Amendments for SB25-061
Senate Journal, March 18
After consideration on the merits, the Committee recommends that SB25-061 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 2, line 11, strike "ITS MEMBERS," and substitute "ITS
OFFICIALS AND EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES,".
Page 2, line 12, strike "INDIANS CONDUCTING ACTIVITIES" and substitute
"TRIBAL LANDS".
Page 3, strike lines 8 through 10 and substitute "INTERPRETATION AND
APPLICATION OF LAWS TO THE TRIBE, ITS OFFICIALS AND EMPLOYEES ACTING IN
THEIR OFFICIAL CAPACITIES, TRIBALLY CONTROLLED ENTITIES, AND TRIBAL
LANDS WITHIN THE RESERVATION.".
Page 3, strike lines 13 through 17.
Renumber succeeding subsections accordingly.
Page 3, after line 25 insert:
"(4) "TRIBAL LANDS" MEANS LANDS OWNED IN FEE SIMPLE BY THE
TRIBE OR A TRIBALLY CONTROLLED ENTITY, AND TRUST LANDS, INCLUDING
LAND ASSIGNMENTS AND ALLOTMENTS WITHIN THE EXTERIOR BOUNDARIES OF
THE RESERVATION.".
Renumber succeeding subsections accordingly.
Page 4, strike lines 4 through 24 and substitute:
"2-4-503. Rules of construction. (1) IF THE GENERAL ASSEMBLY
ENACTS A NEW LAW OR MATERIALLY AMENDS AN EXISTING LAW THAT IS SILENT
AS TO ITS APPLICATION TO THE TRIBE OR TO TRIBALLY CONTROLLED ENTITIES;
PURPORTS TO APPLY STATEWIDE; OR GRANTS A GOVERNMENTAL AGENCY OR
ENTITY CIVIL, CRIMINAL OR REGULATORY AUTHORITY, IT IS PRESUMED THAT
THE LAW DOES NOT APPLY WITHIN THE EXTERIOR BOUNDARIES OF THE
RESERVATION TO THE TRIBE, ITS OFFICIALS AND EMPLOYEES ACTING IN THEIR
OFFICIAL CAPACITY, A TRIBALLY CONTROLLED ENTITY, OR TO TRIBAL LANDS.
(2) NOTHING IN THIS PART 5 INTENDS TO MODIFY FEDERAL LAW,
INCLUDING, BUT NOT LIMITED TO, PUB.L. 98-290, 98 STAT. 201 AND THE RULES
PUB.L. 98-290, 98 STAT. 201 ESTABLISHED FOR JURISDICTION WITHIN THE
RESERVATION BOUNDARIES.
(3) NOTHING IN THIS PART 5 IS INTENDED TO APPLY OUTSIDE OF THE
RESERVATION BOUNDARIES.
(4) THE CIVIL AND CRIMINAL LAWS OF THE STATE ARE PRESUMED TO
APPLY WITHIN A MUNICIPALITY TO INDIANS AND PERSONS OTHER THAN INDIANS
AS SET FORTH IN PUB.L. 98-290, 98 STAT. 201; EXCEPT THAT NOTHING IN THIS
PART 5 LIMITS THE CONCURRENT JURISDICTION OF THE TRIBE OVER THE
CONDUCT OF INDIANS WITHIN A MUNICIPALITY.".
Page 4, strike lines 26 and 27.
Page 5, strike lines 1 through 14 and substitute:
"(1) NOTHING IN THIS PART 5 PREVENTS THE TRIBE FROM REQUESTING
INCLUSION IN LEGISLATION PENDING BEFORE THE GENERAL ASSEMBLY.
(2) THE GOVERNOR AND STATE AGENCIES, IN EXERCISING THE POWERS
OF THE".
Page 5, line 24, strike "TRIBE OR THE RESERVATION." and substitute "TRIBE.".
House Journal, April 29
13 SB25-061 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend reengrossed bill, page 2, line 13, strike "TO".
18
19 Page 4, line 8, strike "CRIMINAL" and substitute "CRIMINAL,".
20
21 Page 4, line 11, strike "CAPACITY," and substitute "CAPACITIES,".
22
23 Page 4, line 12, strike "TRIBAL" and substitute "TRIBAL".
24
25 Page 5, after line 17 insert:
26
27 "SECTION 2. In Colorado Revised Statutes, add part 6 to article
28 4 of title 2 as follows:
29
6 30 PART
31 CONSTRUCTION OF LAWS
32 FOR THE UTE MOUNTAIN UTE TRIBE
33 AND THE UTE MOUNTAIN UTE RESERVATION
34 2-4-601. Purpose - legislative declaration. (1) THE GENERAL
35 ASSEMBLY FINDS AND DECLARES THAT IN THE ABSENCE OF CLEAR
36 EXPRESSIONS OF LEGISLATIVE INTENT REGARDING WHETHER LEGISLATION
37 IS INTENDED TO APPLY TO THE TRIBE, ITS OFFICIALS AND EMPLOYEES
38 ACTING IN THEIR OFFICIAL CAPACITIES, TRIBALLY CONTROLLED ENTITIES,
39 OR TRIBAL LANDS WITHIN THE RESERVATION, THE RESULTING AMBIGUITY
40 SUBSTANTIALLY INCREASES THE LIKELIHOOD OF UNNECESSARY
41 JURISDICTIONAL DISPUTES BETWEEN THE STATE OF COLORADO, THE TRIBE,
42 AND ENTITIES OR PERSONS WHO ARE SUBJECT TO THE LAWS OF THE STATE
43 OF COLORADO OR THE TRIBE.
44 (2) THE GENERAL ASSEMBLY FINDS, THEREFORE, THAT THE
45 PURPOSE OF THIS PART 6 IS TO ESTABLISH RULES FOR THE CONSTRUCTION
46 OF LAWS PASSED BY THE GENERAL ASSEMBLY TO LIMIT THE
47 INTERPRETATION AND APPLICATION OF LAWS TO THE TRIBE, ITS OFFICIALS
48 AND EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES, TRIBALLY
49 CONTROLLED ENTITIES, AND TRIBAL LANDS WITHIN THE RESERVATION.
50 2-4-602. Definitions. AS USED IN THIS PART 6, UNLESS THE
51 CONTEXT OTHERWISE REQUIRES:
52 (1) "RESERVATION" MEANS THE RESERVATION IN COLORADO OF
53 THE UTE MOUNTAIN UTE TRIBE.
54 (2) "STATE" MEANS THE STATE OF COLORADO.
55
1 (3) "TRIBAL LANDS" MEANS THE LAND OF AN INDIAN TRIBE THAT
2 IS:
3 (a) HELD IN TRUST BY THE UNITED STATES; OR
4 (b) SUBJECT TO RESTRICTION AGAINST ALIENATION IMPOSED BY
5 THE UNITED STATES; AND
6 (c) OWNED IN FEE SIMPLE, RESTRICTED FEE, OR BY A TRIBALLY
7 CONTROLLED ENTITY.
8 (4) "TRIBALLY CONTROLLED ENTITY" MEANS A DIVISION OF THE
9 TRIBE OR A BUSINESS ORGANIZATION THAT IS A SUBSIDIARY OWNED BY
10 THE TRIBE OR AN AFFILIATE IN WHICH THE TRIBE OWNS A CONTROLLING
11 INTEREST.
12 (5) "TRIBE" MEANS THE UTE MOUNTAIN UTE TRIBE.
13 2-4-603. Rules of construction. (1) IF THE GENERAL ASSEMBLY
14 ENACTS A NEW LAW OR MATERIALLY AMENDS AN EXISTING LAW THAT IS
15 SILENT AS TO ITS APPLICATION TO THE TRIBE OR TO TRIBALLY
16 CONTROLLED ENTITIES; PURPORTS TO APPLY STATEWIDE; OR GRANTS A
17 GOVERNMENTAL AGENCY OR ENTITY CIVIL, CRIMINAL, OR REGULATORY
18 AUTHORITY, IT IS PRESUMED THAT THE LAW DOES NOT APPLY WITHIN THE
19 EXTERIOR BOUNDARIES OF THE RESERVATION TO THE TRIBE, ITS OFFICIALS
20 AND EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES, A TRIBALLY
21 CONTROLLED ENTITY, OR TO TRIBAL LANDS.
22 (2) NOTHING IN THIS PART 6 INTENDS TO MODIFY FEDERAL LAW.
23 (3) NOTHING IN THIS PART 6 IS INTENDED TO APPLY OUTSIDE OF
24 THE RESERVATION BOUNDARIES.
25 2-4-604. Tribal consent to application of state laws.
26 (1) NOTHING IN THIS PART 6 PREVENTS THE TRIBE FROM REQUESTING
27 INCLUSION IN LEGISLATION PENDING BEFORE THE GENERAL ASSEMBLY.
28 (2) THE GOVERNOR AND STATE AGENCIES, IN EXERCISING THE
29 POWERS OF THE EXECUTIVE BRANCH, MAY DETERMINE THAT THE TRIBE OR
30 THE TRIBE'S GOVERNMENTAL DIVISIONS ARE ELIGIBLE FOR PARTICIPATION
31 IN STATE PROGRAMS AND GRANT FUNDING THAT MAY BE USED WITHIN THE
32 RESERVATION AND THAT ARE DESIGNED TO IMPROVE INFRASTRUCTURE,
33 HEALT H C A R E A N D T R E A T M E N T , T E LE C O M M U N ICA T IONS ,
34 TRANSPORTATION, EDUCATION, LAW ENFORCEMENT, ENVIRONMENTAL
35 PROTECTIONS, WILDLIFE RESOURCE MANAGEMENT, WATER MANAGEMENT,
36 OR OTHER GOVERNMENTAL FUNCTIONS AND SERVICES, EVEN IF THE LAW
37 CREATING THE PROGRAM DOES NOT EXPLICITLY AUTHORIZE
38 PARTICIPATION BY THE TRIBE.
39 2-4-605. Preservation of sovereign immunity - preservation of
40 legal remedies. (1) NOTHING IN THIS PART 6 IS INTENDED TO ABROGATE
41 THE SOVEREIGN IMMUNITY OF THE STATE OR THE TRIBE.
42 (2) NOTHING IN THIS PART 6 IS INTENDED TO AFFECT THE RIGHT OF
43 THE STATE, THE TRIBE, OR OTHER PERSONS TO PURSUE LEGAL REMEDIES
44 THAT MAY BE AVAILABLE TO CONTEST THE APPLICATION OF LAWS PASSED
45 BY THE GENERAL ASSEMBLY.".
46
47 Renumber succeeding section accordingly.
48
49
House Journal, April 30
8 Amendment No. 1, State, Civic, Military, & Veterans Affairs Report,
9 dated April 29, 2025, and placed in member’s bill file; Report also printed
10 in House Journal, April 29, 2025.
11
12 Amendment No. 2, by Representative Luck:
13
14 Amend the State, Civic, Military, and Veterans Affairs Committee
15 Report, dated April 29, 2025, page 1, strike lines 3 and 4 and substitute:
16
17 "Page 4 of the bill, strike lines 9 through 12 and substitute "AUTHORITY,
18 IT IS PRESUMED THAT THE LAW DOES NOT APPLY WITHIN THE EXTERIOR
19 BOUNDARIES OF THE RESERVATION TO THE TRIBE, INCLUDING THE TRIBE'S
20 OFFICIALS AND EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES, TO A
21 TRIBALLY CONTROLLED ENTITY, OR TO TRIBAL LANDS.".".
22
23 Page 2 of the report, strike lines 11 through 17 and substitute:
24
25 "(3) "TRIBAL LANDS" MEANS LANDS WITHIN THE EXTERIOR
26 BOUNDARIES OF THE RESERVATION THAT ARE OWNED IN FEE SIMPLE BY
27 THE TRIBE OR A TRIBALLY CONTROLLED ENTITY. "TRIBAL LANDS" ALSO
28 MEANS TRUST LANDS, INCLUDING LAND ASSIGNMENTS AND ALLOTMENTS,
29 WITHIN THE EXTERIOR BOUNDARIES OF THE RESERVATION.".
30
31 Page 2 of the report, strike lines 28 through 31 and substitute
32 "AUTHORITY, IT IS PRESUMED THAT THE LAW DOES NOT APPLY WITHIN THE
33 EXTERIOR BOUNDARIES OF THE RESERVATION TO THE TRIBE, INCLUDING
34 THE TRIBE'S OFFICIALS AND EMPLOYEES ACTING IN THEIR OFFICIAL
35 CAPACITIES, TO A TRIBALLY CONTROLLED ENTITY, OR TO TRIBAL LANDS.".
36
37 Amendment No. 3, by Representative Joseph:
38
39 Amend reengrossed bill, page 3, strike lines 22 through 25 and substitute:
40
41 "(4) "TRIBAL LANDS" MEANS LANDS WITHIN THE EXTERIOR
42 BOUNDARIES OF THE RESERVATION THAT ARE OWNED IN FEE SIMPLE BY
43 THE TRIBE OR A TRIBALLY CONTROLLED ENTITY. "TRIBAL LANDS" ALSO
44 MEANS TRUST LANDS, INCLUDING LAND ASSIGNMENTS AND ALLOTMENTS,
45 WITHIN THE EXTERIOR BOUNDARIES OF THE RESERVATION.".
46
47 As amended, ordered revised and placed on the Calendar for Third
48 Reading and Final Passage.
49