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S_JUD_2021A 03/25/2021 01:35:46 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 03/25/2021
Attendance
Cooke *
Gardner X
Rodriguez X
Gonzales X
Lee X
Time 01:35:46 PM to 04:53:41 PM
Place Old Supreme Court
This Meeting was called to order by Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB21-061 Amended, referred to the Committee of the Whole
SB21-171 Referred to the Committee of the Whole - Consent Calendar
SB21-162 Amended, referred to the Committee of the Whole - Consent Calendar

SB21-061 - Amended, referred to the Committee of the Whole

01:35:56 PM  

Senator Story, bill sponsor, explained Senate Bill 21-061, concerning claims for pre-majority economic loss incurred by a minor. 

 

 

01:37:06 PM  

Senator Story discussed common law, statutes of limitations, cases involving injured minors, and recovery of medical expenses. 

 

 

01:48:05 PM  

Ms. Molly Greenblatt, representing self, testified in support of the bill. She answered questions about the frequency of such cases, statutes of limitations, and subrogation. 

 

 

01:54:42 PM  

Megan Brand, representing CFPD-Colorado Fund for People with Disabilities, testified in support of the bill. She discussed financial stability and caregiver support.

01:58:39 PM  

Mrs. Megan Bowser, representing self, testified in support of the bill. She discussed her son's traumatic brain injury and public benefits. 

 

02:04:48 PM  

 Colleen and Michael Gagliardi, representing self, testified in support of the bill. They discussed their son's brain injury and timelines. 

 

 

02:14:42 PM  

Jennifer and Steve Pressey, representing themselves, testified in support of the bill. They discussed their daughter's health condition. 

 

Mrs. Christy Blakely, representing Family Voices CO & Arc of CO, testified in support of the bill. She discussed her daughter's cognitive disabilities and public benefits. 

 

 

02:27:49 PM  

Ms. Traci Van Pelt, representing self, testified in opposition to the bill.  She discussed parental responsibility, the Candor Act, special needs trusts, common law, and subrogation.

 

Committee members asked questions about common law, statutes of limitations accrual and tolling.  

 

 

02:51:47 PM  

Further discussion ensued about when parents should reasonably know about a child's injury, statutes of limitations, and legal claims. 

 

Ms. Theresa Benz, representing Coloradans Protecting Patient Access, testified in opposition to the bill.  She discussed common law. 

03:14:23 PM  

Committee discussion followed about common law application for parents, statutes of limitations tolling and accrual, and reimbursement for past damages.  Questions were raised about the differences between parental and child claims. 

03:21:19 PM  

Kendra Beckwith, representing herself, testified in opposition. She discussed joint ownership issues. 

 

 

03:27:21 PM  

Mr. David Woodruff, representing Colorado Trial Lawyers Association, testified in support of the bill.  He discussed parental expectations and answered questions about hospital discharge instructions, statutes of limitations, and the Candor Act. 

 

 

Submitted written testimony for SB21-061 can be found in Attachment A.

03:54:01 PM  

Senator Story presented and discussed Amendment L. 001, which makes technical changes (Attachment B). 



03:55:33 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:55:49 PM  

Senator Story presented and discussed Amendment L.002, which makes additional technical changes (Attachment C). 



03:56:11 PM
Motion Adopt amendment L.002 (Attachment C)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:56:42 PM  

Senator Gonzales moved the bill to the Committee of the Whole. 

 

Senator Gardner made a substitute motion to the Committee on Appropriations. 

 

 

 



03:59:24 PM
Motion Refer Senate Bill 21-061, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
03:59:43 PM  

Senator Story gave closing remarks.



04:04:48 PM
Motion Refer Senate Bill 21-061, as amended, to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-171 - Referred to the Committee of the Whole - Consent Calendar


04:05:13 PM  

Senator Gardner, bill sponsor, explained Senate Bill 21-171, concerning the "Uniform Fiduciary Income and Principal Act".  He discussed updates Colorado trust law and modernizing trust accounting. 

 

 

04:27:48 PM  

Ms. Georgine Kryda, representing Colorado Bar Association, testified in support of the bill. She discussed financial record keeping for trusts or estates.

 

Mr. Stan Kent, representing Colorado Bar Association, testified in support of the bill.

04:36:17 PM  

Senator Gardner made closing remarks.



04:38:52 PM
Motion Refer Senate Bill 21-171 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-162 - Amended, referred to the Committee of the Whole - Consent Calendar


04:39:04 PM  

Senator Gardner, bill sponsor, explained Senate Bill 21-162, concerning spendthrift provisions in trusts pursuant to the "Colorado Uniform Turst Code".

04:43:23 PM  

Mr. Stephen Brainerd, representing Colorado Bar Association, made himself available to answer committee questions. He answered questions about creditors' rights and trusts.

 

Ms. Darla Daniel, representing Colorado Bar Association, testified in support of the bill.

04:49:09 PM  

Kevin Nimond, Department of Human Services,made himself available for questions.

04:52:12 PM  

Senator Gardner presented and explained Amendment L..001 which changes effective date (Attachment D). 



04:52:33 PM
Motion Adopt amendment L.001 (Attachment D)
Moved Gardner
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:52:55 PM  

Senator Gardner made closing remarks. 



04:53:32 PM
Motion Refer Senate Bill 21-162, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:53:41 PM   The committee adjourned.






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