Text of CO SB 150 (2016)

Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0066.03 Debbie Haskins x2045 SENATE BILL 16-150 Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING MARRIAGES BY INDIVIDUALS WHO ARE PARTIES TO A 101 CIVIL UNION, AND, IN CONNECTION THEREWITH, PROHIBITING 102 MARRIAGES IN CIRCUMSTANCES IN WHICH ONE OF THE PARTIES 103 IS ALREADY IN A CIVIL UNION WITH ANOTHER INDIVIDUAL, 104 ADDRESSING THE LEGAL EFFECT OF PARTIES TO A CIVIL UNION 105 MARRYING EACH OTHER, CLARIFYING THE DISSOLUTION 106 PROCESS WHEN PARTIES TO A CIVIL UNION MARRY, AND 107 AMENDING THE BIGAMY STATUTE TO INCLUDE PARTIES TO A 108 CIVIL UNION. 109 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that SENATE SPONSORSHIP Steadman, HOUSE SPONSORSHIP Esgar, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill addresses issues that have arisen in Colorado regarding marriages by individuals who are in a civil union or who entered or who will enter into a civil union after the passage of the bill. The bill amends the statute on prohibited marriages to disallow a marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same 2 parties. The executive director of the department of public health and environment is directed to revise the marriage license application to include questions regarding prior civil unions. The bill states that the "Colorado Civil Union Act" (act) does not affect a marriage legally entered into in another jurisdiction between 2 individuals who are the same sex. The bill states that a civil union license and a civil union certificate do not constitute evidence of the parties' intent to create a common law marriage. Two parties who have entered into a civil union may subsequently enter into a legally recognized marriage with each other by obtaining a marriage license from a county clerk and recorder in the state and by having the marriage solemnized and registered as a marriage with a county clerk and recorder. The bill states that the effect of marrying in that circumstance is to merge the civil union into a marriage by operation of law. A separate dissolution of a civil union is not required when a civil union is merged into a marriage by operation of law. If one or both of the parties to the marriage subsequently desire to dissolve the marriage, legally separate, or have the marriage declared invalid, one or both of the parties must file proceedings in accordance with the procedures specified in the "Uniform Dissolution of Marriage Act". Any dissolution, legal separation, or declaration of invalidity of the marriage must be in accordance with the "Uniform Dissolution of Marriage Act". If a civil union is merged into a marriage by operation of law, any calculation of the duration of the marriage includes the time period during which the parties were in a civil union. The criminal statute on bigamy is amended, effective July 1, 2016, to include a person who, while married, marries, enters into a civil union, or cohabits in the state with another person not his her spouse and to include a person who, while still legally in a civil union, marries, enters into a civil union, or cohabits in the state with another person not his or her civil union partner. Be it enacted by the General Assembly of the State of Colorado: 1 SB16-150 -2- SECTION 1. In Colorado Revised Statutes, 14-2-105, amend (1) 1 introductory portion; and add (1) (b.5) as follows: 2 14-2-105. Marriage license and marriage certificate. (1) The 3 executive director of the department of public health and environment 4 shall prescribe the form for an application for a marriage license, which 5 shall MUST include the following information: 6 (b.5) IF EITHER PARTY HAS PREVIOUSLY BEEN A PARTNER IN A 7 CIVIL UNION AND, IF SO, THE NAME OF THE OTHER PARTNER IN THE CIVIL 8 UNION, WHETHER THE CIVIL UNION WAS MERGED INTO A MARRIAGE BY 9 OPERATION OF LAW PURSUANT TO SECTION 14-15-118.5, OR THE DATE, 10 PLACE, AND COURT IN WHICH THE CIVIL UNION WAS DISSOLVED OR 11 DECLARED INVALID, OR THE DATE AND PLACE OF DEATH OF THE FORMER 12 PARTNER IN THE CIVIL UNION; 13 SECTION 2. In Colorado Revised Statutes, 14-2-110, add (1) 14 (a.5) as follows: 15 14-2-110. Prohibited marriages. (1) The following marriages 16 are prohibited: 17 (a.5) A MARRIAGE ENTERED INTO PRIOR TO THE DISSOLUTION OF 18 AN EARLIER CIVIL UNION OF ONE OF THE PARTIES, EXCEPT A CURRENTLY 19 VALID CIVIL UNION BETWEEN THE SAME TWO PARTIES; 20 SECTION 3. In Colorado Revised Statutes, add 14-10-106.7 as 21 follows: 22 14-10-106.7. Dissolution when parties to a civil union marry 23 - duration of the marriage. (1) PARTIES WHO HAVE ENTERED INTO A 24 CIVIL UNION PURSUANT TO ARTICLE 15 OF THIS TITLE AND WHO 25 SUBSEQUENTLY HAD THEIR CIVIL UNION MERGED INTO A MARRIAGE BY 26 OPERATION OF LAW AS PROVIDED IN SECTION 14-15-118.5 NEED NOT 27 SB16-150 -3- DISSOLVE THEIR CIVIL UNION. IF ONE OR BOTH OF THE PARTIES TO THE 1 MARRIAGE SUBSEQUENTLY DESIRE TO DISSOLVE THE MARRIAGE, LEGALLY 2 SEPARATE, OR HAVE THE MARRIAGE DECLARED INVALID, ONE OR BOTH OF 3 THE PARTIES MUST FILE A PETITION IN ACCORDANCE WITH THE 4 PROCEDURES SPECIFIED IN THIS ARTICLE. 5 (2) IF A CIVIL UNION WAS MERGED INTO A MARRIAGE BY 6 OPERATION OF LAW, ANY CALCULATION OF THE DURATION OF THE 7 MARRIAGE INCLUDES THE TIME PERIOD DURING WHICH THE PARTIES WERE 8 IN A CIVIL UNION. 9 SECTION 4. In Colorado Revised Statutes, 14-10-114, amend 10 (8) (b) as follows: 11 14-10-114. Spousal maintenance - guidelines - legislative 12 declaration - definitions. (8) Definitions. As used in this section, unless 13 the context otherwise requires: 14 (b) "Duration of marriage" means the number of whole months, 15 beginning from the first day of the month following the date of the 16 parties' marriage until the date of decree or the date of the hearing on 17 disposition of property if such hearing precedes the date of the decree. IF 18 A CIVIL UNION WAS MERGED INTO A MARRIAGE BY OPERATION OF LAW AS 19 PROVIDED IN SECTION 14-15-118.5, "DURATION OF MARRIAGE" INCLUDES 20 THE TIME PERIOD DURING WHICH THE PARTIES WERE IN A CIVIL UNION. 21 SECTION 5. In Colorado Revised Statutes, 14-15-109, add (3) 22 as follows: 23 14-15-109. Civil union license and certificate. (3) A CIVIL 24 UNION LICENSE AND A CIVIL UNION CERTIFICATE DO NOT CONSTITUTE 25 EVIDENCE OF THE PARTIES' INTENT TO CREATE A COMMON LAW MARRIAGE. 26 SECTION 6. In Colorado Revised Statutes, 14-15-116, amend 27 SB16-150 -4- (1) as follows: 1 14-15-116. Reciprocity - principle of comity. (1) A relationship 2 between two persons that does not comply with section 31 of article II of 3 the state constitution but that was THIS ARTICLE DOES NOT AFFECT A 4 MARRIAGE legally entered into in another jurisdiction is deemed in 5 Colorado to be a civil union as set forth in this article BETWEEN TWO 6 INDIVIDUALS OF THE SAME SEX. 7 SECTION 7. In Colorado Revised Statutes, add 14-15-118.5 as 8 follows: 9 14-15-118.5. Construction - effect of parties to a civil union 10 marrying - marriage by operation of law - dissolution when parties 11 to a civil union marry - duration of the marriage. (1) PARTIES WHO 12 HAVE ENTERED INTO A CIVIL UNION PURSUANT TO THIS ARTICLE MAY 13 SUBSEQUENTLY ENTER INTO A MARRIAGE WITH EACH OTHER BY 14 OBTAINING A MARRIAGE LICENSE FROM A COUNTY CLERK AND RECORDER 15 IN THE STATE AND BY HAVING THE MARRIAGE SOLEMNIZED AND 16 REGISTERED WITH A COUNTY CLERK AND RECORDER AS PROVIDED BY 17 COLORADO LAW. AFTER THE SOLEMNIZATION OF THE MARRIAGE AND 18 UPON THE REGISTRATION OF THE MARRIAGE CERTIFICATE WITH THE 19 COUNTY CLERK AND RECORDER, THE PARTIES' CIVIL UNION TERMINATES 20 AND IS MERGED INTO THE MARRIAGE BY OPERATION OF LAW AS OF THE 21 DATE OF THE SOLEMNIZATION. 22 (2) PARTIES WHO HAVE ENTERED INTO A CIVIL UNION PURSUANT 23 TO THIS ARTICLE AND WHO SUBSEQUENTLY MARRY AND HAVE THEIR CIVIL 24 UNION MERGED INTO A MARRIAGE BY OPERATION OF LAW AS PROVIDED IN 25 SUBSECTION (1) OF THIS SECTION NEED NOT DISSOLVE THEIR CIVIL UNION. 26 IF ONE OR BOTH OF THE PARTIES TO THE MARRIAGE SUBSEQUENTLY DESIRE 27 SB16-150 -5- TO DISSOLVE THE MARRIAGE, LEGALLY SEPARATE, OR HAVE THE 1 MARRIAGE DECLARED INVALID, ONE OR BOTH OF THE PARTIES MUST FILE 2 A PETITION IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN ARTICLE 3 10 OF THIS TITLE. ANY DISSOLUTION, LEGAL SEPARATION, OR 4 DECLARATION OF INVALIDITY OF THE MARRIAGE MUST BE IN ACCORDANCE 5 WITH THE PROCEDURES SPECIFIED IN ARTICLE 10 OF THIS TITLE. 6 (3) IF A CIVIL UNION WAS MERGED INTO A MARRIAGE BY 7 OPERATION OF LAW, ANY CALCULATION OF THE DURATION OF THE 8 MARRIAGE INCLUDES THE TIME PERIOD DURING WHICH THE PARTIES WERE 9 IN A CIVIL UNION. 10 SECTION 8. In Colorado Revised Statutes, amend 18-6-201 as 11 follows: 12 18-6-201. Bigamy. (1) Any married person who, while still 13 married, marries, ENTERS INTO A CIVIL UNION, or cohabits in this state 14 with another PERSON commits bigamy, unless as an affirmative defense 15 it appears that at the time of the cohabitation, or subsequent marriage, OR 16 SUBSEQUENT CIVIL UNION: 17 (a) The accused reasonably believed the prior spouse to be dead; 18 or 19 (b) The prior spouse had been continually absent for a period of 20 five years during which time the accused did not know the prior spouse 21 to be alive; or 22 (c) The accused reasonably believed that he OR SHE was legally 23 eligible to remarry OR LEGALLY ELIGIBLE TO ENTER INTO A CIVIL UNION. 24 (1.5) ANY PERSON WHO IS A PARTNER IN A CIVIL UNION, WHILE 25 STILL LEGALLY IN A CIVIL UNION, WHO MARRIES, ENTERS INTO ANOTHER 26 CIVIL UNION, OR COHABITS IN THE STATE WITH ANOTHER PERSON OTHER 27 SB16-150 -6- THAN A CURRENT PARTNER IN A CIVIL UNION, COMMITS BIGAMY, UNLESS 1 AS AN AFFIRMATIVE DEFENSE IT APPEARS THAT AT THE TIME OF THE 2 COHABITATION OR SUBSEQUENT MARRIAGE OR SUBSEQUENT CIVIL UNION: 3 (a) THE ACCUSED REASONABLY BELIEVED THE PRIOR PARTNER TO 4 BE DEAD; OR 5 (b) THE PRIOR PARTNER HAD BEEN CONTINUALLY ABSENT FOR A 6 PERIOD OF FIVE YEARS DURING WHICH TIME THE ACCUSED DID NOT KNOW 7 THE PRIOR PARTNER TO BE ALIVE; OR 8 (c) THE ACCUSED REASONABLY BELIEVED THAT HE OR SHE WAS 9 LEGALLY ELIGIBLE TO MARRY OR LEGALLY ELIGIBLE TO ENTER INTO A 10 CIVIL UNION. 11 (2) Bigamy is a class 6 felony. 12 SECTION 9. Effective date - applicability. This act takes effect 13 upon passage; except that section 8 of this act takes effect July 1, 2016, 14 and applies to offenses committed on or after said date. 15 SECTION 10. Safety clause. The general assembly hereby finds, 16 determines, and declares that this act is necessary for the immediate 17 preservation of the public peace, health, and safety. 18 SB16-150 -7-

SENATE BILL 16-150 BY SENATOR(S) Steadman, Aguilar, Carroll, Crowder, Donovan, Garcia, Guzman, Heath, Hill, Hodge, Jahn, Johnston, Jones, Kefalas, Kerr, Martinez Humenik, Merrifield, Newell, Roberts, Todd; also REPRESENTATIVE(S) Esgar, Arndt, Becker K., Buckner, Court, Danielson, Fields, Garnett, Ginal, Hamner, Kagan, Kraft-Tharp, Lebsock, Lee, Lontine, Mccann, Melton, Mitsch Bush, Moreno, Pabon, Pettersen, Primavera, Rosenthal, Ryden, Salazar, Tyler, Vigil, Williams, Winter, Young, Hullinghorst. CONCERNING MARRIAGES BY INDIVIDUALS WHO ARE PARTIES TO A CML UNION, AND, IN CONNECTION THEREWITH, PROHIBITING MARRIAGES IN CIRCUMSTANCES IN WHICH ONE OF THE PARTIES IS ALREADY IN A CIVIL UNION WITH ANOTIIER INDIVIDUAL, ADDRESSING THE LEGAL EFFECT OF PARTIES TO A CIVIL UNION MARRYING EACH OTHER, CLARIFYING THE DISSOLUTION PROCESS WHEN PARTIES TO A CIVIL UNION MARRY, AND AMENDING THE BIGAMY STATUTE TO INCLUDE PARTIES TO A CIVIL UNION. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds a legal conflict between the Colorado constitution and the manner in which the decision in Obergefel/ v. Hodges, 576 U.S._ (2015), has altered Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. the issuance of marriage licenses in Colorado. (2) The people, through a citizen's initiative, established in the Colorado constitution a specific definition of marriage where that legal relationship is exclusively reserved for a relationship between one man and one woman. However, in the five to four Obergefell decision, the United States supreme court nullified a similar constitutional definition of marriage in Ohio for James Obergefell and other petitioners. (3) As a consequence of the Obergefell decision, Colorado county clerks and recorders began issuing marriage licenses to couples who also held civil union licenses. Now couples who hold both civil union and marriage licenses face a more complicated legal process if they wish to dissolve their legal relationships. ( 4) Senate Bill 16-150 is intended to remedy the complicated legal process of dissolving a civil union and a marriage for the same couple. The ultimate constitutional question of the United States supreme court's constitutional jurisdiction and authority to redefine marriage in Colorado's constitution through a ruling on certain individual cases in other states is a matter the general assembly may take up at a different time, but Senate Bill 16-150 does not address, nor settle that concern. SECTION 2. In Colorado Revised Statutes, 14-2-105, amend (1) introductory portion; and add (1) (b.5) as follows: 14-2-105. Marriage license and marriage certificate. (1) The executive director of the department of public health and environment shall prescribe the form for an application for a marriage license, which shalt MUST include the following information: (b.5) IF EITHER PARTY HAS PREVIOUSLY BEEN A PARTNER IN A CIVIL UNION AND, IF SO, THE NAME OF THE OTHER PARTNER IN THE CIVIL UNION, OR THE DATE, PLACE, AND COURT IN WHICH THE CIVIL UNION WAS DISSOLVED OR DECLARED INVALID, OR THE DA TE AND PLACE OF DEA TH OF THE FORMER PARTNER IN 11IE CIVIL UNION; SECTION3. In Colorado Revised Statutes, 14-2-110, add (l)(a.5) as follows: PAGE 2-SENATE BILL 16-150 14-2-110. Prohibited marriages. (I) The following marriages are prohibited: ( a.5) A MARRIAGE ENTERED INTO PRIOR TO THE DISSOLUTION OF AN EARLIER CIVIL UNION OF ONE OF THE PAR TIES, EXCEPT A CURRENTLY VALID CIVIL UNION BETWEEN THE SAME TWO PARTIES; SECTION 4. In Colorado Revised Statutes, 14-15-109, add (3) as follows: 14-15-109. Civil union license and certificate. (3) A CIVIL UNION LICENSE AND A CIVIL UNION CERTIFICATE DO NOT CONSTITUTE EVIDENCE OF THE PARTIES' INTENT TO CREATE A COMMON LAW MARRIAGE. SECTIONS. In Colorado Revised Statutes, repeal 14-15-116 (1). SECTION 6. In Colorado Revised Statutes, add 14-15-118.5 as follows: 14-15-118.S. Construction - effect when parties to a civil union marry - dissolution process. (1) WHEN PARTIES WHO HA VE ENTERED INTO A CIVIL UNION PURSUANT TO THJS ARTICLE SUBSEQUENTLY MARRY THE EFFECT IS A MERGER OF THE TWO RELATIONSHIP STATUSES. ONCE MERGED, THE CIVIL UNION TERMINATES AS OF THE DA TE OF THE SOLEMNIZATION OF THE MARRIAGE ORDETERMINA TION OF A COMMON LAW MARRIAGE AND NO SEP ARA TE DISSOLUTION OF TIIE CIVIL UNION IS REQUIRED. (2) IF ONE OR BOTH PARTIES TO A MARRIAGE THAT HAS BEEN MERGED WITII A CIVIL UNION SUBSEQUENTLY DESIRE TO DISSOLVE THE MARRIAGE, LEGALLY SEPARATE, OR HAVE THE MARRIAGE DECLARED INVALID, ONE OR BOTH OF THE PARTIES MUST FILE A PETITION IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN ARTICLE 10 OF THIS TITLE. (3) IF A CIVIL UNION AND MARRIAGE WERE MERGED, ANY CALCULATION OF THE DURATION OF THE MARRIAGE INCLUDES THE TIME PERIOD DURING WHICH THE PARTIES WERE IN A CIVIL UNION. SECTION 7. In Colorado Revised Statutes, amend 18-6-201 as follows: PAGE 3-SENATE BILL 16-150 18-6-201. Bigamy. (1) Any married person who, while still married, marries, ENTERS INTO A CIVIL UNION, or cohabits in this state with another PERSON commits bigamy, unless as an affirmative defense it appears that at the time of the cohabitation, or subsequent marriage, OR SUBSEQUENT CIVIL UNION: (a) The accused reasonably believed the prior spouse to be dead; or (b) The prior spouse had been continually absent for a period of five years during which time the accused did not know the prior spouse to be alive; or (c) The accused reasonably believed that he OR SHE was legally eligible to remarry OR LEGALL y ELIGIBLE TO ENTER INTO A CIVIL UNION. ( 1.5) ANY PERSON WHO IS AP ARTNER IN A CIVIL UNION, WHILE STILL LEGALLY IN A CIVIL UNION, WHO MARRIES, ENTERS INTO ANOTHER CIVIL UNION, OR COHABITS IN THE STA TE WITH ANOTHER PERSON OTHER THAN A CURRENT PAR1NER IN A CIVIL UNION, COMMITS BIGAMY, UNLESS AS AN AFFIRMATIVE DEFENSE IT APPEARS TIIAT AT THE TIME OF THE COHABITATION OR SUBSEQUENT MARRIAGE OR SUBSEQUENT CIVIL UNION: (a) THE ACCUSED REASONABLY BELIEVED TIIE PRIOR PARlNER TO BE DEAD; OR (b) THE PRIOR PARTNER HAD BEEN CONTINUALLY ABSENT FOR A PERIOD OF FIVE YEARS DURING WHICH TIME THE ACCUSED DID NOT KNOW THE PRIOR PARTNER TO BE ALIVE; OR ( c) THE ACCUSED REASONABLY BELIEVED THAT HE OR SHE WAS LEGALLY ELIGIBLE TO MARRY OR LEGALLY ELIGIBLE TO ENTER INTO A CIVIL UNION. (2) Bigamy is a class 6 felony. SECTION 8. Effective date - applicability. This act takes effect upon passage; except that section 7 of this act takes effect July 1, 2016, and applies to offenses committed on or after said date. SECTION 9. Safety clause. The general assembly hereby finds, PAGE 4-SENATE BILL 16-150 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ;Jijz~ Bill L. Cadman PRESIDENT OF THE SENATE Effie Ameen SECRETARY OF THE SENATE PAGE 5-SENATE BILL 16-150 ~ o·k LV H 11· h ic ey ee u mg orst SPEAKER OF THE HOUSE OF REPRESENTATIVES ~u~ Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES ..,