Bill Summary for Bill Number HB09-1260

Date: 02/16/2009

Final
BILL SUMMARY for HB09-1260

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->

Action Taken:

Adopt prepared amendment L.002 (Attachment J). Th
Adopt prepared amendment L.004 (Attachment K). Th
Adopt prepared amendment L.005 (Attachment I). Th
Adopt prepared amendment L.006 (Attachment M). Th
Adopt prepared amendment L.007 (Attachment N). Th
Adopt prepared amendment L.008 (Attachment O). Th
Adopt prepared amendment L.009 (Attachment P). Th
Adopt prepared amendment L.011 (Attachment Q). Th
Adopt prepared amendment L.013 (Attachment R). Th
Adopt prepared amendment L.014 (Attachment S). Th
Adopt prepared amendment L.015 (Attachment T). The
Adopt prepared amendment L.016 (Attachment U). Th
Refer House Bill 09-1260, as amended, to the Commi
SUBSTITUTE MOTION: Adopt prepared amendment L.012

PASS
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
FAIL
FAIL
FAIL
FAIL
FAIL
TIE
TIE
PASS
FAIL

04:51 PM -- House Bill 09-1260

Represenatative Ferrandino introduced House Bill 09-1260. The bill authorizes two adults who are not married to enter into a designated beneficiary agreement. In the absence of a superceding legal document, a designated beneficiary agreement entitles each party to certain rights and responsibilities. Representative Ferrandino explained that the bill will promote the use of legal documents, including wills. He responded to questions from Representative Gardner regarding whether the bill extends new rights and benefits outside of those that currently exist in Colorado law to individuals. Representative Gardner highlighted language allowing a beneficiary to be recognized as a dependent for certain benefits. Representative Court pointed out that the bill does not include any rights or responsibilities that are not afforded to married couples. Representative Gardner asked whether this bill is the closest thing Representative Ferrandino can get to civil unions without being in conflict with the Colorado constitution. Representative Ferrandino stated that the bill provides an easy, affordable method for dealing with the affairs of two people, regardless of their relationship. The committee discussed whether the process outlined in this bill is easier than current probate processes.

05:19 PM

Representative Gardner continued questioning Representative Ferrandino about the bill and stated that he believes this bill extends the de facto rights of domestic partnerships and civil unions. Representative Roberts commented about the standardized format for handling probate issues and the distribution of property included in the bill. Representative Ferrandino pointed out that the bill applies to all unmarried couples and discussed the advantages to two unmarried people who choose to enter into designated beneficiary agreements. Representative Gardner returned to his line of questioning.

05:31 PM -- Pat Steadman, Equal Rights Colorado, spoke in support of the bill. Mr. Steadman discussed the Colorado constitutional amendment that limits marriage to one man and one woman. He pointed out that Colorado law does not prohibit domestic partnerships and civil unions outright. He stated that the bill is designed to solve problems faced by many Colorado families every year. The default provisions in the probate code are geared towards very traditional families and relationships. There are people in the state who find themselves unable to avail themselves of these default provisions. This bill provides a mechanism for those people to handle their estates. It encourages unmarried couples to make estate plans. Representative Gardner questioned Mr. Steadman about whether the bill simply attempts to create civil unions in Colorado. The committee discussed possible opposition to the bill.

05:51 PM -- Monica Rosenbluth, Anti-Defamation League of the Rocky Mountain Region, spoke in support of the bill. Ms. Rosenbluth stated that the concept of fairness is at the core of this bill. The bill provides a simple, affordable way to ensure such fairness for all Coloradans.

05:53 PM -- Lorena Garcia, 9 to 5: National Association of Working Women, spoke in support of the bill. Ms Garcia stated that all Colorado adults have tools to conduct estate, medical, and end of life planning.

05:56 PM -- Wayne Knox, Colorado Senior Lobby, spoke in support of the bill. Mr. Knox stated that the bill will provide significant assistance to seniors in Colorado, who often have limited incomes.

06:01 PM -- Jacquelyn Kilmer, Colorado AIDS Project and CORA, spoke in support of the bill. Ms. Kilmer works with individuals with significant health problems and this bill would assist them with a simple, affordable method for handling their affairs.

06:04 PM -- Daniel Gonzales, Colorado Organization for Latino Opportunity and Reproductive Rights, spoke in support of the bill. Mr. Gonzales stated his belief that the bill is about social justice. He reiterated comments of previous witnesses.

06:06 PM -- Mindy Barton, The GLBT Community Center, spoke in support of the bill. Ms. Barton stated her belief that this bill is the correct step for the Colorado General Assembly to take in order to encourage people to make estate plans, medical decisions, and end of life decisions. She distributed a list of supporters of the bill (Attachment H). Representative Gardner questioned Ms. Barton about how the bill benefits the GLBT community.


BILL:	HB09-1260
TIME:	06:11:56 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.005 (Attachment I). The motion passed without objection.
SECONDED:	Roberts
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann	Excused
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1260
TIME:	06:17:34 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.002 (Attachment J). The motion passed on a vote of 7-3, with 1 excused.
SECONDED:	Miklosi
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Excused
	Levy	Yes

Not Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1260
TIME:	06:25:48 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.004 (Attachment K). The motion passed without objection.
SECONDED:	Apuan
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann	Excused
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1260
TIME:	06:24:38 PM
MOVED:	Gardner B.
MOTION:	SUBSTITUTE MOTION: Adopt prepared amendment L.012 (Attachment L). The motion failed 3-7, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	No

Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1260
TIME:	06:25:01 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.006 (Attachment M). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann	Excused
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1260
TIME:	06:26:37 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.007 (Attachment N). The amendment sets in statute the fees county clerks may charge under the bill. The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann	Excused
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1260
TIME:	06:30:50 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.008 (Attachment O). The motion failed on a vote of 4-6, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	No

Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1260
TIME:	06:31:31 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.009 (Attachment P). The motion failed on a vote of 4-6, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	No

Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1260
TIME:	06:33:02 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.011 (Attachment Q). The motion failed on a vote of 3-7, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	No

Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1260
TIME:	06:35:41 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.013 (Attachment R). The motion failed 3-7, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	No

Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1260
TIME:	06:37:02 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.014 (Attachment S). The motion failed on a vote of 3-7, with 1 excused.
SECONDED:	King
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	No

Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1260
TIME:	06:53:51 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.015 (Attachment T). The amendment would remove the provision of the bill that recognizes domestic partnerships and civil unions from other states as designated beneficiary agreements. The motion failed on a vote of 5-5, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	Yes
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	No

Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	HB09-1260
TIME:	07:00:44 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.016 (Attachment U). The amendment strikes the safety clause from the bill. The motion failed on a vote of 5-5, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	Excused
	Levy	Yes

Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE

07:02 PM

The committee discussed the possible increase in expenditures mentioned in the fiscal note for the bill. Representative Gardner commented that the bill should probably


BILL:	HB09-1260
TIME:	07:06:22 PM
MOVED:	Court
MOTION:	Refer House Bill 09-1260, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-3, with 1 excused.
SECONDED:	Ryden
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Excused
	Levy	Yes

Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS