Month: November 2015

  • A Thanksgiving Message

    Happy Thanksgiving 2015

    Happy Thanksgiving from the OLLS!

  • Summary of 2015 Interim Study Committee Recommendations – Part II

    This week’s article is the second in a series that summarizes the bills recommended by each of the 11 interim study committees that met this year. The Legislative Council met Tuesday, November 10, 2015, and reviewed and approved all of the recommended bills, resolutions, and memorials except one that did not require Council approval.

    Interim Committee to Study Vocational Rehabilitative Services for the Blind

    The Interim Committee to Study Vocational Rehabilitative Services for the Blind met six times during the 2015 interim to discuss issues related to vocational rehabilitation services for the blind. Throughout its meetings, the committee heard from various stakeholder groups, including the National Federation of the Blind of Colorado, the National Rehabilitation Association, the Colorado Center for the Blind, and A3 Colorado, as well as state agencies that administer vocational rehabilitation programs for persons who are blind. Experts in adaptive technology for the blind, employment specialists, and blind entrepreneurs also testified before the committee. Additionally, the committee received updates from the Colorado Department of Labor and Employment (CDLE) regarding the transfer of the Division of Vocational Rehabilitation (DVR) from the Department of Human Services to the CDLE pursuant to Senate Bill 15-239 and from the State Auditor’s Office regarding the audit of the DVR and progress made to date to address issues raised in the audit.

    At its last meeting, the committee considered three draft bills and voted to advance two bills for consideration by the Legislative Council.

    Bill A: Concerning modifications to the business enterprise program to be administered by the department of labor and employment under its authority to administer vocational rehabilitation programs. This bill expands the scope of the Business Enterprise Program, which is a program within the DVR that licenses blind vendors to operate food vending facilities on state property. The bill removes the exemption from the program for state property owned, leased, or occupied by institutions of higher education or the State Fair Authority, thereby extending the priority for blind vendors to operate vending facilities on those properties. Additionally, the bill permits the program to expand the types of businesses for which blind vendors could be licensed to operate on state properties so that blind vendors would not be limited to operating only cafeterias, cafes, and other food-related businesses. The prime sponsors of the bill are Representative Primavera and Senator Lundberg.

    Bill B: Concerning the creation of an income tax credit to incentivize the employment of persons with disabilities. This bill creates two income tax credits for taxpayers who hire a person who has a developmental disability or is blind or visually impaired and who has been receiving services from and was referred for employment by the DVR. One of the tax credits allows an employer a credit equal to a percentage of the employee’s wages during the first continuous year of employment. The second tax credit authorizes an offset against a portion of the costs the employer incurs during the first three years of employment to maintain, repair, or upgrade assistive hardware or software technology necessary to allow the qualified employee to perform the job. The prime sponsors of the bill are Representative Windholz and Senator Aguilar.

    All of the bills that the committee considered are available for review on the committee’s website. For questions concerning the Interim Committee to Study Vocational Rehabilitative Services for the Blind, contact Christy Chase.

    Legislative Oversight Committee Concerning the Treatment of Persons With Mental Illness in the Criminal and Juvenile Justice Systems

    The Legislative Oversight Committee Concerning the Treatment of Persons With Mental Illness in the Criminal and Juvenile Justice Systems (legislative oversight committee) is a statutorily created committee that meets during the legislative session and the interim. The legislative oversight committee met three times during 2015, including during the interim. The legislative oversight committee is unique in that is has an associated advisory task force, also created in statute.

    The legislative oversight committee is responsible for overseeing the advisory task force and recommending legislative changes. The advisory task force is directed to examine the identification, diagnosis, and treatment of persons with mental illness who are involved in the criminal and juvenile justice systems, including the examination of liability, safety, and cost as they relate to these issues. The advisory task force met monthly throughout the year and reported its findings to the legislative oversight committee at those meetings.

    Specifically, the advisory task force updated the legislative oversight committee on the following topics:

    • Housing for a person with a mental illness after his or her release from the criminal or juvenile justice system;
    • Medication consistency, delivery, and availability;
    • Enhanced data collection issues related to persons with mental illness in the criminal or juvenile justice system;
    • Recidivism and the correlation with mental illnesses; and
    • Juvenile competency and restoration services.

    The legislative oversight committee requested four bills for drafting. One bill was withdrawn before consideration. Of the remaining three bills, the legislative oversight committee recommended only one to the Legislative Council.

    Bill A: Concerning including a mental health professional in the memorandum of understanding relating to a local-level collaborative management process for children and families. This bill requires that a mental health professional be included in the memorandum of understanding created by a group seeking to create a collaborative management system of local-level interagency oversight that coordinates and manages the provision of services to children and families. The prime sponsors of the bill are Senators Newell and Martinez Humenik and Representative Lee.

    All of the bills that the legislative oversight committee considered are available for review on the committee’s website. For questions concerning the Legislative Oversight Committee Concerning the Treatment of Persons With Mental Illness in the Criminal and Juvenile Justice Systems, contact Jane Ritter.

    The Profiling – Initiated Contacts by Law Enforcement Interim Committee

    The Profiling – Initiated Contacts by Law Enforcement Interim Committee met five times during the 2015 interim. The committee focused its attention on the data collection that currently occurs in the state and how data collection works in other states. The committee heard from various law enforcement agencies in the state, the Colorado State Patrol, and the Department of Revenue regarding current practices related to data collection for police stops and contacts. The National Conference of State Legislatures provided a report on racial profiling laws and data collection requirements in other states. Dr. Lonnie Schaible, Assistant Professor with the University of Colorado Denver, provided an overview of racial profiling research and methodological concerns. Mr. Jeffrey Zuback, Research Chief for Maryland Governor’s Office of Crime Control and Prevention, testified concerning Maryland’s data collection processes. The Greenwood Village police department provided an overview of its e-ticketing system.

    The committee requested three bills for drafting, only one of which was recommended to the Legislative Council for approval.

    Bill A (Bill 2): Concerning providing the opportunity to collect identifying information from applicants for state-issued cards. This bill requires that an application for a driver’s license or state identification card include the opportunity for the applicant to self-identify his or her race or ethnicity. The race or ethnicity information will not be printed on the driver’s license or identification card but will be included in the information on the stored information magnetic strip on the card. A law enforcement officer will be able to access the information when he or she swipes or scans the driver’s license or identification card. The prime sponsors of the bill are Representative Salazar and Senators Ulibarri and Roberts.

    All of the bills that the committee considered are available for review on the committee’s website. For questions concerning the Profiling – Initiated Contacts by Law Enforcement Interim Committee, contact Michael Dohr.

    Transportation Legislation Review Committee

    During the 2015 legislative interim, the Transportation Legislation Review Committee (TLRC):

    • Met at the State Capitol in Denver four times;
    • Went on site visits in the Denver metro area to the large Interstate-70 East highway improvement project and Lockheed Martin’s Autonomous Systems facility in Littleton;
    • Toured Southwest Colorado, conducting field hearings in Alamosa, Durango, and Montrose; and
    • Recommended five bills for introduction during the 2016 legislative session.

    At its meetings, the TLRC heard presentations on a variety of subjects, including:

    • An overview by the Colorado Department of Transportation (CDOT) of transportation infrastructure funding that noted, among other things, that in inflation-adjusted dollars, the state spent $125.70 per Coloradan on transportation infrastructure in 1991 but only $68.94 in 2015;
    • Presentations on transportation infrastructure planning, contracting and intergovernmental agreements, Interstate 70 mountain corridor winter traction and congestion issues, laws on impeding traffic, traffic safety data gathering, common carrier regulation, and the definition of “motor vehicle;” and
    • A presentation on nationwide transportation funding from the National Conference of State Legislatures and activity updates from regional transportation authorities and public highway authorities.

    The TLRC considered seven draft bills (one was withdrawn during the drafting process) and ultimately voted to recommend five bills to the Legislative Council.

    Bill A: Concerning a requirement that noncommercial motor vehicles be appropriately equipped when driving on the interstate 70 mountain corridor during winter storm conditions. This bill requires a motor vehicle that is driven in the Interstate 70 mountain corridor between Dotsero and Morrison when icy or snow-packed conditions are present to use appropriate traction equipment and imposes fines for violations. Under House Bill 15-1173, this bill does not require approval by the Legislative Council for introduction during the 2016 session. The prime sponsors of this bill are Representatives Mitsch Bush and Rankin and Senators Todd and Donovan.

    Bill B: Concerning a requirement that the statewide transportation advisory committee provide advice and comments regarding transportation-related matters to both the department of transportation and the transportation commission rather than to the department only. This bill requires the State Transportation Advisory Committee to provide advice not only to CDOT, but also to the Transportation Commission. The prime sponsors of this bill are Representatives Carver and Mitsch Bush and Senator Todd.

    Bill C: Concerning a requirement that the transportation legislation review committee study the transportation commission districts of the state to determine whether they should be modified. This bill requires the TLRC to study the current statutorily defined Transportation Commission districts during the 2016 legislative interim and determine whether the number and boundaries of the districts should be changed. The prime sponsor of this bill is Representative Carver.

    Bill D: Concerning authorization to drive a kei vehicle on public roadways if the kei vehicle is registered with the state. This bill allows the Department of Revenue to title, register, and issue a rear license plate for a kei vehicle for operation on a road with a posted speed limit of 55 mph or less. The prime sponsors of this bill are Representative J. Becker and Senator Cooke.

    Bill E: Concerning a requirement that the holder of an abandoned motor vehicle use the records of a national title search to notify persons with an interest in the motor vehicle that the vehicle has been towed and is subject to sale. This bill broadens the category of records that the Department of Revenue must include in a records search to identify the owner and any lienholder of an abandoned motor vehicle so that the tow operator can notify the appropriate persons that the vehicle has been towed and will be sold unless it is claimed. The prime sponsors of this bill are Representative Tyler and Senators Baumgardner and Todd.

    All of the bills that the TLRC considered are available for review on the committee’s website. For questions concerning the Transportation Legislation Review Committee, contact Jason Gelender.

    Wildfire Matters Review Committee

    2015 has been, thankfully, a relatively quiet year for wildfires in Colorado. But the Wildfire Matters Review Committee (WMRC) still had plenty of work to do, convening four times during the legislative interim to receive updates, debate policy, and talk with stakeholders regarding myriad issues relating to wildfire prevention, risk mitigation, and response.

    The WMRC requested six bill drafts, one resolution, and one memorial. Ultimately, the committee recommended four bills, the resolution, and the memorial to the Legislative Council.

    Bill A: Concerning changing the wildfire mitigation income tax deduction to the wildfire mitigation income tax credit. This bill eliminates the wildfire mitigation income tax deduction and creates a wildfire mitigation state income tax credit, which will be available for tax years 2017 through 2019. The amount of the credit is equal to 25% of the costs a landowner incurs performing wildfire mitigation on his or her property located in the wildland-urban interface. The amount of the credit per tax year cannot exceed $2,500. Any amount above the limit can be carried forward for five years, but any remaining credit after five years is nonrefundable. The prime sponsor of this bill is Representative K. Becker.

    Bill B: Concerning increased authority to use broadcast burning as a tool to promote watershed restoration. This bill adds broadcast burning to the types of projects and methods for which the Colorado State Forest Service may award grants from the Healthy Forests and Vibrant Communities Cash Fund and the Forest Restoration Program Cash Fund. The prime sponsors of this bill are Representative K. Becker and Senators Jones and Roberts.

    Bill C: Concerning increased authority to use broadcast burning as an optional tool to reduce wildfire risk, and, in connection therewith, providing additional funding for wildfire risk reduction efforts. This bill adds broadcast burning to the types of projects and methods for which the Department of Natural Resources may award grants from the Wildfire Risk Reduction Fund. The bill also authorizes the transfer of a total of $3 million into the cash fund: $1.5 million from the General Fund and $1.5 million from the Severance Tax Operational Fund. The prime sponsors of the bill are Senators Roberts and Jones and Representative K. Becker.

    Bill D: Concerning auxiliary emergency communications in the state, and, in connection therewith, establishing the auxiliary emergency communications unit in the office of emergency management in the department of public safety. This bill creates the Auxiliary Emergency Communications Unit (unit) in the Office of Emergency Management in the Division of Homeland Security and Emergency Management in the Department of Public Safety (DPS). The unit has the power to establish programs for training and credentialing auxiliary emergency or disaster communicators across the state; assume all the duties and responsibilities of the Radio Amateur Civil Emergency Service (RACES); and ensure that auxiliary emergency communicators are authorized volunteers entitled to the appropriate protections and benefits of emergency volunteers when assisting local governments with the maintenance or demolition of communication facilities. With this authority, the DPS may develop and issue photo identification cards to auxiliary communicators, conduct criminal background checks, and reimburse emergency communicators for necessary travel and other expenses incurred in performing their duties. Finally, the bill increases from 23 to 24 the number of members serving on the Public Safety Communications Subcommittee of the Homeland Security and All-Hazards Senior Advisory Committee in the DPS. The additional member is the section emergency coordinator for the Amateur Radio Emergency Service of the Colorado section of the Amateur Radio Relay League. The prime sponsor of the bill is Representative Singer.

    Resolution A: Concerning the recognition of Colorado firefighters killed in the line of duty. This resolution honors and recognizes firefighters that have been killed in the line of duty. The prime sponsors of the resolution are Senators Baumgardner and Merrifield and Representatives Hamner and Thurlow.

    Memorial B: Concerning the need for Congress to fund catastrophic wildfire response costs outside of federal forest management agencies’ normal budgets. This memorial requests that Congress fund the costs for catastrophic wildfire response outside the normal budgets for federal forest management agencies. In an unusual procedural move, this measure is identical to legislation (Memorial B) approved and recommended by the 2015 interim Water Resources Review Committee. This reflects the fact that the subject matter significantly affects water- and wildfire-related issues, and expresses the will that the memorial be jointly carried by both interim committees. The prime sponsors of this memorial are Senators Jones and Roberts and Representatives Coram and Vigil.

    All of the legislation that the WMRC considered is available for review on the committee’s website. For questions concerning the Wildfire Matters Review Committee, contact Kate Meyer.

  • Summary of 2015 Interim Study Committee Recommendations – Part I

    The Legislative Council met Tuesday, November 10, 2015, to review all of the bills recommended to them by the legislative study committees that met during the 2015 interim. With the exception of one Transportation Legislation Review Committee bill that did not require Legislative Council approval, the Legislative Council approved all of the bills, resolutions, and memorials presented by the 2015 interim committees.

    This week’s article summarizes the recommendations from six of the 11 interim study committees that met this year. Next week, LegiSource will post summaries of the remaining five committees.

    The Colorado Health Insurance Exchange Oversight Committee

    The Colorado Health Insurance Exchange Oversight Committee met five times over the 2015 interim and is scheduled to have one more meeting in December. The committee received briefings from the exchange board and staff at most of the meetings and, per its statutory charge, covered a range of topics pertaining to the operations and finances of the exchange.

    At the last meeting, the committee considered four bills and voted to move one bill forward for consideration by Legislative Council as follows:

    Bill A: Concerning the use of qualified insurance brokers to enroll eligible participants in health benefit plans through the Colorado health benefit exchange. This bill requires the Colorado Health Benefit Exchange to establish a system to refer consumers to qualified insurance brokers to enroll consumers in health benefit plans. The established system must include the installation of a call center and the necessary software to make referrals. The prime sponsors of the bill are Senator Martinez Humenik and Representative Sias.

    All of the bills that the committee considered are available for review on the committee’s website. For questions concerning the Colorado Health Insurance Exchange Oversight Committee, contact Kristin Forrestal.

    Early Childhood and School Readiness Legislative Commission

    The Early Childhood and School Readiness Legislative Commission created in section 26-6.5-203, C.R.S., met six times from June through October. They heard testimony and discussed a wide range of subjects related to early childhood care and education, including operations of the Colorado child care assistance program, child care quality initiatives, early childhood mental health and school discipline, continuity from preschool and kindergarten, child welfare, access to child care, home visitation programs, and child care licensing. The commission also collaborated with the early childhood leadership commission regarding early childhood issues.

    The commission requested five bills. Of those five, the commission recommended three to the Legislative Council as follows:

    Bill A: Concerning the start of the child tax credit. In 2013, the General Assembly created a state income tax credit that low- and middle-income taxpayers could claim for each child under six years old. The amount of the credit was based on a related federal child tax credit and a taxpayer’s income. But the credit is only allowed after the United States congress enacts a version of the “Marketplace Fairness Act,” which could lead to increased sales tax collections. This bill repeals the contingent start of the tax credit and instead allows the credit to be claimed for all years beginning with the 2016 tax year. The prime sponsors of the bill are Representative Singer and Senators Merrifield and Kefalas (joint prime sponsors).

    Bill B: Concerning removing certain limitations on the pilot program to mitigate cliff effect for low-income families who are working and receiving child care assistance. The department of human services is operating a pilot program to look at ways to mitigate the “cliff effect” that low-income families who are working and receiving child care assistance often experience. The pilot program has been limited to 10 counties. This bill removes the limit and allows the executive director of the department to select additional counties to participate in the pilot, subject to available appropriations. The prime sponsors of the bill are Senator Martinez Humenik and Representative Pettersen.

    Bill C: Concerning a task force to address the child care needs of low-income parents of young children as the parents seek to advance their education. This bill creates a task force to address the child care needs of low-income parents of young children as the parents seek to advance their education. The task force consists of the leaders of several departments; parents and representatives of child advocacy organizations; and employees of county departments of human services. The task force has several duties, including identifying and reducing, if possible, barriers to obtaining child care from the range of available governmental and private child care sources, determining whether existing child care resources are adequate, reviewing and streamlining the processes for providing child care for parents, and communicating the availability of child care from public and private sources to parents who are seeking education or training. The prime sponsors of the bill are Representative Pettersen and Senator Merrifield.

    All of the bills that the commission considered are available for review on the commission’s website. For questions concerning the Early Childhood and School Readiness Legislative Commission, contact Julie Pelegrin.

    Police Officers’ and Firefighters’ Pension Reform Commission

    The Police Officers’ and Firefighters’ Pension Reform Commission met once during the 2015 interim for an annual briefing from the Fire and Police Pension Association (FPPA) and to consider three bills recommended by the FPPA Board of Directors (Board) for introduction during the 2016 legislative session. Based on the Board’s recommendations, the commission approved the following two bills:

    Bill A: Concerning optional affiliation with the fire and police pension association by a county sheriff department that does not participate in social security. Legislation passed in 2003 allows county sheriff departments that participate in social security to affiliate with the FPPA. The bill allows sheriff departments that do not participate in social security to participate in the FPPA. The prime sponsors of the bill are Representatives Melton and Salazar (joint prime sponsors) and Senator Jones.

    Bill B: Concerning modifications to the statewide death and disability plan administered by the fire and police pension association. A member of FPPA who has a temporary disability and returns to work or retires can receive contributions from the statewide death and disability plan to the member’s normal retirement plan for his or her time on temporary disability. This allows the member to receive a full retirement benefit. Current law requires a transfer from the statewide death and disability plan to the member’s normal retirement plan at the rate of 16% of the member’s monthly base salary for the time that the member received temporary disability benefits, even if the contribution rate for the member’s normal retirement plan was less than 16%. The bill changes the contribution rate to an amount equal to the employer and employee contribution rate being made to the member’s normal retirement plan at the time of the disability, not to exceed 16% of the member’s monthly base salary.

    Currently, FPPA employers are required to ask prospective employees to complete a statewide standard health history form, and the prospective employees are required to complete the form before they may begin employment. The bill changes this requirement and now requires that a newly hired FPPA member complete and submit the form to the FPPA within 30 days of the newly hired member’s first day of employment. The prime sponsor of the bill is Representative Van Winkle.

    All of the bills that the commission considered are available for review on the commission’s website. For questions concerning the FPPA, contact Nicole Myers.

    Off-highway Vehicle Interim Committee

    After several years of unsuccessful legislation to address the registration of off-highway vehicles bill, the Executive Committee created the Off-highway Vehicle Interim Committee to work on the issues. The committee met several times to hear from off-highway vehicle enthusiasts, dealers, counties, hunters and environmentalists plus representatives of state patrol, municipalities, insurers, hospitals, disabled veterans, and many others. After all the testimony, the committee considered two bills and recommended one of them to the Legislative Council.

    Bill A: Concerning the registration of off-highway vehicles with the division of parks and wildlife. The bill makes several major changes to current law: Local authorities may require driver’s licenses and insurance, and these requirements are exempted from the rule that local ordinances must be consistent with state-promulgated rules; local authorities may require a person to register with the county clerk before a person may operate an off-highway vehicle on the road; and local authorities may enter into cooperative agreements with federal land management agencies. The bill creates a voluntary registration program. But the voluntary registration program does not apply to trails unless a local government classifies a trail as a road.

    The bill also imposes several requirements and restrictions on off-highway vehicles and the persons who drive them. These include: Requiring a driver’s license to drive on a road, unless waived by a local authority; issuing license plates for off-highway vehicles; requiring drivers to obey the rules of the road; prohibiting off-highway vehicles on limited-access highways and roads with a speed limit of 45 miles per hour or more; requiring eye protection; requiring helmets for minor drivers and passengers; requiring brakes and, if driven at night, headlamps and tail lamps; imposing a speed limit of 40 miles per hour; and including off-highway vehicles in the careless driving and reckless driving statutes. The prime sponsors are Representative Brown and Senator Donovan.

    The bills that the committee considered are available for review on the committee’s website. For questions concerning the off-highway vehicles interim committee, contact Jery Payne.

    The School Safety and Youth in Crisis Interim Committee

    The School Safety and Youth in Crisis Committee is created in section 22-15-101 , C.R.S., and charged with the following duties:

    • Study issues relating to school safety and the prevention of threats to the safety of students, teachers, administrators, employees, and volunteers who are present on the grounds of each public and private school in the state;
    • Study and evaluate programs and methods for identifying and monitoring students in crisis;
    • Develop standardized criteria for school personnel to use in assessing the potential threat posed by one or more students; and
    • Study and evaluate the implementation of S.B.15-213 (the “Claire Davis School Safety Act”).

    The committee met five times during the interim and heard testimony from many diverse stakeholders, including teachers, students, parents, school districts, charter schools, law enforcement officers, mental health professionals, and social workers. On October 27, the committee considered seven bill drafts. At the onset of the discussion, various bill sponsors withdrew all but two of the requested bills. The committee then discussed the remaining two bill drafts, but both of the drafts failed to pass a majority vote of the legislative committee members. As a result, the committee is not advancing any legislation in the 2016 session.

    All of the bills that the committee considered are available for review on the committee’s website. For questions concerning the School Safety and Youth in Crisis Committee, contact Richard Sweetman.

    Water Resources Review Committee

    The Water Resources Review Committee (WRRC) had a busy interim this year. With 15 hearings throughout Colorado, the WRRC spent a lot of time together. The chair of the committee, Senator Ellen Roberts, reflected on more than one occasion that the WRRC was “like a family” this interim. Nine of the WRRC’s hearings were held pursuant to Senate Bill 14-115, which requires the WRRC to hold hearings in each of the nine water basins in the state to obtain public feedback on the draft Colorado Water Plan.

    As with all families, the WRRC did not always agree. At its final hearing on October 29, 2015, the WRRC considered five bills and three resolutions. Requiring a two-thirds majority vote to recommend legislation for the Legislative Council’s consideration, four of the five bills failed, and the final bill was withdrawn from consideration. All three of the resolutions passed, however, and were recommended to the Legislative Council. The resolutions are summarized below:

    Resolution 2: Concerning Timely Access to Federal Lands for Dam Restoration. The resolution urges the U.S. Forest Service and the Bureau of Land Management to respond promptly to requests for permission to access a dam located on federal land when the owner or operator of the dam requests access to the dam for the purpose of maintenance, repairs, or restoration. The prime sponsors are Representatives Coram and Mitsch Bush and Senator Baumgardner.

    Memorial 3: Concerning the need for Congress to fund catastrophic wildfire response costs outside of federal forest management agencies’ normal budgets. The resolution encourages Congress to enact laws to protect forest land management agencies’ ability to mitigate the risk of catastrophic wildfires and manage lands within their jurisdiction by funding catastrophic wildfire response in the same manner that natural disasters are funded. The prime sponsors are Senators Jones and Roberts and Representatives Coram and Vigil.

    Memorial 6: Concerning protection from liability for voluntary reclamation of abandoned hard rock mines. The resolution urges Congress to pass legislation establishing a Good Samaritan exemption from liability under the “Clean Water Act” and the “Comprehensive Environmental Response, Compensation, and Liability Act of 1980” (Superfund), to encourage third-party remediation of abandoned hard rock mines. The prime sponsors are Senator Roberts and Representatives Coram and Mitsch Bush.

    All of the bills, resolutions, and memorials that the committee considered are available for review on the committee’s website. For questions concerning the Water Resources Review Committee, contact Jennifer Berman.

  • The “C” in Uniform Law Commission

    by Patti Dahlberg and Thomas Morris

    Editor’s Note: This is the third article in our series on the Uniform Laws Commission. The preceding articles were posted on Sept. 17 and August 6.

    They come from every state, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands and they are the “C” in the ULC – the Commissioners! Uniform Law Commission (ULC) commissioners must be attorneys and currently qualified to practice law. They are practicing lawyers, judges, law professors, legislators, and legislative staff. They are appointed by their state or territory to “research, draft, and promote” the enactment of uniform state laws. Commissioners typically serve for specific terms and receive no salaries or fees for their time or work with the ULC, thus donating literally thousands of hours of their time and expertise each year as a public service.

    Each ULC state or territorial jurisdiction determines the number of its commissioners and how they are appointed; most jurisdictions specify in statute how its commissioners are appointed. In most states, the governor appoints the state’s commissioners to serve a specified term. In a few states, ULC commissioners serve at the will of the appointing authority and have no specific term.

    The Colorado connection
    In Colorado, the Colorado Commission on Uniform State Laws (CCUSL) is created in section 2-3-601 of the Colorado Revised Statutes. The statute directs the General Assembly to appoint or reappoint six commissioners by joint resolution in odd-numbered years. Commissioners are appointed for two-year terms and must be currently licensed to practice law in Colorado. At least two of Colorado’s commissioners must be appointed from 2015-16 Colorado Commission Membersthe General Assembly and at least two of the six must be from the public at large. The director of each state’s legislative legal service office, or the director’s designee, is ex officio a member of that state’s commission. In Colorado, the director of the General Assembly’s Office of Legislative Legal Services, Dan Cartin, appointed Thomas Morris, to serve in his stead. The six commissioners appointed or reappointed every other year serve on the CCUSL and with the ULC along with any Colorado citizen who is elected as a life member of the ULC (after 20 years of service). Currently Colorado has three commissioners who have been elected as life members: Thomas Grimshaw, Donald Mielke, and Charles Pike. You can find a list of past and current members of the CCUSL on its homepage.

    Commission work at the national level
    State uniform law commissioners come together as the ULC for one purpose—to study and review state laws to determine which areas of law should become more uniform. For more than a century, commissioners have, through various committees, prepared uniform law drafts and redrafts for review and approval at their annual meetings. Since its inception, the ULC has approved more than 300 uniform or model acts, of which more than 100 have been adopted by at least one state. Some have been widely adopted, including the Uniform Commercial Code, which every state has enacted. You can find a list of uniform acts that have been adopted by the Colorado Notable Uniform MembersGeneral Assembly on the CCUSL homepage.

    The ULC considers its major asset to be its commissioners. As a working organization, the approximately 400 commissioners participate in drafting specific acts; they discuss, consider, and amend drafts of other commissioners; they decide whether to recommend an act as a uniform or a model act; and they work toward enactment of ULC acts in their home jurisdictions. The procedures of the ULC are meant to promote the meticulous consideration of each uniform and model act and generally a minimum of four years is spent during the study, drafting, and adoption phases on each proposed act.

    The ULC can only propose uniform laws; no uniform law is effective until a state legislature enacts it. Thus, the approval of a uniform act at the annual meeting constitutes the start of the commissioners’ duties of advocating for the adoption of uniform and model acts in their home jurisdictions. Uniform laws, just like any other legislative proposal, can meet resistance, but this is considered a normal and reasonable means to foster open discussions regarding the proposal on a local level.

    Information about uniform acts, drafting projects, committees, meetings, and legislation is available on the ULC’s website.

    For information on Colorado’s ULC connection, visit the CCUSL website.