June 17, 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.