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S_JUD_2016A 02/16/2016 11:19:48 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 02/16/2016
ATTENDANCE
Time: 11:19 AM to 11:58 AM
Aguilar
X
Cooke
X
Place: LSB B
Merrifield
*
Lundberg
*
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-049

SB16-088

SB16-084
Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Laid Over





11:20 AM -- SB16-049



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Steadman, sponsor, requested that the committee postpone indefinitely Senate Bill 16-049, concerning the administrative duty of the Office of Legislative Legal Services to maintain files relating to bill drafts as the official custodian of those files, and, in connection therewith, permitting the transfer of those files for purposes of storage.

BILL: SB16-049
TIME: 11:20:59 AM
MOVED: Roberts
MOTION: Postpone Senate Bill 16-049 indefinitely. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Excused
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



















11:21 AM -- SB16-088



Senator Steadman, sponsor, presented Senate Bill 16-088, concerning the Revised Uniform Fiduciary Access to Digital Assets Act. Senator Steadman discussed the reasons for bringing the bill, and provided background on similar legislation introduced in prior sessions. Senator Steadman distributed and explained Amendments L.001 (Attachment A) and L.002 (Attachment B).



16SenateJud0216AttachA.pdf16SenateJud0216AttachA.pdf 16SenateJud0216AttachB.pdf16SenateJud0216AttachB.pdf



11:26 AM --
Mr. Stanley Kent, commissioner on the Uniform Law Commission, testified in support of the bill. Mr. Kent discussed existing Colorado and federal law, reasons to adopt the uniform law, and the differences between SB 16-088 and similar bills introduced in prior sessions. He stated that attorney groups within the Colorado Bar Association have vetted the bill.





11:36 AM



Mr. Kent responded to questions on time limitations for finding digital assets, protections for decedents, and provisions of the bill that allow an individual to use an on-line tool to override that individual's will, trust, power of attorney, or other record.





11:46 AM



The committee, Senator Steadman, and Mr. Kent continued to discuss provisions relating to individuals affirmatively granting access to digital assets.





11:53 AM



Senator Steadman and Mr. Kent explained the proposed amendments.

BILL: SB16-088
TIME: 11:56:14 AM
MOVED: Aguilar
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection






BILL: SB16-088
TIME: 11:57:06 AM
MOVED: Aguilar
MOTION: Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-088
TIME: 11:57:18 AM
MOVED: Aguilar
MOTION: Refer Senate Bill 16-088, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





11:58 AM -- SB16-084



Senator Steadman, sponsor, requested that the chair lay over Senate Bill 16-084, concerning the Colorado Uniform Recognition of Substitute Health Care Decision-making Documents Act. Senator Roberts laid over the bill.





11:58 AM



The committee adjourned.


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