Date: 03/21/2012

Final
BILL SUMMARY for HB12-1307

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 12-1307 to the Committee of the WPASS



03:08 PM -- House Bill 12-1307

Senator Roberts, sponsor, presented House Bill 12-1307. Current law does not allow a nonlawyer trustee to represent a trust in hearings before the Board of Assessment Appeals (BAA). This bill authorizes a nonlawyer trustee to represent a trust in those hearings if the trust consists of total assets of less than $3 million. She spoke about a Court of Appeals case related to this issue. She expressed her concerns about the $3 million threshold in the bill.


03:13 PM

Senator Carroll explained her understanding of the bill. Discussion ensued between Senator Carroll and Senator Roberts. Senator Lundberg asked how the $3 million value would be established. Discussion continued between Senator Lundberg and Senator Roberts on this point.


03:21 PM

Senator S. King asked if anyone in the House or the Senate read the Court of Appeals ruling requiring an attorney to be present during certain negotiations or hearings. Senator Roberts responded to his question.

The following individuals testified regarding the bill:

03:23 PM -- Mr. Bruce Eisenhauer, representing the Department of Local Affairs, testified regarding the bill. He described the work of the BAA. He spoke about discussions in the House concerning the $3 million threshold. Mr. Eisenhauer responded to questions from Senator Lundberg concerning the intent in defining a specific threshold. Senator Carroll spoke about differences in fees for lawyers and nonlawyers. She asked if language in the bill might preclude lawyers from representing a trust with total assets of more than $3 million.


03:34 PM

Senator Lundberg spoke about complex compared to simple cases and situations in which a family member represents the trust. Senator Roberts responded to his remarks.

03:36 PM -- Mr. Bart Miller, representing the Office of Legislative Legal Services, came to the table to respond to questions from the committee. Mr. Eisenhauer weighed in as well to explain the filing process with the BAA. Senator Roberts spoke about filing fees. Senator Roberts asked for Mr. Miller's thoughts on the $3 million threshold.


03:43 PM

Senator Lundberg spoke about how the total value of the trust may be related to a case's complexity.


03:45 PM

Senator Roberts offered closing comments in favor of the bill. She expressed her intention to offer an amendment addressing the $3 million threshold.
BILL:HB12-1307
TIME: 03:50:29 PM
MOVED:Roberts
MOTION:Refer House Bill 12-1307 to the Committee of the Whole. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Giron
Yes
King S.
Yes
Lundberg
Yes
Nicholson
Yes
Roberts
Yes
Guzman
Yes
Carroll
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS