Colorado 2024 Regular Session

Colorado Senate Bill SB193 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-1114.01 Megan McCall x4215
18 SENATE BILL 24-193
2-BY SENATOR(S) Danielson and Simpson, Bridges, Buckner, Coleman,
3-Cutter, Exum, Fields, Gardner, Ginal, Gonzales, Hansen, Jaquez Lewis,
4-Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Michaelson Jenet,
5-Mullica, Priola, Rich, Roberts, Rodriguez, Will, Winter F., Fenberg;
6-also REPRESENTATIVE(S) Duran and Pugliese, Amabile, Bacon, Bird,
7-Boesenecker, Brown, DeGraaf, deGruy Kennedy, English, Epps, Frizell,
8-Froelich, Garcia, Hamrick, Hernandez, Jodeh, Joseph, Kipp, Lieder,
9-Lindsay, Lukens, Lynch, Mabrey, Martinez, Marvin, McLachlan, Ortiz,
10-Ricks, Rutinel, Sirota, Snyder, Soper, Story, Titone, Valdez, Velasco, Vigil,
11-Weissman, Willford, Wilson, Woodrow, Young, McCluskie
12-.
9+Senate Committees House Committees
10+State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
11+A BILL FOR AN ACT
1312 C
14-ONCERNING A REQUIREMENT THAT ANY ANNEXATION OF LANDS WITHIN
15-THE EXTERIOR BOUNDARIES OF A RESERVATION OF A FEDERALLY
16-RECOGNIZED
17-INDIAN TRIBE BE APPROVED BY THE TRIBAL COUNCIL OF
18-THE
19-INDIAN TRIBE.
20-
21-Be it enacted by the General Assembly of the State of Colorado:
22-SECTION 1. In Colorado Revised Statutes, 31-12-102, amend
23-(1)(f) and (1)(g); and add (1)(h) as follows:
24-31-12-102. Legislative declaration. (1) The general assembly
25-NOTE: This bill has been prepared for the signatures of the appropriate legislative
26-officers and the Governor. To determine whether the Governor has signed the bill
27-or taken other action on it, please consult the legislative status sheet, the legislative
28-history, or the Session Laws.
29-________
30-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31-through words or numbers indicate deletions from existing law and such material is not part of
32-the act. hereby declares that the policies and procedures in this part 1 are necessary
33-and desirable for the orderly growth of urban communities in the state of
34-Colorado, and to these ends this part 1 shall be liberally construed. The
35-general assembly further declares that it is the purpose of this part 1:
36-(f) To reduce friction among contiguous or neighboring
37-municipalities; and
38-(g) To increase the ability of municipalities in urban areas to provide
39-their citizens with the services they require;
40-AND
41-(h) TO RESPECT THE SOVEREIGNTY OF FEDERALLY RECOGNIZED
42-INDIAN TRIBES WITH LANDS WITHIN THE EXTERIOR BOUNDARIES OF A
43-FEDERALLY RECOGNIZED
44-INDIAN RESERVATION AND WITHIN THE EXTERIOR
45-BOUNDARIES OF THE STATE
46-, TO REDUCE THE JURISDICTIONAL COMPLEXITIES
47-THAT ARISE WHEN MUNICIPALITIES ANNEX
48-INDIAN RESERVATION LAND, AND
49-TO ENSURE COOPERATION AND COLLABORATION BY MUNICIPALITIES WITH
50-TRIBAL GOVERNMENTS
51-.
52-SECTION 2. In Colorado Revised Statutes, 31-12-105, amend (1)
53-introductory portion; and add (1)(i) as follows:
54-31-12-105. Limitations. (1) Notwithstanding any provisions of this
55-part 1 to the contrary, the following limitations shall
56- apply to all
57-annexations:
13+ONCERNING A REQUIREMENT THAT ANY ANNEXATION OF L ANDS101
14+WITHIN THE EXTERIOR BOUNDARIES OF A RESERVATION OF A102
15+FEDERALLY RECOGNIZED INDIAN TRIBE BE APPROVED BY THE103
16+TRIBAL COUNCIL OF THE INDIAN TRIBE.104
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill makes any annexation of lands within the exterior
25+boundaries of a reservation of a federally recognized Indian tribe located
26+within the state into the boundaries of a municipality invalid unless there
27+HOUSE
28+3rd Reading Unamended
29+May 4, 2024
30+HOUSE
31+2nd Reading Unamended
32+May 3, 2024
33+SENATE
34+3rd Reading Unamended
35+April 26, 2024
36+SENATE
37+2nd Reading Unamended
38+April 25, 2024
39+SENATE SPONSORSHIP
40+Danielson and Simpson, Bridges, Buckner, Coleman, Cutter, Exum, Fenberg, Fields,
41+Gardner, Ginal, Gonzales, Hansen, Jaquez Lewis, Kirkmeyer, Kolker, Liston, Lundeen,
42+Marchman, Michaelson Jenet, Mullica, Priola, Rich, Roberts, Rodriguez, Will, Winter F.
43+HOUSE SPONSORSHIP
44+Duran and Pugliese, Amabile, Bacon, Bird, Boesenecker, Brown, DeGraaf, deGruy
45+Kennedy, English, Epps, Frizell, Froelich, Garcia, Hamrick, Hernandez, Jodeh, Joseph, Kipp,
46+Lieder, Lindsay, Lukens, Lynch, Mabrey, Martinez, Marvin, McCluskie, McLachlan, Ortiz,
47+Ricks, Rutinel, Sirota, Snyder, Soper, Story, Titone, Valdez, Velasco, Vigil, Weissman,
48+Willford, Wilson, Woodrow, Young
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. is a resolution or ordinance approving the annexation by the tribal council
52+or other governing body of the federally recognized Indian tribe within
53+whose reservation the annexation will occur.
54+Be it enacted by the General Assembly of the State of Colorado:1
55+SECTION 1. In Colorado Revised Statutes, 31-12-102, amend2
56+(1)(f) and (1)(g); and add (1)(h) as follows:3
57+31-12-102. Legislative declaration. (1) The general assembly4
58+hereby declares that the policies and procedures in this part 1 are5
59+necessary and desirable for the orderly growth of urban communities in6
60+the state of Colorado, and to these ends this part 1 shall be liberally7
61+construed. The general assembly further declares that it is the purpose of8
62+this part 1:9
63+(f) To reduce friction among contiguous or neighboring10
64+municipalities; and11
65+(g) To increase the ability of municipalities in urban areas to12
66+provide their citizens with the services they require;
67+AND13
68+(h) T
69+O RESPECT THE SOVEREIGNTY OF FEDERALLY RECOGNIZED14
70+I
71+NDIAN TRIBES WITH LANDS WITHIN THE EXTERIOR BOUNDARIES OF A15
72+FEDERALLY RECOGNIZED INDIAN RESERVATION AND WITHIN THE EXTERIOR16
73+BOUNDARIES OF THE STATE , TO REDUCE THE JURISDICTIONAL17
74+COMPLEXITIES THAT ARISE WHEN MUNICIPALITIES ANNEX INDIAN18
75+RESERVATION LAND, AND TO ENSURE COOPERATION AND COLLABORATION19
76+BY MUNICIPALITIES WITH TRIBAL GOVERNMENTS .20
77+SECTION 2. In Colorado Revised Statutes, 31-12-105, amend21
78+(1) introductory portion; and add (1)(i) as follows:22
79+31-12-105. Limitations. (1) Notwithstanding any provisions of23
80+this part 1 to the contrary, the following limitations shall
81+ apply to all24
82+193-2- annexations:1
5883 (i) F
59-OR ANY ANNEXATION THAT WILL RESULT IN ANNEXATION OF
60-LANDS WITHIN THE EXTERIOR BOUNDARIES OF A RESERVATION OF A
61-FEDERALLY RECOGNIZED
62-INDIAN TRIBE LOCATED WITHIN THE STATE , NO
63-ANNEXATION PURSUANT TO SECTION
64-31-12-106 OR ANNEXATION PETITION
65-OR PETITION FOR AN ANNEXATION ELECTION PURSUANT TO SECTION
66-31-12-107 IS VALID UNLESS ACCOMPANIED BY A RESOLUTION OR ORDINANCE
67-OF THE TRIBAL COUNCIL OR OTHER GOVERNING BODY OF THE FEDERALLY
68-RECOGNIZED
69-INDIAN TRIBE WITHIN WHOSE RESERVATION THE ANNEXATION
70-WILL OCCUR APPROVING THE ANNEXATION
71-. THIS SUBSECTION (1)(i) APPLIES
72-TO ANNEXATION OF ALL LANDS WITHIN THE EXTERIOR BOUNDARIES OF A
73-RESERVATION OF A FEDERALLY RECOGNIZED
74-INDIAN TRIBE LOCATED WITHIN
75-THE STATE REGARDLESS OF THE STATUS OF THE LANDS SOUGHT TO BE
76-ANNEXED
77-.
78-PAGE 2-SENATE BILL 24-193 SECTION 3. Applicability. This act applies to annexations
79-pursuant to section 31-12-106, C.R.S., or annexation petitions or petitions
80-for an annexation election pursuant to section 31-12-107, C.R.S., on or after
81-the effective date of this act.
82-SECTION 4. Safety clause. The general assembly finds,
83-determines, and declares that this act is necessary for the immediate
84-PAGE 3-SENATE BILL 24-193 preservation of the public peace, health, or safety or for appropriations for
85-the support and maintenance of the departments of the state and state
86-institutions.
87-____________________________ ____________________________
88-Steve Fenberg Julie McCluskie
89-PRESIDENT OF SPEAKER OF THE HOUSE
90-THE SENATE OF REPRESENTATIVES
91-____________________________ ____________________________
92-Cindi L. Markwell Robin Jones
93-SECRETARY OF CHIEF CLERK OF THE HOUSE
94-THE SENATE OF REPRESENTATIVES
95- APPROVED________________________________________
96- (Date and Time)
97- _________________________________________
98- Jared S. Polis
99- GOVERNOR OF THE STATE OF COLORADO
100-PAGE 4-SENATE BILL 24-193
84+OR ANY ANNEXATION THAT WILL RESULT IN ANNEXATION OF2
85+LANDS WITHIN THE EXTERIOR BOUNDARIES OF A RESERVATION OF A3
86+FEDERALLY RECOGNIZED INDIAN TRIBE LOCATED WITHIN THE STATE , NO4
87+ANNEXATION PURSUANT TO SECTION 31-12-106 OR ANNEXATION PETITION5
88+OR PETITION FOR AN ANNEXATION ELECTION PURSUANT TO SECTION6
89+31-12-107
90+ IS VALID UNLESS ACCOMPANIED BY A RESOLUTION OR7
91+ORDINANCE OF THE TRIBAL COUNCIL OR OTHER GOVERNING BODY OF THE8
92+FEDERALLY RECOGNIZED INDIAN TRIBE WITHIN WHOSE RESERVATION THE9
93+ANNEXATION WILL OCCUR APPROVING THE ANNEXATION . THIS10
94+SUBSECTION (1)(i) APPLIES TO ANNEXATION OF ALL LANDS WITHIN THE11
95+EXTERIOR BOUNDARIES OF A RESERVATION OF A FEDERALLY RECOGNIZED12
96+I
97+NDIAN TRIBE LOCATED WITHIN THE STATE REGARDLESS OF THE STATUS OF13
98+THE LANDS SOUGHT TO BE ANNEXED .14
99+SECTION 3. Applicability. This act applies to annexations15
100+pursuant to section 31-12-106, C.R.S., or annexation petitions or petitions16
101+for an annexation election pursuant to section 31-12-107, C.R.S., on or17
102+after the effective date of this act.18
103+SECTION 4. Safety clause. The general assembly finds,19
104+determines, and declares that this act is necessary for the immediate20
105+preservation of the public peace, health, or safety or for appropriations for21
106+the support and maintenance of the departments of the state and state22
107+institutions.23
108+193
109+-3-