Senate Bill 18-230 – “Modify Laws Drilling Units Pooling Orders”

Concerning modification of the laws governing the establishment of drilling units for oil and gas wells, and, in connection therewith, clarifying that a drilling unit may include more than one well, providing limited immunity to nonconsenting owners subject to pooling orders, adjusting cost recovery from nonconsenting owners, and modifying the conditions upon which a pooling order may be entered.

Summary:

Current law authorizes ‘forced’ or ‘statutory’ pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission (commission) for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to require an owner of oil and gas resources within the drilling unit who has not consented to the application (nonconsenting owner) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners lack of consent.

The bill clarifies that an order entered by the commission establishing a drilling unit may authorize more than one well. The order must specify that a nonconsenting owner is immune from liability for costs arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling unit.

Currently, a nonconsenting owner must pay the consenting owners from the nonconsenting owner’s share of production 200% of the nonconsenting owner’s proportionate share of the costs of drilling, including equipment. The bill limits this 200% cost recovery to wells 5,000 feet or less in depth and increases the cost recovery to 300% for wells greater than 5,000 feet in depth and for horizontal wells.

Current law prohibits entry of a pooling order until the mineral rights owners have been given a reasonable offer to lease their rights. The bill specifies that the offer must be given at least 60 days before the hearing on the order and must include a copy of or link to a brochure supplied by the commission that clearly and concisely describes the pooling procedures and the mineral owner’s options pursuant to those procedures.

Sponsors:

Senator Vicki Marble | Representative Lori Saine | Representative Matt Gray

Signed on June 1st 2018 By: Crisanta Duran (Speaker of The House of Representatives) ; Kevin J. Grantham (President of The Senate) ; Marilyn Eddins (Chief Clerk of The House of Representatives) ; Effie Ameen (Secretary of The Senate) ; John W. Hickenlooper (Governor of The State of Colorado)

Senate Bill 18-233 – “Elections Clean-up”

Concerning technical modifications to miscellaneous provisions of the “Uniform Election Code of 1992”, and, in connection therewith, making an appropriation.

Summary:

The bill makes the following technical modifications to miscellaneous provisions of the ‘Uniform Election Code of 1992’ (code):

  • Section 1 of the bill clarifies that any undeliverable message or any other message indicating that the elector’s electronic-mail address is no longer valid does not need to be stored in the statewide voter registration system.
  • Section 2 specifies voter registration requirements pertaining to a homeless elector.
  • Section 3 clarifies that existing requirements prohibiting a loss of voter registration status while a person is confined in a correctional facility, jail, or state institution apply when the person is not serving a sentence for a felony conviction. Section 3 also clarifies that existing requirements permitting a confined prisoner who is awaiting trial or has not been tried to register to vote also applies to a prisoner who is not serving a sentence for a felony conviction. This section further adds that all such prisoners may list their confinement location as their ballot address for voter registration purposes.
  • Section 4 clarifies the text of certain questions an elector answers upon registering and adds as a question the address where the elector wishes to receive his or her ballot if different from the address of record. Section 41 makes a conforming change to the definition of ‘confirmation card’.
  • Section 5 clarifies the information a prospective elector must provide when registering to vote at a driver’s license examination facility. This section also makes changes to existing statutory provisions to facilitate the registration of electors at such facilities.
  • Section 6 specifies that a declaration or change of affiliation made by an unaffiliated elector must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation only applies to a primary election and does not apply to a general or coordinated election.
  • Section 7 requires the department of state, no later than July 31, 2019, to regularly provide the department of revenue (DOR) with current voter registration information. The DOR must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver’s license or state identification card.
  • Section 8 changes the deadlines for registering to vote in advance of a political party caucus, assembly, or convention and for affiliating with the political party in advance of such events.
  • Section 9 requires the state central committee of each major political party to compile and provide to the secretary of state (secretary) information concerning the membership of the county central committees of the party in addition to the bylaws or rules of each county central committee.
  • Section 10 prohibits an unaffiliated elector from signing a petition for a candidate of a major political party.
  • Section 11 prohibits a write-in vote for president in a general election from being counted unless it includes a write-in vote for vice-president.
  • Section 12 deletes an existing statutory requirement that a copy of the notice of the cancellation of an election be posted at each voter service and polling center (VSPC) of the political subdivision.
  • Sections 13 and 42 repeal statutory language requiring the county clerk and recorder (county clerk) to prepare a combined primary election ballot to be used by unaffiliated electors.
  • Section 14 clarifies the certification requirements for election judges such that they will be certifying that they are residents of the state and deletes language requiring them to certify that they reside in the political subdivision. Section 14 also changes the date in advance of an election when classes for training election or supervisor judges must be held.
  • Section 15 changes the deadline by which the appropriate official of a minor political party must certify to the county clerk an initial list of the names and addresses of electors serving as election judges.
  • Section 16 changes the deadline by which any unaffiliated elector may give notice to the county clerk offering to serve as an election judge.
  • Sections 17, 18, and 19 replace the term ‘precinct’ with ‘VSPC’ in 3 statutory sections addressing election and supervisor judges. Section 17 requires the county clerk to appoint election judges for each location where election activities are occurring instead of for each precinct as under existing law. This section also permits the county clerk to appoint an election judge to serve in a county other than the county in which the election judge resides. If more than one supervisor judge is serving at a VSPC, section 19 also requires the judges to be of different political party affiliations.
  • Section 20 replaces the term ‘polling location’ with ‘VSPC’ in a statutory section dealing with the number of election judges.
  • Section 21 repeals an outdated statutory section requiring, where voting is by ballot or on a ballot card, a particular counting of the ballots and the sealing of the transfer box. Section 20 also repeals outmoded provisions concerning preparation of the paper tape in electronic voting.
  • Section 22 changes the deadline by which comments pertaining to a ballot issue must be filed with the political subdivision.
  • Section 23 changes, for referred ballot measures, the deadline by which petition representatives are required to submit to the political subdivision comments favorable to the petition.
  • Section 24 changes the deadline by which the designated election official of a political subdivision (DEO) is required to submit to the county clerk the full text of any required ballot issue notices.
  • Sections 25, 26, 27, and 29 eliminate the general requirement that a secrecy envelope or sleeve be included in a mail ballot packet. Section 26 also modifies the language used for instructing the elector on completing a mail ballot. Section 29 also requires the county clerk to ensure the privacy of each elector’s vote when election judges are removing and separating marked ballots from return envelopes and specifies actions that must be taken by the county clerk if he or she chooses not to include a secrecy envelope or sleeve in the mail ballot packet.
  • Section 28 also changes the deadline by which a DEO is required to provide a mail ballot to a registered elector who requests the ballot at the DEO’s office or the office designated in the mail ballot plan filed with the secretary.
  • Section 30 repeals statutory provisions governing the process of applying for an absentee ballot.
  • Section 31 provides that, if the declaration accompanying a federal write-in absentee ballot is received after the election, it is to be treated as an application to register to vote for subsequent elections.
  • Section 32 changes the deadline by which the DEO is to complete the verification and counting of all provisional ballots.
  • Section 33 changes the deadline by which the canvass board is to complete its duties.
  • In the case of an election that includes a statewide ballot measure, section 34changes the deadline by which the county clerk is to transmit to the secretary the portion of the abstract of votes cast that contains the statewide abstract of votes cast. Section 34 also changes the deadline by which the secretary is to compile and total election returns, determine if a recount is necessary, and order any recounts.
  • Section 35 changes the deadline by which the canvass board is to certify to the DEO the official abstract of votes cast for all candidates and ballot measures in the election.
  • Section 36 deletes a requirement that the secretary notify the affected county clerk of a recount for congressional, state and district offices, state ballot questions, and state ballot issues by means of registered mail and facsimile transmission. Section 36 also changes the deadline for completing the recount.
  • Section 37 changes the deadline by which a recount of other offices, ballot issues, and ballot questions arising out of an election coordinated by the county clerk is to be completed and also changes another deadline affecting the notice to be given to the county clerk by a political subdivision where a recount is being waived.
  • Section 38 changes the deadlines by which an interested party is to submit a notarized written request for a recount and by which an automatic recount is to be completed.
  • Section 39 changes the manner of calculating the number of signatures required for a petition to recall a school district director.
  • Section 40 changes the deadline by which a signer may request that his or her name be stricken from a recall petition.

Sponsors:

Senator Vicki Marble | Senator Stephen Fenberg | Representative Mike Foote | Representative Patrick Neville

Signed on May 29th 2018 By: Crisanta Duran (Speaker of The House of Representatives) ; Kevin J. Grantham (President of The Senate) ; Marilyn Eddins (Chief Clerk of The House of Representatives) ; Effie Ameen (Secretary of The Senate) ; John W. Hickenlooper (Governor of The State of Colorado)

Senate Bill 18-239 – “Animal Chiropractic Education And Reporting Requirements”

Concerning a licensed chiropractor’s ability to perform animal chiropractic on an animal patient.

Summary:

Under current law, a licensed chiropractor must obtain a veterinary medical clearance from a licensed veterinarian before performing an animal chiropractic act that falls within the chiropractor’s scope of practice on an animal patient.

Section 2 of the bill removes the veterinary medical clearance requirement for licensed chiropractors who have successfully completed 9 hours of course work related to contagious, infectious, and zoonotic diseases. Section 2 also requires that continuing education requirements for renewed registration in animal chiropractic include a 2-hour course on Colorado incidence rates for contagious, infectious, and zoonotic diseases. Finally, section 2 requires a licensed chiropractor performing animal chiropractic to notify the state veterinarian and an animal patient’s licensed veterinarian if the licensed chiropractor suspects that the animal patient has a disease, including if he or she suspects the animal patient has one of a list of diseases that the state veterinarian has determined to require reporting.

Section 1 adds a definition of ‘licensed veterinarian’ to mean a veterinarian licensed under the ‘Colorado Veterinary Practice Act’, adds a definition of ‘equid’, and amends the definition of ‘animal chiropractic’ to refer to performing chiropractic adjustment of dogs and equids, where current law defines it as performing chiropractic adjustment of dogs and horses.

Sponsors:

Senator Vicki Marble | Representative Jeni James Arndt | Representative Jon Becker

Signed on May 29th 2018 By: Crisanta Duran (Speaker of The House of Representatives) ; Kevin J. Grantham (President of The Senate) ; Marilyn Eddins (Chief Clerk of The House of Representatives) ; Effie Ameen (Secretary of The Senate) ; John W. Hickenlooper (Governor of The State of Colorado)

Paid for by Marble for House District 49.
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