Amendments for HB24-1291
House Journal, February 28
51 HB24-1291 be amended as follows, and as so amended, be referred to
52 the Committee of the Whole with favorable
53 recommendation:
54
55
1 Amend printed bill, page 4, after line 2 insert:
2
3 "(3) A LICENSED LEGAL PARAPROFESSIONAL SHALL NOT
4 REPRESENT A CLIENT IN MATTERS GOVERNED BY ARTICLE 2.5, 3, 3.1, 3.3,
5 4.5, 5, 5.5, OR 7 OF TITLE 19.".
6
7 Page 14, line 22, after "PARAPROFESSIONAL" insert "OR TO ANY ADVICE
8 GIVEN TO THE CLIENT BY THE CLIENT'S ATTORNEY OR LICENSED LEGAL
9 PARAPROFESSIONAL".
10
11 Page 24, after line 9 insert:
12
13 "SECTION 25. In Colorado Revised Statutes, 19-6-103, amend
14 (1) as follows:
15 19-6-103. Summons. (1) Upon filing of the petition, the clerk of
16 the court, or the attorney OR LICENSED LEGAL PARAPROFESSIONAL for the
17 petitioner, or the delegate child support enforcement unit shall issue a
18 summons stating the substance of the petition and requiring the
19 respondent to appear at the time and place set for hearing on the
20 petition.".
21
22 Renumber succeeding section accordingly.
23
24
Senate Journal, March 19
HB24-1291 by Representative(s) English and Joseph; also Senator(s) Roberts and Gardner--Concerning
a licensed legal paraprofessional's authority to represent individuals in certain domestic
relations matters.
Amendment No. 1(L.003), by Senator Gardner.
Amend reengrossed bill, page 24, after line 21 insert:
"SECTION 26. In Colorado Revised Statutes, 26-13.5-102, amend (4)
as follows:
26-13.5-102. Definitions. As used in this article 13.5, unless the
context otherwise requires:
(4) "Costs of collection" means attorney fees OR LICENSED LEGAL
PARAPROFESSIONAL FEES,costs for administrative staff time, service of process
fees, court costs, costs of genetic tests, and costs for certified mail. Attorney
fees, LICENSED LEGAL PARAPROFESSIONAL FEES, and costs for administrative
time shall MUST only be collected in accordance with federal law and rules and
regulations.
SECTION 27. In Colorado Revised Statutes, 26-13.5-103, amend
(1)(t) as follows:
26-13.5-103. Notice of financial responsibility issued - contents.
(1) The delegate child support enforcement unit shall issue a notice of financial
responsibility to the APA-respondent who is the obligee or an obligor who owes
a child support debt or who is responsible for the support of a child or to the
custodian of a child who is receiving support enforcement services from the
delegate child support enforcement unit pursuant to article 13 of this title 26. If
the obligor has applied for child support services, the notice must be served on
the obligee. The notice must advise the APA-respondent:
(t) That the APA-petitioner or APA-respondent has the right to consult
an attorney OR LICENSED LEGAL PARAPROFESSIONAL and the right to be
represented by an attorney OR LICENSED LEGAL PARAPROFESSIONAL at the
negotiation conference; and
SECTION 28. In Colorado Revised Statutes, 26-13.5-107, amend (1)
as follows:
26-13.5-107. Orders - duration - effect of court determinations.
(1) A copy of any order of financial responsibility or of any default order or of
any temporary order of financial responsibility issued by the delegate child
support enforcement unit must be sent by such THE unit by first-class mail to the
APA-petitioner and APA-respondent or his or her THE APA-PETITIONER'S OR
APA-RESPONDENT'S attorney OR LICENSED LEGAL PARAPROFESSIONAL of record
and to the custodian of the child.
SECTION 29. In Colorado Revised Statutes, 26-13.5-116, amend (1)
and (3) as follows:
26-13.5-116. Attorney of record in administrative process action
case. (1) If a party retains legal counsel to represent him or her THE PARTY in
an APA case, a written notice of representation signed by both the party and his
or her THE PARTY'S attorney OR LICENSED LEGAL PARAPROFESSIONAL must be
received by the delegate child support enforcement unit. The notice of
representation is not effective until delivered to the delegate child support
enforcement unit.
(3) Except for service of the notice upon the APA-respondent, an
attorney OR LICENSED LEGAL PARAPROFESSIONAL of record must, on behalf of
his or her THE client, receive a copy of all documents delivered to the parties in
an APA case.".
Renumber succeeding section accordingly.
Amendment No. 2(L.004), by Senator Roberts.
Amend reengrossed bill, page 3, strike line 27.
Page 4, strike lines 1 through 5 and substitute:
"(2) A LICENSED LEGAL PARAPROFESSIONAL SHALL NOT:
(a) ENGAGE IN ANY TASKS OR ACTIVITIES THAT ARE PROHIBITED BY THE
COLORADO SUPREME COURT PURSUANT TO COURT RULES;
(b) REPRESENT A CLIENT IN MATTERS GOVERNED BY ARTICLE 2.5, 3, 3.1,
3.3, 4.5, 5, 5.5, OR 7 OF TITLE 19; OR
(c) REPRESENT A CLIENT IN AN IMMIGRATION MATTER PURSUANT TO
SECTION 6-1-727 UNLESS AUTHORIZED PURSUANT TO FEDERAL LAW TO
REPRESENT AN INDIVIDUAL IN IMMIGRATION MATTERS.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.