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Amendments HB08-1248 House Journal, February 22 11 HB08-1248 be amended as follows, and as so amended, be referred to 12 the Committee of the Whole with favorable 13 recommendation: 14 15 Amend printed bill, page 2, line 12, strike "A NEW SUBSECTION" and 16 substitute "THE FOLLOWING NEW SUBSECTIONS"; 17 18 after line 23, insert the following: 19 20 "(6) (a) NOTWITHSTANDING THE DEFINITION OF JOINT TENANCY 21 SPECIFIED IN SECTION 38-31-100.5, THE INTERESTS IN A JOINT TENANCY 22 MAY BE EQUAL OR UNEQUAL. THE INTERESTS IN A JOINT TENANCY ARE 23 PRESUMED TO BE EQUAL AND SUCH PRESUMPTION IS: 24 25 (I) CONCLUSIVE AS TO ALL PERSONS WHO OBTAIN AN INTEREST IN 26 PROPERTY HELD IN JOINT TENANCY WHEN SUCH PERSONS ARE WITHOUT 27 NOTICE OF UNEQUAL INTERESTS AND HAVE RELIED ON AN INSTRUMENT 28 RECORDED PURSUANT TO SECTION 38-35-109; AND 29 30 (II) REBUTTABLE FOR ALL OTHER PERSONS. 31 32 (b) THIS SUBSECTION (6) DOES NOT BAR CLAIMS FOR EQUITABLE 33 RELIEF AS AMONG JOINT TENANTS, INCLUDING BUT NOT LIMITED TO 34 PARTITION AND ACCOUNTING. 35 36 (c) UPON THE DEATH OF A JOINT TENANT, THE DECEASED JOINT 37 TENANT'S INTEREST IS TERMINATED. IN THE CASE OF ONE SURVIVING JOINT 38 TENANT, HIS OR HER INTEREST IN THE PROPERTY SHALL CONTINUE FREE OF 39 THE DECEASED JOINT TENANT'S INTEREST. IN THE CASE OF TWO OR MORE 40 SURVIVING JOINT TENANTS, THEIR INTERESTS SHALL CONTINUE IN 41 PROPORTION TO THEIR RESPECTIVE INTERESTS AT THE TIME THE JOINT 42 TENANCY WAS CREATED. 43 44 (7) NOTHING IN THIS SECTION SHALL BE DEEMED TO ABROGATE 45 ANY EXISTING COMMON LAW THAT ESTABLISHES OTHER MEANS OF 46 SEVERING A JOINT TENANCY.". 47 48 Senate Journal, March 11 After consideration on the merits, the Committee recommends that HB08-1248 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the Consent Calendar. Amend reengrossed bill, page 1, strike lines 2 and 3. Page 2, strike lines 1 through 10. Renumber succeeding sections accordingly. Page 2, strike line 15 and substitute the following: "(1.5) (a) THE DOCTRINE OF THE FOUR UNITIES OF TIME, TITLE, INTEREST, AND POSSESSION IS CONTINUED AS PART OF THE LAW OF THIS STATE SUBJECT TO SUBSECTIONS (1), (3), AND (4) OF THIS SECTION AND PARAGRAPH (b) OF THIS SUBSECTION (1.5). (b) SUBSECTIONS (1), (3), AND (4) OF THIS SECTION ARE INTENDED AND SHALL BE CONSTRUED TO CLARIFY, SUPPLEMENT, AND, LIMITED TO THEIR EXPRESS TERMS, MODIFY THE DOCTRINE OF THE FOUR UNITIES. (c) FOR PURPOSES OF THIS SUBSECTION (1.5), THE "DOCTRINE OF THE FOUR UNITIES OF TIME, TITLE, INTEREST, AND POSSESSION" MEANS THE COMMON LAW DOCTRINE THAT A JOINT TENANCY IS CREATED BY CONVEYANCE OR DEVISE OF REAL PROPERTY TO TWO OR MORE PERSONS AT THE SAME TIME OF THE SAME TITLE TO THE SAME INTEREST WITH THE SAME RIGHT OF POSSESSION AND INCLUDES THE RIGHT OF SURVIVORSHIP. (5) (a) EXCEPT AS PROVIDED IN SECTIONS 38-35-118 AND 38-41-202 (4),"; strike lines 25 and 26 and substitute the following: "(6) (a) THE INTERESTS IN A JOINT TENANCY". Senate Journal, March 28 HB08-1248 by Representative(s) Kerr J., Fischer, Marshall; also Senator(s) Veiga--Concerning joint tenancy in real property. Amendment No. 1, Business, Labor & Technology Committee Amendment. (Printed in Senate Journal, March 11, pages 531-532 and placed in members' bill files.) Amendment No. 2(L.005), by Senator Veiga. Amend reengrossed bill, page 3, after line 16, insert the following: "(d) ALL JOINT TENANCIES SHALL BE DEEMED TO BE JOINT TENANCIES WITH EQUAL INTERESTS AMONG THE JOINT TENANTS, REGARDLESS OF THE INTENT OF THE JOINT TENANT OR TENANTS, FOR PURPOSES OF ESTABLISHING MEDICAL ASSISTANCE ELIGIBILITY DETERMINING WHETHER OR NOT A TRANSFER IS FOR FAIR CONSIDERATION, OR ANY ESTATE RECOVERY, PURSUANT TO THE MEDICAL ASSISTANCE ACT SPECIFIED IN ARTICLES 4, 5, AND 6 OF TITLE 25.5, C.R.S.". As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. Senate Journal, April 8 HB08-1248 by Representative(s) Kerr J., Fischer, Marshall; also Senator(s) Veiga--Concerning joint tenancy in real property. A majority of those elected to the Senate having voted in the affirmative, Senator Veiga was given permission to offer a Third Reading amendment. Third Reading Amendment No. 1(L.006), by Senator Veiga. Amend revised bill, page 2, line 6, strike "SUBSECTIONS (1), (3), AND (4)" and substitute "SUBSECTIONS (1), (3), (4), (5), (6), AND (7)"; line 8, strike "SUBSECTIONS (1), (3), AND (4)" and substitute "SUBSECTIONS (1), (3), (4), (5), (6), AND (7)". Page 3, strike lines 18 through 24 and substitute the following: "(d) FOR PURPOSES OF THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF TITLE 25.5, C.R.S., A JOINT TENANCY SHALL BE DEEMED TO BE A JOINT TENANCY WITH EQUAL INTERESTS AMONG THE JOINT TENANTS REGARDLESS OF THE LANGUAGE IN THE DEED OR OTHER INSTRUMENT CREATING THE JOINT TENANCY."; line 26, strike "COMMON LAW THAT" and substitute "CASE LAW TO THE EXTENT THAT SUCH CASE LAW". The amendment was declared passed on the following roll call vote: YES 33 37NO 0 EXCUSED 1 ABSENT |