Text of CO SB 2 (2012)

Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0036.02 Debbie Haskins x2045 SENATE BILL 12-002 Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING AUTHORIZATION OF CIVIL UNIONS. 101 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 applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill creates the "Colorado Civil Union Act" (Act) to authorize any 2 unmarried adults, regardless of gender, to enter into a civil union. Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. Certain persons may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation SENATE SPONSORSHIP Steadman, Guzman HOUSE SPONSORSHIP (None), 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. or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth in the bill. The executive director of the department of public health and environment and the state registrar of vital statistics shall issue forms necessary to implement the Act. Each county clerk and recorder submits records of registered civil unions to the office of vital statistics. A county clerk and recorder collects a fee for a civil union license, which fee is credited to the vital statistics records cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee for verification of civil unions, which fee is credited to the vital statistics records cash fund. A county clerk and recorder collects a $20 fee to be credited to the Colorado domestic abuse program fund. The legal benefits, protections, and responsibilities that are granted under the law to spouses apply in like manner to parties to a civil union, including the following: ! Responsibility for financial support of a party to a civil union; ! Rights and abilities concerning transfer of real or personal property to a party in a civil union; ! The ability to file a claim based on wrongful death, emotional distress, loss of consortium, dramshop, or other laws, whether common law or statutory, related to or dependent upon spousal status; ! Prohibitions against discrimination based upon spousal status; ! The ability to inherit real and personal property from a party in a civil union under the probate code; ! Priority for appointment as a conservator, guardian, or personal representative; ! Survivor benefits under and inclusion in workers' compensation laws; ! The ability to adopt a child of a party to a civil union; ! The ability to insure a party to a civil union under group benefit plans for state employees; ! The ability to designate a party in a civil union as a beneficiary under the state public employees retirement system; ! Survivor benefits under local government firefighter and police pensions; ! Protections and coverage under domestic abuse and domestic violence laws; ! Rights and protections under victims' compensation laws and victims and witness protection laws; ! Laws, policies, or procedures relating to emergency and SB12-002 -2- nonemergency medical care and treatment and hospital visitation; ! Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or in a facility providing mental health treatment; ! The ability to file a complaint about the care or treatment of a party in a civil union in a nursing home; ! Rights relating to declarations concerning the administration, withholding, or withdrawing of medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or directives concerning medical orders for scope of treatment forms with respect to a party to a civil union; ! Rights concerning the disposition of the last remains of a party to a civil union; ! The right to make decisions regarding anatomical gifts; ! Eligibility for family leave benefits; ! Eligibility for public assistance benefits; ! A privilege from providing compelled testimony against a party in a civil union and evidentiary privileges for parties to a civil union; ! The right to apply for emergency or involuntary commitment of a party to a civil union; ! The right to claim a homestead exemption; ! The ability to protect exempt property from attachment, execution, or garnishment; ! Dependent coverage under life insurance; and ! Dependent coverage under health insurance policies; except that this provision is effective for plans issued, delivered, or renewed on or after January 1, 2013. The same processes that are provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply to dissolution, legal separation, and declaration of invalidity of a civil union. Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in the state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in another state. The courts are authorized to collect docket fees for the dissolution of a civil union, legal separation of a civil union, and declaration of invalidity of a civil union. The Act shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage. SB12-002 -3- Notwithstanding any provision of law to the contrary, the Act shall not be interpreted to require a child placement agency to place a child for adoption with parties to a civil union. The Act includes a reciprocity and principle of comity section that states that a relationship between persons of the same sex that does not comply with section 31 of article II of the state constitution that is legally entered into in another jurisdiction is deemed in Colorado to be a civil union and that, under principles of comity, a civil union, domestic partnership, or a substantially similar legal relationship that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law. A severability clause is included in the Act. The executive director of the department of revenue is authorized to appoint a study commission to investigate and report on what changes in the law could be made to ensure equitable tax treatment and to allow parties to a civil union to file a joint state tax return without violating the federal tax laws. Until a statutory change is enacted to authorize the filing of a joint state tax return by parties to a civil union, the Act shall not be construed to permit the filing of a joint income tax return by the parties to a civil union. A custodian of records is prohibited from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a civil union license of any person; except that a district court may order the custodian to permit inspection of the license application for a civil union upon a showing of good cause. A person who has entered into a designated beneficiary agreement under Colorado's designated beneficiary statute is precluded from entering into a civil union with a different person. If both parties to a designated beneficiary agreement are eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union certificate constitutes a superseding legal document that supersedes and invalidates the prior designated beneficiary agreement. The bill makes other conforming amendments. The bill takes effect October 1, 2012; except that the provision relating to the inclusion of a partner in a civil union as a dependent on a health insurance policy takes effect January 1, 2013. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Legislative declaration. The general assembly 2 declares that the public policy of this state, as set forth in section 31 of 3 article II of the state constitution, recognizes only the union of one man 4 SB12-002 -4- and one woman as a marriage. The general assembly declares that the 1 purpose of the "Colorado Civil Union Act", article 15 of title 14, 2 Colorado Revised Statutes, is to provide eligible couples the opportunity 3 to obtain the benefits, protections, and responsibilities afforded by 4 Colorado law to spouses consistent with the principles of equality under 5 law and religious freedom embodied in both the United States 6 constitution and the constitution of this state. The general assembly 7 further finds that the general assembly, in the exercise of its plenary 8 power, has the authority to define other arrangements, such as a civil 9 union between two unmarried persons regardless of their gender, and to 10 set forth in statute any state-level benefits, rights, and protections to 11 which a couple is entitled by virtue of entering into a civil union. The 12 general assembly finds that the "Colorado Civil Union Act" does not alter 13 the public policy of this state, which recognizes only the union of one 14 man and one woman as a marriage. The general assembly also declares 15 that a second purpose in enacting the "Colorado Civil Union Act" is to 16 state that Colorado courts may offer same-sex couples the equal 17 protection of the law and to give full faith and credit to recognize 18 relationships legally created in other jurisdictions that are similar to civil 19 unions created by this Act and that are not otherwise recognized pursuant 20 to Colorado law. 21 SECTION 2. In Colorado Revised Statutes, add article 15 to title 22 14 as follows: 23 ARTICLE 15 24 Colorado Civil Union Act 25 14-15-101. Short title. THIS ARTICLE IS KNOWN AS THE 26 "COLORADO CIVIL UNION ACT". 27 SB12-002 -5- 14-15-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE 1 CONTEXT OTHERWISE REQUIRES: 2 (1) "CIVIL UNION" MEANS A RELATIONSHIP ESTABLISHED BY TWO 3 ELIGIBLE PERSONS PURSUANT TO THIS ARTICLE THAT ENTITLES THEM TO 4 RECEIVE THE BENEFITS AND PROTECTIONS AND BE SUBJECT TO THE 5 RESPONSIBILITIES OF SPOUSES. 6 (2) "CIVIL UNION CERTIFICATE" MEANS A DOCUMENT THAT 7 CERTIFIES THAT THE PERSONS NAMED IN THE CERTIFICATE HAVE 8 ESTABLISHED A CIVIL UNION IN THIS STATE IN COMPLIANCE WITH THIS 9 ARTICLE. 10 (3) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH 11 AND ENVIRONMENT. 12 (4) "MARRIAGE" MEANS THE LEGALLY RECOGNIZED UNION OF ONE 13 MAN AND ONE WOMAN. 14 (5) "PARTY TO A CIVIL UNION" OR "PARTNER IN A CIVIL UNION" 15 MEANS A PERSON WHO HAS ESTABLISHED A CIVIL UNION PURSUANT TO 16 THIS ARTICLE. 17 (6) "SPOUSES" MEANS TWO PERSONS WHO ARE MARRIED PURSUANT 18 TO THE PROVISIONS OF THE "UNIFORM MARRIAGE ACT", PART 1 OF 19 ARTICLE 2 OF THIS TITLE. 20 (7) "STATE REGISTRAR" MEANS THE STATE REGISTRAR OF VITAL 21 STATISTICS IN THE DEPARTMENT. 22 14-15-103. Requisites of a valid civil union. (1) TO ESTABLISH 23 A CIVIL UNION IN COLORADO, THE TWO PARTIES TO THE CIVIL UNION SHALL 24 SATISFY ALL OF THE FOLLOWING CRITERIA: 25 (a) BOTH PARTIES ARE ADULTS, REGARDLESS OF THE GENDER OF 26 EITHER PARTY; 27 SB12-002 -6- (b) NEITHER PARTY IS A PARTY TO ANOTHER CIVIL UNION; 1 (c) NEITHER PARTY IS MARRIED TO ANOTHER PERSON. 2 14-15-104. Individual shall not enter into a civil union with a 3 relative. (1) AN INDIVIDUAL SHALL NOT ENTER INTO A CIVIL UNION WITH 4 AN ANCESTOR OR A DESCENDANT OR WITH A BROTHER OR A SISTER, 5 WHETHER THE RELATIONSHIP IS BY THE HALF OR THE WHOLE BLOOD. 6 (2) AN INDIVIDUAL SHALL NOT ENTER INTO A CIVIL UNION WITH AN 7 UNCLE OR AUNT OR WITH A NIECE OR NEPHEW, WHETHER THE 8 RELATIONSHIP IS BY THE HALF OR THE WHOLE BLOOD. 9 (3) A CIVIL UNION BETWEEN PERSONS PROHIBITED FROM ENTERING 10 INTO A CIVIL UNION BY SUBSECTION (1) OR (2) OF THIS SECTION IS VOID. 11 14-15-105. Restrictions as to minors and wards. (1) A COUNTY 12 CLERK AND RECORDER SHALL NOT ISSUE A CIVIL UNION LICENSE IF EITHER 13 PARTY TO THE INTENDED CIVIL UNION IS: 14 (a) UNDER EIGHTEEN YEARS OF AGE; OR 15 (b) EIGHTEEN YEARS OF AGE OR OLDER AND UNDER 16 GUARDIANSHIP, UNLESS THE PARTY UNDER GUARDIANSHIP HAS THE 17 WRITTEN CONSENT OF HIS OR HER GUARDIAN. 18 (2) A VIOLATION OF SUBSECTION (1) OF THIS SECTION MAKES THE 19 CIVIL UNION VOID. 20 14-15-106. Benefits, protections, and responsibilities of parties 21 to a civil union. (1) A PARTY TO A CIVIL UNION HAS THE BENEFITS, 22 PROTECTIONS, AND RESPONSIBILITIES UNDER LAW AS ARE GRANTED TO 23 SPOUSES, WHETHER THOSE BENEFITS, PROTECTIONS, AND RESPONSIBILITIES 24 DERIVE FROM STATUTE, ADMINISTRATIVE OR COURT RULE, POLICY, 25 COMMON LAW, OR ANY OTHER SOURCE OF CIVIL LAW. 26 (2) A PARTY TO A CIVIL UNION IS INCLUDED IN ANY DEFINITION OR 27 SB12-002 -7- USE OF THE TERMS "DEPENDENT", "FAMILY", "IMMEDIATE FAMILY", "NEXT 1 OF KIN", AND ANY OTHER TERM THAT DENOTES THE FAMILIAL OR SPOUSAL 2 RELATIONSHIP, AS THOSE TERMS ARE USED THROUGHOUT THE COLORADO 3 REVISED STATUTES. 4 (3) PARTIES TO A CIVIL UNION ARE RESPONSIBLE FOR THE 5 FINANCIAL SUPPORT OF ONE ANOTHER IN THE MANNER PRESCRIBED UNDER 6 LAW FOR SPOUSES. 7 (4) THE LAW OF DOMESTIC RELATIONS, INCLUDING BUT NOT 8 LIMITED TO DECLARATION OF INVALIDITY, LEGAL SEPARATION, 9 DISSOLUTION, CHILD CUSTODY, ALLOCATION OF PARENTAL 10 RESPONSIBILITIES, PARENTING TIME, CHILD SUPPORT, PROPERTY DIVISION, 11 AND MAINTENANCE, APPLIES TO CIVIL UNIONS. 12 (5) LEGAL BENEFITS, PROTECTIONS, AND RESPONSIBILITIES OF 13 SPOUSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING, APPLY IN LIKE 14 MANNER TO PARTIES TO A CIVIL UNION: 15 (a) LAWS RELATING TO TITLE, TENURE, DESCENT AND 16 DISTRIBUTION, INTESTATE SUCCESSION, WAIVER OF WILL, SURVIVORSHIP, 17 OR OTHER INCIDENTS OF THE ACQUISITION, OWNERSHIP, OR TRANSFER, 18 INTER VIVOS OR AT DEATH, OF REAL OR PERSONAL PROPERTY, INCLUDING 19 ELIGIBILITY TO HOLD REAL AND PERSONAL PROPERTY AS JOINT TENANTS 20 WITH RIGHT OF SURVIVORSHIP OR AS TENANTS IN COMMON; 21 (b) CAUSES OF ACTION RELATED TO OR DEPENDENT UPON SPOUSAL 22 STATUS, INCLUDING AN ACTION BASED ON WRONGFUL DEATH, EMOTIONAL 23 DISTRESS, LOSS OF CONSORTIUM, DRAMSHOP LAWS, OR OTHER TORTS OR 24 ACTIONS UNDER CONTRACTS RECITING, RELATED TO, OR DEPENDENT UPON 25 SPOUSAL STATUS; 26 (c) PROHIBITIONS AGAINST DISCRIMINATION BASED UPON SPOUSAL 27 SB12-002 -8- STATUS; 1 (d) PROBATE LAW AND PROCEDURE, INCLUDING NONPROBATE 2 TRANSFERS AND PRIORITY FOR APPOINTMENT AS A CONSERVATOR, 3 GUARDIAN, OR PERSONAL REPRESENTATIVE; 4 (e) WORKERS' COMPENSATION BENEFITS; 5 (f) ADOPTION LAW AND PROCEDURE; 6 (g) GROUP BENEFIT PLANS FOR STATE EMPLOYEES PURSUANT TO 7 PART 6 OF ARTICLE 50 OF TITLE 24, C.R.S.; 8 (h) THE RIGHT TO DESIGNATE A PARTY TO A CIVIL UNION AS A 9 BENEFICIARY UNDER THE STATE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; 10 (i) SURVIVOR BENEFITS UNDER LOCAL GOVERNMENT FIREFIGHTER 11 AND POLICE PENSIONS; 12 (j) DOMESTIC ABUSE PROGRAMS PURSUANT TO ARTICLE 7.5 OF 13 TITLE 26, C.R.S., EMERGENCY PROTECTION ORDERS PURSUANT TO SECTION 14 13-14-103, C.R.S., AND THE RIGHT TO RECEIVE THE PROTECTIONS AND 15 PROGRAMS SPECIFIED IN PART 8 OF ARTICLE 6 OF TITLE 18, C.R.S.; 16 (k) RIGHTS TO APPLY FOR COMPENSATION AS A RELATIVE OF A 17 VICTIM UNDER THE "COLORADO CRIME VICTIM COMPENSATION ACT", 18 PURSUANT TO PART 1 OF ARTICLE 4.1 OF TITLE 24, C.R.S., RIGHTS TO 19 RECEIVE RESTITUTION UNDER PART 2 OF ARTICLE 4.1 OF TITLE 24, C.R.S., 20 AND THE RIGHT TO BE INFORMED OF CRITICAL STAGES OF THE CRIMINAL 21 JUSTICE PROCESS AND TO BE ACCORDED THE RIGHTS AND PROTECTIONS OF 22 VICTIMS OF AND WITNESSES TO CRIMES UNDER PARTS 2 AND 3 OF ARTICLE 23 4.1 OF TITLE 24, C.R.S.; 24 (l) LAWS, POLICIES, OR PROCEDURES RELATING TO EMERGENCY 25 AND NONEMERGENCY MEDICAL CARE AND TREATMENT AND HOSPITAL 26 VISITATION AND NOTIFICATION, INCLUDING THE RIGHTS OF NURSING HOME 27 SB12-002 -9- PATIENTS DESCRIBED IN SECTION 25-1-120, C.R.S.; 1 (m) LAWS OR RULES REGARDING THE RIGHT TO VISIT A PARTNER 2 WHO IS IN A CORRECTIONAL FACILITY, AS DEFINED IN SECTION 17-1-102 3 (1.7), C.R.S., A LOCAL JAIL, AS DEFINED IN SECTION 17-1-102 (7), C.R.S., 4 OR A PRIVATE CONTRACT PRISON, AS DEFINED IN SECTION 17-1-102 (7.3), 5 C.R.S., OR WHO IS RECEIVING TREATMENT IN A PUBLIC HOSPITAL OR A 6 LICENSED PRIVATE HOSPITAL, CLINIC, COMMUNITY MENTAL HEALTH 7 CENTER OR CLINIC, OR ACUTE TREATMENT UNIT OR INSTITUTION THAT 8 PROVIDES TREATMENT FOR A PERSON WITH A MENTAL ILLNESS; 9 (n) LAWS RELATING TO: 10 (I) DECLARATIONS CONCERNING THE ADMINISTRATION, 11 WITHHOLDING, OR WITHDRAWING OF MEDICAL TREATMENT, WHICH 12 DECLARATIONS ARE MADE PURSUANT TO THE PROVISIONS OF THE 13 "COLORADO MEDICAL TREATMENT DECISION ACT", ARTICLE 18 OF TITLE 14 15, C.R.S.; 15 (II) PROXY DECISION-MAKERS FOR MEDICAL TREATMENT AND 16 SURROGATE DECISION-MAKERS FOR HEALTH CARE BENEFIT DECISIONS, AS 17 DESCRIBED IN ARTICLE 18.5 OF TITLE 15, C.R.S.; 18 (III) DIRECTIVES RELATING TO CARDIOPULMONARY 19 RESUSCITATION, AS DESCRIBED IN ARTICLE 18.6 OF TITLE 15, C.R.S.; AND 20 (IV) DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF 21 TREATMENT FORMS, AS DESCRIBED IN ARTICLE 18.7 OF TITLE 15, C.R.S.; 22 (o) RIGHTS CONCERNING DIRECTION OF THE DISPOSITION OF THE 23 LAST REMAINS OF A DECEASED PARTY TO A CIVIL UNION PURSUANT TO 24 ARTICLE 19 OF TITLE 15, C.R.S.; 25 (p) LAWS RELATING TO MAKING, REVOKING, AND OBJECTING TO 26 ANATOMICAL GIFTS BY OTHERS PURSUANT TO THE "REVISED UNIFORM 27 SB12-002 -10- ANATOMICAL GIFT ACT", PART 1 OF ARTICLE 34 OF TITLE 12, C.R.S.; 1 (q) FAMILY LEAVE BENEFITS; 2 (r) PUBLIC ASSISTANCE BENEFITS PURSUANT TO STATE LAW; 3 (s) LAWS RELATING TO IMMUNITY FROM COMPELLED TESTIMONY 4 AND EVIDENTIARY PRIVILEGES PURSUANT TO SECTION 13-90-107, C.R.S.; 5 (t) THE RIGHT TO APPLY FOR EMERGENCY OR INVOLUNTARY 6 COMMITMENT OF A PARTY TO A CIVIL UNION; 7 (u) THE HOMESTEAD RIGHTS OF A SURVIVING SPOUSE PURSUANT 8 TO PART 2 OF ARTICLE 41 OF TITLE 38, C.R.S.; 9 (v) THE ABILITY TO PROTECT EXEMPT PROPERTY FROM 10 ATTACHMENT, EXECUTION, OR GARNISHMENT; 11 (w) INSURANCE POLICIES FOR LIFE INSURANCE, INCLUDING THE 12 ABILITY TO COVER A PARTY TO A CIVIL UNION AS A DEPENDENT; AND 13 (x) (I) INSURANCE COVERAGE PROVIDED BY A HEALTH COVERAGE 14 PLAN, INCLUDING THE ABILITY TO COVER A PARTY TO A CIVIL UNION AS A 15 DEPENDENT. 16 (II) THIS PARAGRAPH (x) IS EFFECTIVE FOR PLANS ISSUED, 17 DELIVERED, OR RENEWED ON OR AFTER JANUARY 1, 2013. 18 (6) THE RESPONSIBILITIES AND RIGHTS OF PARTIES TO A CIVIL 19 UNION WITH RESPECT TO THE BIOLOGICAL CHILD OF ONE OF THE PARTIES, 20 WHICH CHILD IS CONCEIVED DURING THE TERM OF THE CIVIL UNION, ARE 21 DETERMINED AS IF THE PARTIES WERE SPOUSES SUBJECT TO THE 22 PROVISIONS OF SECTION 19-4-105, C.R.S. A PARTY TO A CIVIL UNION HAS 23 THE RIGHT TO ADOPT THROUGH THE SAME PROCESS OUTLINED FOR A 24 STEPPARENT ADOPTION IN ACCORDANCE WITH SECTION 19-5-203, C.R.S., 25 IF THE CHILD OF THE OTHER PARTY TO THE CIVIL UNION IS OTHERWISE 26 AVAILABLE FOR ADOPTION PURSUANT TO SECTION 19-5-203 (1) (d), C.R.S. 27 SB12-002 -11- 14-15-107. Modification of civil union terms. PARTIES TO A 1 CIVIL UNION MAY CREATE AGREEMENTS MODIFYING THE TERMS, 2 CONDITIONS, OR EFFECTS OF A CIVIL UNION IN THE MANNER SPECIFIED IN 3 PART 3 OF ARTICLE 2 OF THIS TITLE, SETTING FORTH PARTICULAR 4 UNDERSTANDINGS WITH RESPECT TO THEIR CIVIL UNION; EXCEPT THAT THE 5 AGREEMENT MAY NOT CONFLICT WITH ANY PROVISIONS OF THIS ARTICLE. 6 14-15-108. Dissolution, legal separation, and declaration of 7 invalidity of civil unions - jurisdiction - venue. (1) ANY PERSON WHO 8 ENTERS INTO A CIVIL UNION IN COLORADO CONSENTS TO THE JURISDICTION 9 OF THE COURTS OF COLORADO FOR THE PURPOSE OF ANY ACTION 10 RELATING TO A CIVIL UNION EVEN IF ONE OR BOTH PARTIES CEASE TO 11 RESIDE IN THIS STATE. 12 (2) THE DISTRICT COURT HAS JURISDICTION OVER ALL 13 PROCEEDINGS RELATING TO THE DISSOLUTION OF A CIVIL UNION, LEGAL 14 SEPARATION OF A CIVIL UNION, OR THE DECLARATION OF INVALIDITY OF A 15 CIVIL UNION, REGARDLESS OF THE JURISDICTION WHERE THE CIVIL UNION 16 WAS ENTERED INTO. THE COURT SHALL FOLLOW THE PROCEDURES 17 SPECIFIED IN ARTICLE 10 OF THIS TITLE, INCLUDING THE SAME DOMICILE 18 REQUIREMENTS FOR A DISSOLUTION, LEGAL SEPARATION, OR DECLARATION 19 OF INVALIDITY FOR SUCH PROCEEDINGS. 20 (3) A PROCEEDING RELATING TO THE DISSOLUTION OF A CIVIL 21 UNION, LEGAL SEPARATION OF A CIVIL UNION, OR THE DECLARATION OF 22 INVALIDITY OF A CIVIL UNION MAY BE HELD IN THE COUNTY WHERE THE 23 PETITIONER OR RESPONDENT RESIDES OR WHERE THE PARTIES' CIVIL UNION 24 CERTIFICATE WAS ISSUED; EXCEPT THAT PROCESS MAY BE DIRECTED TO 25 ANY COUNTY IN THE STATE. A RESPONDENT'S OBJECTION TO VENUE IS 26 WAIVED IF NOT MADE WITHIN SUCH TIME AS THE RESPONDENT'S RESPONSE 27 SB12-002 -12- IS DUE. 1 14-15-109. Civil union license and certificate. (1) THE 2 EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL PRESCRIBE THE FORM 3 FOR AN APPLICATION FOR A CIVIL UNION LICENSE, CONSISTING OF, AT A 4 MINIMUM, THE FOLLOWING INFORMATION: 5 (a) NAME, SEX, ADDRESS, SOCIAL SECURITY NUMBER, AND DATE 6 AND PLACE OF BIRTH OF EACH PARTY TO THE PROPOSED CIVIL UNION. FOR 7 SUCH PURPOSE, PROOF OF DATE OF BIRTH MAY BE OBTAINED FROM A BIRTH 8 CERTIFICATE, A DRIVER'S LICENSE, OR OTHER COMPARABLE EVIDENCE. 9 (b) IF EITHER PARTY HAS PREVIOUSLY BEEN MARRIED OR HAS 10 PREVIOUSLY BEEN A PARTY TO A CIVIL UNION, THE NAME OF THE SPOUSE 11 OR THE NAME OF THE OTHER PARTY AND THE DATE, PLACE, AND COURT IN 12 WHICH THE MARRIAGE OR CIVIL UNION WAS DISSOLVED OR DECLARED 13 INVALID OR THE DATE AND PLACE OF DEATH OF THE DECEASED SPOUSE OR 14 THE DECEASED PARTY TO A CIVIL UNION; 15 (c) NAME AND ADDRESS OF THE PARENTS OR GUARDIAN OF EACH 16 PARTY; 17 (d) WHETHER THE PARTIES ARE RELATED TO EACH OTHER AND, IF 18 SO, THEIR RELATIONSHIP. 19 (2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL 20 PRESCRIBE THE FORMS FOR THE CIVIL UNION LICENSE AND THE CIVIL UNION 21 CERTIFICATE. THE DEPARTMENT SHALL PROVIDE THE FORMS TO THE 22 COUNTY CLERKS AND RECORDERS IN THE STATE. 23 14-15-110. Issuance of a civil union license - certification - fee. 24 (1) WHEN BOTH PARTIES TO A PROPOSED CIVIL UNION COMPLETE A CIVIL 25 UNION APPLICATION AND AT LEAST ONE PARTY APPEARS BEFORE THE 26 COUNTY CLERK AND RECORDER AND PAYS TO THE CLERK AND RECORDER 27 SB12-002 -13- THE CIVIL UNION LICENSE FEE AND OTHER FEES DESCRIBED IN SUBSECTION 1 (2) OF THIS SECTION, AND THE COUNTY CLERK AND RECORDER 2 DETERMINES THAT THE PARTIES MEET THE CRITERIA SPECIFIED IN 3 SECTIONS 14-15-103, 14-15-104, AND 14-15-105, THE COUNTY CLERK AND 4 RECORDER SHALL ISSUE A CIVIL UNION LICENSE AND A CIVIL UNION 5 CERTIFICATE FORM. BOTH PARTIES TO THE PROPOSED CIVIL UNION SHALL 6 SIGN THE APPLICATION ATTESTING TO THE ACCURACY OF THE FACTS 7 STATED. 8 (2) THE CIVIL UNION LICENSE FEE IS SEVEN DOLLARS PLUS AN 9 ADDITIONAL AMOUNT ESTABLISHED PURSUANT TO SECTION 25-2-121, 10 C.R.S. THE COUNTY CLERK AND RECORDER SHALL FORWARD THE 11 ADDITIONAL AMOUNT TO THE STATE TREASURER WHO SHALL CREDIT IT TO 12 THE VITAL STATISTICS RECORDS CASH FUND PURSUANT TO SECTION 13 25-2-121, C.R.S. IN ADDITION, THE COUNTY CLERK AND RECORDER SHALL 14 COLLECT A FEE OF TWENTY DOLLARS TO BE TRANSMITTED BY THE COUNTY 15 CLERK AND RECORDER TO THE STATE TREASURER WHO SHALL CREDIT THE 16 SAME TO THE COLORADO DOMESTIC ABUSE PROGRAM FUND CREATED IN 17 SECTION 39-22-802 (1), C.R.S. 18 14-15-111. When civil union licenses issued - validity. THE 19 COUNTY CLERK AND RECORDER SHALL ISSUE A CIVIL UNION LICENSE ONLY 20 DURING THE HOURS THAT THE OFFICE OF THE COUNTY CLERK AND 21 RECORDER IS OPEN AS PRESCRIBED BY LAW AND AT NO OTHER TIME AND 22 SHALL SHOW THE EXACT DATE AND HOUR OF THE LICENSE'S ISSUE. A CIVIL 23 UNION LICENSE IS NOT VALID FOR USE OUTSIDE THE STATE OF COLORADO. 24 WITHIN THE STATE, A CIVIL UNION LICENSE IS NOT VALID FOR MORE THAN 25 THIRTY DAYS AFTER THE DATE OF ISSUE. IF A CIVIL UNION LICENSE IS NOT 26 USED WITHIN THIRTY DAYS, IT IS VOID AND ONE OF THE PARTIES SHALL 27 SB12-002 -14- RETURN THE CIVIL UNION LICENSE TO THE COUNTY CLERK AND RECORDER 1 THAT ISSUED THE LICENSE FOR CANCELLATION. 2 14-15-112. Persons authorized to certify civil unions - 3 registration - fee. (1) A CIVIL UNION MAY BE CERTIFIED BY A JUDGE OF 4 A COURT, BY A DISTRICT COURT MAGISTRATE, BY A COUNTY COURT 5 MAGISTRATE, BY A RETIRED JUDGE OF A COURT, BY THE PARTIES TO THE 6 CIVIL UNION, OR IN ACCORDANCE WITH ANY MODE OF RECOGNITION OF A 7 CIVIL UNION BY ANY RELIGIOUS DENOMINATION OR INDIAN NATION OR 8 TRIBE. 9 (2) WITHIN SIXTY DAYS AFTER THE DATE ON WHICH THE CIVIL 10 UNION IS CERTIFIED, EITHER THE PERSON CERTIFYING THE CIVIL UNION OR, 11 IF NO INDIVIDUAL ACTING ALONE CERTIFIES THE CIVIL UNION, A PARTY TO 12 THE CIVIL UNION SHALL COMPLETE THE CIVIL UNION CERTIFICATE AND 13 RETURN THE CERTIFICATE TO THE COUNTY CLERK AND RECORDER'S OFFICE 14 THAT ISSUED THE LICENSE. A PERSON WHO FAILS TO RETURN THE CIVIL 15 UNION CERTIFICATE TO THE COUNTY CLERK AND RECORDER AS REQUIRED 16 BY THIS SECTION SHALL PAY TO THE COUNTY CLERK AND RECORDER A 17 LATE FEE IN AN AMOUNT NOT LESS THAN TWENTY DOLLARS. THE COUNTY 18 CLERK AND RECORDER MAY ASSESS AN ADDITIONAL FIVE-DOLLAR LATE 19 FEE FOR EACH ADDITIONAL DAY OF FAILURE TO COMPLY WITH THE RETURN 20 REQUIREMENTS OF THIS SUBSECTION (2), UP TO A MAXIMUM OF FIFTY 21 DOLLARS. FOR PURPOSES OF DETERMINING WHETHER TO ASSESS A LATE 22 FEE PURSUANT TO THIS SUBSECTION (2), THE DATE OF RETURN IS DEEMED 23 TO BE THE DATE OF POSTMARK. 24 (3) UPON RECEIVING THE CIVIL UNION CERTIFICATE, THE COUNTY 25 CLERK AND RECORDER SHALL REGISTER THE CIVIL UNION. 26 (4) A PRIEST, MINISTER, RABBI, OR OTHER OFFICIAL OF A RELIGIOUS 27 SB12-002 -15- INSTITUTION OR DENOMINATION OR AN INDIAN NATION OR TRIBE SHALL 1 NOT BE REQUIRED TO CERTIFY A CIVIL UNION IN VIOLATION OF HIS OR HER 2 RIGHT TO THE FREE EXERCISE OF RELIGION GUARANTEED BY THE FIRST 3 AMENDMENT TO THE UNITED STATES CONSTITUTION AND BY SECTION 4 OF 4 ARTICLE II OF THE STATE CONSTITUTION. 5 14-15-113. Civil union license required for certification. 6 PERSONS AUTHORIZED BY SECTION 14-15-112 TO CERTIFY CIVIL UNIONS 7 SHALL REQUIRE A CIVIL UNION LICENSE FROM THE PARTIES BEFORE 8 CERTIFYING THE CIVIL UNION. 9 14-15-114. Evidence of civil union. A COPY OF THE CIVIL UNION 10 CERTIFICATE RECEIVED FROM THE COUNTY CLERK AND RECORDER OR A 11 RECORD OF THE CIVIL UNION RECEIVED FROM THE STATE REGISTRAR IS 12 PRESUMPTIVE EVIDENCE OF THE CIVIL UNION IN ALL COURTS. 13 14-15-115. Reciprocity - principle of comity. (1) A 14 RELATIONSHIP BETWEEN PERSONS OF THE SAME SEX THAT DOES NOT 15 COMPLY WITH SECTION 31 OF ARTICLE II OF THE STATE CONSTITUTION BUT 16 THAT WAS LEGALLY ENTERED INTO IN ANOTHER JURISDICTION IS DEEMED 17 IN COLORADO TO BE A CIVIL UNION AS SET FORTH IN THIS ARTICLE. 18 (2) UNDER PRINCIPLES OF COMITY, A CIVIL UNION, DOMESTIC 19 PARTNERSHIP, OR SUBSTANTIALLY SIMILAR LEGAL RELATIONSHIP THAT IS 20 LEGALLY CREATED IN ANOTHER JURISDICTION SHALL BE DEEMED TO BE A 21 CIVIL UNION FOR PURPOSES OF COLORADO LAW AS SET FORTH IN THIS 22 ARTICLE. 23 14-15-116. Tax equity - joint tax returns - commission - report 24 - construction of article relating to tax returns - repeal. (1) (a) THE 25 GENERAL ASSEMBLY FINDS THAT CURRENT FEDERAL LAW PROHIBITS THE 26 FILING OF A JOINT INCOME TAX RETURN BY PARTIES WHO ARE NOT 27 SB12-002 -16- CONSIDERED LEGALLY MARRIED UNDER FEDERAL LAW. SINCE COLORADO 1 INCOME TAX FILINGS ARE TIED TO THE FEDERAL INCOME TAX FORM BY 2 REQUIRING TAXPAYERS TO PAY A PERCENTAGE OF THEIR FEDERAL 3 ADJUSTED GROSS INCOME AS THEIR STATE INCOME TAXES, THIS PREVENTS 4 THE FILING BY THE PARTIES TO A CIVIL UNION OF A JOINT STATE INCOME 5 TAX RETURN. THE GENERAL ASSEMBLY FINDS THAT IT WOULD ASSIST 6 POLICYMAKERS TO STUDY THE CONSEQUENCES OF AND DIFFICULTIES 7 ENCOUNTERED BY PARTIES TO CIVIL UNIONS FROM NOT BEING ABLE TO FILE 8 JOINT TAX RETURNS, WHETHER IT IS BENEFICIAL OR ADVANTAGEOUS TO 9 PARTIES TO FILE JOINT TAX RETURNS INSTEAD OF SEPARATE RETURNS, THE 10 POTENTIAL BENEFITS TO THE DEPARTMENT OF REVENUE OF HAVING 11 PARTIES TO A CIVIL UNION FILE JOINT TAX RETURNS, AND HOW THE STATE 12 STATUTES COULD BE CHANGED TO PERMIT THE PARTIES TO A CIVIL UNION 13 TO FILE A JOINT STATE INCOME TAX RETURN. 14 (b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE 15 MAY CREATE A STUDY COMMISSION TO INVESTIGATE AND CONSIDER WHAT 16 CHANGES IN THE STATE STATUTES COULD BE MADE TO ENSURE EQUITABLE 17 TAX TREATMENT FOR PARTIES TO A CIVIL UNION AND TO ALLOW PARTIES 18 TO A CIVIL UNION TO FILE A JOINT STATE INCOME TAX RETURN WITHOUT 19 VIOLATING THE FEDERAL TAX LAWS. IF A STUDY COMMISSION IS CREATED, 20 THE COMMISSION SHALL CONSIST, AT A MINIMUM, OF TAX ACCOUNTANTS 21 AND STAFF OF THE DEPARTMENT OF REVENUE APPOINTED BY THE 22 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE AND THE CHAIRS 23 OR THEIR DESIGNEES OF THE FINANCE COMMITTEES OF THE HOUSE OF 24 REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR COMMITTEES. IF 25 APPOINTED, THE COMMISSION SHALL PREPARE A REPORT OF ITS FINDINGS 26 AND RECOMMENDATIONS AND SUBMIT THE REPORT TO THE EXECUTIVE 27 SB12-002 -17- DIRECTOR AND THE FINANCE COMMITTEES OF THE HOUSE OF 1 REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR COMMITTEES, ON 2 OR BEFORE JANUARY 1, 2013. 3 (c) THIS SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2013. 4 (2) UNTIL A STATUTORY CHANGE IS ENACTED TO AUTHORIZE THE 5 FILING OF A JOINT STATE INCOME TAX RETURN BY PARTIES TO A CIVIL 6 UNION, THIS ARTICLE SHALL NOT BE CONSTRUED TO PERMIT THE FILING OF 7 A JOINT STATE INCOME TAX RETURN BY THE PARTIES TO A CIVIL UNION. 8 14-15-117. Construction. (1) THE PROVISIONS OF THIS ARTICLE 9 SHALL NOT BE CONSTRUED TO CREATE A MARRIAGE BETWEEN THE PARTIES 10 TO A CIVIL UNION OR ALTER THE PUBLIC POLICY OF THIS STATE, WHICH 11 RECOGNIZES ONLY THE UNION OF ONE MAN AND ONE WOMAN AS A 12 MARRIAGE. 13 (2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE 14 CONTRARY, THIS ARTICLE SHALL NOT BE INTERPRETED TO REQUIRE A 15 CHILD PLACEMENT AGENCY TO PLACE A CHILD FOR ADOPTION WITH A 16 COUPLE THAT HAS ENTERED INTO A CIVIL UNION PURSUANT TO THIS 17 ARTICLE. 18 14-15-118. Severability. IF ANY PROVISION OF THIS ARTICLE OR 19 THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD 20 INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR 21 APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE 22 INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF 23 THIS ARTICLE ARE DECLARED TO BE SEVERABLE. 24 SECTION 3. In Colorado Revised Statutes, amend 25-2-105 as 25 follows: 26 25-2-105. Vital statistics, reports, and certificates - forms and 27 SB12-002 -18- information to be included. (1) The state registrar shall prescribe, 1 furnish, and distribute such forms as are required by this article and shall 2 furnish and distribute such rules and regulations as are promulgated 3 pursuant to section 25-2-103. The state registrar may also prescribe such 4 other means for transmission of data as will accomplish the purpose of 5 complete and accurate reporting and registration. 6 (2) THE STATE REGISTRAR SHALL PRESCRIBE, FURNISH, AND 7 DISTRIBUTE SUCH FORMS AS ARE REQUIRED BY THIS ARTICLE WITH 8 RESPECT TO CIVIL UNION CERTIFICATES, AS DEFINED IN SECTION 14-15-102 9 (2), C.R.S. 10 SECTION 4. In Colorado Revised Statutes, add 25-2-106.5 and 11 25-2-107.5 as follows: 12 25-2-106.5. Reports of civil unions. EACH COUNTY CLERK AND 13 RECORDER SHALL PREPARE A REPORT CONTAINING SUCH INFORMATION 14 AND USING THE FORM AS PRESCRIBED AND FURNISHED BY THE STATE 15 REGISTRAR WITH RESPECT TO EVERY DULY EXECUTED CIVIL UNION 16 CERTIFICATE REGISTERED IN ACCORDANCE WITH SECTION 14-15-112, 17 C.R.S. ON OR BEFORE THE TENTH DAY OF EACH MONTH, OR MORE 18 FREQUENTLY IF REQUESTED BY THE STATE REGISTRAR, A COUNTY CLERK 19 AND RECORDER SHALL FORWARD TO THE STATE REGISTRAR ALL CIVIL 20 UNION REPORTS FOR ALL CIVIL UNION CERTIFICATES REGISTERED IN THE 21 PRECEDING PERIOD. A COUNTY CLERK AND RECORDER MAY ISSUE 22 CERTIFIED COPIES OF CIVIL UNION CERTIFICATES. 23 25-2-107.5. Reports of dissolution of civil unions, legal 24 separation of civil unions, or declarations of invalidity of civil unions 25 - fee. (1) THE CLERK OF EACH COURT SHALL PREPARE A REPORT 26 CONTAINING SUCH INFORMATION AND USING SUCH FORM AS MAY BE 27 SB12-002 -19- PRESCRIBED AND FURNISHED BY THE STATE REGISTRAR WITH RESPECT TO 1 EVERY DECREE ENTERED BY THE COURT FOR THE DISSOLUTION OF A CIVIL 2 UNION, LEGAL SEPARATION OF A CIVIL UNION, OR DECLARATION OF 3 INVALIDITY OF A CIVIL UNION, AND EVERY DECREE AMENDING OR 4 NULLIFYING SUCH A DECREE. ON OR BEFORE THE TENTH DAY OF EACH 5 MONTH, OR MORE FREQUENTLY IF SO REQUESTED BY THE STATE 6 REGISTRAR, THE CLERK SHALL FORWARD TO THE STATE REGISTRAR THE 7 REPORTS FOR ALL SUCH DECREES ENTERED DURING THE PRECEDING 8 PERIOD. 9 (2) IN ORDER TO DEFRAY THE COSTS OF MAINTENANCE OF VITAL 10 STATISTICS RECORDS, THE CLERK OF THE COURT SHALL ASSESS A FEE OF 11 THREE DOLLARS UPON EACH ACTION FILED FOR A DISSOLUTION OF A CIVIL 12 UNION, LEGAL SEPARATION OF A CIVIL UNION, OR DECLARATION OF 13 INVALIDITY OF A CIVIL UNION THAT IS FILED IN THE OFFICE OF EACH CLERK 14 OF A COURT OF RECORD IN THIS STATE ON OR AFTER THE EFFECTIVE DATE 15 OF THIS SECTION. THE CLERK SHALL KEEP ANY FEES SO COLLECTED IN A 16 SEPARATE FUND AND EACH MONTH THE CLERK SHALL TRANSMIT THOSE 17 FEES COLLECTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME 18 TO THE VITAL STATISTICS RECORDS CASH FUND CREATED IN SECTION 19 25-2-121. 20 SECTION 5. In Colorado Revised Statutes, 25-2-117, amend (2) 21 (d) and (2) (e); and add (2) (f) as follows: 22 25-2-117. Certified copies furnished - fee. (2) An applicant 23 shall pay fees established pursuant to section 25-2-121 for each of the 24 following services: 25 (d) The verification of marriage or divorce; and 26 (e) The reproduction of various vital statistics, publications, 27 SB12-002 -20- reports, and data services; AND 1 (f) THE VERIFICATION OF A CIVIL UNION OR DISSOLUTION OF A 2 CIVIL UNION. 3 SECTION 6. In Colorado Revised Statutes, 2-4-101, add (1.3), 4 (1.4), (3.7), and (7.5), as follows: 5 2-4-401. Definitions. The following definitions apply to every 6 statute, unless the context otherwise requires: 7 (1.3) "CIVIL UNION" MEANS A RELATIONSHIP ESTABLISHED BY TWO 8 ELIGIBLE PERSONS PURSUANT TO THE REQUIREMENTS OF ARTICLE 15 OF 9 TITLE 14, C.R.S., THAT ENTITLES THEM TO RECEIVE THE BENEFITS AND 10 PROTECTIONS AND BE SUBJECT TO THE RESPONSIBILITIES OF SPOUSES. 11 (1.4) "CIVIL UNION CERTIFICATE" MEANS A DOCUMENT THAT 12 CERTIFIES THAT THE PERSONS NAMED IN THE CERTIFICATE HAVE 13 ESTABLISHED A CIVIL UNION IN THIS STATE IN COMPLIANCE WITH THE 14 PROVISIONS OF ARTICLE 15 OF TITLE 14, C.R.S. 15 (3.7) "IMMEDIATE FAMILY MEMBER" MEANS A PERSON WHO IS 16 RELATED BY BLOOD, MARRIAGE, CIVIL UNION, OR ADOPTION. 17 (7.5) "PARTY TO A CIVIL UNION" OR "PARTNER IN A CIVIL UNION" 18 MEANS A PERSON WHO HAS ENTERED INTO A CIVIL UNION IN ACCORDANCE 19 WITH THE REQUIREMENTS OF ARTICLE 15 OF TITLE 14, C.R.S. 20 SECTION 7. In Colorado Revised Statutes, 10-16-102, amend 21 (14) as follows: 22 10-16-102. Definitions. As used in this article, unless the context 23 otherwise requires: 24 (14) "Dependent" means a spouse, A PARTNER IN A CIVIL UNION, 25 an unmarried child under nineteen years of age, an unmarried child who 26 is a full-time student under twenty-four years of age and who is 27 SB12-002 -21- financially dependent upon the parent, and an unmarried child of any age 1 who is medically certified as disabled and dependent upon the parent. 2 "Dependent" shall include a designated beneficiary, as defined in section 3 15-22-103 (1), C.R.S., if an employer elects to cover a designated 4 beneficiary as a dependent. 5 SECTION 8. In Colorado Revised Statutes, 13-32-101, add (1) 6 (a.5) and (1) (b.5) as follows: 7 13-32-101. Docket fees in civil actions - judicial stabilization 8 cash fund - support registry fund created. (1) At the time of first 9 appearance in all civil actions and special proceedings in all courts of 10 record, except in the supreme court and the court of appeals, and except 11 in the probate proceedings in the district court or probate court of the city 12 and county of Denver, and except as provided in subsection (3) of this 13 section and in sections 13-32-103 and 13-32-104, there shall be paid in 14 advance the total docket fees, as follows: 15 (a.5) ON AND AFTER OCTOBER 1, 2012, BY THE PETITIONER IN A 16 PROCEEDING FOR DISSOLUTION OF A CIVIL UNION, LEGAL SEPARATION OF 17 A CIVIL UNION, OR DECLARATION OF INVALIDITY OF A CIVIL UNION AND BY 18 THE PETITIONER IN AN ACTION FOR A DECLARATORY JUDGMENT 19 CONCERNING THE STATUS OF A CIVIL UNION, A FEE OF TWO HUNDRED 20 THIRTY DOLLARS; 21 (b.5) ON AND AFTER OCTOBER 1, 2012, BY THE RESPONDENT IN A 22 PROCEEDING FOR DISSOLUTION OF A CIVIL UNION, LEGAL SEPARATION OF 23 A CIVIL UNION, OR DECLARATION OF INVALIDITY OF A CIVIL UNION AND BY 24 THE RESPONDENT TO AN ACTION FOR A DECLARATORY JUDGMENT 25 CONCERNING THE STATUS OF A CIVIL UNION, A FEE OF ONE HUNDRED 26 SIXTEEN DOLLARS; 27 SB12-002 -22- SECTION 9. In Colorado Revised Statutes, 13-32-101, amend 1 (5) (a) introductory portion, (5) (a) (VII), and (5) (b) introductory portion 2 as follows: 3 13-32-101. Docket fees in civil actions - judicial stabilization 4 cash fund - support registry fund created. (5) (a) Each fee collected 5 pursuant to paragraph (a) OR (a.5) of subsection (1) of this section shall 6 be transmitted to the state treasurer and divided as follows: 7 (VII) PURSUANT TO SECTION 25-2-107 (2) OR 25-2-107.5, C.R.S., 8 three dollars shall be deposited in the vital statistics records cash fund 9 created in section 25-2-121, C.R.S.; 10 (b) Each fee collected pursuant to paragraph (b) OR (b.5) of 11 subsection (1) of this section shall be transmitted to the state treasurer and 12 divided as follows: 13 SECTION 10. In Colorado Revised Statutes, 13-90-107, amend 14 (1) (l) (II) (D); and add (1) (a.5) and (1) (l) (III) (C) as follows: 15 13-90-107. Who may not testify without consent. (1) There are 16 particular relations in which it is the policy of the law to encourage 17 confidence and to preserve it inviolate; therefore, a person shall not be 18 examined as a witness in the following cases: 19 (a.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SECTION 14-13-310 20 (5), C.R.S., A PARTNER IN A CIVIL UNION SHALL NOT BE EXAMINED FOR OR 21 AGAINST THE OTHER PARTNER IN THE CIVIL UNION WITHOUT THE OTHER 22 PARTNER'S CONSENT, NOR DURING THE CIVIL UNION OR AFTERWARD SHALL 23 EITHER BE EXAMINED WITHOUT THE CONSENT OF THE OTHER AS TO ANY 24 COMMUNICATIONS MADE BY ONE TO THE OTHER DURING THE CIVIL UNION; 25 EXCEPT THAT THIS EXCEPTION DOES NOT APPLY TO A CIVIL ACTION OR 26 PROCEEDING BY ONE AGAINST THE OTHER, A CRIMINAL ACTION OR 27 SB12-002 -23- PROCEEDING FOR A CRIME COMMITTED BY ONE AGAINST THE OTHER, OR A 1 CRIMINAL ACTION OR PROCEEDING AGAINST ONE OR BOTH PARTNERS WHEN 2 THE ALLEGED OFFENSE OCCURRED PRIOR TO THE DATE OF THE PARTIES' 3 CERTIFICATION OF THE CIVIL UNION. HOWEVER, THIS EXCEPTION SHALL 4 NOT ATTACH IF THE OTHERWISE PRIVILEGED INFORMATION IS 5 COMMUNICATED AFTER THE CERTIFICATION OF THE CIVIL UNION. 6 (II) THE PRIVILEGE DESCRIBED IN THIS PARAGRAPH (a.5) DOES NOT 7 APPLY TO CLASS 1, 2, OR 3 FELONIES AS DESCRIBED IN SECTION 18-1.3-401 8 (1) (a) (IV) AND (1) (a) (V), C.R.S. IN THIS INSTANCE, DURING THE CIVIL 9 UNION OR AFTERWARD, A PARTNER IN A CIVIL UNION SHALL NOT BE 10 EXAMINED FOR OR AGAINST THE OTHER PARTNER IN THE CIVIL UNION AS 11 TO ANY COMMUNICATIONS INTENDED TO BE MADE IN CONFIDENCE AND 12 MADE BY ONE TO THE OTHER DURING THE CIVIL UNION WITHOUT THE 13 OTHER PARTNER'S CONSENT. 14 (III) COMMUNICATIONS BETWEEN PARTNERS IN A CIVIL UNION ARE 15 NOT PRIVILEGED PURSUANT TO THIS PARAGRAPH (a.5) IF SUCH 16 COMMUNICATIONS ARE MADE FOR THE PURPOSE OF AIDING THE 17 COMMISSION OF A FUTURE CRIME OR OF A PRESENT CONTINUING CRIME. 18 (IV) THE BURDEN OF PROVING THE EXISTENCE OF A CIVIL UNION 19 FOR THE PURPOSES OF THIS PARAGRAPH (a.5) SHALL BE ON THE PARTY 20 ASSERTING THE CLAIM. 21 (V) NOTICE OF THE ASSERTION OF THE PRIVILEGE DESCRIBED IN 22 THIS PARAGRAPH (a.5) SHALL BE GIVEN AS SOON AS PRACTICABLE BUT NOT 23 LESS THAN TEN DAYS PRIOR TO ASSERTION AT ANY HEARING. 24 (VI) FOR THE PURPOSES OF THIS PARAGRAPH (a.5), "PARTNER IN 25 A CIVIL UNION" MEANS A PERSON WHO HAS ENTERED INTO A CIVIL UNION 26 ESTABLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 15 OF 27 SB12-002 -24- TITLE 14, C.R.S. 1 (l) (II) This exception does not apply to: 2 (D) Any criminal action or proceeding in which a minor's parent 3 is charged with a crime committed against the communicating minor 4 child, the parent's spouse, THE PARENT'S PARTNER IN A CIVIL UNION, or a 5 minor child of either the parent or the parent's spouse OR THE PARENT'S 6 PARTNER IN A CIVIL UNION; 7 (III) For purposes of this paragraph (l): 8 (C) "PARTNER IN A CIVIL UNION" MEANS A PERSON WHO HAS 9 ENTERED INTO A CIVIL UNION IN ACCORDANCE WITH THE REQUIREMENTS 10 OF ARTICLE 15 OF TITLE 14, C.R.S. 11 SECTION 11. In Colorado Revised Statutes, add 14-2-307.5 as 12 follows: 13 14-2-307.5. Applicability of article and case law to agreements 14 relating to civil unions. PROSPECTIVE PARTIES TO A CIVIL UNION AND 15 PRESENT PARTIES IN A CIVIL UNION MAY CONTRACT TO MAKE AN 16 AGREEMENT RELATING TO THE CIVIL UNION THAT INCLUDES ANY OF THE 17 RIGHTS AND OBLIGATIONS THAT MAY BE INCLUDED IN A MARITAL 18 AGREEMENT PURSUANT TO SECTION 14-2-304, BUT ONLY IF THE 19 AGREEMENT IS SIGNED BY BOTH PARTIES PRIOR TO THE FILING OF AN 20 ACTION FOR DISSOLUTION OF THE CIVIL UNION OR FOR LEGAL SEPARATION. 21 THE PROVISIONS OF THIS ARTICLE AND ANY CASE LAW CONSTRUING THIS 22 ARTICLE APPLY TO ANY AGREEMENT MADE BY PROSPECTIVE PARTNERS TO 23 A CIVIL UNION OR BETWEEN PRESENT PARTNERS TO A CIVIL UNION. 24 SECTION 12. In Colorado Revised Statutes, 14-4-107, amend 25 (2) (a) and (4.5) as follows: 26 14-4-107. Family violence justice fund - creation - grants from 27 SB12-002 -25- fund. (2) Grants from the fund shall be used to fund qualifying 1 organizations to provide legal advice, representation, and advocacy for 2 and on behalf of indigent clients who are victims of family violence. 3 Moneys from the fund may be provided for services that include, but are 4 not limited to: 5 (a) The provision of direct legal representation to victims of 6 family violence in resolving their civil legal matters and removing 7 impediments to the elimination of family violence. Such representation 8 may include, but need not be limited to, representation in any protection 9 order proceeding, action for dissolution of marriage, legal separation, or 10 declaration of invalidity of marriage, ACTION FOR DISSOLUTION OF A CIVIL 11 UNION, LEGAL SEPARATION, OR DECLARATION OF INVALIDITY OF A CIVIL 12 UNION, paternity action, child custody action, proceeding to establish or 13 enforce child support, administrative hearings, or any other judicial 14 actions in which family violence is an issue or in which legal 15 representation is necessary to protect the interests of a victim of family 16 violence. 17 (4.5) Notwithstanding any other provision of this section, the state 18 court administrator shall apply the moneys generated from fees collected 19 pursuant to section 13-32-101 (1) (a) and (1) (b) (1) (a), (1) (a.5), (1) (b), 20 AND (1) (b.5), C.R.S., and transferred pursuant to section 13-32-101 (5) 21 (a) (X) and (5) (b) (II), C.R.S., to grants to qualifying organizations that 22 provide services described in subsection (2) of this section for or on 23 behalf of indigent persons or their families, who WHICH PERSONS are 24 married, separated, or divorced OR PARTIES TO A CIVIL UNION OR AN 25 INVALIDATED, LEGALLY SEPARATED, OR DISSOLVED CIVIL UNION. 26 SECTION 13. In Colorado Revised Statutes, 14-10-105, add 27 SB12-002 -26- (2.5) as follows: 1 14-10-105. Application of Colorado rules of civil procedure. 2 (2.5) A PROCEEDING FOR DISSOLUTION OF A CIVIL UNION, LEGAL 3 SEPARATION, OR DECLARATION OF INVALIDITY OF A CIVIL UNION SHALL BE 4 ENTITLED "IN RE THE CIVIL UNION OF ........ AND ..........". 5 SECTION 14. In Colorado Revised Statutes, add 14-10-106.5 as 6 follows: 7 14-10-106.5. Dissolution of civil unions - legal separation - 8 jurisdiction - applicability of article and case law. (1) ANY PERSON 9 WHO ENTERS INTO A CIVIL UNION IN COLORADO PURSUANT TO ARTICLE 15 10 OF THIS TITLE CONSENTS TO THE JURISDICTION OF THE COURTS OF 11 COLORADO FOR THE PURPOSE OF ANY ACTION RELATING TO A CIVIL UNION 12 EVEN IF ONE OR BOTH PARTIES CEASE TO RESIDE IN THIS STATE. IN A 13 MATTER SEEKING A DISSOLUTION, LEGAL SEPARATION, OR DECLARATION 14 OF INVALIDITY OF A CIVIL UNION, THE COURT SHALL FOLLOW THE 15 PROCEDURES THAT ARE SET FORTH IN THIS ARTICLE FOR DISSOLUTION, 16 LEGAL SEPARATION, OR DECLARATION OF INVALIDITY. THE PROVISIONS OF 17 THIS ARTICLE AND ANY CASE LAW CONSTRUING THIS ARTICLE APPLY TO 18 THE DISSOLUTION, LEGAL SEPARATION, OR DECLARATION OF INVALIDITY 19 OF A CIVIL UNION. 20 (2) THE COURT SHALL FOLLOW THE LAWS OF COLORADO IN A 21 MATTER FILED IN COLORADO THAT IS SEEKING A DISSOLUTION, LEGAL 22 SEPARATION, OR INVALIDITY OF A CIVIL UNION THAT WAS ENTERED INTO 23 IN ANOTHER JURISDICTION. 24 SECTION 15. In Colorado Revised Statutes, amend 14-10-120.5 25 as follows: 26 14-10-120.5. Petition - fee - assessment - displaced 27 SB12-002 -27- homemakers fund. (1) There shall be assessed against a nonindigent 1 petitioner a fee of five dollars for each filing of a petition for dissolution 2 of marriage, declaration of invalidity of marriage, legal separation, or 3 declaratory judgment concerning the status of marriage. All such fees 4 collected shall be transmitted to the state treasurer for deposit in the 5 displaced homemakers fund created pursuant to section 8-15.5-108, 6 C.R.S. 7 (1.5) THERE SHALL BE ASSESSED AGAINST A NONINDIGENT 8 PETITIONER A FEE OF FIVE DOLLARS FOR EACH FILING OF A PETITION FOR 9 DISSOLUTION OF A CIVIL UNION, DECLARATION OF INVALIDITY OF A CIVIL 10 UNION, LEGAL SEPARATION, OR DECLARATORY JUDGMENT CONCERNING 11 THE STATUS OF A CIVIL UNION. ALL SUCH FEES COLLECTED SHALL BE 12 TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE DISPLACED 13 HOMEMAKERS FUND CREATED PURSUANT TO SECTION 8-15.5-108, C.R.S. 14 (2) Notwithstanding the amount specified for the fee in subsection 15 (1) OR (1.5) of this section, the chief justice of the supreme court by rule 16 or as otherwise provided by law may reduce the amount of the fee if 17 necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the 18 uncommitted reserves of the fund to which all or any portion of the fee is 19 credited. After the uncommitted reserves of the fund are sufficiently 20 reduced, the chief justice by rule or as otherwise provided by law may 21 increase the amount of the fee as provided in section 24-75-402 (4), 22 C.R.S. 23 SECTION 16. In Colorado Revised Statutes, 14-13-310, add (5) 24 as follows: 25 14-13-310. Hearing and order. (5) A PRIVILEGE AGAINST 26 DISCLOSURE OF COMMUNICATIONS BETWEEN PARTNERS IN A CIVIL UNION 27 SB12-002 -28- AND A DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF PARTNERS 1 IN A CIVIL UNION OR PARENT AND CHILD MAY NOT BE INVOKED IN A 2 PROCEEDING UNDER THIS PART 3. 3 SECTION 17. In Colorado Revised Statutes, 15-12-203, amend 4 (1) as follows: 5 15-12-203. Priority among persons seeking appointment as 6 personal representative. (1) Whether the proceedings are formal or 7 informal, persons who are not disqualified have priority for appointment 8 in the following order: 9 (a) The person with priority as determined by a probated will 10 including a person nominated by a power conferred in a will; 11 (b) The surviving spouse of the decedent who is a devisee of the 12 decedent; 13 (b.3) THE SURVIVING PARTY TO A CIVIL UNION ENTERED INTO IN 14 ACCORDANCE WITH ARTICLE 15 OF TITLE 14, C.R.S., WHO IS A DEVISEE OF 15 THE DECEDENT; 16 (b.5) A person given priority to be a personal representative in a 17 designated beneficiary agreement made pursuant to article 22 of this title; 18 (c) Other devisees of the decedent; 19 (d) The surviving spouse of the decedent; 20 (d.5) THE SURVIVING PARTY TO A CIVIL UNION ENTERED INTO IN 21 ACCORDANCE WITH ARTICLE 15 OF TITLE 14, C.R.S.; 22 (e) Other heirs of the decedent; 23 (f) Forty-five days after the death of the decedent, any creditor. 24 SECTION 18. In Colorado Revised Statutes, 15-14-304, amend 25 (2) (b) (I) (A) and (2) (b) (II) as follows: 26 15-14-304. Judicial appointment of guardian - petition. 27 SB12-002 -29- (2) The petition must set forth the petitioner's name, residence, current 1 address if different, relationship to the respondent, and interest in the 2 appointment and, to the extent known, state or contain the following with 3 respect to the respondent and the relief requested: 4 (b) (I) The name and address of the respondent's: 5 (A) Spouse, PARTNER IN A CIVIL UNION, or if the respondent has 6 none, an adult with whom the respondent has resided for more than six 7 months within one year before the filing of the petition; and 8 (II) If the respondent has neither spouse, PARTNER IN A CIVIL 9 UNION, adult child, nor parent, at least one of the adults nearest in kinship 10 to the respondent who can be found with reasonable efforts; 11 SECTION 19. In Colorado Revised Statutes, 15-14-310, amend 12 (1) as follows: 13 15-14-310. Who may be guardian - priorities - prohibition of 14 dual roles. (1) Subject to subsection (4) of this section, the court in 15 appointing a guardian shall consider persons otherwise qualified in the 16 following order of priority: 17 (a) A guardian, other than a temporary or emergency guardian, 18 currently acting for the respondent in this state or elsewhere; 19 (b) A person nominated as guardian by the respondent, including 20 the respondent's specific nomination of a guardian made in a durable 21 power of attorney or given priority to be a guardian in a designated 22 beneficiary agreement made pursuant to article 22 of this title; 23 (c) An agent appointed by the respondent under a medical durable 24 power of attorney pursuant to section 15-14-506; 25 (d) An agent appointed by the respondent under a general durable 26 power of attorney; 27 SB12-002 -30- (e) The spouse of the respondent or a person nominated by will or 1 other signed writing of a deceased spouse; 2 (e.5) THE PARTNER IN A CIVIL UNION OF THE RESPONDENT OR A 3 PERSON NOMINATED BY WILL OR OTHER SIGNED WRITING OF A DECEASED 4 PARTNER IN A CIVIL UNION; 5 (f) An adult child of the respondent; 6 (g) A parent of the respondent or an individual nominated by will 7 or other signed writing of a deceased parent; and 8 (h) An adult with whom the respondent has resided for more than 9 six months immediately before the filing of the petition. 10 SECTION 20. In Colorado Revised Statutes, 15-14-413, amend 11 (1) and (3) as follows: 12 15-14-413. Who may be conservator - priorities - prohibition 13 of dual roles. (1) Except as otherwise provided in subsection (4) of this 14 section, the court, in appointing a conservator, shall consider persons 15 otherwise qualified in the following order of priority: 16 (a) A conservator, guardian of the estate, or other like fiduciary 17 appointed or recognized by an appropriate court of any other jurisdiction 18 in which the protected person resides; 19 (b) A person nominated as conservator by the respondent, 20 including the respondent's specific nomination of a conservator made in 21 a durable power of attorney or given priority to be a conservator in a 22 designated beneficiary agreement made pursuant to article 22 of this title, 23 if the respondent has attained twelve years of age; 24 (c) An agent appointed by the respondent to manage the 25 respondent's property under a durable power of attorney; 26 (d) The spouse of the respondent; 27 SB12-002 -31- (d.5) THE PARTNER IN A CIVIL UNION OF THE RESPONDENT; 1 (e) An adult child of the respondent; 2 (f) A parent of the respondent; and 3 (g) An adult with whom the respondent has resided for more than 4 six months immediately before the filing of the petition. 5 (3) A person having priority under paragraph (a), (d), (e), or (f) 6 (a), (d), (d.5), (e), OR (f) of subsection (1) of this section may designate 7 in writing a substitute to serve instead and thereby transfer the priority to 8 the substitute. 9 SECTION 21. In Colorado Revised Statutes, 15-22-103, amend 10 (3) (j) and (3) (k); and add (3) (l) as follows: 11 15-22-103. Definitions. As used in this article, unless the context 12 otherwise requires: 13 (3) "Superseding legal document" means a legal document, 14 regardless of the date of execution, that is valid and enforceable and 15 conflicts with all or a portion of a designated beneficiary agreement and, 16 therefore, causes the designated beneficiary agreement in whole or in part 17 to be replaced or set aside. To the extent there is a conflict between a 18 superseding legal document and a designated beneficiary agreement, the 19 superseding legal document controls. A superseding legal document may 20 include, but need not be limited to, any of the following: 21 (j) A declaration as to disposition of last remains executed 22 pursuant to article 19 of this title; or 23 (k) A marriage license; OR 24 (l) A CIVIL UNION CERTIFICATE. 25 SECTION 22. In Colorado Revised Statutes, 15-22-104, amend 26 (1) (a) as follows: 27 SB12-002 -32- 15-22-104. Requirements for a valid designated beneficiary 1 agreement. (1) A designated beneficiary agreement shall be legally 2 recognized if: 3 (a) The parties to the designated beneficiary agreement satisfy all 4 of the following criteria: 5 (I) Both are at least eighteen years of age; 6 (II) Both are competent to enter into a contract; 7 (III) Neither party is married to another person; 8 (III.5) NEITHER PARTY IS A PARTY TO A CIVIL UNION; 9 (IV) Neither party is a party to another designated beneficiary 10 agreement; and 11 (V) Both parties enter into the designated beneficiary agreement 12 without force, fraud, or duress; and 13 SECTION 23. In Colorado Revised Statutes, 19-5-202, add (4) 14 and (5) as follows: 15 19-5-202. Who may adopt. (4) A PERSON HAVING A LIVING 16 PARTNER IN A CIVIL UNION FROM WHOM THE PERSON IS NOT LEGALLY 17 SEPARATED SHALL PETITION JOINTLY WITH THE PARTNER, UNLESS THE 18 PARTNER IS THE NATURAL PARENT OF THE CHILD TO BE ADOPTED OR HAS 19 PREVIOUSLY ADOPTED THE CHILD. 20 (5) A PERSON WHO IS A PARTNER IN A CIVIL UNION MAY ADOPT A 21 CHILD OF THE OTHER PARTNER THROUGH THE SAME PROCESS OUTLINED IN 22 SECTION 19-5-203 FOR A STEPPARENT ADOPTION. 23 SECTION 24. In Colorado Revised Statutes, 24-50-603, add (5) 24 (c.5) as follows: 25 24-50-603. Definitions. As used in this part 6, unless the context 26 otherwise requires: 27 SB12-002 -33- (5) "Dependent" means: 1 (c.5) AN EMPLOYEE'S PARTNER IN A CIVIL UNION WHO HAS 2 SUBMITTED DOCUMENTATION DEMONSTRATING THE CREATION OF A CIVIL 3 UNION WITH AN EMPLOYEE; 4 SECTION 25. In Colorado Revised Statutes, 24-72-204, amend 5 (3) (a) (XIX) (A) as follows: 6 24-72-204. Allowance or denial of inspection - grounds - 7 procedure - appeal - definitions. (3) (a) The custodian shall deny the 8 right of inspection of the following records, unless otherwise provided by 9 law; except that any of the following records, other than letters of 10 reference concerning employment, licensing, or issuance of permits, shall 11 be available to the person in interest under this subsection (3): 12 (XIX) (A) Except as provided in sub-subparagraphs (B) and (C) 13 of this subparagraph (XIX), applications for a marriage license submitted 14 pursuant to section 14-2-106, C.R.S., AND EXCEPT AS PROVIDED IN 15 SUB-SUBPARAGRAPH (C) OF THIS SUBPARAGRAPH (XIX), APPLICATIONS 16 FOR A CIVIL UNION LICENSE SUBMITTED PURSUANT TO SECTION 14-15-109, 17 C.R.S. A person in interest under this subparagraph (XIX) includes an 18 immediate family member of either party to the marriage application OR 19 TO THE CIVIL UNION APPLICATION. As used in this subparagraph (XIX), 20 "immediate family member" means a person who is related by blood, 21 marriage, CIVIL UNION, or adoption. Nothing in this subparagraph (XIX) 22 shall be construed to prohibit the inspection of marriage licenses or 23 marriage certificates OR OF CIVIL UNION LICENSES OR CIVIL UNION 24 CERTIFICATES or to otherwise change the status of those licenses or 25 certificates as public records. 26 SECTION 26. In Colorado Revised Statutes, 26-7.5-105, amend 27 SB12-002 -34- (1) (b) as follows: 1 26-7.5-105. Funding of domestic abuse programs. 2 (1) (b) Moneys generated from fees collected pursuant to section 3 14-2-106 (1) (a), AND 14-15-110, C.R.S., or transferred pursuant to 4 section 13-21-101 (5) (a) (X) or (5) (b) (II), C.R.S., shall be used to 5 reimburse domestic abuse programs that provide services as provided in 6 section 26-7.5-103 to PERSONS OR THEIR FAMILIES, WHICH PERSONS ARE 7 married, separated, or divorced persons or their families OR PARTIES TO 8 A CIVIL UNION OR AN INVALIDATED, LEGALLY SEPARATED, OR DISSOLVED 9 CIVIL UNION. 10 SECTION 27. Effective date - applicability. (1) This act takes 11 effect October 1, 2012; except that section 7 of this act takes effect 12 January 1, 2013. 13 (2) This act applies to civil unions entered into on or after October 14 1, 2012. 15 SECTION 28. 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 SB12-002 -35-