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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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Session Starts:
On schedule, the Second Regular Session of the 66th General Assembly kicked off on Wednesday, January 9 and to no-one’s surprise, the opening speeches were filled with promises of bi-partisan cooperation. Per our constitution, the legislature has 120 days to finish all their work. In other words, whether they are ready or not, they will be finished at midnight on the second Wednesday in May, or May 7 to be more specific. If recent history repeats itself, they will finish a few days earlier.
Colorado’s version of change.
Since the Colorado legislature last met, there have been a few changes in the composition of the legislative bodies. While some legislators leaving and arriving during the interim is fairly typical, this year brought a rather unusual shift in the House with regard to political affiliation. In 2008, the House will have one additional seat on the Democratic side of the aisle; Rep. Debbie Stafford switched parties and joined the ranks of the Democrats. This shift moved the Democratic majority to 40 – 25. Other changes in the house include: Rep. Mike Cerbo’s move to the private sector and the naming of his replacement, Rep. Mark Ferrandino; Rep. Dan Gibbs departure from the House to fill the seat that had been occupied by Sen. Joan Fitz-Gerald (more on this later), creating a vacancy in the House which was filled by Rep. Christine Scanlan; Rep. Bill Cadman created a House vacancy, to be filled by Doug Bruce, when he moved to the Senate to take Sen. Ron May’s seat left vacant by his departure to the private sector.
In the Senate, the Democratic majority of 20 – 15 stayed the same, but the shift at the top was the big news item. As referenced above, Sen. Joan Fitz-Gerald resigned her state Senate seat to devote her full attention to her campaign for the open 2nd Congressional District seat caused by US Rep. Mark Udall’s run for the US Senate. That created the following domino effect: Sen. Fitz-Gerald’s departure created a void at Senate President and Peter Groff made the move from Senate President Pro Tem to Senate President and consequently into the history books as the first African American Senate President in Colorado’s history. Dan Gibbs was chosen to fill the Sen. Fitz-Gerald’s seat. To complete the domino effect – or is it musical chairs, I get them confused – Sen. Abel Tapia left his position on the Joint Budget Committee (JBC) to take the place of Sen. Groff as Senate President Pro Tem. Cue music, Senator John Morse leaves his positions on the Judiciary, Health and Human Services, and Finance committees to step in for Sen. Tapia on the JBC. And, Sen. Gibbs is in for Sen. Morse on Judiciary. Stop music, find a chair and hold on because those weren’t the only changes. To figure out exactly which legislators are on which committees, simply click on the Legislative Directory (Pink Book) link on the legislative website www.leg.state.co.us; the link is about half-way down the page.
State of the State Address.
Last Thursday, when giving his second State of the State address, Governor Ritter stressed education in his annual speech to the legislature. He would like to make a substantial change in the public education curricula so that benchmarks are better aligned with college entrance requirements. Part of this revamping of public education will change the focus from completing a certain number of hours or courses to meeting a level of competence to graduate.
Other topics to receive special mention are pretty much what we have heard in the drumbeat over the last several weeks: health care reform and better funding for transportation and higher education. And, as expected, he continued his promotion of a renewable energy agenda.
10 BILLS (from each house) OF INTEREST:
In the House
HB 1009 - Concerning emergency medical care coverage in connection with an automobile insurance policy issued in Colorado. By Rep. Massey and Sen. Morse. Health Care Task Force. Requires an automobile insurance policy issued, delivered, or renewed on or after January 1, 2009, to contain emergency medical care coverage of at least $15,000 to cover the costs of all medically necessary and accident-related emergency medical care services provided to a person injured in a motor vehicle accident. Establishes a presumption that the minimum amount of emergency medical care coverage required by law is included in an automobile insurance policy if the insurer fails to include any emergency medical care coverage in the policy. Preserves the right of the insurer to offer, and the insured to purchase, emergency medical care coverage in excess of the minimum coverage required by law.
Specifies the providers to whom the emergency medical care coverage benefits are to be paid for providing emergency medical care services to an injured person. Specifies the reimbursement rate for providers based on a percentage of the 2006 Medicare resource-based relative value scale (RBRVS) fee schedule. Requires an insurer to honor a proper assignment of emergency medical care benefits by the insured to a health care provider and to promptly pay emergency medical care claims.
Makes conforming amendments.
HB 1010 - Concerning the fines imposed for violations involving motor vehicles. By Rep. McFadyen and Sen. Takis. Transportation Legislation Review Committee. Raises the minimum fine for a class 2 traffic misdemeanor from $10 to $150. Increases the minimum fine for a class 1 traffic misdemeanor from $100 to $300. Raises the fines for numerous motor vehicle traffic infractions. (See bill).
Reduces, from 100% to 50%, the portion of seat belt violation fines that are kept by a local jurisdiction for violations occurring on state and federal highways if a peace officer employed by the local jurisdiction writes the citation. Credits the remaining amount of the fine revenue to the highway users tax fund.
Doubles the minimum fine for DUI, DWAI, UDD, and habitual user driving. Changes the percentage of the fine for such offenses that is transmitted to the highway users tax fund from 50% to 75% if the violation occurred on a state or federal highway. Doubles the minimum fines for vehicular eluding.
HB 1011 - Concerning the statute of limitations applicable to civil actions arising from the commission of sexual assaults against children. By Rep. Green. Creates an unlimited statute of limitations for civil actions based on damages arising from a sexual assault on a child. Makes the unlimited statute of limitations apply to civil actions against the perpetrator or a third party. In an action against a third party, requires the plaintiff to prove that the third party had control over the perpetrator, knew that the perpetrator had previously committed unlawful sexual conduct, and failed to take steps to prevent additional incidents of unlawful sexual conduct.
Creates a 2-year period during which a person may file a cause of action for damages arising from a sexual assault on a child even though the preexisting statute of limitations applicable to the action has run.
Repeals language that limits the damages a person may recover if the person brings suit 15 or more years after reaching 18 years of age. Allows a person to bring suit against an entity or third party even though the perpetrator of the sexual offense against a child is deceased or incapacitated.
HB 1014 - Concerning a requirement to transfer a well permit upon conveyance of residential real property. By Rep. Looper and Sen. Gordon. Beginning in 2009, prior to or at closing, requires a buyer of residential real estate that includes a small capacity well or domestic exempt water well to complete a form notifying the division of water resources in the department of natural resources (division) of the change in ownership of the well; except that, if the well is an existing well that had not previously been registered with the division, requires the buyer to complete a registration of existing well form. Directs the real estate commission to promulgate a rule to require the appropriate contracts to include the appropriate form. Requires a person who provides closing services for the transaction, or, if there is no such person, the buyer, to submit the appropriate form to the division within 60 days after closing with as much information as is available. Makes the division responsible for obtaining the necessary information from the buyer.
HB 1018 - Concerning allowing nonadjacent judicial districts to establish a volunteer court-appointed special advocate program. By Rep. Primavera. Allows nonadjacent judicial districts to establish a volunteer court-appointed special advocate program.
HB 1020 - Concerning recovery of costs in a case in which the plaintiff receives a judgment that is less than a rejected settlement offer. By Rep. Madden and Sen. Veiga. Clarifies that, if a plaintiff rejects a defendant's settlement offer and subsequently recovers a final judgement that is less than the settlement offer, the plaintiff shall recover actual costs that accrued prior to the time the defendant made the settlement offer.
HB 1022 - Concerning requirements for a mandatory consecutive sentence for escape convictions. By Rep. T. Carroll. For an escape from a level III, IV, or V correctional facility, mandates that the sentence to incarceration shall run consecutively from any other sentence.
HB 1026 - Concerning the Colorado Water Resources Research Institute, and, in connection therewith, changing the name of the institute to the Colorado Water Institute, expanding the duties of the institute, and authorizing the institute as a contracting entity for water research. By Rep. Fischer. Changes the name of the Colorado Water Resources Research Institute to the Colorado Water Institute (Institute). Expands the purposes and duties of the institute. Authorizes state funds made available for water research to pass through the fiscal control of the institute. Authorizes the institute to assess an administrative fee not to exceed 20% of the total cost of the project being administered by the institute.
Designates the executive directors of the departments of natural resources and public health and environment as members of the advisory committee on water research policy. Repeals the limitation of the use of the general fund for the institute.
HB 1028 - Concerning the voluntary contribution designation benefiting the Alzheimer's association fund that appears on the state individual income tax return forms, and, in connection therewith, extending the period for the contribution designation. By Rep. V. Mitchell and Sen. Sandoval. Extends the period that state income tax return forms shall include a line whereby individual taxpayers may make a voluntary contribution to the Alzheimer's Association fund.
HB 1031 - Concerning the creation of the position of navigator to assist persons who are on the waiting list for persons with developmental disabilities. By Rep. Pommer and Sen. Keller. Interim Committee on Long-term Health Care Services and Supports for Persons with Developmental Disabilities. Creates the position of navigator ("navigator") for the waiting list for persons with developmental disabilities to assist persons with developmental disabilities and their families who are on the waiting list for services and supports. Allows community centered boards to employ a navigator. Outlines the duties of a navigator. Requires the department of human services to promulgate rules concerning the navigator.
In the Senate
SB 2 - Concerning reimbursement for services provided in the family home of a person with developmental disabilities. By Sen. Boyd and Rep. Garcia. Interim Committee on Long-term Health Care Services and Supports for Persons with Developmental Disabilities. Expands the definition of "least restrictive environment" to include the family home, if appropriate, and adds a definition for "family caregiver". Allows the department of human services to directly reimburse a qualified family caregiver for services or supports provided to the family caregiver's child with developmental disabilities. Clarifies that family support services can be delivered to a child or an adult family member.
SB 19 - Concerning a prohibition against the shifting of financial responsibility for negligence in motor carrier transportation agreements. By Sen. Tapia and Rep, McFadyen. Specifies that a provision in a motor carrier transportation agreement that holds a person or the person's surety or insurer responsible for the negligence of another party is void as against public policy and unenforceable.
Specifies that a motor carrier transportation agreement can hold a negligent party responsible for indemnifying other parties but only to the extent of the indemnifying party's negligence. Prevents a party to a motor carrier transportation agreement from transferring financial responsibility for its own negligence to another party. Clarifies that the following are not affected: the doctrine of respondeat superior liability; liability for the negligence of an at-fault party; and workers' compensation laws or immunities.
SB 22 - Concerning overexpenditures in the children's basic health plan. By Sen. Sandoval and Rep. Ferrandino. Upon approval of the governor, authorizes expenditures of the department of health care policy and financing ("department") for the children's basic health plan to exceed the amount appropriated if there are sufficient moneys available in reversions from the department, the health care expansion fund, or the children's basic health plan trust.
SB 31 - Concerning criminal offenses involving motor vehicles. By Sen. Shaffer and Rep. Fischer. Provides that a law enforcement officer has probable cause to require a person to undergo a test to determine if the person has drugs or alcohol in his or her system if, while driving, the person causes the death of or serious bodily injury to another person and the person was previously convicted of an alcohol- or drug-related offense.
SB 32 - Concerning the authority of a sworn bonding commissioner to apply to the court for a hearing on the issue of a breach of a condition of the bond. By Sen. Harvey. Permits a sworn bonding commissioner to apply to the court for a hearing on a breach or threatened breach of the conditions of a bond. Requires a sworn bonding commissioner filing an application to notify the district attorney within 24 hours after filing the application.
SB 33 - Concerning private trust companies. By Sen. Shaffer and Rep. Witwer. Creates provisions for the administration of private trust companies. Prohibits private trust companies from transacting business with the general public. Allows a private trust company to apply to the banking board for a whole or partial exemption from one or more provisions governing trust companies, and allows the banking board to grant and revoke such exemptions. Sets forth procedures by which a private trust company may terminate its status as a private trust company, become a public trust company, and begin to transact business with the general public. Requires the banking board to promulgate rules for the administration of private trust companies. Allows a private trust company to make loans and extend credit to its officers, directors, and employees.
SB 36 - Concerning the water supply reserve account of the severance tax trust fund. By Sen. Isgar and Rep. Curry. Allows the Colorado water conservation board to allocate moneys by grant or loan from the water supply reserve account of the severance tax trust fund to applicants who are subject to the requirement to adopt a water conservation plan, only if the applicant has adopted such a plan. Specifies that repayments of principal and interest on loans from the account are credited to the account. Repeals the future reversion of moneys in the account to the fund.
SB 41 - Concerning the ownership of minerals beneath land acquired by governmental entities, and, in connection therewith, clarifying that a governmental entity may acquire interests in such minerals only to the extent required for subsurface support. By Sen. Cadman. Clarifies that the transportation commission, any other governmental entity acquiring land for road or highway purposes, or any other person or entity acquiring an easement or right-of-way may only acquire interests in oil, natural gas, or other mineral resources beneath the land acquired to the extent required for subsurface support. Makes conforming amendments.
SB 42 - Concerning an adjustment in the salary paid to the appointed public trustees in specified counties. By Sen. Bacon and Rep. Hodge. Adjusts the yearly salary of public trustees in counties of the 2nd class who are serving in office on or after the effective date of the act from $48,500 to $75,000.
SB 47 - Concerning funding for court-appointed special advocate programs. By Sen. Morse. Increases the fee for a marriage license for the purpose of funding the court-appointed special advocate ("CASA") fund ("fund"), and directs the county clerk and recorder offices to collect the fee and forward it to the state treasury for deposit in the fund.
Provides that the office of the child's representative shall distribute moneys appropriated from the fund to the state CASA office for further distribution to the local CASA programs.
Requires the state CASA office to establish accountability and performance standards, based on state law and the standards of a national organization of CASA programs, that the state CASA office and local CASA programs must follow. Requires the state CASA office to determine the formula for distribution of the fund moneys to local CASA programs.
Requires the state CASA office to report annually to the general assembly and the office of the child's representative concerning the use of the moneys from the fund for the provision of CASA services statewide.
Directs the office of the state auditor to conduct a financial audit of the moneys disbursed from the fund on a regular basis, but not more frequently than once every two years.
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