Date: 02/23/2006

Final
BILL SUMMARY for HB06-1273

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Move Amendment L.001 (Attachment G). The motion w
Substitute motion to move Amendment L.003 (Attachm		TIE
TIE


03:44 PM -- House Bill 06-1273

Representative Liston, prime sponsor, presented House Bill 06-1273, which makes several changes to current law concerning the disposition of last remains. He distributed a memorandum prepared by Legislative Council Staff entitled "Disposition of the Remains of a Decedent" (Attachment F). Committee members were provided with Amendment L.001 (Attachment G).

03:49 PM -- Mr. Chuck Bowman, representing the Colorado Funeral Directors Association, spoke in favor of the bill. Mr. Bowman worked on the drafting of a similar bill in 2003, which created some ambiguities in the law. He believes this bill addresses those ambiguities. Mr. Bowman responded to questions from the committee regarding the need for this legislation.

03:56 PM -- Mr. Mark Masters, representing the Colorado Bar Association, spoke in favor of the bill, except for Section 5. Mr. Masters believes that Section 5 defeats a decedent's intent in terms of the disposition of remains. Representative Liston distributed Amendment L.003, which addresses Section 5 of the bill (Attachment H). Mr. Masters stated that the amendment does not address all of his concerns regarding Section 5.

04:05 PM -- Mr. Eric Wolverton, representing the funeral industry, spoke in favor of the bill. He explained that problems arise in the situation where there is confusion about who is responsible for the disposition of a specific decedent. Mr. Wolverton stated that a situation like that one results in the process being halted until the confusion is resolved. The committee had a lengthy discussion about how the bill addresses the will of a decedent.

04:27 PM -- Mr. Rick Miller, representing the funeral industry, spoke in favor of the bill. Mr. Miller stressed that he supports the original intent and spirit of the 2003 law, but he has identified some lack of clarity that exists within the law. He believes this bill addresses those ambiguities. Mr. Miller stated that the decedent has the ability to speak directly through his or her last declaration. The committee discussed the clarity of the definition of a declaration within current law and in the bill. Mr. Miller responded to questions from the committee regarding the written declaration and the expression of a decedent's wishes with respect to final disposition.

04:44 PM -- Mr. Daniel Willis, representing himself, spoke in support of the bill, citing how it would have helped in a situation he experienced.


04:47 PM

The chairman closed public testimony, and the committee began considering amendments.
BILL:HB06-1273
TIME: 04:48:39 PM
MOVED:Judd
MOTION:Move Amendment L.001 (Attachment G). The motion was not acted upon right away because the chairman laid the bill over (see below). The motion was eventually withdrawn later in the meeting.
SECONDED:Boyd
VOTE
Boyd
Cadman
Clapp
Decker
Gardner
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB06-1273
TIME: 04:49:50 PM
MOVED:Clapp
MOTION:Substitute motion to move Amendment L.003 (Attachment H). Representative Judd asked that the amendment be severed between lines 2 and 3, and the chair ruled the amendment was severable as follows: page 1, lines 1 and 2 (severed section 1) and lines 3 through 10 (severed section 2). Following discussion and a brief recess, Representative Judd withdrew his request to sever the amendment. The motion was eventually withdrawn later in the meeting.
SECONDED:Cadman
VOTE
Boyd
Cadman
Clapp
Decker
Gardner
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE



04:53 PM

The chairman laid the bill over two bills so amendments could be drafted to address concerns.