Date: 03/02/2009

Final
BILL SUMMARY for HB09-1241

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared Amendment L.004 (Attachment B). Th
Adopt prepared Amendment L.005 (Attachment C). Th
Adopt prepared Amendment L.006 (Attachment D). Th
Refer House Bill 09-1241, as amended, to the Commi		Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS


01:52 PM

The committee took a brief recess.


01:54 PM -- House Bill 09-1241

Senator Morse, bill sponsor, explained the provisions of House Bill 09-1241. He explained that this bill comes out of the committee on uniform laws. He stated that it is a technical bill that will be explained by the witnesses from the Colorado Bar Association. Senator Morse distributed Amendments L.004, L.005, and L.006 (Attachments B, C, and D).

09SenateJud0302AttachB.pdf 09SenateJud0302AttachC.pdf

09SenateJud0302AttachD.pdf

01:55 PM -- Gene Zuspann, representing the Colorado Bar Association, spoke in support of the bill. He noted that this is the portion of law that determines what is income in a fiduciary situation for a trust or an estate. Mr. Zuspann described the specifics of the bill. He noted that the bill allows an individual who opens a safe deposit box of a deceased person to receive a copy of a will that is in the box. Another section of the bill, according to Mr. Zuspann, concerns appointing guardian ad litems for protected individuals. He explained that the bill also simplifies the appointment of a guardian for children.


01:59 PM

Senator Carroll asked about what population has not been covered since this law was last updated. Ms. Zuspann indicated that this bill mostly applies to marital trusts that may not be covered in current law. Senator Carroll also asked about conflicts of interest. Senator Renfroe asked about section four of the bill and who can request a copy of a will. Mr. Zuspann explained that a person would have to be an interested party to be eligible to receive a copy. Senator Newell asked about the notarization provision within the bill. Mr. Zuspann indicated that this bill would take out the need for a notary and a witness to appoint a guardian for a child. He explained that this is a way to simplify that process.


02:06 PM

Senator Morse asked Mr. Zuspann to explain the amendments. Mr. Zuspann explained that Amendment L.006 proposes an effective date of July 1, 2010. For Amendment L.004, Mr. Zuspann indicated that the amendment clarifies existing law. Finally, Mr. Zuspann stated that Amendment L.005 is a technical change to the language in the bill.
BILL:HB09-1241
TIME: 02:12:06 PM
MOVED:Morse
MOTION:Adopt prepared Amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Hudak
King K.
Excused
Lundberg
Newell
Renfroe
Carroll M.
Morse
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1241
TIME: 02:12:27 PM
MOVED:Morse
MOTION:Adopt prepared Amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Hudak
King K.
Excused
Lundberg
Newell
Renfroe
Carroll M.
Morse
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1241
TIME: 02:12:48 PM
MOVED:Morse
MOTION:Adopt prepared Amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Hudak
King K.
Excused
Lundberg
Newell
Renfroe
Carroll M.
Morse
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1241
TIME: 02:13:10 PM
MOVED:Morse
MOTION:Refer House Bill 09-1241, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Excused
Lundberg
Yes
Newell
Yes
Renfroe
Yes
Carroll M.
Yes
Morse
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



02:13 PM

The committee adjourned.