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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/
The LPC did not meet on Friday, March 21.
At the Capitol – Week of May 10:
The bill to clarify those court orders made while a reservist or person serving in the National Guard are interim in nature advanced to the consent calendar in the Senate. The CBA supports HB 1176 - Concerning the modification of the allocation of parental responsibilities of certain deployed service members through the efforts of the Family Law Section. A party may seek a modification while a person is deployed out of state but upon return from active duty and notification to the court the original court order is reinstated.
On Monday, legislation designed to clarify victim notification in criminal cases where a court has been asked to modify the terms and conditions of bonds advanced to the Senate floor for consideration after endorsement by the Judiciary Committee. HB 1263 - Concerning modifications to victim notification requirements was placed on the consent calendar for second reading. On Thursday, the bill was part of a list of bills which gained approval on the consent calendar and the bill now awaits action on 3rd reading on Monday or Tuesday.
SB 200 - Concerning the expansion of prohibitions against discrimination advanced to the Senate floor following a vote along party lines in the Business Labor & Technology Committee. The CBA’s LPC voted to support the bill based on a recommendation from the Civil Rights Committee. The bill clarifies membership to the Civil Rights Commission and brings several substantive areas of law into compliance with legislation that was passed in the 2007 legislative session regarding non discrimination based sexual orientation in the workplace.
SB 54 - Concerning Judicial Performance Evaluations was approved on 2nd reading in the Senate on Thursday. The Senate formally adopted the amendments added to the bill by the Judiciary and the Appropriations Committees. The bill will be up for a 3rd reading vote most likely on Monday, March 24 and then move to the House for consideration. The bill has the support of the CBA’s LPC.
Adding spice to the week’s agenda, evidence preservation (or lack thereof) took center stage last week. In the House, HB 1351 - Concerning preservation of DNA evidence in criminal cases involving newly committed criminal offenses and in the Senate, SB 205 - Concerning judicial remedies when a law enforcement agency fails to preserve evidence that is subject to a judicial order were both before their respective Judiciary Committees on the same day at roughly the same time.
HB 1351creates a statutoryrequirement to preserve DNA evidence collected during the investigation of a crime. It also directs how long the evidence must be preserved based on the nature of the offense and creates a process where the period that the evidence must be preserved may be shortened or lengthened. HB 1351 was pulled from the table for amendments and will be brought back at a later date.
As introduced, SB 205 required the court to grant a new trial when material evidence subject to a preservation order or an order for release and testing is lost or destroyed. At the sponsor’s request, the Senate Judiciary Committee amended the bill to require a court to order a new trial where a law enforcement agency intentionally, negligently, or otherwise disposes biological evidence that is capable of being tested for DNA and is the subject of a court order for testing or release and testing before the evidence is tested. SB 205 passed out of committee on a party line vote and is now before the Senate on 2nd Reading.
The CBA has not taken a position on either bill.
Late Bills (and status):
In the House
HB 1365 - Concerning the foreclosure of assessment liens against time share estates. By Rep. McFadyen. Allows a unit owners' association foreclosing an assessment lien against a time share estate to join in the foreclosure action multiple defendant obligors, junior lienors, or separate time share estates if:
· The foreclosure action involves a single common interest community;
· The foreclosure action is commenced by a single plaintiff;
· The default and remedy provisions in the project instruments on which the foreclosure action is based are substantially the same for each defendant; and
· The claim against each defendant is a foreclosure of a lien for assessments.
In a foreclosure action involving time share estates in which multiple defendants have been joined:
· Requires a court to sever for separate trial any claim of the complaint in which a defense or counterclaim is timely raised by a defendant.
· Allows the plaintiff to name all defendants joined in the action in a single published notice when notice is required.
· Specifies that the action is a single proceeding for purposes of filing fees and service charges.
Assigned to the Local Government Committee; the bill is on the committee’s calendar on March 27 upon adjournment.
HB 1367 - Concerning measures to address unsafe conditions arising as a result of the abandonment of real property. By Rep. Frangas and Sen. Mitchell. Increases the penalties for vandalism of, and trespassing on, unoccupied residential property, making vandalism and second-degree trespassing class 1 misdemeanors and third-degree trespassing a class 2 misdemeanor.
Requires electric, gas, and water utilities to disclose customer address information to local authorities when it appears from utility usage records that a residence has been unoccupied for 60 consecutive days. Grants limited immunity to the utility and its agents for making such disclosures.
Allows local authorities and mortgagees to take action to close or block off windows and doors and abate nuisances on unoccupied residential property, including removing weeds, brush, and trash from such properties. Allows mortgagees to be cited for failing to abate nuisances after receiving at least 30 days' notice of their potential liability. Includes the cost of such nuisance abatement efforts in the amounts that may be recovered in a foreclosure action. Assigned to the Local Government Committee; the bill is on the committee’s calendar on March 27 upon adjournment.
HB 1368 - Concerning the taxation of property used to produce alternating current electricity from a renewable energy source. By Rep. Buescher and Sen. Brophy. Clarifies and changes the placement of the sales tax exemption for components used to produce alternating current electricity from a renewable energy source.
Specifies that all real and personal property used to produce a specified amount or less of alternating current electricity from a renewable energy source will be valued by the assessor in the county where the property is located in accordance with valuation procedures developed by the property tax administrator. Exempts wind energy facilities from such valuation.
Establishes that the property tax administrator shall utilize the procedures adopted for determining the actual value of a renewable energy facility when developing the valuation procedures. Assigned to the Finance Committee.
HB 1369 - Concerning the establishment of an incentive for the donation of water rights to the Colorado water conservation board for use as instream flow rights. By Rep. Pommer and Sen. Gibbs. For income tax years commencing on or after January 1, 2008, establishes an instream flow incentive tax credit. Specifies that the Colorado water conservation board will allocate the credits by issuing credit certificates to owners of water rights who donate those water rights to the board for use as instream flow rights. Specifies the maximum value of the credit and establishes that the value of the water rights must be determined by qualified appraisal. Limits the aggregate sum of credits allocated on an annual basis to a specified amount.
Allows the credit to be carried forward to other income tax years for a maximum of 6 years. Establishes the transferability of the credit. Specifies that the credit will not be allowed in a particular income tax year if the revenue estimate prepared by the staff of the legislative council indicates that the amount of the total general fund revenues will not be sufficient to maintain the limit on appropriations specified in statute. Grants the department of revenue rule-making authority. Assigned to the Finance Committee.
HB 1372 - Concerning the voluntary donation of umbilical cords for the purpose of aiding in the cure of life-threatening diseases through the use of adult blood stem cells. By Rep. Primavera and Sen. Hagedorn. Creates the adult stem cells cure fund (fund) in the state treasury. For income tax years commencing on or after January 1, 2008, but before January 1, 2011, requires a voluntary contribution designation line for the fund to appear on individual income tax return forms. Authorizes the department of public health and environment (department) to accept gifts, grants, and donations for transfer to the fund. Requires the department to set standards for hospitals for the donation and collection of umbilical cord blood for hospitals that choose to participate in umbilical cord donation. Encourages the department to facilitate umbilical cord donations and to promote public awareness of how to donate umbilical cords. Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on March 31 at 1:30 p.m.
HB 1373 - Concerning the breast and cervical cancer prevention and treatment fund. By Rep. Buescher and Sen. Keller. For purposes of funding the breast and cervical cancer prevention and treatment program ("program"), changes the percentages of funding to come from the general fund and from the breast and cervical cancer prevention and treatment fund for fiscal years 2007-08 and 2008-09, and specifies the percentages of funding from each fund for fiscal years 2010-11 through 2013-14. Extends the repeal date for the program. Assigned to the Finance Committee.
HB 1374 - Concerning repeal of the cap on the capitated rate under the program of all-inclusive care for the elderly. By Rep. Pommer and Sen. Johnson. Repeals the cap based on fee-for-service costs on the capitated rate under the program of all-inclusive care for the elderly. Assigned to the Health and Human Services Committee.
1375 - Concerning the state budget appropriation. By Rep. Buescher and Sen. Keller. Also known as the “Long Bill” or “Budget Bill” this bill will occupy the House for the week of March 24 and the Senate for the week of March 31.
In the Senate
SB 206 - Concerning the authority of the state to enter into lease-purchase agreements, and, in connection therewith, authorizing lease-purchase agreements for a state justice center and a new Colorado State Museum, increasing civil court fees to pay costs associated with the state justice center project, and authorizing transfers and payments from the portion of the state historical fund not reserved for the statewide grant program to pay for the Colorado State Museum. By Sen. Shaffer and Rep. T. Carroll. Authorizes the state to enter into lease-purchase agreements for development and construction of a state justice center and a new Colorado state museum. Authorizes an increase in civil filing fees to be deposited in a new justice center cash fund ("fund"). Provides that a portion of the costs associated with the design, construction, and lease-purchase payments for the new state justice center shall be paid from the fund. Provides for a transfer of moneys from the fund to pay for the relocation of the state museum currently located on the same block as the site of the new state justice center. Provides that a portion of the costs associated with the design, construction, and lease-purchase payments for the new state museum shall be paid from the portion of the state historical fund not reserved for the statewide grant program. Assigned to the Judiciary Committee; the bill is on the committee’s calendar on March 24 at 1:30 p.m.
SB 207 - Concerning the provision of statistical data on insurance producer examination applications. By Sen. Groff. Requires an application for an insurance producer examination to request demographic information from each applicant. Requires the application to specify that an applicant does not have to provide information concerning gender, native language, or race or ethnicity. Requires the commissioner of insurance to annually prepare and publish a report regarding the demographic information gathered from the application. Assigned to the Business Labor & Technology Committee.
SB 209 - Concerning implementation of measures to mitigate congestion in the Interstate 70 corridor. By Sen. Romer and Rep. McFadyen. Creates the Interstate 70 congestion management pilot program for use during peak usage times. Specifies that, to the extent practicable, the pilot program shall contain the following elements:
· Designating Interstate 70 as a HOT lane highway;
· Designating reversible lanes; and
· Charging longer vehicles higher tolls.
Authorizes the transportation commission to promulgate rules as necessary to implement the pilot program. Creates a special-purpose account within the highway users tax fund that will fund the implementation of the act and give grants to busing service providers from the collected tolls. Assigned to the Transportation Committee; the bill is on the committee’s calendar on March 27 upon adjournment.
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