APPROVED by Governor March 25, 1999
EFFECTIVE March 25, 1999
S.B. 99-116 District judges - first judicial district - add judge - appropriation. Increases the number of district judges in the first judicial district, composed of Jefferson and Gilpin counties, from 9 judges to 10.
Appropriates $342,515 and 5.0 FTE to the judicial department for implementation of the act, including $295,744 for trial courts and $46,771 for the public defender.
APPROVED by Governor May 7, 1999
EFFECTIVE July 1, 1999
S.B. 99-147 Juror and witness fees - rate increase - return mileage - appropriation. Sets the reimbursement rate for juror and witness service at the same rate as that for state officers and employees, thus raising the rate from 15¢ to 28¢ per mile. Changes the reimbursement for juror and witness service from one-way mileage to round-trip mileage.
Appropriates $381,309 to the judicial department, trial courts division for implementation of the act.
APPROVED by Governor May 19, 1999
EFFECTIVE July 1,1999
S.B. 99-150 Drug dealer liability - cause of action - procedures. Establishes a new cause of action in favor of any person or entity suffering damages or increased expense because of illegal drug use. Specifies that an action may be brought against: (1) Any person who sold, administered, or furnished illegal drugs or who was in the chain of distribution of the illegal drug used by the individual illegal drug user; or (2) any person who knowingly participated in the marketing or distribution of the type of illegal drug used by that individual. Sets forth certain exceptions, the burden of proof to be established, what damages may be recovered, rules on contributory negligence, contribution among joint tortfeasors, prejudgment attachments, and other procedures. Established a 4-year statute of limitations for such actions.
Applies to causes of action accruing on or after June 2,1999.
APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999
S.B. 99-170 Civil actions - year 2000 failures - individuals' affirmative defense. Establishes an affirmative defense to any action brought against an individual for default , failure to pay,
breach, omission, or other violation if the individual establishes that the default, failure to pay, breach, omission, or other violation was caused, in whole or in part, by a year 2000 failure associated with an electronic computing device, hereafter "Y2K affirmative defense". Precludes a claim against the individual from being reasserted for 30 days after a court dismisses a prior action as a result of a Y2K affirmative defense. Extends the statute of limitation 45 days upon dismissal of an action because of a Y2K affirmative defense. Specifies that the dismissal of an action as the result of a Y2K affirmative defense shall not impair, extinguish, discharge, satisfy, or otherwise affect the underlying obligation.
Authorizes an individual who has established a Y2K affirmative defense to dispute directly with a credit reporting agency operating in this state any item of information in the individual's consumer file relating to the subject of the Y2K affirmative defense. Obligates the credit reporting agency to comply with the requirements of the "Colorado Consumer Credit Reporting Act" and the federal "Fair Credit Reporting Act" in responding to the dispute. Requires the credit reporting agency, upon request, to include a statement in the consumer file explaining or concerning the content of the consumer file, at no charge to the consumer.
Repeals the act, effective December 31, 2006.
Applies to causes of action accruing on or after January 1, 2000.
APPROVED by Governor April 8, 1999
EFFECTIVE April 8, 1999
S.B. 99-205 Firearms manufacturers - limitations on suit. Identifies as a matter of statewide concern the decision of whether to sue a firearms or ammunition manufacturer or dealer or a firearms trade association in any action arising from the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public, and reserves to the state the right to sue said entities in said actions. Specifies that a political subdivision may bring suit against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
VETOED by Governor June 2, 1999
S.B. 99-222 Liability of hospital enterprises - electronic computing device failures associated with year 2000 date change. Establishes the standard of care for hospital enterprises for the failure of electronic computing devices to correctly interpret, produce, calculate, compare, compute, generate, account for, process, or sequence a date that is compatible with the year 2000 date change. Establishes an affirmative defense for a hospital enterprise that makes reasonable efforts to identify the potential for a year 2000 failure and attempts to correct or otherwise avert such failures. Excludes the award of exemplary damages for year 2000 failures. Provides that prior to the filing of any civil action related to a year 2000 failure, a hospital enterprise, upon request, shall provide supporting documentation summarizing the actions it has taken to correct or avert year 2000 failures.
Establishes a 3-year statute of limitations for civil actions arising out of the year 2000 date change. Applies to causes of action accruing on or after July 1, 1999.
APPROVED by Governor May 17, 1999
EFFECTIVE July 1, 1999
H.B. 99-1071 Damages - physician volunteer services - immunity. Gives a licensed physician, who is practicing medicine as a volunteer for a nonprofit organization, nonprofit corporation, or hospital, immunity from civil liability for any act or omission while performing such volunteer work so long as the act or omission was not grossly negligent or willful and wanton misconduct and the patient receiving the volunteer services is informed that his or her right to sue the volunteer physician is limited and has agreed in writing to accept such volunteer services.
Requires the nonprofit organization, nonprofit corporation, or hospital to annually verify that a physician who performs volunteer services for such entity holds an unrestricted license to practice medicine in Colorado.
APPROVED by Governor April 22, 1999
EFFECTIVE April 22, 1999
H.B. 99-1204 Civil restraining orders - consolidated procedures. Consolidates the various types of civil restraining orders issued by a municipal, county, or district court into a single type of civil restraining order, with the exception of restraining orders issued in domestic relations cases and emergency protection orders to prevent domestic abuse. Specifies the procedures that a court must use in issuing a civil restraining order. Gives the court jurisdiction to issue such additional orders as it deems necessary to protect persons. Clarifies that enactment of the act does not affect the effectiveness of any civil restraining order issued by a court prior to July 1, 1999. Extends to July 1, 1999, the date by which the state court administrator must adopt a standard set of forms for issuing civil restraining orders.
Allows a district court to maintain jurisdiction in dissolution of marriage cases for the purpose of issuing civil restraining orders following entry of the divorce decree.
APPROVED by Governor April 30, 1999
EFFECTIVE July 1, 1999
H.B. 99-1211 County court judges - Boulder and Larimer counties - increase in number - appropriation. Authorizes one additional county court judge in each of the counties of Boulder and Larimer.
Appropriates $538,021 and 7.4 FTE to the judicial department for implementation of the act.
APPROVED by Governor May 18, 1999
EFFECTIVE May 18, 1999
H.B. 99-1283 Automated external defibrillators - limited immunity. Grants immunity to persons and entities that render emergency care or treatment, without compensation, to a person in cardiac arrest by the use of an automated external defibrillator (AED) so long as the person or entity meets certain training, maintenance, oversight, and notification requirements. Extends such immunity to the licensed physician who is involved with the AED site placement, the person or entity that provides the CPR and AED site placement, and the person or entity responsible for the site where the AED is located. States that such immunity shall not apply if injury results from gross negligence or willful or wanton misconduct. States that the requirements for complying with training, maintenance, and notification are not applicable to a person using an AED during a medical emergency if that individual is acting as a good samaritan.
APPROVED by Governor April 16, 1999
EFFECTIVE April 16, 1999
H.B. 99-1295 Civil actions - limitation of liability of businesses - electronic computing devices - year 2000 failures. Establishes the "Year 2000 Liability Act of 1999". Applies to civil actions for damages arising from a year 2000 failure associated with an electronic computing device. Defines the terms "electronic computing device" and "year 2000 failure". Limits a business' liability in such actions to actual damages. Establishes an affirmative defense for any business, or any director, officer, or employee of such business, who makes reasonable efforts to identify the potential for a year 2000 failure and who attempts to correct or otherwise avert such failures. Lists such "reasonable efforts". Directs a business to provide documentation concerning the reasonable efforts it has taken, upon request, prior to the filing of a civil action. Specifies that the limitation of liability for year 2000 failures is not intended to vary or alter the terms of any contract, warranty, or agreement addressing issues relating to year 2000 matters.
Adds to the list of confidential functions of the compliance review committee of a financial institution the activities of the committee to seek to improve the ability of electronic computing devices to account for the year 2000 date change and to improve compliance with regulations and guidelines in system preparedness for the year 2000 date change and implementation of year 2000 plans.
Establishes a 3-year statute of limitations for civil actions arising out of a year 2000 failure.
Applies to causes of action accruing on or after July 1, 1999.
APPROVED by Governor April 5, 1999
EFFECTIVE July 1, 1999
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