Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0752.01 Jane Ritter x4342    SENATE BILL 16-149
                   SENATE SPONSORSHIP
 Marble and Woods,  Cooke, Holbert, Lundberg, Neville T.
 
                    HOUSE SPONSORSHIP
 Humphrey,  Leonard, Ransom, Van Winkle
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning factors a court must consider in a review of an
            arbitrator's award in the context of a dissolution of a
            marriage.
       
       
                           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 adds language to the dissolution of marriage act
       concerning a court's de novo review of an arbitrator's award related to a
       dissolution of a marriage, including parental responsibilities, parenting
       time, adjustments to child support, and disputed parental decisions. It
       provides 5 factors the court shall consider if a party applies to have the
       arbitrator's award vacated, modified, or corrected. The factors include
       whether:
                 The arbitrator failed to consider the best interests of the
                 child or children;
                 Domestic violence was a factor;
                 The arbitrator applied a law, rule, or legal code of a
                 jurisdiction outside of the states and territories of the
                 United States;
                 The arbitrator failed to grant all parties involved the same
                 fundamental and guaranteed constitutional rights; or
                 The arbitrator failed to consider whether the award might
                 place the child or children in substantial risk of harm.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 14-10-128.5, add (3)
       as follows:
            14-10-128.5.  Appointment of arbitrator - de novo hearing of
       award - modifications. (3)  If a party applies pursuant to
       subsection (2) of this section to vacate, modify, or correct an
       arbitrator's award pursuant to a de novo hearing, the court
       shall consider whether the arbitrator:
            (a)  Failed to consider the best interests of the child or
       children;
            (b)  Failed to consider whether domestic violence was a
       factor in the situation;
            (c)  Applied a law, rule, or legal code of a jurisdiction
       outside of the states and territories of the United States that
       is repugnant to the public policy of this state;
            (d)  Failed to grant the parties the same fundamental
       constitutional rights guaranteed by the United States
       constitution, including the rights to equal protection, due
       process, free speech, and free exercise of religion; or
            (e)  Failed to consider whether the determination of
       parental responsibilities, parenting time, or other issues related
       to the dissolution of the marriage might place the child or
       children in substantial risk of harm.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.