Author: doris beaver

Doris Beaver’s
EYE ON THE LEGISLATURE . . . 
March 26, 2012 
LATE BREAKING NEWS – House Bill 12-1159!  The bill was killed (postponed indefinitely) last week at the end of the first Senate committee hearing. HB 1159 would have authorized a board of county commissioners to refer the question of changing the method of election of county commissioners so that each commissioner is elected exclusively by the voters residing in a district, even though a commissioner must represent the entire county. 
   Such a method would take away the right of two-thirds of the population of a county to vote on who represents them – a really bad idea. Alternatively, just eight percent of the total qualified electors of a county “voting for all candidates for the office of secretary of state at the last preceding election,” could sign a petition and get such a method on the ballot. 
Senate Bill 12-033:  Most likely in response to the horrendous deaths of children in recent years, SB 033 adds “near fatalities” and “incidents of egregious abuse or neglect” to the responsibilities of the department of human services child fatality review team. Counties must also notify the department of human services (DHS) of any suspicious near fatality or incidents of egregious abuse or neglect. 
   No doubt, the policy of only examining cases involving a child fatality by the review team was in dire need of change. The state and local impact analysis by the Colorado Legislative Council staff notes that, “Using the definitions in the bill, the DHS reports that there were 11 cases that would have been classified as near fatalities or egregious abuse in 2010.” 
   “Near fatality” is defined as “a case in which a physician determines that a child in serious, critical or life-threatening condition as a result of sickness or injury caused by suspected abuse, neglect or maltreatment.” 
   “Incident or egregious abuse or neglect.” is defined as “an incident or suspected abuse or neglect involving significant violence, torture, multiple victims, use of cruel restraints or other similar, aggravated circumstances that may be further defined in rules promulgated by the state department pursuant to Section 1, 26-1-139 of the Colorado Revised Statutes.” 
   SB 033 will also provide Colorado’s compliance with the federal “Child Abuse Prevention and Treatment Act,” 42 U.S.C. Section 5101, et seq., “which requires states to allow for public disclosure of the findings or information about a case of child abuse or neglect that resulted in a child fatality or near fatality.” 
Sponsors of Senate Bill 12-033: Senator Lucia Guzman, D-Denver, 866-4862; and Representative Tom Massey, R-Chaffee, Custer, Fremont, Park, Pueblo, Saguache, 866-2747. 
Senate Bill 12-038: Despite all the warnings of “consumer beware,” roofing contractors continue to prey on homeowners who do not listen to the rules on protection from crooks. SB 038, if passed and enacted, is meant to “protect consumers who engage a roofing contractor to perform roofing services on residential property,” provided consumers pay attention and follow the law. Requirements of the bill for any roofing services in excess of $1,000.00: 
•	residential roofing contractors must sign a written contract with customers detailing the contractor’s contract information; 
•	agreement must show the terms and conditions of the work agreement for any roofing services in excess of $1,000.00; 
•	contract must include a written statement that the roofing contractor cannot pay, waive, or rebate any part of the customer’s insurance deductible; 
•	any person entering into a work agreement with a roofing contractor who intends to pay the contractor with proceeds from an insurance policy may cancel the contract within 72 hours if his or her insurer denies his or her claim; 
•	if a person cancels the contract under these conditions, the roofing contractor must refund any payments or deposits within 10 days after cancellation of the contract; and
•	provisions of this bill pertain to contracts entered into by private parties, and does not place any requirements on the departments of state government. 
Sponsors of Senate Bill 12-038: Senator Lois Tochtrop, D-Adams, 866-4863; and Representative Glenn Vaad, R-Weld, 866-2943. 
Senate Bill 12-057: This bill concerns indigenous language instruction, and is sponsored by Senator Suzanne Williams, the only American Indian in the Colorado legislature. The growing concern over the loss of indigenous languages of America’s Indian tribes is gaining much needed recognition. SB 057 adds indigenous language instruction authorization to Colorado Revised Statutes 22-60.5-111 via subparagraph (15).
   Subparagraph (15) “allows the Colorado Department of Education to authorize instructors to teach Native American language and culture courses in schools.” The bill also sets forth the requirements for professors teaching in an area of Native American languages, or if no other alternative can be identified, an expert authorized by the Colorado Department of Education. 
   “The State Board of Education is charged with promulgating rules to determine the criteria in granting the Native American language instructor authorization,” and “an authorized instructor will only instruct in partnership with a licenses teacher.” 
   SB 057 was passed and referred to the Committee of the Whole with favorable recommendation. 
Sponsors of Senate Bill 12-057: Senator Suzanne Williams, D-Arapahoe, 866-3432; and Representative J. Paul Brown, R-Archuleta, La Plata, Montezuma, San Juan, 866-2914. 
   The reader’s comments or questions are always welcome.  E-mail me at doris@dorisbeaver.com.
Doris Beaver