Date: 05/06/2010

Final
BILL SUMMARY for SB10-199

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.002 (Attachment A). Th
Adopt prepared amendment L.003 (Attachment B), whi
Refer Senate Bill 10-199, as amended, to the Commi		Pass Without Objection
Pass Without Objection
PASS



02:03 PM -- Senate Bill 10-199

Representative Court, sponsor, presented Senate Bill 10-199 concerning clarifying revisions to certain provisions of the Colorado Probate Code. The bill makes several modifications to the probate code. Specifically, the bill:

• requires that cost-of-living adjustments of certain dollar amounts be rounded to $1,000 increments, rather than $100 increments;
• defines the word "will" to exclude designated beneficiary agreements, but clarifies the rights of a designated beneficiary to receive all or part of an intestate estate;
• clarifies that a child who is in the process of being adopted by a second adult in a second-parent adoption when the second adult dies shall be treated as adopted by the second adult if the child's parent survives the second adult by 120 hours;
• reduces the evidence required to overcome a presumption that a deceased spouse has a parent-child relationship with a child born using assisted reproduction technologies;
• revises the scope of the rules of construction applicable to wills and other governing instruments to specify that new class gift rules apply only to documents executed or re-published on or after the effective date of the applicable statute;
• requires that official comments to the code be published in the statute;
• removes statutory language awarding a part or all of an intestate estate to a designated beneficiary who was designated by the decedent to be his or her designated beneficiary for purposes of intestate succession;
• removes statutory language awarding a share of an intestate estate for a decedent's stepchildren when there are no blood relatives of the decedent available to receive an intestate share; and
• amends the effective date-applicability clause of House Bill 09-1287, enacted in 2009.

Representative Court distributed prepared amendments L.002 and L.003 (Attachments A and B).

02:05 PM -- Marc Darling, Colorado Bar Association, spoke in support of the bill. Mr. Darling discussed the process undertaken by the bar association in drafting the bill. He spoke specifically about changes that were made to the Colorado Probate Code as a result of the passage of the Colorado Designated Beneficiary Act, which was enacted in 2009.

02:09 PM -- Beth Bryant, Colorado Bar Association, spoke in support of the bill. Ms. Bryant explained that amendments L.002 and L.003 conform the Designated Beneficiary Act with the Colorado Probate Code. She indicated that the changes in the amendments are technical in nature.

BILL:SB10-199
TIME: 02:13:44 PM
MOVED:Court
MOTION:Adopt prepared amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


100506AttachA.pdf
BILL:SB10-199
TIME: 02:13:59 PM
MOVED:Court
MOTION:Adopt prepared amendment L.003 (Attachment B), which amends L.002. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

100506AttachB.pdf

BILL:SB10-199
TIME: 02:14:25 PM
MOVED:Court
MOTION:Refer Senate Bill 10-199, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:Ryden
VOTE
Court
Yes
Gardner B.
Yes
Kagan
Yes
King S.
Yes
Miklosi
Yes
Nikkel
Yes
Pace
Excused
Ryden
Yes
Waller
Yes
McCann
Excused
Levy
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS