Bill Summary for Bill Number HB09-1260

Date: 03/16/2009

Final
BILL SUMMARY for HB09-1260

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.029 (Attachment C). Th Adopt prepared Amendment L.030 (Attachment D). Th Refer House Bill 09-1260, as amended, to the Commi	Pass Without Objection Pass Without Objection PASS

02:50 PM -- House Bill 09-1260

Senator Veiga, bill sponsor, discussed House Bill 09-1260 concerning designated beneficiary agreements. She explained that the bill enables two people to enter into a designated beneficiary agreement that allows them to be designated as beneficiaries for a variety of benefits, to make hospital visits and medical decisions, and to receive workers' compensation benefits. Senator Veiga explained that any two people could take advantage of executing a designated beneficiary agreement. She noted that it is a low cost option that may be most beneficial for low income people. Senator Veiga distributed Amendment L.029 and Amendment L.030 (Attachments C and D). Amendment L.029 includes changes at the request of the county clerks. Amendment L.030 concerns superseding documents and clarifies which documents control in an estate situation.

03:01 PM

Senator Lundberg asked about the provision concerning not allowing married people to enter into designated beneficiary agreements. Senator Lundberg discussed whether this bill creates a substitute for marriage. Senator King asked about the difference between Senate Bill 166 from a previous session and House Bill 09-1260. Senator Renfroe asked about the workers compensation benefit.

03:10 PM -- Pat Steadman, representing Equal Rights Colorado, spoke in support of the bill. He noted that the bill is patterned after a bill from a previous session brought by Senator Mitchell. He also indicated that other states have adopted similar laws. Mr. Steadman stated that these agreements create a mechanism for adults to have certain statutory protections. According to Mr. Steadman, too many people fail to plan and this bill would provide an easy and low cost way for people to plan for their own mortality. The designated beneficiary agreement operates where other documentation does not exist, but if an individual has a will or a power of attorney then those documents would supersede the designated beneficiary agreement. Mr. Steadman discussed the amendments.

03:20 PM

Senator Renfroe asked about the states that have passed similar legislation and how this bill differs from a domestic partnership. Senator Renfroe also asked about what provisions are not available to unmarried people under current law. Mr. Steadman indicated that the bill bundles many existing things, but also adds new provisions. The first new provision is for intestate succession if an individual dies without a will. The second and third new provisions are the ability to sue for wrongful death and the ability to receive workers compensation benefits. Senator King asked about the amendments from the House concerning intestate succession. Senator Lundberg discussed his concerns that this bill is creating a substitute for marriage. Mr. Steadman explained why he believes that this bill is very different from marriage.

03:39 PM

The committee continued to discuss the specifics of the bill with Mr. Steadman. The committee asked Mr. Steadman about individuals being designated as beneficiaries for multiple people.

03:56 PM -- Jacquelyn Kilmer, representing Colorado Organizations Responding to AIDS, spoke in support of the bill. She discussed the importance of this bill for individuals who do not have the resources to prepare a will.

03:59 PM -- Monica Rosenbluth, representing the Anti-Defamation League, spoke in support of the bill. She also discussed the importance of this bill for individuals to have a low cost method to plan for medical and end of life decisions.

04:01 PM -- Linda Meric, representing 9 to 5 National Association of Working Women, spoke in support of the bill.

04:04 PM -- JJ Watson, Eliza Stein, and Aleonya Hunter, representing themselves, spoke in support of the bill.

04:10 PM -- Indra Lusero, representing the Colorado Organization for Latina Opportunity and Reproductive Rights, spoke in support of the bill. She related the experience of non-married partners who did not have a plan for end of life.

04:13 PM -- Jeremy Shaver, representing the Interfaith Alliance, spoke in support of the bill. He indicated that he supports the bill because it provides basic protections in times of emergency.

04:16 PM -- Wayne Knox, representing the Colorado Senior Lobby, spoke in support of the bill. He discussed the importance of this bill for low-income seniors.

04:18 PM -- Kathy Glass and Carmah Lawler, representing themselves, spoke in support of the bill. Ms. Glass related their personal experiences and how this bill may impact their lives.

04:23 PM -- Erica Johnson, representing herself, spoke in support of the bill. She noted that she is an attorney who specializes in estate planning. Ms. Johnson discussed the types of people who may benefit from this bill.

04:28 PM -- Mindy Barton, representing the Gay, Lesbian, Bisexual, and Transgender Community Center, spoke in support of the bill.

04:31 PM

Senator Veiga concluded her presentation of the bill.


BILL:	HB09-1260
TIME:	04:33:17 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.029 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1260
TIME:	04:33:49 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.030 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1260
TIME:	04:34:25 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1260, as amended, to the Committee of the Whole. The motion passed on a 4-2 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Excused
	Lundberg	No
	Newell	Yes
	Renfroe	No
	Carroll M.	Yes
	Morse	Yes

Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:34 PM

The committee adjourned.