1995 Colorado Bar Association Legislative Update
| Jurisdiction | Colorado,United States |
| Citation | Vol. 24 No. 8 Pg. 1808 |
| Pages | 1808 |
| Publication year | 1995 |
1995, August, Pg. 1808. 1995 COLORADO BAR ASSOCIATION LEGISLATIVE UPDATE
Vol. 24, No. 8, Pg. 1808
1995 COLORADO BAR ASSOCIATION LEGISLATIVE UPDATE
Administrative Law 1810
Agricultural Law 1810
Commercial and Corporate Law 1811
Courts and Litigation 1814
Criminal Law and Procedure 1816
Election Law 1819
Environmental Law 1820
Family Law 1821
Government Law 1821
Health Law 1822
Insurance Law 1824
Juvenile Law 1825
Labor Law and Industry 1825
Mineral Law 1826
Motor Vehicle and Traffic Law 1827
Probate and Trust Law 1828
Real Estate Law 1829
Taxation Law 1830
Water Law 1831
This publication was produced by Catherine Kearney and
Michael Valdez for the Colorado Bar Association
("CBA") as a free service to CBA members. The CBA
employs a full-time Director of Legislative Relations who is
charged with representing CBA interests at the Colorado
legislature
The CBA legislative program consists of introducing bills of
interest to the Bar Association as well as reacting to bills
introduced by others which impact jurisprudence and the
practice of law in this state
The CBA's legislative policy is set by the Board of
Governors, which is a governing body consisting of attorneys
elected by their peers throughout the state. The Board meets
quarterly. In the event legislative action needs to be taken
between Board meetings, the Legislative Policy Committee is
empowered to act on behalf of the CBA. The Legislative Policy
Committee consists of the CBA President, President Elect, and
eight other appointed members.
The CBA Legislative Relations Department produces a weekly
publication during the session of the General Assembly. This
publication, the CBA Hotline, is available
to all CBA members and the public at large on a subscription
basis.
The abbreviations "SB" and "HB" refer to
"Senate Bill and "House Bill" respectively.
Numerical references are either to existing or new sections
of the Colorado Revised Statutes. The primary sponsor of the
bill is listed as well as the primary sponsor in the opposite
house, followed by the C.R.S. citation.
The Legislative Update is not intended to be a comprehensive review of all legislation passed, but only to alert practitioners to new legislation of general interest to attorneys. For more information on specific bills, please contact Michael A. Valdez, Director of Legislative Relations at the Colorado Bar Association, 1990 Grant Street, Suite 950, Denver, Colorado 80203 or call (303) 860-1115 or 1-800-332-6736.
SB 007 - Concerning Regulation of Podiatrists by the
Colorado Podiatry Board. Mutzebaugh/Agler
(12-32-102) Extends the regulatory authority of the Colorado
podiatry board. Sets the amount of liability insurance
required for lawful practice of podiatry in Colorado. Exempts
those who execute a written affidavit attesting that they
will not perform surgical procedures. Expands definition of
unprofessional conduct. Provides that at the close of an
investigation into allegations of unprofessional conduct, if
the instance does not warrant formal action, the board will
issue a confidential letter of concern. Allows the board to
establish reinstatement criteria for those persons whose
license has lapsed more than two years. EFFECTIVE July 1,
1995.
SB 199 - Concerning Repeal of the Scheduled Transfer
of Workers' Compensation Administrative Law
Judges. Ament/Anderson (8-47-101) Repeals the
statute which would have transferred workers'
compensation administrative law judges from the division of
administrative hearings in the department of administration
to the labor and employment department's division of
workers' compensation. EFFECTIVE May 16, 1995.
SB 005 - Concerning the Regulatory Authority of the
Department of Agriculture Under the "Measurements
Standards Act of 1983." Schroeder/Knox
(35-14-102, et seq.) Continues the licensing functions of the
department of agriculture under the "Measurements
Standards Act of 1983." Eliminates provisions applying
to moisture-testing devices. Adopts the National Institute of
Standards and Technology standards for weighing and measuring
devices and requires all commercial devices to have a
certificate of conformance issued by the Institute.
Eliminates the good moral character and U.S. citizenship
prerequisites for certified weigher positions. Replaces
device sales agent license provisions with certification
provisions. Allows the commissioner of agriculture to deny
license applications and to discipline license and
certificate holders. Requires the commissioner of the
department of agriculture to establish metrology fees based
on the cost of providing service. Defines cost and eliminates
fee-setting language. EFFECTIVE July 1, 1995.
SB 018 - Concerning Trade Practices in the Farm
Equipment Industry. Ament/Moellenberg (35-38-101, et
seq.) Repeals and reenacts the "Colorado Farm Equipment
Fair Dealership Act" with amendments. Defines key terms
such as "dealer" and "supplier." Sets
forth actions that are a violation under the act such as a
supplier's termination, cancellation or failure to renew
a dealership agreement without good cause. Specifies the
circumstances constituting good cause. Specifies how a dealer
agreement may be terminated. Requires that a supplier
repurchase remaining inventory and supplier-required data
processing hardware and software. Requires suppliers to allow
the transfer of a dealership to a dealer's family or
another qualified person upon death or incapacity of the
dealer. EFFECTIVE May 2, 1995.
SB 120 - Concerning Procedural Changes in the
Operation of the Entities Authorized by State Law to Regulate
Conservation of Soil Under the "Colorado Soil
Conservation Act." Ament/Entz (35-70-104)
Changes the requirements for qualified voters and electors in
soil conservation district elections. Alters the number,
composition, qualifications and terms of office for soil
conservation district supervisory boards. Allows alteration,
amendment, addition or repeal of district bylaws with a
petition of 3 percent or fifty of the qualified voters of the
district (whichever is less). Calls for the filing of a
certificate of withdrawal with
the county clerk and recorder upon withdrawal of a parcel of
land from a soil conservation district. Requires the land
owner to pay any associated fees. EFFECTIVE July 1, 1995.
SB 230 - Concerning the Unlawful Alteration of
Livestock by Tampering or Sabotage. R. Powers/ OOwen
(18-9-207) Makes tampering with or sabotaging livestock
within Colorado a class 6 felony punishable by fines of
$1,000 to $100,000 dollars. Included among the illegal acts
is the use of cosmetics, cosmetic surgery, hairpieces,
controlled substances, growth hormones, or diuretics in an
effort to conceal the true condition, conformation,
configuration, age, and/or mental or physical well being of
an animal engaged in or raised for exhibition, show or sale.
In addition to the assessment of fines, a photograph of
persons convicted of violating the provisions of this act
will be made available to newspapers and trade journals.
EFFECTIVE May 31, 1995.
HB 1005 - Concerning the Licensing Function of the
Department of Agriculture Under the "Slaughter,
Processing, and Sale of Meat Animals Act."
George/Schroeder (35-33-104) Continues the department of
agriculture's licensing function with respect to the
slaughter, processing, and sale of meat animals. Removes the
40-degree temperature requirement for meat storage and lets
the department specify temperature by rule. Authorizes the
department to adopt rules regarding food plan operators and
meat sales. Makes it illegal to sell adulterated or diseased
meat and establishes the penalties for doing so. EFFECTIVE
July 1, 1995.
HB 1054 - Concerning the Enforcement Authority of the
Department of Agriculture, and in Connection Therewith,
Establishing Civil Penalties and Authorizing the Issuance of
Cease and Desist Orders and the Issuance of Injunctions by
the Courts to Enforce Provisions Governing the "Colorado
Agricultural Marketing Act of 1939" and
Livestock. Taylor/Wattenberg (35-50-145.1) Increases
the enforcement authority of the state agricultural
commission and the commissioner to enforce laws related to
the "Colorado Agricultural Marketing Act of 1939,"
livestock disease prevention, manufacture and sale of animal
biological products, and the feeding of garbage to hogs.
Authorizes the assessment of civil penalties and the issuing
of cease and desist orders and injunctions. EFFECTIVE May 23,
1995.
SB 091 - Concerning Filings to Perfect Security
Interests, and, in Connection Therewith, Creating a Central
Indexing System. Schroeder/Chlouber (4-9-402, et
seq.) Excepting those circumstances in which the collateral
to be used is agricultural equipment, timber to be cut or
minerals to be extracted, all filings to perfect security
interests pursuant to the "Uniform Commercial Code -
Secured Transactions" may be filed with either a county
clerk and recorder or the secretary of state, regardless of
the type of collateral. Eliminates the provision which states
that a filing made in good faith but in the wrong place or
not in all of the required places is effective to the extent
it does comply with requirements. Eliminates numerous
signature requirements and assignment/release statement
requirements. Establishes a time frame in which continuation
statements lose their perfection or priority rights. Creates
a central indexing system within the department...
To continue reading
Request your trial