First Regular Session

Sixty-first General Assembly

LLS NO. 97­0412.01 DFHHOUSE BILL 97­1179

STATE OF COLORADO

BY REPRESENTATIVE Paschall;

also SENATOR Mutzebaugh.

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING A STUDY OF ISSUES AFFECTING FAMILIES.

Bill Summary

(Note: This summary applies to this bill as introducedand does not necessarily reflect any amendments which may be subsequentlyadopted.)

Creates an interim committee to study issues affectingmarriage and families, including reviewing the no­fault divorcelaws. Specifies the membership of the committee. Specifies theissues to be studied by the committee.

Directs that the interim committee submit to thegeneral assembly a final report by November 15, 1997, with recommendationsfor legislation.

Be it enacted by the General Assembly of the Stateof Colorado:

SECTION 1.  Article3 of title 2, Colorado Revised Statutes, 1980 Repl. Vol., as amended,is amended BY THE ADDITION OF A NEW PART to read:

PART 15

INTERIM COMMITTEE ON

ISSUES AFFECTING MARRIAGE AND FAMILIES

2­3­1501.  Interim committeeon issues affecting marriage and families ­ creation ­declaration. (1)  THE GENERALASSEMBLY HEREBY RECOGNIZES THAT THE FAMILY UNIT IN THIS COUNTRYAND IN THIS STATE IS UNDER STRESS DUE TO SOCIETAL CHANGES ANDTHE NUMBER OF MARRIAGES THAT ARE TERMINATED AND FAMILIES THATARE DISRUPTED. THE GENERAL ASSEMBLY HEREBY FINDS THAT IT IS TIMEFOR AN EXAMINATION OF THE IMPACTS OF THE NO­FAULT DIVORCESYSTEM AND WHETHER THERE ARE BETTER METHODS FOR HANDLING THE RESOLUTIONOF MARITAL DISPUTES AND DISSOLUTION. THEREFORE, THE GENERAL ASSEMBLYDECLARES THAT THE PURPOSE OF THIS PART 15 IS TO CREATE AN INTERIMCOMMITTEE TO STUDY ISSUES AFFECTING MARRIAGE AND FAMILIES, INCLUDINGTHE NO­FAULT DIVORCE SYSTEM.

(2)  THERE IS HEREBY ESTABLISHED THE INTERIMCOMMITTEE ON ISSUES AFFECTING MARRIAGE AND FAMILIES, REFERREDTO IN THIS PART 15 AS THE "COMMITTEE".

(3)  THE COMMITTEE SHALL CONSIST OF FIFTEENMEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVESOR HIS OR HER DESIGNEE AS FOLLOWS:

(a)  FOUR LEGISLATIVE MEMBERS OF THE GENERALASSEMBLY;

(b)  ONE MEMBER FROM THE FAMILY LAW SECTIONOF THE COLORADO BAR ASSOCIATION;

(c)  ONE MEMBER WHO IS A JUDGE WHO HEARSDOMESTIC RELATIONS CASES;

(d)  ONE MEMBER WHO IS A PROVIDER OF MENTALHEALTH SERVICES;

(e)  ONE MEMBER WHO IS A PROVIDER OF CHILDSUPPORT ENFORCEMENT SERVICES; AND

(f)  SEVEN MEMBERS WHO ARE MEMBERS OF THEPUBLIC.

(4)  APPOINTMENTS TO THE COMMITTEE SHALLBE MADE NO LATER THAN JULY 1, 1997.

(5)  THE SPEAKER OF THE HOUSE OF REPRESENTATIVESSHALL APPOINT THE CHAIRPERSON OF THE COMMITTEE.

(6)  NONLEGISLATIVE MEMBERS OF THE COMMITTEESHALL BE REIMBURSED FOR NECESSARY EXPENSES INCURRED IN ATTENDANCEAT COMMITTEE MEETINGS AND LEGISLATIVE MEMBERS SHALL BE PAID PERDIEM AND EXPENSES FOR THEIR ATTENDANCE AT COMMITTEE MEETINGS ASPROVIDED FOR OTHER MEMBERS OF INTERIM COMMITTEES. AT THE DISCRETIONOF THE COMMITTEE, MEETINGS OF THE COMMITTEE MAY BE HELD AT VARIOUSLOCATIONS THROUGHOUT THE STATE FOR THE PURPOSE OF TAKING TESTIMONYFROM THE PUBLIC. THE LEGISLATIVE COUNCIL STAFF AND THE OFFICEOF LEGISLATIVE LEGAL SERVICES SHALL PROVIDE STAFF ASSISTANCE TOTHE COMMITTEE IN CARRYING OUT ITS DUTIES AND RESPONSIBILITIESPURSUANT TO THIS PART 15. THE COSTS AND EXPENSES OF THE COMMITTEESHALL BE FUNDED OUT OF CURRENT APPROPRIATIONS TO THE LEGISLATIVEDEPARTMENT OTHERWISE DESIGNATED FOR INTERIM COMMITTEES.

2­3­1502.  Issues studiedby interim committee ­ report. (1)  THECOMMITTEE SHALL STUDY THE NO­FAULT DIVORCE SYSTEM, INCLUDINGAN EXAMINATION OF THE FOLLOWING:

(a)  THE HISTORY OF THE NO­FAULT DIVORCESYSTEM, INCLUDING THE REASONS FOR CHANGING FROM A FAULT­BASEDSYSTEM TO A NO­FAULT DIVORCE SYSTEM;

(b)  THE GOALS OF THE NO­FAULT DIVORCESYSTEM AND WHETHER THE GOALS HAVE BEEN ACHIEVED;

(c)  WHETHER THERE ARE UNINTENDED RESULTSOF NO­FAULT DIVORCE THAT ARE HARMFUL TO DIVORCING INDIVIDUALSAND THEIR CHILDREN AND TO SOCIETY IN GENERAL;

(d)  THE IMPACT OF THE NO­FAULT DIVORCESYSTEM ON MEN, WOMEN, AND CHILDREN INDIVIDUALLY AND FAMILIES ASA WHOLE CONTRASTED WITH THE IMPACT OF THE PREDECESSOR FAULT­BASEDDIVORCE SYSTEM ON MEN, WOMEN, AND CHILDREN INDIVIDUALLY AND FAMILIESAS A WHOLE;

(e)  THE ALTERNATIVES OR ADJUSTMENTS TOA NO­FAULT DIVORCE SYSTEM, INCLUDING BUT NOT LIMITED TO:

(I)  REQUIRING MUTUAL CONSENT OF THE PARTIESTO A DIVORCE;

(II)  IMPOSING A WAITING PERIOD OR MANDATORYCOUNSELING OR BOTH PRIOR TO GRANTING A DECREE OF DISSOLUTION OFMARRIAGE;

(III)  REINSTATING FAULT­BASED DIVORCEOR FAULT­BASED GROUNDS IN CERTAIN CIRCUMSTANCES, SUCH ASWHERE THERE ARE MINOR CHILDREN OF THE MARRIAGE;

(IV)  REQUIRING PREMARITAL COUNSELING.

(2)  THE COMMITTEE MAY ALSO STUDY ANY OTHERISSUES AFFECTING FAMILIES AND CHILDREN THAT IT DEEMS APPROPRIATE.

(3)  THE COMMITTEE SHALL SUBMIT A FINALREPORT AND ANY RECOMMENDATIONS FOR LEGISLATIVE CHANGES ON OR BEFORENOVEMBER 15, 1997. RECOMMENDATIONS OF THE COMMITTEE THAT REQUIRELEGISLATIVE CHANGES SHALL BE PROPOSED IN THE FORM OF BILLS. PROPOSEDLEGISLATION SHALL BE PRESENTED TO THE LEGISLATIVE COUNCIL IN THESAME MANNER AS BILLS RECOMMENDED BY AN INTERIM COMMITTEE CREATEDBY STATUTE AND, IF APPROVED BY THE LEGISLATIVE COUNCIL, SHALLBE TREATED AS BILLS OF AN INTERIM COMMITTEE CREATED BY STATUTEFOR PURPOSES OF BILL LIMITATIONS AND INTRODUCTION DEADLINES IMPOSEDBY THE JOINT RULES OF THE GENERAL ASSEMBLY.

2­3­1503.  Repeal of part.  THISPART 15 IS REPEALED, EFFECTIVE JULY 1, 1998.

SECTION 2.  Safety clause.  Thegeneral assembly hereby finds, determines, and declares that thisact is necessary for the immediate preservation of the publicpeace, health, and safety.