Page 1 February 21, 2024 HB 24-1248 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0589 Rep. Snyder Date: Bill Status: Fiscal Analyst: February 21, 2024 House Judiciary John Armstrong | 303-866-6289 john.armstrong@coleg.gov Bill Topic: NON-TESTAMENTARY ELECTRONIC ESTATE PLANNING DOC UMENTS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill allows estate documents to be in an electronic form and electronically signed. The bill will minimally increase state expenditures beginning in FY 2024-25. Appropriation Summary: No appropriation is required. Fiscal Note Status: The fiscal note reflects the introduced bill, which was recommended by the Colorado Commission on Uniform State Laws. Summary of Legislation The bill implements the “Uniform Electronic Estate Planning Documents Act” (UEEPDA), which allows, but does not require, electronic documents to be used to process estate planning documents and accept electronic signatures. The bill outlines permissible uses and procedures for incorporating electronic documents in estate planning. Background In 2002, Colorado implemented the Uniform Electronic Transactions Act (UETA), which allowed electronic forms and signatures but only applied to business, commercial and governmental matters. Estate planning documents were not included in the UETA. The UEEPDA ensures validity to any interested party for electronic forms and signatures to estate planning documents. State Expenditures The bill will increase workload in trial courts to determine the validity of electronic signatures in some estate planning cases. However, because the bill does not mandate use of electronic documents and courts may still require paper documents, this additional workload is assumed to be minimal; no appropriation is required. Page 2 February 21, 2024 HB 24-1248 Local Government Denver County Courts will have a similar workload change to the state for additional verification of electronic signatures in estate planning documents. This change is assumed to be minimal. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State and Local Government Contacts Judicial The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit the General Assembly website.