First Regular Session

Sixty-first General Assembly

LLS NO. 97­0596.01 JGG SENATE BILL 97­161

STATE OF COLORADO

BY SENATOR Pascoe

A BILL FOR AN ACT

CONCERNING LEGAL DOMESTIC PARTNERSHIPS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Establishes a procedure for the registration of legal domestic partnerships with the county clerk and recorder by means of a standardized form prescribed and provided by the executive director of the department of public health and environment. Defines what constitutes a legal domestic partnership. Identifies the legal effect of a legal domestic partnership. Provides that the state will recognize legal domestic partnerships validly entered into in other states to the extent provided under Colorado law.

Describes the procedures for the dissolution of a legal domestic partnership, including provisions addressing the distribution of legal domestic partnership property and award of maintenance.

Allows a legal domestic partner to inherit from a deceased partner as a spouse would inherit from a deceased spouse under the intestacy provisions of the "Colorado Probate Code". Authorizes the legal domestic partner to appoint a guardian for an incapacitated partner. Requires notice to be sent to a legal domestic partner in guardianship proceedings. Places a legal domestic partner on a par with spouses in the statutory priority list of who may be appointed as a guardian for an incapacitated person.

Authorizes a legal domestic partner to seek damages in a civil tort action upon the death of his or her partner.

Specifies that a partner to a legal domestic partnership shall be entitled to visit his or her legal domestic partner who is a patient in a health care facility as would any other immediate family member of a patient and to make funeral and burial arrangements for his or her deceased legal domestic partner.

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

SECTION 1. Title 14, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 15

Legal Domestic Partnerships

14­15­101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO LEGAL DOMESTIC PARTNERSHIP ACT".

14­15­102. Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS THAT THE NEED EXISTS FOR THE LAW TO RECOGNIZE THE RELATIONSHIPS ESTABLISHED BETWEEN PARTNERS WHO ARE NOT MARRIED BUT WHO WISH TO PROTECT THEIR PROPERTY RIGHTS AND TO ENSURE THEIR OVERALL FINANCIAL SECURITY. ACCORDINGLY, THE GENERAL ASSEMBLY DECLARES AND DETERMINES THAT IT IS APPROPRIATE TO INSTITUTE A PROCESS WHEREBY LEGAL DOMESTIC PARTNERSHIPS MAY BE ESTABLISHED AND DISSOLVED AND PROPERTY AND OTHER ESSENTIAL RIGHTS MAY BE LEGALLY DETERMINED.

14­15­103. Definitions. FOR PURPOSES OF THIS ARTICLE:

(1)  "ADULT" MEANS A PERSON EIGHTEEN YEARS OF AGE OR OLDER.

(2)  "BASIC LIVING EXPENSES" MEANS BASIC FOOD AND SHELTER. "BASIC LIVING EXPENSES" INCLUDES ANY OTHER COST, SUCH AS MEDICAL CARE, IF SOME OR ALL OF THE COST IS PAID AS A BENEFIT BECAUSE A PERSON IS ANOTHER PERSON'S LEGAL DOMESTIC PARTNER.

(3)  "DOMESTIC PARTNERSHIP PROPERTY" MEANS ALL PROPERTY ACQUIRED BY EITHER PARTNER SUBSEQUENT TO THE DECLARATION OF THE LEGAL DOMESTIC PARTNERSHIP EXCEPT:

(a)  PROPERTY ACQUIRED BY GIFT, BEQUEST, DEVISE, OR DESCENT;

(b)  PROPERTY ACQUIRED IN EXCHANGE FOR PROPERTY ACQUIRED PRIOR TO THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP OR IN EXCHANGE FOR PROPERTY ACQUIRED BY GIFT, BEQUEST, DEVISE, OR DESCENT; AND

(c)  PROPERTY EXCLUDED BY VALID AGREEMENT OF THE PARTNERS.

(4)  "LEGAL DOMESTIC PARTNER" OR "PARTNER" MEANS A PERSON WHO IS A PARTY TO A REGISTERED LEGAL DOMESTIC PARTNERSHIP.

(5)  "LEGAL DOMESTIC PARTNERSHIP" MEANS A PARTNERSHIP BETWEEN TWO ADULTS WHO SHARE A RELATIONSHIP. A LEGAL DOMESTIC PARTNERSHIP SHALL BE ESTABLISHED WHEN ALL OF THE FOLLOWING CRITERIA ARE MET:

(a)  BOTH PERSONS SHARE A COMMON RESIDENCE;

(b)  BOTH PERSONS AGREE TO BE JOINTLY RESPONSIBLE FOR EACH OTHER'S BASIC LIVING EXPENSES DURING THE LEGAL DOMESTIC PARTNERSHIP;

(c)  NEITHER PERSON IS MARRIED OR A PARTNER IN ANOTHER LEGAL DOMESTIC PARTNERSHIP;

(d)  THE TWO PERSONS ARE NOT RELATED BY BLOOD IN A WAY THAT WOULD PREVENT THEM FROM BEING MARRIED TO ONE ANOTHER UNDER SECTION 14­2­110; AND

(e)  BOTH PERSONS HAVE FILED A DECLARATION OF LEGAL DOMESTIC PARTNERSHIP WITH THE CLERK AND RECORDER OF THE COUNTY OF THEIR RESIDENCE PURSUANT TO SECTION 14­15­104.

14­15­104. Declaration of legal domestic partnership. (1) (a)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL PRESCRIBE AND PROVIDE A STANDARDIZED FORM FOR THE DECLARATION OF A LEGAL DOMESTIC PARTNERSHIP. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR SUCH EXECUTIVE DIRECTOR'S DESIGNEE, SHALL PROVIDE SUCH FORMS TO EVERY OFFICE OF CLERK AND RECORDER IN THE STATE, WHICH SHALL MAKE THE FORMS AVAILABLE TO THE PUBLIC. THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP FORM SHALL PROVIDE FOR THE ATTESTATION THAT EACH PARTY MEETS THE REQUIREMENTS DESCRIBED IN SECTION 14­15­103 (5) FOR A LEGAL DOMESTIC PARTNERSHIP. EACH PARTY SHALL SIGN THE FORM BEFORE A NOTARY PUBLIC UNDER PENALTY OF PERJURY. THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP SHALL BE FILED WITH THE CLERK AND RECORDER OF THE COUNTY OF RESIDENCE OF THE PARTIES TO THE LEGAL DOMESTIC PARTNERSHIP.

(b) (I)  WHEN THE LEGAL DOMESTIC PARTNERS HAVE COMPLETED AND SIGNED THE STANDARDIZED FORM FOR THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP, THE CLERK AND RECORDER SHALL COLLECT FROM SUCH PARTNERS A REGISTRATION FEE OF SEVEN DOLLARS, A FEE OF TEN DOLLARS TO BE CREDITED TO THE COLORADO CHILDREN'S TRUST FUND PURSUANT TO SECTION 19­3.5­106, C.R.S., EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), AND AN AMOUNT ESTABLISHED PURSUANT TO SECTION 25­2­121, C.R.S., SUCH AMOUNT TO BE CREDITED TO THE VITAL STATISTICS RECORDS CASH FUND PURSUANT TO SECTION 25­2­121, C.R.S.

(II)  THE TEN­DOLLAR FEE AUTHORIZED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) TO BE CREDITED TO THE COLORADO CHILDREN'S TRUST FUND SHALL NOT BE ASSESSED AFTER THE BALANCE IN SUCH FUND EXCEEDS FIVE MILLION DOLLARS.

(2)  UPON RECEIPT OF THE COMPLETED AND SIGNED DECLARATION OF LEGAL DOMESTIC PARTNERSHIP AND PAYMENT OF THE FEES SPECIFIED IN PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THE COUNTY CLERK AND RECORDER SHALL REGISTER THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP.

14­15­105. Legal effect of legal domestic partnership. (1)  THE REGISTRATION OF A LEGAL DOMESTIC PARTNERSHIP WITH THE COUNTY CLERK AND RECORDER PURSUANT TO SECTION 14­15­104 SHALL NOT BE EVIDENCE OF, OR ESTABLISH, ANY RIGHTS EXISTING UNDER LAW OTHER THAN THOSE EXPRESSLY PROVIDED TO LEGAL DOMESTIC PARTNERS UNDER THIS ARTICLE, THE "COLORADO PROBATE CODE", OR TITLE 13, C.R.S. THE PROVISIONS RELATING TO LEGAL DOMESTIC PARTNERSHIPS SET FORTH IN THIS ARTICLE SHALL NOT DIMINISH ANY RIGHTS UNDER ANY OTHER PROVISION OF LAW.

(2)  ANY DOMESTIC PARTNERSHIP ENTERED INTO OUTSIDE THE STATE OF COLORADO, THAT WOULD BE VALID BY THE LAWS OF THE JURISDICTION UNDER WHICH THE DOMESTIC PARTNERSHIP WAS ENTERED INTO, SHALL BE VALID IN THIS STATE TO THE EXTENT PROVIDED UNDER COLORADO LAW.

14­15­201. Uniformity of application and construction. (1)  THIS PART 2 SHALL BE LIBERALLY CONSTRUED AND APPLIED TO PROMOTE ITS UNDERLYING PURPOSES.

(2)  THE UNDERLYING PURPOSES OF THIS PART 2 ARE:

(a)  TO PROMOTE THE AMICABLE SETTLEMENT OF DISPUTES THAT MAY HAVE ARISEN BETWEEN PARTNERS TO A LEGAL DOMESTIC PARTNERSHIP;

(b)  TO MITIGATE THE POTENTIAL HARM TO THE LEGAL DOMESTIC PARTNERS CAUSED BY THE PROCESS OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP; AND

(c)  TO MAKE THE LAW OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP MORE EFFECTIVE FOR DEALING WITH THE REALITIES OF THE LEGAL DOMESTIC PARTNERSHIP EXPERIENCE BY MAKING AN IRRETRIEVABLE BREAKDOWN OF THE LEGAL DOMESTIC PARTNERSHIP THE SOLE BASIS FOR ITS DISSOLUTION.

14­15­202. Application of Colorado rules of civil procedure. (1)  THE COLORADO RULES OF CIVIL PROCEDURE SHALL APPLY TO ALL PROCEEDINGS UNDER THIS PART 2.

(2)  A PROCEEDING FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP SHALL BE ENTITLED "IN RE THE LEGAL DOMESTIC PARTNERSHIP OF ........ AND ........".

(3)  THE INITIAL PLEADING IN ALL PROCEEDINGS UNDER THIS PART 2 SHALL BE DENOMINATED A PETITION. A RESPONSIVE PLEADING SHALL BE DENOMINATED A RESPONSE. OTHER PLEADINGS AND ALL PLEADINGS IN OTHER MATTERS UNDER THIS PART 2 SHALL BE DENOMINATED AS PROVIDED IN THE COLORADO RULES OF CIVIL PROCEDURE.

14­15­203. Dissolution of legal domestic partnership. (1)  THE DISTRICT COURT SHALL ENTER A DECREE OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP WHEN:

(a)  THE COURT FINDS THAT ONE OF THE PARTNERS HAS BEEN DOMICILED IN THIS STATE FOR NINETY DAYS NEXT PRECEDING THE COMMENCEMENT OF THE PROCEEDING;

(b)  THE COURT FINDS THAT THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN; AND

(c)  THE COURT FINDS THAT NINETY DAYS OR MORE HAVE ELAPSED SINCE IT ACQUIRED JURISDICTION OVER THE RESPONDENT EITHER AS THE RESULT OF PROCESS PURSUANT TO RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE OR AS THE RESULT OF THE ACT OF THE RESPONDENT IN JOINING AS COPETITIONER IN THE PETITION OR IN ENTERING AN APPEARANCE IN ANY OTHER WAY.

(2)  IN CONNECTION WITH EVERY DECREE OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP AND TO THE EXTENT OF ITS JURISDICTION TO DO SO, THE COURT SHALL CONSIDER, APPROVE, OR MAKE PROVISION FOR THE DISPOSITION OF PROPERTY; BUT THE ENTRY OF A DECREE WITH RESPECT TO THE DISPOSITION OF PROPERTY MAY BE DEFERRED BY THE COURT UNTIL A TIME SUBSEQUENT TO THE DECREE OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP UPON A FINDING THAT SUCH A DEFERRAL IS NECESSARY IN THE BEST INTERESTS OF THE PARTNERS.

14­15­204. Commencement ­ pleadings ­ automatic, temporary injunction ­ enforcement. (1)  ALL PROCEEDINGS UNDER THIS PART 2 SHALL BE COMMENCED IN THE MANNER PROVIDED BY THE COLORADO RULES OF CIVIL PROCEDURE.

(2)  THE PETITION IN A PROCEEDING FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP SHALL ALLEGE THAT THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN AND SHALL SET FORTH:

(a)  THE RESIDENCE OF EACH PARTNER AND THE LENGTH OF RESIDENCE IN THIS STATE;

(b)  THE DATE AND PLACE OF THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP;

(c)  THE DATE ON WHICH THE PARTNERS SEPARATED; AND

(d)  THE RELIEF SOUGHT.

(3)  EITHER OR BOTH PARTNERS TO THE LEGAL DOMESTIC PARTNERSHIP MAY INITIATE THE PROCEEDING.

(4) (a)  UPON THE COMMENCEMENT OF A PROCEEDING BY ONE OF THE PARTNERS, THE OTHER PARTNER SHALL BE PERSONALLY SERVED IN THE MANNER PROVIDED BY THE COLORADO RULES OF CIVIL PROCEDURE, AND HE OR SHE MAY FILE A RESPONSE IN ACCORDANCE WITH SUCH RULES; EXCEPT THAT, UPON MOTION VERIFIED BY THE OATH OF THE PARTNER COMMENCING THE PROCEEDING OR OF SOMEONE ON HIS OR HER BEHALF FOR AN ORDER OF PUBLICATION STATING THE FACTS AUTHORIZING SUCH SERVICE, AND SHOWING THE EFFORTS, IF ANY, THAT HAVE BEEN MADE TO OBTAIN PERSONAL SERVICE WITHIN THIS STATE, AND GIVING THE ADDRESS OR LAST­KNOWN ADDRESS OF EACH PERSON TO BE SERVED OR STATING THAT HIS OR HER ADDRESS AND LAST­KNOWN ADDRESS ARE UNKNOWN, THE COURT SHALL HEAR THE MOTION EX PARTE AND, IF SATISFIED THAT DUE DILIGENCE HAS BEEN USED TO OBTAIN PERSONAL SERVICE WITHIN THIS STATE OR THAT EFFORTS TO OBTAIN THE SAME WOULD HAVE BEEN TO NO AVAIL, SHALL ORDER ONE PUBLICATION OF A CONSOLIDATED NOTICE IN A NEWSPAPER PUBLISHED OR HAVING GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROCEEDING IS FILED, NOTWITHSTANDING THE PROVISIONS OF ARTICLE 70 OF TITLE 24, C.R.S. A CONSOLIDATED NOTICE SHALL BE PUBLISHED AT LEAST ONCE DURING A CALENDAR MONTH AND SHALL LIST THE PROCEEDINGS FILED SUBSEQUENT TO THOSE NAMED IN THE PREVIOUSLY PUBLISHED CONSOLIDATED NOTICE, STATING AS TO EACH PROCEEDING THE NAMES OF THE PARTNERS, THE ACTION NUMBER, THE NATURE OF THE ACTION, THAT A COPY OF THE PETITION AND SUMMONS MAY BE OBTAINED FROM THE CLERK OF THE COURT DURING REGULAR BUSINESS HOURS, AND THAT DEFAULT JUDGMENT MAY BE ENTERED AGAINST THAT PARTNER UPON WHOM SERVICE IS MADE BY SUCH NOTICE IF HE OR SHE FAILS TO APPEAR OR FILE A RESPONSE WITHIN THIRTY DAYS AFTER THE DATE OF PUBLICATION. COSTS OF PUBLICATION OF A CONSOLIDATED NOTICE MAY BE ASSESSED PRO RATA TO EACH OF THE PROCEEDINGS NAMED IN THE NOTICE; EXCEPT THAT, IF A PARTNER IS INDIGENT OR OTHERWISE UNABLE TO PAY SUCH PUBLICATION COSTS, THE COSTS SHALL BE PAID BY THE COURT FROM FUNDS APPROPRIATED FOR THE PURPOSE. SERVICE SHALL BE COMPLETE UPON SUCH PUBLICATION, AND A RESPONSE OR APPEARANCE BY THE PARTNER SERVED BY PUBLICATION UNDER THIS SUBSECTION (4) SHALL BE MADE WITHIN THIRTY DAYS THEREAFTER, OR DEFAULT JUDGMENT MAY BE ENTERED. NO LATER THAN THE DAY OF PUBLICATION, THE CLERK OF THE COURT SHALL ALSO POST FOR THIRTY CONSECUTIVE DAYS A COPY OF THE PROCESS ON A BULLETIN BOARD IN HIS OR HER OFFICE, SHALL MAIL A COPY OF THE PROCESS TO THE OTHER PARTNER AT HIS OR HER LAST­KNOWN ADDRESS, AND SHALL PLACE IN THE FILE OF THE PROCEEDING HIS OR HER CERTIFICATE OF POSTING AND MAILING. PROOF OF PUBLICATION OF THE CONSOLIDATED NOTICE SHALL BE BY PLACING IN THE FILE A COPY OF THE AFFIDAVIT OF PUBLICATION, CERTIFIED BY THE CLERK OF THE COURT TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL AFFIDAVIT ON FILE IN THE CLERK'S OFFICE.

(b) (I)  UPON THE FILING OF A PETITION FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP BY THE PETITIONER OR COPETITIONER AND UPON PERSONAL SERVICE OF THE PETITION AND SUMMONS ON THE RESPONDENT OR UPON WAIVER AND ACCEPTANCE OF SERVICE BY THE RESPONDENT, A TEMPORARY INJUNCTION SHALL BE IN EFFECT AGAINST BOTH PARTNERS UNTIL THE FINAL DECREE IS ENTERED OR THE PETITION IS DISMISSED OR UNTIL FURTHER ORDER OF THE COURT:

(A)  RESTRAINING BOTH PARTNERS FROM TRANSFERRING, ENCUMBERING, CONCEALING, OR IN ANY WAY DISPOSING OF, WITHOUT THE CONSENT OF THE OTHER PARTNER OR AN ORDER OF THE COURT, ANY DOMESTIC PARTNERSHIP PROPERTY, EXCEPT IN THE USUAL COURSE OF BUSINESS OR FOR THE NECESSITIES OF LIFE AND REQUIRING EACH PARTNER TO NOTIFY THE OTHER PARTNER OF ANY PROPOSED EXTRAORDINARY EXPENDITURES AND TO ACCOUNT TO THE COURT FOR ALL EXTRAORDINARY EXPENDITURES MADE AFTER THE INJUNCTION IS IN EFFECT; AND

(B)  ENJOINING BOTH PARTNERS FROM MOLESTING OR DISTURBING THE PEACE OF THE OTHER PARTNER.

(II)  THE PROVISIONS OF THE INJUNCTION SHALL BE PRINTED UPON THE SUMMONS AND SHALL BECOME AN ORDER OF THE COURT UPON FULFILLMENT OF THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b). HOWEVER, NOTHING IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL PRECLUDE EITHER PARTNER FROM APPLYING TO THE COURT FOR FURTHER TEMPORARY ORDERS, AN EXPANDED TEMPORARY INJUNCTION, OR MODIFICATION OR REVOCATION UNDER SECTION 14­15­205.

(5)  WITH REGARD TO THE AUTOMATIC, TEMPORARY INJUNCTION THAT BECOMES EFFECTIVE IN ACCORDANCE WITH SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (4) OF THIS SECTION WHEN A PETITION FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP IS FILED AND SERVED, WHENEVER THERE IS EXHIBITED BY THE RESPONDENT TO ANY DULY AUTHORIZED PEACE OFFICER, LEVEL I, AS DEFINED IN SECTION 18­1­901, C.R.S., OR SHERIFF A COPY OF THE PETITION AND SUMMONS DULY FILED AND ISSUED PURSUANT TO THIS SECTION, OR, IN THE CASE OF THE PETITIONER, A COPY OF THE PETITION AND SUMMONS DULY FILED AND ISSUED PURSUANT TO THIS SECTION TOGETHER WITH A CERTIFIED COPY OF THE AFFIDAVIT OF SERVICE OF PROCESS OR A CERTIFIED COPY OF THE WAIVER AND ACCEPTANCE OF SERVICE, AND THE PEACE OFFICER, LEVEL I, AS DEFINED IN SECTION 18­1­901, C.R.S., OR SHERIFF HAS CAUSE TO BELIEVE THAT A VIOLATION OF THAT PART OF THE AUTOMATIC, TEMPORARY INJUNCTION WHICH ENJOINS BOTH PARTNERS FROM MOLESTING THE OTHER PARTNER HAS OCCURRED, SUCH PEACE OFFICER, LEVEL I, AS DEFINED IN SECTION 18­1­901, C.R.S., OR SHERIFF SHALL USE EVERY REASONABLE MEANS TO ENFORCE THAT PART OF THE INJUNCTION AGAINST THE PETITIONER OR RESPONDENT. A PEACE OFFICER SHALL NOT BE HELD CIVILLY OR CRIMINALLY LIABLE FOR HIS OR HER ACTION PURSUANT TO THIS SUBSECTION (5) IF HIS OR HER ACTION IS IN GOOD FAITH AND WITHOUT MALICE.

(6)  ALL ISSUES RAISED BY THESE PROCEEDINGS SHALL BE RESOLVED BY THE COURT SITTING WITHOUT A JURY.

14­15­205. Temporary order or temporary injunction. (1)  IN A PROCEEDING FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP, EITHER PARTNER MAY MOVE FOR TEMPORARY PAYMENT OF DEBTS, USE OF PROPERTY, OR PAYMENT OF ATTORNEY FEES. THE MOTION MAY BE SUPPORTED BY AN AFFIDAVIT SETTING FORTH THE FACTUAL BASIS FOR THE MOTION AND THE AMOUNTS REQUESTED.

(2)  AS A PART OF A MOTION FOR SUCH TEMPORARY ORDERS OR BY AN INDEPENDENT MOTION ACCOMPANIED BY AN AFFIDAVIT, EITHER PARTNER MAY REQUEST THE COURT TO ISSUE A TEMPORARY INJUNCTION:

(a)  RESTRAINING ANY PARTNER FROM TRANSFERRING, ENCUMBERING, CONCEALING, OR IN ANY WAY DISPOSING OF ANY PROPERTY, EXCEPT IN THE USUAL COURSE OF BUSINESS OR FOR THE NECESSITIES OF LIFE, AND, IF SO RESTRAINED, REQUIRING HIM OR HER TO NOTIFY THE MOVING PARTNER OF ANY PROPOSED EXTRAORDINARY EXPENDITURES AND TO ACCOUNT TO THE COURT FOR ALL EXTRAORDINARY EXPENDITURES MADE AFTER THE ORDER IS ISSUED;

(b)  ENJOINING A PARTNER FROM MOLESTING OR DISTURBING THE PEACE OF THE OTHER PARTNER;

(c)  EXCLUDING A PARTNER FROM THE LEGAL DOMESTIC PARTNERSHIP HOME OR FROM THE HOME OF THE OTHER PARTNER UPON A SHOWING THAT PHYSICAL OR EMOTIONAL HARM WOULD OTHERWISE RESULT.

(3)  THE COURT MAY ISSUE A TEMPORARY RESTRAINING ORDER WITHOUT REQUIRING NOTICE TO THE OTHER PARTNER ONLY IF IT FINDS, ON THE BASIS OF THE MOVING AFFIDAVIT OR OTHER EVIDENCE, THAT IRREPARABLE INJURY WOULD RESULT TO THE MOVING PARTNER IF NO ORDER WERE ISSUED UNTIL THE TIME FOR RESPONDING HAD ELAPSED. ANY TEMPORARY RESTRAINING ORDER ISSUED PURSUANT TO THIS SECTION SHALL BE ON A STANDARDIZED FORM PRESCRIBED BY THE JUDICIAL DEPARTMENT, AND A COPY SHALL BE PROVIDED TO THE PROTECTED PARTNER.

(4)  ON THE BASIS OF THE SHOWING MADE, THE COURT MAY ISSUE A TEMPORARY INJUNCTION AND SUCH TEMPORARY ORDERS AS ARE JUST AND PROPER IN THE CIRCUMSTANCES.

(5)  A TEMPORARY ORDER OR TEMPORARY INJUNCTION:

(a)  DOES NOT PREJUDICE THE RIGHTS OF THE PARTNERS WHICH ARE TO BE ADJUDICATED AT SUBSEQUENT HEARINGS IN THE PROCEEDING;

(b)  MAY BE REVOKED OR MODIFIED PRIOR TO FINAL DECREE; AND

(c)  TERMINATES WHEN THE FINAL DECREE IS ENTERED, UNLESS CONTINUED BY THE COURT FOR GOOD CAUSE TO A DATE CERTAIN, OR WHEN THE PETITION FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP IS VOLUNTARILY DISMISSED.

(6)  ON TWO DAYS' NOTICE TO THE PARTNER WHO OBTAINED THE TEMPORARY RESTRAINING ORDER WITHOUT NOTICE OR ON SUCH SHORTER NOTICE TO THAT PARTNER AS THE COURT MAY PRESCRIBE, THE ADVERSE PARTNER MAY APPEAR AND MOVE ITS DISSOLUTION OR MODIFICATION. THE MOTION TO DISSOLVE OR MODIFY THE TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE SHALL BE SET DOWN FOR HEARING AT THE EARLIEST POSSIBLE TIME AND TAKE PRECEDENCE OVER ALL MATTERS EXCEPT OLDER MATTERS OF THE SAME CHARACTER, AND THE COURT SHALL DETERMINE SUCH MOTION AS EXPEDITIOUSLY AS THE ENDS OF JUSTICE REQUIRE.

(7)  AT THE TIME A RESTRAINING ORDER IS REQUESTED PURSUANT TO THIS SECTION, THE COURT SHALL INQUIRE ABOUT, AND THE REQUESTING PARTNER AND SUCH PARTNER'S ATTORNEY SHALL HAVE AN INDEPENDENT DUTY TO DISCLOSE, KNOWLEDGE SUCH PARTNER AND SUCH PARTNER'S ATTORNEY MAY HAVE CONCERNING THE EXISTENCE OF ANY PRIOR RESTRAINING ORDERS OF ANY COURT ADDRESSING IN WHOLE OR IN PART THE SUBJECT MATTER OF THE REQUESTED RESTRAINING ORDER.

14­15­206. Enforcement of restraining orders. THE DUTIES OF PEACE OFFICERS ENFORCING ORDERS ISSUED PURSUANT TO SECTIONS 14­15­204 AND 14­15­205 SHALL BE IN ACCORDANCE WITH SECTION 18­6­803.5, C.R.S., AND ANY RULES ADOPTED BY THE COLORADO SUPREME COURT PURSUANT TO SAID SECTION.

14­15­207. Irretrievable breakdown. (1)  IF BOTH OF THE PARTNERS BY PETITION OR OTHERWISE HAVE STATED UNDER OATH OR AFFIRMATION THAT THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN OR ONE OF THE PARTNERS HAS SO STATED AND THE OTHER HAS NOT DENIED IT, THERE IS A PRESUMPTION OF SUCH FACT, AND, UNLESS CONTROVERTED BY EVIDENCE, THE COURT SHALL, AFTER HEARING, MAKE A FINDING THAT THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN.

(2)  IF ONE OF THE PARTNERS HAS DENIED UNDER OATH OR AFFIRMATION THAT THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN, THE COURT SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING THE CIRCUMSTANCES THAT GAVE RISE TO THE FILING OF THE PETITION AND THE PROSPECT OF RECONCILIATION, AND SHALL:

(a)  MAKE A FINDING WHETHER THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN; OR

(b)  CONTINUE THE MATTER FOR FURTHER HEARING NOT LESS THAN THIRTY DAYS NOR MORE THAN SIXTY DAYS LATER, OR AS SOON THEREAFTER AS THE MATTER MAY BE REACHED ON THE COURT'S CALENDAR, AND MAY SUGGEST TO THE PARTNERS THAT THEY SEEK COUNSELING. AT THE ADJOURNED HEARING, THE COURT SHALL MAKE A FINDING WHETHER THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN.

14­15­208. Separation agreement. (1)  TO PROMOTE THE AMICABLE SETTLEMENT OF DISPUTES BETWEEN THE PARTNERS TO A LEGAL DOMESTIC PARTNERSHIP ATTENDANT UPON THEIR SEPARATION OR THE DISSOLUTION OF THEIR LEGAL DOMESTIC PARTNERSHIP, THE PARTNERS MAY ENTER INTO A WRITTEN SEPARATION AGREEMENT CONTAINING PROVISIONS FOR THE DISPOSITION OF ANY PROPERTY OWNED BY EITHER OF THEM.

(2)  IN A PROCEEDING FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP, THE TERMS OF THE SEPARATION AGREEMENT ARE BINDING UPON THE COURT UNLESS IT FINDS, AFTER CONSIDERING THE ECONOMIC CIRCUMSTANCES OF THE PARTNERS AND ANY OTHER RELEVANT EVIDENCE PRODUCED BY THE PARTNERS, ON THEIR OWN MOTION OR ON REQUEST OF THE COURT, THAT THE SEPARATION AGREEMENT IS UNCONSCIONABLE.

(3)  IF THE COURT FINDS THE SEPARATION AGREEMENT UNCONSCIONABLE, THE COURT MAY REQUEST THE PARTNERS TO SUBMIT A REVISED SEPARATION AGREEMENT, OR THE COURT MAY MAKE ORDERS FOR THE DISPOSITION OF PROPERTY.

(4)  IF THE COURT FINDS THAT THE SEPARATION AGREEMENT IS NOT UNCONSCIONABLE AS TO PROPERTY:

(a)  UNLESS THE SEPARATION AGREEMENT PROVIDES TO THE CONTRARY, ITS TERMS SHALL BE SET FORTH IN THE DECREE OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP, AND THE PARTNERS SHALL BE ORDERED TO PERFORM THEM; OR

(b)  IF THE SEPARATION AGREEMENT PROVIDES THAT ITS TERMS SHALL NOT BE SET FORTH IN THE DECREE, THE DECREE SHALL IDENTIFY THE SEPARATION AGREEMENT AND SHALL STATE THAT THE COURT HAS FOUND THE TERMS NOT UNCONSCIONABLE.

(5)  TERMS OF THE AGREEMENT SET FORTH IN THE DECREE MAY BE ENFORCED BY ALL REMEDIES AVAILABLE FOR THE ENFORCEMENT OF A JUDGMENT, INCLUDING CONTEMPT, BUT ARE NO LONGER ENFORCEABLE AS CONTRACT TERMS.

(6)  THE DECREE MAY EXPRESSLY PRECLUDE OR LIMIT MODIFICATION OF TERMS SET FORTH IN THE DECREE IF THE SEPARATION AGREEMENT SO PROVIDES.

14­15­209. Disposition of property. (1)  IN A PROCEEDING FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP OR IN A PROCEEDING FOR DISPOSITION OF PROPERTY FOLLOWING THE PREVIOUS DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP BY A COURT, WHICH AT THE TIME OF THE PRIOR DISSOLUTION OF THE LEGAL DOMESTIC PARTNERSHIP LACKED PERSONAL JURISDICTION OVER THE ABSENT PARTNER OR LACKED JURISDICTION TO DISPOSE OF THE PROPERTY, THE COURT SHALL SET APART TO EACH PARTNER HIS OR HER PROPERTY AND SHALL DIVIDE THE DOMESTIC PARTNERSHIP PROPERTY, WITHOUT REGARD TO MISCONDUCT, IN SUCH PROPORTIONS AS THE COURT DEEMS JUST AFTER CONSIDERING ALL RELEVANT FACTORS INCLUDING:

(a)  THE CONTRIBUTION OF EACH PARTNER TO THE ACQUISITION OF THE DOMESTIC PARTNERSHIP PROPERTY;

(b)  THE VALUE OF THE PROPERTY SET APART TO EACH PARTNER;

(c)  THE ECONOMIC CIRCUMSTANCES OF EACH PARTNER AT THE TIME THE DIVISION OF PROPERTY IS TO BECOME EFFECTIVE; AND

(d)  ANY INCREASES OR DECREASES IN THE VALUE OF THE SEPARATE PROPERTY OF EACH PARTNER DURING THE LEGAL DOMESTIC PARTNERSHIP OR THE DEPLETION OF THE SEPARATE PROPERTY FOR DOMESTIC PARTNERSHIP PURPOSES.

(2)  ALL PROPERTY ACQUIRED BY EITHER PARTNER SUBSEQUENT TO THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP AND PRIOR TO A DECREE OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP IS PRESUMED TO BE DOMESTIC PARTNERSHIP PROPERTY, REGARDLESS OF WHETHER TITLE IS HELD INDIVIDUALLY OR BY THE PARTNERS IN SOME FORM OF COOWNERSHIP SUCH AS JOINT TENANCY, TENANCY IN COMMON, TENANCY BY THE ENTIRETY, OR COMMUNITY PROPERTY. THE PRESUMPTION OF DOMESTIC PARTNERSHIP PROPERTY IS OVERCOME BY A SHOWING THAT THE PROPERTY WAS ACQUIRED BY A METHOD LISTED IN SECTION 14­15­103 (3).

(3)  FOR PURPOSES OF THIS ARTICLE ONLY, AN ASSET OF A PARTNER ACQUIRED PRIOR TO THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP OR IN ACCORDANCE WITH SECTION 14­15­103 (3) (a) OR (3) (b) SHALL BE CONSIDERED AS DOMESTIC PARTNERSHIP PROPERTY TO THE EXTENT THAT ITS PRESENT VALUE EXCEEDS ITS VALUE AT THE TIME OF THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP OR AT THE TIME OF ACQUISITION IF ACQUIRED AFTER THE DECLARATION OF LEGAL DOMESTIC PARTNERSHIP.

(4)  FOR PURPOSES OF THIS SECTION ONLY, PROPERTY SHALL BE VALUED AS OF THE DATE OF THE DECREE OR AS OF THE DATE OF THE HEARING ON DISPOSITION OF PROPERTY IF SUCH HEARING PRECEDES THE DATE OF THE DECREE.

14­15­210. Maintenance. (1)  IN A PROCEEDING FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP OR A PROCEEDING FOR MAINTENANCE FOLLOWING DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP BY A COURT, THE COURT MAY GRANT A MAINTENANCE ORDER FOR EITHER PARTNER ONLY IF IT FINDS THAT THE PARTNER SEEKING MAINTENANCE:

(a)  LACKS SUFFICIENT PROPERTY, INCLUDING DOMESTIC PARTNERSHIP PROPERTY APPORTIONED TO SUCH PARTNER, TO PROVIDE FOR HIS OR HER REASONABLE NEEDS; AND

(b)  IS UNABLE TO SUPPORT HIMSELF OR HERSELF THROUGH APPROPRIATE EMPLOYMENT OR IS THE CUSTODIAN OF A CHILD WHOSE CONDITION OR CIRCUMSTANCES MAKE IT APPROPRIATE THAT THE CUSTODIAN NOT BE REQUIRED TO SEEK EMPLOYMENT OUTSIDE THE HOME.

(2)  THE MAINTENANCE ORDER SHALL BE IN SUCH AMOUNTS AND FOR SUCH PERIODS OF TIME AS THE COURT DEEMS JUST, WITHOUT REGARD TO MISCONDUCT, AND AFTER CONSIDERING ALL RELEVANT FACTORS INCLUDING:

(a)  THE FINANCIAL RESOURCES OF THE PARTNER SEEKING MAINTENANCE, INCLUDING DOMESTIC PARTNERSHIP PROPERTY APPORTIONED TO THAT PARTNER, AND HIS OR HER ABILITY TO MEET HIS OR HER NEEDS INDEPENDENTLY;

(b)  THE TIME NECESSARY TO ACQUIRE SUFFICIENT EDUCATION OR TRAINING TO ENABLE THE PARTNER SEEKING MAINTENANCE TO FIND APPROPRIATE EMPLOYMENT AND THAT PARTNER'S FUTURE EARNING CAPACITY;

(c)  THE STANDARD OF LIVING ESTABLISHED DURING THE LEGAL DOMESTIC PARTNERSHIP;

(d)  THE DURATION OF THE LEGAL DOMESTIC PARTNERSHIP;

(e)  THE AGE AND THE PHYSICAL AND EMOTIONAL CONDITION OF THE PARTNER SEEKING MAINTENANCE; AND

(f)  THE ABILITY OF THE PARTNER FROM WHOM MAINTENANCE IS SOUGHT TO MEET HIS OR HER NEEDS WHILE MEETING THOSE OF THE PARTNER SEEKING MAINTENANCE.

14­15­211. Assignments and enforcement of orders. THE COURT HAS THE POWER TO REQUIRE SECURITY TO BE GIVEN TO INSURE ENFORCEMENT OF ITS ORDERS, IN ADDITION TO OTHER METHODS OF ENFORCING COURT ORDERS PRESCRIBED BY STATUTE OR BY THE COLORADO RULES OF CIVIL PROCEDURE.

14­15­212. Attorney fees. THE COURT FROM TIME TO TIME, AFTER CONSIDERING THE FINANCIAL RESOURCES OF BOTH PARTNERS, MAY ORDER A PARTNER TO PAY A REASONABLE AMOUNT FOR THE COST TO THE OTHER PARTNER OF MAINTAINING OR DEFENDING ANY PROCEEDING UNDER THIS PART 2 AND FOR ATTORNEY FEES, INCLUDING SUMS FOR LEGAL SERVICES RENDERED AND COSTS INCURRED PRIOR TO THE COMMENCEMENT OF THE PROCEEDING OR AFTER ENTRY OF JUDGMENT. THE COURT MAY ORDER THAT THE AMOUNT BE PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE ORDER IN HIS OR HER NAME.

14­15­213. Decree. (1)  A DECREE OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP IS FINAL WHEN ENTERED, SUBJECT TO THE RIGHT OF APPEAL. AN APPEAL FROM THE DECREE OF DISSOLUTION THAT DOES NOT CHALLENGE THE FINDING THAT THE LEGAL DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN DOES NOT DELAY THE FINALITY OF THAT PROVISION OF THE DECREE WHICH DISSOLVES THE LEGAL DOMESTIC PARTNERSHIP BEYOND THE TIME FOR APPEALING FROM THAT PROVISION, SO THAT EITHER OF THE PARTNERS MAY ENTER INTO ANOTHER LEGAL DOMESTIC PARTNERSHIP OR MARRIAGE PENDING APPEAL.

(2)  THE CLERK OF THE COURT SHALL GIVE NOTICE OF THE ENTRY OF A DECREE OF DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP TO THE OFFICE OF STATE REGISTRAR OF VITAL STATISTICS IN THE DIVISION OF ADMINISTRATION OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, WHICH OFFICE SHALL MAKE THIS INFORMATION AVAILABLE TO THE PUBLIC UPON REQUEST.

14­15­214. Dissolution of legal domestic partnership upon affidavit ­ requirement. (1)  FINAL ORDERS IN A PROCEEDING FOR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP MAY BE ENTERED UPON THE AFFIDAVIT OF EITHER OR BOTH PARTNERS WHEN:

(a)  BOTH PARTNERS ARE REPRESENTED BY COUNSEL AND HAVE ENTERED INTO A SEPARATION AGREEMENT; AND

(b)  THE ADVERSE PARTNER IS SERVED IN THE MANNER PROVIDED BY THE COLORADO RULES OF CIVIL PROCEDURE; AND

(c)  THERE IS NO GENUINE ISSUE AS TO ANY MATERIAL FACT; AND

(d)  THERE IS NO DOMESTIC PARTNERSHIP PROPERTY TO BE DIVIDED OR THE PARTNERS HAVE ENTERED INTO AN AGREEMENT FOR THE DIVISION OF THEIR DOMESTIC PARTNERSHIP PROPERTY.

(2)  IF ONE PARTNER DESIRES TO SUBMIT THE MATTER FOR ENTRY OF FINAL ORDERS UPON AN AFFIDAVIT, THE SUBMITTING PARTNER SHALL FILE HIS OR HER AFFIDAVIT SETTING FORTH SWORN TESTIMONY SHOWING THE COURT'S JURISDICTION AND FACTUAL AVERMENTS SUPPORTING THE RELIEF REQUESTED IN THE PROCEEDING TOGETHER WITH A COPY OF THE PROPOSED DECREE, A COPY OF ANY SEPARATION AGREEMENT PROPOSED FOR ADOPTION BY THE COURT, AND ANY OTHER SUPPORTING EVIDENCE. THE FILING OF SUCH AFFIDAVIT SHALL NOT BE DEEMED TO SHORTEN ANY STATUTORY WAITING PERIOD REQUIRED FOR ENTRY OF A DECREE OF DISSOLUTION.

(3)  THE COURT SHALL NOT BE BOUND TO ENTER A DECREE UPON THE AFFIDAVITS OF EITHER OR BOTH PARTNERS, BUT THE COURT MAY, UPON ITS OWN MOTION, REQUIRE THAT A FORMAL HEARING BE HELD TO DETERMINE ANY OR ALL ISSUES PRESENTED BY THE PLEADINGS.

14­15­215. Modification and termination of provisions for maintenance and property disposition. (1) (a)  EXCEPT AS OTHERWISE PROVIDED IN SECTION 14­15­208, THE PROVISIONS OF ANY DECREE RESPECTING MAINTENANCE MAY BE MODIFIED ONLY AS TO INSTALLMENTS ACCRUING SUBSEQUENT TO THE MOTION FOR MODIFICATION AND ONLY UPON A SHOWING OF CHANGED CIRCUMSTANCES SO SUBSTANTIAL AND CONTINUING AS TO MAKE THE TERMS UNFAIR. THE PROVISIONS AS TO PROPERTY DISPOSITION MAY NOT BE REVOKED OR MODIFIED UNLESS THE COURT FINDS THE EXISTENCE OF CONDITIONS THAT JUSTIFY THE REOPENING OF A JUDGMENT.

(b)  IN ANY ACTION OR PROCEEDING IN ANY COURT OF THIS STATE IN WHICH MAINTENANCE IS ORDERED, A PAYMENT BECOMES A FINAL MONEY JUDGMENT WHEN IT IS DUE AND NOT PAID. SUCH PAYMENT SHALL NOT BE RETROACTIVELY MODIFIED EXCEPT PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1) AND MAY BE ENFORCED AS OTHER JUDGMENTS WITHOUT FURTHER ACTION BY THE COURT. SUCH A JUDGMENT IS ENTITLED TO FULL FAITH AND CREDIT AND MAY BE ENFORCED IN ANY COURT OF THIS STATE OR ANY OTHER STATE. IN ORDER TO ENFORCE A JUDGMENT, THE JUDGMENT CREDITOR SHALL FILE WITH THE COURT THAT ISSUED THE ORDER A VERIFIED ENTRY OF JUDGMENT SPECIFYING THE PERIOD OF TIME THAT THE JUDGMENT COVERS AND THE TOTAL AMOUNT OF THE JUDGMENT FOR THAT PERIOD. A VERIFIED ENTRY OF JUDGMENT IS NOT REQUIRED TO BE SIGNED BY AN ATTORNEY.

(c)  IF MAINTENANCE IS MODIFIED PURSUANT TO THIS SECTION, THE MODIFICATION SHOULD BE EFFECTIVE AS OF THE DATE OF THE FILING OF THE MOTION, UNLESS THE COURT FINDS THAT IT WOULD CAUSE UNDUE HARDSHIP OR SUBSTANTIAL INJUSTICE. IN NO INSTANCE SHALL THE ORDER BE RETROACTIVELY MODIFIED PRIOR TO THE DATE OF FILING. THE COURT MAY MODIFY INSTALLMENTS OF MAINTENANCE DUE BETWEEN THE FILING OF THE MOTION AND THE ENTRY OF THE ORDER EVEN IF THE CIRCUMSTANCES JUSTIFYING THE MODIFICATION NO LONGER EXIST AT THE TIME THE ORDER IS ENTERED.

(2)  UNLESS OTHERWISE AGREED IN WRITING OR EXPRESSLY PROVIDED IN THE DECREE, THE OBLIGATION TO PAY FUTURE MAINTENANCE IS TERMINATED UPON THE DEATH OF EITHER PARTNER OR THE ENTRY INTO A NEW LEGAL DOMESTIC PARTNERSHIP OR MARRIAGE BY THE PARTNER RECEIVING MAINTENANCE.

14­15­301. Visitation at health care facilities. A LEGAL DOMESTIC PARTNER SHALL BE ENTITLED TO VISIT HIS OR HER PARTNER WHO IS A PATIENT AT A HEALTH CARE FACILITY, AS WOULD ANY OTHER MEMBER OF A PATIENT'S IMMEDIATE FAMILY, IN COMPLIANCE WITH THE FACILITY'S ESTABLISHED VISITING RULES OF SUCH FACILITY.

14­15­302. Funeral and burial arrangements. A LEGAL DOMESTIC PARTNER SHALL BE ENTITLED TO MAKE THE FUNERAL AND BURIAL ARRANGEMENTS FOR HIS OR HER DECEASED PARTNER.

SECTION 2. 13­21­201 (1), Colorado Revised Statutes, 1987 Repl. Vol., is amended, and the said 13­21­201 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

13­21­201. Damages for death. (1)  When any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent of any officer, agent, servant, or employee while running, conducting, or managing any locomotive, car, or train of cars, or of any driver of any coach or other conveyance operated for the purpose of carrying either freight or passengers for hire while in charge of the same as a driver, and when any passenger dies from an injury resulting from or occasioned by any defect or insufficiency in any railroad or any part thereof, or in any locomotive or car, or other conveyance operated for the purpose of carrying either freight or passengers for hire, the corporation or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer, or driver is at the time such injury is committed, or who owns any such railroad, locomotive, car, or other conveyance operated for the purpose of carrying either freight or passengers for hire at the time any such injury is received, and resulting from or occasioned by the defect or insufficiency above described shall forfeit and pay for every person and passenger so injured the sum of not exceeding ten thousand dollars and not less than three thousand dollars, which may be sued for and recovered:

(a)  In the first year after such death:

(I)  By the spouse OR LEGAL DOMESTIC PARTNER of the deceased;

(II)  Upon the written election of the spouse OR LEGAL DOMESTIC PARTNER, by the spouse OR LEGAL DOMESTIC PARTNER and the heir or heirs of the deceased;

(III)  Upon the written election of the spouse OR LEGAL DOMESTIC PARTNER, by the heir or heirs of the deceased; or

(IV)  If there is no spouse OR LEGAL DOMESTIC PARTNER, by the heir or heirs of the deceased.

(b) (I)  In the second year after such death:

(A)  By the spouse OR LEGAL DOMESTIC PARTNER of the deceased;

(B)  By the heir or heirs of the deceased; or

(C)  By the spouse OR LEGAL DOMESTIC PARTNER and the heir or heirs of the deceased.

(II)  However, if the heir or heirs of the deceased commence an action under the provisions of sub­subparagraph (B) of subparagraph (I) of this paragraph (b), the spouse OR LEGAL DOMESTIC PARTNER, upon motion filed within ninety days after service of written notice of the commencement of the action upon him OR HER, shall be allowed to join the action as a party plaintiff.

(3)  FOR PURPOSES OF THIS SECTION, "LEGAL DOMESTIC PARTNER" HAS THE SAME MEANING AS PROVIDED IN SECTION 14­15­103 (4), C.R.S.

SECTION 3. 13­32­101 (1) (a) and (1) (b), Colorado Revised Statutes, 1987 Repl. Vol., as amended, are amended to read:

13­32­101. Docket fees in civil actions ­ support registry fund created. (1)  At the time of first appearance in all civil actions and special proceedings in all courts of record, except in the supreme court and the court of appeals, and except in the probate proceedings in the district court or probate court of the city and county of Denver, and except as provided in subsection (2) of this section and in sections 13­32­103 and 13­32­104, there shall be paid in advance the total docket fees, as follows:

(a)  By the petitioner in a proceeding for dissolution of marriage, DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP, legal separation, or declaration of invalidity of marriage and by the petitioner in an action for a declaratory judgment concerning the status of marriage, a fee of ninety dollars;

(b)  By the respondent in a proceeding for dissolution of marriage, DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP, legal separation, or declaration of invalidity of marriage and by the respondent to an action for a declaratory judgment concerning the status of marriage, prior to July 1, 1997, a fee of forty dollars, and, on or after July 1, 1997, a fee of forty­five dollars;

SECTION 4. 15­10­201, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

15­10­201. General definitions. Subject to additional definitions contained in the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this code: (30.5)  "LEGAL DOMESTIC PARTNER" HAS THE SAME MEANING AS PROVIDED IN SECTION 14­15­103 (4), C.R.S.

SECTION 5. 15­11­102, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

15­11­102. Share of spouse or legal domestic partner. The various possible circumstances describing the decedent, his or her surviving spouse, HIS OR HER SURVIVING LEGAL DOMESTIC PARTNER, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER shall be applied.

(1)  If:

(a)  No descendant or parent of the decedent survives the decedent, then the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER receives the entire intestate estate; or

(b)  All of the decedent's surviving descendants are also descendants of the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER and there are no other descendants of the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER who survive the decedent, then the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER receives the entire intestate estate;

(2)  If no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent, then the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER receives the first two hundred thousand dollars, plus three­fourths of any balance of the intestate estate;

(3)  If all of the decedent's surviving descendants are also descendants of the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER, and the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER has one or more surviving descendants who are not descendants of the decedent, then the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER receives the first one hundred fifty thousand dollars, plus one­half of any balance of the intestate estate;

(4)  If one or more of the decedent's surviving descendants are not descendants of the decedent's surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER, and all of such surviving descendants who are children of the decedent are adults, then the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER receives the first one hundred thousand dollars, plus one­half of any balance of the intestate estate;

(5)  If one or more of the decedent's surviving descendants are not descendants of the decedent's surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER, and if one or more of such descendants who are children of the decedent are minors, then the surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER receives one­half of the intestate estate.

SECTION 6. The introductory portion to 15­11­103, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

15­11­103. Share of heirs other than surviving spouse or legal domestic partner. Any part of the intestate estate not passing to the decedent's surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER under section 15­11­102, or the entire intestate estate if there is no surviving spouse OR SURVIVING LEGAL DOMESTIC PARTNER, passes in the following order to the individuals designated who survive the decedent:

SECTION 7. 15­14­301 (1) and (2), Colorado Revised Statutes, 1987 Repl. Vol., as amended, are amended to read:

15­14­301. Appointment of guardian for incapacitated person by will or other writing. (1)  The parent of an unmarried incapacitated person WHO IS NOT MARRIED OR IS NOT A PARTY TO A LEGAL DOMESTIC PARTNERSHIP may appoint, by will or other writing signed by the parent and attested by at least two witnesses, a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated, a parental appointment becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having the care of the person or to the nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. If both parents are dead, an effective appointment by the parent who dies later has priority.

(2)  The spouse of a married incapacitated person OR THE LEGAL DOMESTIC PARTNER OF AN INCAPACITATED PERSON may appoint, by will or other writing signed by the spouse OR LEGAL DOMESTIC PARTNER and attested by at least two witnesses, a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having the care of the incapacitated person or to the nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. An effective appointment by a spouse OR LEGAL DOMESTIC PARTNER has priority over an appointment by a parent.

SECTION 8. 15­14­309 (1) (a) and (2), Colorado Revised Statutes, 1987 Repl. Vol., are amended to read:

15­14­309. Notices in guardianship proceedings. (1)  In a proceeding for the appointment or removal of a guardian of an incapacitated person, other than the appointment of a temporary guardian or temporary suspension of a guardian, and in proceedings for an adjudication that a ward is no longer incapacitated, notice of hearing shall be given to each of the following:

(a)  The ward or the person alleged to be incapacitated and his OR HER spouse, LEGAL DOMESTIC PARTNER, parents, and adult children;

(2)  Notice shall be served personally on the alleged incapacitated person and his OR HER spouse OR LEGAL DOMESTIC PARTNER and parents if they can be found within the state. Notice to the spouse OR LEGAL DOMESTIC PARTNER and parents, if they cannot be found within the state, and to all other persons, except the alleged incapacitated person, shall be given as provided in section 15­10­401. Waiver of notice by the person alleged to be incapacitated is not effective unless he OR SHE attends the hearing or his OR HER waiver of notice is confirmed in an interview with the visitor. Representation of the alleged incapacitated person by a guardian ad litem is not necessary, except as required under section 15­14­303 (2) and (5) (b).

SECTION 9. 15­14­311 (2) (b), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

15­14­311. Who may be guardian ­ priorities. (2)  Subject to a determination by the court of the best interests of the incapacitated person, persons who are not disqualified have priority for appointment as guardian in the following order:

(b)  The spouse OR LEGAL DOMESTIC PARTNER of the incapacitated person;

SECTION 10. The introductory portion to 15­14­312 (1) and 15­14­312 (1) (d) (II), Colorado Revised Statutes, 1987 Repl. Vol., are amended to read:

15­14­312. General powers and duties of guardian. (1)  Subject to any limitation or restriction of the guardian's powers or duties set forth in the order of appointment and endorsed on the letters of guardianship, a guardian of an incapacitated person has the same powers, rights, and duties respecting his OR HER ward that a parent has respecting his OR HER unemancipated minor child; except that a guardian is not required to provide from his OR HER own funds for the incapacitated person, and, except as specifically provided by law, a guardian is not liable to third persons for acts of the ward solely by reason of the parental relationship. In particular, and without qualifying the provisions of this introductory portion, a guardian has the following powers and duties, except as modified by order of the court:

(d)  If no conservator for the estate of the ward has been appointed, the guardian may:

(II)  Receive money and tangible property deliverable to the ward and apply the money and property for support, care, and education of the ward; but he OR SHE may not use funds from his OR HER ward's estate for room and board which he THE GUARDIAN, his OR HER spouse OR LEGAL DOMESTIC PARTNER, parent, or child has furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible. He OR SHE must exercise care to conserve any excess for the ward's needs.

SECTION 11. 25­2­106, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

25­2­106. Reports of marriage and domestic partnerships. Each county clerk and recorder shall prepare a report containing such information and using such form as may be prescribed and furnished by the state registrar with respect to every duly executed marriage certificate that is returned in accordance with section 14­2­109, C.R.S., AND EVERY DULY EXECUTED DECLARATION OF LEGAL DOMESTIC PARTNERSHIP REGISTERED IN ACCORDANCE WITH SECTION 14­15­104, C.R.S. On or before the tenth day of each month, or more frequently if so requested by the state registrar, such clerk and recorder shall forward to the state registrar all such marriage AND LEGAL DOMESTIC PARTNERSHIP reports for all marriage certificates AND DECLARATIONS OF LEGAL DOMESTIC PARTNERSHIPS returned in the preceding period. Certified copies of marriage certificates OR DECLARATIONS OF LEGAL DOMESTIC PARTNERSHIPS may be issued by any clerk and recorder.

SECTION 12. 25­2­116 (3), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

25­2­116. Institutions to keep records ­ persons to furnish information. (3)  Any person having knowledge of the facts shall furnish such information as he OR SHE may possess regarding any birth, death, fetal death, adoption, marriage, LEGAL DOMESTIC PARTNERSHIP, or dissolution of marriage, OR DISSOLUTION OF LEGAL DOMESTIC PARTNERSHIP upon demand of the state registrar.

SECTION 13. 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.