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April 14

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In this issue:   April 14, 2014
eLegislative Report from Michael Valdez

Welcome to the 2014 edition of the CBA e-legislative report. This CBA member benefit will be delivered to your Inbox on Monday afternoons and will recap legislation from the current legislative session and the role the CBA plays at the State Capitol.

In addition to updates on the positions taken by the CBA through our Legislative Policy Committee the e-leg report will highlight legislation that is of interest to the practicing bar.

We welcome your feedback. We welcome your questions. Or just drop me a line on how we are doing or raise an issue on a piece of legislation. Contact me at mavaldez@cobar.org.

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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.

Friday, April 11
At the request of the Juvenile Law Section, the LPC voted to oppose HB 14-1362. Concerning great grandparent visitation with great-grandchildren. The bill is sponsored by Rep. Dominick Moreno.

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At the Capitol—Week of April 7

A scorecard of the committee and floor work follows.

In the House

Monday, April 7

Passed on 3rd reading.

  • HB 14-1013. Concerning the creation of the advanced industries workforce development program, and, in connection therewith, making and reducing appropriations. Vote: 37 yes, 27 no, and 1 excused.
  • 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. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1072. Concerning an income tax credit for child care expenses paid by a resident individual with a federal adjusted gross income of $25,000 or less, and, in connection therewith, making and reducing appropriations. Vote: 39 yes, 25 no, and 1 excused.
  • HB 14-1199. Concerning changes to the regulation of consumer goods service contracts, and, in connection therewith, making and reducing appropriations. Vote: 61 yes, 3 no, and 1 excused.
  • HB 14-1203. Concerning funding to maintain the infrastructure for the digital trunked radio system, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1173. Concerning continuation of the controlled substances abuse act, and, in connection therewith, the treatment of controlled substances abuse and making an appropriation. Vote: 61 yes, 3 no, and 1 excused.
  • HB 14-1283. Concerning modifications to the electronic prescription drug monitoring program, and, in connection therewith, making an appropriation. Vote: 42 yes, 22 no, and 1 excused.
  • HB 14-1009. Concerning changing the wildfire mitigation income tax deduction to the wildfire mitigation income tax credit, and in connection therewith, making and reducing appropriations. Vote: 52 yes, 12 no, and 1 excused.
  • HB 14-1029. Concerning a recodification of the laws governing reserved parking for persons with disabilities, and in connection therewith, making and reducing appropriations. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1278. Concerning continuation of the workers’ compensation accreditation program administered by the division of workers’ compensation, and, in connection therewith, implementing the recommendations of the 2013 sunset report by the department of regulatory agencies. Vote: 51 yes, 13 no, and 12 excused.
  • HB 14-1316. Concerning methods to determine whether disparities involving certain historically underutilized businesses exist within the state procurement process, and, in connection therewith, commissioning a study to make such determination, requiring the department of personnel to track contracts awarded to historically underutilized businesses, and making and reducing appropriations. Vote: 37 yes, 27 no, and 1 excused.
  • SB 14-27. Concerning criminal history background checks for professionals who have the authority to appear in court, and, in connection therewith, making an appropriation. Vote: 52 yes, 12 no, and 1 excused.
  • HB 14-1095. Concerning the Colorado bureau of investigation’s authority to investigate computer crime, and, in connection therewith, making an appropriation. Vote: 61 yes, 3 no, and 1 excused.
  • HB 14-1266. Concerning the penalties for certain value-based offenses, and, in connection therewith, reducing an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1011. Concerning the funding of advanced industry economic development programs. Vote: 39 yes, 25 no, and 1 excused.
  • HB 14-1014. Concerning modifications to the job growth incentive tax credit, and, in connection therewith, reducing an appropriation. Vote 51 yes, 13 no, and 1 excused.

Tuesday, April 8

Passed 3rd Reading:

  • HB 14-1273. Concerning human trafficking, and, in connection therewith, making and reducing appropriations. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1321. Concerning the membership of the Colorado task force on drunk and impaired driving. Vote: 64 yes, 0 no, and 1 excused.

Wednesday, April 9

Passed on 3rd reading.

  • HB 14-1330. Concerning an update of telecommunications terminology for intrastate telecommunications services. Vote: 63 yes, 0 no, and 2 excused.
  • HB 14-1327. Concerning measures to expand the deployment of communication networks, and, in connection therewith, enacting the “Broadband Deployment Act.” Vote: 57 yes, 7 no, and 1 excused.
  • HB 14-1328. Concerning the deployment of broadband into unserved areas of Colorado through grant-making from moneys allocated from the Colorado high cost support mechanism, and, in connection therewith, making an appropriation. Vote: 47 yes, 17 no, and 1 excused.
  • HB 14-1127. Concerning disclosure of information for asset recovery, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1338. Concerning planning for the effective use of Colorado’s regional centers for persons with intellectual disabilities, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • HB 14-1211. Concerning ensuring access to quality complex rehabilitation technology in the medicaid program, and, in connection therewith, making and reducing appropriations. Vote: 49 yes, 15 no, and 1 excused.

Thursday, April 10

Passed 3rd Reading:

  • 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. Vote: 50 yes and 15 no.
  • HB 14-1159. Concerning a state sales and use tax exemption for components used in biogas production systems. Vote: 54 yes and 11 no.

Friday, April 11

No bills were heard on 3rd Reading.

In the Senate

Monday, March 7

No bills were heard on 3rd Reading.

Tuesday, April 8

Passed on 3rd Reading:

  • HB 14-1057. Concerning the Colorado fraud investigators unit. Vote: 30 yes and 5 no.
  • HB 14-1176. Concerning the state audit cycle of the emissions program for motor vehicles. Vote: 20 yes and 15 no.

Wednesday, April 9

Passed on 3rd Reading:

  • HB 14-1299. Concerning the repeal of the six-year limitation on applying a salvage brand to a motor vehicle whose cost of being repaired exceeds the value of the vehicle without the recent damage. Vote: 22 yes, 12 no, and 1 excused.

Thursday, April 10

No bills were heard on 3rd Reading.

Friday, April 11

No bills were heard on 3rd Reading.

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10 Bills of Interest
House Bills

HB 14-1295. Concerning residential mortgage foreclosures, and, in connection therewith, requiring a single point of contact and prohibiting dual tracking.

By Rep. McCann and Sen. Ulibarri

As amended, the bill requires a lender to establish a single point of contact for a borrower to communicate with the lender concerning foreclosure matters within 45 days after the borrower becomes delinquent in payments. The bill also prohibits “dual tracking,” in which a lender simultaneously negotiates with the borrower for a loan modification and pursues foreclosure through the public trustee. The CBA Real Estate Section participated in a collaborative process with the sponsors and other stakeholders to amend the bill into a consensus final form.

The bill passed out of the House on March 25. On April 10, the bill passed on 2nd Reading in the Senate.

HB 14-1296. Concerning the enforcement of prohibitions against designer drugs by the division of liquor enforcement within the department of revenue.

By Rep Landgraf and Sen. Aguilar

The division of liquor enforcement within the department of revenue is empowered to enforce criminal provisions prohibiting the use, possession, distribution, manufacturing, dispensing, sale, or cultivation of designer drugs.

The bill has been approved by the Judiciary and Appropriations Committees and on April 11, the bill passed 2nd Reading in the House.

HB 14-1302. Concerning the addition of a judgment against a debtor or transferee who acts with actual intent as an available remedy for a creditor in a fraudulent transfer action.

By Rep. Buckner and Sen. Johnston

The bill allows a creditor to seek a judgment in a fraudulent transfer action for 1.5 times the value of the asset transferred or for 1.5 times the amount necessary to satisfy the creditor’s claim, whichever is less, together with the creditor’s actual costs, against any debtor or transferee who acts with actual intent to hinder, delay, or defraud a creditor, either alone or in conspiracy with another. The bill also specifies that a judgment may not be entered against a person other than the debtor unless that person also acts with wrongful intent and that a judgment may not be entered unless a court of competent jurisdiction enters or has entered a judgment or order establishing the validity of the creditor’s claim against the debtor.

HB 14-1303. Concerning the receipt of public testimony from remote locations around the state by legislative committees.

By Rep. Scott

The bill vests the executive committee of the legislative council with the power and duty to consider, recommend, and establish policies regarding legislative committees taking public testimony from remote locations around the state.

The bill has been approved by the State, Veterans, & Military Affairs and Appropriations Committees; the bill is now before the full House for consideration on 2nd Reading.

HB 14-1312. Concerning efforts to reduce the number of foreclosures in Colorado, and, in connection therewith, continuing the foreclosure deferment program.

By Rep. Williams and Sen. Ulibarri

The bill continues the existing foreclosure deferment program, which is scheduled to expire in 2014, until 2015.

The bill passed out of the House on March 15. The bill has moved through the Senate having passed the Judiciary Committee on April 7 and the full Senate on 2nd Reading on April 10.

Senate Bills

SB 14-177. Concerning the definition of a drug-endangered child for purposes of cases of child abuse or neglect in the children's code.

By Sen. Kerr and Rep. Young

The bill establishes a definition for a “drug-endangered child” for purposes of cases of child abuse or neglect in the children’s code.

On April 9, the Senate Judiciary Committee took testimony and delayed action on the bill for a later date.

SB 14-178. Concerning the definition of a drug-endangered child for purposes of cases of child abuse or neglect in the criminal code.

By Sen. Kerr and Rep. Young

The bill establishes a definition, as formulated by the state substance abuse trend and response task force, for a ”drug-endangered child” for purposes of cases of child abuse or neglect in the criminal code. The bill creates the crime of child abuse for a person who is responsible for creating a situation or unreasonably permitting a child to be placed in a situation in which a child is drug-endangered and establishes penalties.

On April 9, the Senate Judiciary Committee took testimony and delayed action on the bill for a later date.

SB 14-179. Concerning the creation of a flood debris cleanup grant account to facilitate watershed cleanup efforts in areas affected by the September 2013 flood, and, in connection therewith, making an appropriation.

By Sen. Nicholson and Rep. Foote

In response to the September 2013 flood, as introduced, the bill creates a flood debris cleanup grant account in the flood and drought response fund for the purpose of allowing the Colorado water conservation board to make grants to help pay the costs of watershed cleanup in areas affected by the flood. The bill makes a statutory appropriation of $5,000,000 to the board for implementation of the grant program. The appropriation and the special account are both subject to automatic repeal on July 1, 2015.

On April 8, Local Government Committee amended the bill and sent it to the Appropriations Committee; on Friday, April 11, the Appropriations Committee amended the bill and sent it to the Senate 2nd Reading Consent calendar.

SB 14-181. Concerning the elimination of the use of automated vehicle identification systems for traffic law enforcement.

By Sen. Renfroe and Rep. Ferrandino

The bill repeals the authorization for the state, a county, a city and county, or a municipality to use automated vehicle identification systems to identify violators of traffic regulations and issue citations based on photographic evidence, and creates a prohibition on such activity.

The bill repeals the authorization for the department of safety to use an automated vehicle identification system to detect speeding violations within a highway maintenance, repair, or construction zone.

The bill is assigned to the State, Veterans, & Military Affairs Committee; the bill is scheduled for committee review on Monday, April 14 at 1:30 p.m.

SB 14-182. Concerning procedures governing discussions by boards of education of school districts while meeting in executive session.

By Sen. Hodge and Rep. Peniston

Under current law, the minutes of a meeting of a local public body during which an executive session is held are required to reflect the topic of the discussion at the executive session. In the case of a meeting of a local board of education (board) during which an executive session is held, the bill additionally requires the minutes to reflect the amount of time each topic was discussed while the board was meeting in executive session. The bill requires the minutes along with the amount of time each topic was discussed to be posted on the web site of the board not later than 10 business days following the meeting at which the minutes are approved by the board. If the board of education does not maintain a web site, the minutes must be published in the same manner as the board regularly provides public notice. The bill requires the board to comply with all other requirements pertaining to the holding of a meeting in executive session.

The bill further requires the record of an executive session of a board that is electronically recorded, including the actual electronic recording, to be retained for at least 24 months after the date of the executive session.

The bill is assigned to the Education Committee; the bill is scheduled for committee review on Wednesday, April 16 “Upon Adjournment.”