Colorado Commission on Uniform State Laws (01/28/2015)

Final
STAFF SUMMARY OF MEETING

COLORADO COMMISSION ON UNIFORM STATE LAWS

Date:	01/28/2015	ATTENDANCE

Time:	12:09 PM to 02:25 PM	Bob Gardner	X
		Thomas Grimshaw	E
Place:	HCR 0109	Jon Keyser	X
		Claire Levy	X
This Meeting was called to order by		Donald Mielke	X
	McGihon	Thomas Morris	X
		Charley Pike	X
This Report was prepared by		Brandon Shaffer	X
	Patti Dahlberg	Pat Steadman	X
		(None), (None)
		McGihon	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Election of chair Interstate Family Support Act Amendments (2008), LLS 15-0666 Fiduciary Access to Digital Assets Act, LLS 15-0667 Recognition of Substitute Decision-making Documents Act, LLS 15-0668 Uniform Voidable Transactions Act, LLS 15-0669 Uniform Common Interest Ownership Act Section 3-116, LLS 15-0670 Other business		- - - - - - - - -

12:12 PM -- Election of chair

Commissioners Shaffer and McGihon were nominated for the chair position. The chairperson serves for a one year term and the responsibilities were briefly outlined for new commissioners. Paper ballots were distributed to the commissioners and Commissioner McGihon was re-elected as chair.

Commissioner Pike suggested that perhaps it was time for the commission to consider also electing a vice chair. The position of vice chair would set in place who would chair a meeting that the chair was unable to be at and might also allow the possibility for a future transition from vice chair to chair.


BILL:	Election of chair
TIME:	12:20:50 PM
MOVED:	Commissioner Pike
MOTION:	Moved that the commission elect a vice chair and that Commissioner Shaffer be elected to the vice chair position. The motion passed without objection.
SECONDED:
		VOTE
	Bob Gardner
	Thomas Grimshaw	Excused
	Jon Keyser
	Claire Levy
	Donald Mielke
	Thomas Morris
	Charley Pike
	Brandon Shaffer
	Pat Steadman
	(None), (None)
	McGihon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

12:23 PM -- Proposed 2015 legislative agenda and changes for next year

Past practice has been to submit formal bill requests at the December meeting, which tends to leave a short timeline for drafters to finalize bills in time for introduction deadlines. Commissioner Morris suggested that the commission submit bill requests after the annual Uniform Laws Commission annual meeting so that drafters can be assigned sooner and participate in the fall drafting discussions. The commission would continue to invite and consider bar association and other interested parties' input at the September and December meetings. The Colorado Bar Association would also be notified of the potential CCUSL requests when they are submitted.

12:26 PM -- Interstate Family Support Act Amendments (2008), LLS 15-0666

12:27 PM -- Debbie Haskins, Assistant Director with the Office of Legislative Legal Services and drafter of LLS 15-0666, distributed a sheet of drafting questions. Commissioners discussed and answered the questions before voting on the bill draft. Bill will start in the House with Rep. Foote and Commissioner Steadman as the prime sponsors.


BILL:	Interstate Family Support Act Amendments (2008), LLS 15-0666
TIME:	12:55:53 PM
MOVED:	Commissioner Steadman
MOTION:	Moved that the discussed and approved changes be made to the Interstate Family Support Act Amendments (2008), draft and that the bill move forward as a commission bill. The motion passed without objection.
SECONDED:
		VOTE
	Bob Gardner
	Thomas Grimshaw	Excused
	Jon Keyser
	Claire Levy
	Donald Mielke
	Thomas Morris
	Charley Pike
	Brandon Shaffer
	Pat Steadman
	(None), (None)
	McGihon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

12:57 PM -- Fiduciary Access to Digital Assets Act, LLS 15-0667

12:57 PM -- Richard Sweetman, attorney and drafter with the Office of Legislative Legal Services was available to answer questions. This bill draft is currently without a House or Senate sponsor.

12:58 PM -- Jeremy Schupbach, Legislator Director for Colorado Bar Association, expressed that there are concerns with the definition section and with some definitions fitting within Colorado law. The Bar does not appear to have any other objections to the bill. Written comments are available and will be forwarded to the sponsors and the drafter.

Commission briefly discussed whether the act should be introduced as is and amend it in committee or request delayed status and introduce the draft with the definitional changes. It was decided to introduce the bill as a House Bill with Commissioner Keyser as the House Sponsor and Commissioner Steadman as the Senate Sponsor. The sponsors and drafter would work with the Bar on any amendments to the definition portion.


BILL:	Fiduciary Access to Digital Assets Act, LLS 15-0667
TIME:	01:08:12 PM
MOVED:	Commissioner Keyser
MOTION:	Moved to approve Fiduciary Access to Digital Assets Act, LLS 15-0667 for introduction as a commission bill. The motion passed without objection.
SECONDED:
		VOTE
	Bob Gardner
	Thomas Grimshaw	Excused
	Jon Keyser
	Claire Levy
	Donald Mielke
	Thomas Morris
	Charley Pike
	Brandon Shaffer
	Pat Steadman
	(None), (None)
	McGihon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

01:24 PM -- Recognition of Substitute Decision-making Documents Act, LLS 15-0668

01:24 PM -- Richard Sweetman, attorney and drafter with the Office of Legislative Legal Services was available to answer questions. This bill draft is currently without a House or Senate sponsor.

01:24 PM -- Andy Toft, Colorado Bar Association – Real Estate (RE) Section, stated that the RE section is prepared to support this uniform act providing that it does not apply to real estate transactions in Colorado. He pointed out that there are concerns with some inconsistencies with other law, costs of translations, and the necessity to rely on legal advice from attorneys not familiar with Colorado law.

01:29 PM -- Dan Sweetser, Colorado Bar Association – Real Estate (RE) Section, stated that nothing had changed in the Bar Association's position from the last meeting.

Commissioner Steadman agreed to sponsor this bill if it moves forward. Commissioners Keyser and Steadman had to leave the meeting for other legislative commitments.


BILL:	Recognition of Substitute Decision-making Documents Act, LLS 15-0668
TIME:	01:35:21 PM
MOVED:	Commissioner Shaffer
MOTION:	Moved to adopt the Recognition of Substitute Decision-making Documents Act as a commission bill with Commissioner Steadman as its sponsor and for the commission to work with the Bar Association on any necessary amendments. The motion passed without objection.
SECONDED:
		VOTE
	Bob Gardner
	Thomas Grimshaw	Excused
	Jon Keyser
	Claire Levy
	Donald Mielke
	Thomas Morris
	Charley Pike
	Brandon Shaffer
	Pat Steadman
	(None), (None)
	McGihon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

01:38 PM -- Uniform Voidable Transactions Act (formerly the Uniform Fraudulent Transfer Act), LLS 15-0669

01:38 PM -- Andy Toft, Colorado Bar Association – Real Estate (RE) Section, stated that the RE section does not have an overall objection to the act but does have concerns with Section 10 regarding the governing section of law and with Section 11 regarding series organizations.

The commissioners suggested that the comments section of the act seems to answer the governing law question and suggested that, although series organizations do not exist in Colorado, they do exist in other states and that it could prove beneficial to have some direction in place for handling them should the need arise. The commission also suggested that the bill draft be amended to state that nothing in the section authorizes the creation of a series organization pursuant to Colorado law.


BILL:	Uniform Voidable Transactions Act (formerly the Uniform Fraudulent Transfer Act), LLS 15-0669
TIME:	01:47:57 PM
MOVED:	Commissioner Shaffer
MOTION:	Moved to approve the Uniform Voidable Transactions Act, amended as discussed, as a commission bill, find a bill sponsor, and seek delayed authorization for introduction. The motion passed without objection.
SECONDED:
		VOTE
	Bob Gardner
	Thomas Grimshaw	Excused
	Jon Keyser
	Claire Levy
	Donald Mielke
	Thomas Morris
	Charley Pike
	Brandon Shaffer
	Pat Steadman
	(None), (None)
	McGihon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

01:50 PM -- Uniform Common Interest Ownership Act Section 3-116, LLS 15-0670

01:50 PM -- Dan Sweetser, Colorado Bar Association – Real Estate (RE) Section, stated that the RE section is not taking a position on this act. Mr. Sweetzer pointed out that there could be significant opposition to the bill and that one point of particular concern was the ability to evict a homeowner.

Commissioner Mielke indicated that some clariafication in the priority of liens could be beneficial. Commissioner Levy pointed out that there were a number of factors present that made the passage of this act unlikely and that much of the crisis and motivation for the bill has passed. Commissioner Gardner agreed with Commissioners Mielke and Levy, but would like to continue the discussion.

01:57 PM -- Amy Redfern, with Aponte Busam and representing the Community Associations Institute, said that the local HOA trade association shared the sentiment of the Colorado Bar Association. And even though the national organization supported this act there and that there remained issues for Colorado that need to be addressed and recommended allowing more time to talk with a broader group of stakeholders before moving forward. Overall, the bill has merits and addresses important issues, but needs more discussion.

The consensus of the commission was to not move this legislation forward this year, but to continue to work on the act for future introduction and contact states that have enacted the act to see if they encountered some of the same issues and how these issues were addressed. Also discussed sending a letter to potentially interested stakeholders to bring groups together for discussion.


BILL:	Uniform Common Interest Ownership Act Section 3-116, LLS 15-0670
TIME:	02:09:24 PM
MOVED:	Commissioner Pike
MOTION:	Moved to defer action on Uniform Common Interest Ownership Act Section 3-116, but direct staff to bring it forward for consideration for next year’s agenda and authorize the chair to issue a letter to stakeholders to initiate discussions. The motion passed without objection.
SECONDED:
		VOTE
	Bob Gardner
	Thomas Grimshaw	Excused
	Jon Keyser
	Claire Levy
	Donald Mielke
	Thomas Morris
	Charley Pike
	Brandon Shaffer
	Pat Steadman
	(None), (None)
	McGihon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

02:11 PM -- Other business

02:11 PM -- Amy Redfern, with Aponte Busam and representing the Colorado Women’s Bar Association, reported on five bills dealing with human trafficking and amending the uniform human trafficking laws passed last year.

02:13 PM -- Commissioner Morris, CCUSL Secretary and Office of Legislative Legal Services representative, discussed the CCUSL budget and statutory provisions for per diems and other reimbursements. Commissioner Pike shared some history of the budget, budgetary process, per diems, and other reimbursements.

There was no further public comment.