2004 Cba Legislative Update
| Publication year | 2004 |
| Pages | 33 |
2004, August, Pg. 33. 2004 CBA Legislative Update
Vol. 33, No. 8, Pg. 33
The Colorado Lawyer
August 2004
Vol. 33, No. 8 [Page 33]
August 2004
Vol. 33, No. 8 [Page 33]
Features
2004 CBA Legislative Update
TABLE OF CONTENTS
Agricultural Law.......................................34
Business Law: Commercial and Corporate..34
Courts and Litigation ................................37
CriminalLaw and Procedure...................... 40
Family Law .............................................43
Financial Institutions ................................43
Government: City, County, and State ........46
Health and Human Services .....................50
Insurance ...............................................52
Juvenile Law........................................... 55
Labor and Industry.................................. 57
Motor Vehicle and Traffic Law.................... 57
Natural Resources.................................... 60
Probate, Trusts, and Estates..................... 60
Professions and Occupations.................... 60
Real Estate and Construction Law..............61
Public Utilities..........................................61
Taxation Law............................................61
Transportation Law............................ 63
Water Law............................ 63
Workers' Compensation Law.................... 64
INTRODUCTION
This Legislative Update was produced by 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 that 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
three times each year. 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, Immediate Past-President, and eight
appointed members.
For an electronic copy of the Legislative Update, visit the
CBA home page at http://www.cobar.org.
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 second house.
NOTICE
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 Valdez, Director of Legislative Relations at
the Colorado Bar Association, 1900 Grant Street, Suite 900,
Denver, Colorado 80203; (303) 860-1115 or (800) 332-6736; or
e-mail: mavaldez@ cobar.org.
ACKNOWLEDGEMENT
A special thank-you is extended to the Office of Legislative
Legal Services,
in particular to Charley Pike and Kathy Zombrano, for their
contributions to this effort.
Agricultural Law
SB 193 - Concerning the authority of the Department of
Agriculture to promulgate rules to specify the class of
strawberries allowed for production of nursery stock in the
state. By Sen. Entz/Rep. Salazar. Grants authority to the
department of agriculture to promulgate rules concerning the
class of strawberries allowed for production in the state and
the geographical locations where each class may be produced.
Effective August 4, 2004, unless a referendum petition is
filed.
HB 1015 - Concerning the authorization of specified persons
to obtain drugs commonly used in connection with animal
control activities, and making an appropriation therefor. By
Rep. Pommer/ Sen. Johnson. Authorizes a humane society that
is duly registered with the secretary of state and has been
in existence and in business for at least 5 years in this
state as a nonprofit corporation, and an animal control
agency that is operated by a unit of government, to apply to
the state board of pharmacy for a license that includes the
authorization to purchase, possess, and administer drugs
commonly used for the chemical capture of animals for control
purposes or to sedate or immobilize pet animals immediately
prior to euthanasia. Effective July 1, 2004.
HB 1059 - Concerning additional enforcement authority
regarding marketing orders issued by the commissioner of
agriculture. By Rep. Hoppe/Sen. Hillman. Subjects persons who
violate marketing orders issued by the commissioner of
agriculture to civil penalties not to exceed $1,000 for a
first violation. Authorizes the commissioner to issue cease
and desist orders and file injunction actions to aid in the
enforcement of marketing orders. Effective March 8, 2004.
HB 1089 - Concerning a preference for the purchase of
Colorado agricultural products by governmental entities. By
Rep. McCluskey/Sen. Hillman. Establishes the Colorado
agriculture promotion task force, consisting of 11 members
appointed by July 1, 2004, as follows:
Four members appointed by the speaker of the house of
representative, one of whom is engaged in the agriculture
industry, no more than 2 of whom are from the same political
party, and no more than 2 of whom are members of the house of
representatives;
Two members appointed by the president of the senate and 2
members appointed by the minority leader of the senate, one
of whom is engaged in the agriculture industry and no more
than 2 of whom are members of the senate;
Three members appointed by the governor, one of whom is
engaged in the agriculture industry.
Requires the commissioner of agriculture, the director of the
office of economic development, and the president of Colorado
state university, or their designees, to serve as ex officio
nonvoting members of the task force, and requires their
agencies to provide staff assistance to the task force.
Directs the task force to study the following issues:
The benefits and detriments of requiring governmental
entities to give purchasing preferences to Colorado produced
agricultural commodities.
Methods for improving the state's agricultural industry
and encouraging and supporting the economic development of
agriculture in rural Colorado.
Measures to add value to the state agricultural commodities.
Better methods for responding to new and changing markets and
obtaining competitive advantage for the state's
agriculture industry.
Requires the task force to report its findings and
recommendations to the agriculture, livestock, and natural
resources committee of the House of Representatives and the
agriculture, natural resources, and energy committee of the
senate by January 10, 2005. Repeals the task force on May 1,
2005. Effective June 4, 2004.
HB 1351 - Concerning the state board of stock inspection
commissioners, and, in connection therewith, changing the
fiscal policies of such board and the division of brand
inspection to allow operation as an enterprise for purposes
of section 20 of article x of the state constitution. By Rep.
Hoppe/Sen. Taylor. Designates the state board of stock
inspection commissioners ("board") and the division
of brand inspection ("division") as an enterprise
for purposes of section 20 of article X of the Colorado
Constitution ("TABOR"), so long as the board
retains the authority to issue revenue bonds and the board
and the division receive less than 10% of their total annual
revenues in grants. Specifies that, for purposes of TABOR,
the term "grant" does not include the fees
collected by the board. Authorizes the board to issue revenue
bonds, in an amount not to exceed $10,000,000 in the
aggregate, for expenses of the division. Sets the
requirements for the issuance of revenue bonds, including
approval from both chambers of the general assembly and the
governor.
Specifies that the senate must confirm the governor's
appointment of commissioners. Of the 5 commissioners,
requires 2 to represent the nonconfinement cattle industry, 2
to represent the confinement cattle industry, and one to have
broad general knowledge of the Colorado livestock industry
and to represent the commodity, other than the confinement
and nonconfinement cattle industries, with the largest
percentage of charged fees. Authorizes the board to set its
fees by rule. Effective July 1, 2004.
BUSINESS LAW: COMMERCIAL
AND CORPORATE
AND CORPORATE
SB 229 - Concerning modifications to the "Central Filing
of Effective Financing Statement Act." By Sen
Evans/Rep. T. Williams. On and after July 1, 2004, modifies
statutory requirements related to the signing of an effective
financing statement or an amendment to an effective financing
statement to comply with the federal "Food Security Act
of 1985," as amended, which permits an effective
financing statement or an amendment thereto to be signed,
authorized, or otherwise authenticated by a debtor. Modifies
the penalty for failure to comply with requirements related
to filing an amendment showing partial termination of a
security interest. Repeals a provision authorizing an
effective financing statement to cover more than one trade or
assumed name of one debtor. Requires lists published by the
central filing officer to reflect all filings effective as of
the date stated on the list. Requires any termination,
amendment, assignment,...
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