NOTE: The governor signed this measure on 3/18/2015.
      
      
      HOUSE BILL 15-1010
      
      
      BY REPRESENTATIVE(S) Kraft-Tharp and Nordberg, Carver, Kagan,
      Rosenthal;
      also SENATOR(S) Jahn.
      
      
      Concerning a presumption that a trustee has notified a
           beneficiary when the trustee has adopted a beneficiary
           notification procedure, and, in connection therewith,
           clarifying that a trustee may deliver information to
           beneficiaries electronically.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 15-16-303, add (6) as
      follows:
      
           15-16-303.  Duty to inform and account to beneficiaries. (6)  A
      beneficiary is presumed to have received information or a
      statement of account when the trustee has procedures in place
      requiring the mailing or delivery of information or a statement
      of account to a beneficiary. This presumption applies to:
      
           (a)  The mailing or delivery of information or a statement
      of account by electronic means or the provision of access to an
      account by electronic means if the beneficiary has agreed to
      receive such electronic delivery or access; and
      
           (b)  A beneficiary's receipt of a final account or statement
      as required by section 15-16-307 if the delivery meets the other
      requirements of section 15-16-307.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 5, 2015, if adjournment sine die is on May 6,
      2015); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2016 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to conduct occurring on or after the applicable
      effective date of this act.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO