Senate Committee on Judiciary (04/01/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/01/2009	ATTENDANCE

Time:	01:35 PM to 02:14 PM	Hudak	*
		King K.	*
Place:	SCR 352	Lundberg	X
		Newell	X
This Meeting was called to order by		Renfroe	X
	Senator Carroll M.	Carroll M.	X
		Morse	*
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1287		Referred to the Committee of the Whole

01:35 PM -- House Bill 09-1287

Senator Mitchell, bill sponsor, presented House Bill 09-1287 concerning changes to the Colorado Probate Code. He explained that the bill makes several changes to the probate code, including inflation adjustments and incorporating provisions from the Colorado Commission on Uniform State Laws. Senator Mitchell also noted that the bill updates probate law in relation to fertility and gestational agreements.

01:41 PM -- Marc Darling and Laurie Hunter, representing the Colorado Bar Association, spoke in support of the bill. Mr. Darling discussed the extended effective date of the bill which is to ensure that the implementation process goes smoothly. He also explained to the committee the provisions of the bill. Ms. Hunter discussed the assisted reproduction portion of the bill. She explained that the bill updates intestate succession for people who die without a will to include more detailed rules concerning who is a parent and who is a child. Ms. Hunter noted that, under this bill, sperm used after the death of a husband could be used within three years and the child would be considered the child of the woman and the deceased father. Mr. Darling explained that this bill is not a uniform revision of the entire probate code, but rather only deals with some provisions of the code.

01:55 PM

Senator Newell asked for an overview of the bill. Ms. Hunter explained that the first section of the bill deals with cost of living adjustments and section two concerns intestate succession. Mr. Darling discussed the pattern for intestate succession. Ms. Hunter also explained the provision of the bill concerning assisted reproductive techniques. Senator Renfroe asked about the process for adoption and when a child would be considered for intestate succession.

02:05 PM

Ms. Hunter continued to discuss the specifics of the bill. Mr. Darling discussed the provision of the bill concerning witnesses for wills and getting a will notarized.

02:10 PM

Senator Mitchell concluded his presentation of the bill.


BILL:	HB09-1287
TIME:	02:11:03 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1287 to the Committee of the Whole. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Excused
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:14 PM

The committee adjourned.