by Kate Meyer

The ’80s are, indeed, making a comeback.  While popular culture sees the resurgence of shoulder pads, My Little Pony, and Ghostbusters, the state legislature is experiencing its own blast from the past. House Bill 16-1077, recently signed into law by Governor Hickenlooper, revives the Statutory Revision Committee (SRC), an entity repealed in 1985.

Creation and composition. The SRC, created in part 9 of article 3 of title 2, Colorado Revised Statutes, consists of 10 members: Eight legislators (two each appointed by the Speaker and the Minority Leader of the House of Representatives and by the President and the Minority Leader of the Senate); and two nonvoting attorneys appointed by the Committee on Legal Services. The legislators currently appointed to the SRC are Representatives Moreno (temporary chair), Arndt, Dore, and Thurlow and Senators Holbert, Kerr, Steadman, and Tate. The Committee on Legal Services is expected to appoint the nonvoting members at its September 29, 2016, meeting.

Duties. A year-round committee, the SRC is staffed by the Office of Legislative Legal Services. The SRC’s statutory duties are to:

• Make an ongoing examination of the statutes of the state and current judicial decisions to discover defects and anachronisms in the statutes and recommend needed reforms;
• Receive, solicit, and consider proposed changes in the statutes recommended by the American Law Institute, any bar association, or other learned bodies;
• Receive, solicit, and consider suggestions from justices, judges, legislators, and other public officials and lawyers and from the public generally as to defects and anachronisms in the statutes;
• Recommend legislation annually to effect such changes in the statutes as it deems necessary to modify or eliminate antiquated, redundant, or contradictory rules of law and to bring the statutes of this state into harmony with modern conditions; and
• Report its findings and recommendations on or before November 15 of each year to the legislature.

Legislation and limitations. The SRC may recommend bills by a majority vote. Although there is no limit on the number of bills that the SRC may propose annually, and such bills do not count against an SRC sponsor’s 5-bill limit, there are a few constraints on the legislation the committee may introduce. First, the SRC may not consider matters that are currently pending or appealable before any court. And the SRC must “propose legislation only to streamline, reduce, or repeal provisions of the Colorado Revised Statutes” and “endeavor to recommend legislation that cumulatively has, in each legislative session, no net increase in the number of laws or pages of laws.” This directive did not exist in the statutes that created the former SRC.

While the SRC must adhere to these mandates, it is not limited to any particular substantive areas of law when considering legislation. The former SRC typically examined a wide array of topics for potential legislation. In 1985, for example, the SRC received 80 bill ideas from various sources and ultimately sponsored 12 bills. The bills’ subjects ranged from curing internal inconsistencies within the “Uniform Commercial Code” to restoring the ability of judicial clerks to collect a certain filing fee (which authority had been inadvertently deleted from the Colorado Revised Statutes) to removing mention of gender in certain correctional facility names to reflect that the facilities were not limited to any particular gender.

First meeting. The SRC is conducting its first public meeting, at 9 a.m. on Wednesday, August 17, 2016, in House Committee Room 0112 at the state Capitol. When available, the agenda and minutes, for this and future meetings, will be posted here and the live and archived broadcast of meetings can be accessed here.

Submissions and suggestions? Finally, to fulfill its statutory charges, the SRC will rely on its ongoing dialogue with the legal community and the public. To notify the SRC of possible defects or anachronisms in the law or possible antiquated, redundant, or contradictory law, please send an email to SRC staff at StatutoryRevision.ga@coleg.gov.

by Patti Dahlberg and Thomas Morris

Editor’s Note: This is the fourth article in our series on the Uniform Laws Commission. The preceding articles were posted on Nov. 5, Sept. 17, and Aug. 6.

The Uniform Laws Commission (ULC) consists of commissioners appointed by all 50 states, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. The ULC meets each year to consider and promote laws that could become more uniform. Colorado’s delegation to the ULC, the Colorado Commission on Uniform State Laws, may recommend ULC acts for introduction during a legislative session through one or more bills that are exempt from the bill limits imposed on legislators.

The CCUSL meets each year at the annual summer ULC conference to adopt a preliminary agenda for consideration by the Colorado General Assembly at its next legislative session. In addition, the CCUSL typically hosts one or more open meetings at the State Capitol to discuss proposed legislation and to finalize its legislative agenda. CCUSL meetings are posted on the CCUSL website and are open to the public.

At its November 30 meeting, the CCUSL voted to move the following three bills forward as part of its 2016 legislative agenda:

• Uniform Fiduciary Access to Digital Assets – This act ensures that holders of an electronic account (such as an e-mail or Facebook account) retain control of their digital assets and can plan for property disposition after their death. A digital asset is an electronic record in which a person has a right or an interest. Unless the account holder instructs otherwise, legally appointed fiduciaries will have the same access to digital assets that they have always had to tangible assets and the same duty to comply with the account holder’s instructions.
• Revised Uniform Athlete Agents Act – The Colorado General Assembly adopted the 2000 ULC Uniform Athlete Agents Act in 2008, and the act has been enacted in 42 other states. The revised act makes numerous changes, including expanding the definition of “athlete agent,” adding new requirements to the signing of an agency contract, and expanding notification requirements.
• Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act – This act provides for the enforcement of domestic violence protection orders issued by Canadian courts. Canada granted recognition to protection orders of the United States in the Uniform Enforcement of Canadian Judgments and Decrees Act.

The CCUSL will decide at its next meeting whether to introduce the following bills:

• Uniform Voidable Transactions Act Amendments (2014) – This act strengthens creditor protection by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors. The 2014 amendments to the UVTA address a small number of narrowly defined issues and are not a comprehensive revision of the act.
• Uniform Recognition of Substitute Decision-Making Documents Act – This act promotes portability of substitute decision-making documents created outside of the jurisdiction where the substitute decision is needed. Commonly used substitute decision-making documents include powers of attorney and proxy delegations for personal decision making.
• Revised Uniform Residential Landlord and Tenant Act – The original Uniform Residential Landlord and Tenant Act was last amended in 1974. This updated version includes new articles covering the disposition of tenant property, lease termination in case of domestic violence or sexual assault, and security deposits. It also allows for notice by e-mail and incorporates some common law decisions that interpreted provisions of the 1974 act.
• Uniform Trust Decanting Act – Decanting refers to the distribution of assets from one trust into a second trust. It can be useful in changing the outdated terms of an otherwise irrevocable trust, but it can also be abused. This act limits decanting when it would defeat a charitable or tax-related purpose and includes both a stricter set of rules that apply when discretion over distributions is to be limited and a more liberal set of rules that apply when that discretion has been expanded.

The CCUSL’s next meeting is scheduled for Tuesday, January 12, 2016, at 1:30 p.m. at the State Capitol.

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

For information on Colorado’s ULC connection, visit the Colorado Commission on Uniform State Laws (CCUSL) website.

Subscribe to the CCUSL mailing list to receive e-mail notifications about CCUSL meetings and upcoming meeting agendas.

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.

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.

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 the 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 General 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.

by Patti Dahlberg and Thomas Morris

Editor’s Note: This article is the second in a series on the Uniform Law Commission. The first article was posted on August 6, 2015.

The Uniform Law Commission (ULC), formerly known as the National Conference of Commissioners on Uniform State Laws (NCCUSL), was created as an offshoot of the American Bar Association in 1892. Since its inception, ULC commissioners have drafted more than 300 uniform and model acts. The ULC process is intentionally deliberative and open and designed to include many opportunities to question and discuss each proposed law — long before the law is considered ready for proposal to state legislatures across the country.

The ULC’s procedures are meant to ensure the meticulous and transparent consideration of each uniform and model act. Generally, each uniform and model act requires at least four years of development before the ULC adopts it, and it is not unusual for the work to take longer. After a proposal is studied for at least a year and approved for drafting, a Drafting Committee spends at least one year, and often two years, drafting and redrafting. Then the full ULC must consider the draft at a minimum of two annual meetings. The ULC draws on its commissioners’ expertise throughout the drafting process and welcomes input from legal experts, advisors, and observers representing the views of other legal organizations or interests.

The ULC process
The process for developing uniform and model acts starts with the ULC Scope and Program committee, which considers proposals and suggestions for new uniform or model acts from a variety of sources. Past sources have included bar associations, state government entities, private interest groups, uniform law commissioners, and private individuals. The Committee on Scope and Program may assign a suggested topic to a Study Committee, which then researches, reviews, and reports back on the proposal. The Committee on Scope and Program reviews all Study Committee recommendations and then makes final recommendations to the ULC’s Executive Committee regarding which proposals may be desirable and feasible to become uniform or model acts.

If the Executive Committee approves a recommendation to create or amend a uniform or model act, a Drafting Committee is formed from the roughly 400 ULC commissioners from around the country and a reporter-drafter – an expert in the field – is hired to assist the committee. In addition, advisors from the American Bar Association and other participating observers are solicited to assist every Drafting Committee.

Each draft act receives a minimum of two years of consideration. Drafting Committees meet throughout that period to use the expertise of the state-appointed commissioners, stakeholders, and other legal experts and observers. The Drafting Committee rewrites and reconsiders the draft as often as needed before the committee decides to bring the draft to the annual meeting of commissioners. Tentative drafts are not submitted to the entire ULC until they have received extensive committee consideration.

How does an act receive final ULC approval?
Draft acts are submitted for initial debate by the entire ULC at one of its annual conferences, usually held in July. Each act must be considered section by section, at no fewer than two annual meetings, by all commissioners sitting as a Committee of the Whole. With hundreds of trained eyes probing every concept and word, few drafts leave an annual meeting in the same form as initially presented.

Once the Committee of the Whole approves an act, it still must pass a “vote by the states” to be officially approved as a uniform or model act. Each of the 53 state and territorial delegations polls its members and then casts one vote per delegation. To pass this vote, the proposed act must be approved by either 20 delegations or a majority of the states and territories present at the conference, whichever is greater.

Once the act passes the final vote of the states, the act is considered finalized and ready for consideration by the states and territories. The ULC urges legislatures to adopt a uniform act exactly as written to promote uniformity in the law among the jurisdictions choosing to adopt the act. Model acts, however, are designed to serve as guidelines for legislation that states and territories can borrow from or adapt to suit their individual needs and conditions.

In addition to legislatures, the ULC usually presents ULC-approved acts to the House of Delegates of the American Bar Association for its endorsement.

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

For information on Colorado’s ULC connection, visit the Colorado Commission on Uniform State Laws (CCUSL) website.

The CCUSL is scheduled to meet on October 20, 2015, to continue discussing potential legislation for the 2016 session. CCUSL meeting schedules and agendas are available on the CCUSL website.

by Patti Dahlberg and Thomas Morris

The Uniform Law Commission (ULC), formerly known as the National Conference of Commissioners on Uniform State Laws (NCCUSL), was created as an offshoot of the American Bar Association and held its first convention in 1892. Every state has enacted a law to authorize the appointment of state representatives or “commissioners” to the ULC, each of whom must be an attorney. The commissioners meet annually to “consider state laws, determine in which areas of the law uniformity is important, and … draft uniform and model acts for consideration by the states.” By 1912, every state had designated commissioners and was participating in the ULC. Operating for more than 120 years, the ULC is the nation’s oldest state governmental association.

Since its inception in the 1890s, the ULC has drafted more than 300 uniform laws on numerous subjects and in various fields of law. Examples of uniform acts include the Uniform Commercial Code, Uniform Probate Code, Uniform Child Custody Jurisdiction Act, Uniform Partnership Act, Uniform Anatomical Gift Act, Uniform Limited Partnership Act, and Uniform Interstate Family Support Act. More than 100 uniform laws have been adopted by more than one state, and Colorado has enacted more than 100 uniform laws.

The ULC’s stated mission is to provide states with non-partisan, well-conceived, and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. Its goal is to simplify the legal life of businesses and citizens by providing rules and procedures that are consistent from state to state.

In addition, the ULC sees itself as an efficient mechanism benefitting all of the states, not only because the almost 400 commissioners are willing to donate their time and energy to the uniform law movement, but also because participation in the ULC represents a cooperative effort by all of the states. Equally important to the ULC is that it offers a means to strengthen the role of state law within the federal system. As new technology evolves and increasing mobility increases cross-boundary legal effects, consistency in rules and procedures becomes ever more critical.

The ULC and the uniform law process also:

• Provides rules and procedures that are more consistent from state to state but that also reflect the diverse experience of the individual states;
• Proposes statutes that are representative of state experience, because the organization is made up of representatives from each state and appointed by state governments;
• Helps to keep state laws up-to-date by addressing important and timely legal issues;
• Reduces the need for individuals and businesses to deal with different laws as they move and do business across state lines;
• Facilitates economic development and provide a legal platform for foreign entities to deal with U.S. citizens and businesses;
• Draws on the expertise of commissioners through a deliberative and open drafting process; and
• Incorporates input from legal experts, advisors, and observers representing the views of other legal organizations or interests.

Uniform law? Really?
Although called a “uniform law” and approved by the commissioners at their annual conference, a uniform law adopted by the ULC is not law anywhere in the United States. It is actually a legislative proposal addressed to 50 state and three territorial legislatures. As with any legislative proposal, a legislature may alter draft language to “fine tune” the proposed uniform law to better fit an individual state or territory’s current law or needs or other special local conditions. So even when considered “uniform,” there may be variances in the law from state to state. In addition, uniform laws, like all state laws, may be revised from time to time to keep up with changing conditions and policies within that state.

So what’s the point if uniform laws are not always uniform?
While uniformity is the original aim of the ULC and its process, law revision or reform has become a significant outcome as well. The ULC also considers topics for legislation where state-to-state variance does not create a serious problem for conducting business or interstate mobility. In addition, the ULC may consider proposals to bring certain state laws more up-to-date.

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 website of the Colorado Commission on Uniform State Laws (CCUSL).

by Gwynne Middleton

Interim committee season is just around the corner. This year ten committees will meet to study pressing issues during these months when the General Assembly is not in session. Chaired by legislators and staffed by the Legislative Council and the Office of Legislative Legal Services, each interim committee gathers information through meetings and tours held in the Capitol and throughout the state to inform legislative recommendations and potential bills for the upcoming session. Below you’ll find important details for each 2015 interim committee:

Important Dates and Deadlines for
Interim Committees and Task Forces

An interim committee that chooses to request bills must do so by Friday, October 2, 2015. The deadline for submitting drafting information to OLLS is Monday, October 5, 2015 (if the meeting to request bills is held on October 2), or by three days after the meeting when bills are requested for drafting. Thursday, October 22, 2015, is the deadline to finalize bill drafts for distribution to the interim committee and release for fiscal analysis. The deadline for distributing bill drafts and fiscal notes to the interim committee is Friday, October 30, 2015 (if the committee’s final meeting is held November 2), or three days before the final meeting at which the committee will take final action on bills. Finally, Monday, November 2, 2015, is the deadline by which an interim committee must approve final bill drafts.

For the first time this year, the LCS staff must prepare a fiscal note for each interim committee bill before the Legislative Council can consider the bill. Meeting the deadline schedule for requesting and finalizing bills will help ensure that each interim committee bill moves smoothly through the legislative review process.

For more information about meeting agendas and summaries for each committee, visit the Legislative Council’s helpful page on interim committees here, and if you’re interested in learning more about where interim committees come from, check out this Legisource article, “To Really Drill Down on an Issue, Consider Creating an Interim Study Committee.”

by OLLS Staff

The Legislative Council is scheduled to meet this Wednesday, October 15, to consider the legislation recommended by the interim committees that have met over the 2014 interim. Each of the bills that the Legislative Council approves will be introduced during the first month of the 2015 regular legislative session that convenes January 7, 2015.

Last week, we summarized the bills recommended by four of the 2014 interim committees. This week, we’re summarizing the recommendations of the Wildfire Matters Review Committee, the Marijuana Revenues Committee, and the Water Resources Review Committee.

Wildfire Matters Review Committee (WMRC)

The WMRC requested that the staff of the OLLS draft seven potential bills and one joint resolution. After one of the bill requests was withdrawn, the committee considered the six remaining bill concepts at its September 26, 2014, meeting. Ultimately, the WMRC approved the following five bills and one joint resolution as recommended legislation for the Legislative Council’s approval or disapproval:

Bill A “Concerning the continuation of funding for the wildfire risk reduction grant program.” In 2013, the General Assembly created the wildfire risk reduction grant program (Senate Bill 13-269) funded through the wildfire risk reduction fund. An initial transfer of $9.8 million was made from the general fund to the wildfire risk reduction fund as a result of that legislation. The bill directs the state treasurer to make another transfer of the same amount, effective July 1, 2015. The prime sponsors of the bill, which will be a Senate Bill if approved, are Senator Nicholson and Representative Exum.

Bill B “Concerning a grant program to promote the use of woody biomass as a fuel source for public buildings.” The bill promotes the use of woody biomass as a fuel source for public buildings by creating the woody biomass grant program, which is funded by an annual $1 million transfer from the general fund for five fiscal years. The executive director of the Department of Natural Resources will award grants to a public entity that will use woody biomass as a fuel source for a public building’s biomass energy system when either the use of the grant allows the public building to be cost-effective when compared with other fuels or the executive director reasonably believes that making the grant provides other substantial benefits as specified in rules. The bill specifies additional matters that must be included in the rules. The prime sponsors of the bill, which will be a Senate Bill if approved, are Senators Nicholson and Jones and Representative Exum.

Bill C “Concerning the status under the ‘Colorado Governmental Immunity Act’ of state employees conducting prescribed fire activity.” The bill clarifies that an employee of the state conducting prescribed fire activity who has been officially certified or recognized by the state as being able to conduct activity and who is acting within the course and scope of his or her employment is covered by existing sovereign immunity provisions except where the employee’s act or failure to act giving rise to the claim of injury was willful or wanton. The prime sponsors of the bill, which will be a House Bill if approved, are Representative Hamner and Senator Roberts.

Bill D “Concerning nongovernmental volunteer fire departments in Colorado, and, in connection therewith, enacting the ‘Volunteer Fire Department Organization Act’.” To assist areas that currently lack full-time fire protection services, the bill sets forth a framework to establish and maintain volunteer fire departments that are recognized by the Division of Fire Prevention and Control in the Department of Public Safety. The bill also makes available grants for technical and funding assistance for the establishment of volunteer fire departments recognized by the division. The prime sponsors of the bill, which will be a House Bill if approved, are Representatives Buck and Hamner and Senator Roberts.

Bill E “Concerning the classification of agricultural land when the land is destroyed by a natural cause.” The bill specifies that, if agricultural land is destroyed by a natural cause on or after January 1, 2014, and, were it not for the destruction, the land would have qualified as agricultural land for the following property tax year, the agricultural land classification will remain in place for the year of destruction and the four subsequent property tax years unless certain exceptions apply. The prime sponsors of the bill, which will be a House Bill if approved, are Representatives McLachlan and Hamner and Senator Roberts.

Resolution A “Concerning requests to the federal government regarding support for wildland fire suppression.” This joint resolution asks the federal government to:

(1) Create a separate fire suppression line item in the federal budget; and
(2) Purchase and deploy additional aerial firefighting equipment to assist in fighting wildfires across the country.

The prime sponsors of the resolution, which will be a House Joint Resolution if approved, are Representative Exum and Senator Roberts.

Other committee action. In addition to considering the above legislation, the WMRC approved a letter to the Joint Budget Committee describing the WMRC’s recommendations for funding various wildfire mitigation efforts. Moreover, in accordance with Senate Bill 14-164, the WMRC considered creating a statutory wildland and prescribed fire advisory commission (WAPFAC) under the Division of Fire Prevention and Control in the Department of Public Safety. The WMRC decided not to recommend codification of the current gubernatorial WAPFAC and, pursuant to SB14-164, communicated this recommendation in a letter to the House Agriculture, Livestock, and Natural Resources Committee and the Senate Agriculture, Natural Resources, and Energy Committee.

Marijuana Revenues Committee (MRC)

The MRC met four times during the 2014 interim. Legislative and executive branch staff briefed the committee regarding the most recent retail marijuana revenue forecast as well as the retail marijuana market, retail marijuana tax revenue collections, and regulation of the retail market. The MRC also heard presentations from representatives from various state agencies and non-profit entities that received moneys from marijuana taxes or fees for the 2014-15 fiscal year. The MRC approved the following two bills as recommended legislation for the Legislative Council’s approval or disapproval:

Bill A “Concerning marijuana issues that are not regulated by the department of revenue.” The bill requires the following in connection with medical marijuana:

• The Colorado medical board must adopt rules regarding guidelines for physicians who make medical marijuana recommendations for patients suffering from severe pain;
• The state health agency must adopt rules regarding guidelines for primary caregivers to give informed consent to patients that the products they cultivate or produce may contain contaminants and that the THC levels are not verified;
• All primary caregivers must register with the state health agency and the state medical marijuana licensing authority (licensing authority). A primary caregiver who is not registered must register within 10 days after being informed of the duty to register. If a person fails to register within this time, the state health agency and licensing authority will prohibit the person from ever registering and acting as a primary caregiver; and
• The licensing authority and the state health agency must share the minimum amount of information necessary to ensure that a medical marijuana patient has only one caregiver and is not using a primary caregiver and a medical marijuana center.

In addition, the bill permits the money in the marijuana tax cash fund to be used to fund the implementation of any bills approved by the MRC. The prime sponsors of the bill, which will be a Senate Bill if approved, are Senator Aguilar and Representative Singer.

Bill B “Concerning the authority of certain local governments to implement specified taxes on retail marijuana subject to approval by the eligible electors of the local government.” Currently, a county or municipality that allows the sale of retail marijuana may levy the standard county or municipal sales tax on the sale of retail marijuana in addition to the state retail marijuana sales tax and the state retail marijuana excise tax. The bill clarifies that counties and municipalities are authorized, subject to voter approval, to levy, collect, and enforce a sales tax on all sales of retail marijuana and retail marijuana products by a retailer, in addition to any sales tax imposed by the state or by the county or municipality as applicable.

In addition, the bill authorizes, subject to voter approval, a county and a municipality to levy, collect, and enforce an excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility, in addition to any sales tax that the state or the county or municipality imposes, as applicable, and in addition to the state excise tax imposed on retail marijuana.

The Department of Revenue may not collect, administer, or enforce a retail marijuana sales tax or excise tax imposed by a county or municipality. Instead, the county or municipality that imposes the tax must collect, administer, and enforce the tax.

A county or municipality in which the eligible electors approve an additional retail marijuana sales tax or excise tax may credit the revenues collected from the taxes to the county’s or municipality’s general fund or to any special fund created in the county’s or municipality’s treasury. The governing body of a county or municipality may use the revenues collected from the taxes for any purpose as determined by the governing body or the electors of the county or municipality, as applicable. The prime sponsor of the bill, which will be a House Bill if approved, is Representative Singer.

Water Resources Review Committee (WRRC)

The WRRC met six times and took three tours during the 2014 interim. At its meetings, the committee received briefings on major water issues affecting the state, including planning for future water needs, funding needs for state water agencies and water projects, municipal outdoor water consumption, regulation of groundwater use, and the development of a Colorado Water Plan. In accordance with SB14-115, the WRRC also held nine public meetings, one in each geographic region associated with a basin roundtable, to collect feedback from the public on the draft Colorado Water Plan.

The WRRC requested the OLLS staff to draft 10 bills. Ultimately, three bills were withdrawn and, on September 30, 2014, the committee recommended the following six bills to the Legislative Council for approval:

Bill A “Concerning the promotion of water conservation in the land use planning process.” The bill directs the Colorado Water Conservation Board (CWCB), in consultation with the Division of Planning in the Department of Local Affairs, to develop and provide free training programs for local government water use, water management, and water conservation. The CWCB must also recommend best management practices regarding how to better integrate water demand management and conservation planning into land use planning. The CWCB and the Colorado Water Resources and Power Development Authority, in determining whether to provide financial assistance to a local governmental water supply entity, must consider whether the entity’s planners, if the entity has any, have taken the training and are actively applying the training in their planning decisions. The prime sponsors of the bill, which will be a Senate Bill if approved, are Senator Roberts and Representative Vigil.

Bill B “Concerning incentives for precipitation harvesting.” The bill expands the types of projects that are eligible for precipitation harvesting pilot projects to include the redevelopment of residential housing or mixed uses and new or redeveloped multi-building nonresidential property. The CWCB will update its approval criteria that sponsors of precipitation harvesting pilot projects can use for substitute water supply and augmentation plans. The bill reduces the amount of water required for a project’s temporary substitute water supply plan and permanent augmentation plan by the amount of historical natural depletion caused by the preexisting natural vegetative cover and evaporation on the surface of the area made impermeable as part of the pilot project. It also specifies that a project’s temporary retention of storm water for the purpose of improving water quality is not subject to an order of the State Engineer or division engineers, if the retention complies with the CWCB’s criteria and guidelines and the applicable requirements of the state’s water quality laws. The prime sponsor of the bill, which will be a House Bill if approved, is Representative Coram.

Bill C “Concerning augmentation requirements for wells withdrawing water from the Dawson aquifer.” Current law specifies that, beginning July 1, 2015, augmentation requirements for withdrawing water from the Dawson Aquifer must be based on actual aquifer conditions. The bill repeals this requirement, thereby continuing current law, which requires replacing actual out-of-priority depletions to the stream. Replacing post-pumping depletions is required only if necessary to compensate for injury. The prime sponsor of the bill, which will be a Senate Bill if approved, is Senator Hodge.

Bill D “Concerning the implementation of recommendation number one set forth in the study of the South Platte river alluvial aquifer prepared by the Colorado water institute pursuant to House Bill 12-1278.” The bill requires the CWCB, in consultation with the State Engineer, to administer two pilot projects in the geographic areas of Gilcrest/LaSalle and Sterling to evaluate alternative methods of lowering the water table in areas that are experiencing damaging high groundwater levels. It also authorizes the State Engineer to review an augmentation plan submitted to a water court if it includes the construction of a recharge structure. The water court may approve the augmentation plan only if the State Engineer approves or proposes changes to the operation and design of the proposed recharge structure. The prime sponsor of the bill, which will be a House Bill if approved, is Representative Coram.

Bill E “Concerning the establishment of a grant program for the management of invasive phreatophytes.” The bill establishes a five-year grant program for managing invasive phreatophytes, which are deep-rooted plants that consume water from the water table or the layer of soil just above the water table. The bill also creates the Invasive Phreatophyte Grant Program Account in the Noxious Weed Management Fund. The Department of Agriculture administers the grant program under its authority to manage noxious weeds. To qualify for a grant, an applicant must propose a project for managing invasive phreatophytes that uses best management practices. The prime sponsor of the bill, which will be a House Bill if approved, is Representative Coram.

Bill F “Concerning the appellate process governing a district court’s review of final agency actions concerning groundwater.” Under the bill, a district court that reviews a decision or action of the Ground Water Commission or the State Engineer on appeal may consider only the evidence originally presented to the commission or the State Engineer. The prime sponsors of the bill, which will be a Senate Bill if approved, are Senator Jones and Representative Coram.

by OLLS Staff

Several interim committees have met during the 2014 interim to examine a wide range of topics. They are wrapping up their work in the next couple of weeks and preparing recommendations for legislation that they will submit to the Legislative Council. This week, we’re summarizing the bills approved by the Transportation Legislation Review Committee, the Police Officers’ and Firefighters’ Pension Commission, the Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems, and the Early Childhood and School Readiness Legislative Commission.

Transportation Legislative Review Committee (TLRC)

The TLRC requested that the staff of the OLLS draft five potential bill concepts; considered three of the requested drafts at its September 9, 2014 meeting; and approved the following two bills as recommended legislation for the Legislative Council’s approval or disapproval:

Bill A “Concerning authorization for firefighter license plates to be issued for motorcycles.” The bill directs the Colorado department of revenue to issue firefighter license plates for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed 16,000 pounds empty weight. Currently, the department issues this plate for all of the listed vehicles except motorcycles. The prime sponsors of the bill, which will be a House Bill if approved, will be Representative Tyler and Senator Todd.

Bill B “Concerning funding for the safe routes to schools program.” For the 2015-16 fiscal year, the bill requires the Colorado department of transportation to award grants under the safe routes to school program using state money available to the department in a total amount of at least $3 million. The required total amount is reduced by the amount of any federal moneys received by the department for the program. Current law requires the department to award at least 20% but not more than 30% of the state grant money for noninfrastructure programs. The prime sponsors of the bill, which will be a House Bill if approved, will be Representatives Tyler and Mitsch Bush and Senator Todd.

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

The legislative oversight committee considered and approved one bill as recommended to them by the task force concerning treatment of persons with mental illness in the criminal and juvenile justice systems.

Bill A “Concerning competency to proceed for juveniles involved in the juvenile justice system.” The bill changes the definition of “incompetent to proceed” and addresses the evaluation of competency to proceed for juveniles involved in the juvenile justice system. A subgroup of the task force, which included representatives from the district attorney’s office, the office of the public defender, the division of behavioral health, forensic psychology, the office of the child’s representative, and social workers, worked for several months to develop a definition of “incompetent to proceed” that allows the differences between juveniles and adults to be factored into a determination-of-competency evaluation. Updated definitions for “developmental disability”, “intellectual disability”, “mental capacity”, and “mental disability” are included in the bill. The prime sponsors of the bill, which will be a House Bill if approved, will be Representative Rosenthal and Senator Newell.

Police Officers’ and Firefighters’ Pension Reform Commission (Commission)

The Commission met once during the 2014 interim for an annual briefing from the Fire and Police Pension Association (FPPA) and to consider five bills recommended by the FPPA Board of Directors (Board) for introduction during the 2015 legislative session. Based on the Board’s recommendations, the Commission approved the following bills as recommended legislation for the Legislative Council’s approval or disapproval:

Bill A “Concerning the transfer of an individual’s retirement funds to the statewide defined benefit plan administered by the fire and police pension association.” Current law allows a member of the FPPA to roll over distributions from an eligible pension plan to the statewide defined benefit plan administered by the FPPA for other employment that isn’t covered by the statewide defined benefit plan. But, current law treats these roll overs as a purchase of service credit. The bill authorizes a separate process for a member to be granted service credit upon a qualified transfer of funds from an eligible pension plan for other employment that is not covered by the statewide defined benefit plan and maintains the current process for the purchase of service credit. The bill specifies that the Board will award service credit to the member in an amount that the Board calculates on an actuarially equivalent basis. The prime sponsors of the bill, which will be a Senate Bill if approved, will be Senator Jones and Representative Melton.

Bill B “Concerning additional authority of the board of directors of the fire and police pension association to assess administrative charges.” The bill authorizes the Board to promulgate rules for assessing interest on unpaid contributions to statewide plans, which rules may allow for the waiver of interest due for good cause. The interest rate will be one-half of one percent per month. The Board may also assess the individual plans administered by the FPPA with the reasonable actuarial, audit, and operational costs that the FPPA incurs in complying with regulatory requirements and that are attributable to each plan. The prime sponsors of the bill, which will be a Senate Bill if approved, will be Senator Ulibarri and Representative Court.

Bill C “Concerning the contribution rate for participants beginning membership in the fire and police pension association’s statewide defined benefit plan.” This bill specifies the contribution rate for an active employee of a municipality, fire protection district, fire authority, or fire improvement district who is directly involved in providing police or fire protection and who becomes a participant in the statewide defined benefit plan administered by the FPPA because of a merger, consolidation, or exclusion or dissolution proceeding among one or more employers. The contribution rate for these employees is the continuing uniform rate of contribution that the Board establishes as directed by statute. The prime sponsors of the bill, which will be a Senate Bill if approved, will be Senator Balmer and Representative Ginal.

Bill D “Concerning requirements for employee participation in a plan administered by the fire and police pension association.” A municipality that offers police or fire protection service and a special district, fire authority, or county improvement district that offers fire protection service (employer) must provide to its employees the pension benefits of the statewide defined benefit plan (defined benefit plan) administered by the FPPA. Currently, the department chief of a fire or police department may be exempt from the defined benefit plan upon written agreement and notice to the FPPA. The bill clarifies that, if a chief opts out of the defined benefit plan, federal law requires that the chief participate in either social security or a federal insurance contribution act (FICA) replacement plan. And, if a chief opts for a FICA replacement plan, the chief may participate in an employer-sponsored plan, the statewide money purchase plan, or the statewide hybrid plan. A chief who elects to become exempt from the defined benefit plan must participate in a plan with a contribution rate of at least 16% if the chief wants to maintain coverage in the statewide death and disability plan. In addition, currently, an employer that participates in the social security supplemental plan may also elect coverage under the statewide death and disability plan. Beginning January 1, 2017, an employer that elects coverage under the statewide death and disability plan must also participate in the social security supplemental retirement plan. The prime sponsors of the bill, which will be a Senate Bill if approved, will be Senator Balmer and Representative Ginal.

Bill E “Concerning a study of volunteer firefighter pension plans in the state.” The state auditor, in cooperation with the FPPA and the Department of Local Affairs (DOLA), must contract with a nationally recognized law firm with experience in federal tax law as it relates to public sector pension plans to study specified issues regarding the legal status of the volunteer firefighter pension plans in the state. The law firm must deliver a report detailing the findings of the study to the state auditor, FPPA, DOLA, and the Commission. The bill requires the state auditor, FPPA, and DOLA, upon receiving the report, to work collectively to develop recommendations for the General Assembly regarding changes to the system of volunteer firefighter pension plans based on the information contained in the report. The Commission must meet after it receives the report to hear a presentation of the report from a representative of the law firm and to hear a presentation from the state auditor’s office, FPPA, and DOLA regarding recommendations for the volunteer firefighter pension plans in the state. The Commission must discuss the presentations and, after hearing input from relevant stakeholders, decide whether to propose legislation relating to the funding and structure of the volunteer firefighter pension plans. The prime sponsors of the bill, which will be a Senate Bill if approved, will be Senator Ulibarri and Representative Melton.

Early Childhood and School Readiness Legislative Commission (ECSRLC)

The ECSRLC met four times during the interim to hear presentations and discuss several aspects of and policies related to early childhood care and education, including tax credits, professional development for early childhood education providers, family resource centers, and the family, friends, and neighbors programs for early childhood care. In addition, five working groups met to discuss specific aspects of early childhood care and education more in depth. The ECSRLC requested the OLLS staff to draft four bills. Ultimately, one was withdrawn and the Commission recommended the following three bills to the Legislative Council for approval:

Bill A “Concerning the treatment of child support for purposes of the Colorado works program.” When a person receives assistance through the Colorado works program, the person must assign the right to receive child support to the state as partial reimbursement for the assistance the person receives. The bill requires the department of human services to pass through to the person the amount of current child support that it collects as a result of the assignment. The department will report the amount of the pass through to the joint budget committee. The amount of child support that the person receives will not be counted as income for purposes of calculating the person’s basic cash assistance payment. The prime sponsors of the bill, which will be a Senate Bill if approved, will be Senators Kefalas and Marble and Representative Pettersen.

Bill B “Concerning the creation of an income tax credit for certain early childhood education providers.” For income tax years commencing on or after January 1, 2015, the bill allows an income tax credit to a taxpayer who is an early childhood education provider if:

• • The taxpayer holds a Colorado early childhood professional credential issued by the department of education; and
  • The taxpayer:
    • Is employed, and has been employed for at least six months, by a child care center that accepts children through the Colorado child care assistance program; or
    • Is a licensed family child care home provider who has been doing business for at least six months.

The amount of the income tax credit varies from $1,600 to $2,500 depending on the level of credential that the taxpayer holds. If the income tax credit is more than the amount of income taxes due, the department of revenue will refund to the taxpayer the amount of the credit that is not used. The prime sponsors of the bill, which will be a House Bill if approved, will be Representative Pettersen and Senator Todd.

Bill C “Concerning increasing the number of students enrolled in the Colorado preschool program as preschool students.” Starting in the 2015-16 budget year, the bill increases by 3,000 the number of students who can participate in the Colorado preschool program as either half-day or full-day preschool students. The prime sponsors of the bill, which will be a House Bill if approved, will be Representative Pettersen and Senators Kefalas and Todd.