Colorado Statutes, Titles 39-41

2012·73.3 MB·English

by  State of Colorado

Digitized by the Internet Archive
2013
in
http://archive.org/details/govlawcocode20123941
Colorado
Revised Statutes
2012
Titles 39-41
Taxation
Utilities
Aeronautics: Aircraft and Airports
Edited, Collated, Revised,
Annotated, and Indexed
Under the Supervision and Direction of the
COMMITTEE ON LEGAL SERVICES
by
JENNIFER G. GILROY OF THE COLORADO BAR,
REVISOR OF STATUTES,
AND THE
OFFICE OF LEGISLATIVE LEGAL SERVICES
Published with Annotations through 272 R3d 1196, 797 F. Supp. 2d 1163, 661 F.3d 1290,
132 S. Ct. 1882, 449 B.R. 119, 83 U. Colo. L. Rev. 338 (2011), 88 Denv. U.L. Rev. 629
(2011), and 41 Colo. Law. 91 (January 2012). (See Annotation Explanation on page ix.)
Reenacted by the GeneralAssembly as the
Positive Statutory Law ofColorado ofa General and Permanent Nature
and as the Official Statutes ofthe State ofColorado
LexisNexis
Printers and Distributors
CONTENT OF 2012
COLORADO REVISED STATUTES
Declaration of Independence
Constitution of the United States
Enabling Act of Colorado
Constitution of the State of Colorado
Title 1. Elections Title 25. Health
Title 2. Legislative Title 25.5. Health Care Policy and
Financing
Title 3. United States
Title 4. Uniform Commercial Code Title 26. Human Services Code
Title 5. Consumer Credit Code Title 27. Behavioral Health
Title 6. Consumer and Commercial Title 28. Military and—Veterans
Affairs Title 29. Government Local
—
Title 7. Corporations andAssociations Title 30. Government County
—
Title 8. Labor and Industry Title 31. Government Municipal
—
Title 9. Safety Industrial and Title 32. Special Districts
Commercial
Title 33. Parks and Wildlife
Title 10. Insurance
Title 34. Mineral Resources
Title 11. Financial Institutions
Title 35. Agriculture
Title 12. Professions and Occupations —
Title 36. Natural Resources General
Title 13. Courts and Court Procedure
Title 37. Water and Irrigation
Title 14. Domestic Matters —
Title 38. Property Real and Personal
Title 15. Probate, Trusts, and Fiduciaries
Title 39. Taxation
Title 16. Criminal Proceedings
Title 40. Utilities
Title 17. Corrections
Title 41. Aeronautics: Aircraft and
Title 18. Criminal Code Airports
Title 19. Children's Code Title 42. Vehicles and Traffic
Title 20. DistrictAttorneys Title 43. Transportation
Title 21. State Public Defender Colorado Court Rules
Title 22. Education A—Z Index — Comparative Tables
Title 23. Postsecondary Education
—
Title 24. Government State
Copyright © 2012
BY THE COMMITTEE ON LEGAL SERVICES
FOR THE STATE OF COLORADO
CERTIFICATION
OF
COMMITTEE ON LEGAL SERVICES
The Committee on Legal Services hereby certifies that the 2012 Colorado Revised Statutes
includes all the laws ofa general and permanent nature ofthe state ofColorado as revised
and reenacted in Colorado Revised Statutes 1973, together with all ofthe laws ofa general
and permanent nature enacted by the General Assembly subsequent to 1973, as corrected,
collated, andrevised as authorized by and in conformity withArticle 5 ofTitle 2, Colorado
Revised Statutes.
COMMITTEE ON LEGAL SERVICES:
Bob Gardner
Member of the House of Representatives
Chair
John Morse
Member of the Senate
Vice-Chair
Jeanne Labuda
Member of the House of Representatives
Claire Levy
Member of the House of Representatives
Carole Murray
Member of the House of Representatives
Mark Waller
Member of the House of Representatives
Greg Brophy
Member of the Senate
Morgan Carroll
Member of the Senate
Ellen Roberts
Member of the Senate
Gail Schwartz
Member of the Senate
in
OFFICE OF LEGISLATIVE LEGAL SERVICES
Capitol Room 091 Phone: [phone]
DIRECTOR
Dan L. Cartin
DEPUTY DIRECTOR REVISOR OFSTATUTES
Sharon L. Eubanks Jennifer G. Gilroy
ASSISTANTDIRECTORS
BartW. Miller, Deborah F. Haskins,Julie Pelegrin
ADMINISTRATION TEAM
Matthew Dawkins, Office Manager Linda Harris, SeniorLegislativeAssistant II
Wade Harrell, Office SystemsAdministrator for Human Resources
Patti Dahlberg, Front Office Coordinator and RobertGarcia, SeniorLegislativeAssistant
SeniorLegislativeAssistant III
BUSINESS, HEALTH CARE, NATURALRESOURCES,AND ENVIRONMENTTEAM
Duane H. Gall, SeniorAttorney & Jery Payne, Senior StaffAttorney II
TeamLeader Jennifer Berman, StaffAttorney
Christine B. Chase, SeniorAttorney & RebeccaL. Hausmann, Head and Senior
AssistantTeam Leader LegislativeAssistant IV
Thomas Morris, SeniorAttorney & PattyAmundson, SeniorLegislativeAssistant IV
AssistantTeam Leader Holly Mandis, SeniorLegislativeAssistant
Kristen J. Forrestal, SeniorAttorney Kiki Miller, LegislativeAssistant
Charles Brackney, Senior StaffAttorney II
forRule Review
CIVILAND CRIMINALLAW, EDUCATION,AND HUMAN SERVICES TEAM
Jeremiah B. Barry, SeniorAttorney & Team Jane M. Ritter, Senior StaffAttorney
Leader Richard Sweetman, Senior StaffAttorney
Michael Dohr, SeniorStaffAttorney & BethTreat, SeniorLegislativeAssistant
AssistantTeam Leader Joel Moore, LegislativeAssistant II
Brita Darling, Senior StaffAttorney LaraMargelofsky, LegislativeAssistant
FISCALPOLICY, INFRASTRUCTURE, ELECTIONS,
EDUCATION FINANCE,AND STATE & LOCALGOVERNMENTTEAM
GreggW. Fraser, SeniorAttorney & Team Nicole Myers, Senior StaffAttorney II
Leader Kate Meyer, Senior StaffAttorney
Jason Gelender, SeniorAttorney & EffieAmeen, Head and SeniorLegislative
AssistantTeam Leader Assistant III
Robert S. Lackner, SeniorAttorney & John Kilgour, SeniorLegislativeAssistant
AssistantTeam Leader Ashley Zimmerman, SeniorLegislativeAssistant
Edward DeCecco, SeniorAttorney Cara Meeker, LegislativeAssistant
Esther van Mourik, Senior StaffAttorney II
PUBLICATIONS TEAM
Kathryn S. Zambrano, Publications Coordinator Peggy Lewis, SeniorLegislativeAssistant IV
Michele D. Brown, Senior StaffAttorney II Carol L. Mullins, Senior LegislativeAssistant III
forAnnotations Nathan M. Carr, SeniorLegislativeAssistant II
Anja H. Boyd, Assistant Publications to the RevisorofStatutes
Coordinator & Senior LegislativeAssistant IV
IV
TABLE OF CONTENTS
Source note explanation vi
Colorado statutory research vii
Bills without safety clauses - explanation of effective dates ix
Annotation explanation ix
Title 39 Taxation Title 39 - page 1
Title 40 Utilities Title 40 - page 1
Title 41 Aeronautics: Aircraft and Airports Title 41 - page 1
Source Note Information
A source note shows the legislative history ofa C.R.S. section and is located immediately
after the text ofthe section. The source notefor each section indicates the year the section
was added, each year it was amended, and the page ofthe Session Laws and the section of
the bill where the amendment can be found. The source note includes the number of the
section in prior codifications when applicable. For amendments made after 1973, informa-
tion on each specific provision ofthe section that has been changed by a bill, the specific
change to the provision (i.e. added, added with relocations, amended, amended with
relocations, repealed, repealed and reenacted, orrecreated and reenacted), and the effective
date of the bill are shown.
The legislative history is arranged by year ofpassage; ifthe section was amended by two
or more acts in the same year, the order of the information for that year is determined by
theeffective dates ofthe acts. The effective date inthe source note indicates the date the act
orportion ofthe acttakes effecteven ifthe textofthe amendmentindicates adifferentdate.
If the year is not included with the month and day, the provision is effective the year of
passage. Additional information to assist the user in researching C.R.S. sections can be
found beginning on page vii.
The following provides a further explanation of the information found in a source note:
"L." is the symbol for "Session Laws" and will be followed by a number
indicating the yearwhen the C.R.S. section was changedby an act generally
either creating new law, amending existing law, or repealing existing law;
except that, in the constitution, "L." also means constitutional measures
referred by the GeneralAssembly and voted on by the people ofColorado at
a general or an odd-year election.
"Ex. Sess." is the symbol for "Extraordinary Session". If this symbol
follows the year, the amended provision can be found in the Session Laws
foranextraordinary session forthat yearand not in the Session Laws forthe
regular session of the General Assembly for that year (S, S2 in the Red
Book).
"p." is the symbol for "page" and will be followed by a number indicating
the page ofthe SessionLaws wherethe amendmenttotheC.R.S. sectioncan
be found.
"§" isthe symbol for "section" and willbe followedby anumberindicating
the section of the act where the amendment to the C.R.S. section can be
found.
"IP" is the symbol for the "introductory portion" to a section, subsection,
paragraph, or subparagraph.
"Added" means the provision was newly enacted by the act (N in the Red
Book).
"Added with relocations" means the provision in existing law was relocated
from one title, article, part, or section to anothertitle, article, part, or section
with amendments by the act.
vi
"Amended" means the provision in existing law was amendedby the act (A
in the Red Book).
"Amended with relocations" means the provision in existing law was
amended to reorganize an entire title, article, part, or section by the act.
"Repealed" means the provision was deleted from the existing law by the
act through the use of a repeal provision (R in the Red Book).
"R&RE" is the symbol for "Repealed and Reenacted" and means the
provision in existing law was repealed and reenacted by the act (RE in the
Red Book).
"RC&RE" is the symbol for "Recreated and Reenacted" and means a
previously repealed provision has been recreated by the act (RC in the Red
Book).
"Added by revision" means a provision providing for the repeal of a
statutory provision on a specified date has been added by the Revisor of
Statutes as a C.R.S. provision. Adding the provision is necessary because a
separate section of the act provided for the repeal of the provision with a
future effective date.
"Initiated" means a provision that was amended by means of an initiated
petition approved by a vote of the people of Colorado at a general or an
odd-year election.
"Referred" means a provision that was amended by a measure referred by
the General Assembly and voted on by the people ofColorado at a general
or an odd-year election; except that, in the constitution, a referred measure
is indicated by "L." and also means constitutional measures referred by the
GeneralAssembly andvoted on by thepeople ofColorado at ageneral oran
odd-year election.
Startingin2009, referencestothebillnumberandchapternumberhavebeen
included in the source note. Ifyou are conducting a search on-line, the bill
number reference within the source note links directly to the bill itself.
Colorado Statutory Research
Legislative history is not already written. It must be compiled by the researcherfrom many
different sources and materials. The following information is a helpful starting point in
identifyinginformationyou wishtoresearch. Consulttheredbooktabledistributedwiththe
session laws, the softbound editions of Colorado Revised Statutes beginning in 1997, the
comparative tables located in the back of the C.R.S. index, C.R.S. 1963 and subsequent
cumulative supplements thereto through 1971, and C.R.S. 1973 and annual cumulative
supplements thereto through 1996.
Prior to 1921, enacted laws were not compiled into a comparative table, thereby making it
more difficult to trackthe legislative history. Determining the subject matter in the statutory
index is the only choice for tracking the history ofa statute since a statute did not retain its
original number. The General Statutes of 1883 arranged laws into numbered chapters,
alphabetically entitled, collated, and arranged by sections. This became the foundation and
vii
modelforcompilingthe statutesuntilthe codificationofC.R.S. 1973. (SeeRevisedStatutes
ofColorado 1908, AnAct Providing For the Compilation, Publication, and Distribution of
all the general statutes of the state.)
References in some source notes throughout the Colorado Revised Statutes to "Code 08",
"Code 21", and "Code 35" are to the Revised Statutes of Colorado 1908, the Compiled
Laws of Colorado 1921, and the Colorado Statutes Annotated 1935, respectively. Each of
these volumes set forth the general statutes ofthe state ofColorado, including the Code of
Civil Procedure and, in 1935, the Colorado Supreme Court Rules. On January 6, 1941, the
Colorado Supreme Court adopted the new Rules of Civil Procedure, which became
effective onApril 6, 1941, resulting in the publication ofareplacement volume. Thereafter,
the publication of the Colorado Court Rules, although a continuing part of the Colorado
Revised Statutes, contained a combination ofthe Federal Rules and the Colorado Code of
Civil Procedure and, in addition, included some provisions that were entirely distinct from
both the Federal Rules and the Colorado Code ofCivil Procedure, as adopted or amended
by the Supreme Court of Colorado.
To research a statute as it existed in previous years, the following is a chronological list of
C.R.S. publications and the correct citation for each publication.
Revised Statutes of Colorado (1868) R.S.
General Laws of Colorado (1877) G.L.
General Statutes of Colorado (1883) G.S.
Revised Statutes of Colorado (1908) R.S. 08
Compiled Laws of Colorado (1921) C.L.
Colorado Statutes Annotated (1935) CSA
Colorado Revised Statutes 1953 (1953) CRS 53
Colorado Revised Statutes 1963 (1963) C.R.S. 1963
Colorado Revised Statutes (1973) C.R.S.
Comparative Tables:
R.S. 08 to C.L. 1921 - located in the front of the C.L. 1921
C.L. 1921 to CSA 1935 - located in the back of the Index to CSA 1935
CSA 1935 to CRS 1953 - located in the front of the Index to CRS 1953
CRS 1953 to C.R.S. 1963 - located in the front of the Index to C.R.S. 1963
C.R.S. 1963 to C.R.S. - located in the back of the Index to C.R.S.
Supplements to C.R.S. 1963 include:
1965 hardbound supplement containing laws enacted in 1964 and 1965
1967 hardbound supplement containing laws enacted in 1966 and 1967
1969 hardbound supplement containing laws enacted in 1968 and 1969
1971 hardbound supplement containing laws enacted in 1970 and 1971
The softboundpublicationofthe "Official ReportoftheCommitteeonLegal Services" was
not intended as an official publication ofouroffice. Copies were distributedto the members
oftheGeneralAssemblyforthepurposeofcertifyingthelawsenactedinthe 1972 and 1973
Sessions for inclusion in the compilation ofthe 1973 C.R.S., which was not available until
1974. To find the 1972 or 1973 amended language, refer to the session laws ofeither 1972
or 1973.
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