On January 11, 2012, Sen. Linda Newell and Rep. B.J. Nikkel introduced SB 12-046 – Concerning Disciplinary Measures in Public Schools. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Legislative Task Force to Study School Discipline. The bill amends the statutory grounds for suspension or expulsion of a student to increase the discretion of school administrators and school district boards of education. The only circumstances under which expulsion remains mandatory are those that involve a student who is determined to have brought a firearm to school or possessed a firearm at school. The bill defines the terms “suspension”, “in–school suspension”, “out–of–school suspension”, and “expulsion”.

The bill relocates, with substantive amendments, certain statutory provisions concerning school conduct and discipline codes and safe school reporting requirements.

Each code shall include criteria distinguishing minor code violations from behavior that will result in the referral of an offending student to a law enforcement agency. Each code shall include a specific policy concerning the prevention of sexual assault and domestic violence.

Each public school of a school district shall require each student enrolled in the public school to be familiar with the provisions of the code.

In creating and enforcing a code, each local board shall:

• Ensure that the code is designed to protect students from harm, provide opportunities for students to learn from their mistakes, foster a positive learning community, keep students in school, and implement a graduated set of age–appropriate responses to misconduct that are fair and proportionate in relation to each student’s individual conduct;
• To the extent practicable, limit the use of out–of–school suspensions and expulsions to incidents that involve conduct that poses a serious and credible threat to the safety of pupils and staff; and
• To the extent practicable, use prevention, intervention, restorative justice, peer mediation, counseling, and other approaches to address student misconduct.

In creating a code, each local board shall solicit and consider input from the school district accountability committee of the school district and a local or statewide law enforcement agency.

To the extent practicable, each local board shall assist teachers and other school employees, as may be appropriate, in obtaining training in conflict resolution in and out of the classroom, disciplinary alternatives, and restorative justice for the purpose of preventing violations of the school district’s code.

If a student is suspended from school, the suspending authority shall provide an opportunity for the student to make up school work during the period of suspension for full academic credit.

The report of code violations that is required of each school principal as part of the safe school reporting requirements shall specifically identify each violation that resulted in referral to a law enforcement agency.

On and after October 1, 2012, the peace officer standards and training (P.O.S.T.) board shall create and provide a training curriculum to prepare peace officers to serve as school resource officers. In creating the training curriculum, the P.O.S.T. board shall solicit and, to the extent practicable, implement the suggestions of relevant stakeholders. On and after October 1, 2013, neither a school administrator nor a local board shall accept the assignment of a peace officer acting in his or her official capacity as school resource officer in a public school unless the peace officer has successfully completed the school resource officer training program. Assigned to the Education Committee.

Summaries of other featured bills can be found here.

On January 11, 2012, Sen. Nancy Spence and Rep. Ken Summers introduced SB 12-042 – Concerning Bringing Certain Statutory Provisions Related to Child Support Into Compliance with Federal Law. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill authorizes the state department of human services to identify for another state, upon request and through a data match system, any assets owned by a person who owes child support in another state. The department is further authorized to seize such assets through levy or other appropriate processes.

The department and financial institutions are required to enter into agreements to implement the system. The data match required through the system shall be conducted quarterly.

On February 1 the Judiciary Committee referred the unamended bill to the full Senate for consideration for 2nd Reading.

Since this summary, the Senate second reading was laid over daily.

Summaries of other featured bills can be found here.

On January 11, 2012, Sen. Lois Tochtrop and Rep. Glenn Vaad introduced SB 12-038 – Concerning Measures to Protect Consumers Who Engage a Roofing Contractor to Perform Roofing Services on Residential Property. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires residential roofing contractors to sign a written contract with customers that details the following:

• The scope of roofing services and materials to be provided;
• The approximate dates of service;
• The costs of the services;
• The roofing contractor’s contact information;
• Identification of the roofing contractor’s surety and liability coverage insurer and their contact information, if applicable;
• The roofing contractor’s policy regarding cancellation of the contract and refund of any deposit, including a rescission clause allowing the client to rescind the contract and obtain a full refund of any deposit within 72 hours after entering the contract; and
• A written statement that if the client plans to use the proceeds of a property or casualty insurance policy to pay for the roofing work, the roofing contractor cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of any deductible applicable to the claim for payment for roofing work on the covered residential property.

A person who enters into a contract with a roofing contractor to perform roofing work on his or her residential property and who submits a claim to his or her property and casualty insurer for payment for the roofing work may rescind the contract for the roofing work if the insurer denies the claim in whole or in part, as long as the person notifies the roofing contractor within 72 hours after the claim is denied. The roofing contractor must refund any moneys paid by the customer within 10 days after receipt of the cancellation notice.

When residential roofing work will be paid from the proceeds of a property and casualty insurance policy covering the residential property, the roofing contractor is prohibited from paying, waiving, rebating, or offering or promising to pay, waive, or rebate all or part of any deductible that applies to the claim.

Assigned to the Business, Labor and Technology Committee.

Summaries of other featured bills can be found here.

On January 11, 2012, Sen. Steve King and Rep. Dave Young introduced SB 12-037 – Concerning the Ability to Dispense a Controlled Substance Based on an Electronically Transmitted Drug Order. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, a pharmacy is prohibited from dispensing a prescribed schedule II, III, IV, or V controlled substance absent a written prescription from the practitioner prescribing the substance. The bill allows a pharmacy to dispense those controlled substances if the practitioner electronically creates and transmits the prescription drug order in conformance with federal law. On February 1, the Health and Human Services referred the unamended to the Senate “Consent Calendar” for 2nd Reading.

Since this summary, the bill passed its Second Reading in the Senate.

Summaries of other featured bills can be found here.

On January 11, 2012, Sen. Mary Hodge introduced SB 12-035 – Concerning Limited Liability for Spaceflight Activities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill limits liability for a spaceflight entity for any injury to a spaceflight participant unless the injury is intentionally caused or proximately caused by gross negligence on the part of the entity. Before participating in a spaceflight activity, a participant must sign an agreement and warning statement acknowledging his or her understanding of limited liability for the entity.

Since this summary, the Senate has daily laid over the second reading.

Summaries of other featured bills can be found here.

On Thursday, February 9, 2012, the Tenth Circuit Court of Appeals issued no published opinions and thirteen unpublished opinions.

Unpublished

Mapp v. Duckwall-Alco Stores, Inc.

Johnson v. Ezell

Thibeaux v. Cain

Thompson v. City of Shawnee

United States v. Snow, Jr.

White v. Medina

Arocho v. Lappin

Ruppert v. Bravo

Del Raine v. Daniels

United States v. Eatman

United States v. Ewing

Deberry v. Davis

Boese v. Fort Hays State University

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

There is increasing evidence that gay, lesbian, bisexual, and transgender elders in our community are uncertain where to turn and what to do if they need care or support services. They are concerned with the level of sensitivity and awareness on the part of staff at facilities, businesses, and agencies. The GLBT Center and the Denver Regional Council of Governments (DRCOG) recognize that with a growing population of GLBT elders in the Denver area, steps need to be taken now to ensure a safe and healthy future for these older adults.

Project Visibility is a sensitivity program that began through Boulder County Aging Services, and has developed into a dynamic and continually updated training format that has touched hundreds of concerned providers in Colorado and across the country. The training is comprised of a moving film that showcases the lives of lesbian and gay elders, a Power Point presentation, and discussion of the steps service providers can take to provide good service for the GLBT community.

Free training for people serving older adults will be provided Wednesday, February 15, 2012 at Denver Regional Council of Governments Area Agency on Aging 1290 Broadway, Denver CO 80203, from 9:00 am to 12:00 pm.

Participants will receive

• A new awareness of the strengths and needs of elder GLBTs
• A manual to help you get started on simple and effective steps to communicate that your services/agency is welcoming and safe, and
• Inclusion in a directory of service providers for GLBT elders developed by DRCOG and The Center.

To take part in this free training, contact Jennifer Solms at (303) 480-6796 or jsolms@drcog.org, or Shari Wilkins at (303) 733-7743, ext. 122 or swilkins@glbtcolorado.org.

The students from the Denver Center for International Studies have had a bit of a reality check while they’ve been preparing for their first appearance in a mock trial tournament.

“I learned a lot more terms, like prosecution and defense, and how serious court really is,” said DCIS student Olivia Sanders, 14, while their team practiced in a courtroom at the Denver City and County Building. “It’s really not like the movies, because that courtroom is really small and I was like, is it going to stretch out some more?”

Though the courtrooms may be smaller than those in the movies, they have learned a lot about what happens in those courtrooms in a matter of weeks. Led by their teacher, Rachael Streitman, and attorney coach Joe Peters, they will argue a criminal case at the Denver Regional High School Mock Trial Tournament on Friday and Saturday, February 10 and 11.

“It’s a ton of fun,” said Peters, an attorney with the Internal Revenue Service. “The kids are all very bright and motivated.”

The team came together after Streitman, who is a civics and world history teacher, found she had a number of students who expressed interest in becoming attorneys. After doing some research, she thought mock trial would be a great way to give those students an experience that would offer insight into what being an attorney is like.

Sanders said she has enjoyed being a part of the team.

“If I do decide to pursue law when I get older, it’s just cool to say, I did this when I was younger,” she said. “I have background knowledge of what [being a lawyer is] going to be like.”

It’s also been an outlet for those who don’t necessarily want to be lawyers. For Demetrius Parker, who is serving as a witness, it allowed him to work on his acting skills – something he wasn’t doing before because DCIS largely puts on musicals, he said, adding that he can’t sing.

Denver Center for International Studies student Demetrius Parker testifies while attorney coach Joe Peters presides over their mock trial practice in advance of the Denver mock trial tournament.

Though Streitman said there has been a bit of a learning curve with skills such as entering evidence and making objections, she added that “it’s exciting once [the students] get those things and they realize it.”

Most of their team is composed of ninth grade civics students. The team includes students Ethan Elliot, Vincent Gallegos, Elsa Lantz, Jade Mather, Parker, Andre Polar, Breanna Quintana, Sanders, Haley Schwenger, Liliana Weimer, and Leila Ziane.

Denver Center for International Studies student Vincent Gallegos serves as a defense attorney, questioning a witness while practicing for the Denver mock trial tournament on Monday.

In addition to the team from DCIS, students from CEC Middle College of Denver, Colorado Academy, Denver School of Science & Technology, Fleming High School, George Washington High School, and La Academia will compete.

Whether they will advance to the state tournament depends on how they argue the case in front of a panel of Denver-area lawyers and judges. Two Denver teams will go on to compete in the state tournament in Boulder County on March 9 and 10. Denver is one of eight regional tournaments taking place in the next two weeks.

Peters, who participated in mock trial in law school, said he thinks the team will learn a lot at the tournament, and that it will be personally and academically rewarding.

Sanders said she is still very interested in pursuing a career in the law.

“I like it because you get to fight for people’s rights and are serving them justice,” she said.

The mock trial tournament, sponsored by the Denver Bar Association, will take place at the Denver City and County Building, 1437 Bannock St. The first round begins Friday, February 10, at noon, and the second round starts at 2:30 p.m. Rounds will continue on Saturday, February 11, starting at 8 a.m., and the final round will start at 12:15 p.m.

Sanders is optimistic about how they’ll do in the tournament.

“I know we’ll do well because we’re trying really hard,” she said.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

On January 11, 2012, Rep. Marsha Looper introduced HB 12-1059 – Concerning the Authority of a Person Credentialed in Another State Whose Residence is Determined by Military Orders to Practice an Occupation Regulated by Colorado Law. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill authorizes military spouses to practice in a regulated profession or occupation other than real estate for one year if the spouse is licensed, registered, or certified to practice in another state; there is no other reason to deny the license; and the person consents to be governed by Colorado law. If applying for authority to continue to practice in Colorado, the applicant must notify the agency that the person is practicing in Colorado and include the contact information for the applicant’s employer. If the agency denies the application, the agency notifies the employer. The director of the division of registrations may promulgate rules to implement the bill.

The bill also directs agencies to exempt regulated persons who are on active duty for more than 120 days from the requirement to pay certification fees and complete continuing education that became due during the period of active duty, with the exemption continuing for 6 months after the period of active duty. An agency may accept continuing medical education, training, or service from the armed services in satisfaction of Colorado continuing education requirements.

A service member or spouse who is an emergency medical service provider certified or licensed in another state is exempt from certification in Colorado. The term “emergency medical technician” is changed to “emergency medical service provider” to align with the trend in other states.

On January 31, the Economic and Business Development Committee amended the bill and referred it to the Appropriations Committee.

Summaries of other featured bills can be found here.

On January 11, 2012, Rep. Claire Levy and Sen. Jeanne Nicholson introduced HB 12-1057 – Concerning Additional Protections for Purchasers of Homeowner’s Insurance Policies in Colorado. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the insurance commissioner to adopt rules on the following related to the sale of homeowner’s insurance in Colorado:

• Criteria and requirements for estimates of replacement value of insured property; and
• An educational requirement for insurance producers related to homeowner’s insurance, including estimating replacement value.

The bill also puts into place the following with respect to homeowner’s insurance policies in this state:

• Minimum requirements for additional living expense coverage for a period of time of no less than 24 months after a loss requiring additional living arrangements;
• Requirements that insurers make available to policyholders copies of homeowner’s insurance policies, including declaration pages, within 48 hours after a loss or a request;
• Standards for paying contents loss claims in the event of total loss;
• Additional arbitration requirements for disputes between insured homeowners and insurers relating to policy coverage;
• A requirement to provide summary disclosure forms to homeowner’s insurance policyholders at least annually; and
• Potential disciplinary action by the commissioner against insurance producers that fail to:
  • Accurately describe to an insured the relationship of the producer to an insurer as the representative of the insurer and not a representative of, or advocate for, the insured policyholder; or
  • Accurately represent the adequacy of policy limits in a homeowner’s insurance policy to cover total loss of the property.

Assigned to the Local Government State, Veterans, & Military Affairs Committees.

Since this summary, the bill was postponed indefinitely by the Local Government Committee.

Summaries of other featured bills can be found here.