1975, October, Pg. 1937. 1975 LEGISLATIVE DIGEST.

• Author: by Sheldon E. Friedman

4 Colo.Law. 1937

Colorado Lawyer

1975.

1975, October, Pg. 1937.

1975 LEGISLATIVE DIGEST

1937Vol. 4, No. 10, Pg. 19371975 LEGISLATIVE DIGESTby Sheldon E. FriedmanThe following digest of 1975 legislation of importance to lawyers was prepared by Sheldon Friedman. A chapter reference to the 1975 Session Laws appears for each entry in the digest.

Bill No.SubjectSess. Law Chap. No.SummaryH.B. 1482 Children's Code---child abuse, 177 Rewrites the law relating to child abuse to provide a more comprehensive system of reporting same.H.B. 1509 Children's Codevenue of court proceedings. 176 Minor changes in terminology are made with respect to the authority of the court to order a change of venue in proceedings under the Children's Code involving alleged violations occurring in a county other than where the child resides. Also allows jurisdiction over a juvenile on probation to be transferred to another court.H.B. 1365 Commercial transactions---Uniform Commercial Code---transfer of title on livestock. 58 Defines "livestock" to include horses, mules, registered cattle, range cattle, cattle with one or more Colorado recorded brands and sheep. Provides that, when livestock have been delivered under a contract of sale title does not pass to the buyer until payment is made and that the buyer has no power to pass good title to a good faith purchaser for value if on the brand inspection certificate or a memorandum thereof the seller conspicuously notes that consideration for the livestock has not been received.S.B. 69 Consumer affairs---deceptive trade practices. 62 Makes advertising concerning a guarantee for goods and services a deceptive trade practice if the nature and extent of the guarantee are not disclosed.H.B. 1087 Consumer affairs---Consumer Credit Code---legal of interest, 61 Increases the legal rate of interest from 6 to 8 percent including the rate of interest rate which creditors unless otherwise agreed or provided by law are allowed to receive.1938Bill No.SubjectSess. Law Chap. No.SummaryH.B. 1349 Consumer affairs---Consumer Credit Code---miscellaneous amendments. 60 Makes miscellaneous amendments to the "Uniform Consumer Credit Code" some of which reflect recent changes in federal law and incorporates modifications made by the National Conference of Commissioners on Uniform State Laws. Other amendments are made to benefit consumers or to reflect modern commercial practice. A review of this amendment is recommended.H.B. 1427 Consumer affairs---Consumer Credit Code---discrimination based on marital status prohibited. 59 Prohibits discrimination based on the marital status of the applicant in consumer credit transactions under the Uniform Commercial Credit Code.H.B. 1634 Consumer affairs---Repeal of Fair Trade and Unfair Cigarette Sales Act. 63 Repeals all the law relating to the "Fair Trade Act" and the "Unfair Cigarette Sales Act" thereby eliminating restraints on competition.H.B. 1690 Consumer affairs---unsolicited goods. 64 Provides that in the absence of an agreement to the contrary a person may refuse delivery of unsolicited goods and is not bound to return them. Provides that if such goods are either addressed to or intended for the recipient they are to be deemed a gift and he may use them or dispose of them as he sees fit.S.B. 62 Courts---interest rate on damages. 151 Sets the interest rate on damages assessed in actions brought to recover damages at 9 percent per annum for actions filed on or after July 1, 1975 and at the legal rate for actions filed prior to said date and provides such damages shall be calculated to the date of satisfaction of the judgment.S.B. 66 Courts---jurisdiction of county courts. 147 Raises the monetary limitation for original jurisdiction of county courts from $500 to $1,000 in civil actions and in actions of forceable entry, detainer, or unlawful detainer.S.B. 88 Courts---docket fees in civil actions in District Courts. 156 Increases the docket fees for civil actions brought in District Court as follows: For each plaintiff, petitioner, third party plaintiff or party filing a cross-claim or counterclaim, from $25 to $40; for each appellant, from $20 to $30; and for each appellee and each defendant or respondent not filing a cross-claim or counter-claim from $12.50 to $20.1939Bill No.SubjectSess. Law Chap. No.SummaryS.B. 114 Counts---municipal. 150 Provides that municipal court facilities may be located outside the municipality or county if located reasonably close to the municipality.S.B. 225 Courts---forceable entry and detainer. 157 Extends from 7 to 10 days the time in which a defendant may file an answer to a complaint in an unlawful detainer action.S.B. 390 Courts---county, docket fees. 155 Increases the docket fees in civil and criminal actions in the county courts from $6 to $8.H.B. 1073 Courts---settlement or release of liability. 153 Prohibits the obtaining of a statement obtaining a general release of liability or the negotiation of a settlement with an injured person by a person whose interest is adverse to the injured person within 15 days of the occurrence of an injury which might give rise to a liability. Any release or agreement obtained improperly is void and non-admissible in court. Exempts, however, statements obtained by police officers in the course of their employment.H.B. 1231 Courts---Court of Appeals jurisdiction. 144 Changes judicial review of the actions of the Colorado State Board of Medical Examiners from the District Court to the Court of Appeals.H.B. 1 292 Courts---dissolution of marriage---notice of decree. 159 Directs the clerk of the court to give notice of a decree of dissolution to State Registrar of Vital Statistics and the Division of Administration and the Department of Health rather than to the County Clerk and Recorder of appropriate official in another jurisdiction.H.B. 1493 Courts and court procedure---damages---comparative negligence. 152 Provides that in a civil action in which contributory negligence is an issue, a trial court must instruct the jury on the effect of the jury's finding as to the degree of negligence of each party. The counsel for each party may argue the effect of the instruction on the facts which are before the jury.1940Bill No.SubjectSess. Law Chap. No.SummaryH.B. 1669 Courts and court procedure---Uniform Arbitration Act. 154 Expressly validates arbitration agreements and provides procedures for judicial assistance when one party refuses to proceed with arbitration. Allows a court to appoint arbitrators if such are not provided for in an arbitration agreement or the agreed method fails. Procedures are also established.H.B. 1701 Courts---Probate Code---miscellaneous amendments. 160 Makes numerous amendments to the Colorado Probate Code. To summarize same is too cumbersome and a review of all amendments thereto is strongly recommended.S.B. 100 Crimes---escape---persons of unsound mind---extradition. 174 Creates criminal penalties for escape by persons under confinement as a result of having entered a plea involving insanity or incompetency in response to a criminal charge.S.B. 168 Crimes---blood alcohol content---vehicular assault or homicide. 170 Extends the statutory presumptions concerning blood alcohol content used for proof of driving under the influence, to the felony offenses of vehicular homicide and vehicular assault.S.B. 198 Crimes---fraud and charitable solicitations. 173 Defines the crimes of charitable fraud as the solicitation of contributions for charitable organizations or purposes while not intending that such organization or purpose benefit thereby, the use of the name of another person or...