Results continue for bankers in 2014

[Pages:26]Results continue for bankers in 2014 CBA maintains 100 percent success

Successful: CBA CBA 2014 State Lobbying Results

position (Amend/Oppose)

prevailed 11%

Successful: CBA

position (Support)

prevailed 2% Unsuccessful: CBA position didn't

prevail

0%

Successful: CBA position (Monitor

re Bad Amendments)

worked 87%

State Government Relations 178 bills monitored/tracked/lobbied Worked with legislators to pass acceptable foreclosure bill and put issue to rest Initiated and shepherded proactive legislation to protect the value of a state bank charter by eliminating outdated provisions Worked to develop and pass legislation ensuring banks' use of credit information in employment decisions Worked to educate legislators and the public on marijuana banking Succeeded a seventh time in killing a proposed state-owned bank ballot measure Joined forces with the broader business community against economy-injuring fracking initiatives Participated in a wildfire task force at Governor Hickenlooper's request

Colorado Banker Association Action List - Priority Items

HB14-1008

Comment: Position: Short Title: Sponsors:

Allow CWRPDA Private Entity Forest Health Loans

Would permit the Authority to lend to private entities Monitor Allow CWRPDA Private Entity Forest Health Loans HAMNER

Summary: Status:

Wildfire Matters Review Committee. The bill authorizes the Colorado water resources and power development authority to make loans to private entities for purposes of forest health projects contemplated by legislation passed in 2013.

04/30/2014 Sent to the Governor

HB14-1041

Comment: Position: Short Title: Sponsors: Summary:

Status:

Concealed Handgun Carry Without Permit

Need to ensure a bank's ability to prohibit or permit a weapon on premises

Actively Monitor

Concealed Handgun Carry Without Permit

WRIGHT / GRANTHAM

The bill allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun under current law, including the prohibition on the carrying of a concealed handgun on the grounds of a public elementary, middle, junior high, or high school.

02/04/2014 House Committee on Judiciary Postpone Indefinitely

HB14-1057

Comment: Position: Short Title: Sponsors: Summary:

Fraud Investigators Unit Surcharge Report

Increase of $1 in filing fee to go towards the CBI ID theft board

Monitor

Fraud Investigators Unit Surcharge Report

NAVARRO / KING

Currently there is a surcharge on all uniform commercial code filings with the secretary of state to fund the Colorado fraud investigators unit (unit) in the Colorado bureau of investigation. The bill increases the surcharge from $3 to $4 for 3 years starting July 1, 2014. During the 3 years, the bill requires the department of public safety to report on the activities of the unit at its "Smart Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.

Status:

04/18/2014 Governor Signed

HB14-1063

Comment:

Position: Short Title: Sponsors: Summary:

Status:

Deadly Force Against Intruders At Businesses

Protection for banks when there is a shooting of the suspect involved in a bank robbery

Actively Monitor

Deadly Force Against Intruders At Businesses

EVERETT / GRANTHAM

The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses.

02/17/2014 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB14-1073

Comment: Position: Short Title: Sponsors: Summary:

Recording Of Deeds & Other Legal Documents

Monitor for any amendments that impact on DOT filing

Monitor

Recording Of Deeds & Other Legal Documents

PABON

The bill makes the following modifications to various statutory provisions involving the recording of deeds or other legal documents: * Current statutory provisions governing the issuance of bonds by a school district provide that the bonds are required to be registered by a county clerk and recorder (clerk). Section 1 of the bill eliminates the existing fee of $25 charged for the registration and specifies that the amount of the fee is the amount required to be paid under general provisions authorizing a clerk to impose a fee for filing or recording. * In connection with the Colorado Open Records Act, section 2 of the bill removes from the group of records that may only be inspected by a person in interest records of an application for a marriage or a civil union license. * Existing statutory provisions providing the right of inspection of abstract books and related papers give abstractors, title insurance personnel, and others the opportunity to subscribe on an annual basis for a daily copy in bulk of all documents recorded and filed. Section 3 of the bill eliminates the ability to subscribe on an annual basis.

Status:

* Section 4 of the bill adds to existing general requirements pertaining to recording or filing documents with the clerk the requirement that the document be legible. * Section 5 of the bill addresses general requirements for filing documents with the clerk. This section of the bill specifies when a document is deemed to be received, accepted, or recorded. With respect to recorded documents, the bill requires the clerk to keep record of any reception number, volume, film, or page that is unused, and to immediately make entry into the clerk's index. Finally, this section of the bill generally obligates the clerk to record any document by the end of business on the next business day and to keep record of the name of the recipient of the delivery of a recorded document. * Section 6 of the bill modifies existing statutory provisions governing the process of filing with the clerk an order dissolving a special district. In such circumstances, where there are no remaining funds of the district, this section of the bill permits the division of local government to claim an existing statutory exemption from payment of recording fees at the time the document is offered for recording. * Sections 7, 8, and 9 of the bill establish that a verification of death document may be filed with the clerk as an alternative to a death certificate in connection with legal proceedings adjudicating an interest in real property of a person who is deceased. * Current statutory provisions provide grounds under which the clerk is not required to return the original release of a deed of trust. Section 10 of the bill also permits the clerk to retain the original release where it is electronically recorded. * Under current law, a documentary fee is charged upon the conveyance of real property and the clerk is required to establish payment of the fee by imprinting evidence of payment on each document to which the fee applies. Section 11 of the bill alternately permits the clerk to establish payment of the fee in the recording annotation.

03/14/2014 Governor Signed

HB14-1093

Comment: Position: Short Title: Sponsors: Summary:

Establish Creative District Community Loan Fund

Amend to ensure any line filed has priority in the order it is filed

Amend

Establish Creative District Community Loan Fund

DURAN / NEWELL

The bill establishes the creative district community loan fund. The fund consists of moneys appropriated or transferred to the fund by the general assembly, matching moneys received by the creative industries division of the office of economic development (division) from any community development finance institution with which the division enters into a memorandum of understanding regarding contributions to the fund, and any other moneys contributed to the fund by any foundation or other public or private person. Subject to annual appropriation by the general assembly, a maximum loan amount limitation, and a matching moneys requirement, the division may make loans or loan guarantees from the creative district community loan fund to

Status:

any person who is developing, constructing, or redeveloping commercial real estate, mixed-use projects, or community facilities within a state-certified creative district that will support the purposes or growth of the district. The division may retain up to 5% of the moneys appropriated or transferred to the fund by the general assembly for administrative costs, and any unexpended and unencumbered moneys from an appropriation made by the general assembly from the fund remain available for expenditure by the division in the next fiscal year without further appropriation.

05/02/2014 House Considered Senate Amendments - Result was to Concur - Repass

HB14-1095

Comment: Position: Short Title: Sponsors: Summary:

Status:

CBI Cyber Crime Jurisdiction

Positive impact on ID theft and fraud prevention

Support

CBI Cyber Crime Jurisdiction

KAGAN / NEWELL

The bill requires the Colorado bureau of investigation (bureau) to: * Conduct criminal investigations relating to computer crime; * Develop and collect information with regard to computer crime in an effort to identify, charge, and prosecute criminal offenders and enterprises that unlawfully access and exploit computer systems and networks and report such information to the appropriate law enforcement organizations. The bureau must also provide awareness training and information concerning cyber-security and security risks to the information technology critical infrastructure industry. * Prepare annual reports concerning any activities of computer crime in Colorado for use by local or federal law enforcement officials or the governor.

05/01/2014 Sent to the Governor

HB14-1103

Comment: Position: Short Title: Sponsors:

Securities Criteria Legal Investment Public Funds

Monitor for any potential amendments that would impact PDPA Actively Monitor Securities Criteria Legal Investment Public Funds PABON / HARVEY

Summary: Status:

Current law allows investment of public funds in domestic government general obligation bonds only if the bonds are rated in one of the 2 highest ratings categories ("AA-" or its equivalent or higher) by at least 2 rating organizations and have a term of 3 years or less and in domestic revenue bonds only if the bonds are rated in the highest rating category ("AAA") by at least 2 rating organizations and have a term of 3 years or less. The bill allows investment of public funds in such bonds only if the bonds carry at least 2 credit ratings from rating organizations and are rated at or above "A" or its equivalent by all such organizations that have provided a rating and have terms of 5 years or less.

03/27/2014 Governor Signed

HB14-1109

Comment: Position: Short Title: Sponsors: Summary:

Status:

Limit On Consumer Liability For Unsolicited Checks

Sponsor has agreed to PI (kill) bill

Actively Oppose

Limit On Consumer Liability For Unsolicited Checks

GINAL

Section 1 of the bill specifies that a consumer is not liable on the debt resulting from the use of an unsolicited check unless the consumer accepted the check by using it. Section 1 also requires a credit card issuer who sends an unsolicited check to a consumer to conspicuously disclose the interest rate and finance charges associated with use of the check and prohibits the use of terms such as "pre-approved" on the outside of the envelope. Section 2 makes a violation of section 1 a deceptive trade practice, enforceable through a private lawsuit for treble damages or through action by the attorney general.

02/18/2014 House Committee on Business, Labor, Economic, & Workforce Development Postpone Indefinitely

HB14-1112

Comment:

Position:

Short Title:

Authorize Clerks To Redact Social Security Numbers

Monitor for fraud impact

Actively Monitor

Authorize Clerks To Redact Social Security Numbers

Sponsors: Summary:

Status:

LEBSOCK

The bill requires a county clerk and recorder (clerk) to redact the first 5 digits of a social security number from a public document filed with the clerk upon the request of the individual assigned the social security number or that individual's designee by power of attorney or appointment of personal representative, custodian, conservator, or guardian if: * The document is in electronic form; * The clerk has the equipment needed to make the redaction automatically; and * The individual requesting redaction makes the request in writing on a form provided by the clerk and pays a fee. A clerk may, but is not required to, make a requested redaction even if he or she lacks the equipment to do so automatically.

03/14/2014 Governor Signed

HB14-1130

Comment: Position: Short Title: Sponsors: Summary:

Status:

Foreclosure Cure Remit Unpaid Fees To Borrower

Monitor for amendments to ensure no negative impacts on banking

Monitor

Foreclosure Cure Remit Unpaid Fees To Borrower

MCCANN / ULIBARRI

Current law is silent on when and how fees for court filings, published notices, and other costs of foreclosure are to be calculated and paid and, if overpaid, refunded. The bill specifies that all costs and fees charged to a borrower must be accurately accounted for and that any overpayments based on prepayments or estimates must be promptly refunded to the borrower.

04/30/2014 Sent to the Governor

HB14-1140

Comment:

Position: Short Title:

Compromised Personal Or Financial Identifying Info

Monitor for any amendments that would impact private business, currently bill only impacts governmental entities

Actively Monitor

Compromised Personal Or Financial Identifying Info

Sponsors: Summary:

Status:

CONTI

If a state entity experiences an accidental or deliberate event that results in or constitutes a threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of personal or financial identifying information (security incident) and determines that the security incident occurred due to an error of the state entity or any employee of the state entity or due to a lack of security protecting the personal or financial identifying information held by the state entity, the state entity must notify any person who may be impacted by the security incident of the following: * That a security incident occurred and that the security of the person's personal or financial identifying information held by the state entity may have been compromised; * That the person is entitled to have the state entity pay for identity theft protection services on the person's behalf for a limited time after the security incident occurred; and * That the person may contact the state entity for further information. The state entity shall include relevant contact information for the state entity in the notification. The bill requires the chief information officer of the office of information technology to promulgate rules necessary for the implementation of these requirements. The rules promulgated by the chief information officer apply to each executive branch department of the state and may be adopted by any state entity that is not an executive branch department. A state entity that is not an executive branch department and that does not adopt the rules of the chief information officer is required to promulgate its own rules or adopt its own policies as necessary for the implementation of these requirements.

03/10/2014 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB14-1141

Comment: Position: Short Title: Sponsors: Summary:

Confidentiality Social Security Numbers

Monitor for any impact on banking and fraud

Monitor

Confidentiality Social Security Numbers

CORAM

The bill: * Prohibits an entity with a board of directors, including an advisory board, from requiring an unpaid member of the board to disclose his or her social security number to the entity in order to serve as a member of the board; * Makes it unlawful for the state or any local government to deny an individual a right, benefit, or privilege provided by law because the individual refuses to disclose his or her social security number; * Requires the state or any local government that requests an individual to disclose his

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