First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0345.01 Alana Rosen x2606
SENATE BILL 25-061
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CONSTRUCTION OF LAWS REGARDING FEDERALLY101
RECOGNIZED TRIBES IN COLORADO.102
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
.)
Current Colorado laws do not always expressly provide whether
the laws apply to the Southern Ute Indian Tribe (Tribe). The bill creates
a rule of construction that a law does not apply to the Tribe unless the law
clearly and expressly states that the law applies to the Tribe.
The bill further clarifies that:
! Any law passed by the general assembly applies to persons
SENATE
Amended 2nd Reading
March 20, 2025
SENATE SPONSORSHIP
Simpson,
HOUSE SPONSORSHIP
Weinberg and Joseph, Duran
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. other than Indians and to those persons' conduct on land
within the Southern Ute Indian reservation (reservation) in
which no interest is owned by the Tribe or tribally
controlled entities, or on lands in which no interest is
owned by Indians and is held in trust or restricted status by
the United States; and
! The civil and criminal laws of the state of Colorado (state)
apply to Indians and persons other than Indians within the
boundaries of a municipality located within the reservation;
except that this does not limit the concurrent jurisdiction of
the Tribe over conduct of Indians enrolled in the Tribe
within a municipality.
The bill reinforces that these rules of construction do not:
! Preclude or limit the authority of the Tribe's governing
bodies from enacting legislation that consents to the
application of laws passed by the general assembly;
! Abrogate the sovereign immunity of the state or the Tribe;
or
! Affect the rights of the state, the Tribe, or other persons to
pursue legal remedies that may be available to contest the
application of laws passed by the general assembly.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 5 to article2
4 of title 2 as follows:3
PART 54
CONSTRUCTION OF LAWS5
FOR THE SOUTHERN UTE INDIAN TRIBE6
AND THE SOUTHERN UTE INDIAN RESERVATION7
2-4-501. Purpose - legislative declaration. (1) T
HE GENERAL8
ASSEMBLY FINDS AND DECLARES THAT IN THE ABSENCE OF CLEAR9
EXPRESSIONS OF LEGISLATIVE INTENT REGARDING WHETHER LEGISLATION10
IS INTENDED TO APPLY TO THE TRIBE, ITS OFFICIALS AND EMPLOYEES
11
ACTING IN THEIR OFFICIAL CAPACITIES, TRIBALLY CONTROLLED ENTITIES,12
OR TO TRIBAL LANDS WITHIN THE RESERVATION , THE RESULTING13
061-2- AMBIGUITY SUBSTANTIALLY INCREASES THE LIKELIHOOD OF1
UNNECESSARY JURISDICTIONAL DISPUTES BETWEEN THE STATE OF2
C
OLORADO, THE TRIBE, AND ENTITIES OR PERSONS WHO ARE SUBJECT TO3
THE LAWS OF THE STATE OF COLORADO OR THE TRIBE.4
(2) T
HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT THE5
PURPOSE OF THIS PART 5 IS TO ESTABLISH RULES FOR THE CONSTRUCTION6
OF LAWS PASSED BY THE GENERAL ASSEMBLY TO LIMIT THE7
INTERPRETATION AND APPLICATION OF LAWS TO THE TRIBE, ITS OFFICIALS
8
AND EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES , TRIBALLY9
CONTROLLED ENTITIES, AND TRIBAL LANDS WITHIN THE RESERVATION .10
2-4-502. Definitions. A
S USED IN THIS PART 5, UNLESS THE11
CONTEXT OTHERWISE REQUIRES :12
13
(1) "MUNICIPALITY" MEANS THE TOWN OF IGNACIO OR ANY OTHER14
MUNICIPALITY THAT IS LOCATED ENTIRELY WITHIN THE RESERVATION AND15
IS INCORPORATED PURSUANT TO THE LAWS OF THE STATE .16
(2) "RESERVATION" MEANS THE SOUTHERN UTE INDIAN17
RESERVATION, THE EXTERIOR BOUNDARIES OF WHICH ARE DEFINED IN THE18
ACT OF MAY 21, 1984, PUB.L. 98-290, 98 STAT. 201 (FOUND AT THE19
"
OTHER PROVISIONS" NOTE TO 25 U.S.C. SEC. 668).20
(3)
"STATE" MEANS THE STATE OF COLORADO.21
(4) "T
RIBAL LANDS" MEANS LANDS OWNED IN FEE SIMPLE BY THE
22
T
RIBE OR A TRIBALLY CONTROLLED ENTITY , AND TRUST LANDS ,
23
INCLUDING LAND ASSIGNMENTS AND ALLOTMENTS WITHIN THE EXTERIOR24
BOUNDARIES OF THE RESERVATION .25
(5) "TRIBALLY CONTROLLED ENTITY " MEANS A DIVISION OF THE26
T
RIBE OR A BUSINESS ORGANIZATION THAT IS A SUBSIDIARY OWNED BY27
061
-3- THE TRIBE OR AN AFFILIATE IN WHICH THE TRIBE OWNS A CONTROLLING1
INTEREST.2
(6) "TRIBE" MEANS THE SOUTHERN UTE INDIAN TRIBE.3
2-4-503. Rules of construction. (1) I
F THE GENERAL ASSEMBLY
4
ENACTS A NEW LAW OR MATERIALLY AMENDS AN EXISTING LAW THAT IS5
SILENT AS TO ITS APPLICATION TO THE TRIBE OR TO TRIBALLY6
CONTROLLED ENTITIES; PURPORTS TO APPLY STATEWIDE ; OR GRANTS A7
GOVERNMENTAL AGENCY OR ENTITY CIVIL , CRIMINAL OR REGULATORY8
AUTHORITY, IT IS PRESUMED THAT THE LAW DOES NOT APPLY WITHIN THE9
EXTERIOR BOUNDARIES OF THE RESERVATION TO THE TRIBE, ITS OFFICIALS10
AND EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITY , A TRIBALLY11
CONTROLLED ENTITY, OR TO TRIBAL LANDS.12
(2) N
OTHING IN THIS PART 5 INTENDS TO MODIFY FEDERAL LAW ,
13
INCLUDING, BUT NOT LIMITED TO, PUB.L. 98-290, 98 STAT. 201 AND THE14
RULES PUB.L. 98-290, 98 STAT. 201 ESTABLISHED FOR JURISDICTION15
WITHIN THE RESERVATION BOUNDARIES .16
(3) N
OTHING IN THIS PART 5 IS INTENDED TO APPLY OUTSIDE OF
17
THE RESERVATION BOUNDARIES .18
(4) T
HE CIVIL AND CRIMINAL LAWS OF THE STATE ARE PRESUMED
19
TO APPLY WITHIN A MUNICIPALITY TO INDIANS AND PERSONS OTHER THAN20
I
NDIANS AS SET FORTH IN PUB.L. 98-290, 98 STAT. 201; EXCEPT THAT
21
NOTHING IN THIS PART 5 LIMITS THE CONCURRENT JURISDICTION OF THE22
T
RIBE OVER THE CONDUCT OF INDIANS WITHIN A MUNICIPALITY.
23
2-4-504. Tribal consent to application of state laws. 24
(1) N
OTHING IN THIS PART 5 PREVENTS THE TRIBE FROM REQUESTING
25
INCLUSION IN LEGISLATION PENDING BEFORE THE GENERAL ASSEMBLY .26
(2) T
HE GOVERNOR AND STATE AGENCIES , IN EXERCISING THE
27
061
-4- POWERS OF THE EXECUTIVE BRANCH, MAY DETERMINE THAT THE TRIBE OR1
THE TRIBE'S GOVERNMENTAL DIVISIONS ARE ELIGIBLE FOR PARTICIPATION2
IN STATE PROGRAMS AND GRANT FUNDING THAT MAY BE USED WITHIN THE3
RESERVATION AND THAT ARE DESIGNED TO IMPROVE INFRASTRUCTURE ,4
HEALTH CARE AND TREATMENT , TELECOMMUNICATIONS ,5
TRANSPORTATION, EDUCATION, LAW ENFORCEMENT , ENVIRONMENTAL6
PROTECTIONS, WILDLIFE RESOURCE MANAGEMENT , WATER MANAGEMENT,7
OR OTHER GOVERNMENTAL FUNCTIONS AND SERVICES , EVEN IF THE LAW8
CREATING THE PROGRAM DOES NOT EXPLICITLY AUTHORIZE9
PARTICIPATION BY THE TRIBE. 10
2-4-505. Preservation of sovereign immunity - preservation of11
legal remedies. (1) N
OTHING IN THIS PART 5 IS INTENDED TO ABROGATE12
THE SOVEREIGN IMMUNITY OF THE STATE OR THE TRIBE.13
(2) N
OTHING IN THIS PART 5 IS INTENDED TO AFFECT THE RIGHT OF14
THE STATE, THE TRIBE, OR OTHER PERSONS TO PURSUE LEGAL REMEDIES15
THAT MAY BE AVAILABLE TO CONTEST THE APPLICATION OF LAWS PASSED16
BY THE GENERAL ASSEMBLY .17
SECTION 2. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly; except that, if a referendum petition is filed pursuant21
to section 1 (3) of article V of the state constitution against this act or an22
item, section, or part of this act within such period, then the act, item,23
section, or part will not take effect unless approved by the people at the24
general election to be held in November 2026 and, in such case, will take25
effect on the date of the official declaration of the vote thereon by the26
governor.27
061
-5- (2) This act applies to laws passed on or after the applicable1
effective date of this act.2
061
-6-