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CBA E-Legislative Report -- May 10, 2010

 

May 10, 2010
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Highlights:

CBA Legislative Policy Committee (LPC)

Late Bills of Interest (and status)

- In the House

-In the Senate

 

 

From the Colorado Bar Association - Department of Legislative Relations
Michael Valdez

Keeping you apprised of what the General Assembly and your state Bar Association are up to under the Gold Dome.

Follow the Colorado Legislature on their website: http://www.leg.state.co.us/

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• CBA Legislative Policy Committee (LPC)

The Legislative Policy Committee did not meet on Friday, May 7, 2010

• “Bar Bills” – bills that have the special interest of the CBA – support/oppose.

Monday. May 3

On 3rd Reading, the House passed 1403 - Concerning commercial notifications with regard to the secretary of state, and making an appropriation therefor, the CBA’s Legislative Policy Committee previously voted to support the bill.

On 3rd Reading, the Senate voted to adopt SB 199 - Concerning clarifying revisions to certain provisions of the Colorado Probate Code. The bill has the support of the CBA’s Legislative Policy Committee

Tuesday, May 4

On 3rd and final reading, the Senate unanimously adopted HB 1395 - Concerning interlocutory appeals in civil cases. This bill is Bar Sponsored. Next stop for this bill is Governor Ritter’s desk.

On 2nd Reading, the Senate adopted SB 193 - Concerning the safe treatment of pregnant persons in custody. The CBA’s Legislative Policy Committee previously voted to support this legislation.

On 3rd Reading the House passed SB 171- Concerning the creation of a child protection ombudsman program, and making an appropriation therefor, CBA’s Legislative Policy Committee previously voted to support the bill.

The House voted to concur with the Senate amendments to HB 1141 - Concerning a requirement for mortgage companies to be registered by the division of real estate, and making an appropriation therefor. The CBA’s Legislative Policy Committee authorized the Real Estate Section to seek an amendment to the bill that maintains the current exemption for attorneys that exists in the "Mortgage Loan Originator Licensing and Mortgage Company Registration Act." The Senate agreed with the Real Estate Section and kept the status quo for the attorney exemption.

Wednesday, May 5

The Senate voted to concur with the amendments made by the House to SB 171 - Concerning the creation of a child protection ombudsman program, and making an appropriation therefor. The CBA’s Legislative Policy Committee gave the Juvenile Law Section authority to support this legislation.

On 3rd Reading, the Senate adopted SB 193 - Concerning the safe treatment of pregnant persons in custody. The CBA’s Legislative Policy Committee previously voted to support this legislation.

Thursday, May 6

The House passed SB 54 - Concerning the provision of educational services for juveniles against whom charges have been filed in district court, and making an appropriation therefor on 2nd Reading. This bill has the support of the CBA by the Legislative Policy Committee through the Juvenile Law Section and the Civil Rights Committee.

The House voted to concur with the Senate amendments to HB 1334 - Concerning changes to indecency crimes. The CBA’s Legislative Policy Committee voted to support the bill at the suggestion of the Criminal Law Section.

The House Judiciary Committee voted to support SB 199 – Concerning clarifying revisions to certain provisions of the Colorado Probate Code. The committee amended the bill at the request of the Trusts and Estates Section to make several technical changes to the Designated Beneficiary Agreements Act that was passed in 2009. The bill has the support of the CBA’s Legislative Policy Committee.

Friday, May 7

On 3rd and final reading, the House passed SB 54 - Concerning the provision of educational services for juveniles against whom charges have been filed in district court, and making an appropriation therefor. This bill has the support of the CBA by the Legislative Policy Committee through the Juvenile Law Section and the Civil Rights Committee.

On 2nd Reading, the House defeated SB 179 - Concerning the voting rights of persons involved in the criminal justice system, and making an appropriation in connection therewith. The CBA’s Legislative Policy Committee previously voted to adopt the Civil Rights Committee’s request to support this legislation.

On 2nd Reading, the House adopted SB 199 - Concerning clarifying revisions to certain provisions of the Colorado Probate Code. As noted above, this bill was amended by the House Judiciary committee on Thursday, May 6. The bill has the support of the CBA’s Legislative Policy Committee.

On 2nd Reading, the Senate amended and adopted HB 1338 - Concerning the eligibility for probation of a person who has two or more felony convictions, and making appropriations in connection therewith. The Legislative Policy Committee has authorized CBA support for this bill.

• Late Bills of Interest (and status):

Hard to believe it - but more bills were introduced during the week of May 3. The legislature introduced seven new bills (five in the Senate and two in the House) during the week of May 3. Here are those bills:

In the House

HB 1431 - Concerning the methodology used to value renewable energy facilities for purposes of property taxation. By Rep. McKinley and Sen. Penry. The bill modifies the methodology used to value renewable energy facilities for purposes of property taxation by requiring the state property tax administrator:

  • When considering the additional incremental cost per kilowatt of the construction of the facility over that of a comparable nonrenewable energy facility as required by current law, to include the value of all property required to generate and deliver energy to the interconnection meter; and
     
  • When valuing a renewable energy facility that begins generating energy on or after January 1, 2012, to apply a definition of "tax factor" that includes the value of all property required to generate and deliver renewable energy to the interconnection meter that does not exceed the value of equipment required to deliver nonrenewable energy to the interconnection meter.

The bill was introduced May 3 and passed out of the House – amended – on May 6. On May 7, the bill was approved and sent to the Senate Consent calendar by the Local Government and Energy Committee.

HB 1432 - Concerning the documentation assembled by the staff of the legislative council during preparation of the ballot information booklet. By Rep. Carroll and Sen. Shaffer. Work product, which is generally defined as advisory or deliberative materials assembled for the benefit of elected officials to assist them in reaching a decision within the scope of their authority, is not subject to public inspection under the "Colorado Open Records Act."

The bill makes all documents prepared by or submitted to the legislative council staff in connection with the preparation of the ballot information booklet (blue book), including all written comments received from the public, work product, with the exception that all such documents and written comments become public records upon distribution of the blue book to electors in Colorado. The bill was introduced on May 3 and on May 5 the Agriculture, Livestock, & Natural Resources committee killed the bill.

In the Senate

SB 213 - Concerning committees created by the Colorado General Assembly that operate during the interim. By Sen. Shaffer and Rep. Weissmann. Executive Committee of the Legislative Council. The legislative council of the general assembly is prohibited from creating or authorizing the conduct of any interim studies during the 2010 interim. The legislative council is the committee of reference for all bills and joint resolutions that create or authorize interim studies, and any bill or joint resolution that is amended during the legislative process to include the creation or authorization of an interim study is required to be referred to the legislative council for consideration.

The activities of the following committees and task forces are suspended during the 2010 interim:

  • Economic opportunity poverty reduction task force;
  • Legislative emergency epidemic response committee;
  • Health care task force;
  • Legislative oversight committee for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems;
  • Mentally ill offender task force;
  • Early childhood and school readiness legislative commission;
  • Police officers' and firefighters' pension reform commission;
  • Water resources review committee;
  • Transportation legislation review committee.

Reporting requirements related to the activities of these committees and task forces are suspended or postponed due to the suspension of their activities during the 2010 interim. The bill was introduced on May 4. The Senate passed the bill on 3rd Reading on Friday, May 7. The bill has been assigned to the House State Veterans, & Military Affairs Committee.

SB 214 - Concerning more precise specification of the circumstances in which sales of medical products are exempt from sales tax. By Sen. Tochtrop and Rep. Gagliardi. In order to more precisely specify the circumstances in which sales of drugs, insulin, medical materials, and therapeutic medical devices, appliances, and accessories are exempt from sales tax, the bill:

  • Defines the term "licensed provider" to include any person authorized by state law to prescribe drugs; and
     
  • Specifies that an exemption from sales tax applies to all sales of:
    • Drugs dispensed in accordance with a prescription written by a licensed provider;
       
    • Insulin dispensed pursuant to the direction of a licensed provider;
       
    • Drugs or materials furnished by a licensed provider as part of professional services provided to a patient; and
       
    • Therapeutic devices, appliances, or related accessories with a retail value of over $100 sold to correct or treat a human physical disability or surgically created abnormality in accordance with a written recommendation from a licensed provider.

The bill was introduced on May 4 and assigned to the Finance Committee. On May 7, the Finance Committee voted to kill the bill.

SB 215 - Concerning the state-supervised lottery. By Sen. Romer and Rep. May. The Colorado lottery commission is directed to promulgate rules to conduct new lotteries that are anticipated to result in an increase in the amount of net lottery proceeds generated during the first 12 months of operation so at least $100 million of additional net lottery proceeds would be allocated to the general fund of the state pursuant to the state constitution. However, the commission is not required to conduct such new lotteries if, prior to the commencement of the new lotteries, any asset of the state is sold for at least $500 million and the sale proceeds are credited to the Colorado scholars cash fund.
The commission is authorized to:

  • Enter into contracts to sell future net proceeds of the lottery generated by the new lotteries and is directed to transmit the proceeds from such contracts to the state treasurer to be credited to the Colorado scholars cash fund; and
     
  • Issue financial instruments, the principal of and interest thereon to be paid from future lottery revenues generated by the new lotteries.

The Colorado scholars cash fund is created in the state treasury, which is to consist of certain moneys including most of the net lottery proceeds that would otherwise be transferred to the general fund pursuant to the state constitution. Moneys in the cash fund are to be annually appropriated to provide postsecondary education financial assistance. The state treasurer is authorized to use moneys in the cash fund to make payments pursuant to property sale contracts entered into by the commission.

Ten-percent of the net lottery proceeds that would otherwise be transferred to the general fund pursuant to the state constitution shall be credited to the public school capital construction assistance fund, but the aggregate amount annually transferred to this fund is limited to $8 million. 5% of the net lottery proceeds that would otherwise be transferred to the general fund pursuant to the state constitution shall be transferred to the Colorado state veterans trust fund, but the aggregate amount annually transferred to this fund is limited to $3 million.

The bill was introduced on May 4 and assigned to the Education Committee. On May 5, the Education Committee voted to kill the bill.

SB 216 -Concerning the order in which statewide ballot measures appear on a ballot. By Sen. Heath and Rep. Court. Currently, statewide ballot measures are required to appear in the following order on a ballot: Initiated amendments to the state constitution, referred amendments, initiated propositions to change the Colorado Revised Statutes, and referred propositions.
The bill switches the order of referred and initiated measures, while keeping the order of amendments and propositions. Accordingly, beginning with the 2010 general election, the order of statewide ballot measures will be: Referred amendments, initiated amendments, referred propositions, and initiated propositions.
The bill was introduced on May 4 and passed out of the Senate (unamended) on May 7.

SB 217 - Concerning a modification to the nursing-sensitive quality measures required to be included in the comprehensive hospital information system. By Sen. Boyd and Rep. Riesberg. Under current law, the association designated by the executive director of the department of public health and environment that is responsible for implementing the comprehensive hospital information system and the hospital report card is required to collect, review, and implement certain nursing-sensitive quality measures, including registered nurse education and certification as defined by the national database of nursing quality indicators. The bill retains the requirement that the designated association collect, review, and implement registered nurse education and certification quality measures but repeals reference to the national database of nursing quality indicators for purposes of defining those quality measures.

The bill was introduced in the Senate on May 4 and passed unamended on 3rd Reading on May 7. The bill has been assigned to the Health and Human Services Committee in the House.

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