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H_JUD_2016A 02/02/2016 01:35:40 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 02/02/2016
ATTENDANCE
Time: 01:35 PM to 03:21 PM
Carver
E
Court
X
Place: HCR 0112
Dore
*
Foote
*
This Meeting was called to order by
Lawrence
X
Representative Kagan
Lundeen
X
Melton
X
This Report was prepared by
Salazar
*
Bo Pogue
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1085

HB16-1062
Referred to the Committee of the Whole

Postponed Indefinitely





01:36 PM -- HB16-1085



The committee was called to order. A quorum was present. Representative Thurlow, prime sponsor, presented House Bill 16-1085, concerning simplifying the process for returning to a prior name after a decree of dissolution or legal separation has been entered. Representative Thurlow explained the effect of the bill, and discussed its need. Committee members received a handout expressing support for the bill (Attachment A). Representative Thurlow responded to questions regarding how he came to sponsor the legislation, and security issues at the federal level. The following persons testified regarding HB 16-1085:



16HouseJud0202AttachA.pdf16HouseJud0202AttachA.pdf



01:41 PM --
Ms. Toni Chappell, representing herself, testified in support of the bill. Ms. Chappell discussed issues she encountered in trying to change her name after a divorce, and addressed potential objections to the bill.



01:48 PM --
Ms. Toni Milyard, representing herself, testified in support of HB 16-1085. Ms. Milyard discussed her reasons for not changing her last name at the time of divorce, and issues encountered in trying to make the name change. Ms. Milyard responded to questions regarding the options available for making a name change at the time of divorce, and what types of documents are affected by a name change. Ms. Chappell provided input regarding changing one's name for Social Security purposes.



















01:57 PM



Ms. Brita Darling, representing the Office of Legislative Legal Services, responded to questions regarding the process for changing a name outside of divorce, and the scope of the bill. Ms. Darling responded to further questions regarding certain aspects of the name-change process before the court. Ms. Darling addressed a question regarding fees charged for a name change. Discussion ensued regarding the ability to change a name post-divorce to one other than the maiden name.



02:06 PM --
Ms. Marie Moses, representing the Colorado Bar Association, testified in support of the bill. Ms. Moses discussed issues faced by those undergoing divorce, and factors that may weigh against making a name change during the divorce process. Ms. Moses also addressed questions raised during previous testimony, and noted a potential amendment to the bill. Discussion ensued concerning which name an applicant may revert to under the bill, and the time frame for making a name change under the bill. Discussion followed regarding the amendment proposed by Ms. Moses. Discussion returned to the time frame associated with name changes under the bill.





02:19 PM



Ms. Chappell returned to provide input on required notice to the former spouse when making a name change.





02:20 PM

BILL: HB16-1085
TIME: 02:21:18 PM
MOVED: Salazar
MOTION: Refer House Bill 16-1085 to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED: Court
VOTE
Carver
Excused
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

















02:23 PM -- HB16-1062



Representative Melton, prime sponsor, presented House Bill 16-1062, concerning a limitation on when certain disciplinary actions may be commenced against a mental health professional. Representative Melton explained the effect of the bill and discussed its need. Representative Melton discussed similar legislation he offered in 2015. Representative Melton responded to questions regarding the types of violations covered by the bill. The following persons testified regarding HB 16-1062:



02:31 PM --
Dr. Reo Leslie, representing Colorado Mental Health Professionals, testified in support of the bill. Committee members received copies of Dr. Leslie's testimony (Attachment B). Dr. Leslie outlined the merits of the bill, and addressed potential objections to the bill. Dr. Leslie responded to questions regarding the scope of the limitation created by the bill. Discussion ensued regarding examples of what constitutes a records maintenance violation under the bill. Committee members received copies of a study concerning ethical violations among mental health professionals (Attachment C).



16HouseJud0202AttachB.pdf16HouseJud0202AttachB.pdf 16HouseJud0202AttachC.pdf16HouseJud0202AttachC.pdf



02:45 PM



Discussion ensued regarding how long records will need to be maintained by mental health professionals under the bill, and the volume of records kept by mental health professionals. Discussion followed regarding the adequacy of the limitation created by the bill, and what particular records should be kept to satisfy record-keeping requirements.





02:57 PM



Dr. Leslie responded to questions regarding what constitutes "essential entries" for mental health professional record-keeping purposes, and the benefits of long-term retention of records. Representative Melton weighed in on the issue. Discussion ensued regarding certain record-keeping rules promulgated by the Department of Regulatory Agencies, and the overall effect of HB 16-1062. Discussion followed regarding the potential for amending the bill for clarity.





03:10 PM



The committee recessed.

































03:17 PM



The committee returned to order. Representative Melton requested that the bill be postponed indefinitely so that continued work on the issue may take place. Various committee members expressed their opinions on the request to postpone the bill indefinitely.

BILL: HB16-1062
TIME: 03:18:06 PM
MOVED: Melton
MOTION: Postpone House Bill 16-1062 indefinitely. The motion passed on a vote of 10-0.
SECONDED: Lee
VOTE
Carver
Excused
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





03:21 PM



The committee adjourned.