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
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| Time: | 11:19 AM to 11:58 AM |
Aguilar
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X
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Cooke
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X
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| Place: | LSB B |
Merrifield
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*
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Lundberg
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*
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| This Meeting was called to order by |
Roberts
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X
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| Senator Roberts | |||
| This Report was prepared by | |||
| Conrad Imel | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB16-049 SB16-088 SB16-084 |
Postponed Indefinitely Amended, Referred to the Committee of the Whole Laid Over |
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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: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Excused
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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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.pdf 16SenateJud0216AttachB.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: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-088 | |
| TIME: | 11:57:06 AM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.002 (Attachment B). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| 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: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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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.