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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 28.
At the Capitol – Week of May 24:
In the House:
The House was occupied for the better part of the week with the Budget Bill or “Long Bill” as it is often referred. The bill was introduced late in the day on Thursday, March 20, then House and Senate took Friday, March 21 as a day off which was part of an early start to Spring Vacation. The budget fun actually moved into full swing for the House on Monday afternoon - March 24 - when the House Democrats and Republicans separated into their respective caucuses and worked through the bill, department by department, sometimes line by line. The discussion in each caucus is centered on whether the Joint Budget Committee did an adequate job in creating an appropriation for each department. The “caucusing” was suspended on Monday evening but resumed for almost the entire legislative day on Tuesday. Each member was required to submit amendments to the budget bill by 5:00 p.m. on Tuesday afternoon. The battle on 2nd Reading started early on Wednesday and continued throughout the day and into the night on Wednesday; of the 79 proposed amendments four were adopted by the House on 2nd Reading. The House passed the bill on 3rd Reading on Thursday. The bill was introduced into the Senate on Friday. The Senate has one bill on its committee schedule on Monday and that is this bill in the Appropriations Committee at 9:00 a.m. The Senate will be occupied with the budget in a mirror process this week. When the Senate completes its work, the bill will return to the House and a conference committee will be assembled to “iron out” the differences between the House and Senate versions of the bill. And wait for it, the six legislators on the conference committee will be, you guessed it - - - the six legislators who drafted the bill, the Joint Budget Committee. Any hunches on what version of the bill they will favor? More next week on the progress of the bill.
In the Senate:
Bar Association bill advances. The legislation that provides a “tool box” for judges in situations where a fiduciary is appointed in probate code cases was approved by the Judiciary Committee by a unanimous vote on Monday afternoon. The bill, which was developed jointly between the Trusts and Estates section and the Elder Law section of the CBA, adds a new Part 5 to the Probate Code - “Fiduciary Oversight, Removal, Sanctions, and Contempt.” The new statute will spell out a court’s oversight of fiduciaries in decedents' estates, guardianships and conservatorships, and trusts. On Friday morning, the Senate passed the bill on 2nd reading with absolutely zero controversy. Expect 3rd Reading on Monday, March 31. If the bill is not amended and passes on 3rd Reading the next stop is Governor Ritter’s desk for signature.
New Judicial Complex bill clears two hurdles. The legislation developed to pave the way for a new Justice Center complex and a new State Historical Museum was approved on a 4-2 vote on Monday by the Judiciary Committee. Then on Thursday morning, the Finance Committee approved and moved the bill to the Appropriations Committee. At this time, the bill is not scheduled on the Appropriations Committee calendar but with less than 40 days remaining in the session it could show up on the calendar overnight. The bill authorizes the state to enter into lease-purchase agreements for the development and construction of a state justice center and a new Colorado state museum. The bill creates the “judicial center cash fund” from increases in fees in civil cases; those funds will be used for the design, construction, and lease-purchase payments for the new state justice center.
Common Law bills move forward. HB 1148 - Adverse Possession and HB 1248 - Joint Tenancy both were approved by the Senate on 2nd Reading on Friday. The CBA has voted to support both bills. Both bills require 3rd Reading approval on Monday. Provided that the bills are approved on Monday they will each be returned to the House for consideration of amendments made in the Senate. HB 1148 was amended in the Senate to clarify the applicability/effective dates of the new changes to adverse possession: good faith on the part of the adverse possessor; court’s ability to award compensation for the value of the land, taxes and fees; and the new burden of proof – clear and convincing. HB 1248 was also amended in committee and the floor in an attempt to make sure that all the technical nuances are adequately addressed.
Late Bills (and status):
In the House
HB 1377 - Concerning bail for persons charged with driving under the influence and felony vehicular eluding arising out of the same occurrence. By Rep. King and Sen. Penry. Requires bail in a specified amount for a person charged with felony vehicular eluding and driving under the influence arising out of the same occurrence. Assigned to the Judiciary Committee; the bill is on the committee’s calendar on April 2 upon recess.
HB 1379 - Concerning an extension of the deadline for the Colorado Oil and Gas Conservation Commission to promulgate rules concerning a consultation process with other state agencies until July 16, 2008. By Rep. Curry and Sen. Isgar. Extends the deadline for the Colorado oil and gas conservation commission to promulgate rules concerning a consultation process with the department of public health and environment and the division of wildlife until July 16, 2008. Assigned to the Agriculture, Livestock, & Natural Resources Committee; the bill is on the committee’s calendar on April 9 at 1:30 p.m.
HB 1380 - Concerning the method for attributing net income to Colorado for purposes of calculating the state income tax. By Rep. Jahn and Sen. Shaffer. Creates a new method for a taxpayer to attribute net income to Colorado for purposes of calculating the state income tax that replaces the existing alternative methods and that has the following features:
· Requires business income to be apportioned to Colorado by multiplying such business income by a fraction that is equal to the total sales of the taxpayer in Colorado during the tax during the period;
· Establishes standards for when a sale is in Colorado;
· Requires certain nonbusiness income to be allocated to Colorado;
· Permits the executive director of the department of revenue (executive director) to deviate from the new methodology in certain circumstances; and
· Establishes a separate method for apportionment of sales by a mutual fund service corporation.
Repeals the provision of the Multistate Tax Compact that permits a taxpayer to elect to apportion and allocate income pursuant to the compact. Eliminates the prohibition on carrying forward a net operating loss to an income tax year in which a corporation uses a different method of attributing income to Colorado. Requires the executive director to promulgate rules, but establishes that pertinent rules previously promulgated for the existing methods for attributing income to Colorado continue to be in effect. Assigned to the Finance Committee.
HB 1381 - Concerning measures to prevent the loss of a mortgagor's equity in real property used as collateral for a loan. By Rep. Frangas. Creates special rules for the issuance of a summons and notice to the defendant in a case involving forcible entry and detainer of foreclosed residential property. Requires the plaintiff to provide contact information for negotiations concerning the terms of a voluntary surrender of the property.
Expands the definition of the criminal offense of equity skimming to include the act of continuing to collect rent from a tenant after foreclosure and sale of the property to another person. Assigned to the Business Affairs and Labor Committee.
HB 1382 – Concerning criminal procedural matters. By Rep. T. Carroll and Sen. Shaffer. Permits a pretrial services program to establish and administer an alternative bond program. Allows a court to provide the option of the alternative bond program to a defendant if there is such a program in that judicial district. Permits a pretrial services program with an alternative bond program to expend a portion of the funds collected for pretrial services. Defines the ability of the department of corrections to determine that an inmate is a sex offender for purposes of mandating sex offender treatment. Requires a juvenile who is petitioning for removal from the sex offender registry to file his or her motion in the juvenile's change of venue court. States that a district attorney may not charge the department of corrections for professional time for costs of prosecution. Removes the prohibition on certain offenders being awarded earned time while on parole or during reincarceration after a parole revocation. Requires the court to consider the defendant's present and future ability to pay when assessing costs. Assigned to the Judiciary Committee
In the Senate
SB 211 - Concerning medical payments coverage in connection with an automobile insurance policy issued in Colorado. By Sen. Tochtrop. Requires an automobile insurance policy issued or renewed on or after January 1, 2009, to contain medical payments coverage of a specified amount and for a specified period for payment of reasonable, necessary, and accident-related medical evidence-based health care and rehabilitation services provided for bodily injury arising out of the ownership, maintenance, or use of a motor vehicle. Specifies to whom medical payments coverage benefits are to be paid and the priority of payments to be made to providers for providing health care services to an injured person. Presumes that the minimum amount and period of medical payments coverage is included in an automobile insurance policy if the insurer fails to include the coverage in the policy. Specifies the reimbursement rate to be paid to providers and establishes a minimum level for such reimbursement rates.
Preserves the right of an injured person to choose his or her health care provider. Requires an insurer to honor a proper assignment of benefits to a health care provider and to promptly pay claims for medical payments coverage.
Prohibits an insurer providing benefits under medical payments coverage from recovering the cost of such benefits from an owner, user, or operator of a motor vehicle, or against any person or organization legally responsible for the acts or omissions of such person, in any action for damages. Specifies that an insurer shall not have a direct cause of action against an alleged tortfeasor for benefits paid under medical payments coverage. Preserves the rights of an insurer to recover medical payments coverage benefits when the benefits were paid by reason of fraud.
Modifies the disclosures required to be made to policyholders to clarify that, if an insured is also covered under a health insurance policy, the insured's medical payments coverage is primary to the health insurance coverage, will provide coverage before the health insurance coverage, and will apply to any coinsurance or deductible amounts required by the health insurance policy. Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 3 at 1:30 p.m.
SB 214 - Concerning local government Medicaid provider fees for certain health care providers. By Sen. Shaffer and Rep. Frangas. Authorizes certain local governments to charge a provider fee to and collect a provider fee from hospitals and home health care agencies within the local government's territorial jurisdiction. Authorizes the department of health care policy and financing (department) to distribute directly to qualified providers the federal financial participation received for local governments that make certified payments to hospitals or home health care agencies (qualified providers.)
Authorizes a local government that imposes a fee on qualified providers within the government's jurisdiction to either pay the fee to the department itself or direct the qualified provider to pay the fee to the department. Requires the department to distribute the fee and any matching federal financial participation received to the qualified providers. Establishes a cash fund for the moneys received by the department. Authorizes an appropriation from the cash fund to pay the department's administrative costs associated with the fee. Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 9 upon adjournment.
SB 216 - Concerning the county contribution for the cost of placement of children in residential child care facilities, and making an appropriation therefor. By Sen. Morse and Rep. White. For the 2008-09 and 2009-10 fiscal years, limits the county contribution to 10% of the cost of placement for children in residential child care facilities. Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 9 upon adjournment.
SB 217 - Concerning the framework for developing the centennial care choices program to reform the health care system in Colorado. By Sen. Hagedorn and Rep. McGihon. Authorizes the creation of the centennial care choices program (program) to reduce the state's uninsured population and improve access to affordable health care, after the following occurs:
· By January 2, 2009, the state department of health care policy and financing (state department), in coordination with the division of insurance (division) in the department of regulatory agencies and a panel of expert advisors (panel), issues a request for proposals to health insurance companies for the development of value benefit plans(VBPs);
· Proposals for VBPs are submitted to the state department by August 1, 2009;
· The state department, division, and panel evaluate the proposals and make recommendations to the governor regarding the proposals and any necessary legislation;
· The governor submits recommendations for legislation to the general assembly by the 3rd legislative day of the 2010 regular legislative session or notifies the executive committee of the general assembly and the health and human services committees of both houses of the general assembly that no valid proposals were submitted; and
· If the governor recommends legislation and the general assembly chooses to pursue such legislation, allows the legislation to be introduced during the 2010 regular legislative session to create the program and implement the governor's recommendations.
Establishes some parameters for the VBPs and the program, including:
· A premium subsidy program for low-income individuals;
· A mandate that individuals obtain health insurance and a mechanism to enforce the mandate through the state tax code;
· The encouragement of evidence-based medicine through creation of a patient safety council to improve patient care and minimize medical care mistakes;
· A process to certify VBPs and a mechanism for pairing subsidy-eligible individuals with appropriate VBPs;
· Creation of a consumer advisory council for the program; and
· Dedication of a revenue source, if necessary and a ballot question to seek voter approval for the revenue source, if necessary.
Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 9 upon adjournment.
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