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J_CCU_2022A 12/07/2022 09:32:17 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date 12/07/2022
Attendance
Alicia Duran X
Gardner X
Thomas Grimshaw E
Yelana Love X
Donald Mielke X
Charley Pike X
Sara Scott *
Tipper X
Claire Levy X
Anne McGihon X
Time 09:32:17 AM to 10:56:07 AM
Place HCR 0112
This Meeting was called to order by Anne McGihon
This Report was prepared by Patti Dahlberg
Hearing Items Action Taken
Community Property Disposition at Death Act - 2021 To be introduced as a Commission Bill
Easement Relocation Act - 2020 Deferred consideration until a future meeting
Family Law Arbitration Act - 2016 Deferred consideration until a future meeting
Prevention of and Remedies for Human Trafficking Act - 2013 Deferred consideration until a future meeting
Public Expression Protection Act - 2020 Deferred consideration until a future meeting
UCC, 2022 Amendments to - 2022 To be introduced as a Commission Bill
Unregulated Child Custody Transfer Act - 2021 To be introduced as a Commission Bill
Alcohol Direct-Shipping Compliance Act Consideration tabled indefinitely
Electronic Estate Planning Documents Act To be drafted with amendments
Public Meetings During Emergencies Act To be introduced as a Commission Bill
Telehealth Act Consideration tabled indefinitely
Other business or public comment regarding items not on the agenda Commission Discussion

Community Property Disposition at Death Act - 2021 - To be introduced as a Commission Bill
09:32:57 AM  

Steve Brainerd with the Trusts & Estates Section of the Colorado Bar Association (CBA), testified that the Statutory Revisions Committee of the section established a subcommittee to review the act and how it works within the confines of the Colorado Probate Code. The subcommittee is in favor of the act but there are some revisions needed to help it to accord with Colorado law. Most of the revisions are minor, but there are a few substantive ones, mostly dealing with the time periods within which interested parties can stake a claim to the community property. The subcommittee believes that it can have its revisions approved by the appropriate CBA oversight committees by February.

    The commission confirmed that the subcommittee's revisions can be delivered to a drafter and that there are no known objections to the act. The commission thanked Mr. Brainerd and the CBA for their consideration and work on this act.

 

 
09:39:07 AM  

Commissioner Mielke moved that the Uniform Community Property Disposition at Death Act be drafted with the CBA revisions and introduced as a commission bill. Commissioners Gardner and Pike seconded, and the motion passed without objection. Senator Gardner agreed to carry this act as a Senate bill and will find a House sponsor.


09:40:32 AM
 Motion The Uniform Community Property Disposition at Death Act be drafted with the CBA revisions and introduced as a commission bill.
Moved Donald Mielke
Seconded
Alicia Duran
Gardner
Thomas Grimshaw Excused
Yelana Love
Donald Mielke
Charley Pike
Sara Scott Excused
Tipper
Claire Levy
Anne McGihon
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection



Easement Relocation Act - 2020 - Deferred consideration until a future meeting
09:40:49 AM  

Commissioner Mielke noted that many subdivision maps were drawn based on maps made a hundred or more years ago without the surveyor walking the property. As a result, roads and lots can be somewhat erratic and there is a need to have the easements updated. Commissioner Gardner recollected that in past discussions water law attorneys voiced strong opposition with relocating ditch easements. Commissioner Mielke suggested that the commission work with the CBA to amend the act to exclude water and power lines, or other Colorado-related concerns similar to what was done with the financing areas of the UCC regarding crops. Commissioner Levy added that Colorado has adopted the restatement approach to property law and that common law seems to be the preferred way to address easements.
09:46:40 AM  

Tyler Mounsey, Director of Legislative Relations with the CBA, testified that the CBA has reviewed the act and Mr. Mounsey is aware it has been opposed in the past but has not received that same direction yet and is doing more research on his end. He suggested that before making special concessions to the Water Law Section of the CBA there may be other avenues for water law to explore.
09:47:44 AM  
Commissioner Levy
stated that it would be worth hearing again from the bar before making
a decision, but does not see a strong need to codify Colorado common law
or for uniformity in property law.

   
 Commissioner Pike moved that the commission defer consideration on
the Uniform Easement Relocation Act until a future meeting. Commissioner
Mielke seconded, and the motion passed without objection.


09:50:19 AM
 Motion The commission defer consideration on the Uniform Easement Relocation Act until a future meeting.
Moved Charley Pike
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



Family Law Arbitration Act - 2016 - Deferred consideration until a future meeting
09:50:39 AM  
Commissioner Levy
observed that there does not seem to be a great need for this act as current
Colorado law addresses mediation and perhaps the commission should wait
until it hears there is a need for this act from family law practitioners
before moving forward with it.
09:52:18 AM  
Tyler Mounsey, Director
of Legislative Relations with the CBA, confirmed that the CBA is reviewing
the act but he has not received any substantive comments on the act.
09:53:04 AM  
     Commissioner
Scott asked that the commission consider this act because of regarding
its binding arbitration to help families resolve issues without going to
litigation. She asked the commission wait for additional input before deciding
to not move forward on it.

   
 Commissioner Pike moved that the commission defer consideration on
the Uniform Family Law Arbitration Act until a future meeting. Commissioner
Love seconded, and the motion passed without objection.


09:54:32 AM
 Motion The commission defer consideration on the Uniform Family Law Arbitration Act until a future meeting.
Moved Charley Pike
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



Prevention of and Remedies for Human Trafficking Act - 2013 - Deferred consideration until a future meeting
09:54:46 AM  
There was no public
testimony on this item. Commissioner McGihon noted that last year the Colorado
District Attorneys Council was working on updating Colorado law with the
uniform act but it wasn't completed in time for introduction during the
2022 legislative session. Commissioner Tipper shared that there were issues
with human trafficking stakeholder groups and some of the act's language
and suggested that the commission get a status report on where things were
left off on last year's efforts for the next meeting. Commissioner Gardner
added that there were challenges with trying to keep the act uniform and
agreed that the commission should gather more information before making
a decision to move forward on it.

   
 Commissioner Pike moved that the commission defer consideration on
the Uniform Prevention of and Remedies for Human Trafficking Act until
a future meeting. Commissioner Mielke seconded, and the motion passed without
objection.


09:58:19 AM
 Motion The commission defer consideration on the Uniform Prevention of and Remedies for Human Trafficking Act until a future meeting.
Moved Charley Pike
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



Public Expression Protection Act - 2020 - Deferred consideration until a future meeting
09:58:35 AM  
There was no public
testimony on this item. Commissioner Levy stated that the commission has
held fairly extensive discussions on this act and has asked for and received
a comparison report of the act with Colorado law from the Uniform Law Commission
(ULC). Although this act provides additional procedural protections that
would be beneficial to Colorado there are some first amendment issues to
be considered. Enough time may have passed since Colorado enacted its laws
on public expression that there may now be interest in the uniform act
but the sponsor would need to have a background in this area of law.
10:02:41 AM  
Commissioner Gardner
added that the act would be a heavy lift and the commission should find
a sponsor before moving forward with it. Commissioner Levy suggested that
the commission look to the advocacy community and search out other sources
of comment and support for the act.  

   
 Commissioner Mielke moved that the act be drafted but that the commission
defer consideration on the Uniform Public Expression Protection Act until
a future meeting. Three commissioners seconded, and the motion passed without
objection.


10:05:57 AM
 Motion The act be drafted but that the commission defer consideration on the Uniform Public Expression Protection Act until a future meeting.
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



UCC, 2022 Amendments to - 2022 - To be introduced as a Commission Bill
10:07:04 AM  
There was no public
testimony on this item. Commissioner Mielke stated that the updates in
the act fit easily into the current Uniform Commercial Code enacted in
Colorado and should be moved forward. Commissioner Gardner concurred and
agreed to be the Senate sponsor and find a House sponsor.

   
 Commissioner Pike moved the Uniform UCC 2022 Amendments Act be drafted
and introduced as a commission bill. Commissioner Mielke seconded, and
the motion passed without objection.


10:08:42 AM
 Motion The Uniform UCC 2022 Amendments Act be drafted and introduced as a commission bill.
Moved Charley Pike
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



Unregulated Child Custody Transfer Act - 2021 - To be introduced as a Commission Bill
10:08:58 AM  
There was no public
testimony on this item. Commissioner Levy reported that she has received
inquiries from a newly-elected legislator, Rep. Joseph, who is interested
in sponsoring this act. Commissioner McGihon confirmed that Rep. Joseph
practices in family law. Commissioner Scott reaffirmed her strong objections
to this act and that parents and adopted parents should be able to act
in the best interest of the child as they see fit. She asked that the commission
seek out additional testimony from the child welfare community. Commissioner
Levy agreed that comment from the child welfare community is needed but
that her understanding was that the welfare community was consulted during
the drafting of the act. She added that the act is not uniquely targeted
to adopted children, although it does address concerns regarding adoptions
of a high need child by persons not determined to be a suitable parent
for a child with those needs. She recommended that the commission move
forward with drafting the act for introduction so that stakeholders do
come forward to testify during the legislative process.
10:13:13 AM  
Commissioner McGihon
concurred that a variety of communities were involved in the drafting of
the act prior to its approval by the ULC. Commissioner Scott stated that
the commission needs to bring a wide variety of voices in the room and
moved that the commission not move forward on the act until it hears from
these communities, there was no second to the motion and the motion failed.


   
 Commissioner Levy moved the Uniform Unregulated Child Custody Transfer
Act be drafted and introduced as a commission bill. Commissioners Mielke
and Gardner seconded, and the motion passed 8 to 1.


10:17:35 AM
 Motion The Uniform Unregulated Child Custody Transfer Act be drafted and introduced as a commission bill.
Moved Claire Levy
Seconded
Alicia Duran Yes
Gardner Yes
Thomas Grimshaw Excused
Yelana Love Yes
Donald Mielke Yes
Charley Pike Yes
Sara Scott No
Tipper Yes
Claire Levy Yes
Anne McGihon Yes
YES: 8   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Alcohol Direct-Shipping Compliance Act - Consideration tabled indefinitely
10:17:51 AM  
There was no public
testimony on this item. Commissioner Levy reported that Colorado (CCUSL)
voted to not approve the act at the ULC meeting and she does not see a
need for the commission to consider it for Colorado.  There is sufficient
regulation in this area, the authority to regulate in this area already
exists, and the act is unlikely to be adopted by the states. Commissioners
Mielke and Gardner concurred with not moving the act forward.

   
 Commissioner Pike moved that the commission defer any further action
on the Uniform Alcohol Direct-Shipping Compliance Act. Commissioner Mielke
seconded, and the motion passed without objection.


10:20:28 AM
 Motion The commission defer any further action on the Uniform Alcohol Direct-Shipping Compliance Act.
Moved Charley Pike
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



Electronic Estate Planning Documents Act - To be drafted with amendments
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



Public Meetings During Emergencies Act - To be introduced as a Commission Bill
10:40:52 AM  
There was no public
testimony on this item. Commissioner Levy reported that she served on the
drafting committee for the act. It was changed to be a model act in recognition
that uniformity is not needed in this area. It's designed to fit within
the frame work of open meetings laws which vary from state to state. The
drafting committee did not want to create new requirements for open meetings,
but to create what could be considered a best practices act for creating
a balance with proceeding with business during a public emergency in a
way that is compatible with the public's right to know what their public
officials are during and to participate in that process to the best extent
possible. During COVID, many jurisdictions acting under executive orders
met but did not have time to explore all options to best achieve that balance.
The model act would not apply to state legislatures and state agencies
but the real need for it is for local public bodies and asked the commission
to move it forward.
10:44:22 AM  
Commissioner Gardner
added that the pandemic made us aware of just how many public bodies there
are in Colorado while it left them scrambling to figure out what meetings
they could still have. The model act addresses that and the commission
should introduce this while the last two years is still fresh in everyone's
mind. Commissioner Gardner agreed to sponsor this act in the Senate or
find another Senator to do so. Commissioner Levy noted that there may be
newly-elected legislators who come from public bodies who may be interested
in carrying the bill and will help with finding a House sponsor.

   
 Commissioner Levy moved the Uniform Public Meetings During Emergencies
Model Act be drafted and introduced as a commission bill. Commissioners
Pike and Duran seconded, and the motion passed without objection.


10:47:43 AM
 Motion The Uniform Public Meetings During Emergencies Model Act be drafted and introduced as a commission bill.
Moved Claire Levy
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



Telehealth Act - Consideration tabled indefinitely
10:48:01 AM  
There was no public
testimony on this item. Commissioner Levy advised the commission not move
forward with this act. Commissioner Gardner concurred and Commissioner
Tipper added that some of the General Assembly's recently enacted legislation
in this area was contentious and the act would most likely not be well-received.
Commissioner McGihon shared concerns with how this act integrates with
Colorado's existing statutes and the commission needs to study it to see
if there is anything useful to Colorado in the act and asked Commissioner
Love to ask the ULC to provide a comparison memo.

   
 Commissioner Pike moved that the commission defer further action
on the Uniform Telehealth Act. Commissioner Love seconded, and the motion
passed without objection.


10:51:18 AM
 Motion The commission defer further action on the Uniform Telehealth Act.
Moved Charley Pike
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



Other business or public comment regarding items not on the agenda - Commission Discussion
10:51:38 AM  
There was no public
testimony on this item. The commission mentioned that the current two-year
commission appointments were expiring soon, and that the new commission
would be appointed by resolution sometime in January. Commissioner Love
requested the commission approve the Office of Legislative Legal Services
(OLLS) prepare drafts on the uniform acts moved to be considered at the
January meeting.

   
 Commissioner Pike moved that the Easement Relocation Act, Family
Law Arbitration Act, and Prevention of and Remedies for Human Trafficking
Act be drafted by the OLLS. Commissioner Love seconded, and the motion
passed without objection.
10:55:24 AM  
The next Colorado
Commission on Uniform State Laws meeting will be on Friday, January 13,
2023, starting at 1 p.m


10:55:38 AM
 Motion The Easement Relocation Act, Family Law Arbitration Act, and Prevention of and Remedies for Human Trafficking Act be drafted by the OLLS.
Moved Charley Pike
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


10:56:07 AM   The committee adjourned.






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