The Official Publication of SWALL: 
The Southwestern Association of Law Libraries
A Chapter of the American Association of Law Libraries

SWALL BULLETIN

TABLE OF CONTENTS

FROM THE BENCH

President's Letter
from Beth Youngdale

SWALL AT AALL

SWALL Members at the Twin Cities: A Round up of the 2001 AALL Annual Meeting 
by Robert Hu

TRANSCRIPT

Minutes of SWALL Business Meeting: Minnesota
by Susan Spillman

WILLS AND ESTATES: 
ARCHIVAL AND PRESERVATION

Rice University's Seminar on Collection Preservation in Light of Hurricane Allison
by Mark Lambert

SIDEBAR

My AALL Experience: 2001
by Caren Luckie

Reflections Upon Retiring From The Colorado Supreme Court Library
by Lois Calvert

Changes in Law Libraries from 1996 to 2001:
Survey Data for Southwest Librarians

by Sue Altmeyer

STATUTORY SUPPLEMENTS:
STATE LEGISLATURES

Bills from 63rd Colorado Legislative Session of Interest to Law Librarians 
by Molly Otto

Compiling Legislative History in Texas
by Matthew Mantel

Arkansas Legislative History Research Guide 
by Kathryn C. Fitzhugh

EXPERT WITNESSES:
REGIONAL REPORTS

News From the CoALL Annual Holiday Party 
by Karen Selden 

COURT FILINGS: 
NEWS AND ANNOUNCEMENTS

News from the Arkansas Supreme Court Library

News From the University of Arkansas

News from the University of Texas Tarlton Law Library

News From The Colorado Supreme Court

News from the National Indian Law Library in Boulder, Colorado

News from the Texas State Law Library

News from Vinson & Elkins in Houston
by Karl Gruben

News from the AALL Government Relations Committee:
Call For Nominations For The 2002 Public Access To Government Information Award
 

Fall 2001, Vol. 32 No. 2

STATUTORY SUPPLEMENTS:
STATE LEGISLATURES

BILLS FROM THE 63rd COLORADO LEGISLATIVE SESSION OF INTEREST TO LAW LIBRARIANS: 
by Molly Otto
Senior Librarian
Colorado Legislative Council Library

During the previous regular and special sessions of the Colorado General Assembly, twenty bills were introduced that relate to the legal process, eight of which were signed by the governor; Seven of the twenty bills concern libraries and records management, six of which were signed by the governor. There were three additional bills of interest which the governor signed concerning: property tax exemption for seniors; telephone solicitors; and social security numbers on drivers' licenses and identification cards.

For additional information on these bills, visit the Colorado General Assembly homepage at:  http://www.state.co.us/gov_dir/stateleg.html

LEGAL PROCEDURES & ATTORNEYS
HOUSE BILLS

H.B. 1075-District Courts-Judges-Appropriation

Effective July 1, 2001 the number of district court judges will increase in six specified judicial districts. Subject to available appropriations, this will increase the number of district court judges in specified judicial districts by defined effective dates.

STATUS: Signed into law by the Governor

H.B. 1185-Notice and Hearings in Probation Cases

Effective August 8, 2001, permits a district attorney to request a hearing if there is a motion to change conditions of probation.

STATUS: Signed into law by the Governor

H.B. 1323-Mandated Criminal Costs

Effective July 1, 2001, increases the list of costs that may be charged to a person convicted of a crime.

STATUS: Signed into law by the Governor

HJR 1027-Criminal Sentencing Interim Committee

Establishes a legislative committee to review the state's criminal sentencing laws.

STATUS: Signed into law by the Governor

H.B. 1052-Child Custody

Replaces current child endangerment standard with specific "best interests of the child" criteria. Proposes changes in court procedures in certain child custody cases.

Postponed Indefinitely in Committee

H.B. 1121-Countywide Ballot Initiatives 

Gives county electors enumerated initiative and referendum powers with respect to countywide issues.

Postponed Indefinitely in Committee

H.B. 1231-Auto Theft Prevention Program

Proposes the establishment of an automobile theft prevention program in the department of public safety, to provide grants to create multiple law enforcement agency automobile theft prevention, enforcement, or prosecution programs.

Postponed Indefinitely in Committee

H.B. 1392-Bail Bond Criteria & Pretrial Services

Specifies the situations that determine the pretrial release of a defendant, and revisions in the bail bond conditions.

Postponed Indefinitely in Committee

 

LEGAL PROCEDURES & ATTORNEYS
SENATE BILLS

S.B. 48-County Court Judge-City and County of Broomfield-Appropriation

Effective July 1, 2001, designates the city and county of Broomfield as a class B county. Approves one county judge for the city and county of Broomfield. 

STATUS: Signed into law by the Governor

S.B.-140-Small Claims Court-Expanded Jurisdiction.

Effective September 1, 2001, broadens the category of person who may present an action in small claims court. Clarifies the role of attorneys and responsibilities of small claims court in specific cases.

STATUS: Signed into law by the Governor

S.B. 188-Supplemental Appropriation-Judicial Department

Effective March 5, 2001, decreases appropriations to the department of law.

STATUS: Signed into law by the Governor

SCR (Senate Concurrent Resolution) 002-Exempt District Attorneys from Term Limits

Proposes an amendment to the state's constitution exempting district attorneys from constitutional term limits.

STATUS: Signed into law by the Governor

S.B. 013-Report of Child Abuse in Foster Care

Revises reporting procedures of abuse of children in foster care.

Postponed Indefinitely in Committee

S.B. 039-Partisan Election of Regional Transportation District (RTD) Board

Specifies partisan election procedures for members of the regional transportation district (RTD) board.

Postponed Indefinitely in Committee

S.B. 053-Secured Transactions Uniform Act

Recommends the repeal and re-enactment of article 9 section 4 of the "Uniform Commercial Code-Secured Transactions" of the Colorado Revised Statutes. Increases the types of property and transactions currently covered by article 9. Defines regulations for creation, perfection, priority and enforcement of security interests, and the rules for consumer transactions.

Postponed Indefinitely in Committee

LIBRARIES AND RECORD MANAGEMENT
HOUSE BILLS

H.B. 1006-Secretary of State-Filing-Legislative Journals-Agency Rules

Effective August 8, 2001, authorizes secretary of the Senate and chief clerk of the House of Representatives to submit the Senate and House journals directly to state archives, rather than with the Secretary of State.

Permits the Secretary of State to require state agencies to file rules in an electronic format which follow current state law requirements.

STATUS: Signed into law by the Governor

H.B. 1009-State Auditor-Records Management Audits

Effective August 8, 2001, authorizes state auditor's office to perform records management audits in each state agency on a routine basis.

STATUS: Signed into law by the Governor

H.B. 1010-State archives and public records-assessment of available storage space-report

Effective August 8, 2001, requests that the executive director of the department of personnel, or director's designee, evaluate every 3 years the space availability for public records storage in the state archives and in the public records area.

Requires the executive director or designee to submit an initial report to the legislative audit committee no later that September 1, 2002.  The report must be based on the space needs evaluation.  The executive director or designee must also submit an updated report each 3 years thereafter. Specifies the data that the executive director will include in the report.

STATUS: Signed into law by the Governor

H.B. 1359-Open Meetings and Public Records-Recording of Executive Sessions-Exceptions-Notice of Executive Session-Access to Records-Attorney Fee Awards-Records Used In Rule Making

Effective August 8, 2001, requires discussions during an executive session of a state or local public group, except discussions concerning students, be recorded in the same method and media that minutes of open meetings are recorded. Defines requirements with which a public entity must comply when making any form of electronic recording of executive session discussions. . The statutory cite authorizing the executive session must be included with the content of the executive session, and a statement signed by the chair of the executive session verifying the contents of the session.

The bill includes exceptions; approved and denied access to these records; and definitions.

STATUS: Signed into law by the Governor

LIBRARIES AND RECORD MANAGEMENT
SENATE BILLS

S.B. 76-School District Collective Bargaining Agreements-Public Disclosure

Effective August 8, 2001, it will be required that each school board furnish to the state board of education and to the largest public library in the school's district , copies of all collective bargaining agreements entered into by the school board. Each school board is required to post copies of current collective bargaining agreements on its website if possible. Requests that these collective bargaining agreements are made available for public inspection by the entities receiving them.

STATUS: Signed into law by the Governor

S.B. 186-Supplemental Appropriation-Judicial Department

Effective March 5, 2001, amends the 2000 general appropriation act to increase the total appropriations for the judicial department, which includes the Colorado Supreme Court Library.

STATUS: Signed into law by the Governor

OTHER BILLS OF INTEREST TO LAW LIBRARIANS
HOUSE BILLS

H.B. 1224-Property Tax-Exemption For Qualified Seniors

Effective April 25, 2001, for property tax years beginning on or after January 1,2002, creates for qualifying senior citizens who have owned and occupied residential real property for 10 years as of the assessment date, a property tax exemption for 50% of the first $200,000 of actual value of owner-occupied residential real property used as their primary residence.

The bill then lists 22 qualifying factors and rules for the exemption.

STATUS: Signed into law by the Governor

H.B. 1405-Consumer Protection-Telephone Solicitations-No-Call List

Effective August 8, 2001, establishes the "Colorado No-Call List Act" as part of the "Colorado Consumer Protection Act." States that marketing goods and services via telephone and fax is pervasive. Establishes the Colorado no-call list program, to ensure individuals' privacy, while protecting legitimate telemarketing enterprises.

The bill includes specific definitions in the act; as well as inclusions and exemptions to the act.

STATUS: Signed into law by the Governor

OTHER BILLS OF INTEREST TO LAW LIBRARIANS
SENATE BILLS

S.B. 142-Drivers' Licenses-Identification Cards-Social Security Number

Effective August 8, 2001, allows the department of revenue to accept from a driver's license or identification card applicant, a sworn statement testifying to an applicant's social security number, so that the department may issue a driver's license or identification card. Specifies that the social security number furnished by applicant is confidential unless confidentiality is waived, or it is requested by state child support agency, department of revenue or court ordered.

STATUS: Signed into law by the Governor

SOURCES:

Colorado General Assembly Homepage: http://www.state.co.us/gov_dir/stateleg.html

Office of Legislative Legal Services of the Colorado Legislative Council, Digest of Bills Enacted by the 63rd General Assembly First Regular Session, June 2001.

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