As the legislature winds down, Governor Hickenlooper continues to sign bills into law. So far this legislative session, Governor Hickenlooper has signed 191 bills into law.

On Thursday, April 26, the governor signed ten bills into law. Four of those are summarized here.

• HB 12-1236 – Concerning the Regulation of Charitable Solicitations, and, in Connection Therewith, Making an Appropriation
  Sponsored by Rep. Ken Summers and Sen. Cheri Jahn. The bill makes several changes to the regulation of charitable solicitations.
• HB 12-1126 - Concerning On-Site Wastewater Treatment Systems
  Sponsored by Rep. Cheri Gerou. The bill updates statutes related to the regulation of on-site wastewater treatment systems.
• HB 12-1313 - Concerning Procedures Related to the Statewide Initiative Title Board
  Sponsored by Rep. Libby Szabo and Sen. Bob Bacon. The bill makes several changes to the procedures of the statewide initiative Title Board.
• HB 12-1209 - Concerning the “Uniform Electronic Legal Material Act”
  Sponsored by Rep. Bob Gardner and Sen. Morgan Carroll. The bill establishes procedures for the publication and authentication of certain legal material, including the Colorado Revised Statutes, session laws, constitution, and Code of Colorado Regulations.

Governor Hickenlooper signed 19 bills into law on Thursday, May 3, 2012, including several from the Joint Budget Committee. Four of the bills signed on May 3 are summarized here.

• HB 12-1258 – Concerning Regulation of Public Utilities in Terms of Alternative Fuel Vehicles
  Sponsored by Rep. Brian DelGrosso and Sen. Cheri Jahn. The bill requires public utilities to make reasonable efforts to provide service connection for fueling of alternative fuel vehicles.
• SB 12-158 – Concerning the Consolidation of Two Public Housing Agencies Within the Division of Housing in the Department of Local Affairs
  Sponsored by Sen. Betty Boyd and Rep. Laura Bradford. The bill clarifies that the Division of Housing is the sole public housing authority for providing financial housing assistance, and shifts the Homeless Prevention Activities Program to the Division of Housing.
• HB 12-1340 – Concerning a Reduction in the General Fund Portion of the Per Diem Rates Paid to Nursing Facilities, and, In Connection Therewith, Reducing an Appropriation
  Sponsored by Rep. Jon Becker and Sen. Kent Lambert. The bill reduces the per diem rates paid to skilled nursing facilities by 1.5 for Fiscal Year 2012-13 only.
• SB 12-110 – Concerning a Fund Consisting of Surcharges on Insurance Premiums to Pay for Costs Associated with Criminal Prosecution of Insurance Fraud Investigations, and, in Connection Therewith, Making an Appropriation
  Sponsored by Sen. Pat Steadman and Rep. Claire Levy. The bill changes the amount of fees paid to the state by insurance companies to a two-tier schedule set by the Commissioner of Insurance.

On Monday, May 7, Governor Hickenlooper signed the budget bill for the next fiscal year. The bill was approved by an overwhelming majority of legislators – it received 86 yes votes and only 8 no votes. Governor Hickenlooper lauded the legislature for approving the bill with such an impressive majority. The “long bill,” HB 12-1335, contains separate links to the budgets for all state agencies, including add-ons for some agencies.

Governor Hickenlooper signed seven more bills into law on Wednesday, May 9, 2012. Three of them are summarized here.

• SB 12-012 – Concerning the Department of Revenue’s Audits of Automobile Emissions Inspection Facilities
  Sponsored by Sen. Steve King and Rep. Joe Miklosi. The bill decreases the frequency of overt audits of vehicle emission inspection facilities and increases the frequency of covert audits.
• SB 12-060 – Concerning Improving Medicaid Fraud Prosecution
  Sponsored by Sen. Ellen Roberts. The bill requries reporting by certain state agencies for the legislature’s use the following year in order to evaluate Medicaid fraud.
• HB 12-1262 – Concerning Enactment of Amendments to the Secured Transactions Provisions of the “Uniform Commercial Code”
  Sponsored by Rep. Bob Gardner and Sen. Ellen Roberts. The bill adopts changes to the Uniform Commercial Code as recommended by the Colorado Commission on Uniform Laws.

A complete list of legislation signed by Governor Hickenlooper in 2012 is available here.

May 1 is law day, we all know that, but did you also know that it’s Elder Law Day? Well, technically, May is Elder Law Month. What does that mean for attorneys? Well, for many of us that means taking a look in the mirror! You might have noticed that the average age of attorneys in Colorado is getting a bit older. From what I could dig up, somewhere around 36% of CBA members (April 2011 CBA demographics, supplied by Heather Clark via Reba Nance) are over the age of 55. Based on another statistic (let’s call it anecdotal evidence), I’m pretty sure most of them aren’t reading this post . . . !

For solo and small firm attorneys in particular, the “age thing” has important consequences for our law practices. But the bigger issues for solo and small firm attorneys have not so much to do with age as with planning. I won’t beat around the bush here – I’m talking about disability, destruction, and death. Yep, it’s why my policy is always to eat dessert first! But seriously, as the number of solo attorneys grows and many of us (yours truly included) are eligible for AARP membership, are we making the necessary plans to protect our loved ones, our law practices, and our clients? The ABA’s Law Practice Today has a good article about this, even if it is a couple years old.

If you are like the majority of my trusts & estates colleagues (I informally “interviewed” about a dozen lawyers a couple years ago), you don’t have anything in place. A couple years back I participated in a CLE program called “Planning Ahead” and we prepared some forms as part of the CLE. I think the occasion of Elder Law month is an excellent time to revisit some of the themes in that CLE. Where do we start? At the beginning!

Start with two basic questions. Ask yourself:

• What would happen if ________?
• What will happen when _________?

Do you have an idea of the answers? Many of us don’t! So what is the next step? Forms of course! These forms are designed to get the process started and are meant only as guidelines to help you get some strategy or plan in place with documentation to support it.

How do you get started?

How about the 15-Minute Fix? Okay, it will take longer than that – but at least the forms could be easy. Here are a few suggestions to get you started:

1. Checklist for An Assisting Lawyer to Protect the Interests of  an Affected Attorney’s Clients (read office/file management policies and procedures)
2. Checklist for Closing a Law Office
3. Trust and Bank Account Considerations
4. Business Access Considerations (agreement between attorneys to manage/close a practice)
5. Limited Power of Attorney for Assisting Lawyer (you can have an escrow holder for this one)
6. Casualty Clause for Engagement Letter (to tell your clients you’ve made arrangements)
7. Will Provisions Relating to Law Practice (mine is three pages long)

If this exercise doesn’t get you thinking about your practice and how it factors into your life and your legacy (read: mindful law practice planning), I don’t know what will.

Need some more thoughts about what to consider in a plan? Another helpful article with a good list is here. If you need to be scared into considering this “for real,” read this cautionary tale from the April 2012 California Bar Journal.

For Colorado information, Colorado Attorney Regulation has a lengthy pdf from 2007 here, which contains several helpful checklists. Please, don’t give inventory counsel more work to do!

You want to read more about this in book form (with a CD with forms)? Go to the CBA lending library and check out “Being Prepared: A Lawyer’s Guide for Dealing with Disability or Unexpected Events” (2008:ABA).

Start planning – even a small plan – right now.

On April 4, 2012, Rep. Jon Becker and Sen. Kent Lambert introduced HB 12-1340 – Concerning a Reduction in the General Fund Portion of the Per Diem Rates Paid to Nursing Facilities, and, In Connection Therewith, Reducing an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Joint Budget Committee Budget Package Bill.

The bill reduces the general fund portion of the per diem rate paid to nursing facilities commencing in the 2012-13 fiscal year and each fiscal year thereafter. The bill passed out of the House on April 12 and is assigned to the Appropriations Committee; the bill is listed on the Appropriations calendar for Tuesday, April 17 at 7:30 a.m.

Since this summary, the bill passed a Special Order Second Reading with amendments.

Summaries of other featured bills can be found here.

Governor Hickenlooper has signed 124 bills into law in the 2012 legislative session, including thirteen bills that he signed on Thursday, April 12. A complete list of the bills he signed Thursday can be found here. Five of these bills are highlighted below.

• SB 12-023 – Improve Eligible Persons Access To PACE Program
• Concerning The Program Of All-Inclusive Care For The Elderly, And, In Connection Therewith, Addressing Enrollment Of Persons Who Are Eligible For The PACE Program And Addressing How The Pace Program Works With Integrative Initiatives Involving The Medicaid Population In Colorado.
• SB 12-030 – Public Trustee & Foreclosure Sales
• Concerning Administrative Matters Related To A Foreclosure Sale.
• SB 12-033 – Child Fatality Reviews
• Concerning Adding Near Fatalities To The Responsibilities Of The Department Of Human Services Child Fatality Review Team.
• SB 12-062 – Voting By Military Personnel
• Concerning Procedures That Facilitate Voting By Military Personnel.
• HB 12-1299 – Lessee Can Claim Innovative Motor Vehicle Tax Credit
• Concerning The Specification That A Motor Vehicle Lessee Is Entitled To Claim The Innovative Motor Vehicle Tax Credit.

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, click here.

On March 9, 2012, Sen. Betty Boyd and Rep. Laura Bradford introduced SB 12-158 – Concerning the Consolidation of Two Public Housing Agencies Within the Division of Housing in the Department of Local Affairs. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The Division of Housing in the Department of Local Affairs (DOLA) is a public housing agency that provides financial and other assistance to individuals in low- and moderate-income households. The division also administers various state housing programs and the supportive housing program, a public housing agency that provides financial and other assistance to persons with disabilities. The bill provides for consolidation of public housing agencies in such a manner that the Division of Housing in DOLA will be the only public housing agency and serve as the sole state agency for the purpose of administering and distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities.

The homeless prevention activities program is currently administered by a nongovernmental agency selected by the executive director of the department of human services. The bill would require the division of housing in DOLA to administer the program. The Local Government Committee will consider the bill on Tuesday, March 20 at 2 p.m.

Summaries of other featured bills can be found here.

On February 6, 2012, Rep. Mark Barker and Sen. Irene Aguilar introduced HB 12-1226 – Concerning a Surcharge on Persons Convicted of Crimes Against At-Risk Persons, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill imposes a surcharge on persons convicted of crimes against at-risk adults and at-risk juveniles. Once collected, the surcharge is transferred to the crimes against at-risk persons surcharge fund. The state office on aging shall distribute moneys from the fund to a fiscal agent who will oversee the award of moneys to programs that provide respite services for caregivers of at-risk adults or at-risk juveniles. Programs receiving moneys from the fund must comply with provisions concerning the use of funds and reporting requirements.

The court is permitted to waive some or the entire surcharge if the person convicted of the crime is indigent or unable to pay the surcharge. The surcharge applies to offenses committed on or after July 1, 2012. The bill passed 2nd Reading on Friday, March 9.

Since this summary, the bill passed the Third Reading in the House.

Summaries of other featured bills can be found here.

On January 31, 2012, Sen. Ellen Roberts and Rep. Ken Summers introduced SB 12-1211 – Concerning Achieving Efficiencies in the Medicaid Long-Term Care Program Through Greater Utilization of Alternative Care Facilities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes the 3-year alternative care facilities pilot program designed to increase the utilization of alternative care facilities in the Medicaid program. Alternative care facilities participating in the pilot program will receive a reimbursement for not more than 1000 clients equal to $3000 per client, per month, after considering the client portion of the cost, to provide long-term care services to clients who have been residing in a nursing facility prior to the referral to an alternative care facility. The single entry point agency shall assess the client residing in a nursing facility to determine whether the client will achieve the same or better health outcomes and client satisfaction in the alternative care facility.

On or before September 1, 2013, September 1, 2014, and September 1, 2015, the Department of Health Care Policy and Financing shall report to the Joint Budget Committee of the General Assembly and the Health and Human Services Committee of the Senate and the Health and Environment Committee of the House of Representatives concerning the design, implementation, and outcomes of the pilot program on client health outcomes, costs, and client satisfaction. The pilot program is repealed on July 1, 2016. On March 1, the Health and Human Services Committee amended the bill and moved it to the Senate for 2nd Reading.

Since this summary, the Second Reading was laid over daily on March 6.

Summaries of other featured bills can be found here.

On January 31, 2012, Sen. Linda Newell and Rep. Ken Summers introduced SB 12-127 – Concerning the Participation of Providers of Long-Term Care in Medicaid Care Coordination Programs. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

To the extent permitted under federal law, the department of health care policy and financing shall include providers of long-term care services and supports as health homes or as part of health homes in the Medicaid program.

In expanding an accountable care collaborative or organization to include dually eligible persons, persons with chronic conditions, and persons in need of long-term care services and supports, the bill directs the department to permit providers of long-term care services and supports to contract with regional care collaborative organizations as health homes or to provide some or all of the services provided by the regional care collaborative organizations. On February 29, the Health and Human Services Committee amended the bill and moved it to the Senate for 2nd Reading.

Since this summary, the Second Reading was laid over daily on March 5.

Summaries of other featured bills can be found here.

This week’s e-legislative update, prepared and delivered by Michael Valdez, CBA’s Director of Legislative Affairs, discussed three interesting bills: a bill that proposes to necessitate coins to be allowed as payment for any business; a bill repealing antiquated rules about libel; and a bill encouraging judicial oversight of guardians and conservators.

From the Legislative Policy Committee

The LPC met on Friday, March 2 and considered a relatively light docket of bills:

SB 137 – Gold and Silver Coin Payment of Debts. The LPC followed the recommendation of the Civil Rights Committee and voted to oppose SB 137 – Gold and Silver Coin Payment of Debts. The bill states that gold and silver coin issued by the US government or authorized by law is currency that is legal tender for the payment of all debts between the citizens of the state. Under the bill, a person cannot compel any other person to tender or accept gold or silver coin issued by the US government or authorized by law. The Civil Rights Committee asserted that the bill invades the constitutional powers of Congress and thus exceeds the express limitations on state powers. The bill died on the floor of the Senate on 2nd Reading later in the morning of March 2 – coincidence – you judge for yourself.

SB102 – Repeal the Crime of Libel. The LPC delayed action on a request from the Civil Rights Committee to support SB102 – Repeal the Crime of Libel. The LPC has asked the Civil Rights Committee and staff to research and report additional information to the LPC.

At the Capitol – Week Seven

HB 1074 – Judicial Oversight Of Guardians & Conservators. On Wednesday, the Senate Judiciary Committee approved, on a unanimous vote, HB 1074 – Judicial Oversight Of Guardians & Conservators. The Judiciary Committee loved the bill so much that they moved the bill to the consent calendar for 2nd Reading. (The “Consent Calendar” is the equivalent of a legislative Slam Dunk. Bills are called up in a group and passed without debate unless someone raises and objection.)

HB 1262 – Amend UCC Article 9 (Secured Transactions). On Friday, March 2, the House approved HB 1262 – Amend UCC Article 9 (Secured Transactions). The bill passed easily and without objection or amendment.

The latest Legislative Video Update with Michael Valdez summarizes the Colorado Bar Association’s position on several bills, including Civil Unions, a bill concerning the Dissolution of Marraige, and Electronic Death Certificates.

CBA Legislative Policy Committee

The LPC did not meet on Friday, February 24. However, positions taken by the committee met on February 17 were omitted from last week’s newsletter due to this writer being out on sick-leave so this is an opportune time to catch you up on LPC positions taken. One position was taken on Wednesday, February 15.

SB 12-002 – Civil Unions
The LPC voted by conference call on Wednesday, February 15 to support SB 2 – Concerning Civil Unions. The Wednesday meeting was called because the bill suddenly appeared on the Judiciary Committee calendar late on Monday afternoon. The Civil Rights Committee had asked the LPC to take a formal “no position” on the bill; several sections countered with requests to the LPC to support the bill – with some needed technical corrections amendments. The sections supporting the bill were: Family, Juvenile, Elder, and Business (the Trust and Estate Section has since voted to support the bill). The LPC voted to support the bill but asked the sections to suggest and develop amendments to improve the bill. In a by-the-way note, this position is consistent with the position taken by the CBA Board of Governors in 2006 when the Board voted to support Referendum I – Domestic Partnerships. The bill passed the Judiciary and Finance Committees on February 15 and 16 respectively; the bill sits in the Appropriations Committee waiting to be calendared.

HB 12-1262 – Concerning Updates to UCC Article 9 “Secured Transactions”
At the request of the Business Law Section, the LPC voted to support HB 1262 – Updates to UCC Article 9. The bill contains needed updates to the 2001 statute that was adopted in Colorado. The ad hoc committee of the Business Law Section spent the last 24-months working through the amendments suggested by the National Conference of Commissioners on Uniform State Legislation (NCCUSL). The CBA testified in support of the bill on Thursday, February 23 and the bill passed out of the Judiciary Committee, unamended, on a 10-0 vote, with one excused. The next stop for the bill is the floor of the House on 2nd Reading.

HB 12-1256 – Formula for Maintenance in a Dissolution of Marriage Action
The Family Law Section was granted permission to oppose the legislation at the Capitol but the LPC also allowed the section to approach the sponsor to request the bill be pulled from consideration in this session and that a Task Force work over the summer to try to find a bill that all can agree upon. The sponsor, Rep. Beth McCann, agreed to table for 2012 and to the establishment of a Task Force on the issue that will be spearheaded by the CBA Family Law Section.

HB 12-1041 – Electronic Death Certificates
The Trust and Estate Section asked for permission to support HB 1041 – Concerning Electronic Death Certificates. The bill creates an electronic death registration system to allow persons who report death information to the Office of the State Registrar of Vital Statistics to do so electronically. The bill contemplates an alternative to the current paper based system that relies on the hand delivery of death certificates to required locations. We do not see a direct positive to practitioners but it should help their clients who sometimes have to wait for the paper filings to make their way through the hand delivery process. The bill is headed to the House floor after surviving the Appropriations Committee on Friday, February 24.