SENATE BILL 24-193
BY SENATOR(S) Danielson and Simpson, Bridges, Buckner, Coleman,
Cutter, Exum, Fields, Gardner, Ginal, Gonzales, Hansen, Jaquez Lewis,
Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Michaelson Jenet,
Mullica, Priola, Rich, Roberts, Rodriguez, Will, Winter F., Fenberg;
also REPRESENTATIVE(S) 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, McLachlan, Ortiz,
Ricks, Rutinel, Sirota, Snyder, Soper, Story, Titone, Valdez, Velasco, Vigil,
Weissman, Willford, Wilson, Woodrow, Young, McCluskie
.
C
ONCERNING A REQUIREMENT THAT ANY ANNEXATION OF LANDS WITHIN
THE EXTERIOR BOUNDARIES OF A RESERVATION OF A FEDERALLY
RECOGNIZED
INDIAN TRIBE BE APPROVED BY THE TRIBAL COUNCIL OF
THE
INDIAN TRIBE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 31-12-102, amend
(1)(f) and (1)(g); and add (1)(h) as follows:
31-12-102. Legislative declaration. (1) The general assembly
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. hereby declares that the policies and procedures in this part 1 are necessary
and desirable for the orderly growth of urban communities in the state of
Colorado, and to these ends this part 1 shall be liberally construed. The
general assembly further declares that it is the purpose of this part 1:
(f) To reduce friction among contiguous or neighboring
municipalities; and
(g) To increase the ability of municipalities in urban areas to provide
their citizens with the services they require;
AND
(h) TO RESPECT THE SOVEREIGNTY OF FEDERALLY RECOGNIZED
INDIAN TRIBES WITH LANDS WITHIN THE EXTERIOR BOUNDARIES OF A
FEDERALLY RECOGNIZED
INDIAN RESERVATION AND WITHIN THE EXTERIOR
BOUNDARIES OF THE STATE
, TO REDUCE THE JURISDICTIONAL COMPLEXITIES
THAT ARISE WHEN MUNICIPALITIES ANNEX
INDIAN RESERVATION LAND, AND
TO ENSURE COOPERATION AND COLLABORATION BY MUNICIPALITIES WITH
TRIBAL GOVERNMENTS
.
SECTION 2. In Colorado Revised Statutes, 31-12-105, amend (1)
introductory portion; and add (1)(i) as follows:
31-12-105. Limitations. (1) Notwithstanding any provisions of this
part 1 to the contrary, the following limitations shall
apply to all
annexations:
(i) F
OR ANY ANNEXATION THAT WILL RESULT IN ANNEXATION OF
LANDS WITHIN THE EXTERIOR BOUNDARIES OF A RESERVATION OF A
FEDERALLY RECOGNIZED
INDIAN TRIBE LOCATED WITHIN THE STATE , NO
ANNEXATION PURSUANT TO SECTION
31-12-106 OR ANNEXATION PETITION
OR PETITION FOR AN ANNEXATION ELECTION PURSUANT TO SECTION
31-12-107 IS VALID UNLESS ACCOMPANIED BY A RESOLUTION OR ORDINANCE
OF THE TRIBAL COUNCIL OR OTHER GOVERNING BODY OF THE FEDERALLY
RECOGNIZED
INDIAN TRIBE WITHIN WHOSE RESERVATION THE ANNEXATION
WILL OCCUR APPROVING THE ANNEXATION
. THIS SUBSECTION (1)(i) APPLIES
TO ANNEXATION OF ALL LANDS WITHIN THE EXTERIOR BOUNDARIES OF A
RESERVATION OF A FEDERALLY RECOGNIZED
INDIAN TRIBE LOCATED WITHIN
THE STATE REGARDLESS OF THE STATUS OF THE LANDS SOUGHT TO BE
ANNEXED
.
PAGE 2-SENATE BILL 24-193 SECTION 3. Applicability. This act applies to annexations
pursuant to section 31-12-106, C.R.S., or annexation petitions or petitions
for an annexation election pursuant to section 31-12-107, C.R.S., on or after
the effective date of this act.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 3-SENATE BILL 24-193 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 24-193