Amendments for HB19-1045

House Journal, February 15
46 HB19-1045 be amended as follows, and as so amended, be referred to
47 the Committee on Appropriations with favorable
48 recommendation:
49
50 Amend printed bill, page 2, line 14, strike "(1)" and substitute "(1), (4)
51 introductory portion, and (5)".
52
53 Page 3, after line 2, insert:
54 "(4) On or before January 1, 2021 2023, the director shall submit
55 to the judiciary committees of the senate and the house of representatives,
1 or to any successor committees, a report concerning the activities of the
2 office. The report, at a minimum, must:
3 (5) In addition to performing the duties described in this section,
4 the director, in consultation with the commission, shall develop a strategy
5 for the discontinuation of the office in the event that the general assembly
6 declines to continue or expand the office after 2021 2023. The strategy
7 must include consideration of how to meet the guardianship needs of
8 adults who will no longer be able to receive guardianship services from
9 the office.
10 SECTION 3. In Colorado Revised Statutes, amend 13-94-111 as
11 follows:
12 13-94-111. Repeal - wind-up. (1) This article 94 is repealed,
13 effective June 30, 2021 DECEMBER 31, 2023. Prior to such repeal, the
14 general assembly, after reviewing the report submitted by the director
15 pursuant to section 13-94-105 (4), shall consider whether to enact
16 legislation to continue, discontinue, or expand the office.
17 (2) IF THE GENERAL ASSEMBLY HAS ADJOURNED THE LEGISLATIVE
18 SESSION BEGINNING IN JANUARY OF 2023 SINE DIE WITHOUT ENACTING
19 LEGISLATION TO CONTINUE OR EXPAND THE OFFICE, THE OFFICE SHALL
20 IMPLEMENT ITS DISCONTINUATION PLAN DEVELOPED PURSUANT TO
21 SECTION 13-94-105 AND WIND-UP ITS AFFAIRS PRIOR TO THE REPEAL OF
22 THIS ARTICLE 94.".
23
24 Renumber succeeding section accordingly.
25
26

House Journal, April 16
32 HB19-1045 be amended as follows, and as so amended, be referred to
33 the Committee of the Whole with favorable
34 recommendation:
35
36 Amend Judiciary Committee report dated February 14, 2019, page 1,
37 after line 2, insert:
38 "Page 3, line 2, after the period, insert "NOTWITHSTANDING ANY OTHER
39 PROVISION OF THIS SECTION, UPON RECEIVING FUNDING SUFFICIENT TO
40 BEGIN OPERATIONS IN THE SECOND JUDICIAL DISTRICT, THE OFFICE MUST
41 BEGIN OPERATIONS IN THAT JUDICIAL DISTRICT PRIOR TO OPERATING IN
42 ANY OTHER DISTRICT.".".
43
1 Page 2 of the committee report, strike line 4 and substitute:
2 "THIS ARTICLE 94.
3 SECTION 4. In Colorado Revised Statutes, 13-32-102, amend
4 (1), (6)(a) introductory portion, (6)(a)(II), (6)(b) introductory portion,
5 (6)(b)(II), (6)(c) introductory portion, (6)(c)(II), (6)(d) introductory
6 portion, (6)(d)(II), (6)(e) introductory portion, (6)(e)(II), (6)(f)
7 introductory portion, (6)(f)(II), (6)(g) introductory portion, (6)(g)(II),
8 (6)(h) introductory portion, and (6)(h)(II) as follows:
9 13-32-102. Fees in probate proceedings. (1) On and after July
10 1, 2008, 2019, for services rendered by judges and clerks of district or
11 probate courts in all counties of the state of Colorado in proceedings had
12 pursuant to articles 10 to 17 of title 15, the court shall charge the
13 following fees:
14 (a) Docket fee at the time of filing first papers in any decedent's
15 estate eligible for summary administrative procedures under section
16 15-12-1203, C.R.S., or in any small estate of a person under disability
17 qualifying under section 15-14-118, C.R.S., which estates involve no real
18 property.................... $ 68.00 83.
19 (b) Docket fee at time of filing first papers in any estate not
20 coming within the provisions of paragraph (a) of this subsection (1)
21 SUBSECTION (1)(a) OF THIS SECTION.................... 164.00 199.
22 (c) Additional fee payable by petitioner at time of filing petition
23 for supervised administration of a decedent's estate pursuant to sections
24 15-12-501 and 15-12-502, C.R.S., except for contested
25 claims.................... 163.00 198.
26 (d) Docket fee to be paid by the claimant prior to hearing on any
27 contested claim, which fee shall be IS taxed by the district or probate
28 court in the same manner as costs in civil actions.................... 163.
29 198.
5 30 (e) Registration fee for registration of trust pursuant to article
31 of title 15.................... 163.00 198.
32 (f) Docket fee at time of filing first papers in each action relating
33 to a trust.................... 164.00 199.
34 (g) Nonrefundable fee for any demand for notice filed pursuant
35 to section 15-12-204 C.R.S..................... 30.00 36.
36 (h) A fee to be paid by the testator at the time of depositing a will
515 37 with the court during the testator's lifetime pursuant to section 15-11-
38 C.R.S..................... 15.00 18.
39 (6) (a) Each fee collected pursuant to paragraph (a) of subsection
40 (1) SUBSECTION (1)(a) of this section shall be transmitted to the state
41 treasurer and divided as follows:
42 (II) On and after July 1, 2009, 2019, forty-eight dollars shall be
43 deposited in the judicial stabilization cash fund created in section
44 13-32-101 (6), five dollars shall be deposited in the court security cash
45 fund established pursuant to section 13-1-204, FIFTEEN DOLLARS SHALL
46 BE DEPOSITED IN THE OFFICE OF PUBLIC GUARDIANSHIP CASH FUND
47 ESTABLISHED PURSUANT TO SECTION 13-94-108 (1), and fifteen dollars
48 shall be deposited in the justice center cash fund created in section
49 13-32-101 (7)(a).
50 (b) Each fee collected pursuant to paragraph (b) of subsection (1)
51 SUBSECTION (1)(b) of this section shall be transmitted to the state
52 treasurer and divided as follows:
53 (II) On and after July 1, 2009, 2019, one hundred forty-three
54 dollars shall be deposited in the judicial stabilization cash fund created
55 in section 13-32-101 (6), five dollars shall be deposited in the court
56 security cash fund established pursuant to section 13-1-204, fifteen
1 dollars shall be deposited in the justice center cash fund created in
2 section 13-32-101 (7)(a), THIRTY-FIVE DOLLARS SHALL BE DEPOSITED IN
3 THE OFFICE OF PUBLIC GUARDIANSHIP CASH FUND ESTABLISHED
4 PURSUANT TO SECTION 13-94-108 (1), and one dollar shall be deposited
5 in the general fund pursuant to section 2-5-119. C.R.S.
6 (c) Each fee collected pursuant to paragraph (c) of subsection (1)
7 SUBSECTION (1)(c) of this section shall be transmitted to the state
8 treasurer and divided as follows:
9 (II) On and after July 1, 2009, 2019, one hundred forty-three
10 dollars shall be deposited in the judicial stabilization cash fund created
11 in section 13-32-101 (6), five dollars shall be deposited in the court
12 security cash fund established pursuant to section 13-1-204, THIRTY-FIVE
13 DOLLARS SHALL BE DEPOSITED IN THE OFFICE OF PUBLIC GUARDIANSHIP
14 CASH FUND ESTABLISHED PURSUANT TO SECTION 13-94-108 (1), and
15 fifteen dollars shall be deposited in the justice center cash fund created
16 in section 13-32-101 (7)(a).
17 (d) Each fee collected pursuant to paragraph (d) of subsection (1)
18 SUBSECTION (1)(d) of this section shall be transmitted to the state
19 treasurer and divided as follows:
20 (II) On and after July 1, 2009, 2019, one hundred forty-three
21 dollars shall be deposited in the judicial stabilization cash fund created
22 in section 13-32-101 (6), five dollars shall be deposited in the court
23 security cash fund established pursuant to section 13-1-204, THIRTY-FIVE
24 DOLLARS SHALL BE DEPOSITED IN THE OFFICE OF PUBLIC GUARDIANSHIP
25 CASH FUND ESTABLISHED PURSUANT TO SECTION 13-94-108 (1), and
26 fifteen dollars shall be deposited in the justice center cash fund created
27 in section 13-32-101 (7)(a).
28 (e) Each fee collected pursuant to paragraph (e) of subsection (1)
29 SUBSECTION (1)(e) of this section shall be transmitted to the state
30 treasurer and divided as follows:
31 (II) On and after July 1, 2009, 2019, one hundred forty-three
32 dollars shall be deposited in the judicial stabilization cash fund created
33 in section 13-32-101 (6), five dollars shall be deposited in the court
34 security cash fund established pursuant to section 13-1-204, THIRTY-FIVE
35 DOLLARS SHALL BE DEPOSITED IN THE OFFICE OF PUBLIC GUARDIANSHIP
36 CASH FUND ESTABLISHED PURSUANT TO SECTION 13-94-108 (1), and
37 fifteen dollars shall be deposited in the justice center cash fund created
38 in section 13-32-101 (7)(a).
39 (f) Each fee collected pursuant to paragraph (f) of subsection (1)
40 SUBSECTION (1)(f) of this section shall be transmitted to the state
41 treasurer and divided as follows:
42 (II) On and after July 1, 2009, 2019, one hundred forty-three
43 dollars shall be deposited in the judicial stabilization cash fund created
44 in section 13-32-101 (6), five dollars shall be deposited in the court
45 security cash fund established pursuant to section 13-1-204, fifteen
46 dollars shall be deposited in the justice center cash fund created in
47 section 13-32-101 (7)(a), THIRTY-FIVE DOLLARS SHALL BE DEPOSITED IN
48 THE OFFICE OF PUBLIC GUARDIANSHIP CASH FUND ESTABLISHED
49 PURSUANT TO SECTION 13-94-108 (1), and one dollar shall be deposited
50 in the general fund pursuant to section 2-5-119. C.R.S.
51 (g) Each fee collected pursuant to paragraph (g) of subsection (1)
52 SUBSECTION (1)(g) of this section shall be transmitted to the state
53 treasurer and divided as follows:
54 (II) On and after July 1, 2009, 2019, twenty-five dollars shall be
55 deposited in the judicial stabilization cash fund created in section
56 13-32-101 (6), SIX DOLLARS SHALL BE DEPOSITED IN THE OFFICE OF
1 PUBLIC GUARDIANSHIP CASH FUND ESTABLISHED PURSUANT TO SECTION
2 13-94-108 (1), and five dollars shall be deposited in the court security
3 cash fund established pursuant to section 13-1-204.
4 (h) Each fee collected pursuant to paragraph (h) of subsection (1)
5 SUBSECTION (1)(h) of this section shall be transmitted to the state
6 treasurer and divided as follows:
7 (II) On and after July 1, 2010, 2019, ten dollars shall be deposited
8 in the judicial stabilization cash fund created in section 13-32-101 (6),
9 THREE DOLLARS SHALL BE DEPOSITED IN THE OFFICE OF PUBLIC
10 GUARDIANSHIP CASH FUND ESTABLISHED PURSUANT TO SECTION
11 13-94-108 (1), and five dollars shall be deposited in the court security
12 cash fund established pursuant to section 13-1-204.
13 SECTION 5. In Colorado Revised Statutes, 13-53-106, amend
14 (1)(a), (1)(c) introductory portion, (1)(c)(III), (1)(c)(IV); and add
15 (1)(c)(V) as follows:
16 13-53-106. Fees. (1) (a) On and after July 1, 2008, any person
17 filing a foreign judgment shall pay to the clerk of the court one hundred
18 sixty-six TWO HUNDRED ONE dollars.
19 (c) Each fee collected pursuant to paragraph (a) of this subsection
20 (1) SUBSECTION (1)(a) OF THIS SECTION shall be transmitted to the state
21 treasurer and divided as follows:
22 (III) Fifteen dollars shall be deposited in the justice center cash
23 fund created in section 13-32-101 (7)(a); and
24 (IV) One dollar shall be deposited in the general fund pursuant to
25 section 2-5-119; C.R.S. AND
26 (V) THIRTY-FIVE DOLLARS SHALL BE DEPOSITED IN THE OFFICE OF
27 PUBLIC GUARDIANSHIP CASH FUND ESTABLISHED PURSUANT TO SECTION
28 13-94-108 (1).
29 SECTION 6. In Colorado Revised Statutes, 15-12-623, amend
30 (1)(a)(III); and add (1)(c) as follows:
31 15-12-623. Public administrator - administration - reports -
32 fees. (1) The following court docket fees shall be charged:
33 (a) Public administrator statements of account in small estates, as
34 "small estates" is defined in section 15-12-1201, having gross assets:
35 F e e
36 Tax Total
37 (III) $2,000.00 or more $ 89.00 108.
38 1.00 90.00 109.
39 (c) NINETEEN DOLLARS OF EACH FEE COLLECTED PURSUANT TO
40 SUBSECTION (1)(a)(III) OF THIS SECTION SHALL BE TRANSMITTED TO THE
41 STATE TREASURER, WHO SHALL DEPOSIT IT IN THE OFFICE OF PUBLIC
42 GUARDIANSHIP CASH FUND ESTABLISHED PURSUANT TO SECTION
43 13-94-108 (1).
44 SECTION 7. In Colorado Revised Statutes, 13-71-144, amend
45 (1)(a), (2)(a) introductory portion, and (2)(a)(II) as follows:
46 13-71-144. Jury fees to be assessed in civil cases. (1) (a) On
47 and after July 1, 2008, 2019, any party demanding a trial by jury as
48 provided by statute shall pay to the clerk of the court a fee of one
49 hundred ninety TWO HUNDRED THIRTY-ONE dollars in district court cases
50 at the time the demand is made pursuant to the Colorado rules of civil
51 procedure.
52 (2) (a) Each fee collected pursuant to paragraph (a) of subsection
53 (1) SUBSECTION (1)(a) of this section shall be transmitted to the state
54 treasurer and divided as follows:
55 (II) On and after July 1, 2009, 2019, one hundred sixty-five
56 dollars shall be deposited in the judicial stabilization cash fund created
1 in section 13-32-101 (6), five dollars shall be deposited in the court
2 security cash fund established pursuant to section 13-1-204, FORTY-ONE
3 DOLLARS SHALL BE DEPOSITED IN THE OFFICE OF PUBLIC GUARDIANSHIP
4 CASH FUND ESTABLISHED PURSUANT TO SECTION 13-94-108 (1), and
5 twenty dollars shall be deposited in the justice center cash fund created
6 in section 13-32-101 (7)(a).
7 SECTION 8. Appropriation. For the 2019-20 state fiscal year,
8 $835,386 is appropriated to the judicial department for use by the office
9 of public guardianship. Of this appropriation, $427,000 is from the
10 general fund and $408,386 is from the office of public guardianship cash
11 fund created in section 13-94-108 (1), C.R.S. The appropriation is based
12 on an assumption that the office will require an additional 4.5 FTE. The
13 office may use this appropriation for operation of a pilot implementation
14 of article 94 of title 13, C.R.S., in the second judicial district.
15 SECTION 9. Effective date - applicability. This act takes effect
16 July 1, 2019, and applies to fees assessed on or after said date.
17 SECTION 10. Safety clause. The general assembly hereby finds,
18 determines, and declares that this act is necessary for the immediate
19 preservation of the public peace, health, and safety.".".
20
21 Page 2 of the committee report, strike line 5 and substitute:
22 "Page 3 of the printed bill, strike lines 3 through 12.".
23
24 Page 2 of the committee report, after line 5 insert:
25 "Page 1 of the printed bill, line 102, strike "GUARDIANSHIP." and
26 substitute "GUARDIANSHIP, AND, IN CONNECTION THEREWITH, MAKING
27 AN APPROPRIATION.".".
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29