S_JUD_2016A 03/14/2016 01:30:47 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 03/14/2016 |
ATTENDANCE
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| Time: | 01:30 PM to 03:19 PM |
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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X
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Lundberg
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X
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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: | ||
| Confirmation to the Juvenile Parole Board Confirmation to the Colorado Commission on Judicial Discipline SB16-131 HB16-1094 SB16-131 SB16-133 |
Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole - Consent Calendar Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
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01:31 PM -- Confirmation to the Juvenile Parole Board
Senator Roberts, chair, called the committee to order. A quorum was present. Ms. Lee Ann Brabec, administrator for the Colorado Juvenile Parole Board, introduced Ms. Gretchen Russo, appointee to the board. The letter appointing her may be found as Attachment A. Her application and resume are available at the State Archives. Ms. Russo discussed her background and qualifications for serving on the board, and responded to questions regarding the Juvenile Parole Board's role in advising the legislature.
16SenateJud0314AttachA.pdf
| BILL: | Confirmation to the Juvenile Parole Board | |
| TIME: | 01:33:51 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer the appointment of Gretchen Jaime Russo to the Juvenile Parole Board to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. 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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01:34 PM -- Confirmation to the Colorado Commission on Judicial Discipline
Mr. Bruce Casias, appointee to the Colorado Commission on Judicial Discipline, came to the table. The letter appointing him may be found as Attachment B. His application and resume are available at the State Archives. Mr. Casias discussed his background and the reasons he wants to serve on the commission.
16SenateJud0314AttachB.pdf
| BILL: | Confirmation to the Colorado Commission on Judicial Discipline | |
| TIME: | 01:36:14 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer the appointment of Bruce Casias to the Colorado Commission on Judicial Discipline to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. 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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01:37 PM -- SB16-131
Senator Roberts, chair, laid over Senate Bill 16-131, concerning the management of assets for individuals, until after the hearing on House Bill 16-1094.
01:38 PM -- HB16-1094
Senator Roberts, sponsor, presented House Bill 16-1094, concerning making references to the Attorney General in the Colorado Revised Statutes gender neutral. No witnesses testified on the bill.
| BILL: | HB16-1094 | |
| TIME: | 01:39:31 PM | |
| MOVED: | Roberts | |
| MOTION: | Refer House Bill 16-1094 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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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01:40 PM -- SB16-131
Senator Tate, sponsor, presented Senate Bill 16-131, concerning the management of assets for individuals, and, in connection therewith, clarifying that a fiduciary's authority is suspended after a petition for the fiduciary's removal is filed, protecting an adult ward or protected person's right to an attorney post-adjudication, and preventing a fiduciary from paying court costs or fees from out of an estate after receiving notice of an action for the fiduciary's removal. Senator Tate explained the bill's provisions and his reasons for bringing the bill.
01:45 PM -- Mr. Peter Coulter, representing himself, testified in opposition to the bill. Mr. Coulter discussed his experience in a probate case, including the actions of attorneys.
01:51 PM -- Ms. Karen Kalavity, representing herself, testified in opposition to the bill. Ms. Kalavity discussed the role of attorneys in her experiences with probate matters.
01:55 PM -- Mr. Steve Brainerd, representing the Colorado Bar Association, testified in support of the bill. Mr. Brainerd explained the purpose of the bill and specific provisions of the bill. He discussed the role of fiduciaries and how the bill affects them, and situations involving guardians and conservators.
02:05 PM
Mr. Brainerd continued discussing provisions of the bill. He responded to committee members' questions about the purpose of the bill, the role of courts in removing fiduciaries, and the decisions that may be made by protected persons.
02:12 PM -- Ms. Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Howard discussed cases involving legal representation of its members. She responded to committee questions.
02:14 PM -- Mr. Mike Valentine, representing Arapahoe County, testified in support of the bill. Mr. Valentine discussed the role of counties in cases of protected persons, and existing law related to the bill. He responded to questions about his position on the bill.
02:23 PM
Senator Tate provided closing remarks on the bill. Senator Cooke distributed and explained amendment L.006 (Attachment C).
16SenateJud0314AttachC.pdf
| BILL: | SB16-131 | |
| TIME: | 02:26:56 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.006 (Attachment C). 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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Senator Aguilar distributed and explained amendments L.004 (Attachment D) and L.005 (Attachment E). Senator Tate and the committee discussed the amendments. Senator Aguilar withdrew amendment L.004.
16SenateJud0314AttachD.pdf 16SenateJud0314AttachE.pdf
| BILL: | SB16-131 | |
| TIME: | 02:32:12 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.005 (Attachment E). 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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Senator Lundberg distributed and explained amendments L.001 (Attachment F), L.002 (Attachment G), and L.003 (Attachment H). The amendments were not moved.
16SenateJud0314AttachF.pdf 16SenateJud0314AttachG.pdf
16SenateJud0314AttachH.pdf
| BILL: | SB16-131 | |
| TIME: | 02:37:19 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer Senate Bill 16-131, 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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02:38 PM -- SB16-133
Senator Tate, sponsor, presented Senate Bill 16-133, concerning the transfer of property rights upon the death of a person, and, in connection therewith, including inherited individual retirement accounts and inherited Roth individual retirement accounts as property exempt from levy and sale under writ of attachment or writ of execution, clarifying determination-of-heirship proceedings in probate, and enacting portions of the Uniform Power of Appointment Act. He explained the main provisions of the bill.
02:42 PM -- Leia Ursery, representing the Colorado Bar Association, testified in support of the bill. She discussed specific provisions of the bill, and a potential amendment. She responded to questions regarding the bill's provisions.
02:47 PM -- Ms. Ruth Sadler, representing herself, testified in opposition to the bill. She explained her experience with probate matters and fiduciaries. She also discussed an investigation and discipline by the Colorado Bar Association concerning attorney conduct.
02:50 PM -- Mr. Peter Coulter, representing himself, testified in opposition to the bill. He discussed certain means by which assets can be transferred that may involve attorneys or public administrators. Mr. Coulter responded to a question concerning the role of probate in paying creditors of a decedent.
02:56 PM -- Ms. Luanne Fleming, representing Families Against Court Embezzlement Unethical Standards (FACEUS), testified in opposition to the bill. She discussed her family's experience with probate matters.
02:59 PM -- Mr. Robin Austin, representing FACEUS, testified in opposition to the bill. He discussed the role of attorneys and the Colorado Bar Association in probate matters. Mr. Austin further discussed specific provisions of the bill.
03:01 PM -- Ms. Karen Kalavity, representing herself, testified in opposition to the bill. Ms. Kalavity discussed her family's experience in probate matters. She responded to a question about her specific opposition to SB 16-133.
03:08 PM -- Mr. Steve Brainerd, representing the Colorado Bar Association, testified in support of the bill. Mr. Brainerd responded to questions about the purpose of the bill, and probate procedure, generally.
03:13 PM
Senator Cooke distributed amendment L.002 (Attachment I). The committee and Senator Tate discussed the amendment.
16SenateJud0314AttachI.pdf
| BILL: | SB16-133 | |
| TIME: | 03:14:43 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.002 (Attachment I). 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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Senator Cooke distributed, and Senator Tate explained, amendments L.001 (Attachment J) and L.004 (Attachment K).
16SenateJud0314AttachJ.pdf 16SenateJud0314AttachK.pdf
| BILL: | SB16-133 | |
| TIME: | 03:16:57 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.001 (Attachment J). 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: | SB16-133 | |
| TIME: | 03:17:14 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.004 (Attachment K). 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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03:17 PM
Senator Tate provided closing remarks on the bill.
| BILL: | SB16-133 | |
| TIME: | 03:18:53 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer Senate Bill 16-133, as amended, to the Committee of the Whole. The motion passed on a vote of 4-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Excused
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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: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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03:19 PM
The committee adjourned.