Bill # / Sponsor (s)

Bill Title

CCC Position

SB 13 – 011

Sen. Steadman
Rep. Ferrandino

Colorado Civil Unions Act

Concerning Authorization of Civil Unions

DESCRIPTION:

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 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 rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law that are granted or imposed 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 to 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 probate laws relating to estates, wills, trusts, and intestate succession, including the ability to inherit real and personal property from a party in a civil union under the probate code;
The probate laws relating to guardianship and conservators, including priority for appointment as a conservator, guardian, or personal representative;
Survivor benefits under and inclusion in workers’ compensation laws;
The right of a partner in a civil union to be treated as a family member or as a spouse under the “Colorado Employment Security Act” for purposes of unemployment benefits;
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 to 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 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 administering, withholding, or withdrawing 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 for plans issued, delivered, or renewed on or after January 1, 2014;
Dependent coverage under health insurance policies for plans issued, delivered, or renewed on or after January 1, 2014; and
Other insurance policies that provide coverage relating to joint ownership of property for plans issued, delivered, or renewed on or after January 1, 2014.
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.
Parties to a civil union may create agreements modifying the terms and conditions of a civil union in the manner specified in the law for creating marital agreements. The Act states that this Act does not
invalidate or affect an otherwise valid domestic partnership agreement or civil contract between 2 individuals who are not married to each other if the agreement or contract was made prior to the effective date of this Act or, if made after the effective date of this Act, the agreement or contract
is not made in contemplation of entering into 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.
The Act includes a reciprocity and principle of comity section that states that a relationship between 2 persons that does not comply with section 31 of article II of the state constitution and 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 or domestic partnership or a substantially similar legal relationship between 2 persons that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law.
The Act includes a severability clause.
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 record of an application for a civil union license is available for public inspection 50 years after the date that the record was created.
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 May 1, 2013; except that the provisions relating to the inclusion of a partner in a civil union as a dependent on a health or life insurance policy and the provisions relating to insurance
policies concerning the ownership of property take effect January 1, 2014.

ACTIVITY:

01/09/2013 Introduced In Senate – Assigned to Judiciary
01/23/2013 Senate Committee on Judiciary Refer Amended to Appropriations
01/31/2013 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
02/04/2013 Senate Second Reading Laid Over with Amendments to 02/08/2013
02/08/2013 Senate Second Reading Passed with Amendments
02/11/2013 Introduced In House – Assigned to Judiciary + Finance + Appropriations
02/11/2013 Senate Third Reading Passed
02/28/2013 House Committee on Judiciary Refer Unamended to Finance
03/06/2013 House Committee on Finance Re-Refer Unamended to Appropriations
03/08/2013 House Committee on Appropriations Refer Unamended to House Committee of the Whole
03/11/2013 House Second Reading Passed
03/12/2013 House Third Reading Passed
03/19/2013 Sent to the Governor
03/19/2013:05 AM 04:10 Signed by the President of the Senate
03/19/2013:52 PM 04:20 Signed by the Speaker of the House

FINAL ACTION:

03/21/2013 Governor Action – Signed

Bill # / Sponsor (s)

Bill Title

CCC Position

SB 13 – 033

Sen. Giron
Rep. Duran

In-State Classification CO High School Completion (ASSET)

Concerning in-state classification at institutions of higher education for students who complete high school in Colorado.

DESCRIPTION:

The bill requires an institution of higher education (institution) in Colorado to classify a student as an in-state student for tuition purposes if the student:
Attends a public or private high school in Colorado for at least 3 years immediately preceding graduation or completion of a general equivalency diploma (GED) in Colorado; and
Is admitted to a Colorado institution or attends an institution under a reciprocity agreement.
In addition to the above requirements, a student who does not have lawful immigration status must submit an affidavit stating that the student has applied for lawful presence or will apply as soon as he or she is able to do so. These students shall not be counted as resident students for any other purpose, but are eligible for the college opportunity fund stipend pursuant to the provisions of that program, and may be eligible for institutional or other financial aid.
The bill creates an exception to the requirement of admission to an institution within 12 months after graduating or completing a GED for certain students who either graduated or completed a GED prior to a certain date and who have been continuously present in Colorado for a specified period of time prior to enrolling in an institution.
The bill exempts persons receiving educational services or benefits from institutions of higher education from providing any required documentation of lawful presence in the United States.

ACTIVITY:

01/15/2013 Introduced In Senate – Assigned to Education
01/24/2013 Senate Committee on Education Refer Unamended to Appropriations
02/15/2013 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
02/20/2013 Senate Second Reading Laid Over with Amendments to 02/22/2013
02/22/2013 Senate Second Reading Passed with Amendments
02/25/2013 Senate Third Reading Passed
02/27/2013 House Committee on Education Refer Unamended to Appropriations
03/01/2013 House Committee on Appropriations Refer Unamended to House Committee of the Whole
03/05/2013 House Second Reading Passed
03/08/2013 House Third Reading Passed
04/23/1013 Signed by the President of the Senate

STATUS:

To the Governor

Bill # / Sponsor (s)

Bill Title

CCC Position

SB 13 – 056

Sen. Harvey
Rep. Saine

Ban Sex-selection Abortions

Concerning the prenatal sex nondiscrimination act.

DESCRIPTION:

The bill outlaws:
The performance of an abortion for the purposes of sex selection;
Coercion of an abortion for the purposes of sex selection;
Solicitation or acceptance of funds for the performance of an abortion for the purposes of sex selection; or
Transporting a woman into Colorado so the woman can receive an abortion for the purposes of sex selection.

ACTIVITY:

01/16/2013 Introduced In Senate – Assigned to Judiciary
02/11/2013 Senate Committee on Judiciary Postpone Indefinitely

FINAL ACTION:

Postpone Indefinitely

Bill # / Sponsor (s)

Bill Title

CCC Position

SB 13 – 069

Sen. Marble
Rep. Holbert

Income Tax Credits For Nonpublic Education

Concerning the creation of income tax credits for nonpublic education.

DESCRIPTION:

The bill establishes a private school tuition income tax credit for income tax years commencing on or after January 1, 2014, that allows any taxpayer to claim a credit when a private school issues the taxpayer a credit certificate for enrolling a dependent qualified child in the private school or for offering a scholarship to a qualified child for enrollment in the private school. The credit may be carried forward for 3 years but not refunded, and the department of revenue is granted rule-making authority.
The amount of the credit is:
For any qualified child attending a private school on a full-time basis as described in the state board of education rules, either an amount equal to the scholarship offered to a qualified child or 50% of the previous year’s state average per pupil revenue, whichever is less; and
For any qualified child attending a private school on a half-time basis as described in the state board of education rules, either an amount equal to the scholarship offered to a qualified child or 25% of the previous year’s state average per pupil revenue, whichever is less.
The bill establishes an income tax credit for income tax years commencing on or after January 1, 2014, that allows any taxpayer who decides to home-school a qualified child to claim an income tax credit:
In an amount equal to $1,000 for a taxpayer who home-schools a qualified child who was enrolled on a full-time basis as described in the state board of education rules in a public school in the state prior to being home-schooled; and
In an amount equal to $500 for a taxpayer who home-schools a qualified child who was enrolled on a half-time basis as described in the state board of education rules in a public school in the state prior to being home-schooled.
The credit may be carried forward for 3 years but not refunded.

ACTIVITY:

01/16/2013 Introduced In Senate – Assigned to Education
02/14/2013 Senate Committee on Education Postpone Indefinitely

FINAL ACTION:

Postpone Indefinitely

Bill # / Sponsor (s)

Bill Title

CCC Position

SB 13 – 251

Sen. Ulibarri
Rep. Meltont

Driver’s License & Identification Documentation

Concerning documentary evidence needed for an individual to be issued an identity document by the department of revenue.

DESCRIPTION:

The bill repeals a prohibition against issuing a driver’s license or identification card to a person who is not lawfully present in the U.S. and sets documentary standards for proof of identity and residency. To be licensed, the person must prove the payment of taxes and provide, from the applicant’s country of origin, a valid passport, consular identification card, or military identification. A person may provide an individual taxpayer identification number instead of a social security number. A driver’s license or identification card will indicate that the holder is not a citizen of the United States.

ACTIVITY:

04/01/2013 Introduced In Senate – Assigned to Judiciary
04/10/2013 Senate Committee on Judiciary Refer Amended to Appropriations
04/19/2013 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

STATUS:

Senate Second Reading

Bill # / Sponsor (s)

Bill Title

CCC Position

SB 13 – 001

Sen. Kefalas
Rep. Kagan

Colorado Working Families Economic Opportunity Act

Concerning income tax credits to support working families, and, in connection therewith, enacting the “Colorado working families economic opportunity act of 2013”.

DESCRIPTION:

Section 2 of the bill modifies the existing child care expenses income tax credit by:
Allowing a taxpayer who is eligible for, but does not claim, the federal child care expenses income tax credit to claim the state credit;
Basing the amount of the state credit on the eligible federal credit as opposed to the actual federal credit claimed; and
Allowing the credit to be claimed for expenses related to caring for a dependent of the taxpayer who is physically or mentally incapable of caring for himself or herself and who lives with the taxpayer.
Section 3 of the bill creates a child tax credit against state income taxes for a resident individual who is eligible to claim the federal child tax credit. The amount of this credit is $100 for each qualifying child who is 5 years of age or under at the end of the taxable year for which the credit is claimed. This credit is refundable.
The Colorado earned income tax credit, which is 10% of the federal earned income tax credit, is a refund mechanism under the taxpayer’s bill of rights (TABOR). So, it only applies if the state revenues are in excess of the constitutional limitation on state fiscal year spending.
Section 4 of the bill removes this contingency so that an eligible taxpayer may claim the Colorado earned income tax credit for any tax year beginning in 2013.

ACTIVITY:

01/09/2013 Introduced In Senate – Assigned to State, Veterans, & Military Affairs
04/03/2013 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
04/12/2013 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/17/2013 Senate Third Reading Passed
04/19/2013 Introduced In House – Assigned to State, Veterans, & Military Affairs

STATUS:

House – State, Veterans, & Military Affairs Not Scheduled