From the Colorado Bar Association - Department of Legislative Relations
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/
• CBA Legislative Policy Committee (LPC)
The Legislative Policy Committee took action on two bills at the meeting on April 23:
• The Business Law Section was granted authority to support HB 1403 - Concerning commercial notifications with regard to the secretary of state, by Rep. A. Kerr. The bill provides greater flexibility to the Secretary of State to select the method of notification for persons regulated under the charitable solicitations act as well as corporation, partnership, and association laws.
In a committee hearing on Thursday, April 22 the State, Veterans, and Military Affairs committee amended the bill by removing the section that would have allowed the secretary to charge a fee for giving a notice by mail. The bill was referred to the Appropriations Committee; in term of fiscal impact, the bill is expected to drive a one-time cost of $105,200 to update the software program. The bill anticipates that notices will be provided electronically and once electronic notification is up and running, the state will realize a $223,000 savings in postage and printing each year thereafter.
• The Real Estate Section was authorized to seek an amendment to HB 1141 - Concerning a requirement for mortgage companies to be registered by the division of real estate, by Speaker Carroll and Sen. Tochtrop. The Section and the CBA did not take a position on the bill overall. Specifically, the Real Estate Section is authorized to seek an amendment to the bill that will maintain the status quo on a provision of law that exempts attorneys from regulation under the act; the current law recognizes the authority of the Colorado Supreme Court to regulate the practice of law.
The bill passed out of the Appropriations Committee on Friday, April 23 and will next move to the floor of the Senate for consideration on 2nd Reading where the CBA will seek to amend the bill.
• Late Bills of Interest (and status):
The week of April 19 saw the introduction and movement of a fair number of bills in the House and the Senate. Here is what was added to the list of “things to do” for the legislature; by the way there are sixteen days left for the legislature to complete the work it has before it.
In the House
HB 1414 - Concerning the requirement that a health care facility report information identifying any individual responsible for the diversion of injectable drugs that were intended for use by patients of the facility. By Rep. Benefield and Sen. Foster. Under current law, licensed and certified health care facilities are required to report to the department of public health and environment any occurrences at the facility in which drugs that are intended for use by patients or residents of the facility are diverted to use by other persons. The bill would further require a facility, when reporting such occurrences involving injectable drugs, to also report the name and date of birth of the individual responsible for the diversion of the injectable drugs. The bill was introduced on April 19 and has been assigned to the Health and Human Services Committee.
HB 1416 - Concerning the administration of drugs by trained chiropractors for the treatment o f neuromusculoskeletal ailments. By Rep. Riesberg. The bill allows appropriately trained chiropractors to administer drugs for the treatment of neuromusculoskeletal ailments. On April 22, the Health and Human Services referred an amended version of the bill to the Appropriations Committee.
HB 1417 - Concerning the creation of the pay equity commission within the department of labor and employment. By Rep. Peniston and Sen. Williams. The bill establishes the pay equity commission within the Colorado department of labor and employment.
The governor is to appoint 11 members to the commission by August 1, 2010, with representatives of large and small private, for-profit employers, a women's national association, a labor organization, a statewide association of attorneys, higher education, the department, the civil rights division in the department of regulatory agencies, a national organization that serves minority communities and communities of color, and a business association. The commission is charged with the following tasks:
Educating employers in the state about issues or practices that may contribute to pay inequities;
Working with business groups and educational institutions to develop and maintain an inventory of best practices for encouraging equal pay;
Encouraging employers to implement equal pay best practices;
Studying other state models of equal pay practices that achieve pay equity;
Developing a program recognizing employers who pursue pay equity practices;
Conducting outreach and education to employees and employers regarding pay equity; and
Working to establish Colorado as a model employer with regard to pay equity.
The commission is required to submit annual reports to the executive director of the department, the business, labor, and technology committee of the senate, and the business affairs and labor committee of the House of Representatives, detailing the work it has done. The commission may submit recommendations for policy or administrative changes, upon approval of 2/3 of its members, and any such recommendations shall be included in the commission's annual reports. The commission is subject to sunset review, with the repeal of the commission set for July 1, 2015. The bill was introduced on April 19 and has been assigned to the Business Affairs and Labor Committee.
HB 1418 - Concerning requirements applicable to community-based projects that qualify for special treatment under the renewable energy portfolio standard. By Rep. McFadyen and Sen. Bacon. With regard to the renewable energy portfolio standard, the bill:
Allows each kilowatt-hour of electricity generated from eligible energy resources at a community-based project to be counted as 2 kilowatt hours;
Prohibits qualifying retail utilities from claiming the benefit of this new multiplier for any electricity that the qualifying retail utility claims for satisfaction of the distributed generation requirement enacted by House Bill 10-1001; and
Modifies the definition of a "community-based project" to mean either a project that interconnects to electric transmission or distribution facilities owned by a Colorado cooperative electric association or municipal utility or a project that is owned by an organization or cooperative that is controlled by individual residents of the community.
The bill was introduced on April 19 and has been assigned to the Transportation & Energy Committee.
HB 1420 - Concerning collection of the penalty surcharge imposed on persons referred to a driver improvement school by a court for a traffic violation. By Rep. Peniston and Sen. Morse. The bill imposes a penalty of $15 plus 10% of the amount due plus .5% of such amount per month since the due date and interest on a driver improvement school for failure to collect or remit the fee the school is required to collect from people who are referred to the school by a court. Procedures and standards are set for notifying and collecting from the school and holding a hearing or appealing a hearing if requested. The department may place a lien on the property of the school to collect on the delinquency and penalties, but the lien does not take priority over previously recorded liens. The executive director of the department of revenue is required to release the lien when the amount is paid. Procedures and standards are set for the lien, lien release, and court actions. A civil action is also authorized to collect the delinquency and penalties. The director is authorized to waive the penalties for good cause. The bill was introduced on April 20 and has been assigned to the Transportation & Energy Committee.
HB 1421- Concerning the decommission of a correctional facility operated by the department of corrections. By Rep. May and Sen. King. The executive director of the department of corrections is required to decommission one state-run correctional facility that has a bed capacity of at least 500 by November 1, 2010. At least 20% of the savings from the closure must be directed to the private prison per diem rate for recidivism-reduction programs. The bill was introduced on April 23 and has been assigned to the Judiciary Committee.
HB 1422 - The Revisor’s bill. By Rep. B. Gardner and Sen. Brophy. The bill was introduced on April 23 and has been assigned to the Judiciary Committee.
In the Senate
SB 194 - Concerning the requirement that entities operating pursuant to certain federal waivers that provide certain services to persons with developmental disabilities obtain licensure as home care agencies. By Sen. Boyd and Rep. Riesberg. Current law requires a home care agency, which is an entity that manages and offers, directly or by contract, skilled home health services or personal care services to a home care consumer in the home care consumer's temporary or permanent home or place of residence, to be licensed by the department of public health and environment.
The bill defines the terms "community centered board," "qualified early intervention service provider," and "service agency." The bill exempts qualified early intervention service providers from the home care agency licensure requirement. The bill requires community centered boards and service agencies that provide skilled home health services or in-home personal care services to persons with developmental disabilities to apply for licensure by March 1, 2011. On and after September 1, 2011, it will be unlawful for a community centered board or service agency to conduct or maintain home care agencies that provide skilled home health services or in-home personal care services unless the community centered board or service agency is licensed as a home care agency. On April 22, the Health and Human Services Committee referred an unamended version of the bill to the “Consent Calendar” for consideration on 2nd Reading.
SB 195 - Concerning creation of the early childhood leadership commission. By Sen. Newell and Rep. Solano. The bill creates the early childhood leadership commission to advance a comprehensive service delivery system for children from birth to 8 years of age using data to improve decision-making, alignment, and coordination among federally funded and state-funded services and programs targeted at young children and their families. The commission will consist of up to 31 members, including representatives from 8 governmental agencies that provide or are involved in providing services and supports to young children and their families and up to 23 persons appointed by the governor who represent community and local government agencies that provide services and support for young children, nonprofit organizations that are involved in children's issues, and representatives from the business community. The commission may appoint an executive director and the executive director may hire persons to assist the commission, which persons may be paid only from gifts, grants, or donations. The departments represented on the commission may also provide support services within existing appropriations, and the commission may accept in-kind contributions of services.
The commission's duties include creating a unified data system regarding services and supports for young children, generally coordinating and aligning the efforts of state agencies in providing these services and supports, reviewing and approving, if appropriate, requests made by the early childhood councils for waivers of rules, and making recommendations to the governor, the general assembly, and public and private agencies and policy boards concerning creating a state-level oversight and coordination structure for services and supports for children from birth to 8 years of age. The commission will collaborate with other executive-branch boards, commissions, and councils that address children's issues and with statewide organizations that address child protection and criminal justice issues. The commission will report its recommendations annually in a joint meeting with the governor and the education and health and human services committees of the general assembly.
The bill creates the early childhood leadership commission fund. Any gifts, grants, or donations that the commission receives will be credited to the fund, and the governor may allocate moneys to the fund, but the fund may not receive appropriations from the general fund. The bill makes a conforming amendment concerning granting regulatory waiver requests by early childhood councils and directing the early childhood council advisory team to collaborate with the commission.
On April 22, the Health and Human Services Committee referred an unamended version of the bill to the Appropriations Committee.
SB 196 - Concerning the minimum speed at which a motor vehicle may travel on Interstate 70. By Sen. Gibbs and Rep. Scanlan. The bill prohibits the department of transportation from setting a speed limit for one class of motor vehicle on interstate 70 that is more than 25 miles per hour less than the highest limit for another class of motor vehicle. The bill prohibits a person from driving on a 6% uphill grade of interstate 70 at a speed that is less than 10 miles per hour below the speed limit or less than the minimum speed set by the department of transportation, except if necessary to obey traffic control devices, to enter or exit interstate 70, to compensate for the weather or traffic conditions, or to navigate a lane closure or blockage. The department of transportation will post signs notifying drivers of the restriction.
On April 22, the Transportation Committee amended the bill and referred it to the Appropriations Committee.
SB 197 - Concerning exempting the transfer of prescription drugs purchased with public funds by public entities from the definition of "wholesale distribution" of prescription drugs. By Sen. Hodge and Rep. Riesberg. Currently, agencies that do not have a wholesaler pharmacy license cannot transfer prescription drugs between sites. By exempting the transfer of prescription drugs purchased with public funds by public entities from the definition of "wholesale distribution," the bill allows the department of public health and environment and a district or county public health agency to make the transfers. The bill was introduced on April 21 and has been assigned to the Health and Human Services Committee.
SB 198 - Concerning a reduction in the amount of the penalty for late vehicle registration for certain vehicles without motive power. By Sen. Whitehead and Rep. McKinley. Effective July 1, 2010, the bill reduces the penalty for late registration of any vehicle without motive power that weighs more than 2,000 pounds but not more than 16,000 pounds and any camper trailer or multipurpose trailer regardless of its weight from $25 per month up to $100 to $10. The bill was introduced on April 23 and has been assigned to the State, Veterans & Military Affairs Committee.
SB 199 - Concerning clarifying revisions to certain provisions of the Colorado Probate Code. By Sen. Carroll and Rep. Court. This bill is CBA sponsored. The bill is a technical corrections bill to address issues the require amendment prior to the effective date of HB 09-1287.
The bill requires the revisor of statutes to include in the publication of the "Colorado Probate Code" as nonstatutory matter, following each amended or added section, the full text of the official comments to that section contained in the 2008 official text of "Amendments to Uniform Probate Code" issued by the national conference of commissioners on uniform state laws, with any changes in the official comments or Colorado comments to correspond to Colorado changes in the uniform probate code.
The bill requires cost-of-living adjustments of certain dollar amounts to be rounded to one-thousand-dollar increments, rather than one-hundred-dollar increments, for purposes of the Colorado probate code.
The bill provides that a "will" does not include a designated beneficiary agreement for purposes of the Colorado probate code.
The bill removes statutory language awarding a part or all of an intestate estate to a designated beneficiary who was designated by the decedent to be his or her designated beneficiary for purposes of intestate succession. The bill adds new statutory language concerning the rights of a designated beneficiary to receive all or part of an intestate estate.
The bill removes statutory language awarding a share of an intestate estate for a decedent's stepchildren when there are no blood relatives of the decedent available to receive an intestate share.
A child who is in the process of being adopted by a second adult in a second-parent adoption when the second adult dies is treated as adopted by the second adult if the child's parent survives the second adult by 120 hours.
The bill reduces the degree of evidence required to overcome a presumption that a deceased spouse has a parent-child relationship with a child born using assisted reproduction technologies.
The bill revises the scope of the rules of construction applicable to wills and other governing instruments to specify that new class gift rules apply only to documents executed or re-published on or after the effective date of the applicable statute.
Terms of relationship in a governing instrument that do not differentiate relationships by blood from those by marriage, such as uncles, aunts, nieces, or nephews, are construed to exclude relatives by marriage.
A personal representative is protected from potential surcharges and liability as a result of the personal representative making distributions of assets without knowledge that an individual intends or may intend to use a decedent's genetic material to create a child and that the birth of such a child would affect the asset distribution formula.
The bill amends the effective date-applicability clause of House Bill 09-1287, enacted in 2009. The bill was introduced on April 23 and is assigned to the Judiciary Committee.
SB 200 - Concerning amendments to the "Colorado Recovery and Reinvestment Finance Act of 2009" that are necessary to conform to amendments made to the federal "American Recovery and Reinvestment Act of 2009" by the federal "Hiring Incentives to Restore Employment Act." By Sen. Schwartz. The bill amends the "Colorado Recovery and Reinvestment Finance Act of 2009" to the extent necessary to conform to amendments made to the federal "American Recovery and Reinvestment Act of 2009" by the recently enacted federal "Hiring Incentives to Restore Employment Act." The bill was introduced on April 23 and has been assigned to the Finance Committee.
SB 201 - Concerning enforcement of the motor vehicle franchise laws against certain types of licensees. By Sen. Mitchell and Rep. Soper. House Bill 10-1049 created a right of first refusal when a motor vehicle manufacturer terminates a motor vehicle dealer's franchise and within 5 years offers the same franchise within 5 miles of the original franchise. The bill imposes a civil fine of $10,000 to $25,000 on a motor vehicle manufacturer or distributor for failing to offer the right of first refusal or make a compensation payment required under the right of first refusal. The bill expands the remedies for such failure to include costs of the action that a person licensed under the motor vehicle dealer statutes may recover from a manufacturer or distributor.
The bill clarifies that a license may be denied, suspended, or revoked for willfully failing to offer the right of first refusal or make a compensation payment required under the right of first refusal. The bill was introduced on April 23 and has been assigned to the Business, Labor, and Technology Committee.