S.B. 05-25 Damages statutes - dollar limitations on damages - updated adjustment for effects of inflation. Updates the 1998 inflation adjustment in certain damages limitation statutes by requiring that another inflation adjustment occur on January 1, 2006. Specifies that the updated inflation adjustment be made in the damages limitation statutes concerning alcohol beverage licensees, noneconomic damages, and wrongful death.
VETOED by the Governor April 14, 2005
S.B. 05-30 Family-friendly court services - grant moneys - state court administrator
considerations - requirements for specified judicial districts. Specifies that the state court
administrator, in determining which judicial districts may receive grant moneys for the
provision of family-friendly court services, shall consider the extent to which a judicial
district is responsible for specified aspects of providing child care and other family
services for persons attending court proceedings.
Requires the judicial districts selected by the state court administrator to
implement a method of evaluating the effectiveness of the family-friendly court program
and assessing the impact of the child care and informational services provided and to
report annually to the state court administrator concerning the evaluation.
If the state court administrator selects a judicial district to provide family-friendly court services that include child care services, requires the family-friendly court program in the judicial district to meet the licensing requirements for child care facilities.
Removes the July 1, 2005, repeal of the "Family-friendly Courts Act".
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
S.B. 05-142 Construction agreements - indemnification - limitations. Specifies that any provision in a construction agreement that requires a person, surety, or insurer to indemnify an indemnitee for damage or injury caused by the negligence of the indemnitee or a third party under the indemnitee's control is void as against public policy.
Specifies that a construction agreement may require a negligent party to indemnify other parties but only to the extent of the indemnifying party's negligence. Prevents any party to a construction agreement from transferring responsibility for its own negligence to another party.
Clarifies that the following are not affected: Clauses in construction bonds or construction agreements that require a party to purchase certain project-specific insurance policies; construction agreements concerning property owned or operated by a railroad; certain leases and rental agreements; and construction agreements concerning certain dwellings.
VETOED by Governor May 31, 2005
H.B. 05-1013 Guardian and conservator nominees - acceptance of office - background information requirements - attachments - exceptions - court authority - appropriation. Requires a nominee for guardian, emergency guardian, conservator, or special conservator to file an acceptance of office with the court detailing the nominee's specified criminal history, civil protection or restraining order history, civil judgment history, and court-appointment history.
In support of the acceptance of office, requires the nominee to attach to the acceptance of office a name-based criminal history record check by the Colorado bureau of investigation, a credit report, and a verification under penalty of perjury that all of the information is accurate and complete. Authorizes the court to waive the attachments requirement for good cause shown when making an emergency appointment of a guardian or when making an appointment of a special conservator. After a hearing, requires the court to issue appropriate letters of guardianship or conservatorship if the court finds that the nominee is appropriate for the office. Makes exceptions to the acceptance of office background requirements. Authorizes the court to require a nominee to obtain additional background information for the court's review, including a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation.
Appropriates $8,727 to the department of public safety for allocation to the Colorado bureau of investigation for the implementation of the act. Makes implementation of the act contingent upon the passage of and decrease in state cash fund revenues resulting from House Bill 05-1264.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
NOTE: House Bill 05-1264 was signed by the governor May 27, 2005. For more information on the effective date see section 3 of this act.
H.B. 05-1065 Name change - file in the court with jurisdiction over a domestic matter related to the petitioner - length of publication notice. Requires that a name-change petition for a person under 19 years of age, who is the subject of an action concerning child support, allocation of parental responsibilities, or parenting time, be initially filed in the court having jurisdiction over the domestic relations matter. Requires reporting of out-of-state actions concerning child support, allocation of parental responsibilities, or parenting time in the initial filing.
Changes the time for publication of notice from 20 to 21 days.
APPROVED by Governor February 23, 2005
EFFECTIVE February 23, 2005
H.B. 05-1108 Evidentiary privilege - peer support services - law enforcement or firefighter peer support team member - exceptions. Creates an evidentiary privilege for communications made by or to a participant receiving peer support services from a law enforcement or firefighter peer support team member. Specifies certain exceptions to the evidentiary privilege.
APPROVED by Governor March 25, 2005
EFFECTIVE July 1, 2005
H.B. 05-1121 Service of process - substitute service on secretary of state - actions involving operation of motor vehicles - appropriation. Allows substitute service of process upon the secretary of state (secretary) when any action has been initiated because of the occurrence of damage or loss to person or property as a result of the operation of a motor vehicle in this state if, after reasonable diligence and 120 days, the operator cannot be located.
Requires service of process to be filed with the secretary with a fee. Requires that notice of service be sent to the defendant with an affidavit of compliance attached to the summons within 10 days after service upon the secretary. Requires the secretary to keep a record of all process served. Requires process to be served upon the defendant's insurance company.
Appropriates $75,284 and 0.1 FTE from the department of state cash fund for the implementation of this act.
VETOED by Governor June 1, 2005
H.B. 05-1184 Good samaritan law for employers. Exempts an employer from civil liability for acts or omissions made by an employee while rendering emergency care or emergency assistance if the employee:
● Renders the emergency care or emergency assistance in the course of his or her employment; and
● Is personally exempted by current law from liability for civil damages for the acts or omissions.
APPROVED by Governor April 7, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.