Senate Committee on Judiciary (03/02/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	03/02/2009	ATTENDANCE

Time:	01:32 PM to 02:14 PM	Hudak	X
		King K.	E
Place:	SCR 352	Lundberg	X
		Newell	*
This Meeting was called to order by		Renfroe	X
	Senator Morse	Carroll M.	X
		Morse	X
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1178 HB09-1241		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:33 PM -- House Bill 09-1178

Senator Boyd, bill sponsor, explained the provisions of House Bill 09-1178. She stated that the bill creates a voluntary task force to study and make recommendations to the Department of Human Services concerning implementation of a Caregiver Abuse Registry. Senator Boyd discussed previous legislation that created a working group in the department and that this group has done some of the work, but needed more time to come up with an appropriate registry. The members are volunteers who serve without pay and without per diem.

01:36 PM

Senator Renfroe asked if there is another task force that deals with this issue.

01:37 PM -- Randy Chapman, representing the Legal Center for People with Disabilities and Older People, spoke in support of the bill. He discussed the need for the bill and described circumstances concerning abuse and neglect of people with developmental disabilities.

01:39 PM -- Darla Stuart, representing the Arc of Aurora, spoke in support of the bill. She distributed a handout (Attachment A). She discussed the vulnerability of people with developmental disabilities. Ms. Stuart stated that the goal of the task force is to ensure that the needs of the population are met and at the same time ensure that people are not accused unfairly. She discussed a potential amendment concerning including people with developmental disabilities or their families serving on the task force.

01:42 PM -- Angela VanManen, representing the Arc of Denver, spoke in support of the bill. She discussed her role in the current work group and research that she has been conducting on abuse registries. She noted that 26 states have established abuse registries. She discussed possible models for Colorado to adopt. Ms. VanManen discussed the importance of this bill.

01:46 PM

Senator Hudak asked about statistics concerning low rates of reporting for these types of abuse.


BILL:	HB09-1178
TIME:	01:50:01 PM
MOVED:	Carroll M.
MOTION:	Amend reengrossed bill, page 2, line 14, after "not limited to", insert "persons with disabilities,". 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:	HB09-1178
TIME:	01:51:49 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1178, 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

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).

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.