July 1, 2010 July 1, 2010 – A New Fiscal Year Begins
many new laws enacted during the 2010 session take effect on this date
Today is the first day of the new fiscal year for the State of Colorado, and many new laws enacted during the 2010 session take effect on this date. The annual budget for the state is probably the most important bill that becomes effective today (HB 10-1376), but many other new laws kick in today.
Some of the notable new laws on today’s list include the following:
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- SB 10-158 – authorizes the Creative Industries Division within the Economic Development; part of a package of bills I supported to promote the arts and Colorado’s creative economy
- HB 10-1284 – regulates medical marijuana growers and dispensers; establishing a framework for a brave new industry
- HB 10-1135 – protects children caught in custody disputes involving domestic violence
- SB 10-20 – authorizes the CoverColorado board of directors (of which I am a non-voting member) to negotiate fee schedules with providers, helping keep the plan solvent for those with no other resort
- SB 10-128 – closes the loophole in the Peeping Tom law that we learned about because of the creepy guy that drilled a hole in the hotel room wall and watched on a live feed but didn’t record
- SB 10-156 – expands the rights of residents of mobile home parks
- SB 10-199 – updates the Probate Code to clean-up the Designated Beneficiaries Act and provide protection to parents and kids in second parent adoptions, among other provisions
- and several “fixes” to the FASTER vehicle registration legislation from 2009.
Two of the new laws starting today have my name on them. I was the Senate sponsor of:
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- HB 10-1277 – extends prison sex assault laws to facilities with the Division of Youth Corrections
- HB 10-1255 – continues the Colorado Commission for the Deaf and Hard of Hearing
As I was researching bills for this post, I discovered that very few of the bills I sponsored took effect today. In total, 30 of my bills were signed into law by Gov. Ritter, but only the two listed above specified a July 1 effective date. The majority of my bills won’t take effect until August, or they were effective upon the signature of the governor.
To understand the intricacies of when new legislation takes effect one must consult a few key provisions of the Colorado Constitution. Referendum petition rights are reserved in Article V, section 1 of the Colorado Constitution. No act of the legislature may take effect until a 90-day period of time for citizens to collect signatures on referendum petitions has elapsed. The exception to this rule is legislation “necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of the departments of state and state institutions…” In such cases the law may take effect sooner and no opportunity for citizens to collect signatures on petitions and force a referendum on the act is afforded.
Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.
It is from this language in Article V, section 1 (3) of the Colorado Constitution that the so-called “Safety Clause” is derived. This clause, frequently appended upon a piece of legislation, prevents a referendum. Without the potential for a 90-day delay due to a referendum petition, an earlier effective date is possible. When the Safety Clause is included and no other effective date is specified, the new law is effective upon signature of the governor.
There are many legitimate reasons why the legislature employs the Safety Clause, but its overuse has been rightfully criticized in recent years. For legislation that really does promote public safety an effective date as early as possible is warranted. For legislation that appropriates funding for a fiscal year (which always begins on July 1), the Safety Clause is necessary for the money to flow in a timely manner. Routine “sunset review” legislation generally has a Safety Clause just to deal with specified July 1 repeal dates in a timely manner. Finally, many criminal laws require a date certain to be specified so that potential defendants may be on notice that their conduct is now criminal, otherwise Due Process violations could be asserted as a defense. But of course legislation specifying criminal conduct is easy to fit under the Safety Clause and justify its early implementation.
The 2010 legislative session saw fewer bills using the Safety Clause and thus fewer laws with a July 1 effective date. I think this is a positive trend and am glad to have contributed to it.
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