S.B. 95-34 Landlord and tenant law - unlawful detention - termination of tenancy for subsequent violation. Establishes that a tenant or lessee is guilty of unlawful detention of real property when the tenant or lessee holds over, without permission and contrary to a condition or covenant of the lease, subsequent to receiving a notice requiring compliance with the condition or covenant. Specifies that the tenancy may be terminated at any time on the basis of a subsequent violation and that such termination be effective 3 days after service of written notice to quit.
APPROVED by Governor April 20, 1995
EFFECTIVE July 1, 1995
S.B. 95-66 County court judges - increase in El Paso and Douglas counties - appropriation. Increases the number of county court judges in El Paso County from 6 to 8 and in Douglas County from 1 to 2. Appropriates $447,411 out of the general fund, including $60,792 for the office of public defender, to implement the act in fiscal year 1995-96.
APPROVED by Governor May 16, 1995
EFFECTIVE May 16, 1995
S.B. 95-165 Medical malpractice - limitations on liability - prejudgment interest. Provides that any prejudgment interest on medical malpractice damages that accrues prior to the date of filing of a civil action is deemed to be a part of the damages awarded in the action. Includes such interest in the limitations on liability applicable to medical malpractice claims.
APPROVED by Governor April 21, 1995
EFFECTIVE July 1, 1995
S.B. 95-217 Offers of settlement - time deadlines. Clarifies the time deadlines for making and accepting offers of settlement in lawsuits.
APPROVED by Governor
EFFECTIVE July 1, 1995
H.B. 95-1090 Repeal of unconstitutional provisions - exemplary damages - body execution. Repeals the following provisions that have been declared unconstitutional: (1) Provisions requiring that 1/3 of any collected exemplary damages be paid into the general fund; and (2) Provisions allowing body execution in actions founded upon tort.
APPROVED by Governor March 9, 1995
EFFECTIVE March 9, 1995
H.B. 95-1170 Transfer of venue - actions involving related persons. In addition to the authority of a court to transfer venue in delinquency and dependency and neglect cases, authorizes a court to transfer certain family law actions and actions brought under the "Colorado Children's Code" to a court in another county where an action is pending that names the parent, guardian, or legal custodian of a child who is the subject of the action. Specifies that the action may be transferred for good cause on motion of a court, party, or guardian ad litem. Specifies that venue must be proper in the county to which the action is transferred. Requires the transferring court to notify all parties of the transfer and transmit all documents to the receiving court. Specifies that the transferred action shall continue in the court to which it is transferred with the same force and effect as though originally docketed in the receiving court.
APPROVED by Governor March 17, 1995
EFFECTIVE January 1, 1996*
*NOTE: This act was passed without a safety clause. Section 2 of the act establishes an effective date of January 1, 1996. The act will take effect on that date unless a referendum petition is filed pursuant to article V, section 1 (3) of the state constitution. In that event, the act will take effect on the date of the official declaration of the vote by proclamation of the governor or January 1, 1996, whichever is later, if it is approved by the voters at the 1996 election.
H.B. 95-1181 Frivolous inmate lawsuits. Requires that any inmate who seeks to proceed as a poor person in any state civil action against a public defendant file a release of the records of the inmate's account held by the detaining facility against whom the action is brought. Provides that, if the inmate's account for an 11-month period before the inmate filed the action indicates that the inmate has or had sufficient funds for filing an action, the court shall deny the motion.
Defines "inmate" as any person sentenced or awaiting sentencing to a detaining facility and defines a detaining facility as a correctional facility or local jail. Defines "public defendant" as any state, county, or municipal agency, official, or employee acting within the scope of employment, or agent acting on behalf of the agency. Excludes juvenile detention facilities.
Requires the court to stay proceedings if the court determines that the inmate is involved in any federal proceeding that raises the same issues that are raised in the state action. Authorizes district and county court magistrates to hear any motions to proceed as a poor person and any motions to dismiss that are filed in state civil actions brought by inmates against a public defendant.
Allows the court to award costs and to award attorney fees if it determines that the action is substantially frivolous. Authorizes the court to award costs in the amount the inmate would have paid if he or she had not proceeded as a poor person. Permits the court to issue a writ of continuing garnishment against the inmate's account with the detaining facility.
Specifies that the statutory provisions concerning inmate lawsuits shall not be construed to impede an inmate's constitutional right of access to courts.
Requires the department of law, the department of corrections, and the state judicial department to determine the cost of and to pursue federal funding for the development of a teleconferencing system for conducting proceedings in an inmate's civil action against a public defendant. Requires the state judicial department to submit to the judiciary committees of the general assembly a plan for the implementation of a teleconferencing system for all proceedings for which an inmate is a witness or a party.
APPROVED by Governor May 16, 1995
EFFECTIVE July 1, 1995
H.B. 95-1226 Life insurance proceeds - exemption from judicial execution. Increases from $5,000 to $25,000 the limitation on policies or certificates of life insurance that are exempt from levy and sale under writ of attachment or writ of execution. Clarifies that the limitation applies to the cash value of policies or certificates of life insurance and to writs issued against the insured. Specifies that the exemption does not apply to increases in cash value from moneys contributed to a policy or certificate during the 24 months prior to the issuance of any such writ. Determines that the death benefit of such policies or certificates are exempt from levy and sale without limitation as to amount. Specifies that the proceeds of any policy or certificate are not exempt from levy and sale if attached or executed to pay the debts of the beneficiary of such policy or certificate or if the beneficary is the estate of the insured.
Applies to debts incurred on or after July 1, 1995.
APPROVED by Governor May 23, 1995
EFFECTIVE July 1, 1995
H.B. 95-1293 Small claims court - jurisdictional limit increase - filing fees - appropriation. Increases the jurisdictional limit of the small claims court from $3,500 to $5,000. Sets the docket fees for any small claims court action containing a claim that exceeds $3,500 but that is no more than $5,000 at $42 for a plaintiff, third-party plaintiff, or party filing a cross claim or counterclaim and $38 for a defendant.
Clarifies that, if a person files a counterclaim in small claims court, the filing fee is either the fee based upon the amount of the money judgment sought in the action or the fee based upon the amount of the counterclaim, whichever fee is greater.
Appropriates $20,870 to the judicial department from the general fund for the implementation of the act.
APPROVED by Governor May 23, 1995
EFFECTIVE January 1, 1996
H.B. 95-1356 Justices and judges - salary and court fee increases. Increases the annual salaries for justices and judges by:
Current salaries of justices and judges range from $63,000 to $74,500.
Increases specified court fees to generate revenue to pay for the salary increases.
APPROVED by Governor May 23, 1995
EFFECTIVE May 23, 1995
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