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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/
LPC Activity: On Friday, April 25 the LPC voted to oppose the introduced version of HB 1402 - ARM Notice Foreclosure Temporary Timeout. However, prior to that action by the LPC, the bill was amended by the House Business Affairs and Labor Committee last Thursday with a “strike below” amendment – a strike below is basically a brand new bill which more times than not takes the bill in a completely different direction. The bill passed out of committee with a requirement that the lender provide a notice of the foreclosure prevention hotline and a telephone number for a lender’s loss mitigation department and $100,000 of state funding for the foreclosure prevention task force. Provided that the bill stays in the form that the Business Affairs and Labor Committee approved, the CBA’s opposition to HB 1402 will be held in abeyance. The next stop for the bill is the House Appropriations committee on Tuesday, April 29 at 7:30 a.m.
Here is the summary of the “introduced” version of HB 1402 - Concerning additional protections for homeowners facing foreclosure. By Rep. Gagliardi and Sen. Bacon. Requires a lender to give the borrower written notice at least 30 days in advance of a change in the interest rate or other factors affecting the size of a payment on a residential mortgage loan, and to provide contact information for the lender's representative and the Colorado foreclosure hotline in case the borrower is unable to make regular payments after the change. In a hearing for a court order authorizing a foreclosure sale, directs the court to extend the sale date for 90 days in the case of certain residential mortgages if the debtor shows either that required documentation was not duly served on the debtor or that a representative of the lender did not engage in good-faith loss mitigation efforts, defined as efforts to work with the borrower to extend or restructure the loan. Repeals the 90-day delay provision after 3 years. Requires filing of notices to the debtor and affidavits of compliance with good-faith loss mitigation efforts along with the notice of election and demand to initiate a public trustee's sale. Excludes credit sales from the act.
At the Capitol:
The Long bill to be signed by Governor Ritter on Monday, April 28 on West steps of Capitol in bill signing ceremony on the West Steps of the Capitol. Joining Governor Ritter will be members of the Joint Budget Committee. The bill takes effect on July 1, 2008.
Last weeks e-leg brief highlighted some facts for the judicial branch, here are some general highlights:
· $18.4 billion total budget, including operating and capital
· $7.6 billion operating budget/general fund
· Total Budget Breakdown:
a. 23 percent: K-12 Education
b. 20 percent: Health Care
c. 15 percent: Higher Education
d. 12 percent: Human Services
e. 9 percent: Prisons and Corrections
f. 7 percent: Transportation
g. 19 percent: All Others
Additional Budget Details:
· Prison Recidivism Reduction: $5.7 million for 12 initiatives
· Renewable Energy: $2 million for solar incentives, $7 million for Clean Energy Fund to advance new-energy initiatives
· Building Blocks to Health Care Reform
· Higher Education: 9 percent or $66 million increased investment into college and university operating budgets
· Development Disabilities: $17.4 million increase for additional services and community resources
· Capital Construction: $188 million increase for construction projects statewide, including higher education but excluding transportation
Late Bills of interest (and status)
Note: The legislative session must conclude by Midnight on Wednesday, May 7; the bills that are introduced in these remaining days will be on very fast tracks.
In the House:
HB 1404 - Concerning a comprehensive review of Colorado’s child welfare system to result in the development of an action plan to provide improved protection of children, and making an appropriation in connection therewith. By Rep. Stafford and Sen. Keller. Requests county departments of human services ("county department"), upon request, to report information to the state department of human services ("state department") concerning employees of the county departments. Allows the state department to reduce funding to a county department if the county department refuses to share information for an employee whose employment is paid for with state moneys. Creates the child welfare action committee cash fund. Requires the state department to make periodic reports of findings and recommendations to the general assembly. The bill has been approved by the House Human Services and Appropriations committee and passed 2nd Reading on Friday, April 25. Third Reading in the House is scheduled on Monday, April 28.
HB 1407 - Concerning strengthening penalties for the unreasonable conduct of an insurance carrier. By Rep. Romanoff and Sen. Gordon. Increases the penalties that the insurance commissioner may impose for the violation of any law, rule, or order of the commissioner. Prohibits an insurer from unreasonably delaying or denying a claim for payment of benefits by a claimant. Creates a cause of action for a claimant who is unreasonably denied insurance benefits. Allows a claimant to recover 2 times the actual damages sustained. The bill has been approved by the House Business Affairs and Labor and Appropriations committee and is scheduled for 2nd Reading on Monday, April 28.
HB 1408 - Concerning the implementation of additional requirements on a corporate income taxpayer to verify the validity of transactions related to real estate investment trusts. By Rep. Levy and Sen. Veiga. Adopts the multistate tax commission's definitions of real estate investment trust and captive real estate investment trust. Makes clear that the executive director of the department of revenue may, to avoid abuse, on a fair and impartial basis, distribute or allocate the gross income and deductions between or among C corporations, including any transactions involving a captive real estate investment trust. Requires the disclosure of reportable transactions and establishes penalties for failure to disclose reportable transactions. The bill has been assigned to the Finance Committee and is scheduled for review on Monday, April 28 at 8:00 a.m.
HB 1409 - Concerning recovery of payments under Medicaid. By Rep. Pommer and Sen. Specifies that the department of health care policy and financing ("department") is authorized to determine whether a third party is liable for payment for services provided to a Medicaid recipient.
Requires a third party who may be liable for payment for services provided to a Medicaid recipient:
· To provide the department with information concerning the eligibility of persons who receive benefits from the third party;
· To accept the state's right to recover for services provided to Medicaid recipients;
· To respond to inquiries from the department concerning benefits available from the third party; and
· To agree not to deny claims of the department based upon specified criteria.
Requires the medical assistance program to be repaid for benefits provided to the full extent allowed by federal law. The bill is assigned to the Health and Human Services Committee and is scheduled for hearing on Monday, April 29 at 1:30 p.m.
HB 1413 - Concerning a reduction in taxation of fully depreciated business personal property. By Rep. Lambert and Sen. Romer. States that, for each of the next 4 property tax years, the actual value of business personal property that is fully depreciated, according to the appraisal manuals published by the property tax administrator, shall not exceed a specified percentage of the property's replacement cost new less depreciation. Specifies that property is not valued in this manner until its depreciated value floor is less than the specified percentage of its replacement cost new less depreciation. For property tax years commencing on and after January 1, 2013, exempts fully depreciated business personal property from property tax. Specifies that the rules for determining the actual value of fully depreciated property and the exemption of such property from taxation do not apply in counties where business personal property accounts for 30% or more of the total assessed property value in the county. Assigned to the Finance Committee; testimony was taken on Friday, April 25 but final committee action is scheduled for Tuesday, April 29 upon recess.
New bills by Title and Sponsors:
HB 1402 - Concerning additional protections for homeowners facing foreclosure. By Rep. Gagliardi and Sen. Bacon. Noted above in LPC Activity section.
HB 1403 - Concerning the merger of a school district retirement system with another public employee retirement system. By Rep. Romanoff and Sen. Sandoval.
HB 1405 - Concerning the funding of the Colorado water institute, and making an appropriation therefor. By Rep. Fischer and Sen. Shaffer.
HB 1406 - Concerning the circulation of initiative and referendum petitions. By Rep. Madden and Sen. Gordon.
HB 1410 - Concerning a requirement that health insurance plans include coverage for colorectal cancer prevention services, and, in connection therewith, exempting certain small group basic health plans. By Rep. A. Kerr.
HB 1411 - Concerning the prohibition of incentives to limit the provision of medically appropriate health care services to a covered person. By Rep. Marshall and Sen. Sandoval.
HB 1414 - Concerning an increase in the regulation of the disposal of exploration and production wastes from oil and gas operations at commercial solid waste facilities pursuant to rules promulgated by the solid and hazardous waste commission. By Rep. Buescher and Sen. Penry.
HB 1415 - Concerning the designation of a portion of the limited gaming fund revenues that would otherwise be transferred to the film incentives cash fund to the Colorado office of economic development to be used for the operational expenses of the Colorado film commission. By Rep. Massey and Sen. Gibbs.
In the Senate:
New bills by Title and Sponsors:
SB 233 - Concerning the authority of the state treasurer to enter into certain lease-purchase agreements relating to state-supported institutions of higher education. By Sen. Windels and Rep. Riesberg.
SB 234 - Concerning procedural matters related to substance abuse treatment in criminal cases. By Sen. Bacon and Rep. A. Kerr.
SB 235 - Concerning adding the act of masturbation in public to the offense of public indecency. By Sen. Bacon and Rep. A. Kerr.
SB 236 - Concerning clarifying that a law enforcement officer may give notice of the contents of a protection order to the person who is the subject of the order for purposes of the knowledge element in a criminal case involving violation of the protection order. By Sen. Bacon and Rep. A. Kerr.
SB 237 - Concerning the circumstances under which a person is required to register as a sex offender based upon a conviction in a jurisdiction other than Colorado. By Sen. Bacon and Rep. T. Carroll.
SB 238 - Concerning a prohibition on the reproduction of sexually exploitative material in a criminal case. By Sen. Bacon and Rep. King.
SB 239 - Concerning increasing from a class 4 felony to a class 3 felony the penalty for leaving the scene of an accident involving death. By Sen. Bacon and Rep. Jahn.
SB 240 - Concerning the procedures to create an online system allowing electors who make a self-affirmation of their voting qualification and whose signatures are on file with the department of state to make changes in their voter registration records, and making an appropriation therefor. By Sen. Gordon and Rep. Casso.
SB 241 - Concerning claims made under the "Workers' Compensation Act of Colorado" for work-related injuries. By Sen. Tochtrop and Rep. Marshall.
SB 242 - Concerning inclusion of the first authorized distributor of record in the chain of distribution for the purpose of a prescription drug pedigree. By Sen. Boyd and Rep. Benefield.
SB 243 - Concerning the creation of the election reform commission. By Sen. Gordon.
SB 244 - Concerning additional funding for transportation infrastructure preservation. By Sen. Tapia and Rep. Rice.
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