June 24, 2019

e-Legislative Report: January 27, 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.

At its Jan. 24 meeting, the LPC voted to make technical changes to UCC Article 9 “Bar Sponsored” legislation. The proposal, which is the product of the Business Law Section, is crafted to clarify the existing law as it related to restrictions on assignment, transfer or creation of security interests in owner interests in unincorporated entities. Also on Jan. 24, the LPC voted to adopt recommendations from the Business Law Section, Bankruptcy Subsection to modify limits on exemptions in a bankruptcy proceeding. These statutes were modified seven years ago in legislation sponsored by the CBA.

Finally, at the meeting the committee voted to support the Uniform Power of Appointment Act; with Colorado modifications. The support for the legislation stems from a study committee within the Trusts and Estates Section of the CBA. The uniform act was approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) at its annual meeting in July 2013. As a quick reference point—Powers of Appointment are routinely included in trusts drafted throughout the United States but there is little statutory law governing their use. A power of appointment is an estate planning tool that permits the owner of property to name a third party and give that person the power to direct the distribution of that property among some class of permissible beneficiaries. The bill will be sponsored by the Colorado Uniform Law Commissioners and will have CBA support once it is introduced.

At the Capitol—Week of Jan. 21

A recap of the committee and floor work follows.

Both the Senate and the House did not meet on Monday, Jan. 20 in observance of the Martin Luther King, Jr. holiday.

In the House

Scorecard:

Tuesday, January 21

  • HB 14-1019. Concerning the enactment of Colorado Revised Statutes 2013 as the positive and statutory law of the state of Colorado. Passed 3rd Reading 63 yes, 0 no, 2 excused.
  • The House Public Health Care & Human Services Committee amended and approved HB 14-1042. Concerning access by birth parents to records relating to the relinquishment of parental rights. The bill was referred to the Finance Committee.

Wednesday, January 22

  • The Finance Committee gave initial approval to HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization and sent the bill to the full House for consideration on 2nd Reading.
  • The Finance Committee amended and sent HB 14-1074. Concerning payments that a nonprofit owner of a tax-exempt property may receive for reasonable expenses incurred without affecting the tax-exempt status of the property to the floor of the House for consideration on 2nd Reading.
  • The Local Government Committee amended and approved HB 14-1017. Concerning measures to expand the availability of affordable housing in the state, and, in connection therewith, making modifications to statutory provisions establishing the housing investment trust fund, the housing development grant fund, and the low-income housing tax credit. The bill now moves to the Finance Committee for review.
  • HB 14-1064. Concerning the distribution of severance tax revenue to a local government that limits oil and gas extraction was postponed indefinitely—PI’d—“killed” by the House Local Government Committee.

Thursday, January 23

  • The House Judiciary Committee amended and approved HB 14-1035. Concerning collection of restitution ordered pursuant to a deferred judgment. The bill moves to the floor of the House for consideration on 2nd Reading.

Friday, January 24

  • Passed on 2nd Reading—HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization. Also passed on 2nd Reading, HB 14-1074. Concerning payments that a nonprofit owner of a tax-exempt property may receive for reasonable expenses incurred without affecting the tax-exempt status of the property.

In the Senate

Scorecard:

Tuesday, January 21

The Senate approved on 2nd Reading:

  • SB14-19. Concerning the state income tax filing status of two taxpayers who may legally file a joint federal income tax return.
  • SB 14-9. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property.
  • SB 14-21. Concerning the treatment of persons with mental illness who are involved in the criminal justice systems was approved by the Judiciary Committee and sent to the Appropriations Committee.
  • The Local Government Committee gave initial approval to 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 and sent the bill to the Senate 2nd Reading Consent Calendar.

Wednesday, January 22

  • Passed on 3rd and final reading in the Senate, SB 14-19. Concerning the state income tax filing status of two taxpayers who may legally file a joint federal income tax return. The vote 18 yes, 16 no, and 1 excused.
  • The committee on Health and Human serviced approved and sent SB 14-67. Concerning aligning certain state medical assistance programs’ eligibility laws with the federal “Patient Protection and Affordable Care Act” to the full Senate for review on 2nd Reading.
  • The State, Veterans and Military Affairs Committee defeated SB 14-33. Concerning the creation of income tax credits for nonpublic education.
  • SB 14-5. Concerning alternative administrative remedies for the processing of certain wage claims, and, in connection therewith, amending the provisions for written notices of a wage claim was amended by the Judiciary Committee and referred to the Finance Committee.
  • The Judiciary Committee gave its unanimous support to SB 14-48. Concerning use of the most recent United States census bureau mortality table as evidence of the expectancy of continued life of any person in a civil action in Colorado. The bill was sent to the Consent Calendar for consideration on 2nd Reading.

Thursday, January 23

  • Passed, with amendments, on 2nd Reading, SB 14-9. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property.

Stay tuned for 10 bills of interest.

e-Legislative Report: January 20, 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.

At its Jan. 17 meeting, the LPC voted to support HB 14-1050. Concerning an increase in the number of judges for the eighteenth judicial district. By Rep. Kagan and Sen. Guzman. The bill increases the number of judges for the 18th judicial district from 21 to 23. The bill was approved by the House Judiciary Committee on a 9–0 vote on Jan. 16. The bill moves to the Appropriations Committee for consideration of the cost to the state.

At the Capitol—Week of Jan. 13

The week of Jan. 13 was relatively light in terms of bills running through the committees of reference and floor work in both chambers. A recap of the committee and floor work follows.

In the Senate

On Tuesday, Jan. 14, the Senate Finance Committee gave initial approval to SB 14-19. Concerning the state income tax filing status of two taxpayers who may legally file a joint federal income tax return. By Sen. Steadman and Rep. Moreno. The CBA LPC voted to support this legislation at its Dec. 13, 2013 meeting. The bill requires any two taxpayers who may legally file a joint federal income tax return to file separate state income tax returns if they file separate federal income tax returns and to file a joint state income tax return if they file a joint federal income tax return. The bill was amended to allow amended tax returns three years in the past. The bill moves to the floor for debate and vote on 2nd Reading.

On Wednesday, Jan. 15, the Senate Judiciary Committee approved—with amendments—SB 14-27. Concerning criminal history background checks for professionals who have the authority to appear in court. By Sen. Guzman. The bill requires a fingerprint-based criminal history background check for a law license applicant and a child and family investigator. The CBA LPC voted to support this legislation at its Dec. 13 meeting. The bill moves to the Finance Committee for review. The Senate Judiciary Committee also amended and approved SB 14-09. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property. By Sen. Hodge and Rep. Moreno. As the bill title states, the bill requires a seller to disclose in the sale of real property that a separate mineral estate may subject the property to oil, gas, or mineral extraction.

In the House

On Tuesday, Jan. 14, the House Judiciary Committee approved (unanimous vote) HB 14-1019. Concerning the enactment of Colorado Revised Statutes 2013 as the positive and statutory law of the state of Colorado, by Rep. Gardner and Sen. Steadman. The bill moved to the floor where it was approved on 2nd Reading on Friday, Jan. 17. Also on a unanimous vote, the Judiciary Committee defeated HB 14-1025. Concerning the determination of competency to proceed for individuals in the juvenile justice system, by Rep. Rosenthal and Sen. Newell.

On Wednesday, Jan. 15, the House Transportation and Energy Committee approved HB 14-1027. Concerning the clarification of the definition of a plug-in electric motor vehicle, by Rep. Fischer and Sen. Jones. The bill, among other things, defines “plug-in electric motor vehicle” to include motor vehicles that are certified to be eligible for a particular federal tax credit. The bill moves to the floor of the House for consideration on 2nd Reading.

The House Judiciary Committee

The Judiciary Committee gave unanimous approval of the legislation to increase the number of judges in the 18th Judiciary District on Thursday, Jan. 16. The bill, HB 14-1050. Concerning an increase in the number of judges for the eighteenth judicial district, by Rep. Kagan and Sen. Guzman, increases the number of judges in the 18 JD from 21 to 23. The bill moves to the Appropriations Committee for consideration of the Fiscal Impact to the state. This bill will be on a fast track due to internal legislative rules that require bills to increase the number of judges to be through the entire legislative process by March 7. The CBA LPC voted to support this legislation at its Jan. 17 meeting.

Stay tuned for ten bills of interest.