Highlights of the 2011 Legislative Session
| Publication year | 2011 |
| Pages | 27 |
2011, July, Pg. 27. Highlights of the 2011 Legislative Session
July 2011
Vol. 40, No. 7 [Page 27]
2011 Legislative Session
About the Author
MichaelValdez is the CBA Director of Legislative Relations-(303) 824-5309, mavaldez@cobar.org. Readers are encouraged to contact Valdez any time they would like more information about bills or other legislative matters that may relate to or affect the legal profession and the practice of law.
The Colorado Bar Association (CBA) was active in a number of bills in the 2011 Colorado legislative session. This article provides information on notable legislation the CBA addressed in the legislative session, which concluded on May 11, 2011. A more comprehensive review of legislation from the 2011 legislative session will appear in the August issue of The Colorado Lawyer. The "Legislative Update" will feature summaries of legislation that affects the legal profession.
Overview
The Colorado budget was the 600-pound gorilla under the dome in 2011. The toughest task in the budget process was balancing the $18 billion budget, which is requiredby the Colorado Constitution, under a nearly $1 billion revenue shortfall. The Joint Budget Committee (JBC) carried the baton for the better part of the journey. Under the leadership of Senate President Brandon Shaffer and Speaker of the House Frank McNulty, the JBC forged a compromise at the eleventh hour, bringing a deal across the line. To balance the budget, reductions of nearly $250 million were made to K-12 education; higher education funding was cutby $36 million; a state park and a prison were closed; and raises for state employees were withheld.
Part of the compromise restored tax breaks for non-packaged software and agricultural products, and partially reinstated a fee given to businesses for calculating and submitting their sales taxes. This budget included several one-time budget maneuvers similar to those employed in the budget bills of three previous legislative sessions; however, such clever maneuverings may be starting to lose their effectiveness, not to mention their novelty. In terms of a budget forecast for the 2012 session, things do not look much brighter. Ultimately, on Friday, May 6, Governor John Hickenlooper signed into law the Colorado state budget for the fiscal year beginning on July 1, 2011.
Judicial Budget
Beginning July 1, the Colorado Judicial Department appropriation will be a shade more than $340 million. This budget includes justices, judges, clerks, probation officers, and judicial administration, as well as the Colorado Public Defender's Office, the Office of Alternate Defense Counsel, and the Office of the Child's Representative.
This year, the judicial budget grewby about $16 million; however, $10 million of the increase is due to legislation passed and signed into law in 2010, which reduced the number of prison beds at the Colorado Department of Corrections and transferred the savings to the Judicial Branch to manage offenders who will serve their sentences under probation supervision. Even though requests for fifty trial court clerks and one district court judge and one county court judge in the First Judicial District were denied, in relative terms the Judicial Branch fared well despite the drastic cuts described above.
Legal Services for Victims of Domestic Violence
In the current fiscal year ending on June 30, 2011, $894,000 has been appropriated for legal services funding for victims of domestic violence. This line item is found in the appropriation for the Family Violence Justice Fund in the Judicial Branch budget. The Family Violence Justice Fund will continue to fund grant applications to statewide providers of legal services; however, the appropriation was reduced to $675,000. The reduction contained in the budget bill as introduced would have reduced the funding to $500,000, but a strong pushby certain CBA members and a renewed focus from the JBC and several legislators helped restore $175,000 to the fund. If there is a silver lining to the cuts, it is that the JBC and legislators will be ready to restore funding when the budget outlook is brighter.
Congressional Redistricting Committee
A special joint House and Senate bipartisan congressional redistricting legislative committee was established to study and recommend a map for congressional districts that is based on the 2010 U.S. Census. The committee met numerous times at the Capitol from January through late April and provided numerous opportunities for public testimony throughout the state. In the end, the redistricting committee was unable to reach a compromise congressional map acceptable to all sides. The House and Senate each introduced maps that were immediately rejectedby the other chamber. Because a bill was not passed and signed into law, the issue will move into the courts for resolution. Two cases have been filed in Denver District Court to resolve the map for Colorado's congressional districts.
Split Majority
The general election in November 2010 brought a major change to the political landscape at the Capitol. Republicans became a one-seat majority (33andminus;32) in the House. The Democrats remained the majority (20andminus;15) in the Senate. This resulted in controversial and not-so-controversial legislation dying either quickly or slowly in the opposite chamber.
2011 CBA-Sponsored Legislation
This section reviews CBA-sponsored bills from the 2011 legislative session. The term "sponsorship" means that proposed legislation has undergone extensive study and reviewby CBA sections and committees. The term assumes that ultimate responsibility for the legislation rests with the CBA with regard to solicitation of legislators to carry the bill, scheduling of witnesses, and lobbying to ensure its passage.
S.B. 83-Concerning Probate Code Revisions Sponsoredby Sen. Ellen Roberts and Rep. Mark Barker
This omnibus bill has several distinct parts with a special emphasis on the compensation and cost recovery components...
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