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s_jud_2016a_2016-01-27t13:32:07z0 Hearing Summary

Date: 01/27/2016



Final

BILL SUMMARY for SB16-026



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment A). The motion p

Adopt amendment L.004 (Attachment B). The motion p

Adopt Amendment L.005 (Attachment C). The motion p

Adopt Amendment L.007 (Attachment D). The motion p

Adopt Amendment L.008 (Attachment E). The motion p

Refer Senate Bill 16-026, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS







01:32 PM -- SB16-026



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Woods, sponsor, presented Senate Bill 16-026, concerning personal rights of protected persons. Senator Woods discussed the bill and distributed and explained amendments L.001 (Attachment A), L.004 (Attachment B), L.005 (Attachment C), L.007 (Attachment D), L.008 (Attachment E). Senator Woods and the committee discussed the amendments and Senator Roberts explained the procedures to be used for witness testimony.



16SenateJud0127AttachA.pdf16SenateJud0127AttachA.pdf 16SenateJud0127AttachB.pdf16SenateJud0127AttachB.pdf



16SenateJud0127AttachC.pdf16SenateJud0127AttachC.pdf 16SenateJud0127AttachD.pdf16SenateJud0127AttachD.pdf



16SenateJud0127AttachE.pdf16SenateJud0127AttachE.pdf





01:42 PM --
Ms. Catherine Faulk, representing herself, testified in support of the bill. She distributed a packet of information (Attachment F). Ms. Faulk explained her experience concerning her rights to visit her father. She also explained her efforts to pass similar legislation in other states.



16SenateJud0127AttachF.pdf16SenateJud0127AttachF.pdf





01:49 PM --
Mr. John DeBruyn, representing himself, testified in support of the bill. He discussed a situation of a client concerning issues that may be affected by the bill.



01:51 PM --
Ms. Sarah Golombek, representing the Colorado Bar Association, testified in support of the bill. Ms. Golombek expressed support for Senator Woods' efforts, and stated that she had not reviewed the amendments introduced at the meeting and could not support the bill as introduced. She outlined the reasons that she could not support the introduced bill, including explaining the protections in place under existing law and technical issues in the bill. Senator Lundberg and Ms. Golombek discussed existing law and the bill, including the changes to existing law that Ms. Golombek could support.





02:02 PM



Ms. Golombek continued to respond to Senator Lundberg and discussed possible changes to existing law that she could support. Senator Lundberg explained a situation that one of his constituents had relating to the subject matter of the bill. Senator Roberts discussed her professional experience as it relates to probate matters. Ms. Golombek responded to Senator Lundberg.



02:12 PM --
Ms. Carol Pearson, representing herself, testified in support of the bill. Ms. Pearson explained her daughter's guardianship experience as a disabled adult, as well as her own experience working with her daughter's guardian. Ms. Pearson responded to committee questions regarding details of her experience.



02:20 PM --
Mr. Larry Parr, representing himself, testified in support of the bill. At Mr. Parr's request, Mr. Robin Austin read Mr. Parr's written remarks regarding the care for Mr. Parr's mother, her experience with a guardian, and issues concerning visitation by her family. Mr. Parr responded to committee questions about the legal process concerning his mother. Senator Woods explained the legal process underlying Mr. Parr's experiences.



02:32 PM --
Mr. Austin testified on behalf of Families Against Court Embezzlement Unethical Standards in support of the bill. Mr. Austin explained court procedures and processes and how courts have an effect on individuals' finances. He expressed his opinions on actions taken by courts and courts' motivations for doing so.



02:36 PM --
Ms. Athena Roe, representing herself, read written testimony of Ms. Janet Van Vilet in support of the bill. The testimony concerned the experience of Ms. Van Vilet and her mother.



02:40 PM --
Ms. Marijo Rymer, representing The ARC of Colorado, testified in support of the bill. Ms. Rymer provided background on laws and policies concerning protected persons.



02:42 PM --
Ms. Luanne Fleming, representing Families Against Court Embezzlement Unethical Standards, testified in support of the bill. Ms. Fleming discussed her experience concerning the care of her mother, including an explanation of how court decisions impacted her finances.



02:46 PM --
Ms. Ruth Sadler, representing herself, testified in support of the bill. Ms. Sadler discussed her experience with the probate court concerning her father's estate, and the effect that had on her family.



02:50 PM --
Marcia Southwick, representing the National Association to Stop Guardianship Abuse, testified in support of the bill. Ms. Southwick discussed incidents of elder abuse. Ms. Southwick explained the reasons that the bill is necessary and why specific provisions are included in the bill.



02:58 PM --
Ms. Anna Martinez, representing herself, testified in support of the bill. Ms. Martinez explained issues that she has with court organization, including that Denver is the only county in Colorado that has a dedicated probate court. She also expressed issues with guardianship proceedings. In response to the committee, Ms. Martinez explained the process for petitioning the court to begin guardianship proceedings.

BILL: SB16-026
TIME: 03:06:54 PM
MOVED: Lundberg
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Cooke
Merrifield
Todd
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-026
TIME: 03:08:20 PM
MOVED: Lundberg
MOTION: Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Cooke
Merrifield
Todd
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-026
TIME: 03:08:49 PM
MOVED: Lundberg
MOTION: Adopt Amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Cooke
Merrifield
Todd
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



Senator Woods explained amendment L.007.

BILL: SB16-026
TIME: 03:09:00 PM
MOVED: Lundberg
MOTION: Adopt Amendment L.007 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Cooke
Merrifield
Todd
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-026
TIME: 03:09:10 PM
MOVED: Lundberg
MOTION: Adopt Amendment L.008 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Cooke
Merrifield
Todd
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-026
TIME: 03:09:18 PM
MOVED: Lundberg
MOTION: Refer Senate Bill 16-026, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Merrifield
Yes
Todd
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:10 PM



The committee adjourned.