1BA55692686587C287258911005F47F9 Hearing Summary CLICS/CLICS2022A/commsumm.nsf PUBLICBILL SUMMARY For ELECTRONIC ESTATE PLANNING DOCUMENTS ACTJOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWSDate Dec 7, 2022 Location HCR 0112 Electronic Estate Planning Documents Act - To be drafted with amendments Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/1CC2C3EDC387...$File/2b -UEEPDA_Final Act_2022sep28.pdf?OpenElement 2b -UEEPDA_Final Act_2022sep28.pdf 10:20:45 AM Steve Brainerd with the Trusts & Estates Section of the Colorado Bar Association, reported that the section was just beginning to review the act and would like time to proceed cautiously. The act attempts to coordinate Uniform Electronic Transactions Act (UETA) with other the things like the Uniform Electronic Wills Act (UEWA). Initial perception is that the framework is viable and beneficial and will be needed at some point but Colorado's UEWA is not entirely uniform and some effort will be needed to make them work well together. In addition, the act's document list has omitted some important estate planning documents such as beneficiary designations for IRAs and retirement accounts. Finally, there is concern that there may be some discomfort and reluctance from some sections, such as the Elder Law Section, concerning the potential for the exploitation of older adults where electronic means are used to execute certain important documents. It may take some time to work with and among the sections to develop something that is not going to create divisiveness. The section is confident this can be done but does not believe it can complete its review for this session. 10:25:27 AM Commissioner Mielke shared that he served on the drafting committee for the act and that during the drafting process many legal and financial associations, including the American Bar Association's various sections, were involved and indicated an urgency in moving forward with act. In addition, he stated that article 3 it is just a placeholder for the regarding the UEWA and that portion can be eliminated and the definitions in this act only relate to estate planning documents. There is a misconception that UETA covers all of this, but it's scope is limited to business, commercial, and government transactions and its transactions are defined as between two persons. Other transactions are not subject to UETA and there is nothing in the law today authorizing a single person to transact electronically creating the need for this act. He agreed that the document list in UEEPDA is not all-inclusive and suggested that additional documents could be added to the list. Single person transactions are occurring and there are concerns regarding possible challenges. 10:30:43 AM Commissioner Gardner cautioned that there was a danger in trying to move before the bar has had adequate opportunity to look at the act. Commissioner McGihon brought up the possibility of a late bill introduction towards the end of February in order to allow the CBA additional time for review. Mr. Brainerd said that the section would try to find a way to weigh in on the act within the commission's time frame but has a strong preference for the time to do so at a thoughtful pace. 10:36:03 AM Commissioner Levy noted that this is an area in which, if the commission does not proceed forward with the act, events may push forward the need for some sort of legislation and even if the uniform act doesn't pass at least people will know that there is uniform law available. Commissioner McGihon noted that moving forward to drafting doesn't mean introduction without further comment from the CBA and asked if there was a list of the documents to be added available. Mr. Brainerd clarified that one of the issues with determining the additional documents is that the act doesn't fully provide direction as to whether certain ones should be considered testamentary or a non-testamentary, and the act is designed to deal only with non-testamentary documents. He said that the section would provide a list of documents for inclusion for the commission's consideration. The commission thanked Mr. Brainerd and the CBA for their time, consideration, and future work on this act. Commissioner Mielke moved the Uniform Electronic Estate Planning Documents Act to drafting, with article 3 stricken, article 4 renumbered to article 3, and with additional documents to be determined included in the list in section 102 (5)(a), which was amended to moving the Uniform Electronic Estate Planning Documents Act to drafting, with article 3 stricken and article 4 renumbered to article 3, which Commissioner Love seconded, and the motion passed without objection. 10:40:12 AM Motion The Uniform Electronic Estate Planning Documents Act to drafting, with article 3 stricken and article 4 renumbered to article 3. Moved Donald Mielke Seconded Alicia Duran Gardner Thomas Grimshaw Excused Yelana Love Donald Mielke Charley Pike Sara Scott Tipper Claire Levy Anne McGihon YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection