Colorado Legislative Council Staff
LOCAL
FISCAL NOTE
No State General Fund Impact
Drafting Number: Prime Sponsor(s): |
LLS 99-0305 Sen. Pascoe |
Date: Bill Status: Fiscal Analyst: |
January 12, 1999 Senate Judiciary Susan Colling (303-866-4784) |
TITLE: CONCERNING INTESTATE SUCCESSION FOR COMMITTED PARTNERS, AND, IN CONNECTION THEREWITH, INSTITUTING A PROCEDURE FOR THE ESTABLISHMENT OF COMMITTED PARTNERSHIPS.
Fiscal Impact Summary |
FY 1999/2000 |
FY 2000/2001 |
State Revenues General Fund |
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State Expenditures General Fund |
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FTE Position Change |
0.0 FTE |
0.0 FTE |
Other State Impact: TABOR |
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Effective Date: Upon signature of the Governor |
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Appropriation Summary for FY 1999-2000: None |
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Local Government Impact: Impact on the County Clerk and Recorder (See Local Government Impact Section) |
Summary of Legislation
The bill authorizes committed partners to stand in the same position and inherit from their deceased partners in the same way that a surviving spouse would inherit from their deceased spouse. To address the intestacy succession, the bill amends the provisions of the "Colorado Probate Code". The bill defines "committed partner" as a person who is a party to a committed partnership and defines "committed partnership" as a partnership between two adults who share a relationship. The bill provides five pieces of criteria that must be present for a committed partnership to fall under this definition and qualify for the bill's provisions.
Local Government Impact
The bill would have a fiscal impact only on local government. Currently, under the legal definition of marriage, a surviving spouse inherits the estate of a deceased spouse when a legal will has not been made. Colorado does not recognize same sex marriages, and therefore, should one partner become deceased without a legal will, the surviving partner is not entitled to the estate of the deceased
The bill adds language to the Probate Code to allow the inheritance of a deceased partner, having met the criteria set forth in the bill to inherit in the same way of a legal spouse. The bill requires a notarized affidavit to be filed with the county clerk and recorder in the county where one of the partners resides, along with a $7.00 filing fee. Additionally, should two committed partners wish to terminate their partnership, a notarized affidavit requesting termination must be filed with the county clerk and recorder where the original affidavit for a committed partnership was filed, with an additional $7.00 filing fee. As a result of filing requirements and collection of required fees, there would be a fiscal impact on local units of government. The workload of the county clerk and recorders would increase as a result of the extra filing procedures and the changes that would need to be implemented in computer programming. Since the affidavits would be permanent records, a system of filing and retrieval would need to be developed and implemented, in addition to setting aside space for the storage of the records. Although the number of persons filing an affidavit committing to a partnership or terminating a partnership cannot be estimated, the bill would increase the workload of the county clerk and recorders at the local level.
Spending Authority
This fiscal note implies that no additional spending authority or appropriation is required for FY 1999-00 to implement the provisions of the bill.
Departments Contacted
Judicial Local Affairs