S_JUD_2019A 02/13/2019 01:32:46 PM Committee Summary

Senator Holbert, sponsor, explained SB19-072, concerning establishing a bill of rights for persons protected through a guardianship.  He requested that the bill be indefinitely postponed in order to work on it over the interim with the Colorado Bar Association.

The following representatives from the Colorado Bar Association testified about their concerns with the bill as written:  Jeremy Schupback, Arlene Barringer, and Brooke Brestel. They noted the bill poses conflicts with Colorado law and shared plans to work on the bill over the interim. They answered questions from the committee about dissatisfaction with the current the guardianship process.       

Ed Shackelford, representing the Colorado Senior Lobby, spoke in opposition to the bill as written.  He noted that guardianship laws could use revisions and discussed the economic impact of elderly individuals staying in nursing homes because of guardianship problems.  

Luanne Fleming, representing Families Against Court Embezzlement Unethical Standards (FACEUS), spoke in support of the bill and distributed a handout about probate courts in Colorado (Attachment A).  She discussed unethical guardianships and fear of retaliation.

Robin Austin, representing FACEUS, testified in support of the bill.  He discussed guardianship abuses and retaliation, and recommended a number of changes to the bill. 

Maureen Welch, representing herself, spoke in support of the measure.  She discussed best practices and competency, and recommended exploring limited guardianships. 

Roger Cassidy, representing himself, spoke in support of the bill.  He discussed a personal experience with his mother and an unethical guardian. 

David Cassidy, representing himself, spoke in support of the bill.  He discussed a personal experience with an unscrupulous guardian. 

Karen Kalavity, representing herself, testified from a neutral position on the bill.  She discussed problems with probate court and guardians taking advantage of older people with real estate assets. 

Rob Hernandez, representing himself as a former state senator, spoke in support of the bill and committed to work with the Colorado Bar Association on it over the interim.  He discussed the need for oversight over court visitors and certain other guardrails.  

Senator Holbert made closing remarks and reported that he will work with the Colorado Bar Association over the interim to resolve conflicts with Colorado law.       

Senator Lee, sponsor, explained HB19-1104, concerning the rights of persons represented by an attorney through the Office of the Respondent Parents' Council. 

Ruchi Kapoor, representing the Office of the Respondent Parents' Council, explained the responsibilities of the office and noted the bill is a technical clean-up. 

Vivienne Belmont, representing the Department of Regulatory Agencies (DORA), explained the recommendations outlined in the 2018 Sunset Review: Colorado Medical Practice Act (Attachment B).  She answered questions from the committee.  Discussion ensued about Recommendation 2 (Authorize the Board to discipline a licensee based on criminal conduct investigations).  Questions were raised about investigations, preponderance of evidence, suspensions, and disciplinary measures.   

Taj Kattapuram, representing Foothills Medical Society, spoke in support of the sunset review with amendments.  He expressed his concerns with Recommendation 2 and due process.  Discussion followed about scenarios in which a physician is charged with a serious crime.  Committee members noted the decrease in the number of suspensions, as depicted in a table in the report. 

Martha Montemayor, representing Cannabis Clinicians Colorado, spoke in support of continuation of the Colorado Medical Practice Act but without Recommendation 2. 

John Conkilin, representing Colorado Medical Society, spoke in support of the Act as amended.  He answered questions about the decrease in suspensions and noted that the table may not include summary suspensions.  He stated that Recommendation 2 is too broad. 

Committee members further discussed the sunset review report in regards to substandard conduct and sexual assault. 

Karen McGovern, representing DORA, spoke about the process to file a complaint.  She answered questions about the decrease in suspensions, definitions, disciplinary actions, and whether sexual assaults are accounted for in substandard conduct statistics.   

Raana Simmons, representing Colorado Coalition Against Sexual Assault, testified about probationary measures in other states and patient notification when a medical professional has been placed on probation. 

Ms. Montemayor further discussed conflicts of the Medical Practice Act and the state constitution in regards to marijuana. 

Committee members discussed concerns about license revocations before adjudications. 

Amendment LLS. No. 19-0377.01 (Attachment C) Amendment #5 was distributed by Office of Legislative Legal Services staff.  The committee discussed it. 

Committee members discussed bill sponsorship and voted for Senator Ginal as prime sponsor.  Senators Lee and Gardner agreed to be co-sponsors. 

Senator Lee, sponsor, explained HB19-1098, concerning deeds to convey real property.  He discussed title insurance and statutory language that allows for the clear delivery of titles.

Brian Phillips, representing Land Title Association of Colorado, spoke in favor of the bill.  He discussed the need for an immediate effective date, the stakeholder process, and other benefits of the bill. 

Liz Peetz, representing the Colorado Association of Realtors, spoke in favor of the bill and answered questions about statutory exceptions.