House Committee of Reference Report
Committee on State, Civic, Military, & Veterans Affairs
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April 29, 2025
After consideration on the merits, the Committee recommends the following:
SB25-061 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 2, line 13, strike "to".
Page 1, Line 2Page 4, line 8, strike "criminal" and substitute "criminal,".
Page 1, Line 3Page 4, line 11, strike "capacity," and substitute "capacities,".
Page 1, Line 4Page 4, line 12, strike "tribal" and substitute "Tribal".
Page 1, Line 5Page 5, after line 17 insert:
Page 1, Line 6"SECTION 2. In Colorado Revised Statutes, add part 6 to article
Page 1, Line 74 of title 2 as follows:
Page 1, Line 8PART 6
Page 1, Line 9CONSTRUCTION OF LAWS
Page 1, Line 10FOR THE UTE MOUNTAIN UTE TRIBE
Page 1, Line 11AND THE UTE MOUNTAIN UTE RESERVATION
Page 1, Line 122-4-601. Purpose - legislative declaration. (1) The general
Page 1, Line 13assembly finds and declares that in the absence of clear
Page 1, Line 14expressions of legislative intent regarding whether legislation
Page 1, Line 15is intended to apply to the Tribe, its officials and employees
Page 1, Line 16acting in their official capacities, tribally controlled entities,
Page 1, Line 17or Tribal lands within the reservation, the resulting ambiguity
Page 1, Line 18substantially increases the likelihood of unnecessary
Page 1, Line 19jurisdictional disputes between the state of Colorado, the Tribe,
Page 1, Line 20and entities or persons who are subject to the laws of the state
Page 1, Line 21of Colorado or the Tribe.
Page 1, Line 22(2) The general assembly finds, therefore, that the
Page 2, Line 1purpose of this part 6 is to establish rules for the construction
Page 2, Line 2of laws passed by the general assembly to limit the
Page 2, Line 3interpretation and application of laws to the Tribe, its officials
Page 2, Line 4and employees acting in their official capacities, tribally
Page 2, Line 5controlled entities, and Tribal lands within the reservation.
Page 2, Line 62-4-602. Definitions. As used in this part 6, unless the
Page 2, Line 7context otherwise requires:
Page 2, Line 8(1) "Reservation" means the reservation in Colorado of
Page 2, Line 9the Ute Mountain Ute Tribe.
Page 2, Line 10(2) "State" means the state of Colorado.
Page 2, Line 11(3) "Tribal lands" means the land of an Indian tribe that
Page 2, Line 12is:
Page 2, Line 13(a) Held in trust by the United States; or
Page 2, Line 14(b) Subject to restriction against alienation imposed by
Page 2, Line 15the United States; and
Page 2, Line 16(c) Owned in fee simple, restricted fee, or by a tribally
Page 2, Line 17controlled entity.
Page 2, Line 18(4) "Tribally controlled entity" means a division of the
Page 2, Line 19Tribe or a business organization that is a subsidiary owned by
Page 2, Line 20the Tribe or an affiliate in which the Tribe owns a controlling
Page 2, Line 21interest.
Page 2, Line 22(5) "Tribe" means the Ute Mountain Ute Tribe.
Page 2, Line 232-4-603. Rules of construction. (1) If the general assembly
Page 2, Line 24enacts a new law or materially amends an existing law that is
Page 2, Line 25silent as to its application to the Tribe or to tribally
Page 2, Line 26controlled entities; purports to apply statewide; or grants a
Page 2, Line 27governmental agency or entity civil, criminal, or regulatory
Page 2, Line 28authority, it is presumed that the law does not apply within the
Page 2, Line 29exterior boundaries of the reservation to the Tribe, its officials
Page 2, Line 30and employees acting in their official capacities, a tribally
Page 2, Line 31controlled entity, or to Tribal lands.
Page 2, Line 32(2) Nothing in this part 6 intends to modify federal law.
Page 2, Line 33(3) Nothing in this part 6 is intended to apply outside of
Page 2, Line 34the reservation boundaries.
Page 2, Line 352-4-604. Tribal consent to application of state laws.
Page 2, Line 36(1) Nothing in this part 6 prevents the Tribe from requesting
Page 2, Line 37inclusion in legislation pending before the general assembly.
Page 2, Line 38(2) The governor and state agencies, in exercising the
Page 2, Line 39powers of the executive branch, may determine that the Tribe or
Page 2, Line 40the Tribe's governmental divisions are eligible for participation
Page 2, Line 41in state programs and grant funding that may be used within the
Page 2, Line 42reservation and that are designed to improve infrastructure,
Page 2, Line 43health care and treatment, telecommunications,
Page 3, Line 1transportation, education, law enforcement, environmental
Page 3, Line 2protections, wildlife resource management, water management,
Page 3, Line 3or other governmental functions and services, even if the law
Page 3, Line 4creating the program does not explicitly authorize
Page 3, Line 5participation by the Tribe.
Page 3, Line 62-4-605. Preservation of sovereign immunity - preservation of
Page 3, Line 7legal remedies. (1) Nothing in this part 6 is intended to abrogate
Page 3, Line 8the sovereign immunity of the state or the Tribe.
Page 3, Line 9(2) Nothing in this part 6 is intended to affect the right of
Page 3, Line 10the state, the Tribe, or other persons to pursue legal remedies
Page 3, Line 11that may be available to contest the application of laws passed
Page 3, Line 12by the general assembly.".
Page 3, Line 13Renumber succeeding section accordingly.