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AC4CED7E78DAB41087258936007287CD Hearing Summary




PUBLIC
BILL SUMMARY For UNIFORM FAMILY LAW ARBITRATION ACT

JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Jan 13, 2023      
Location HCR 0112



Uniform Family Law Arbitration Act - To be introduced as a Senate Bill


01:51:00 PM  
Kaela Zihlman
with the Family Law Section of the CBA,
shared that the legislative
committee of the section has been reviewing the uniform act, but that the
section has not taken a formal position on it yet. The section would like
some time to ensure that the uniform act does not interfere with current
statutory provisions in article 10 of title 14. There are two portions
that outline provisions for arbitration in family law cases, 14-10-128.3
and 14-10-128.5, C.R.S.  In particular, 14-10-128.3, C.R.S. regarding
decision-makers seems to be unique to Colorado. The section would like
the opportunity to explore the nuances between the uniform act and existing
statutes. Commissioner McGihon asked how much time might be needed.
01:54:43 PM  
Tyler Mounsey,
Director of Legislative Relations of the CBA,
responded to the commission
question regarding the amount of time needed for the CBA review that the
section is ready to work on it and although it needs some time, it would
not necessarily need until the next legislative session.
01:55:35 PM  

Commissioner Scott raised concerns about equity issues as this is a less expensive alternative to contested cases or having a private judge and people need relief now. Ms. Zihlman responded that the two statutes previously mentioned do allow for arbitration for quicker relief. The uniform act addresses some of the pieces already in place in the statutes but it does have some pieces that differ or conflict. For example, under the uniform act individuals acting as arbitrators are required to undergo additional training, such as regarding domestic violence, but that is not a requirement under Colorado law. Commissioner McGihon suggested that the act be introduced and then held for the CBA amendments. Commissioner Levy confirmed that the section did not need the time for a complex harmonization of the act only some more time to thoroughly review it.

02:02:19 PM  

Commissioner Gardner moved that the Uniform Family Law Arbitration Act be introduced by the regular filing deadline as a commission bill, with the understanding that legislative action would be delayed until the bar has provided input. Commissioner Mielke seconded and the motion passed without objection. Commissioner Gardner agreed to sponsor the bill and start it in the Senate.



02:02:30 PM
Motion The Uniform Family Law Arbitration Act be introduced by the regular filing deadline as a commission bill, with the understanding that legislative action would be delayed until the bar has provided input.
Moved Gardner
Seconded
Alicia Duran
Gardner
Thomas Grimshaw Excused
Yelana Love
Donald Mielke
Charley Pike Excused
Sara Scott
Tipper Excused
Claire Levy
Anne McGihon
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection






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