j_ccu_2016a_2016-11-18t10:04:14z1 Hearing Summary
Date: 11/18/2016
Final
2 a. LLS 17-0188: Authorize Revisor To Publish Comments Uniform Acts
COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
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10:07 AM -- 2 a. LLS 17-0188: Authorize Revisor To Publish Comments Uniform Acts
10:08 AM -- Charles Calvin, CBA Real Estate Law Section, discussed situations when uniform laws are amended in non-uniform ways and cause the official comments to be no longer applicable. Official comments should be published on a case by case basis under the consideration and direction of the commission. In addition, it could be helpful for the Revisor of Statutes to note when there are non-uniform amendments made to previously-enacted uniform laws.
10:34 AM -- Letitia Maxfield, CBA Elder Law Section, discussed the courts’ use of Uniform Law Commission (ULC) official comments for interpreting ambiguities in a uniform law. ULC comments are readily available on the ULC website so it may not always be necessary to publish them.
10:51 AM -- Steve Brainerd, CBA Trusts & Estates Law Section, discussed how official comments and Colorado comments can end up being longer than the statute text being referred to.
The commission discussed the current policy of publishing official comments unless the bill’s sponsor objects and issues with the publication process of Colorado comments. There were concerns regarding who is responsible for writing Colorado comments and the vetting process for them. The commission discussed the need for all Colorado comments to be identified as such and to go through the Colorado Bar Association vetting process. In addition, the commission discussed having the commission establish a policy and procedure regarding the publication of official and Colorado comments. The commission decided to not proceed with this bill at this time and will pursue a process for the quality control of published comments through a public vetting process.