file an Annual Report, by Sens. John Kefalas & Rollie Heath and Rep. Pete Lee. The bill requires Public Benefit Corporations to file annual reports that discuss the ways in which the corporation has promoted its specified public benefits and that assess its overall social and environmental performance against a third-party standard.
  • HB 14-1044 – Concerning Consequences for a Parolee who Tampers with an Electronic Monitoring Device that the Parolee is Required to Wear as a Condition of Parole, by Rep. Timothy Dore and Sen. Lois Tochtrop. The bill provides that if a parolee tampers with an electronic monitoring device, he or she is subject to immediate warrantless arrest.
  • HB 14-1144 – Concerning Measures to Improve the Performance of District Attorneys, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Bob Gardner and Sen. Mike Johnston. The bill provides for cost-sharing of salaries for entry-level deputy district attorneys.
  • HB 14-1347 – Concerning Statutorily Established Time Periods that are Multiples of Seven Days, by Rep. Lois Court and Sen. Linda Newell. The bill continues to revise statutes so that statutorily established time periods conform to the “rule of seven.”
  • HB 14-1353 – Concerning Powers of Appointment, by Rep. Bob Gardner and Sen. Mike Johnston. The bill creates the Uniform Powers of Appointment Act (act), as recommended by the Colorado Commission on Uniform State Laws.

Friday, May 16, 2014

  • SB 14-011 – Concerning the Colorado Energy Research Authority, by Sen. Rollie Heath and Rep. Dickey Lee Hullinghorst. The bill changes the name of the Colorado Renewable Research Authority to the Colorado
    Energy Research Authority and creates a cash fund.
  • HB 14-1005 – Concerning Clarification of the Requirements Applicable to a Change of Point of Water Diversion, by Reps. Jerry Sonnenberg & Dave Young and Sens. Kevin Lundberg & John Kefalas. The bill clarifies that if a ditch owner relocates a headgate to a new surface point of diversion, as long as the relocation does not physically interfere with the complete use of or enjoyment of other water rights, the owner does not need to file a change of water right application.

Saturday, May 17, 2014

  • HB 14-1001 – Concerning the Creation of a Property Tax Reimbursement for a Taxpayer that Owes Property Tax on Property that has been Destroyed by a Natural Cause, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Jonathan Singer and Sen. Jeanne Nicholson. The bill creates a reimbursement program for property taxes paid on a property that has been destroyed by a natural disaster.
  • HB 14-1159 – Concerning a State Sales and Use Tax Exemption for Components used in Biogas Production Systems, by Reps. Angela Young & Timothy Dore and Sens. Gail Schwartz & Larry Crowder. The bill creates a sales and use tax exemption for equipment used to capture biogas to be used as a renewable natural gas or the equipment used to turn biogas into electricity.
  • HB 14-1281 – Concerning the Allowance for Terminally Ill Patients to have Access to Investigational Products that have not been Approved by the Federal Food and Drug Administration that Other Patients have Access to when they Participate in Clinical Trials, by Reps. Joann Ginal & Janak Joshi and Sens. George Rivera & Irene Aguilar. The bill allows terminally ill patients to have access to experimental drugs without participating in a clinical trial.
  • HB 14-1349 – Concerning the Creation of an Exemption from Property Taxes for Qualifying Business Entities Controlled by Nonprofit Organizations that are Formed for the Purpose of Qualifying for Federal Tax Credits, by Reps. Dickey Lee Hullinghorst & Brian DelGrosso and Sen. Rollie Heath. The bill broadens eligibility for nonprofits for federal tax credits to LLCs and limited partnerships.

For a list of Governor Hickenlooper’s 2014 legislative decisions, click here.

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 14-164: Authorizing the Division of Fire Prevention and Control to Make Certain Provisions for Aerial Firefighting

On March 21, 2014, Sen. Morgan Carroll introduced SB 14-164 – Concerning Aerial Firefighting. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Senate Bill 13-245 created the Colorado firefighting air corps (C-FAC) under the division of fire prevention and control (division) in the department of public safety and empowered the division to acquire firefighting aircraft for the C-FAC. Currently, the division has no such aircraft.

  • For use during the 2014 fire season, the bill authorizes the division to purchase, lease, or contract for the use and operation of up to 3 firefighting helicopters.
  • For use in the 2015 fire season and beyond, the bill authorizes the division to purchase, lease, or contract for the use of up to 4 large aircraft from the federal government or other sources. The division is further permitted to contract for the retrofitting, maintenance, storage, and operation of these planes. In awarding any such contract, the division is directed to consider certain specified factors, including whether bidders will perform the airplane modifications in Colorado or employ veterans.

The bill also allows the division to establish a center of excellence for advanced technology aerial firefighting and specifies the functions that the center must perform, if so established.

The bill is assigned to the Agriculture, Natural Resources, & Energy Committee.