Colorado 2024 2024 Regular Session

Colorado Senate Bill SB193 Amended / Bill

Filed 05/04/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-1114.01 Megan McCall x4215
SENATE BILL 24-193
Senate Committees House Committees
State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT ANY ANNEXATION OF L	ANDS101
WITHIN THE EXTERIOR BOUNDARIES OF A RESERVATION OF A102
FEDERALLY RECOGNIZED INDIAN TRIBE BE APPROVED BY THE103
TRIBAL COUNCIL OF THE INDIAN TRIBE.104
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://leg.colorado.gov
.)
The bill makes any annexation of lands within the exterior
boundaries of a reservation of a federally recognized Indian tribe located
within the state into the boundaries of a municipality invalid unless there
HOUSE
3rd Reading Unamended
May 4, 2024
HOUSE
2nd Reading Unamended
May 3, 2024
SENATE
3rd Reading Unamended
April 26, 2024
SENATE
2nd Reading Unamended
April 25, 2024
SENATE SPONSORSHIP
Danielson and Simpson, Bridges, Buckner, Coleman, Cutter, Exum, Fenberg, Fields,
Gardner, Ginal, Gonzales, Hansen, Jaquez Lewis, Kirkmeyer, Kolker, Liston, Lundeen,
Marchman, Michaelson Jenet, Mullica, Priola, Rich, Roberts, Rodriguez, Will, Winter F.
HOUSE SPONSORSHIP
Duran and Pugliese, Amabile, Bacon, Bird, Boesenecker, Brown, DeGraaf, deGruy
Kennedy, English, Epps, Frizell, Froelich, Garcia, Hamrick, Hernandez, Jodeh, Joseph, Kipp,
Lieder, Lindsay, Lukens, Lynch, Mabrey, Martinez, Marvin, McCluskie, McLachlan, Ortiz,
Ricks, Rutinel, Sirota, Snyder, Soper, Story, Titone, Valdez, Velasco, Vigil, Weissman,
Willford, Wilson, Woodrow, Young
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. is a resolution or ordinance approving the annexation by the tribal council
or other governing body of the federally recognized Indian tribe within
whose reservation the annexation will occur.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 31-12-102, amend2
(1)(f) and (1)(g); and add (1)(h) as follows:3
31-12-102.  Legislative declaration. (1)  The general assembly4
hereby declares that the policies and procedures in this part 1 are5
necessary and desirable for the orderly growth of urban communities in6
the state of Colorado, and to these ends this part 1 shall be liberally7
construed. The general assembly further declares that it is the purpose of8
this part 1:9
(f)  To reduce friction among contiguous or neighboring10
municipalities; and11
(g)  To increase the ability of municipalities in urban areas to12
provide their citizens with the services they require; 
AND13
(h)  T
O RESPECT THE SOVEREIGNTY OF FEDERALLY RECOGNIZED14
I
NDIAN TRIBES WITH LANDS WITHIN THE EXTERIOR BOUNDARIES OF A15
FEDERALLY RECOGNIZED INDIAN RESERVATION AND WITHIN THE EXTERIOR16
BOUNDARIES OF THE STATE , TO REDUCE THE JURISDICTIONAL17
COMPLEXITIES THAT ARISE WHEN MUNICIPALITIES ANNEX INDIAN18
RESERVATION LAND, AND TO ENSURE COOPERATION AND COLLABORATION19
BY MUNICIPALITIES WITH TRIBAL GOVERNMENTS .20
SECTION 2. In Colorado Revised Statutes, 31-12-105, amend21
(1) introductory portion; and add (1)(i) as follows:22
31-12-105.  Limitations. (1)  Notwithstanding any provisions of23
this part 1 to the contrary, the following limitations shall
 apply to all24
193-2- annexations:1
(i)  F
OR ANY ANNEXATION THAT WILL RESULT IN ANNEXATION OF2
LANDS WITHIN THE EXTERIOR BOUNDARIES OF A RESERVATION OF A3
FEDERALLY RECOGNIZED INDIAN TRIBE LOCATED WITHIN THE STATE , NO4
ANNEXATION PURSUANT TO SECTION 	31-12-106 OR ANNEXATION PETITION5
OR PETITION FOR AN ANNEXATION ELECTION PURSUANT TO SECTION6
31-12-107
 IS VALID UNLESS ACCOMPANIED BY A RESOLUTION OR7
ORDINANCE OF THE TRIBAL COUNCIL OR OTHER GOVERNING BODY OF THE8
FEDERALLY RECOGNIZED INDIAN TRIBE WITHIN WHOSE RESERVATION THE9
ANNEXATION WILL OCCUR APPROVING THE 	ANNEXATION	. THIS10
SUBSECTION (1)(i) APPLIES TO ANNEXATION OF ALL LANDS WITHIN THE11
EXTERIOR BOUNDARIES OF A RESERVATION OF A FEDERALLY RECOGNIZED12
I
NDIAN TRIBE LOCATED WITHIN THE STATE REGARDLESS OF THE STATUS OF13
THE LANDS SOUGHT TO BE ANNEXED .14
SECTION 3. Applicability. This act applies to annexations15
pursuant to section 31-12-106, C.R.S., or annexation petitions or petitions16
for an annexation election pursuant to section 31-12-107, C.R.S., on or17
after the effective date of this act.18
SECTION 4. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
193
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