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April 28

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In this issue:   April 28, 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.

The LPC did not meet on Friday, April 25.

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At the Capitol—Week of April 21

A scorecard of the committee and floor work follows.

In the House

Monday, April 21

Passed on 3rd reading.

  • SB 14-123. Concerning the authority of the peace officers standards and training board, and, in connection therewith, providing additional rule-making authority; raising the maximum fee for certification and skills exams; allowing awarding grants to nonprofit organizations; denying certification for municipal violations; and making an appropriation. Vote: 36 yes, 26 no, and 3 excused.
  • 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. Vote: 42 yes, 20 no, and 3 excused.
  • HB 14-1357. Concerning in-home support services provided in the Medicaid program, and, in connection therewith, making and reducing appropriations. Vote: 48 yes, 14 no, and 3 excused.
  • HB 14-1356. Concerning an increase in the Colorado oil and gas commission’s penalty authority, and, in connection therewith, making an appropriation. Vote: 40 yes, 22 no, and 3 excused.
  • HB 14-1373. Concerning individuals who may claim the property tax exemption for qualifying seniors and disabled veterans. Vote: 58 yes, 4 no, and 3 excused.
  • HB 14-1355. Concerning department of corrections reentry initiatives for successful reintegration of adult offenders into the community, and, in connection therewith, making an appropriation. Vote: 47 yes, 15 no, and 3 excused.
  • HB 14-1334. Concerning the petroleum cleanup and redevelopment fund. Vote: 50 yes, 12 no, and 3 excused.
  • HB 14-1311. Concerning the credit against the state income tax for the costs incurred in connection with the preservation of historic structures, and, in connection therewith, making and reducing appropriations. Vote: 50 yes, 12 no, and 3 excused.
  • HB 14-1368. Concerning the transition of youth ages eighteen through twenty-one who have intellectual and developmental disabilities to the adult program of services for persons with intellectual and developmental disabilities, and, in connection therewith, making and reducing appropriations. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1310. Concerning the provision of breath testing devices to law enforcement agencies. Vote: 55 yes, 7 no, and 3 excused.
  • HB 14-1361. Concerning the authority of the state licensing authority to establish equivalencies for retail marijuana products, and, in connection therewith, making an appropriation. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1358. Concerning continuation of in-home support services, and, in connection therewith, authorizing in-home support services for spinal cord injury waiver pilot program participants. Vote: 55 yes, 7 no, and 3 excused.
  • SB 14-154. Concerning funds administered by the division of fire prevention and control in the department of public safety. Vote: 62 yes, 0 no, and 3 excused.
  • SB 14-30. Concerning the fee charged to issue a special license plate to a person with a distinguished flying cross that was awarded for valor, and, in connection therewith, making an appropriation. Vote: 59 yes, 3 no, and 3 excused.
  • SB 14-51. Concerning access to records relating to the adoption of children, and, in connection therewith, making an appropriation. Vote: 62 yes, 0 no, and 3 excused.
  • 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. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1371. Concerning property taxation of oil and gas leaseholds and lands, and, in connection therewith, specifying that the wellhead is the point of valuation and taxation for such leaseholds and lands. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1353. Concerning powers of appointment. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1363. Concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1359. Concerning medication synchronization for patients who are prescribed multiple medications. Vote: 58 yes, 4 no, and 3 excused.
  • HB 14-1366. Concerning reasonable restrictions on the sale of edible retail marijuana products. Vote: 62 yes, 0 no, and 3 excused.

Tuesday, April 22

Passed 3rd Reading:

  • SB 14-92. Concerning the creation of the crime of insurance fraud, and, in connection therewith, making an appropriation. Vote: 65 yes and 0 no.
  • HB 14-1362. Concerning great-grandparent visitation with great grandchildren. Vote: 65 yes and 0 no.
  • SB 14-49. Concerning endangering public utility transmission, and, in connection therewith, making an appropriation. Vote: 64 yes and 1 no.

Thursday, April 24

Passed on 3rd reading.

  • HB 14-1383. Concerning the required number of physicians that must be provided to an injured employee for selection of a treating physician in workers’ compensation cases. Vote: 37 yes, 27 no, and 1 excused.
  • HCR 14-1002. Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning the petition signatures required for a citizen initiated constitutional amendment, and, in connection therewith, requiring a portion of the petition signatures for the amendment be gathered from voters who reside in each Colorado congressional district, increasing the total number of petition signatures required for the amendment, and excluding the repeal of an amendment passed prior to 2015 from these petition signature requirements. Vote: 47 yes and 18 no.
  • HB 14-1372. Concerning unauthorized advertising for adoption purposes. Vote: 65 yes and 0 no.

Friday, April 25

Passed 3rd Reading:

  • HB 14-1360. Concerning the continuation of the regulation of home care agencies by the department of public health and environment, and, in connection therewith, implementing the recommendations of the 2013 sunset report by the department of regulatory agencies, as modified by the legislative sunset committee, and making an appropriation. Vote: 48 yes, 16 no, and 1 excused.
  • HB 14-1380. Concerning the Colorado coroners standards and training board, and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.
  • SB 14-117. Concerning the reauthorization of the regulation of real estate appraisers by the board of real estate appraisers through a recreation and reenactment of the relevant statutes incorporating no substantive amendments other than those approved during the first regular session of the 69th general assembly. Vote: 49 yes, 15 no, and 1 excused.
  • SB 14-129. Concerning changes to criminal provisions related to marijuana and, in connection therewith, making an appropriation. Vote: 64 yes, 0 no, and 1 excused.

In the Senate

Monday, April 21

Passed on 3rd Reading:

  • HB 14-1321. Concerning the membership of the Colorado task force on drunk and impaired driving. Vote: 35 yes and 0 no.
  • HB 14-1003. Concerning the exemption from state income tax of income that is earned by a nonresident individual working temporarily in the state to assist with disaster emergency relief activities, and, in connection therewith, making and reducing appropriations. Vote: 35 yes and 0 no.
  • HB 14-1034. Concerning the creation of a wine packaging permit to allow certain alcohol beverage licensees to package wine produced by another wine manufacturer, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • HB 14-1042. Concerning access by birth parents to records relating to the relinquishment of parental rights, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • HB 14-1228. Concerning the repeal of certain requirements for defensive driving schools attended in accordance with a court order resulting from a violation of a law regulating the operation of a motor vehicle, and, in connection therewith, reducing an appropriation. Vote: 35 yes and 0 no.
  • HB 14-1339. Concerning the creation of the hazardous substance site response fund. Vote: 35 yes and 0 no.
  • SB 14-183. Concerning an increase in the maximum term of a business incentive agreement that a local government enters into with a taxpayer who pays business personal property tax. Vote: 34 yes and 0 no.
  • SB 14-181. Concerning the elimination of the use of automated vehicle identification systems for traffic law enforcement. Vote: 34 yes and 1 no.
  • HB 14-1045. Concerning the continuation of the breast and cervical cancer prevention and treatment program, and, in connection therewith, making and reducing appropriations. Vote: 29 yes and 6 no.
  • HB 14-1185. Concerning the issuance of travel insurance policies. Vote: 35 yes and 0 no.
  • HB 14-1207. Concerning the creation of the household medication take-back program, and, in connection therewith, making and reducing appropriations. Vote: 25 yes and 10 no.
  • HB 14-1006. Concerning the remittance of the marketing and promotion tax collected by lodging establishments in a local marketing district, and, in connection therewith, making and reducing appropriations. Vote: 33 yes and 2 no.

Tuesday, April 22

Passed on 3rd Reading:

  • SB 14-12. Concerning increasing the assistance payment for the program for aid to the needy disabled, and, in connection therewith, making and reducing appropriations. Vote: 22 yes and 13 no.
  • SB 14-14. Concerning the property-related expense assistance grants for low-income seniors and individuals with disabilities, and, in connection therewith, making and reducing appropriations. Vote: 21 yes and 14 no.
  • HB 14-1313. Concerning a requirement that the owner of a pet animal provide a valid rabies vaccination certificate prior to registering the animal with a county. Vote: 23 yes and 12 no.

Wednesday, April 23

Passed on 3rd Reading:

  • SB 14-186. Concerning the aggregation of efficiency projects in small communities in order to attract private sector investment through performance contracting. Vote: 23 yes and 12 no.
  • SB 14-184. Concerning oversight of the industrial hemp program. Vote: 35 yes and 0 no.
  • HB 14-1260. Concerning the creation of three mandatory minimum presumptive ranges for defendants convicted of a felony sex offense involving intrusion against a child who is under 12 years of age when the adult defendant is at least 10 years older that has one of the ranges starting at ten years as the minimum in the range, and, in connection therewith, creating an indeterminate lifetime sentence with a mandatory minimum presumptive range of 10 to 16 years for a class 4 felony; a mandatory minimum presumptive range of 18 to 32 years for a class 3 felony; and a mandatory minimum presumptive range of 24 to 48 years for a class 2 felony. Vote: 35 yes and 0 no.
  • 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: 34 yes and 1 no.
  • HB 14-1280. Concerning limits on liability for agritourism. Vote: 35 yes and 0 no.
  • 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: 31 yes and 4 no.
  • HB 14-1288. Concerning information available regarding personal belief exemptions to immunization requirements for children prior to attending school. Vote: 19 yes and 16 no.

Friday, April 25

Passed 3rd Reading:

  • HB 14-1347. Concerning statutorily established time periods that are multiples of seven days. Vote: 35 yes and 0 no.
  • HB 14-1344. Concerning the use of electronic means to document transactions related to the business of insurance. Vote: 35 yes and 0 no.
  • HB 14-1266. Concerning the penalties for certain value-based offenses, and, in connection therewith, reducing an appropriation. Vote: 35 yes and 0 no.
  • SB 14-194. Concerning the issuance of identification documents by the department of revenue, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • HB 14-1199. Concerning changes to the regulation of consumer goods service contracts, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • 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. Vote: 35 yes and 0 no.
  • HB 14-1144. Concerning measures to improve the performance of district attorneys, and, in connection therewith, making and reducing appropriations. Vote: 33 yes and 2 no.
  • SB 14-3. Concerning child care assistance for working families, and, in connection therewith, making an appropriation. Vote: 19 yes and 16 no.
  • SB 14-176. Concerning crimes related to entities that trade in stolen vehicles, and, in connection therewith, making an appropriation. Vote: 35 yes and 0 no.
  • SB 14-187. Concerning creation of the Colorado commission on affordable health care to analyze health care costs in Colorado, and, in connection therewith, making an appropriation. Vote: 23 yes and 12 no.
  • 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. Vote: 35 yes and 0 no.

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10 Bills of Interest
House Bills

HB 14-1347. Concerning statutorily established time periods that are multiples of seven days.

By Rep. Court and Sen. Newell

The bill changes time periods in certain court proceedings to 7-day periods or periods that are multiples of 7 days to avoid actions being due on weekends. Similar changes to 7-day periods or periods that are multiples of 7 days were made to the Colorado Revised Statutes in 2012, pursuant to Senate Bill 12-175. The CBA LPC has voted to support this legislation.

On April 25, the bill passed 3rd Reading in the Senate and is now on its way to Gov. John Hickenlooper’s desk for signature.

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 Rep. Hullinghorst and Sen. Heath

For property tax years beginning on or after January 1, 2014, the bill exempts real and personal property from the levy and collection of property tax if:

  • The property tax is owed by a qualified business entity; and
  • The property is used for charitable, religious, or educational purposes in accordance with existing property tax exemptions.

The bill also defines “qualified business entity” to mean a limited partnership or a limited liability company:

  • That is formed for the purpose of obtaining federal tax credits and that does obtain such credits; and
  • The general partner or managing member of which is an entity that would qualify for an existing property tax exemption for charitable, religious, or educational purposes.

The bill repeal statutory provisions that had required an entity formed to obtain the federal new markets tax credits or federal rehabilitation tax credits and that claims a property tax exemption to pay annually to the applicable county a payment in lieu of property taxes.

On April 14, the bill passed out of the House on 3rd Reading. The bill is assigned to the Finance Committee in the Senate.

HB 14-1353. Concerning powers of appointment.

By Rep. Gardner and Sen. Johnston

The bill enacts the “Uniform Powers of Appointment Act” as recommended by the national conference of commissioners on uniform state laws. It repeals existing law on powers of appointment and makes conforming amendments. The CBA LPC has voted to support this legislation.

On April 21, the bill passed out of the House on 3rd Reading. The bill is assigned to the Judiciary Committee in the Senate.

HB 14-1355. Concerning department of corrections reentry initiatives for successful reintegration of adult offenders into the community, and, in connection therewith, making an appropriation.

By Rep. Kagan and Sen. Guzman

On and after July 1, 2014, the Dept. of Corrections (department) shall develop and implement initiatives specifically designed to decrease recidivism, enhance public safety, and increase each offender’s chances of achieving success upon his or her release to the community.

Subject to appropriations, on and after July 1, 2014, the department shall:

  • Develop and implement initiatives specifically designed to assist offenders in a correctional facility to prepare for release to the community;
  • Develop and implement initiatives specifically designed to assist each offender’s transition from a correctional facility into the community; and
  • Make necessary operational enhancements and develop and implement initiatives specifically designed to ensure that the department has the proper equipment, training, and programs to properly supervise offenders in the community to enhance public safety.

On and after January 1, 2015, the department shall develop and implement a grant program to provide funding to eligible community-based organizations that provide reentry services to offenders in the community. On or before January 1, 2015, the executive director shall develop policies for the administration of the grant program.

The grant program is repealed, effective September 1, 2018. Before such repeal, the department of regulatory agencies shall conduct a sunset review of the grant program.

On and after January 1, 2016, during its annual presentation before the joint judiciary committee of the general assembly, or any successor joint committee, the department shall include a status report regarding the progress and outcomes of reentry planning and program initiatives developed and implemented by the department during the preceding year.

The bill makes an appropriation.

On April 21, the bill passed out of the House on 3rd Reading. The bill is assigned to the Judiciary Committee in the Senate.

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

By Rep. Foote and Sen. Jones

Current law specifies that a violation of the “Oil and Gas Conservation Act” is punishable by a maximum daily penalty of $1,000, subject to a penalty schedule promulgated by the oil and gas conservation commission that considers aggravating and mitigating circumstances. The maximum total penalty is capped at $10,000 for violations that do not result in significant waste of oil and gas resources, do not damage correlative rights, and do not result in a significant adverse impact on public health, safety, or welfare.

The bill:

  • Increases the maximum daily penalty to $15,000;
  • Directs the commission to:
    1. Adopt rules that specify a process for determining the dates on which a violation begins and ends; and
    2. Publish a quarterly report on its web site that specifies certain information about each penalty assessed in the previous quarter and discuss these reports at the department of natural resources’ SMART Act hearings; and
    3. Repeals the cap on the maximum total penalty.

The commission must hold a hearing if an operator is responsible for gross negligence or knowing and willful misconduct that results in an egregious violation or a pattern of violations. The commission may issue an order that prohibits the issuance of any new permits to the operator, suspends any or all of the operator’s certificates of clearance, or both. The commission may vacate the order after the operator has come back into compliance and paid all penalties.

The bill appropriates $80,425 from the oil and gas conservation and environmental response fund and .9 FTE to the commission to implement the act.

The bill cleared the House on April 21. In the Senate—the bill has been approved by the Local Government and Appropriations Committees. The bill is scheduled for 2nd Reading on the Senate floor.

Senate Bills

SB 14-201. Concerning reestablishing a child protection ombudsman advisory work group to develop a plan for accountable autonomy for the child protection ombudsman program.

By Sen. Newell and Rep. Singer

The bill creates a new advisory work group related to the office of the child protection ombudsman (office). The duties of the advisory work group include reconciling the implementation of recommendations from the 2010 advisory work group with the current operations and function of the office and making additional recommendations for autonomy and accountability as appropriate. Appointments to the advisory work group must be made no later than 60 days after May 14, 2014, and the advisory work group must convene on or before August 1, 2014. The advisory work group shall provide a report to the health and human services committee of the senate and the public health care and human services committee of the house of representatives, or any successor committees, the governor, and the executive director on or before December 1, 2014.

The advisory work group is repealed, effective July 1, 2016.

On April 24, the Health & Human Services Committee amended the bill and sent it to Legislative Council; on April 25, Legislative Council Committee amended the bill and sent it to the full Senate for consideration on 2nd Reading.

SB 14-203. Concerning the office of the respondent parents' counsel in cases of alleged child abuse or neglect.

By Sen. Lambert and Rep. May

The bill establishes the office of the respondent parents’ counsel in the state judicial department, effective July 1, 2015, to provide high-quality legal representation to parents involved in dependency and neglect proceedings and who lack the financial means to obtain legal representation.

On April 23 the Judiciary Committee amended the bill and sent it to the Appropriations Committee. On April 25, the Appropriations Committee approved the bill and sent it to the full Senate for consideration on 2nd Reading.

SB 14-206. Concerning criminal record sealing provisions, and, in connection therewith, relocating the record sealing provisions in a new part, clarifying when an arrest record can be sealed, and making other clarifying changes.

By Sen. Steadman and Rep. Singer

The bill moves the sealing of criminal records statutes into a new part and reorganizes the statutes. The bill allows a person to seal an arrest record if they are not charged with a crime, and the statute of limitations has not run, but the person is no longer being investigated by law enforcement.

On April 23 the Judiciary Committee amended the bill and sent it to the full Senate for consideration on 2nd Reading. On April 25, the bill passed 2nd Reading with amendments.

SB 14-207. Concerning contributions to pooled trusts by individuals who are 65 years of age or older.

By Sen. Todd and Rep. Young

The transfer of assets by an individual who is 65 years of age or older to a pooled trust does not constitute a transfer without fair consideration. The department of health care policy and financing (department) shall not delay an individual's eligibility for medical assistance or otherwise penalize an individual for entering into a joinder agreement, transfer agreement, or other agreement to transfer assets to a pooled trust so long as an actuarially sound spending plan is submitted with the agreement to the department or to a county department of social services that is responsible for acceptance of Medicaid applications.

The bill is assigned to the Finance Committee.

SB 14-209. Concerning the requirements for permissible investments by insurers in loans secured by interests in real estate.

By Sen. Heath, Sen. Scheffel, and Rep. Tyler

Current law limits the investments insurers may make in mortgage loans and similar instruments to those secured by property located in the United States and having a loan-to-value ratio of 80% in most cases. The national association of insurance commissioners (NAIC) recommends limitations that differ in certain respects from these requirements. The bill adopts the NAIC’s recommendations by:

  • Authorizing investment in loans secured by property in either the United States or Canada;
  • Increasing the allowable loan-to-value ratio to 90% for purchase-money mortgages if the insurer holds the note, 80% for commercial property if the payment schedule meets specified requirements, up to 97% for mortgages on residential property if mortgage insurance applies, and 75% in all other cases; and
  • Repealing portions of current law that conflict with these provisions.

The bill is assigned to the Business, Labor, & Technology Committee.