1977, January, Pg. 87. Legislative Action Report.

• Author: by Charles R. Roos

6 Colo.Law. 87

Colorado Lawyer

1977.

1977, January, Pg. 87.

Legislative Action Report

87Vol. 6, No. 1, Pg. 87Legislative Action Reportby Charles R. RoosCBA public relations and legislative counsel

Substantial amendments of the Uniform Commercial Code, a score of changes in the Probate Code and two bills from the CBA's Real Estate Section will carry Bar Association endorsement in the 1977 session of the Colorado General Assembly.

Other legislative proposals may be submitted to the Bar Association's Board of Governors for review at the Board's January 29 meeting. But the legislature's growing emphasis on early filing and early hearings tends to discourage late filing of bills.

In addition to legislation developed in CBA sections, the association is cooperating in a continuing legislative study of Colorado's judicial selection and retention procedures---not with any thought of weakening the merit system, but to determine whether or not the system can be improved.

If the 1977 session is like most recent sessions, efforts will probably be made by critics of the selection procedure to return to the old system of partisan election of judges. All such efforts have been smothered since Colorado voters approved the merit system of judicial selection and retention ten years ago.

One of the two bills in 1977 from the CBA's Real Estate Section would clear up a problem for trusts and joint ventures. Under common law, without a statute, trusts and joint ventures cannot hold title to real estate in their own names. Most states have enabling legislation, but Colorado does not, causing title problems for the unwary, according to Section Chairman Willis V. Carpenter.

The other bill would eliminate a problem arising from the "automatic" homestead provision adopted in 1975. The bill would permit the voluntary conveyance or encumbrance of real property solely by the owning spouse unless a declaration of homestead is recorded.

The Probate and Trust Law Section of the CBA is submitting twenty-two amendments to the Uniform Probate Code, adopted in 1973 (with Colorado modifications) and amended in 1975.

Many of the amendments are routine housekeeping provisions, according to Chapman B. Cox, chairman of the Section's statute revision committee. Following are some of the more substantive changes:

---Giving Colorado courts jurisdiction over...