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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: The LPC did not meet on Friday, May 2.
At the Capitol – Week of April 28:
Bills the CBA is supporting. On April 29, the House gave final approval to two important pieces of legislation impacting the judiciary SB 206 - Justice Center State Museum Agreements and SB 54 - Judicial Performance Evaluations. Both were adopted on 3rd Reading and returned to the Senate for consideration of changes made in the House. Today, the Senate is expected to approve the bills with the changes made in the House. The CBA is on record as supporting both of these bills through the Legislative Policy Committee.
On Thursday, May 1, the House voted to support HJR 1036 - Concerning Recognition of May 1, 2008, as Law Day. The resolution passed the House on a 63 yes, 1 no (Rep. Bruce) and 1 excused (Rep. McKinley). The measure is sponsored in both houses in large part by the attorney legislators. The resolution celebrates the day that is set aside for specifically celebrating the legal system of the United States. The resolution is scheduled for action in the Senate on Monday, May 5.
SB 183 - Paternity DNA Testing Child Support. The House added amendments to the bill in the Judiciary Committee and on the House floor that caused the Senate sponsor to reject the House amendments and ask for and receive a conference committee to work out the differences between the two houses. The Senate version of the bill allowed a “father” the ability to go to court any time after an order has entered and ask the judge to order the cessation of child support payments if paternity tests showed that the “father” was not the biological father of the child or children. The House Judiciary Committee limited the ability of a “father” who seeks to terminate child support to act within two years after the original order is entered. The House Judiciary committee also opened a two-year window (August 15, 2010) to allow individuals with orders entered prior to August 15, 2008 to file a motion to modify or set aside an order determining parentage.
During debate and action on 2nd Reading, the House added an additional requirement to the bill – the court must determine that the termination of the child support is “just and proper under the circumstances and in the best interests of the child.”
The bill creates mirror processes in the determination of parentage (19-4-107.3) and the modification or termination of child support (14-10-122) statutes. The Family Law section did not ask the CBA’s Legislative Policy Committee for authority to take a position on the bill; the CBA did not take a position on the bill.
Late Bills of interest (and status)
In the House:
It looks like the introduction of HB1415 on Friday April 25 signaled the last late bill that the House will consider for the 2008 session.
In the Senate:
SB 246 – Concerning a clarification of the prohibition on selling below cost under the Colorado "Unfair Practices Act". By Sen. Williams and Rep. Jahn. Clarifies that vendors violate the Colorado "Unfair Practices Act" when they intend to both injure competitors and destroy competition in order to acquire or maintain a monopoly. Updates the definition of "cost" and makes a conforming amendment to repeal the definition of "cost of doing business" or "overhead expense".
This bill has a pretty long road ahead with a very small of time to get to the finish line. Introduced on April 28 the bill was had to pass two committees of reference to make it to the Senate floor. The bill passed second reading on Friday, May 2. The bill will need a very favorable nod from leadership to get to the governor’s desk for signature.
SB 247 - Concerning the authorization of substitute water supply plans for the replacement of out-of-priority depletions caused by historic diversions from wells included in decreed augmentation plans. By Sen. Isgar and Rep. C. Gardner. Subject to existing procedures for the approval of substitute water supply plans, authorizes substitute water supply plans for the replacement of out-of-priority depletions caused by pre-January 1, 2003, diversions from wells included in decreed augmentation plans. Repeals the authorization on, and specifies that such plans shall expire by, July 1, 2018.
Late bills by Title and Sponsor(s):
SB 245 - Concerning authorization for the direct payment by the state treasurer of a scheduled payment on bonds issued by a state-supported institution of higher education when the institution will not be able to make the payment. By Sen. Windels and Rep. Buescher.
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