Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/17/2014
ATTENDANCE
Time:01:32 PM to 02:15 PM
Buckner
X
Court
X
Place:HCR 0112
Gardner
X
Lawrence
X
This Meeting was called to order by
McLachlan
*
Representative Kagan
Murray
X
Pettersen
X
This Report was prepared by
Salazar
*
Bo Pogue
Waller
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1353
HB14-1363		Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:34 PM -- HB14-1353

The committee was called to order. A quorum was present. Representative Gardner, prime sponsor, presented House Bill 14-1353, concerning powers of appointment. Representative Gardner explained the effect of the bill, and discussed the process by which the legislation was created. The following persons testified regarding House Bill 14-1353:

01:36 PM -- Ms. Susan Boothby, representing the Colorado Bar Association, testified in support of the bill. Ms. Boothby provided background on powers of appointment, and provided a scenario under which a power of appointment might be used for purposes of establishing a trust. Ms. Boothby clarified the effect of the bill and spoke to its merits. Ms. Boothby responded to questions regarding third-party notification of power-of-appointment and power-of-attorney appointments. Discussion ensued regarding work that went into crafting House Bill 14-1353.

01:46 PM -- Mr. Stan Kent, representing the Uniform Law Commission, testified in support of the bill. Mr. Kent provided further clarification about the bill's effect, explaining that the bill adheres to common law. Mr. Kent noted certain organizations that support the bill. Mr. Kent responded to questions regarding the effect of the bill on already existing powers of appointment, and potential opposition to the bill.


01:52 PM

Representative Gardner explained the effect of prepared amendment L.002 (Attachment A).

14HseJud0417AttachA.pdf14HseJud0417AttachA.pdf





BILL:HB14-1353
TIME: 01:52:55 PM
MOVED:Gardner
MOTION:Adopt amendment L.002 (Attachment A). The motion passed on a vote of 10-1.
SECONDED:Waller
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
No
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:54 PM

Representative Gardner explained the effect of prepared amendment L.003 (Attachment B). Discussion ensued regarding the impact of the amendment on certain statutory definitions. Mr. Kent returned to clarify the effect of the amendment.

14HseJud0417AttachB.pdf14HseJud0417AttachB.pdf





















BILL:HB14-1353
TIME: 01:54:33 PM
MOVED:Gardner
MOTION:Adopt amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


01:59 PM

Representative Gardner provided closing remarks in support of House Bill 14-1353, and discussed the work of the Uniform Law Commission.


























BILL:HB14-1353
TIME: 02:00:08 PM
MOVED:Gardner
MOTION:Refer House Bill 14-1353, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Waller
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:03 PM -- HB14-1363

Representative Gardner, prime sponsor, presented House Bill 14-1363, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Gardner explained the effect of the legislation, and discussed its need. Representative Gardner discussed the nonsubstantive nature of the legislation, and noted some provisions in the bill that eliminate statutory duplication created by the passage of a pair of bills in 2013. Ms. Jennifer Gilroy, Revisor of Statutes with the Office of Legislative Legal Services, responded to questions regarding these provisions, and further corrections to be made by prepared amendment L.001 (Attachment C).

14HseJud0417AttachC.pdf14HseJud0417AttachC.pdf















BILL:HB14-1363
TIME: 02:13:11 PM
MOVED:Gardner
MOTION:Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:13 PM

Representative Gardner thanked staff for their work on House Bill 14-1363, and discussed the nature of the bill.


























BILL:HB14-1363
TIME: 02:15:01 PM
MOVED:Gardner
MOTION:Refer House Bill 14-1363, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:15 PM

The committee adjourned.