office of legislative legal services · patrice collins, resume page 2 trading assistant: federal...

Office of Legislative Legal Services Colorado General Assembly

Colorado State Capitol 200 East Colfax Avenue Suite 091

Denver, Colorado 80203-1716

Tel: 303-866-2045 Fax: 303-866-4157 Email: [email protected]

Statutory Revision Committee (SRC)

October 13th, 2016

State Capitol, HCR 0112, 9:00am

1. Introduction of nonvoting SRC members a. Patrice Bernadette Collins, Esq. b. Brad Ramming, Esq.

2. Q & A with Josie M. Faix, Esq., current Chair of the Statutory Revisions Committee of the Colorado Bar Association's Trust & Estate Section

3. Follow-up items from August 17, 2016, SRC meeting a. Suitability of referring the repeal of § 40-2-123 (2) (k), C.R.S., to the 2017 Revisor's

Bill (Kristen Forrestal1)

b. Report Database update (Kristen Forrestal; Susan Liddle, Legislative Council Staff)

4. Vote on bill drafts authorized at August 17, 2016, SRC meeting2 a. SB16-146 fix (Jane Ritter)

b. Relocation of Commission on Family Medicine organic statutes (Kate Meyer)

c. Repeal of obsolete reapportionment laws (Kate Meyer)

d. Repeal of obsolete redistricting laws (Kate Meyer)

5. Presentation of memoranda describing new bill ideas a. Update various laws relating to the Office of the State Auditor (Kate Meyer)

i. Invited: Dianne Ray, State Auditor, Office of the State Auditor

b. Modernize ANSI citations in accessible housing statutes (Kate Meyer) i. Invited: Cheri Gerou, FAIA, Manager of the State Buildings Program, Office of State

Architect

c. Repeal posting requirement in § 24-30-202 (9) (a), C.R.S. (Kate Meyer) i. Invited: Robert (Bob) Jaros, State Controller, and Jack Wylie, Department of Person-

nel and Administration

d. Resolve ambiguity regarding the term "minor" in tobacco laws (Kristen Forrestal)

e. Update and align various statutes within Title 22, C.R.S. (Jane Ritter)

f. Use consistent terminology in C.R.S. regarding American Indians (Jane Ritter)

g. Modernize provisions relating to the "Administrative Organization Act of 1968" (Debbie Haskins)

6. Discussion of SRC annual report (Kate Meyer)

7. Other business? 8. Next meeting: December 13, 2016, 9:00am, HCR0112

1 Except where otherwise indicated, presenters are staff from the Office of Legislative Legal Services.

2 Pursuant to section 2-3-902 (1) (d), C.R.S., legislation recommended by the Statutory Revision Committee

must be made by an affirmative vote from at least five legislative members of the Committee.

Patrice Collins, Resume Page 1

Patrice Bernadette Collins

3011 South Washington Street, Englewood, CO 80113 * (206) 697-5180 * [email protected]

Education Juris Doctorate conferred, May 2011

International and comparative law certificate; University of Pittsburgh School of Law

Bachelor of Arts Degree conferred, May 2007

Political Science Major; University of British Columbia, Vancouver, British Columbia

Professional Member:

Collins & Collins, LLC; Denver, Colorado (October 2011- Current)

www.lawcc.us

I have five plus years of experience in complex civil litigation, including claims of professional malpractice, fraud

and embezzlement. I manage my own caseload, prepare pleadings, conduct depositions and argue in court. I have

experience in federal trials, state trials and arbitration as both lead counsel and co-counsel. Due to the nature of the

litigation in which I have acted as counsel, I have made several pro hac vice appearances and have become

familiar with substantive law and procedure in multiple states and venues. Beyond litigation, I represent the

National Credit Union Administration as the liquidating agent of various credit unions, investigating, preparing

and prosecuting fidelity bond claims. I also advise local businesses and personal clients on contractual issues.

United Nations Legal Intern: United Nations Office of Legal Counsel; Manhattan, New York (June-December 2010)

As an intern at the United Nations Office of Legal Counsel, I conducted extensive legal research, helping to

prepare legal opinions and advice on the interpretation and drafting of rules governing international law. In

particular, I was heavily involved in preparing a response and counter arguments to the International Law

Commission's (“ILC”) draft articles on the Responsibility of International Organizations. Beyond the ILC

project, I acted as a liaison with the United Nations General Assembly and the International Court of Justice. I

also I wrote an article discussing the practical implications of the United Nations Charter which was published

in the Repertory of Practice.

Staff Writer: JURIST Legal News, University of Pittsburgh; Pittsburgh, Pennsylvania (September 2009-May 2011)

As a staff writer, I wrote articles that discussed breaking news in the legal field for a real-time legal news

and research service. During the course of my work, I tracked legal news and primary source materials

regarding legal developments throughout the country and the world and crafted articles to present the story

rapidly, objectively and intelligibly.

Research Assistant: Professor Osei Tutu, University of Pittsburgh; Pittsburgh, Pennsylvania (October 2009-June 2010)

I researched and analyzed member-state discrepancies concerning international intellectual property right

enforcement under the World Trade Organization (“WTO”) and the World Intellectual Property Organization

(“WIPO”). I focused particularly on debates surrounding the use of genetic resources, including human genetic

material, under the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO

Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and

Folklore. I used the WTO and WIPO databases, individual country databases, case law and patent office

decisions; as well as journal articles to further my research.

Research Assistant: Professor Lobel, University of Pittsburgh; Pittsburgh, Pennsylvania (Summer 2009)

My research on American and comparative constitutional law contributed to a published article discussing the

constitutional implications of preventative military detentions under domestic and international human rights

and international security principles. I also provided research and memoranda analyzing the case law

surrounding freedom of speech, which contributed to arguments made in front of the United States District

Court for the Western District of Pennsylvania on behalf of individuals seeking permission to demonstrate

during the G-20 summit meeting held in Pittsburgh, Pennsylvania.

mailto:[email protected]

http://www.lawcc.us/

Patrice Collins, Resume Page 2

Trading Assistant: Federal Home Loan Bank of Seattle; Seattle, Washington (December 2008 - May 2008)

As a Trading Assistant, I monitored interest rate fluctuations in derivative trades while mediating trade detail and rate

discrepancies with other banks and asset management firms. I reviewed and processed detailed control paperwork,

utilizing the Bloomberg financial system and inter-bank databases to assess mortgage-backed securities, counter-

party credit ratings, and reference the London Interbank Offer Rate.

English Language Instructor: Seattle Parks & Recreation; Seattle, Washington (December 2008 – May 2008)

I taught English as a second language to adult immigrants in Seattle, Washington. As an ESL instructor I wrote

my own curriculum and lesson plans. My students ranged vastly in their ability to comprehend and speak English.

I also had students that could not read. This range of students taught me to prepare individualized lesson plans to

serve the needs of each student. Event Coordinator

University of British Columbia Student Government; Vancouver, British Columbia (Summer 2007)

As an Event Coordinator, I organized a conference for all members of student governments in British Columbia.

In this role, I created a conference agenda which was aimed at developing a comprehensive understanding of

student needs that could be presented to province of British Columbia and Premier Gordon Campbell in order to

facilitate a discussion with the Province concerning higher education budgets. Publications Assisted in writing: Protecting Insurer’s Subrogation and Recovery Rights throughout the Claim Investigation,

The Fidelity Law Journal (Vol. XX, November 2014).

CUMIS Insurance Society, Inc. v. Massey, 155 Idaho 942, 318 P.3d 932 (2014)

Academic Independent Writing:

Professor Bernard Hibbits, University of Pittsburgh; Pittsburgh, Pennsylvania (Spring Semester 2010)

Under the guidance of Professor Bernard Hibbits, I conducted research and wrote an in-depth discussion paper on

the similarities and differences between the United States and Canadian constitutional opinions, the structure of

the each nation’s Supreme Courts and the politicization of the court systems in both countries.

Volunteer Colorado Poverty Law Project

Denver, Colorado (current)

I provide pro bono representation to indigent clients in eviction actions.

Children's Hospital and Elderly Hospice: Vladivostok, Russia (Summer 2008)

I taught and mentored orphaned youth who lived in an orphanage in Vladivosotok, Russia while also communicating with

American parents seeking to adopt a Russian child. I also volunteered in the afternoons, feeding elderly patients at a

public hospice.

Brad Ramming

Brad Ramming is rated AV Preeminent® by Martindale Hubbell. Mr. Ramming practices in the firm’s litigation department, where he is the firm’s principal shareholder responsible for client matters involving commercial and construction oriented litigation. The primary focus of Mr. Ramming’s practice is related to defending builders, developers, contractors, subcontractors and design professionals including architects and engineers in construction defect lawsuits. Mr. Ramming has been lead counsel on a number of Colorado’s largest multi-family construction defect trials, and he is regularly involved as lead counsel on Colorado’s largest construction defect lawsuits. Mr. Ramming also assists business and individual clients in prosecuting construction related claims. In addition to his construction law practice, Mr. Ramming has arbitrated and tried cases involving priority and foreclosure of mechanic’s liens, actions against landowners, landlord/tenant disputes, adjoining landowner disputes, premises liability actions, personal injury/wrongful death actions and contract

disputes. He has also acted as lead and co-counsel on numerous jury and court trials as well as many arbitrations under the auspices of the American Arbitration Association and the National Association of Securities Dealers. Mr. Ramming is a member of the Construction Section of the Colorado Bar Association. In law school Mr. Ramming was a member of the Moot Court Trial Advocacy team and Moot Court Board of Governors. He continues to work with young adults by regularly participating as a panelist in state sponsored Moot Court competitions. He was selected for inclusion in “Super Lawyers” by Law and Politics magazine in 2009, 2010, 2012 and 2014. Mr. Ramming has also been published in the Colorado Lawyer. Mr. Ramming regularly participates as a lecturer at construction law conferences, both in Colorado and across the Country, and has spoken at conferences sponsored by various organizations including the American Bar Association, the Colorado Bar Association, the Colorado Defense Lawyers Association and the National Institute of Trial Advocacy.

Admission to Practice:

Admitted to Colorado Bar 1993

Admitted to United States District Court for the District of Colorado 1995

Admitted 10th Circuit Court of Appeals 2004

Education:

Bachelor of Arts, University of Oklahoma 1989

Juris Doctorate Oklahoma City University 1992

Published Opinions:

Ingold v. AIMCO Bluffs, LLC Apartments, 159 P. 3d 116 (Colo. 2007).

Rose v. Colorado Factory Home, 10 P. 3d 680 (Colo. App. 2000)

Sweetbaum Sands Anderson PC Attorneys at Law

1125 17th

Street, Suite 2100 Denver, CO 80202

303-296-3377

[email protected]

Statutory Revisions Committeecobar.org/For-Members/CBA-Sections/Trust-and-Estate/Statutory-Revisions-Subcommittee-Homepage-

The Statutory Revisions Committee (“SRC”) is the largest standing committee of the Trust & Estate Section of theColorado Bar Association. It meets from 1:30 to 3:15 p.m. on the third Thursday of every month, except June andJuly. As its name suggests, this committee’s principal function is to critically examine and when needed reviseexisting probate law and consider proposals for new probate law. In order to accomplish that, it formssubcommittees to debate, draft, and promote changes to Colorado’s probate statutes. Their work product is thenapproved or not at the monthly meeting of the SRC.

Specifically, the SRC reviews Uniform Acts on subject matters related to trusts and estates that are proposed foradoption by the Uniform Law Commission (f/k/a The National Conference of Commissioners on Uniform StateLaws). The SRC also receives and considers input and requests from probate lawyers statewide on issues,concerns, clarifications, and improvements related to existing statutes, and it responds to proposed legislationeffecting probate laws introduced by third parties. The SRC’s general approach and philosophy is to buildconsensus on clarifying, improving and promoting Colorado probate law.

Finally, the SRC, working through its subcommittees, drafts legislation and provides speakers to present thatlegislation for approval bythe Colorado Bar Association’s Legislative PolicyCommittee and to testify at legislativehearings and work with its legislative sponsors during the political process of enacting its legislation.

The SRC solicits and encourages open and active participation in its work product by all members of the Trust &Estate Section of the Colorado Bar Association and by third parties interested in the work of the Section.

Meets at 1:30 on Super Thursday (the third Thursday of each month)

Chair: Josie Faix [email protected]: Leia Ursery [email protected]

1/1

http://www.cobar.org/For-Members/CBA-Sections/Trust-and-Estate/Statutory-Revisions-Subcommittee-Homepage-

mailto:

mailto:

DRAFT9.2.16

BILL TOPIC: "Statutory Revision Committee SB 16-146 Fix"

First Regular SessionSeventy-first General Assembly

STATE OF COLORADODRAFT

LLS NO. 17-0138.01 Jane Ritter x4342 COMMITTEE BILL

@House1 Committees @House2 Committees

A BILL FOR AN ACT

101 CONCERNING THE CORRECTION OF AN AMENDING CLAUSE IN SENATE

102 BILL 16-146 RELATED TO THE REPEAL OF PART 14 OF ARTICLE

103 4 OF TITLE 25.

Bill Summary

(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available athttp://www.leg.state.co.us/billsummaries.)

Statutory Revision Committee. The bill fixes an incorrectamending clause from Senate Bill 16-146 that failed to repeal the entiretyof part 14 of article 4 of title 25 prior to the repeal and relocation ofsections in that part 14.

Statutory Revision CommitteeSPONSORSHIP

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.

http://www.leg.state.co.us/billsummaries

DRAFT9.2.16

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. In Session Laws of Colorado 2016, amend section

3 3 of chapter 230 as follows:

4 Section 3. IN COLORADO REVISED STATUTES, REPEAL OF

5 PROVISIONS NOT BEING RELOCATED IN THIS ACT 25-4-1401, 25-4-1402,

6 25-4-1402.5, 25-4-1403, 25-4-1404, 25-4-1405, 25-4-1405.5, 25-4-1406,

7 25-4-1407, 25-4-1408, 25-4-1408.5, 25-4-1409, 25-4-1410, AND in

8 Colorado Revised Statutes, repeal 18-7-201.5, 18-7-201.7, 18-7-205.5,

9 18-7-205.7, and 25-1-1202 (1) (ccc).

10 SECTION 2. Safety clause. The general assembly hereby finds,

11 determines, and declares that this act is necessary for the immediate

12 preservation of the public peace, health, and safety.

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DRAFT10.5.16

BILL TOPIC: "Nonsubstantive Relocation Commn On Family Medicine"



LLS NO. 17-0141.01 Kate Meyer x4348 COMMITTEE BILL


A BILL FOR AN ACT

101 CONCERNING THE NONSUBSTANTIVE RELOCATION OF LAWS

102 PERTAINING TO THE COMMISSION ON FAMILY MEDICINE.

Bill Summary


Statutory Revision Committee. The commission on familymedicine (commission) is an advisory body within the department ofhealth care policy and financing (HCPF). Currently, the laws governingthe commission are located within title 25, Colorado Revised Statutes.Sections 1 and 4 of the bill relocate those laws to title 25.5, ColoradoRevised Statutes, (the "State Health Care Policy and Financing Act"),




DRAFT10.5.16

which title generally pertains to HCPF. Sections 2 and 3 makeconforming amendments.


2 SECTION 1. In Colorado Revised Statutes, add with amended

3 and relocated provisions part 6 to article 1 of title 25.5 as follows:

4 PART 6

5 COMMISSION ON FAMILY MEDICINE

6 25.5-1-601. [Formerly 25-1-901] Legislative declaration.

7 (1) The general assembly hereby finds and declares that:

8 (a) Physicians engaged in family medicine are in critically short

9 supply in this state;

10 (b) Because of the distribution of such physicians, many rural and

11 urban areas of the state are underserved;

12 (b.1) (c) A significant portion of the state population is medically

13 underserved because of indigency;

14 (b.2) (d) Family physicians provide health care to all segments of

15 the population;

16 (c) (e) The provision of more competent family physicians is a

17 public purpose of great importance; and

18 (d) (f) The creation of the commission on family medicine is a

19 desirable, necessary, and economic COST-EFFECTIVE means of addressing

20 the needs described in paragraphs (a) and (b) of this subsection (1).

21 25.5-1-602. [Formerly 25-1-902] Commission created -

22 composition - terms of office. (1) There is hereby created, in the

23 department of health care policy and financing, the commission on family

24 medicine, referred to in this part 9 PART 6 as the "commission". No more

25 than four members of the commission appointed by the governor pursuant

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DRAFT10.5.16

1 to paragraph (d) of this subsection (1) SUBSECTION (1)(d) OF THIS SECTION

2 may be members of the same major political party. A vacancy on the

3 commission occurs whenever any health care consumer member moves

4 out of the congressional district from which he or she was appointed. A

5 health care consumer member who moves out of the congressional district

6 shall promptly notify the governor of the date of the move, but notice is

7 not a condition precedent to the occurrence of the vacancy. The governor

8 shall fill the vacancy by appointment for the unexpired term. The

9 commission consists of the following members:

10 (a) The deans of accredited allopathic and osteopathic schools of

11 medicine in the state or their designated representatives;

12 (b) The director of all family medicine programs in the state

13 accredited by the accreditation council on graduate medical education of

14 the American medical association or the American osteopathic

15 association;

16 (c) A representative of the Colorado academy of family

17 physicians; and

18 (d) A health care consumer to be appointed by the governor from

19 each congressional district in the state.

20 (2) The members appointed under paragraph (d) of subsection (1)

21 SUBSECTION (1)(d) of this section shall serve THREE-YEAR TERMS. ALL

22 MEMBERS SERVE at the pleasure of the governor. and shall serve for

23 three-year terms.

24 (3) The commission shall elect a chairman CHAIRPERSON and a

25 vice-chairman VICE-CHAIRPERSON from among its members. Members of

26 the commission shall serve without compensation, but members described

27 in paragraphs (b), (c), and (d) of subsection (1) SUBSECTIONS (1)(b),

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DRAFT10.5.16

1 (1)(c), AND (1)(d) of this section shall be ARE entitled to their actual and

2 necessary expenses incurred in the performance of their duties. The

3 commission shall meet on call of the chairman CHAIRPERSON, but not less

4 than once every three months. A majority of the members of the

5 commission constitutes a quorum for the transaction of business.

6 25.5-1-603. [Formerly 25-1-903] Duties of commission -

7 reporting. (1) The commission shall:

8 (a) Assure that family medicine residency program standards are

9 equal to or more stringent than the standards established by the

10 accreditation council on graduate medical education of the American

11 medical association or the American osteopathic association for residency

12 training in family medicine;

13 (b) In cooperation with the dean of the school of medicine,

14 approve and recommend allocation of any funds which are identified and

15 appropriated in the general appropriation bill as a line item for any

16 community family medicine residency training program;

17 (c) Monitor the state's family medicine residency programs and

18 recommend from time to time that the general assembly appropriate funds

19 for said programs;

20 (d) Locate specific areas of the state which are underserved by

21 family physicians and determine the priority of need among such areas;

22 (e) Offer to the general assembly alternative ideas on providing

23 medical care to the medically indigent in the state; AND

24 (f) (I) Support the development and maintenance of family

25 medicine residency programs in rural and other underserved areas of the

26 state for purposes of cultivating family medicine practitioners who are

27 likely to continue practicing in rural and underserved areas of the state at

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DRAFT10.5.16

1 the conclusion of their residency programs.

2 (II) (Deleted by amendment, L. 2014.)

3 (III) (II) NOTWITHSTANDING SECTION 24-1-136 (11), on or before

4 November 1, 2014, and on or before each November 1, thereafter, the

5 commission shall report to the office of state planning and budgeting and

6 to the department of health care policy and financing concerning rural

7 family medicine residency programs in the state and the role of the

8 commission with respect to supporting the development and maintenance

9 of those programs. In addition, the commission shall present the report to

10 the joint budget committee as part of its annual presentation to that

11 committee.

12 (2) and (3) Repealed.

13 SECTION 2. In Colorado Revised Statutes, 24-1-135.1, amend

14 (1)(a) as follows:

15 24-1-135.1. Effect of congressional redistricting related to 2000

16 federal decennial census - definition. (1) (a) The appointing authority

17 of the boards, commissions, or committees established pursuant to

18 sections 13-91-104, 14-10-115, 21-2-101, 23-1-102, 23-21-503,

19 23-60-104, 24-32-706, 25-1-103, 25-1-902, 25.5-1-301, 25.5-1-602,

20 26-11-101, 33-11-105, and 35-65-401, C.R.S., which require members to

21 be appointed as residents of designated congressional districts, shall

22 determine whether the current appointments to such boards, commissions,

23 or committees adequately represent Colorado's new congressional

24 districts. Notwithstanding any provision of law to the contrary, such

25 appointing authority shall terminate the terms of current members and

26 appoint new members to replace such members on the boards,

27 commissions, or committees as is necessary to ensure proper

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DRAFT10.5.16

1 representation from the new congressional districts; except that the term

2 of a member who continues to reside in the district that such member was

3 designated to represent shall not be terminated. Such changes shall be

4 made no later than January 1, 2003. If the current members adequately

5 represent the new congressional districts, the membership of the board,

6 commission, or committee shall remain unchanged. Any member who

7 continues to serve on a board, commission, or committee shall not be

8 required to be reappointed.

9 SECTION 3. In Colorado Revised Statutes, 25-1.5-504, amend

10 (2)(a) as follows:

11 25-1.5-504. Colorado health service corps advisory council -

12 creation - membership - duties - repeal. (2) The advisory council

13 consists of thirteen members appointed by the governor as provided in

14 this subsection (2). In appointing members of the advisory council, the

15 governor shall ensure that the advisory council includes at least one

16 representative from each of the following organizations:

17 (a) The commission on family medicine created pursuant to part

18 9 of article 1 of this title PART 6 OF ARTICLE 1 OF TITLE 25.5;

19 SECTION 4. Repeal of relocated provisions in this act. In

20 Colorado Revised Statutes, repeal part 9 of article 1 of title 25.

21 SECTION 5. Act subject to petition - effective date. This act

22 takes effect at 12:01 a.m. on the day following the expiration of the

23 ninety-day period after final adjournment of the general assembly (August

24 9, 2017, if adjournment sine die is on May 10, 2017); except that, if a

25 referendum petition is filed pursuant to section 1 (3) of article V of the

26 state constitution against this act or an item, section, or part of this act

27 within such period, then the act, item, section, or part will not take effect

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DRAFT10.5.16

1 unless approved by the people at the general election to be held in

2 November 2018 and, in such case, will take effect on the date of the

3 official declaration of the vote thereon by the governor.

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DRAFT10.4.16

BILL TOPIC: "Repeal Obsolete State Legislative District Laws"





A BILL FOR AN ACT

101 CONCERNING THE REPEAL OF OBSOLETE LAWS RELATING TO

102 REAPPORTIONMENT OF STATE LEGISLATIVE DISTRICTS.

Bill Summary


Statutory Revision Committee. The general assembly formerlydrew the boundaries of state senate and house of representative districtsbut was divested of this power upon the creation, via a ballot initiative inthe 1974 general election, of the Colorado reapportionment commission.The bill repeals obsolete laws pertaining to:

! Districts drawn by the general assembly following the 1970




DRAFT10.4.16

federal census; and! The 6 house of representatives districts that were redrawn

by the general assembly in 1998 to achieve compliancewith the "Voting Rights Act of 1965" following Sanchezv. State of Colorado, 97 F.3d 1303 (10th Cir. 1996) (cert.denied May 19, 1997).


2 SECTION 1. In Colorado Revised Statutes, repeal parts 1 and 2

3 of article 2 of title 2, C.R.S.











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DRAFT10.4.16

BILL TOPIC: "Repeal Obsolete State Legislative District Laws"





A BILL FOR AN ACT


102 REAPPORTIONMENT OF STATE LEGISLATIVE DISTRICTS.

Bill Summary


Statutory Revision Committee. The general assembly formerlydrew the boundaries of state senate and house of representative districtsbut was divested of this power upon the creation, via a ballot initiative inthe 1974 general election, of the Colorado reapportionment commission.The bill repeals obsolete laws pertaining to:

! Districts drawn by the general assembly following the 1970




DRAFT10.4.16

federal census; and! The 6 house of representatives districts that were redrawn

by the general assembly in 1998 to achieve compliancewith the "Voting Rights Act of 1965" following Sanchez v.State of Colorado, 97 F.3d 1303 (10th Cir. 1996) (cert.denied May 19, 1997).


2 SECTION 1. In Colorado Revised Statutes, repeal part 1 of

3 article 2 of title 2 as follows:

4 2-2-101. Number of members of general assembly - election

5 from districts. (1) The senate of the general assembly shall consist of

6 thirty-five members and the house of representatives thereof shall consist

7 of sixty-five members, with one member of the senate to be elected from

8 each senatorial district and one member of the house of representatives

9 to be elected from each representative district, as established in this part

10 1.

11 (2) The definition of areas to be included in each senatorial and

12 representative district is by reference to counties and to official census

13 tracts, census divisions, census block groups, census blocks, and

14 enumeration districts created by the United States bureau of the census to

15 which fixed population counts have been assigned as of the year 1970.

16 2-2-102. Senatorial districts - number - composition. The

17 senatorial districts are defined as follows:

18 (1) District 1: Census tracts numbered 1.01, 1.02, 3.01, 3.02,

19 3.03, 5.00, 6.00, 7.01, 7.02, 97.00, 104.01, 106.01, and 115.00 in the city

20 and county of Denver; that part of census tract number 2.01 in the city

21 and county of Denver which is not contained in district 2; census block

22 groups numbered 4 and 5 in census tract number 2.02 in the city and

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DRAFT10.4.16

1 county of Denver; census block groups numbered 3 and 4 and census

2 blocks numbered 105, 106, 115, 201, 214, and 215 in census tract number

3 4.01 in the city and county of Denver; census block groups numbered 5,

4 6, and 7 and census blocks numbered 104, 105, 106, 107, 114, 115, 201,

5 202, 209, 210, 211, and 212 in census tract number 4.02 in the city and

6 county of Denver; those parts of census tracts numbered 8 and 9.01 in the

7 city and county of Denver which are not contained in district 4; that part

8 of census tract number 97.50 which is in the city and county of Denver,

9 being a part of census block number 210; and census block group number

10 3 and census blocks numbered 901, 908, and 909 in census tract number

11 97.50, which block group and blocks are in Adams county.


13 17.01, 17.02, 24.01, 24.02, 25.00, 26.01, 26.02, 89.02, and 95.03 in the

14 city and county of Denver; census block groups numbered 1, 2, and 3 and

15 census blocks numbered 402, 414, 501, and 514 in census tract number

16 2.01 in the city and county of Denver; those parts of census tracts

17 numbered 2.02, 4.01, and 4.02 in the city and county of Denver which are

18 not contained in district 1; that part of census tract number 15.50 which

19 is in the city and county of Denver, being a part of census block number

20 901; census block group number 1 in census tract number 18.00 in the

21 city and county of Denver; census block groups numbered 1, 2, 3, 4, and

22 7 in census tract number 19.00 in the city and county of Denver; census

23 block groups numbered 1 and 2 and census blocks numbered 301, 302,

24 303, 304, and 305 in census tract number 20 in the city and county of

25 Denver; those parts of census tracts numbered 23, 31.01, 31.02, 35.00,

26 and 36.01 in the city and county of Denver which are not contained in

27 district 3; that part of census tract number 27.01 in the city and county of

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DRAFT10.4.16

1 Denver which is not contained in district 5; and that part of census tract

2 number 89.52 which is in the city and county of Denver, being a part of

3 census block number 101.


5 41.02, 41.03, 41.04, 42.01, and 42.02 in the city and county of Denver;

6 census block groups numbered 1, 2, and 3 and census blocks numbered

7 401, 402, 403, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504, 505,

8 506, 509, 510, 511, 601, 602, 603, 604, 605, and 606 in census tract

9 number 23 in the city and county of Denver; census block groups

10 numbered 1 and 2 in census tract number 31.01 in the city and county of

11 Denver; census block groups numbered 1 and 2 and census blocks

12 numbered 301, 302, 406, and 407 in census tract number 31.02 in the city

13 and county of Denver; census block groups numbered 1, 2, 3, 4, 5, and 8

14 and census blocks numbered 712, 713, 714, 715, 716, 732, 733, and 734

15 in census tract number 35.00 in the city and county of Denver; and census

16 block groups numbered 2 and 3 in census tract number 36.01 in the city

17 and county of Denver.


19 13.02, 21.00, 45.01, and 45.02 in the city and county of Denver; census

20 blocks numbered 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401,


22 number 8.00 in the city and county of Denver; census block groups

23 numbered 2, 3, 4, and 6 and census blocks numbered 501, 502, 503, 504,

24 505, 506, 507, and 508 in census tract number 9.01 in the city and county

25 of Denver; those parts of census tracts numbered 18.00, 19.00, and 20.00

26 in the city and county of Denver which are not contained in district 2;

27 census block group number 4 and census blocks numbered 303, 304, and

-4- DRAFT

DRAFT10.4.16


2 blocks numbered 305, 307, 309, 314, 315, 316, and 318 in census tract

3 number 28.01 in the city and county of Denver; census blocks numbered

4 101, 103, 104, 106, 107, 108, 109, and 114 in census tract number 28.02

5 in the city and county of Denver; census blocks numbered 103, 104, 105,

6 106, 107, 108, 109, 110, and 206 in census tract number 29.01 in the city

7 and county of Denver; and census block groups numbered 6 and 7 and

8 census blocks numbered 101, 102, 103, 104, 105, 106, 107, 108, 109,

9 110, 111, 203, 204, 205, 206, 207, 208, and 209 in census tract number

10 46.01 in the city and county of Denver.



13 census blocks numbered 201, 202, 205, 206, 301, and 302 in census tract

14 number 27.01 in the city and county of Denver; that part of census tract

15 number 27.02 in the city and county of Denver which is not contained in

16 district 4; census block group number 1 and census blocks numbered 201,

17 202, 203, 204, 205, 206, 303, 304, 310, 311, 312, and 313 in census tract


19 701, 702, 703, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, and

20 716 in census tract number 44.01 in the city and county of Denver; and

21 those parts of census tracts numbered 32.03, 38.00, 43.03, and 43.05 in

22 the city and county of Denver which are not contained in district 6.


24 39.02, 49.00, 50.00, and 70.01 in the city and county of Denver; that part

25 of census tract number 28.01 in the city and county of Denver which is

26 not contained in districts 4 and 5; those parts of census tracts numbered

27 28.02 and 29.01 in the city and county of Denver which are not contained

-5- DRAFT

DRAFT10.4.16

1 in district 4; census block groups numbered 1 and 3 and census blocks

2 numbered 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 217,

3 218, 219, 220, 221, 222, 401, 402, 403, 407, 408, 409, and 410 in census

4 tract number 30.01 in the city and county of Denver; census block group

5 number 2 and census blocks numbered 113, 114, 115, 116, 117, 118, and



8 113, 114, 115, 116, 117, 118, 119, 120, 401, 402, 403, 404, 405, 406,

9 407, 408, 409, 410, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524,

10 525, and 526 in census tract number 38.00 in the city and county of

11 Denver; census block groups numbered 3 and 4 and census blocks

12 numbered 214, 215, 216, 217, 218, 501, 502, 503, 504, 505, 506, 507, and


14 block group number 3 and census blocks numbered 207, 208, 209, 210,


16 Denver; census block groups numbered 1 and 2 in census tract number

17 51.01 in the city and county of Denver; census block groups numbered 1

18 and 2 in census tract number 51.02 in the city and county of Denver;

19 census block group number 1 in census tract number 52.00 in the city and

20 county of Denver; that part of census tract number 70.51 which is in the

21 city and county of Denver, being a part of census block number 114;

22 census tract number 49.50 which includes area in Arapahoe county and

23 the city and county of Denver; that part of census tract number 51.51

24 which is in Arapahoe county and is not contained in district 7; and census

25 blocks numbered 102, 103, 104, 105, 106, 107, 108, 109, and 110 in

26 census tract number 30.03 in the city and county of Denver.


-6- DRAFT

DRAFT10.4.16

1 40.03, 40.04, 53.00, 67.01, 68.01, 68.02, 68.03, 68.04, 69.01, 69.02,

2 70.02, and 70.06 in the city and county of Denver; census block group

3 number 8 and census blocks numbered 702, 703, 704, 705, 706, 707, 710,


5 Denver; census blocks numbered 101, 102, 103, 104, 105, 106, 107, 109,


7 number 30.02 in the city and county of Denver; those parts of census

8 tracts numbered 30.03, 51.01, 51.02, and 52.00 in the city and county of

9 Denver which are not contained in district 6; that part of census tract

10 number 68.52 which is in the city and county of Denver, being a part of

11 census block number 901; that part of census tract number 68.53 which

12 is in the city and county of Denver, being census block number 902; that

13 part of census tract number 70.52 which is in the city and county of

14 Denver, being a part of census block number 115; that part of census tract

15 number 70.56 which is in the city and county of Denver, being parts of

16 census blocks numbered 903 and 905; census tracts numbered 53.50 and

17 69.51 which include area in Arapahoe county and the city and county of

18 Denver; that part of census block number 301 in census tract number

19 67.51 which includes area in Arapahoe county and the city and county of

20 Denver and is bounded on the west by Quebec street, on the south by

21 Belleview avenue, and on the northeast by the right-of-way of Interstate

22 highway 25; census block number 903 in census tract number 68.54,

23 which block is in the city and county of Denver; census blocks numbered

24 906 and 907 in census tract number 68.54, which blocks include area in

25 Arapahoe county and the city and county of Denver; that part of census

26 tract number 51.51 which is in the city and county of Denver; and census

27 tract number 69.52 in Arapahoe county.

-7- DRAFT

DRAFT10.4.16


2 46.03, 47.00, 48.01, 48.02, 54.01, 54.02, 55.01, 55.02, 55.03, 56.01,

3 119.01, 119.02, 119.03, and 120.01 in the city and county of Denver; that

4 part of census tract number 30.01 in the city and county of Denver which

5 is not contained in districts 6 and 7; that part of census tract number 30.02

6 in the city and county of Denver which is not contained in district 7; that


8 is not contained in district 4; that part of census tract number 55.51 which

9 is in the city and county of Denver, being census block number 216; that


11 Denver, being census block number 101 and a part of census block

12 number 105; that part of census tract number 120.02 which is in the city

13 and county of Denver and is within five hundred feet of the southern

14 boundary of the right-of-way of west Quincy avenue; that part of census

15 tract number 120.51 which is in the city and county of Denver, being

16 census block number 901 and a part of census block number 902; census

17 block number 103 in census tract number 119.52 in Jefferson county;

18 census tract number 54.03 in Arapahoe county; and census block number

19 101 in census tract number 48.52 in Arapahoe county.

20 (9) District 9: Census tracts numbered 10, 11.02, 12, 13.01,

21 13.02, 14, 16, 17, 24, 34, 35, 36, 37.01, 37.02, 38, 39.01, and 39.02 in El

22 Paso county; those parts of census tracts numbered 15, 22, and 23 in El

23 Paso county which are not contained in district 12; census blocks

24 numbered 304, 306, 307, 308, 309, 311, and 312 in census tract number

25 11.01 in El Paso county; and that part of census tract number 9 in El Paso

26 county which is not contained in district 11.

27 (10) District 10: Census tracts numbered 21.02, 40.01, 40.02,

-8- DRAFT

DRAFT10.4.16

1 40.03, 40.04, 41, 42, 43, 45.01, 45.02, 45.03, and 46 in El Paso county;

2 census block group number 1 except census blocks numbered 101, 102,

3 and 104 in census tract number 1 in El Paso county; that part of census

4 tract number 20 in El Paso county which is not contained in district 11;

5 and that part of census tract number 21.01 in El Paso county which is not

6 contained in district 11.

7 (11) District 11: Census tracts numbered 2, 3.01, 3.02, 4, 5, 6, 7,

8 8, 18, 19, 27, and 28 in El Paso county; that part of census tract number

9 1 in El Paso county which is not contained in district 10; census block

10 group number 1 and census blocks numbered 204, 311, 312, 313, 314,

11 315, 316, and 317 in census tract number 9 in El Paso county; that part of

12 census tract number 11.01 in El Paso county which is not contained in

13 district 9; census block groups numbered 1 and 2 and census blocks

14 numbered 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,

15 313, 314, 315, 316, and 325 in census tract number 21.01 in El Paso

16 county; census block groups numbered 2 and 3 and census blocks

17 numbered 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121,


19 number 20 in El Paso county; and census blocks numbered 101, 201, 608,

20 and 710 in census tract number 29 in El Paso county.

21 (12) District 12: Census tracts numbered 25, 26, 30, 31, 32,

22 33.01, 33.02, and 44 in El Paso county; census blocks numbered 211 and

23 212 in census tract number 15 in El Paso county; census block group


25 212, 401, 402, and 403 in census tract number 22 in El Paso county;

26 enumeration districts numbered 189 and 190 and census block number

27 413 in census tract number 23 in El Paso county; that part of census tract

-9- DRAFT

DRAFT10.4.16

1 number 29 in El Paso county which is not contained in district 11; that

2 part of Fremont county which is not contained in district 33; enumeration

3 district number 16 in census tract number 29.02 in Pueblo county; and

4 enumeration districts 6, 7, 8, and 9 in Teller county.

5 (13) District 13: Census tracts numbered 112, 116, 117.01,

6 117.02, 117.03, 117.04, 117.06, 117.07, 118.01, 118.02, 119.51, 120.03,

7 120.04, and 120.05 in Jefferson county; that part of census tract number

8 119.53 which is in Jefferson county and is not contained in district 8; that

9 part of census tract number 120.02 in Jefferson county and the city and

10 county of Denver which is not contained in district 8; enumeration district

11 number 29 in census tract number 120.09 in Jefferson county; that part of

12 census tract number 119.52 in Jefferson county which is not contained in

13 district 8; and that part of census tract number 120.51 which is in

14 Jefferson county and is not contained in district 8.


16 107, 110, 111, 113, 114, and 115.50 in Jefferson county; census block


18 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 318, 319, and 326

19 in census tract number 104.02 in Jefferson county; census block group


21 208, 209, and 210 in census tract number 104.03 in Jefferson county;

22 census block groups numbered 2 and 3 in census tract number 105.01 in

23 Jefferson county; census block groups numbered 1 and 2 in census tract

24 number 108 in Jefferson county; census block groups numbered 1 and 2

25 and census blocks numbered 301, 303, and 304 in census tract number

26 109 in Jefferson county; census blocks numbered 205, 206, 207, 208, and

27 209 in census tract number 104.51 in Jefferson county.

-10- DRAFT

DRAFT10.4.16

1 (15) District 15: The counties of Clear Creek and Park; that part

2 of Teller county which is not contained in district 12; enumeration

3 districts numbered 8 and 9 in Douglas county; census tracts numbered

4 98.06, 98.07, 98.09, 98.10, 99, 100, 101, 117.05, 120.06, 120.07, and

5 120.08 in Jefferson county; census block group number 1 in census tract

6 number 98.08 in Jefferson county; census blocks numbered 908, 909,

7 910, and 911 in census tract number 103.02 in Jefferson county; that part

8 of census tract number 120.09 in Jefferson county which is not contained

9 in district 13; those parts of census tracts numbered 98.04 and 98.05 in

10 Jefferson county which are not contained in district 16; those parts of

11 census tracts numbered 104.03, 105.01, 108, and 109 in Jefferson county

12 which are not contained in district 14; and that part of census tract

13 number 104.02 in Jefferson county which is not contained in districts 14

14 and 16.

15 (16) District 16: The county of Gilpin; census tracts numbered

16 127.04 and 131.02 in Boulder county; that part of census tract number

17 125.05 in Boulder county which is not contained in district 23;

18 enumeration district number 304, census block group number 4, and

19 census blocks numbered 314, 315, 316, 317, 318, 319, 320, 321, and 322

20 in census tract number 125.04 in Boulder county; enumeration district

21 number 311 and census blocks numbered 110, 111, 113, 114, 115, and

22 116 in census tract number 125.06 in Boulder county; that part of census

23 tract number 137 in Boulder county which is not contained in district 24;

24 census tracts numbered 98.01, 98.02, 98.03, 102.01, 102.02, and 103.01

25 in Jefferson county; census blocks numbered 908, 909, and 910 in census

26 tract number 98.04 in Jefferson county; census blocks numbered 101,


-11- DRAFT

DRAFT10.4.16

1 98.05 in Jefferson county; those parts of census tracts numbered 98.08

2 and 103.02 in Jefferson county which are not contained in district 15;

3 census block group number 1 and census blocks numbered 315, 320, 321,

4 322, 323, 324, and 325 in census tract number 104.02 in Jefferson county;

5 and that part of census tract number 104.51 in Jefferson county which is

6 not contained in district 14.

7 (17) District 17: Census tracts numbered 78, 79, 80, 81, 83.02,

8 83.03, 84, 85.03, 85.04, 86.01, 86.02, 93.05, 94.01, and 94.02 in Adams

9 county; enumeration district number 129 in census tract number 91 in

10 Adams county; census block group number 7 in census tract number

11 96.01 in Adams county; that part of census tract number 85.02 in Adams

12 county which is not contained in district 18; enumeration districts

13 numbered 122 and 125 in census tract number 85.01 in Adams county;

14 that part of census tract number 83.51 in Adams county which is not

15 contained in district 19; census block group number 1 and census blocks

16 numbered 201, 202, and 203 in census tract number 82 in Adams county;

17 that part of census tract number 87.01 which is in Adams county and is

18 not contained in district 19; that part of census block number 904 in

19 census tract number 93.03 in Adams county which is north of 96th

20 avenue; census block groups numbered 2 and 3 and census blocks

21 numbered 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,

22 114, 115, and 116 in census tract number 93.04 in Adams county; and

23 that part of census block number 101 in census tract number 93.04 in

24 Adams county which is north of Fred drive and a line extending easterly

25 from the eastern terminus of Fred drive to 96th avenue.

26 (18) District 18: Census tracts numbered 90, 92, 93.01, 93.02,

27 and 95.01 in Adams county; those parts of census tracts numbered 85.01

-12- DRAFT

DRAFT10.4.16

1 and 91 in Adams county which are not contained in district 17; those parts

2 of census tracts numbered 93.03 and 93.04 in Adams county which are

3 not contained in district 17; and census block groups numbered 1, 2, 3,

4 and 5 and census blocks numbered 402, 404, 405, 406, and 407 in census

5 tract number 85.02 in Adams county.


7 88.02, 89.01, 95.02, 95.53, and 96.02 in Adams county; census tract

8 number 41.55 which includes area in Adams county and the city and

9 county of Denver; that part of census tract number 87.01 which includes

10 area in Adams county and the city and county of Denver and which is

11 west of D street; those parts of census tracts numbered 15.50 and 89.52

12 which are in Adams county and are not contained in district 2; census

13 tracts numbered 41.05 and 83.01 in the city and county of Denver; that

14 part of census tract number 97.50 which is in Adams county and is not

15 contained in district 1; those parts of census tracts numbered 82 and 96.01

16 in Adams county which are not contained in district 17; and census block

17 number 901 in census tract number 83.51 in Adams county.


19 56.05, 57.00, 58.00, 59.00, 60.00, 61.00, 62.00, 63.00, and 64.00 in

20 Arapahoe county; that part of census tract number 48.52 in Arapahoe

21 county which is not contained in district 8; those parts of census tracts

22 numbered 55.53, 66.01, and 67.02 in Arapahoe county which are not

23 contained in district 22; that part of census tract number 55.51 which is

24 in Arapahoe county and is not contained in district 8; and that part of

25 census tract number 67.51 which is in Arapahoe county and is not



-13- DRAFT

DRAFT10.4.16

1 68.52, 70.03, 70.04, 70.05, 70.10, 70.51, 72.00, 74.00, 75.00, 76.00,

2 77.01, 77.02, and 73.00 in Arapahoe county; census block group number

3 1 and census blocks numbered 905, 906, 907, and 908 in census tract

4 number 70.11 in Arapahoe county; census tract number 44.02 in the city


6 and county of Denver which is not contained in district 5; that part of

7 census tract number 70.07 in Arapahoe county which is not contained in

8 district 22; and those parts of census tracts numbered 70.52 and 70.56

9 which are in Arapahoe county and are not contained in district 7.

10 (22) District 22: The counties of Crowley, Elbert, and Lincoln;

11 that part of Douglas county not contained in district 15; census tracts

12 numbered 56.02, 56.03, 56.06, 56.51, 65.00, 66.02, 67.03, 68.05, 68.06,

13 68.53, 70.08, 70.09, and 71.00 in Arapahoe county; census blocks

14 numbered 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, and

15 216 in census tract number 55.53 in Arapahoe county; census block group

16 number 2 in census tract number 66.01 in Arapahoe county; census block

17 groups numbered 1 and 2 and census blocks numbered 301, 302, 303,

18 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, and 315 in census

19 tract number 67.02 in Arapahoe county; that part of census tract number

20 68.54 which is in Arapahoe county and is not contained in district 7;

21 census blocks numbered 109, 115, and 116 in census tract number 70.07

22 in Arapahoe county; and that part of census tract number 70.11 in

23 Arapahoe county which is not contained in district 21.


25 125.01, 125.02, 125.03, 126.02, 127.01, 127.02 127.03, 128.00, 129.00,

26 130.00, and 131.01 in Boulder county; census blocks numbered 101, 104,


-14- DRAFT

DRAFT10.4.16

1 in Boulder county; census block groups numbered 1, 2, and 3 in census

2 tract number 125.05 in Boulder county; that part of census tract number

3 126.01 in Boulder county which is not contained in district 24; those parts

4 of census tracts numbered 125.04 and 125.06 in Boulder county which are

5 not contained in district 16; and census blocks numbered 110 and 111 in

6 census tract number 122.02 in Boulder county.


8 124.01, 124.02, 132.01, 132.02, 132.03, 132.04, 132.05, 133.01, 133.02,

9 134.00, 135.00, 136.01, and 136.02 in Boulder county; those parts of

10 census tracts numbered 122.01 and 122.02 in Boulder county which are

11 not contained in district 23; census blocks numbered 206, 207, 208, 212,

12 and 223 in census tract number 126.01 in Boulder county; and

13 enumeration districts numbered 3, 4, 7, 8, 9, 10, 11, 12, 13, and 312 in

14 census tract number 137.00 in Boulder county.

15 (25) District 25: Census tracts numbered 1, 2, 3, 4, 5, 6, 7, 13, 14,

16 15, 16, 17, 18, 19, 20, 26, 27, 28.01, 28.02, and 29.01 in Pueblo county;



19 number 25 in Pueblo county; that part of census tract number 28.03 which

20 is not contained in district 26; and census block groups numbered 1, 2,

21 and 9 and census enumeration district number 17 in census tract number

22 29.02 in Pueblo county.

23 (26) District 26: The counties of Costilla and Huerfano; census

24 tracts numbered 8, 9.01, 9.02, 9.03, 10, 11, 12, 21, 22, 23, 24, 28.04,

25 30.01, 30.02, 31.01, 31.02, 32, 33, and 34 in Pueblo county; that part of

26 census tract number 25 in Pueblo county which is not contained in district

27 25; and enumeration districts numbered 31 and 112 in census tract

-15- DRAFT

DRAFT10.4.16

1 number 28.03 in Pueblo county.

2 (27) District 27: Census tracts numbered 3, 4, 5, 6, 11, 12, 14, 17,

3 18, 19, 20, 21, and 22 in Larimer county; those parts of census tracts

4 numbered 2 and 15 in Larimer county which are not contained in district

5 29; and enumeration district number 91 and census blocks numbered 906,

6 907, 908, 909, 910, 911, 917, 918, 919, 920, 921, 922, 923, 924, 925,


8 number 13 in Larimer county.

9 (28) District 28: Census tracts numbered 1, 2, 3, 4, 5, 8, 9, 10, 11,

10 12, 13, 17, 18, 20, and 21 in Weld county; enumeration district number

11 37 and census blocks numbered 115, 116, 117, 118, 119, 120, 121, 122,

12 123, 124, 125, and 126 in census tract number 6 in Weld county; and

13 those parts of census tracts numbered 7, 14, and 19 in Weld county which

14 are not contained in district 29.

15 (29) District 29: Census tracts numbered 1, 7, 8, 9, 10, and 16 in

16 Larimer county; census block groups numbered 1 and 2 in census tract

17 number 2 in Larimer county; census block groups numbered 1 and 2 and

18 census blocks numbered 901, 902, 903, 904, 905, 912, 913, 914, 915, and

19 916 in census tract number 13 in Larimer county; enumeration districts

20 numbered 105, 106, and 107 in census tract number 15 in Larimer county;

21 census tracts numbered 15, 16, 22, 23, 24, and 25 in Weld county; census

22 blocks numbered 101, 102, and 104 in census tract number 7 in Weld

23 county; enumeration district number 46A in census tract number 14 in

24 Weld county; enumeration districts numbered 112, 113, 114, 114B, and

25 115 in census tract number 19 in Weld county; that part of census tract

26 number 6 in Weld county which is not contained in district 28; and

27 enumeration districts numbered 12, 13, 14, 15, 16, 17, 18, 23, 25, 26, and

-16- DRAFT

DRAFT10.4.16

1 27 in Morgan county.

2 (30) District 30: The county of Mesa; and enumeration districts

3 numbered 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 in Delta

4 county.

5 (31) District 31: The counties of Eagle, Garfield, Grand, Jackson,

6 Lake, Moffat, Pitkin, Rio Blanco, Routt, and Summit.

7 (32) District 32: The counties of Dolores, La Plata, Ouray,

8 Montrose, Montezuma, San Juan, and San Miguel; and that part of Delta

9 county not contained in district 30.

10 (33) District 33: The counties of Archuleta, Alamosa, Chaffee,

11 Conejos, Custer, Gunnison, Hinsdale, Mineral, Rio Grande, and

12 Saguache; and enumeration districts numbered 2, 16, 17, 18, 19, 20, 21,

13 22, 23, 24, 25, 26, 28, 29, and 30 in Fremont county.

14 (34) District 34: The counties of Baca, Bent, Las Animas, Otero,

15 and Prowers.

16 (35) District 35: The counties of Cheyenne, Kiowa, Kit Carson,

17 Logan, Phillips, Sedgwick, Washington, and Yuma; and that part of

18 Morgan county which is not contained in district 29.

19 2-2-103. Election of senators. (1) Senators from the following

20 senatorial districts shall be elected at the general election held in

21 November, 1972, and every four years thereafter: 3, 4, 5, 7, 10, 12, 14,

22 16, 17, 19, 20, 21, 22, 23, 24, 25, 29, and 31.

23 (2) Senators from the following senatorial districts shall be elected

24 at the general election held in November, 1974, and every four years

25 thereafter: 1, 2, 6, 8, 9, 11, 13, 15, 18, 26, 27, 28, 30, 32, 33, 34, and 35.

26 2-2-104. Holdover senators keep office - vacancies. Nothing in

27 this part 1 shall be construed to cause the removal of any senator from his

-17- DRAFT

DRAFT10.4.16

1 office for the term for which he was elected, but each such senator shall

2 serve the term for which he was elected. In the event of a vacancy in the

3 senate, such vacancy shall be filled as provided by law.

4 2-2-105. Legislative declaration - findings of legislative fact.

5 (1) The general assembly declares it to be necessary to meet the equal

6 population requirements of section 46 of article V of the state

7 constitution, and it has therefore been necessary, in some instances, to add

8 part of one county to all or part of another county in forming senatorial

9 districts under this part 1.

10 (2) The general assembly further declares that some senatorial

11 districts are not comprised of areas whose boundaries are equidistant from

12 the geographic center of the respective areas, but that variations therefrom

13 were necessitated by population density and distribution, boundaries of

14 enumeration districts and other identifiable census units of area, natural

15 boundaries, and county lines in order to define senatorial districts having

16 population as nearly equal as may be.

17 (3) Pursuant to the requirements of section 47 of article V of the

18 state constitution, the senatorial districts established by this part 1 are

19 based upon the following factors: (1) Equal population; (2) a minimum

20 split of counties; and (3) compactness based upon geographic areas whose

21 boundaries are as nearly equidistant from a center as possible, limited by

22 variances caused by the shape of county boundary lines, census

23 enumeration lines, natural boundaries, population density, and the need

24 to retain compactness of adjacent districts.

25 Colorado's population as established by the 1970 federal census is

26 2,209,528. An average senatorial district is 63,129. The maximum

27 deviation in excess of this average for a senatorial district as provided by

-18- DRAFT

DRAFT10.4.16

1 this part 1 is 0.83 percent, while the smallest district is only 0.66 percent

2 below average.

3 Of those fifty-four counties with populations smaller than that of

4 the average senatorial district, only seven counties were split or thirteen

5 percent of the total of such counties. For the nine densely populated

6 counties, it is not possible to create a senatorial district which includes all

7 the territory in any one of these counties and meet the constitutional

8 requirements for equality of population; accordingly, more than one

9 senatorial district is found within the confines of each of these counties.

10 Moreover, the compactness of each individual district not only

11 depends upon natural boundaries, the irregular size and shape of census

12 districts, and county lines, but must be related to the overall approach

13 used in developing districts of approximately equal population. (The term

14 "census districts" is used in this subsection (3) to include official census

15 tracts, enumeration districts, block groups, or blocks, as applicable.)

16 METROPOLITAN DENVER AREA DISTRICTS

17 Denver has a surplus of population of over 9,700 after computing

18 eight senatorial districts. Since Adams county is in need of 3,600

19 population to achieve three senate seats, an exchange of areas was made

20 between these two counties, as explained in districts 1, 2, and 3. When the

21 population of enclaves of Arapahoe county within the city and county of

22 Denver (4,404) is added to the population of Denver, it is obvious that

23 some areas of Denver must be added to predominantly Arapahoe county

24 districts to maintain equal population.

25 District 19. District 19 begins with the census districts in northeast

26 Denver which were excluded from district 3. Working northward and

27 westward into Adams county from these areas, extremely large and

-19- DRAFT

DRAFT10.4.16

1 sparsely populated census districts are encountered. In order to achieve

2 equal population, contiguous areas in Commerce City and southern

3 Westminster were chosen to comprise the bulk of the population in

4 district 19.

5 Districts 17 and 18. District 18 is composed of those parts of the

6 remaining population centers in Adams county - the communities of

7 Northglenn, Thornton, Sherrelwood, Welby, and Federal Heights - which

8 are necessary to achieve sufficient population for the district. District 18's

9 irregular southeastern boundary, which is also a portion of the northern

10 boundary of district 19, is formed by the South Platte river. District 17

11 consists of the remainder of Adams county. The wide variations in the

12 distribution of population in this remaining area and the limitations placed

13 upon its shape by district boundaries already drawn determine the shape

14 of district 17.

15 Districts 1, 2, and 3. Three giant blocks are formed for districts

16 across north Denver. Only 5,563 persons, located in an area northeast of

17 Stapleton Field which cannot be split and which is surrounded on three

18 sides by Adams county, are excluded from the districts in north Denver

19 and included in a predominantly Adams county district. To achieve equal

20 population for district 1, a small portion of Adams county has been added.

21 The dividing line between districts 1 and 2 is the South Platte river in the

22 southern portion and Zuni street in the northern portion. Between districts

23 2 and 3, the dividing line is Franklin street in the southern portion and

24 York street in the northern portion. The location and size of census block

25 number 501 in census tract number 23 causes some irregularity in the

26 Franklin street line.

27 District 4. District 4 forms nearly a perfect square. Some

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DRAFT10.4.16

1 irregularity is required by equal population requirements.

2 Districts 5 and 6. These two districts in Denver form a giant

3 square between districts 3 and 7. The dense population in the western end

4 of district 5 (Capitol Hill) results in this district containing the smallest

5 geographical area in the Denver area. Lowry Field (census tract number

6 44.02), to the east of district 5, was added to Arapahoe county for three

7 reasons: The tract cannot be split because interior population counts are

8 not available; the addition is essential for purposes of equal population;

9 and, moreover, the addition improves the compactness of districts 5 and

10 6. Districts 5 and 6 are divided by 1st and 4th avenues. The only

11 significant variation from perfect compactness in district 6 is census tract

12 number 70.01, whose population of 2,640 is needed to meet the

13 requirements of equal population.

14 Districts 7 and 8. The balance of Denver divides into two districts

15 - districts 7 and 8 - with the addition of census tract number 54.03 from

16 Arapahoe county, which juts northward into district 8 and has been added

17 to this district for purposes of equal population and compactness. The

18 shape of the county will affect the compactness of the district formed in

19 this area with respect to the south, east, and most of the west borders. The

20 Valley highway was utilized as a natural boundary in the northwest

21 portion of the district, with the northern boundary working eastward

22 along block boundaries and the western boundary southward along

23 Clarkson street. Variations from perfectly straight boundaries occur

24 because of equal population requirements and the Children's Home area

25 (which cannot be split). The Arapahoe enclave of Holly Hills is included

26 in district 7.

27 District 20. On the southern border of Denver, district 20 is

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DRAFT10.4.16

1 formed, incorporating the communities of Englewood, Cherry Hills, and

2 Greenwood Village. In spite of large vacant areas in census tract number

3 56.05 and sparsely populated areas in the eastern portion of the district

4 generally, its eastern and southern boundaries are relatively straight, and

5 the western boundary (following the county line) is also relatively

6 straight.

7 District 21. District 21 is formed by the inclusion of Lowry Field

8 in an Arapahoe district extending southward from the Arapahoe county

9 portion of Aurora. The eastern boundary is a line following census district

10 boundaries as directly south as possible. The remaining boundaries of the

11 district are determined either by Denver districts or by census district

12 boundaries.

13 DISTRICTS IN REMAINDER OF STATE

14 District 31. The other starting point in developing the plan under

15 this part 1 and in developing virtually every other proposed plan for the

16 senate was district 31. District 31 is located in northwestern Colorado and

17 is composed of ten undivided counties. The population of this district is

18 63,328, only 0.32 percent over the ideal senate district, and it is nearly

19 square in shape. This was chosen as a starting point, since its boundaries

20 are identical to the current senate district 35.

21 The three additional senate seats to which western Colorado is

22 entitled were developed by working southward from this district.

23 District 30. Mesa county has a population of 54,374. Since district

24 30's northern boundary is fixed by district 31, the additional 8,700 persons

25 needed for population equality must be found in counties adjacent to the

26 southeastern boundary of Mesa county. The selection of a portion of

27 Delta county provides the most compact district arrangement. The shape

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DRAFT10.4.16

1 of the census districts in Delta county will create a jagged line along the

2 eastern portion of district 30, regardless of which districts are selected.

3 Examination of the map reveals that those enumeration districts selected

4 yield the most compact senatorial district.

5 District 32. District 32 lies directly south of district 30. District

6 32's eastern boundary is a nearly direct north-south line formed by an

7 extension of the Delta county line directly south. No additional counties

8 are split in the formation of this district. If district 32 had been formed by

9 proceeding in an easterly or southeasterly direction, the district would

10 have become elongated and substantially less compact, or would have had

11 to be expanded to the Front Range area to achieve equal population.

12 District 33. District 33 is formed by proceeding directly east of

13 district 32. Again, whole counties are utilized, with the exception of

14 Fremont county, as the basis for the establishment of the district.

15 Approximately 6,900 additional persons were needed from adjacent areas

16 to the east or northeast of the whole counties included in district 33. The

17 choice made - to include a part of Fremont county in this district - had the

18 advantages of crossing only one county line and of leaving the remainder

19 of Fremont county in a position to be easily combined with an area in El

20 Paso county which required additional persons to achieve equal

21 population in a district there.

22 Because of the peculiar shapes of census districts and their widely

23 varying populations, and due to the presence of one enumeration district

24 composed of noncontiguous areas, no other reasonable division of Canon

25 City could be made. Block statistics are not available for Canon City, and,

26 accordingly, enumeration districts cannot be split since definite

27 populations cannot be certified for portions of an enumeration district.

-23- DRAFT

DRAFT10.4.16

1 District 12. The remainder of Fremont county, four enumeration

2 districts in the southern portion of Teller county, one enumeration district

3 in Pueblo county containing the remaining portion of Fort Carson, and an

4 area in southwest El Paso county following census district lines into

5 Colorado Springs comprise this district. Again, irregularities in the shape

6 of the district are caused by the shapes of the census districts which had

7 to be combined to achieve equality of population. The district forms a

8 nearly square configuration within these census areas.

9 The splitting of Teller county was required to equalize population

10 for both this district and district 15, and the inclusion of this portion of

11 Teller county makes district 12's boundaries as equidistant as possible

12 from a geographic center.

13 District 15. District 15 is at the heart of the rapidly growing

14 mountain subdivisions of the central Front Range. By extending the

15 eastern Teller county line northward to include two census enumeration

16 districts in Douglas county, the population of the district is equalized. The

17 western and southern boundaries are formed by districts 12, 31, and 33.

18 The district includes the whole counties of Park and Clear Creek and

19 approximately 52,000 people from the southern and central portions of

20 Jefferson county. The shape of the northeast tip of district 15 is

21 determined by boundaries of the three remaining densely populated

22 districts in Jefferson county which follow census district lines as required

23 to achieve equal population.

24 District 14. District 14 is the most densely populated area of

25 Jefferson county. The district approaches a square shape, except for the

26 exclusion of census block number 101 in census tract number 105.01,

27 which extends from Kipling avenue on the east to Youngfield avenue on

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DRAFT10.4.16

1 the west. Since this block cannot be split, the district cannot be made a

2 perfect square.

3 District 13. The Jefferson county line on the east and a long

4 portion of 6th avenue on the north establish two of the boundaries for this

5 district. Proceeding southwesterly to accumulate population for the

6 district, large census districts with minimum populations are encountered.

7 There are very few options available with regard to the census districts.

8 For example, enumeration district number 422A in census tract number

9 117.06 covers a massive area and necessitates that the westerly portion of

10 district 13 jut into district 15. If this westerly jutting were minimized by

11 expanding district 13 into the southern portions of Jefferson county, a

12 vertically elongated shape for district 13 would result.

13 District 16. District 16 is bounded on the west by district 31, on

14 the south by the Gilpin county line, and on the east by the Jefferson

15 county line. The irregular shape of the northern boundary is due to

16 following those census district lines in Boulder county which were

17 necessary to equalize population. Boulder county is one of the nine

18 densely populated counties and has population in excess of that necessary

19 for two ideal senate districts. For purposes of equal population, this

20 surplus has been added to district 16. The addition also makes a more

21 compact district within the limitations imposed by census district lines.

22 The southern border of district 16 is almost a straight line along west

23 52nd avenue from the eastern Jefferson county boundary to McIntyre

24 avenue. From McIntyre to the western Jefferson county line, the census

25 district boundaries determine the shape of the district.

26 Districts 23 and 24. In general, district 23 includes the densely

27 populated territory in the east of Boulder county just north of district 16.

-25- DRAFT

DRAFT10.4.16

1 The area included would extend in a broad belt from the city of Boulder

2 east to the county line. Due to equal population requirements, it was

3 necessary to include census districts in the southern and southeastern

4 parts of the city of Boulder in district 23. District 24 includes all of the

5 remainder of Boulder county extending northwest out of the city of

6 Boulder. Both districts 23 and 24 are wholly within the confines of

7 Boulder county.

8 District 27. Working northward, the western boundary of district

9 27 in Larimer county is fixed by district 31. All of Larimer county is

10 included within the district with the exception of an eastern portion

11 containing 26,843 people, located in an area extending eastward from

12 Fort Collins to the Weld county line. The choice of this portion of

13 Larimer county for combination with area in another county was made

14 because the other census districts in the area were so sparsely populated,

15 and the inclusion of them would make district 29 less compact.

16 Districts 28 and 29. Together with the balance of Larimer county,

17 district 29 encompasses all of Weld county, with the exception of those

18 parts of the city of Greeley and the heavily populated portions of

19 southwest Weld county which compose district 28. A perfectly compact

20 district 28 was not possible because of equal population requirements. For

21 example, district 28 would have been a perfect square, if all of census

22 tract number 19 could have been included in the district. Unfortunately,

23 the inclusion of this additional area would have increased the population

24 of the district over that of the ideal senate district by over 5,000 people.

25 To straighten the line actually drawn would require a major split of the

26 city of Greeley. Finally, in order to achieve equal population, an

27 additional 10,358 people were included from Morgan county in district

-26- DRAFT

DRAFT10.4.16

1 29. The line dividing Morgan county north and south is dictated by the

2 census district boundaries.

3 District 35. All of the northeastern plains of Colorado are included

4 in district 35. Bordered on the north and the east by Nebraska and Kansas,

5 and on the west by district 29, the district must extend south for necessary

6 population. To make the district more square could be accomplished only

7 by a bulge westerly at a point south of the Weld county line. Since Adams

8 county is 3,600 short of the population necessary for three senatorial

9 districts, further depletion of that population was not desirable.

10 District 34. The five counties of Otero, Bent, Prowers, Baca, and

11 Las Animas form a logical block for a senatorial district, although the

12 block has an excess population of approximately 1,500. Since district 35

13 was short of population, adjustment was made by detaching a part of

14 Prowers county from district 34 and attaching it to district 35. Again,

15 census district lines determine the shape of this adjustment, and

16 populations of such districts determine where it can be made.

17 District 22. The area of Arapahoe county which is not included in

18 districts 20 and 21 is placed in district 22. District 22's boundaries follow

19 county lines in all instances except where they conform to the other

20 Arapahoe districts. In order to accumulate sufficient population, the

21 district extends southward through Douglas county, picking up that

22 portion not contained in district 15, and includes all of Elbert, Lincoln,

23 and Crowley counties. An extension of the district into El Paso county

24 rather than southeasterly would have necessitated the crossing of

25 additional county lines, and would have reduced the population available

26 in El Paso county below that needed for the three remaining senatorial

27 seats (district 12 already includes the southwestern portion of El Paso

-27- DRAFT

DRAFT10.4.16

1 county).

2 Districts 9, 10, and 11. El Paso county presents a problem for

3 districting, since the area of Colorado Springs and Manitou Springs is

4 densely populated and the remainder of the county is predominantly rural.

5 Accordingly, a portion of the population in Colorado Springs must be

6 allocated to districts in the outlying portions of the county to meet

7 compactness and equal population requirements. The main district

8 dividing line is a natural boundary, Interstate 25, which runs directly

9 north and south. In the north, Interstate 25 divides district 9 from the

10 centrally located district 11. In the south, Interstate 25 again is a divider,

11 but this time between districts 10 and 12. Academy boulevard, another

12 four-lane highway, also divides district 11 from districts 9 and 10 in the

13 northeast portions of Colorado Springs. For district 11 in the southeast,

14 Circle drive is the major dividing line.

15 Some variations in these major boundaries are due to requirements

16 of equal population. Problems are also posed by the irregular shapes of

17 census districts. For example, census block number 317 in census tract

18 number 10 extends from west Van Buren to Uintah preventing an

19 east-west crossing of the tract. Census block number 311 in census tract

20 number 11.01 poses a similar problem. Numerous other examples exist,

21 such as census tracts numbered 2, 24, and 28, which hamper the

22 development of perfectly straight lines in the formation of districts.

23 Districts 25 and 26. Two major barriers are utilized in splitting the

24 city of Pueblo - the natural boundaries of Fountain creek and the

25 Arkansas river in the northern portion of the city, and Interstate 25 in the

26 south. A significant part of the city, west of Interstate 25, is added to

27 district 26 for purposes of population equality. Pueblo county is

-28- DRAFT

DRAFT10.4.16

1 approximately 8,000 people short of the population necessary for two

2 senatorial districts, but, when it is combined with the other areas of the

3 state not yet included in any district (the whole counties of Costilla and

4 Huerfano), there is sufficient population for the two districts which close

5 the plan for the entire state.

6 2-2-106. Attachments and detachments. (1) If any area of this

7 state is omitted from the provisions of this part 1, inadvertently or by

8 virtue of the complexities of the information supplied to the general

9 assembly, the secretary of state, upon discovery of such omission, shall

10 attach such area to the appropriate senatorial or representative district as

11 follows:

12 (a) If the area is surrounded by a senatorial or representative

13 district, the area shall be attached to such district.

14 (b) If the area is contiguous to two or more senatorial or

15 representative districts, the area shall be attached to the district that has

16 the least population according to the last preceding national census of the

17 United States bureau of the census.

18 (2) If any area of this state is included in two or more senatorial

19 or representative districts established by this part 1, inadvertently or by


21 assembly, the secretary of state, upon discovery of such inclusion, shall

22 detach such area from the senatorial or representative district or districts

23 having the largest population and shall designate such area as being

24 included in the senatorial or representative district having the least

25 population; except that if such area is wholly surrounded by a senatorial

26 or representative district and by inadvertence is also included in another

27 senatorial or representative district, the secretary of state shall designate

-29- DRAFT

DRAFT10.4.16

1 such area as included in the district wholly surrounding such area,

2 regardless of population.

3 (3) If any annexation occurring on or after May 1, 1972, changes

4 a county boundary which constitutes any portion of the boundary of a

5 senatorial district defined by this part 1, and if the population of the area

6 annexed is one hundred seventy persons or less according to the 1970

7 federal census, the secretary of state shall detach the area annexed from

8 the senatorial district in which it is included pursuant to this part 1 and

9 shall attach such area to the adjacent senatorial district in the county to

10 which the area was annexed; except that if such attachment would result

11 in any area in one senatorial district being wholly surrounded by area in

12 another senatorial district, no adjustment in senatorial district boundaries

13 shall be made. If the area annexed is adjacent to two or more senatorial

14 districts in the county to which it is annexed, the area shall be attached to

15 the senatorial district having the least population. The area so attached

16 shall also be attached to any general election precinct adjacent to such

17 area in the county to which the area was annexed.



20 senatorial district defined by this part 1, and if the population of the

21 annexed area is more than one hundred seventy persons according to the

22 1970 federal census, no adjustment in the boundaries of senatorial

23 districts shall be made, but the area annexed shall constitute a separate

24 general election precinct.

25 (5) Any attachment or detachment made pursuant to the provisions

26 of subsections (1) to (4) of this section shall be certified in writing by and

27 kept on file with the secretary of state. No change may be made in any

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DRAFT10.4.16

1 such attachment or detachment until the senatorial or representative

2 districts are again reapportioned.

3 2-2-107. Maps of legislative districts. The legislative council

4 shall prepare and file with the secretary of state copies of census maps

5 showing thereon each senatorial and representative district and showing

6 the population of each district according to the official census lines, maps,

7 and statistics as described in this part 1. The legislative council shall

8 retain on file in its office copies of official census maps and population

9 statistics.

10 2-2-108. Applicability of part 1. This part 1 applies to the

11 forty-ninth and subsequent general assemblies.

12 SECTION 2. In Colorado Revised Statutes, repeal part 2 of

13 article 2 of title 2 as follows:

14 2-2-201. Number of members of general assembly - election

15 from districts. (1) The house of representatives of the general assembly

16 shall consist of sixty-five members, with one member of the house of

17 representatives to be elected from each representative district, as

18 established in this part 2.

19 (2) The definition of areas to be included in each representative

20 district is by reference to counties and to official census tracts, census

21 divisions, census block groups, census blocks, and enumeration districts

22 created by the United States bureau of the census to which fixed

23 population counts have been assigned as of the year 1970.

24 2-2-202. Representative districts - number - composition. The

25 representative districts are defined as follows:


27 56.01, 119.02, and 120.01 in the city and county of Denver; that part of

-31- DRAFT

DRAFT10.4.16

1 census tract number 120.51 which is in the city and county of Denver,

2 being census block number 901 and a part of census block number 902;

3 those parts of census tracts numbered 46.03 and 48.02 in the city and

4 county of Denver which are not contained in district 2; that part of census

5 tract number 46.01 in the city and county of Denver which is not

6 contained in district 3; that part of census tract number 46.02 in the city

7 and county of Denver which is not contained in district 3; that part of

8 census tract number 119.03 in the city and county of Denver which is not

9 contained in district 28; census block number 101 in census tract number

10 119.53 which block is in the city and county of Denver; census block

11 number 103 in census tract number 119.52 in Jefferson county; and that


13 Denver and is within five hundred feet of the southern boundary of the

14 right-of-way of west Quincy avenue.


16 54.01, and 55.01 in the city and county of Denver; census block groups

17 numbered 1, 2, and 3 and census blocks numbered 401, 402, 403, 404,




21 in the city and county of Denver; that part of census block number 412 in

22 census tract number 21.00 in the city and county of Denver which is south

23 of Alameda avenue; census blocks numbered 103, 104, 105, 106, 107,

24 108, 109, 110, 204, 205, 206, 207, 208, 209, 304, 305, 306, 307, 308,


26 and county of Denver; census block groups numbered 5 and 6 and census

27 blocks numbered 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,

-32- DRAFT

DRAFT10.4.16

1 112, 113, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,


3 in the city and county of Denver; census block groups numbered 3 and 4

4 and census block number 108 in census tract number 30.02 in the city and

5 county of Denver; census blocks numbered 106, 107, 108, 109, 110, 111,


7 in the city and county of Denver; census block group number 1 in census

8 tract number 48.02 in the city and county of Denver; census block groups


10 406, 407, 408, and 412 in census tract number 54.02 in the city and


12 city and county of Denver, being census block number 216; and census

13 block number 101 in census tract number 48.52 in Arapahoe county.

14 (3) District 3: Census tracts numbered 9.02, 9.03, 45.01, and

15 45.02 in the city and county of Denver; census block groups numbered 1,

16 6, and 7 and census blocks numbered 203, 204, 205, 206, 207, 208, 209,

17 304, 305, 306, 307, 308, 309, 507, 508, 509, 510, 511, 512, 513, 514,


19 Denver; that part of census tract number 13.01 in the city and county of

20 Denver which is not contained in district 2; that part of census tract


22 district 6; and census blocks numbered 101, 102, 103, 104, 105, 106, 107,


24 county of Denver.


26 7.01, 104.01, 106.01, and 115.00 in the city and county of Denver; that


-33- DRAFT

DRAFT10.4.16

1 is not contained in district 9; census block groups numbered 4, 5, 6, 7, and

2 8 in census tract number 5 in the city and county of Denver; census blocks

3 numbered 407, 506, and 507 in census tract number 7.02 in the city and

4 county of Denver; and census blocks numbered 509, 510, 511, and 512

5 in census tract number 9.01 in the city and county of Denver.

6 (5) District 5: Census tracts numbered 6 and 8 in the city and

7 county of Denver; that part of census tract number 4.02 in the city and

8 county of Denver which is not contained in district 9; those parts of

9 census tracts numbered 5, 7.02, and 9.01 in the city and county of Denver

10 which are not contained in district 4; census block groups numbered 1, 2,

11 and 3 and census blocks numbered 401, 402, 409, 410, 411, and 412 in

12 census tract number 11.02 in the city and county of Denver; census block

13 group number 9 in census tract number 17.01 in the city and county of

14 Denver; and census block groups numbered 1, 2, 3, and 7 in census tract

15 number 19 in the city and county of Denver.

16 (6) District 6: Census tracts numbered 17.02, 18, 20, and 26.01

17 in the city and county of Denver; that part of census tract number 21.00

18 in the city and county of Denver which is not contained in district 2; those

19 parts of census tracts numbered 17.01 and 19 in the city and county of

20 Denver which are not contained in district 5; census block group number

21 1 in census tract number 10 in the city and county of Denver; census

22 block group number 6 and census blocks numbered 504, 505, and 506 in

23 census tract number 24.01 in the city and county of Denver; census blocks

24 numbered 303, 304, 305, and 306 in census tract number 24.02 in the city

25 and county of Denver; census block group number 2 and census block

26 number 110 in census tract number 25 in the city and county of Denver;


-34- DRAFT

DRAFT10.4.16



3 and county of Denver which is not contained in district 11; and census

4 block group number 5 and census blocks numbered 404, 405, and 406 in

5 census tract number 27.03 in the city and county of Denver.




9 census block groups numbered 1, 4, 5, and 6 and census blocks numbered

10 206, 207, 208, 209, 210, 211, 311, 312, 313, 314, 315, 316, 317, and 318

11 in census tract number 42.01 in the city and county of Denver; census


13 304, 305, 306, 307, 308, 309, and 310 in census tract number 36.03 in the

14 city and county of Denver; and census block group number 2 and census

15 blocks numbered 101, 103, 104, and 121 in census tract number 36.02 in

16 the city and county of Denver.

17 (8) District 8: Census tracts numbered 23, 31.01, 31.02, and

18 36.01 in the city and county of Denver; census blocks numbered 101, 304,


20 number 37.01 in the city and county of Denver; those parts of census

21 tracts numbered 36.02 and 36.03 in the city and county of Denver which

22 are not contained in district 7; those parts of census tracts numbered 24.02

23 and 26.02 in the city and county of Denver which are not contained in

24 district 6; census block groups numbered 1, 2, and 3 in census tract

25 number 24.01 in the city and county of Denver; census block group

26 number 1 and census blocks numbered 201, 202, and 203 in census tract


-35- DRAFT

DRAFT10.4.16


2 county of Denver; and census blocks numbered 103 and 104 in census

3 tract number 32.02 in the city and county of Denver.



6 census blocks numbered 101, 104, 105, and 108 in census tract number


8 and 7 in census tract number 4.02 in the city and county of Denver; that


10 is not contained in district 5; that part of census tract number 15.50 which

11 is in the city and county of Denver, being a part of census block number

12 901; that part of census tract number 24.01 in the city and county of

13 Denver which is not contained in districts 6 and 8; that part of census

14 tract number 25 in the city and county of Denver which is not contained

15 in district 6; census block groups numbered 3, 4, 5, 6, and 7 and census

16 blocks numbered 803, 808, 809, 810, 822, 823, 824, 825, 826, 827, 828,

17 and 829 in census tract number 35 in the city and county of Denver; that


19 Denver, being a part of census block number 101; and that part of census

20 tract number 97.50 which is in the city and county of Denver, being a part

21 of census block number 210.

22 (10) District 10: Census tracts numbered 29.02, 39.02, and 51.01



25 that part of census tract number 29.01 in the city and county of Denver

26 which is not contained in district 2; census block group number 3 and


-36- DRAFT

DRAFT10.4.16

1 218, 219, 220, 221, 222, 401, 402, 403, 407, 408, 409, and 410 in census

2 tract number 30.01 in the city and county of Denver; census blocks

3 numbered 102, 103, 104, 105, 106, 107, 108, 109, and 110 in census tract

4 number 30.03 in the city and county of Denver; that part of census tract

5 number 34 in the city and county of Denver which is not contained in

6 district 11; that part of census tract number 39.01 in the city and county

7 of Denver which is not contained in district 12; census block number 127

8 in census tract number 49.00 in the city and county of Denver; that part

9 of census tract number 51.02 in the city and county of Denver which is

10 not contained in district 14; and that part of census tract number 51.51

11 which is in the city and county of Denver.




15 county of Denver; that part of census tract number 27.03 in the city and

16 county of Denver which is not contained in districts 6 and 8; that part of


18 contained in district 10; that part of census tract number 32.01 in the city

19 and county of Denver which is not contained in district 8; census block



22 Denver; and census block group number 1 in census tract number 34 in

23 the city and county of Denver.

24 (12) District 12: Census tracts numbered 33, 37.02, 37.03, 38,

25 and 43.01 in the city and county of Denver; that part of census tract


27 districts 8 and 11; that part of census tract number 37.01 in the city and

-37- DRAFT

DRAFT10.4.16

1 county of Denver which is not contained in district 8; census blocks

2 numbered 106, 107, 108, 109, 206, 207, 208, 209, 306, 307, 308, 309,


4 number 43.02 in the city and county of Denver; census block groups


6 108, 109, 110, 111, 204, 205, 206, 207, 208, 209, 210, 216, 217, 218,

7 301, 302, 303, 304, 314, 315, 316, 317, 318, 319, 320, and 321 in census

8 tract number 43.03 in the city and county of Denver; census blocks

9 numbered 112, 113, 114, 115, 116, 117, and 118 in census tract number


11 110, 111, 124, 125, and 126 in census tract number 49 in the city and

12 county of Denver; census tract number 49.50 which includes area in the

13 city and county of Denver and in Arapahoe county; and that part of




17 44.02 in the city and county of Denver; that part of census tract number

18 70.51 which is in the city and county of Denver, being a part of census

19 block number 114; that part of census tract number 70.01 in the city and

20 county of Denver which is not contained in district 14; those parts of

21 census tracts numbered 43.02 and 43.03 in the city and county of Denver

22 which are not contained in district 12; and those parts of census tracts

23 numbered 42.01 and 42.02 in the city and county of Denver which are not



26 68.02, 68.03, 68.04, 69.01, 69.02, 70.02, and 70.06 in the city and county

27 of Denver; that part of census block number 301 in census tract number

-38- DRAFT

DRAFT10.4.16

1 67.51 which includes area in Arapahoe county and the city and county of

2 Denver and is bounded on the west by Quebec street, on the south by

3 Belleview avenue, and on the northeast by the right-of-way of Interstate

4 25; that part of census tract number 68.53 which is in the city and county

5 of Denver, being census block number 902; census block number 903 in

6 census tract number 68.54 which block is in the city and county of

7 Denver; census blocks numbered 906 and 907 in census tract number

8 68.54 which blocks include area in Arapahoe county and the city and


10 city and county of Denver, being a part of census block number 901; that


12 Denver, being a part of census block number 115; that part of census tract

13 number 70.56 which is in the city and county of Denver, being parts of

14 census blocks numbered 903 and 905; census blocks numbered 314, 315,


16 and county of Denver; census block number 115 in census tract number

17 70.01 in the city and county of Denver; that part of census tract number

18 49 in the city and county of Denver which is not contained in districts 10

19 and 12; census blocks numbered 101, 204, 208, 209, 210, 211, 212, 301,


21 county of Denver; census blocks numbered 101, 102, 103, 104, 105, 106,

22 107, 108, 109, 110, 111, 112, 113, 114, 202, 203, 204, 205, 206, and 207

23 in census tract number 40.04 in the city and county of Denver; census

24 block group number 3 in census tract number 67.01 in the city and county

25 of Denver; census tract number 69.52 in Arapahoe county; that part of


27 contained in district 15; and census tract number 69.51 which includes

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DRAFT10.4.16

1 area in Arapahoe county and the city and county of Denver.


3 40.02, and 53 in the city and county of Denver; that part of census tract

4 number 53.50 which is in the city and county of Denver; that part of


6 contained in districts 2 and 10; that part of census tract number 30.02 in

7 the city and county of Denver which is not contained in district 2; those

8 parts of census tracts numbered 40.03, 40.04, and 67.01 in the city and

9 county of Denver which are not contained in district 14; and that part of



12 (16) District 16: Census tracts numbered 7, 8, 17, 18, 19, and 20

13 in El Paso county; census block groups numbered 1 and 2 and census

14 blocks numbered 306, 307, 308, 309, 310, 311, and 312 in census tract

15 number 1 in El Paso county; that part of census tract number 4 in El Paso

16 county which is not contained in districts 18 and 20; census block group

17 number 1 in census tract number 5 in El Paso county; that part of census

18 tract number 6 in El Paso county which is not contained in district 18; that

19 part of census tract number 9 in El Paso county which is not contained in

20 district 20; and census blocks numbered 110, 111, 112, 113, 115, 116,

21 117, 118, 119, 120, and 121 in census tract number 21.01 in El Paso

22 county.

23 (17) District 17: Census tracts numbered 21.02, 22, 27, and 28 in

24 El Paso county; that part of census tract number 21.01 in El Paso county

25 which is not contained in district 16; census block group number 1 and


27 307, 308, 309, 310, 401, 407, 408, 409, 410, 411, 412, 501, 502, 503,

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DRAFT10.4.16

1 504, 505, 506, 507, 604, 605, 606, 607, 608, 701, 702, 705, and 710 in

2 census tract number 29 in El Paso county; and census blocks numbered

3 101, 102, 103, 104, 105, 106, 107, 108, 113, 114, 115, 116, 117, 118,

4 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209,

5 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224,


7 40.04 in El Paso county.

8 (18) District 18: Census tracts numbered 2, 39.01, 39.02, 40.01,

9 and 40.02 in El Paso county; that part of census tract number 1.00 in El

10 Paso county which is not contained in district 16; census block group

11 number 1 and census blocks numbered 402, 403, 404, and 408 in census

12 tract number 3.01 in El Paso county; census block group number 1 in

13 census tract number 4.00 in El Paso county; and census blocks numbered


15 number 6.00 in El Paso county.

16 (19) District 19: Census tracts numbered 40.03, 41, 42, 43, 45.01,

17 45.02, 45.03, and 46 in El Paso county; and that part of census tract

18 number 40.04 in El Paso county which is not contained in district 17.


20 11.02, 13.02, 37.01, 37.02, and 38.00 in El Paso county; that part of

21 census tract number 3.01 in El Paso county which is not contained in

22 district 18; census block group number 3 in census tract number 4 in El

23 Paso county; that part of census tract number 5 in El Paso county which

24 is not contained in district 16; census blocks numbered 301, 302, 303,


26 9 in El Paso county; and that part of census tract number 12 in El Paso


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DRAFT10.4.16

1 (21) District 21: Census tracts numbered 31, 32, 33.01, 33.02,

2 and 44 in El Paso county; enumeration district number 268 and census

3 blocks numbered 303, 305, 306, 307, 308, 313, 314, 401, 402, 403, 404,

4 and 405 in census tract number 25 in El Paso county; that part of census

5 tract number 29 in El Paso county which is not contained in district 17;

6 that part of census tract number 30 in El Paso county which is not

7 contained in district 22; and enumeration districts numbered 6, 7, 8, and

8 9 in Teller county.

9 (22) District 22: Enumeration districts numbered 1, 2, 3, and 4 in

10 Teller county; census tracts numbered 13.01, 14, 15, 16, 23, 24, 26, 34,

11 35, and 36 in El Paso county; census blocks numbered 212, 213, 214,

12 215, 216, 217, 218, 219, 220, 221, 222, 301, 308, 309, 310, 311, 312,


14 number 12 in El Paso county; that part of census tract number 25 in El

15 Paso county which is not contained in district 21; and census blocks

16 numbered 101, 102, 103, 104, 105, 106, 107, 401, 402, 403, 404, 405,

17 406, 407, 408, 409, 410, 411, 415, 416, 417, 418, 901, 902, and 903 in

18 census tract number 30 in El Paso county.

19 (23) District 23: Census tracts numbered 108.00, 111.00, and

20 115.50 in Jefferson county; those parts of census tracts numbered 105.01,

21 110.00, and 114.00 in Jefferson county which are not contained in district

22 24; that part of census tract number 109.00 in Jefferson county which is

23 not contained in district 25; and census block group number 1 in census

24 tract number 116.00 in Jefferson county.


26 107.00, and 113.00 in Jefferson county; census block groups numbered

27 1 and 2 in census tract number 105.01 in Jefferson county; census block

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DRAFT10.4.16


2 504, 505, 506, and 507 in census tract number 110.00 in Jefferson county;

3 and census block group number 4 in census tract number 114.00 in

4 Jefferson county.


6 99.00, 100.00, 101.00, 120.06, and 120.08 in Jefferson county; those parts

7 of census tracts numbered 98.04 and 98.09 in Jefferson county which are

8 not contained in district 27; census block group number 1 in census tract

9 number 98.08 in Jefferson county; census block group number 4 and

10 census blocks numbered 501, 502, 503, 504, 505, 506, 507, 508, and 509

11 in census tract number 109.00 in Jefferson county; that part of census

12 tract number 117.05 in Jefferson county which is not contained in district

13 26; and enumeration districts numbered 31 and 32 in census tract number

14 120.09 in Jefferson county.


16 and 118.01 in Jefferson county; that part of census tract number 117.03

17 in Jefferson county which is not contained in district 28; that part of


19 district 23; census block group number 2 and census blocks numbered


21 in Jefferson county; that part of enumeration district number 422B in

22 census tract number 117.06 in Jefferson county which is west of Union

23 boulevard; and all that part of census tract number 117.06 in Jefferson

24 county which is north of Jewell avenue.

25 (27) District 27: Census tracts numbered 98.02, 98.03, and 98.05

26 in Jefferson county; enumeration districts numbered 1B and 9 in census

27 tract number 98.08 in Jefferson county; enumeration district number 15

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DRAFT10.4.16

1 in census tract number 98.09 in Jefferson county; those parts of census

2 tracts numbered 98.01, 102.02, 103.01, 103.02, 104.02, and 104.03 in

3 Jefferson county which are not contained in district 29; and enumeration

4 district number 411 and census blocks numbered 106, 107, 108, 109, 110,

5 203, 204, 205, 206, 902, 903, 904, 905, 906, 907, 908, 909, and 910 in

6 census tract number 98.04 in Jefferson county.


8 119.51, 120.03, 120.04, 120.05, and 120.07 in Jefferson county; that part

9 of census tract number 120.02 which includes area in Jefferson county

10 and the city and county of Denver and is not contained in district 1; that

11 part of census tract number 119.53 which is not contained in district 1 and

12 which includes area in Jefferson county and the city and county of

13 Denver; that part of census tract number 119.52 in Jefferson county which

14 is not contained in district 1; census blocks numbered 121, 122, 123, 124,

15 and 125 in census tract number 117.03 in Jefferson county; that part of


17 district 25; that part of census tract number 117.06 in Jefferson county

18 which is not contained in district 26; that part of census tract number

19 120.51 which is in Jefferson county and is not contained in district 1;

20 census tract number 119.01 in the city and county of Denver; and census

21 blocks numbered 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,


23 Denver.

24 (29) District 29: Census tracts numbered 102.01 and 104.51 in

25 Jefferson county; census block group number 1 and census block number

26 901 in census tract number 98.01 in Jefferson county; census block


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DRAFT10.4.16

1 313, 314, and 315 in census tract number 103.02 in Jefferson county;


3 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219,

4 220, 221, 222, 223, 224, and 225 in census tract number 103.01 in

5 Jefferson county; census block groups numbered 1 and 2 in census tract

6 number 104.02 in Jefferson county; census block group number 1 in

7 census tract number 104.03 in Jefferson county; census block groups

8 numbered 2, 3, and 4 and census block number 904 in census tract

9 number 102.02 in Jefferson county; and census blocks numbered 206,

10 207, 208, 209, 210, 211, 212, 213, 214, 302, 303, 304, 305, 306, 307,

11 308, 309, 310, 311, 312, and 313 in census tract number 96.02 in Adams

12 county.

13 (30) District 30: Census tracts numbered 81, 83.03, and 84 in

14 Adams county; that part of census tract number 78 in Adams county

15 which is not contained in district 36; census block groups numbered 2, 3,

16 4, and 5 in census tract number 79 in Adams county; that part of census

17 tract number 83.02 in Adams county which is not contained in district 32;

18 census block groups numbered 2, 3, and 6 and census blocks numbered

19 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 401, 402, 403,


21 number 80 in Adams county; enumeration districts numbered 108, 109,

22 and 111 in census tract number 25 in Weld county; that part of Morgan

23 county which is not contained in district 64; and that part of census tract

24 number 87.01 which is in Adams county and is not contained in district

25 32.


27 86.02, 88.02, and 91 in Adams county; census block groups numbered 1

-45- DRAFT

DRAFT10.4.16

1 and 2 and census blocks numbered 301, 303, 304, 305, 306, 307, 308,

2 309, 318, and 319 in census tract number 88.01 in Adams county; that

3 part of census tract number 92 in Adams county which is not contained

4 in district 33; enumeration districts numbered 122 and 125 in census tract

5 number 85.01 in Adams county; and enumeration district number 121 in

6 census tract number 85.02 in Adams county.

7 (32) District 32: Census tracts numbered 82, 83.51, 87.02, and

8 87.03 in Adams county; census tract number 41.55 which includes area

9 in Adams county and the city and county of Denver; that part of census

10 tract number 87.01 which includes area in Adams county and the city and

11 county of Denver and is west of D street; census block number 906 in

12 census tract number 83.02 in Adams county; those parts of census tracts

13 numbered 79 and 80 in Adams county which are not contained in district

14 30; that part of census tract number 88.01 in Adams county which is not

15 contained in district 31; that part of census tract number 89.01 in Adams

16 county which is not contained in district 34; and census tracts numbered

17 41.05 and 83.01 in the city and county of Denver.

18 (33) District 33: Census tracts numbered 93.04 and 93.05 in

19 Adams county; census blocks numbered 904 and 905 in census tract

20 number 93.03 in Adams county; that part of census tract number 94.02 in

21 Adams county which is not contained in district 35; those parts of census

22 tracts numbered 85.01 and 85.02 in Adams county which are not

23 contained in district 31; and census blocks numbered 304, 307, 308, 311,

24 312, 313, 314, 315, 316, 317, 318, 319, 901, 902, 903, and 904 in census

25 tract number 92 in Adams county.

26 (34) District 34: Census tracts numbered 90, 93.01, and 95.53 in

27 Adams county; those parts of census tracts numbered 15.50 and 89.52

-46- DRAFT

DRAFT10.4.16

1 which are in Adams county and are not contained in district 9; that part

2 of census tract number 93.03 in Adams county which is not contained in

3 district 33; that part of census tract number 93.02 in Adams county which

4 is not contained in district 35; census block group number 9 in census

5 tract number 89.01 in Adams county; and that part of census tract number

6 35 in the city and county of Denver which is not contained in district 9.


8 96.01 in Adams county; that part of census tract number 97.50 which is

9 in Adams county and is not contained in district 9; that part of census

10 tract number 96.02 in Adams county which is not contained in district 29;



13 in Adams county; and census blocks numbered 313, 314, 315, and 316 in

14 census tract number 93.02 in Adams county.

15 (36) District 36: Census tracts numbered 72, 73, 74, 75, and 76

16 in Arapahoe county; census block group number 1 in census tract number

17 44.52 in Arapahoe county; census block group number 1 except census

18 blocks numbered 109, 115, and 116 in census tract number 70.07 in

19 Arapahoe county; census block group number 2 in census tract number

20 70.07 in Arapahoe county; that part of census tract number 77.01 in

21 Arapahoe county which is not contained in district 40; census block group

22 number 1 in census tract number 77.02 in Arapahoe county; and census

23 blocks numbered 108, 109, 112, 201, 204, 205, 208, 209, 302, 303, 306,

24 307, 308, 313, 314, 315, 401, 402, 403, 404, 405, 406, and 407 in census

25 tract number 78 in Adams county.

26 (37) District 37: Census tracts numbered 40.52, 54.03, 55.52, 57,

27 58, 59, 60, 61, and 63 in Arapahoe county; that part of census tract

-47- DRAFT

DRAFT10.4.16

1 number 55.51 which is in Arapahoe county and is not contained in district

2 2; that part of census tract number 67.51 which is in Arapahoe county and

3 is not contained in district 14; that part of census tract number 48.52 in

4 Arapahoe county which is not contained in district 2; census blocks

5 numbered 101, 102, 103, 104, 112, 113, 114, 115, 201, 202, 203, 204,

6 213, 214, 215, and 216 in census tract number 62 in Arapahoe county;

7 and that part of census tract number 54.02 in the city and county of

8 Denver which is not contained in district 2.

9 (38) District 38: Census tracts numbered 55.53, 56.02, 56.51, 64,

10 and 65 in Arapahoe county; that part of census tract number 62 in

11 Arapahoe county which is not contained in district 37; census block group

12 number 2 in census tract number 66.01 in Arapahoe county; census block

13 group number 3 except census blocks numbered 301, 302, 303, 304, and

14 305 in census tract number 66.01 in Arapahoe county; census block

15 number 109 in census tract number 66.01 in Arapahoe county; census

16 block groups numbered 2, 3, 4, 5, and 6 and census blocks numbered 106,

17 107, and 108 in census tract number 66.02 in Arapahoe county; and

18 census block group number 7 except census blocks numbered 705, 710,

19 711, 712, 713, and 714 in census tract number 66.02 in Arapahoe county.


21 56.06, 67.02, and 67.03 in Arapahoe county; those parts of census tracts

22 numbered 66.01 and 66.02 in Arapahoe county which are not contained

23 in district 38; census blocks numbered 905, 906, 907, 908, 909, 910, 911,


25 Arapahoe county; and enumeration district number 517 in census tract

26 number 68.06 in Arapahoe county.

27 (40) District 40: The county of Douglas; census tracts numbered

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DRAFT10.4.16

1 52.50, 68.51, 70.03, 70.04, 70.05, 70.08, 70.09, 70.10, 70.11, and 71 in

2 Arapahoe county; census block number 109 in census tract number 77.01

3 in Arapahoe county; those parts of census tracts numbered 44.52, 70.07,

4 and 77.02 in Arapahoe county which are not contained in district 36;

5 those parts of census tracts numbered 68.05 and 68.06 in Arapahoe

6 county which are not contained in district 39; those parts of census tracts

7 numbered 68.52, 68.53, 68.54, 70.52, and 70.56 which are in Arapahoe

8 county and are not contained in district 14; that part of census tract

9 number 70.51 which is in Arapahoe county and is not contained in district

10 13; and that part of Elbert county which is not contained in district 64.

11 (41) District 41: The county of Custer; that part of Fremont

12 county which is not contained in district 61; census tracts numbered 17,

13 26, 27, 28.01, and 28.03 in Pueblo county; census block number 204 in

14 census tract number 15 in Pueblo county; those parts of census tracts

15 numbered 18, 28.02, and 29.02 in Pueblo county which are not contained

16 in district 44; and census blocks numbered 106, 107, 108, 109, 110, 111,

17 112, and 114 in census tract number 19 in Pueblo county.

18 (42) District 42: Census tracts numbered 8, 12, 13, 20, 21, and 25

19 in Pueblo county; those parts of census tracts numbered 24 and 31.01 in

20 Pueblo county which are not contained in district 62; those parts of census

21 tracts numbered 7 and 14 in Pueblo county which are not contained in

22 district 44; that part of census tract number 19 in Pueblo county which is

23 not contained in district 41; that part of census tract number 15 in Pueblo

24 county which is not contained in districts 41 and 44; that part of census

25 tract number 11 in Pueblo county which is not contained in district 43;

26 and census block group number 9 in census tract number 30.01 in Pueblo

27 county.

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DRAFT10.4.16

1 (43) District 43: The county of Crowley; that part of Otero county

2 which is not contained in district 63; census tracts numbered 10, 33, and

3 34 in Pueblo county; enumeration district number 8 in census tract

4 number 9.02 in Pueblo county; census block groups numbered 1 and 2

5 and census blocks numbered 301, 306, 307, 312, and 313 in census tract

6 number 11 in Pueblo county; that part of census tract number 30.01 in

7 Pueblo county which is not contained in district 42; that part of census

8 tract number 30.02 in Pueblo county which is not contained in district 44;

9 and those parts of census tracts numbered 31.02 and 32 in Pueblo county

10 which are not contained in district 62.

11 (44) District 44: Census tracts numbered 1, 2, 3, 4, 5, 6, 9.01,

12 9.03, 16, and 29.01 in Pueblo county; census blocks numbered 310, 311,


14 number 7 in Pueblo county; that part of census tract number 9.02 in

15 Pueblo county which is not contained in district 43; census blocks

16 numbered 101, 102, 103, and 104 in census tract number 14 in Pueblo

17 county; census blocks numbered 101, 102, 103, 104, 105, 106, 107, 108,

18 109, 110, 111, 112, 113, 114, 115, 221, 222, 223, 224, 225, 226, 227, and

19 228 in census tract number 15 in Pueblo county; census blocks numbered

20 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, and 112 in census

21 tract number 18 in Pueblo county; census block group number 1 and

22 census block number 201 in census tract number 28.02 in Pueblo county;

23 census block groups numbered 1, 2, and 9 in census tract number 29.02

24 in Pueblo county; and census block group number 9 in census tract

25 number 30.02 in Pueblo county.

26 (45) District 45: Census tracts numbered 5, 6, 11, 12, and 22 in

27 Larimer county; census blocks numbered 102, 103, 106, 107, 108, 109,

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DRAFT10.4.16

1 and 110 in census tract number 3 in Larimer county; census block number

2 317 in census tract number 4 in Larimer county; enumeration district

3 number 8 in census tract number 14 in Larimer county; census block

4 group number 1, census blocks numbered 212 and 215, and enumeration

5 district number 38 in census tract number 18 in Larimer county;

6 enumeration district number 42 in census tract number 20 in Larimer

7 county; enumeration district number 110 in census tract number 21 in

8 Larimer county; and that part of census tract number 19 in Larimer county

9 which is not contained in district 48.

10 (46) District 46: Census tracts numbered 1, 2, 7, 8, 9, 10, and 16

11 in Larimer county; census blocks numbered 101, 104, 105, 111, 112, 113,

12 114, and 115 in census tract number 3 in Larimer county; census block


14 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, and 316 in

15 census tract number 4 in Larimer county; census block groups numbered

16 1 and 2 and census blocks numbered 901, 902, 903, 904, 905, 912, 913,

17 914, 915, and 916 in census tract number 13 in Larimer county; and

18 enumeration districts numbered 105, 106, and 107 in census tract number

19 15 in Larimer county.


21 124.02, 125.05, 127.01, 127.02, 132.02, 136.01, 136.02, and 137 in

22 Boulder county; enumeration district number 298 and census blocks

23 numbered 102, 103, 106, 107, 108, 109, 112, 113, 124, 125, 126, 127,

24 128, 206, 207, 208, 209, 224, 225, 226, 303, 304, 305, 306, 307, 308,

25 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323,


27 Boulder county; that part of census tract number 125.06 in Boulder

-51- DRAFT

DRAFT10.4.16

1 county which is not contained in district 52; and census blocks numbered

2 103, 104, 113, 114, 115, 116, 127, 128, 201, 202, 230, and 231 in census

3 tract number 124.01 in Boulder county.

4 (48) District 48: Census tracts numbered 13 and 14 in Weld

5 county; census blocks numbered 424, 425, 426, 427, and 428 in census

6 tract number 4 in Weld county; census blocks numbered 101, 102, 103,


8 number 5 in Weld county; enumeration district number 37 in census tract

9 number 6 in Weld county; that part of census tract number 11 in Weld

10 county which is not contained in district 50; that part of census tract

11 number 12 in Weld county which is not contained in district 50; that part

12 of census tract number 21 in Weld county which is not contained in

13 district 49; that part of census tract number 22 in Weld county which is

14 not contained in district 51; census tract number 17 in Larimer county;

15 those parts of census tracts numbered 18, 20, and 21 in Larimer county

16 which are not contained in district 45; and census blocks numbered 114,

17 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,

18 129, 130, 131, and 132 in census tract number 19 in Larimer county.

19 (49) District 49: Census tracts numbered 128, 132.01, 132.03,

20 132.04, 132.05, 133.01, 133.02, 134, and 135 in Boulder county;

21 enumeration districts numbered 122 and 123 in census tract number 20 in

22 Weld county; and enumeration districts numbered 100 and 103 in census

23 tract number 21 in Weld county.

24 (50) District 50: Census tracts numbered 1, 2, 3, 8, 9, and 10 in

25 Weld county; those parts of census tracts numbered 4 and 5 in Weld

26 county which are not contained in district 48; census block groups

27 numbered 2 and 3 and census blocks numbered 127, 128, 133, 134, 136,

-52- DRAFT

DRAFT10.4.16


2 number 7 in Weld county; census blocks numbered 105, 106, 107, 108,

3 109, 110, 111, 112, 113, and 117 in census tract number 11 in Weld

4 county; and census blocks numbered 134, 135, 136, 137, 138, 139, 140,

5 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,

6 155, and 156 in census tract number 12 in Weld county.

7 (51) District 51: Census tracts numbered 15, 16, 17, 18, 19, 23,

8 and 24 in Weld county; that part of census tract number 6 in Weld county

9 which is not contained in district 48; that part of census tract number 7 in

10 Weld county which is not contained in district 50; that part of census tract

11 number 20 in Weld county which is not contained in district 49;

12 enumeration districts numbered 16, 17, 18, 19, 20, and 21 in census tract

13 number 22 in Weld county; and that part of census tract number 25 in

14 Weld county which is not contained in district 30.


16 127.03, 127.04, 129.00, 130.00, 131.01, and 131.02 in Boulder county;

17 enumeration district number 290 and census block number 101 in census

18 tract number 126.01 in Boulder county; enumeration district number 311

19 and census blocks numbered 110, 111, 113, 114, 115, 116, 126, 127, 128,

20 129, 130, 131, and 132 in census tract number 125.06 in Boulder county;

21 and that part of census tract number 98.08 in Jefferson county which is

22 not contained in districts 25 and 27.


24 123, 125.03, and 126.02 in Boulder county; those parts of census tracts

25 numbered 122.01 and 124.01 in Boulder county which are not contained

26 in district 47; and that part of census tract number 126.01 in Boulder


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DRAFT10.4.16

1 (54) District 54: Census tracts numbered 12, 13, 14, and 19 in

2 Mesa county; enumeration district number 39 in census tract number 3 in

3 Mesa county; enumeration districts numbered 35, 36, and 60 in census

4 tract number 9 in Mesa county; enumeration districts numbered 6, 7, 10,

5 and 10B in census tract number 15 in Mesa county; that part of census

6 tract number 8 in Mesa county which is not contained in district 55; and

7 that part of Delta county which is not contained in district 58.

8 (55) District 55: Census tracts numbered 1, 2, 4, 5, 6, 7, 10, 11,

9 16, 17, and 18 in Mesa county; enumeration districts numbered 49 and 50

10 in census tract number 8 in Mesa county; and those parts of census tracts

11 numbered 3, 9, and 15 in Mesa county which are not contained in district

12 54.

13 (56) District 56: The counties of Clear Creek, Gilpin, Grand,

14 Jackson, Moffat, Routt, and Summit; enumeration districts numbered 2,

15 3, and 4 in Eagle county; enumeration districts numbered 1, 2, 2B, 3, 4,

16 5, 6, 7, and 91 in Larimer county; and census blocks numbered 906, 907,

17 908, 909, 910, 911, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926,


19 13 in Larimer county.

20 (57) District 57: The counties of Garfield, Pitkin, and Rio Blanco;

21 enumeration districts numbered 3 and 9 in Lake county; and that part of

22 Eagle county which is not contained in district 56.

23 (58) District 58: The counties of Dolores, Gunnison, Hinsdale,

24 Montrose, Ouray, San Juan, and San Miguel; enumeration districts

25 numbered 21 and 23 in Delta county; and enumeration districts numbered

26 2 and 4 in Montezuma county.

27 (59) District 59: The counties of Archuleta and La Plata; and that

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DRAFT10.4.16

1 part of Montezuma county which is not contained in district 58.

2 (60) District 60: The counties of Alamosa, Conejos, Mineral, Rio

3 Grande, and Saguache.

4 (61) District 61: The counties of Chaffee and Park; all of the

5 Canon City division and enumeration districts numbered 4, 5, 6, 25, 27,

6 29, and 30 in Fremont county; that part of Teller county which is not

7 contained in districts 21 and 22; and that part of Lake county which is not


9 (62) District 62: The counties of Costilla, Huerfano, and Las

10 Animas; census tracts numbered 22, 23, and 28.04 in Pueblo county;

11 enumeration districts numbered 127 and 183 in census tract number 31.01

12 in Pueblo county; enumeration district number 189 in census tract number

13 32 in Pueblo county; enumeration districts numbered 181 and 182 and


15 211, 212, 213, 214, and 215 in census tract number 31.02 in Pueblo

16 county; and census blocks numbered 118, 119, 120, and 121 in census

17 tract number 24 in Pueblo county.

18 (63) District 63: The counties of Baca, Bent, and Prowers; and

19 enumeration districts numbered 1, 3, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,

20 and 27 in Otero county.

21 (64) District 64: The counties of Cheyenne, Kiowa, Kit Carson,

22 and Lincoln; enumeration districts numbered 1, 7, 8, and 9 in Elbert

23 county; enumeration districts numbered 12 and 13 in Yuma county;

24 enumeration districts numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 21, 22, 24,

25 and 25 in Morgan county; and that part of Washington county which is

26 not contained in district 65.

27 (65) District 65: The counties of Logan, Phillips, and Sedgwick;

-55- DRAFT

DRAFT10.4.16

1 enumeration district number 2 in Washington county; and that part of

2 Yuma county which is not contained in district 64.

3 2-2-203. Legislative declaration - findings of legislative fact.

4 (1) The general assembly declares it to be necessary to meet the equal

5 population requirements of section 46 of article V of the state constitution

6 in some instances to add part of one county to all or part of another

7 county in forming representative districts under this part 2.

8 (2) The general assembly further declares that some representative

9 districts are not comprised of areas whose boundaries are equidistant from

10 the geographic center of the respective areas, but that variations therefrom

11 were necessitated by population density and distribution, boundaries of

12 enumeration districts and other identifiable census units of area, natural

13 boundaries, and county lines in order to define representative districts

14 having population as nearly equal as may be.

15 (3) Pursuant to the requirements of section 47 of article V of the

16 state constitution, the representative districts established by this part 2 are

17 based upon the following factors: (1) Equal population; (2) a minimum

18 split of counties; and (3) compactness based upon geographic areas whose

19 boundaries are as nearly equidistant from a center as possible, limited by

20 variances caused by the shape of county boundary lines, census

21 enumeration lines, natural boundaries, population density, and the need

22 to retain compactness of adjacent districts.

23 Colorado's population as established by the 1970 federal census is

24 2,209,528. An average representative district is 33,993. The maximum

25 deviation in excess of this average for a representative district as provided

26 by this part 2 is 0.81 percent, while the smallest district is 1.02 percent

27 below average.

-56- DRAFT

DRAFT10.4.16

1 The compactness of each individual district not only depends upon

2 natural boundaries, the irregular size and shape of census districts, and

3 county lines, but must be related to the overall approach used in

4 developing districts of approximately equal population. (The term "census

5 districts" is used in this subsection (3) to include official census tracts,

6 enumeration districts, block groups, or blocks, as applicable.)

7 The Front Range area which stretches from the Wyoming state line

8 on the north to the southern border of Pueblo county embodies thirteen

9 counties (i.e., Larimer, Weld, Morgan, Boulder, Jefferson, Denver,

10 Adams, Arapahoe, Douglas, Elbert, El Paso, Teller, and Pueblo) which

11 contain a total of 1,798,936 people.

12 The house reapportionment plan as embodied in this part 2

13 allocates fifty-three house districts to this Front Range area. Fifty-three

14 seats times the ideal 33,993 people for each district equals 1,801,609

15 people. The fifty-three districts as contained in this part 2 have 1,800,425

16 people in them.

17 This approach leaves twelve house districts to be devised from the

18 remaining fifty counties -- since section 47 of article V of the state

19 constitution provides that counties may be split for purposes of equal

20 population only, the compactness of these twelve districts is dependent

21 for the most part on the shape of county boundaries.

22 In order to achieve equal population in these remaining twelve

23 districts, and still retain the integrity of county boundaries wherever

24 feasible, and to strive for as compact districts as possible, parts of four

25 counties contained in the Front Range group were added to the outlying

26 twelve districts. (A part of Larimer county was added to district 56; a part

27 of Teller county was added to district 61; a part of Elbert county was

-57- DRAFT

DRAFT10.4.16

1 added to district 64; and a part of Morgan county was added to district

2 64.)

3 Aside from cutting across the said four county lines, only nine

4 county boundaries were crossed in devising the twelve outlying districts

5 out of the remaining fifty counties, and these were made for purposes of

6 population equality.

7 In order to pick up the extra population necessary for the Front

8 Range group of districts after deducting the parts allocated to the outlying

9 twelve districts, population from the whole counties of Huerfano,

10 Crowley, and Custer, and a part of Fremont county were added to Pueblo

11 county in order to create four legislative districts.

12 Within the Front Range group of legislative districts there are

13 densely populated areas interspersed within very sparsely populated areas,

14 and this contributes to the difficulties of drawing districts in a compact

15 manner.

16 Wherever feasible in the plan contained in this part 2, districts

17 within densely populated areas have been drawn as compact as possible.

18 However, drawing five compact districts in Adams county, for example,

19 necessitates a sixth district which gives an appearance of

20 noncompactness.

21 2-2-204. Attachments and detachments. (1) If any area of this

22 state is omitted from the provisions of this part 2, inadvertently or by


24 assembly, the secretary of state, upon discovery of such omission, shall

25 attach such area to the appropriate representative district as follows:

26 (a) If the area is surrounded by a representative district, the area

27 shall be attached to such district.

-58- DRAFT

DRAFT10.4.16

1 (b) If the area is contiguous to two or more representative

2 districts, the area shall be attached to the district that has the least

3 population according to the last preceding national census of the United

4 States bureau of the census.

5 (2) If any area of this state is included in two or more

6 representative districts established by this part 2, inadvertently or by



9 detach such area from the representative district or districts having the

10 largest population and shall designate such area as being included in the

11 representative district having the least population; except that, if such area

12 is wholly surrounded by a representative district and by inadvertence is

13 also included in another representative district, the secretary of state shall

14 designate such area as included in the district wholly surrounding such

15 area, regardless of population.



18 representative district defined by this part 2 and if the population of the

19 area annexed is one hundred seventy persons or less according to the

20 1970 federal census, the secretary of state shall detach the area annexed

21 from the representative district in which it is included pursuant to this part

22 2 and shall attach such area to the adjacent representative district in the

23 county to which the area was annexed; except that if such attachment

24 would result in any area in one representative district being wholly

25 surrounded by area in another representative district, no adjustment in

26 representative district boundaries shall be made. If the area annexed is

27 adjacent to two or more representative districts in the county to which it

-59- DRAFT

DRAFT10.4.16

1 is annexed, the area shall be attached to the representative district having

2 the least population. The area so attached shall also be attached to any

3 general election precinct adjacent to such area in the county to which the

4 area was annexed.



7 representative district defined by this part 2 and if the population of the

8 annexed area is more than one hundred seventy persons according to the

9 1970 federal census, no adjustment in the boundaries of representative

10 districts shall be made, but the area annexed shall constitute a separate

11 general election precinct.


13 of subsections (1) to (4) of this section shall be certified in writing by and


15 such attachment or detachment until the representative districts are again

16 reapportioned.

17 2-2-205. Maps of legislative districts. The legislative council

18 shall prepare and file with the secretary of state copies of census maps

19 showing thereon each representative district and showing the population

20 of each district according to the official census lines, maps, and statistics

21 as described in this part 2. The legislative council shall retain on file in its

22 office copies of official census maps and population statistics.

23 2-2-206. Severability. If one or more of the representative

24 districts defined by this part 2 are found to violate any provision of the

25 state or federal constitution, the remaining districts defined by this part 2

26 which do not violate any such provision may stand as defined, and the

27 general assembly shall redefine the boundaries of those districts held

-60- DRAFT

DRAFT10.4.16

1 invalid in such a manner that said districts will comply with constitutional

2 requirements.

3 2-2-207. Applicability of part 2. This part 2 applies to the

4 forty-ninth and subsequent general assemblies.

5 2-2-208. Redistricting. (1) The general assembly hereby finds:

6 (a) House of representatives district 60 currently includes the six

7 counties that compose the San Luis valley, as well as Huerfano county

8 and a portion of Las Animas county.

9 (b) Certain residents of the San Luis Valley filed a lawsuit against

10 the state under section 2 of the federal "Voting Rights Act", 42 U.S.C.

11 sec. 1973, alleging that the current boundaries of representative district

12 60 deny Hispanics the right to elect representatives of their choice.

13 (c) After the United States district court for the district of

14 Colorado ruled in favor of the state, Sanchez v. State of Colorado, 861

15 F.Supp. 1516 (D.Colo. 1994), the United States tenth circuit court of

16 appeals reversed the district court decision and ordered the state to redraw

17 the boundaries of representative district 60 consistent with section 2 of

18 the Voting Rights Act of 1965. Sanchez v. State of Colorado, 97 F.3d

19 1303 (10th Cir. 1996).

20 (d) House joint resolution 97-1045 established an interim

21 committee to redraw the boundaries of representative districts 44, 45, 46,

22 47, 60, and 61 consistent with the opinion of the tenth circuit court of

23 appeals.

24 (e) In September of 1997, the interim committee conducted public

25 hearings in the affected areas. The committee heard testimony from

26 residents of the San Luis valley and other parts of southern Colorado

27 about regions that have common interests and regions where interests may

-61- DRAFT

DRAFT10.4.16

1 conflict.

2 (f) Following the public hearings, the committee considered nine

3 proposed plans of redistricting and voted to adopt five preliminary plans.

4 Copies of the preliminary plans were distributed to interested parties and

5 made available on the internet through the general assembly's home page.

6 (g) In October of 1997, the interim committee again conducted

7 public hearings in the affected areas for comments on the five preliminary

8 plans. The committee heard testimony that residents of Center in

9 Saguache county should be included in the new representative district 60

10 and that representative district 46 in Pueblo should be drawn to keep

11 communities with common interests together.

12 (h) The interim committee considered the testimony and discussed

13 seven amendments to the preliminary plans before adopting its final

14 recommendation to the second regular session of the sixty-first general

15 assembly.

16 (2) The definition of areas to be included in each representative

17 district is by reference to counties and to official census tracts, census

18 divisions, census block groups, and census blocks, created by the United

19 States bureau of the census to which fixed population counts have been

20 assigned as of the year 1990.

21 (3) The representative districts 44, 45, 46, 47, 60, and 61 are

22 defined as follows:

23 (a) District 44: The counties of Custer, Fremont, and Teller and

24 the following portions of Pueblo county: Block groups 1, 2, 3, 4, and 5

25 and blocks 642, 643A, 644, 645, 646, 648, 649, 650, 651, 652, 653, 654,

26 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668,

27 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, and 679 in tract 28.04;

-62- DRAFT

DRAFT10.4.16

1 block group 2 and blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,

2 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123,

3 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 140, 141, 144,

4 145, 146, 147, 148, 149, 150, 158, 159, 160, 161, 162, 163, 164, 165,

5 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179,

6 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193,

7 195, 196, 197, and 199 in tract 28.06 ; and blocks 203, 204, 205, 206,

8 207, 208, 209, 315, 316A, 316B, 317, 318A, 318B, 318C, 318D, and 319

9 in tract 28.07.

10 (b) District 45: The following portions of Pueblo county: Tracts

11 9.03, 9.04, 9.05, 16, 17, 28.02, 29.03, 29.05, 33, and 34; block group 1

12 and blocks 201, 202, 203, 204, 216, 217, 218, 219, 220, 301, 302, 303,

13 304, 305, 306, 307, 308, and 309 in tract 1; block groups 1 and 2 and

14 blocks 301, 302, 303, and 304 in tract 4; blocks 101, 102, 103, 104, 105,

15 106, 107, 108, 109, 111, 112, 116, 121, 122, 123, 140, 141, 213, 220,

16 221, 224, 301, 304, 305, 308, 309, 312, 313, 314, 318, 319, 322, 323,

17 324, 401, 402, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415,

18 416, 418, and 421 in tract 5; blocks 322, 323, 324, 325, 326, 327, and 328

19 in tract 6; block groups 2, 3, and 4 and blocks 101, 102, 103, 104, 106,

20 124, 125, 126, 127, 128, and 129 in tract 9.02; block 101B in tract 13;

21 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 204,

22 212, 213, 220, 224, 225, 226, 227, and 228 in tract 15; block groups 1 and

23 2 and blocks 301, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, and

24 316 in tract 18; blocks 106, 107, 108, and 114 in tract 19; blocks 135,

25 136, 137, 138, 139, and 194 in tract 28.06; that part of tract 28.07 that is

26 not in district 44; block groups 1, 2, 4, 5, 6, 7, 8, and 9 and blocks 301,

27 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,

-63- DRAFT

DRAFT10.4.16

1 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329,

2 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343,

3 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357,

4 358, 359, 360, 361, 362, 365, 366, 367, 368, 369, 370, 371, 372, 373,

5 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387,

6 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 399B, 699A, and 799

7 in tract 29.04; block group 2 and blocks 101A, 102, 103, 104, 105, 106,

8 107, 109, 110, 299A, 299B, and 299C in tract 30.01; blocks 101, 102,

9 103, 104, 105, 106, 107, 108, 109, 111A, 111B, 112, 113, 114, 115, 116,

10 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,

11 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144,

12 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158,

13 159, 160, 161A, 161B, 162, 163, 166, 167, 199A, and 199B in tract

14 30.03; blocks 102A, 102B, 102C, 103A, 103B, 104, 105, 106, 107, 108,

15 109, and 110 in tract 30.04; block groups 1 and 3 and blocks 201, 202,

16 203, 204, 205, 206, 207, 208, 209, 212, 223, 224, 225, 226, 227, 228,

17 401, 402, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 415, 416,

18 699, 901, 902, 903, 904, 905, 906, 910, 911, 912, 913, 914, 915, 920,

19 922, 923, 925, 999A, 999B, and 999C in tract 31.01; block groups 1, 3,

20 and 7 and blocks 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,

21 213, 214, 215, 216, 217, 220, 222, 224, and 225 in tract 31.02; and blocks

22 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,

23 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,

24 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 143, 144, 145, 146,

25 147, 148, 149, 150, 151, 152, 155, 156, 157, 164, 165, 166, 167, 168,

26 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182,

27 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196,

-64- DRAFT

DRAFT10.4.16

1 197, 199A, 199B, 199C, and 199D in tract 32.

2 (c) District 46: The following portions of Pueblo county: Tracts

3 2, 3, 7, 14, 22, 23, 24, 25, 26, 27, 28.01, 28.08, and 29.01; those parts of

4 tracts 1, 4, 5, 6, 15, 18, 19, and 29.04 that are not in district 45; block

5 group 1 and blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,

6 212, 213, 216, 217, 219, 401, 402, 407, 412, 413, 417, 418, 419, 420,

7 421, and 422 in tract 8; block groups 2 and 3 in tract 13; block groups 3,

8 4, and 5 and blocks 208, 209, 210, 211, 212, 213, and 215 in tract 20;

9 block groups 2 and 3 and blocks 102, 103, 104, 105, 106A, 106B, 110,

10 and 113 in tract 21; and that part of tract 28.06 that is not in district 44 or

11 45.

12 (d) District 47: The counties of Baca, Bent, Crowley, Las

13 Animas, and Otero and the following portion of Huerfano county: Block

14 groups 6 and 7 and blocks 123A, 167A, 168, 169, 170, 171, 172, 173,

15 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193,

16 194, 195, 196, 197, 199B, 199C, 309A, 310, 311, 312, 313, 314, 315,

17 316, 317, 318, 319, 320, 321, 322, 323, 324A, 325A, 326, 327, 328, 329,

18 330, 331, 332, 333, 334, 335, 336, 337, 338A, 339A, 340, 341, 342A,

19 343A, 344A, 345A, 346, 347, 348, 349, 350A, 351, 352, 353, 354, 355,

20 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367A, 368A,

21 369A, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413,

22 414, 415, 416, 417, 418, 419, 420A, 421, 422, 423, 424, 425, 426, 427,

23 428, 429, 430, 431, 432, 433, 434, 503A, 503B, 504, 505, 506, 507, 508,

24 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522,

25 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536,

26 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549A, and

27 549B in tract 98.06; and blocks 119, 154, 155, 156, 157, 163, 164, 165,

-65- DRAFT

DRAFT10.4.16

1 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179,

2 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 199A,

3 199B, 199C, 199D, 201, 202, 203A, 209A, 211A, 212A, 213A, 214A,

4 214B, 214C, 215, 216A, 216B, 217, 218A, 218B, 219, 220, 221, 222,

5 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236,

6 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 249, 250,

7 251, 252, 253, 254, 255, 256A, 256B, 257A, 257B, 257C, 258A, 258B,

8 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267, 268A, 268B, 269,

9 270, 271, 272, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J,

10 317, 318, 319, 320, 321, 322, 324, 326, 328, 330, 331, 332, 333, 334,

11 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348,

12 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362,

13 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376,

14 377, 399A, 399B, 399C, and 399D in tract 98.07.

15 (e) District 60: The counties of Alamosa, Conejos, and Costilla

16 and the following portions of Huerfano, Pueblo, Rio Grande, and

17 Saguache Counties:

18 (I) Huerfano: Tract 98.08; and those parts of tracts 98.06 and

19 98.07 that are not in district 47.

20 (II) Pueblo: Those parts of tracts 9.02, 30.01, 30.03, 30.04, 31.01,

21 31.02, and 32 that are not in district 45; those parts of tracts 8, 20, and 21

22 that are not in district 46; that part of tract 28.04 that is not in district 44;

23 and that part of tract 13 that is not in district 45 or 46.

24 (III) Rio Grande: Block group 1 and blocks 201, 202, 203, 204,

25 205, 206, 207, 208, 209, 214, 215, 216, 217, 218, 219, 220, 221, 222,

26 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239A, 239B, 240, 241,

27 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255,

-66- DRAFT

DRAFT10.4.16

1 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269,

2 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283,

3 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299

4 in tract 97.66; and block group 3 and blocks 101A, 101B, 101C, 101D,

5 102, 103A, 103B, 103C, 104A, 104B, 104C, 104D, 104E, 104F, 104G,

6 105, 106, 107A, 107B, 108A, 108B, 109, 110A, 110B, 111, 112, 113,

7 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127,

8 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B,

9 139C, 140, 141, 142, 145, 146, 147, 148, 152, 153, 154, 155, 156, 157,

10 158, 159, 160, 199A, 199B, 199C, 201, 202, 203, 204, 205, 206, 207,

11 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 219, 220,

12 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 232, 235A, 235B, 238,

13 239, 240, 241, 242, 243, 244, 401, 402, 403, 404, 405, 406, 407, 408,

14 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 416C, 417A, 417B,

15 418A, 418B, 418C, 419, 420, 421, 422, 423A, 423B, 424, 425, 426, 427,

16 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441,

17 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455,

18 456, 457A, 457B, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468,

19 469, 470, 471, 472A, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482,

20 483, 484, 487, and 490 in tract 97.67.

21 (IV) Saguache: Block 366, 569, 571, 572, 573, 574, 578, 580,

22 581, 582, 583, 584, 596, 597, and 599C in tract 97.76; and block groups

23 2 and 3 and blocks 101, 102, 103, 104, 105, 106, 107, 108, 116, 117, 118,

24 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132,

25 133, 134, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151,

26 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165,

27 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179,

-67- DRAFT

DRAFT10.4.16

1 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193,

2 194, 195, 196, 197, 199, 481, 484, 485, 486, 488, 489, 490, 491, 492,

3 493, 494, and 495 in tract 97.77.

4 (f) District 61: The counties of Chaffee, Gunnison, Hinsdale,

5 Mineral, Lake, and Park and the following portions of Pitkin, Rio Grande,

6 and Saguache counties:

7 (I) That part of Pitkin county that is not in district 57.

8 (II) That part of Rio Grande county that is not in district 60.

9 (III) That part of Saguache county that is not in district 60.

10 (4) The county clerk and recorder of each county affected by the

11 redistricting plan specified in this section shall establish precinct

12 boundaries in accordance with section 1-5-101, C.R.S., so that no precinct

13 includes territory in more than one representative, senatorial, or

14 congressional district.

15 (5) The representative districts specified in this section shall be in

16 effect for the 1998 general election and subsequent elections until a new

17 redistricting plan is approved pursuant to article V, section 48, of the state

18 constitution.









-68- DRAFT

DRAFT10.4.16



-69- DRAFT

DRAFT10.5.16

BILL TOPIC: "Repeal Obsolete Law CO Congressional Districts"





A BILL FOR AN ACT


102 REDISTRICTING OF CONGRESSIONAL DISTRICTS.

Bill Summary


Statutory Revision Committee. The bill repeals a law relating toColorado's congressional districts that has been rendered obsolete by theredistricting premised on the 2010 federal census. In addition, certainportions of the law being repealed were held unconstitutional by the statesupreme court in People Ex Rel. Salazar v. Davidson, 79 P.3d 1221(Colo. 2003) cert. denied, 541 U.S. 1093, 124 S. Ct. 2228, 159 L. Ed. 2d




DRAFT10.5.16

260 (2004). The bill also makes a conforming amendment.


2 SECTION 1. In Colorado Revised Statutes, repeal 2-1-101.

3 SECTION 2. In Colorado Revised Statutes, 2-1-102, amend (1)

4 introductory portion as follows:

5 2-1-102. Neutral criteria for judicial determinations of

6 congressional districts. (1) In determining whether one or more of the

7 congressional districts established in section 2-1-101 ACCORDANCE WITH

8 SECTION 44 OF ARTICLE V OF THE STATE CONSTITUTION are lawful and in

9 adopting or enforcing any change to any such district, courts:











-2- DRAFT

DRAFT10.5.16

BILL TOPIC: "Repeal Obsolete Law CO Congressional Districts"





A BILL FOR AN ACT


102 REDISTRICTING OF CONGRESSIONAL DISTRICTS.

Bill Summary


Statutory Revision Committee. The bill repeals a law relating toColorado's congressional districts that has been rendered obsolete by theredistricting premised on the 2010 federal census. In addition, certainportions of the law being repealed were held unconstitutional by the statesupreme court in People Ex Rel. Salazar v. Davidson, 79 P.3d 1221(Colo. 2003) cert. denied, 541 U.S. 1093, 124 S. Ct. 2228, 159 L. Ed. 2d




DRAFT10.5.16

260 (2004). The bill also makes a conforming amendment.


2 SECTION 1. In Colorado Revised Statutes, repeal 2-1-101 as

3 follows:

4 2-1-101. Congressional districts. (1) For the election of

5 representatives to congress, the state of Colorado is divided into seven

6 congressional districts as follows:

7 (a) The first congressional district shall consist of the city and

8 county of Denver and the following portions of the following counties:

9 (I) Adams county: Blocks 1000 and 1001 of block group 1 of tract

10 83.09.

11 (II) Arapahoe county: Tracts 49.50 and 53.50; blocks 2004, 2005,

12 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,

13 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027,

14 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038,

15 2039, 2040, 2041, 2042, and 2043 of block group 2 of tract 55.51; tract

16 55.52; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1010, and 1998 of

17 block group 1 and blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006,

18 3009, 3010, 3011, and 3012 of block group 3 of tract 55.53; blocks 2027,

19 2028, and 2029 of block group 2 of tract 57; blocks 1011, 1012, 1013,

20 1014, 1015, 1016, 1017, and 1018 of block group 1 of tract 60; blocks

21 4009, 4010, 4011, 4012, 4013, 4017, 4018, 4021, 4022, 4023, and 4037

22 of block group 4 of tract 62; block 2000 of block group 2 of tract 67.10;

23 blocks 3024, 3025, and 3026 of block group 3 of tract 68.07; tracts 69.51,

24 69.52, 70.15, and 70.16; block group 1, blocks 2002, 2003, 2004, 2005,

25 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,

-2- DRAFT

DRAFT10.5.16

1 2017, 2018, and 2019 of block group 2, and block groups 3, 4, and 5 of

2 tract 70.54; blocks 1001, 1002, 1003, 1006, 1007, 1008, 1011, and 1012

3 of block group 1, blocks 2005, 2006, 2007, 2008, 2009, 2010, 2011,

4 2012, 2013, 2014, 2015, 2016, 2017, and 2018 of block group 2, and

5 block group 3 of tract 70.60; tracts 72.01 and 72.02; block groups 3, 4, 5,

6 and 6 of tract 73; block group 1, blocks 2000, 2001, 2002, 2003, 2004,

7 2005, 2007, 2008, and 2009 of block group 2, and block groups 3 and 4

8 of tract 74; blocks 1014 and 1016 of block group 1 and block groups 2

9 and 3 of tract 77.03; and tract 77.04.

10 (III) Jefferson county: Blocks 2002, 2003, 2004, 2005, and 2024

11 of block group 2 of tract 119.04.

12 (b) The second congressional district shall consist of the counties

13 of Clear Creek, Eagle, Gilpin, Park, Pitkin, and Summit and the following

14 portions of the following counties:

15 (I) Adams county: Tracts 85.05, 85.06, 85.07, and 85.08; blocks

16 1005, 1006, 1007, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,

17 1017, 1018, 1019, 1020, 1021, 1022, 1024, 1025, 1026, 1027, 1033,

18 1034, 1035, 1036, 1037, 1038, 1041, 1046, 1047, 1049, 1061, 1062,

19 1063, 1064, 1065, 1066, 1067, 1068, 1069, and 1122 of block group 1 of

20 tract 85.12; tracts 85.15, 85.16, 85.20, 85.21, and 85.22; blocks 1015,

21 1016, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,

22 1034, 1035, 1040, 1041, 1042, 1043, 1045, 1046, 1061, 1062, 1063,

23 1092, 1094, 1095, 1096, 1100, 1101, 1104, 1105, 1106, 1107, 1108,

24 1114, 1115, 1116, 1117, 1118, 1119, 1120, and 1997 of block group 1

25 and block groups 2 and 3 of tract 85.23; tracts 85.24, 85.25, 85.26, 85.27,

26 85.28, 85.29, and 85.30; block groups 1, 2, 3, and 4 and blocks 5000,

27 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011,

-3- DRAFT

DRAFT10.5.16

1 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022,

2 5023, 5024, 5025, 5026, 5027, 5029, 5030, 5031, 5032, 5033, 5034,

3 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045,

4 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5056,

5 5057, 5058, 5059, 5060, 5061, 5062, 5063, 5064, 5065, 5066, 5067, and

6 5068 of block group 5 of tract 85.31; tracts 85.33, 85.34, 86.03, 86.04,

7 86.05, and 86.06; blocks 3027, 3028, 3030, 3050, 3051, 3057, 3081,

8 3089, 3090, 3091, and 3092 of block group 3 of tract 88.02; tracts 90.01,

9 90.02, 90.03, and 91.01; block group 1 and blocks 2000, 2001, 2002,

10 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,


12 tract 91.03; tracts 91.04, 92.02, 92.03, 92.04, 92.05, 93.04, 93.06, 93.07,

13 93.08, 93.09, 93.10, 93.16, 93.18, 93.19, 93.20, 93.21, 93.22, 93.23,

14 93.24, 93.25, 94.01, 94.06, 94.07, 94.08, 94.09, 94.10, 94.11, and 95.01;

15 block groups 1 and 2 and blocks 3000, 3001, 3002, 3003, 3004, 3005,

16 3006, 3007, 3008, 3009, 3010, 3014, 3015, 3016, 3017, 3018, 3019,

17 3020, 3021, 3022, 3023, 3024, and 3999 of block group 3 of tract 95.02;

18 block group 1 and blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006,

19 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,

20 2018, 2019, 2020, 2021, 2022, 2023, and 2024 of block group 2 of tract

21 95.53; tracts 96.03 and 96.04; block group 1 and blocks 2000, 2001,

22 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, and 2010 of block

23 group 2 of tract 96.06; tract 96.07; and blocks 1000, 1002, 1003, and

24 1020 of block group 1 of tract 96.08.

25 (II) Boulder county: Tracts 121.01, 121.02, 121.04, 121.05,

26 121.06, 122.02, 122.03, 122.05, 122.06, 123, 124.01, 125.01, 125.05,

27 125.07, 125.08, 125.09, 125.10, 125.11, 126.03, 126.05, 126.06, 127.01,

-4- DRAFT

DRAFT10.5.16

1 127.05, 127.07, 127.08, 127.09, 127.10, 128, 129.03, 129.04, 129.05,

2 129.06, 129.07, 129.08, 130.03, 130.04, 130.05, 130.06, 130.07, 131.04,

3 131.06, 131.07, 131.08, 131.09, 131.10, and 131.11; blocks 1007, 1008,

4 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,

5 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1047, 1048,

6 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059,

7 1070, 1081, 1082, and 1997 of block group 1 of tract 132.01; tract

8 132.02; block group 1, blocks 2010, 2011, 2012, 2013, 2014, 2015, 2016,

9 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027,

10 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038,

11 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049,

12 2050, and 2051 of block group 2, and block group 3 of tract 132.05;

13 blocks 3077, 3078, 3081, 3082, 3083, 3084, 3085, and 3086 of block

14 group 3 of tract 132.09; blocks 2040, 2041, 2043, 2044, 2045, 2046,

15 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057,

16 2058, 2059, 2060, 2061, 2062, 2068, 2069, 2070, 2071, 2072, 2073,


18 tract 132.11; and tracts 136.01, 136.02, 137.01, and 137.02.

19 (III) Grand county: Blocks 1594, 1595, 1600, 1601, 1602, 1603,

20 1604, 1605, 1606, 1607, 1608, 1609, 1612, 1613, 1614, 1615, 1616,

21 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1624, 1625, 1626, 1627,

22 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, and

23 1639 of block group 1 of tract 1; and blocks 2413, 2415, 2416, 2417,

24 2429, 2430, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441,

25 2442, 2443, 2444, 2445, 2446, 2447, 2448, 2449, 2450, 2451, 2452,

26 2453, 2472, 2473, 2474, 2475, 2476, 2477, 2478, and 2495 of block

27 group 2 and block group 4 of tract 2.

-5- DRAFT

DRAFT10.5.16

1 (IV) Jefferson county: Blocks 2000, 2001, 2002, 2003, 2004,

2 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,

3 2016, 2017, 2018, 2020, and 2021 of block group 2 of tract 120.30;

4 blocks 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,

5 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025,

6 2026, 2027, 2028, 2029, 2030, 2036, 2037, 2092, 2093, 2094, 2095,

7 2096, 2097, 2101, 2104, 2105, 2110, 2111, 2112, 2113, 2114, 2996, and

8 2997 of block group 2, block group 3, and blocks 4000, 4001, 4002,

9 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, and

10 4014 of block group 4 of tract 98.08; blocks 1000, 1001, 1002, 1003,

11 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1014, 1016, and 1017 of

12 block group 1, blocks 2000, 2001, 2002, 2011, 2012, 2016, 2017, 2018,

13 2019, 2020, 2021, 2023, 2024, 2025, 2026, 2027, 2032, 2033, 2034,

14 2053, 2054, 2055, 2056, 2092, 2093, 2108, 2110, 2114, and 2999 of

15 block group 2 of tract 98.22; and block group 1 of tract 98.25; blocks

16 1000, 1001, 1002, 1003, 1004, 1005, 1007, 1008, 1009, 1010, 1011,

17 1012, 1013, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,

18 1024, 1025, and 1026 of block group 1 and blocks 2004, 2005, 2006,

19 2007, 2008, and 2009 of block group 2 of tract 98.26; blocks 1000, 1001,

20 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,

21 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,

22 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034,

23 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045,

24 1048, 1049, 1050, and 1051 of block group 1 of tract 98.44; block 1018

25 of block group 1 of tract 98.46; and block groups 1 and 2 of tract 98.48.

26 (V) Weld county: Blocks 4072, 4073, 4077, 4078, 4079, 4080,

27 4081, 4107, 4108, 4109, 4111, 4112, 4113, 4114, 4117, 4118, 4119,

-6- DRAFT

DRAFT10.5.16

1 4122, 4123, 4124, and 4126 of block group 4 of tract 20.02; and blocks

2 1108, 1113, 1114, 1116, 1149, 1150, 1155, 1156, and 1157 of block

3 group 1 of tract 20.03.

4 (c) The third congressional district shall consist of the counties of

5 Alamosa, Archuleta, Chaffee, Conejos, Costilla, Custer, Delta, Dolores,

6 Garfield, Gunnison, Hinsdale, Jackson, La Plata, Lake, Mesa, Mineral,

7 Moffat, Montezuma, Montrose, Ouray, Rio Blanco, Rio Grande, Routt,

8 Saguache, San Juan, and San Miguel and the following portions of the

9 following counties:

10 (I) Fremont county: Blocks 1009 and 1010 of block group 1 of

11 tract 9781; blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,

12 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022,

13 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,

14 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044,

15 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055,

16 1056, 1057, 1058, and 1997 of block group 1 and block groups 2 and 3

17 of tract 9782; tracts 9783, 9784, 9785, 9786, 9787, 9788, 9790, 9791, and

18 tract 9792; blocks 1010 and 1011 of block group 1 and block group 2 of

19 tract 9793; and tract 9794.

20 (II) Grand county: Blocks 1000, 1001, 1002, 1003, 1004, 1005,

21 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,

22 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027,

23 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038,

24 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049,

25 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060,

26 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071,

27 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082,

-7- DRAFT

DRAFT10.5.16

1 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093,

2 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104,

3 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115,

4 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126,

5 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137,

6 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148,

7 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159,

8 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170,

9 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181,

10 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192,

11 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203,

12 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214,

13 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225,

14 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236,

15 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247,

16 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258,

17 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269,

18 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280,

19 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291,

20 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302,

21 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313,

22 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324,

23 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335,

24 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346,

25 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357,

26 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368,

27 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379,

-8- DRAFT

DRAFT10.5.16

1 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390,

2 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401,

3 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412,

4 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423,

5 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1432, 1433, 1434,

6 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445,

7 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456,

8 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467,

9 1468, 1469, 1470, 1471, 1472, 1473, 1474, 1475, 1476, 1477, 1478,

10 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489,

11 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500,

12 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511,

13 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522,

14 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533,

15 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, 1544,

16 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555,

17 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566,

18 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577,

19 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588,

20 1589, 1590, 1591, 1592, 1593, 1596, 1597, 1598, 1599, 1610, 1611,

21 1640, 1641, 1642, 1643, 1644, 1645, 1646, 1647, 1648, 1649, 1650,

22 1651, 1652, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990,

23 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, and 1999 of block

24 group 1 and block group 2 of tract 1; and block group 1, blocks 2000,

25 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,

26 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022,

27 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033,

-9- DRAFT

DRAFT10.5.16

1 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044,

2 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055,

3 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066,

4 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077,

5 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088,

6 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099,

7 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110,

8 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121,

9 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132,

10 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143,

11 2144, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154,

12 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2164, 2165,

13 2166, 2167, 2168, 2169, 2170, 2171, 2172, 2173, 2174, 2175, 2176,

14 2177, 2178, 2179, 2180, 2181, 2182, 2183, 2184, 2185, 2186, 2187,

15 2188, 2189, 2190, 2191, 2192, 2193, 2194, 2195, 2196, 2197, 2198,

16 2199, 2200, 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2209,

17 2210, 2211, 2212, 2213, 2214, 2215, 2216, 2217, 2218, 2219, 2220,

18 2221, 2222, 2223, 2224, 2225, 2226, 2227, 2228, 2229, 2230, 2231,

19 2232, 2233, 2234, 2235, 2236, 2237, 2238, 2239, 2240, 2241, 2242,

20 2243, 2244, 2245, 2246, 2247, 2248, 2249, 2250, 2251, 2252, 2253,

21 2254, 2255, 2256, 2257, 2258, 2259, 2260, 2261, 2262, 2263, 2264,

22 2265, 2266, 2267, 2268, 2269, 2270, 2271, 2272, 2273, 2274, 2275,

23 2276, 2277, 2278, 2279, 2280, 2281, 2282, 2283, 2284, 2285, 2286,

24 2287, 2288, 2289, 2290, 2291, 2292, 2293, 2294, 2295, 2296, 2297,

25 2298, 2299, 2300, 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308,

26 2309, 2310, 2311, 2312, 2313, 2314, 2315, 2316, 2317, 2318, 2319,

27 2320, 2321, 2322, 2323, 2324, 2325, 2326, 2327, 2328, 2329, 2330,

-10- DRAFT

DRAFT10.5.16

1 2331, 2332, 2333, 2334, 2335, 2336, 2337, 2338, 2339, 2340, 2341,

2 2342, 2343, 2344, 2345, 2346, 2347, 2348, 2349, 2350, 2351, 2352,

3 2353, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363,

4 2364, 2365, 2366, 2367, 2368, 2369, 2370, 2371, 2372, 2373, 2374,

5 2375, 2376, 2377, 2378, 2379, 2380, 2381, 2382, 2383, 2384, 2385,

6 2386, 2387, 2388, 2389, 2390, 2391, 2392, 2393, 2394, 2395, 2396,

7 2397, 2398, 2399, 2400, 2401, 2402, 2403, 2404, 2405, 2406, 2407,

8 2408, 2409, 2410, 2411, 2412, 2414, 2418, 2419, 2420, 2421, 2422,

9 2423, 2424, 2425, 2426, 2427, 2428, 2431, 2432, 2454, 2455, 2456,

10 2457, 2458, 2459, 2460, 2461, 2462, 2463, 2464, 2465, 2466, 2467,

11 2468, 2469, 2470, 2471, 2479, 2480, 2481, 2482, 2483, 2484, 2485,

12 2486, 2487, 2488, 2489, 2490, 2491, 2492, 2493, 2494, 2496, 2497,

13 2498, 2499, 2500, 2501, 2502, 2503, 2504, 2505, 2990, 2991, 2992,


15 block group 3 of tract 2.

16 (III) Pueblo county: Tracts 1, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,

17 2, 20, 21, 22, 23, 24, 25, 26, 27, 28.01, 28.02, 28.04, 28.06, 28.07, 28.08,

18 and 29.01; block group 1 and blocks 2009, 2010, 2011, 2012, 2015, 2016,

19 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027,

20 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038,

21 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, and 2047 of block

22 group 2 of tract 29.03; blocks 1001, 1002, 1003, 1004, 1007, 1008, 1009,

23 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020,

24 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,

25 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042,

26 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053,

27 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064,

-11- DRAFT

DRAFT10.5.16

1 1065, 1066, 1067, 1068, and 1069 of block group 1, blocks 2011, 2012,

2 2013, 2014, 2021, and 2023 of block group 2, blocks 3000, 3001, 3002,

3 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027,

4 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038,

5 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, and 3048 of

6 block group 3, block group 4, and blocks 5038, 5039, 5040, 5041, 5042,

7 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5056, 5057, 5058, 5059,

8 5060, 5061, 5062, 5063, 5064, 5065, 5066, 5067, 5068, 5069, 5070,

9 5071, 5072, 5073, 5074, 5075, 5076, 5077, 5078, 5079, 5080, 5081,

10 5082, 5083, 5084, 5085, 5086, 5087, 5088, 5089, 5090, 5091, 5092, and


12 and 3; blocks 1000, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,

13 1012, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,

14 1034, 1035, and 1036 of block group 1 and blocks 2021, 2022, 2023,

15 2024, 2025, 2026, 2027, and 2028 of block group 2 of tract 30.01; blocks

16 1004, 1005, 1006, 1007, 1014, 1015, 1016, 1017, 1018, 1019, 1020,

17 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,

18 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042,

19 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053,

20 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064,

21 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075,

22 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086,

23 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097,

24 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108,

25 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119,


27 30.03; tract 30.04; blocks 1006, 1016, 1017, 1018, 1019, 1020, 1025,

-12- DRAFT

DRAFT10.5.16

1 1026, and 1027 of block group 1 and blocks 2016, 2019, 2020, 2021,

2 2022, and 2023 of block group 2 of tract 31.03; block 2233 of block

3 group 2 of tract 32; and tracts 4, 5, 6, 7, 8, 9.02, 9.03, 9.04, and 9.05.

4 (d) The fourth congressional district shall consist of the counties

5 of Bent, Cheyenne, Kiowa, Kit Carson, Larimer, Lincoln, Logan,

6 Morgan, Phillips, Prowers, Sedgwick, Washington, and Yuma and the

7 following portions of the following counties:

8 (I) Boulder county: Blocks 1000, 1001, 1002, 1003, 1004, 1005,

9 1006, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038,

10 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1060, 1061, 1062,

11 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1071, 1072, 1073, 1074,


13 tract 132.01; blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,

14 2008, and 2009 of block group 2 of tract 132.05; tracts 132.07 and

15 132.08; block groups 1 and 2 and blocks 3000, 3001, 3002, 3003, 3004,

16 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015,

17 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026,

18 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037,

19 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048,

20 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059,

21 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070,

22 3071, 3072, 3073, 3074, 3075, 3076, 3079, 3080, 3087, 3088, 3089,

23 3090, 3091, 3092, 3093, 3094, and 3095 of block group 3 of tract 132.09;

24 tract 132.10; block group 1, blocks 2000, 2001, 2002, 2003, 2004, 2005,

25 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,

26 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027,

27 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038,

-13- DRAFT

DRAFT10.5.16


2 block group 3 of tract 132.11; and tracts 133.02, 133.05, 133.06, 133.07,

3 133.08, 134.01, 134.02, 135.01, 135.03, and 135.04.

4 (II) Weld county: Tracts 1, 10.01, 10.02, 11, 12.01, 12.02, 13,

5 14.01, 14.02, 14.03, 14.04, 15, 16, 17, 18, 19.02, 19.03, 19.04, 2, and

6 20.01; block groups 1, 2, and 3 and blocks 4000, 4001, 4002, 4003, 4004,

7 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015,

8 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026,

9 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037,

10 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048,

11 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059,

12 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070,

13 4071, 4074, 4075, 4076, 4082, 4083, 4084, 4085, 4086, 4087, 4088,

14 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099,

15 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4110, 4115, 4116, 4120,


17 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010,

18 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,

19 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032,

20 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043,

21 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054,

22 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065,

23 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076,

24 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087,

25 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098,

26 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1109, 1110,

27 1111, 1112, 1115, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124,

-14- DRAFT

DRAFT10.5.16

1 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135,

2 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146,

3 1147, 1148, 1151, 1152, 1153, 1154, 1158, 1159, 1160, 1161, 1162,

4 1163, 1164, 1165, 1998, and 1999 of block group 1 and block group 2 of

5 tract 20.03; and tracts 21, 22.01, 22.02, 23, 25.01, 25.02, 3, 4.01, 4.02, 5,

6 6, 7.01, 7.02, 8, and 9.

7 (e) The fifth congressional district shall consist of the counties of

8 Baca, Crowley, El Paso, Huerfano, Las Animas, Otero, and Teller and the

9 following portions of the following counties:

10 (I) Fremont county: Blocks 1000, 1001, 1002, 1003, 1004, 1005,

11 1006, 1007, 1008, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,

12 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029,

13 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040,

14 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051,

15 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062,

16 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073,

17 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084,

18 1085, 1086, 1087, 1088, 1089, and 1999 of block group 1 and block

19 groups 2 and 3 of tract 9781; blocks 1000, 1001, 1002, 1059, 1998, and

20 1999 of block group 1 of tract 9782; and blocks 1000, 1001, 1002, 1003,

21 1004, 1005, 1006, 1007, 1008, 1009, 1012, 1013, 1014, 1015, 1016,

22 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027,

23 1028, 1998, and 1999 of block group 1 of tract 9793.

24 (II) Pueblo county: Blocks 2000, 2001, 2002, 2003, 2004, 2005,


26 1000, 1005, and 1006 of block group 1, blocks 2000, 2001, 2002, 2003,

27 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2015, 2016, 2017, 2018,

-15- DRAFT

DRAFT10.5.16

1 2019, 2020, and 2022 of block group 2, blocks 3003, 3004, 3005, 3006,

2 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, and 3049


4 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017,

5 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028,

6 5029, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5050, 5051,


8 block group 9 of tract 29.05; blocks 1001, 1002, 1003, 1013, 1014, 1015,

9 1016, 1017, 1018, 1019, 1020, 1021, 1022, and 1023 of block group 1,

10 blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,

11 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,

12 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039,

13 2040, 2041, 2042, 2998, and 2999 of block group 2 of tract 30.01; and

14 blocks 1000, 1001, 1002, 1003, 1008, 1009, 1010, 1011, 1012, 1013, and

15 1125 of block group 1 of tract 30.03; tract 31.02; blocks 1000, 1001,

16 1002, 1003, 1004, 1005, 1007, 1008, 1009, 1010, 1011, 1012, 1013,

17 1014, 1015, 1021, 1022, 1023, 1024, and 1028 of block group 1, blocks

18 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,


20 and block groups 3 and 4 of tract 31.03; tract 31.04; block group 1, blocks

21 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,

22 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021,

23 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032,

24 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043,

25 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054,

26 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065,

27 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076,

-16- DRAFT

DRAFT10.5.16

1 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087,

2 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098,

3 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109,

4 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120,

5 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131,

6 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142,

7 2143, 2144, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153,

8 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2164,

9 2165, 2166, 2167, 2168, 2169, 2170, 2171, 2172, 2173, 2174, 2175,

10 2176, 2177, 2178, 2179, 2180, 2181, 2182, 2183, 2184, 2185, 2186,

11 2187, 2188, 2189, 2190, 2191, 2192, 2193, 2194, 2195, 2196, 2197,

12 2198, 2199, 2200, 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208,

13 2209, 2210, 2211, 2212, 2213, 2214, 2215, 2216, 2217, 2218, 2219,

14 2220, 2221, 2222, 2223, 2224, 2225, 2226, 2227, 2228, 2229, 2230,

15 2231, 2232, 2234, 2235, 2236, 2237, 2238, 2239, 2240, 2241, 2242,

16 2243, 2244, 2245, 2246, 2247, 2248, 2249, 2250, 2251, 2252, 2253,

17 2254, 2255, 2256, 2257, 2258, 2259, 2260, 2261, 2262, 2263, 2264,

18 2265, 2266, 2267, 2268, 2269, 2270, 2271, 2272, 2273, 2274, 2275,

19 2276, 2277, 2278, 2279, 2280, 2281, 2282, 2283, 2284, 2285, 2286,

20 2287, 2288, 2289, 2290, 2291, 2292, 2293, 2294, 2295, 2296, 2297,

21 2298, 2299, 2300, 2301, 2302, 2986, 2987, 2988, 2989, 2990, 2991,


23 and block group 3 of tract 32; and tract 34.

24 (f) The sixth congressional district shall consist of the county of

25 Douglas and the following portions of the following counties:

26 (I) Arapahoe county: Block group 1 and blocks 2000, 2001, 2002,

27 and 2003 of block group 2 of tract 55.51; blocks 1006, 1007, 1008, 1009,

-17- DRAFT

DRAFT10.5.16

1 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, and 1999 of

2 block group 1, block group 2, and blocks 3007, 3008, 3013, 3014, 3015,


4 1001, 1002, 1003, 1007, 1010, 1011, 1012, 1013, 1014, and 1015 of

5 block group 1, blocks 2005, 2006, 2007, and 2008 of block group 2,

6 blocks 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014,


8 block group 4 of tract 56.11; tract 56.12; blocks 1000, 1001, 1002, 1003,

9 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014,

10 1015, 1016, 1017, 1018, 1019, 1024, 1025, 1026, 1027, 1028, and 1999

11 of block group 1 and block group 2 of tract 56.13; block 3005 of block

12 group 3 of tract 56.14; tracts 56.19, 56.20, 56.21, 56.22, 56.23, and 56.24;

13 blocks 1009 and 1015 of block group 1 and block 2030 of block group 2

14 of tract 56.25; block group 1 and blocks 2006, 2007, 2008, 2009, 2010,

15 2011, 2012, 2018, 2020, 2021, 2022, 2023, 2024, 2025, 2026, and 2027

16 of block group 2 of tract 56.32; tracts 56.33 and 56.34; block group 1,

17 blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,

18 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,

19 2021, 2022, 2023, 2024, 2025, 2026, 2030, 2031, 2032, 2033, 2034,

20 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, and 2044 of

21 block group 2, and block group 3 of tract 57; tracts 58, 59.51, and 59.52;

22 blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,

23 1010, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,

24 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039,

25 1040, 1041, 1042, 1043, 1044, 1045, 1046, and 1047 of block group 1

26 and block groups 2 and 3 of tract 60; tract 61; block groups 1, 2, and 3,

27 blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4014,

-18- DRAFT

DRAFT10.5.16

1 4015, 4016, 4019, 4020, 4024, 4025, 4026, 4027, 4028, 4029, 4030,

2 4031, 4032, 4033, 4034, 4035, and 4036 of block group 4 of tract 62;

3 tracts 63, 64, 65.01, 65.02, 66.01, 66.03, 66.04, 67.04, and 67.05; block

4 groups 2 and 3, and blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006,


6 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010,

7 1011, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, and 1025


9 2008, 2009, and 2010 of block group 2, and block group 3 of tract 67.10;

10 block 2005 of block group 2 of tract 67.11; block groups 1 and 2 and

11 blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009,

12 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020,

13 3021, 3022, and 3023 of block group 3 of tract 68.07; tract 68.08; block

14 1000 of block group 1 and blocks 3004, 3005, 3006, 3007, 3008, 3009,


16 tract 68.15; blocks 1000 and 1025 of block group 1 and block 2029 of

17 block group 2 of tract 68.16; and blocks 1001, 1002, 1003, 1005, 1006,

18 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,

19 1018, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031,


21 tract 68.54.

22 (II) Jefferson county: Tracts 100 and 101; blocks 1019 and 1021

23 of block group 1 of tract 105.03; blocks 1003 and 1004 of block group 1,

24 blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, and

25 2010 of block group 2, block group 3, and blocks 4000, 4001, 4009,

26 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4027, 4028, 4029, 4030,

27 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, and 4039 of block

-19- DRAFT

DRAFT10.5.16

1 group 4 of tract 105.04; blocks 3008, 3009, 3010, 3012, 3015, 3021,

2 3024, and 3025 of block group 3 of tract 107.02; tracts 108.01, 108.03,

3 108.04, 109.01, 109.02, 110, 111, 112.01, 112.02, 113, 114, 115.50,

4 116.01, 116.02, 117.01, 117.02, 117.08, 117.09, 117.10, 117.11, 117.12,

5 117.20, 117.21, 117.22, 117.23, 117.24, 117.25, 117.26, 117.27, 117.28,

6 117.29, 117.30, 117.31, 118.01, 118.03, and 118.04; block group 1 and

7 blocks 2000, 2001, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,

8 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023 of

9 block group 2 of tract 119.04; tracts 119.51, 120.03, 120.22, 120.23,

10 120.24, 120.26, and 120.27; block group 1, block 2019 of block group 2,

11 and block groups 3 and 4 of tract 120.30; tracts 120.31, 120.32, 120.33,

12 120.34, 120.35, 120.36, 120.37, 120.38, 120.39, 120.40, 120.41, 120.42,

13 120.43, 120.44, 120.45, 120.46, 120.47, 120.48, 120.49, 120.50, 120.51,

14 120.52, 120.53, 120.54, 120.55, 120.56, 120.57, and 120.58; blocks 2011,

15 2012, 2014, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030,

16 2031, 2032, 2033, 2034, 2035, 2036, and 2037 of block group 2, blocks

17 3034, 3035, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, and 3045

18 of block group 3, and blocks 4003, 4004, 4005, 4006, 4007, 4008, 4009,

19 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020,

20 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4034, 4035, 4036,

21 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047,

22 4062, 4063, 4064, 4065, and 4066 of block group 4 of tract 98.05; block

23 group 1, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,

24 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,

25 2024, 2025, 2028, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037,

26 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048,

27 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059,

-20- DRAFT

DRAFT10.5.16

1 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070,

2 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081,

3 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092,

4 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103,

5 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2113, 2114, and

6 2115 of block group 2 of tract 98.06; tract 98.07; block group 1, blocks

7 2098, 2099, and 2100 of block group 2, and blocks 4015, 4016, 4017,

8 4018, 4019, 4020, 4021, and 4022 of block group 4 of tract 98.08; block

9 group 1 and block 2038 of block group 2 of tract 98.42; block groups 1

10 and 2, blocks 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013,

11 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024,

12 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035,

13 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046,

14 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057,

15 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068,

16 3069, 3070, and 3071 of block group 3, and blocks 4009, 4010, 4011,

17 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022,

18 4023, 4024, 4025, 4026, 4029, 4030, 4031, 4032, 4033, 4034, 4035,

19 4037, 4038, and 4039 of block group 4 of tract 98.43; blocks 1046 and

20 1047 of block group 1 and block groups 2, 3, 4, 5, and 6 of tract 98.44;

21 tract 98.45; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,

22 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1019,

23 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, and 1028 of block

24 group 1 and block groups 2, 3, and 4 of tract 98.46; tract 98.47; block

25 group 3 of tract 98.48; and tract 99.

26 (g) The seventh congressional district shall consist of the county

27 of Elbert and the following portions of the following counties:

-21- DRAFT

DRAFT10.5.16

1 (I) Adams county: Tracts 78, 79, 80, 81, 82, and 83.08; blocks

2 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,

3 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,

4 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034,

5 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045,

6 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056,

7 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, and 1066 of

8 block group 1 and block groups 2 and 3 of tract 83.09; tracts 83.53, 83.85,

9 84.01, and 84.02; and blocks 1000, 1001, 1002, 1003, 1004, 1008, 1023,

10 1028, 1029, 1030, 1031, 1032, 1039, 1040, 1042, 1043, 1044, 1045,

11 1048, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059,

12 1060, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079,

13 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090,

14 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101,

15 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112,

16 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1123, 1124,

17 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135,

18 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146,

19 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157,

20 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168,

21 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179,

22 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190,

23 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201,

24 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212,

25 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223,

26 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234,

27 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245,

-22- DRAFT

DRAFT10.5.16

1 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256,


3 85.12; blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,

4 1009, 1010, 1011, 1012, 1013, 1014, 1017, 1018, 1019, 1020, 1021,

5 1022, 1023, 1036, 1037, 1038, 1039, 1044, 1047, 1048, 1049, 1050,

6 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1064,

7 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075,

8 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086,

9 1087, 1088, 1089, 1090, 1091, 1093, 1097, 1098, 1099, 1102, 1103,

10 1109, 1110, 1111, 1112, 1113, 1121, 1122, 1123, 1124, 1125, 1126,

11 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137,

12 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148,

13 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159,


15 tract 85.23; block 5028 of block group 5 of tract 85.31; tracts 87.01,

16 87.03, 87.05, 87.06, and 88.01; block groups 1 and 2, blocks 3000, 3001,

17 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012,

18 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023,

19 3024, 3025, 3026, 3029, 3031, 3032, 3033, 3034, 3035, 3036, 3037,

20 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048,

21 3049, 3052, 3053, 3054, 3055, 3056, 3058, 3059, 3060, 3061, 3062,

22 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073,

23 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3082, 3083, 3084, 3085,

24 3086, 3087, 3088, 3093, and 3094 of block group 3, and block group 4 of

25 tract 88.02; tracts 89.01 and 89.52; block 2006 of block group 2 of tract

26 91.03; blocks 3011, 3012, 3013, 3025, 3026, 3027, 3028, 3029, 3030,


-23- DRAFT

DRAFT10.5.16

1 95.02; blocks 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033,

2 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044,

3 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055,

4 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066,

5 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, and

6 2078 of block group 2 of tract 95.53; blocks 2011 and 2012 of block

7 group 2 of tract 96.06; blocks 1001, 1004, 1005, 1006, 1007, 1008, 1009,

8 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, and 1019 of

9 block group 1 and block group 2 of tract 96.08; and tract 97.50.

10 (II) Arapahoe county: Blocks 1004, 1005, 1006, 1008, 1009, and

11 1016 of block group 1, blocks 2000, 2001, 2002, 2003, 2004, 2009, 2010,

12 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020 of

13 block group 2, and blocks 3000, 3001, 3002, 3003, 3004, 3022, 3023,


15 1021, 1022, and 1023 of block group 1 and block groups 3, 4, and 5 of

16 tract 56.13; block groups 1 and 2 and blocks 3000, 3001, 3002, 3003,

17 3004, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015,

18 3016, 3017, and 3018 of block group 3 of tract 56.14; blocks 1000, 1001,

19 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1010, 1011, 1012, 1013, and


21 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,

22 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, and


24 56.30, and 56.31; and blocks 2000, 2001, 2002, 2003, 2004, 2005, 2013,

25 2014, 2015, 2016, 2017, 2019, 2028, 2029, 2030, 2031, and 2032 of

26 block group 2 of tract 56.32; tract 67.06; block group 1, blocks 4007,

27 4008, 4009, 4014, 4015, and 4016 of block group 4, and block group 5 of

-24- DRAFT

DRAFT10.5.16

1 tract 67.07; tracts 67.08 and 67.09; blocks 1012, 1013, 1014, and 1015 of

2 block group 1 of tract 67.10; block group 1, blocks 2000, 2001, 2002,

3 2003, 2004, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,

4 2015, 2016, 2017, 2018, 2019, and 2020 of block group 2, and block

5 groups 3 and 4 of tract 67.11; blocks 1001, 1002, 1003, 1004, 1005, 1006,

6 1007, 1008, 1009, 1010, and 1011 of block group 1, block group 2, and

7 blocks 3000, 3001, 3002, 3003, 3018, 3019, 3020, 3021, 3022, and 3023

8 of block group 3 of tract 68.15; blocks 1001, 1002, 1003, 1004, 1005,

9 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,

10 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1026, 1027, 1028,

11 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039,

12 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050,

13 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061,

14 1062, 1063, 1064, 1998, and 1999 of block group 1, blocks 2000, 2001,

15 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,

16 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023,

17 2024, 2025, 2026, 2027, 2028, 2030, 2031, 2032, 2033, 2034, 2035,

18 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046,

19 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057,

20 2058, and 2059 of block group 2, and block group 3 of tract 68.16; blocks

21 1000, 1004, 1019, 1020, 1021, 1040, 1041, 1042, 1043, and 1999 of

22 block group 1 of tract 68.54; tracts 70.03, 70.07, 70.08, 70.17, 70.18,

23 70.19, 70.20, 70.21, 70.22, 70.27, 70.28, 70.33, 70.35, 70.38, 70.39,

24 70.40, 70.41, 70.43, 70.45, 70.46, 70.47, 70.48, 70.52, and 70.53; blocks

25 2000 and 2001 of block group 2 of tract 70.54; tract 70.58; blocks 1000,

26 1004, 1005, 1009, and 1010 of block group 1 and blocks 2000, 2001,

27 2002, 2003, and 2004 of block group 2 of tract 70.60; tracts 70.61, 70.62,

-25- DRAFT

DRAFT10.5.16

1 70.63, 70.64, 70.65, 70.66, 70.67, 70.68, 70.69, 70.70, 70.71, 70.72,

2 70.73, 70.74, 70.75, 70.76, 70.77, 70.78, 70.79, 70.80, 70.81, 70.82,

3 70.83, 70.84, 70.85, 70.86, 70.87, 71.01, and 71.02; block groups 1 and

4 2 of tract 73; block 2006 of block group 2 of tract 74; tracts 75, 76, and

5 77.02; and blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,

6 1009, 1010, 1011, 1012, 1013, and 1015 of block group 1 of tract 77.03.

7 (III) Jefferson county: Tracts 102.05, 102.06, 102.08, 102.09,

8 102.10, 102.11, 102.12, 102.13, 103.03, 103.04, 103.05, 103.06, 103.07,

9 103.08, 104.02, 104.03, 104.05, 104.06, and 105.02; blocks 1000, 1001,

10 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,

11 1013, 1014, 1015, 1016, 1017, 1018, and 1020 of block group 1 and

12 block groups 2 and 3 of tract 105.03; blocks 1000, 1001, 1002, 1005,

13 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,

14 1017, 1018, 1019, 1020, 1021, and 1022 of block group 1, blocks 2011

15 and 2012 of block group 2, and blocks 4002, 4003, 4004, 4005, 4006,

16 4007, 4008, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4025, and

17 4026 of block group 4 of tract 105.04; tracts 106.03, 106.04, and 107.01;

18 block groups 1 and 2 and blocks 3000, 3001, 3002, 3003, 3004, 3005,

19 3006, 3007, 3011, 3013, 3014, 3016, 3017, 3018, 3019, 3020, 3022, and

20 3023 of block group 3 of tract 107.02; block group 1, blocks 2000, 2001,

21 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2015,

22 2016, 2017, 2018, 2019, 2020, and 2021 of block group 2, blocks 3000,

23 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011,

24 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022,

25 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033,

26 3036, 3046, 3996, 3997, 3998, and 3999 of block group 3, and blocks

27 4000, 4001, 4002, 4029, 4030, 4031, 4032, 4033, 4048, 4049, 4050,

-26- DRAFT

DRAFT10.5.16

1 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061,

2 4067, and 4068 of block group 4 of tract 98.05; blocks 2020, 2021, 2022,


4 2001, 2002, 2003, 2004, 2031, 2032, 2033, 2034, 2035, 2038, 2039,

5 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050,

6 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061,

7 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072,

8 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083,

9 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2102, 2103, 2106,

10 2107, 2108, 2109, 2998, and 2999 of block group 2 of tract 98.08; tract

11 98.15; blocks 1011, 1012, 1013, 1015, 1018, 1019, 1020, 1021, 1022,

12 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033,

13 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044,

14 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055,

15 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1998, and


17 2010, 2013, 2014, 2015, 2022, 2028, 2029, 2030, 2031, 2035, 2036,

18 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047,

19 2048, 2049, 2050, 2051, 2052, 2057, 2058, 2059, 2060, 2061, 2062,

20 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073,

21 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084,

22 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2094, 2095, 2096, 2097,

23 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2109,

24 2111, 2112, 2113, 2115, 2116, and 2117 of block group 2, and block

25 group 3 of tract 98.22; tracts 98.23 and 98.24; block groups 2 and 3 of

26 tract 98.25; blocks 1006 and 1014 of block group 1, blocks 2000, 2001,

27 2002, 2003, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and

-27- DRAFT

DRAFT10.5.16

1 2019 of block group 2, and block groups 3 and 4 of tract 98.26; tracts

2 98.27, 98.28, 98.29, 98.30, 98.31, 98.32, 98.33, 98.34, 98.35, 98.36,

3 98.37, 98.38, 98.39, 98.40, and 98.41; blocks 2000, 2001, 2002, 2003,

4 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,

5 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025,

6 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, and

7 2037 of block group 2 of tract 98.42; and blocks 3000, 3001, 3002, 3003,

8 and 3004 of block group 3, and blocks 4000, 4001, 4002, 4003, 4004,

9 4005, 4006, 4007, 4008, 4027, 4028, 4036, 4040, 4041, 4042, 4043, and

10 4999 of block group 4 of tract 98.43.

11 (2) The general assembly recognizes that the city and county of

12 Broomfield was created after the most recent federal census was

13 conducted; consequently, for the purposes of this section, the definition

14 of areas to be included in each congressional district is by reference to

15 counties and to official census tracts, census block groups, and census

16 blocks created by the United States bureau of the census to which fixed

17 population counts have been assigned as of the year 2000.

18 (3) If any area of this state is omitted from the provisions of this

19 section, inadvertently or by virtue of the complexities of the information

20 supplied to the general assembly, the secretary of state, upon discovery of

21 such omission, shall attach such area to the appropriate congressional

22 district as follows:

23 (a) If the area is surrounded by a congressional district, the area

24 shall be attached to such district.

25 (b) If the area is contiguous to two or more congressional districts,

26 the area shall be attached to the district that has the least population

27 according to the last preceding national census of the United States

-28- DRAFT

DRAFT10.5.16

1 bureau of the census.

2 (4) If any area of this state is included in two or more

3 congressional districts established by this section, inadvertently or by



6 detach such area from the congressional district or districts having the

7 largest population and shall designate such area as being included in the

8 congressional district having the least population; except that, if such area

9 is wholly surrounded by a district and by inadvertence is also included in

10 another congressional district, the secretary of state shall designate such

11 area as included in the district wholly surrounding such area, regardless

12 of population.

13 (5) (a) (Deleted by amendment, L. 92, p. 603, § 3, effective March

14 24, 1992.)

15 (b) If any annexation occurring on or after May 9, 2003, changes

16 a county boundary that constitutes any portion of the boundary of a

17 congressional district defined by this article, no adjustment in the

18 boundaries of congressional districts shall be made, but the area annexed

19 shall constitute a separate general election precinct.


21 of subsection (3) or (4) of this section shall be certified in writing by and


23 such attachment or detachment until the congressional districts are again

24 reapportioned.

25 (7) The legislative council shall prepare and file with the secretary

26 of state copies of maps showing thereon each congressional district and

27 the population of each district according to the official census lines, maps,

-29- DRAFT

DRAFT10.5.16

1 and statistics as described in this section. In the event that there is a

2 conflict between the descriptions contained in subsection (1) of this

3 section and the boundaries shown on the maps filed with the secretary of

4 state, the descriptions contained in subsection (1) of this section shall

5 prevail. The legislative council shall retain on file in its office copies of

6 official census maps and population statistics.

7 (8) The provisions of this section shall apply to the general

8 election in 2004 and subsequent years until the congressional districts are

9 again reapportioned.

10 SECTION 2. In Colorado Revised Statutes, 2-1-102, amend (1)

11 introductory portion as follows:

12 2-1-102. Neutral criteria for judicial determinations of

13 congressional districts. (1) In determining whether one or more of the

14 congressional districts established in section 2-1-101 ACCORDANCE WITH

15 SECTION 44 OF ARTICLE V OF THE STATE CONSTITUTION are lawful and in

16 adopting or enforcing any change to any such district, courts:











-30- DRAFT





MEMORANDUM A1

TO: Statutory Revision Committee

FROM: Kate Meyer, Office of Legislative Legal Services

DATE: October 5, 2016

SUBJECT: Modernization of statutes relating to the Office of the State Auditor

Summary

Staff at the Office of the State Auditor (OSA) recently compiled a list of laws

concerning the OSA or the Legislative Audit Committee that could benefit from

updates, revisions, or repeals. In consultation with the OSA and the Revisor of

Statutes, some of those statutes are not appropriate for the Revisor's Bill but do appear

to fall within the charge of the Statutory Revision Committee (Committee). Those

provisions are presented herein.

These matters were submitted to the Revisor of Statutes, Jennifer Gilroy, by the State

Auditor, Dianne Ray, and Auditor Ray's staff. Revisor Gilroy then referred the matters

to Statutory Revision Committee staff.

1 This legal memorandum was prepared by the Office of Legislative Legal Services (OLLS) in the course

of its statutory duty to provide staff assistance to the Statutory Revision Committee (SRC). It does not

represent an official legal position of the OLLS, SRC, General Assembly, or the state of Colorado, and

is not binding on the members of the SRC. This memorandum is intended for use in the legislative

process and as information to assist the SRC in the performance of its legislative duties.

2

Analysis

1. Repeal obsolete bond registration requirement in § 30-26-101 (5), C.R.S.

Section 30-26-101, C.R.S., allows holders of warrants of counties with more than

$50,000 in floating indebtedness to exchange those warrants for county bonds, if such

exchange is approved by election. Subsection (5) of that section requires county bonds

so exchanged to be registered with the OSA:

30-26-101. Exchange of warrants for bonds - notice. (5) No bond

issued of less denomination than fifty dollars and, if issued for a greater

amount, for some multiple of that sum. Such bonds shall bear interest at a

such that the net effective interest rate of the issue of bonds does not

maximum net effective interest rate authorized, the interest to be paid sem-

iannually at the office of the county treasurer or at the city of New York, at

the option of the holders thereof, upon the production of the proper cou-

pons for the same, such bonds to be payable at the pleasure of the county

after ten years from the date of their issuance, but absolutely due and paya-

ble twenty years after the date of issue. The whole amount of bonds issued

under this part 1 shall not exceed the sum of the county indebtedness at the

date of the first publication of the notice submitting the question of fund-

ing the county indebtedness; and the amount shall be determined by the

board of county commissioners, and a certificate made of the same, and

made a part of the records of the county; and any bond issued in excess of

such sum shall be void. All bonds issued under the provisions of this part

1 shall be registered in the office of the state auditor, to whom a fee of

ten cents shall be paid for recording each bond; except that the state audi-

tor by rule or as otherwise provided by law may reduce the amount of the

fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the un-

committed reserves of the fund to which all or any portion of the fee is

credited. After the uncommitted reserves of the fund are sufficiently re-

duced, the state auditor by rule or as otherwise provided by law may in-

crease the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(Emphasis added)

The statute dates back to 1881. The OSA is not aware of any bonds having been

registered pursuant to this provision recently and believes the requirement can be

repealed. (Alternatively, the Committee may wish to consider whether another

registering official or entity would be more appropriate, or whether to raise the amount

of the current fee ($0.10) associated with registering each bond.)

3

2. Repeal past audit requirement relating to the enhanced emissions program.

Section 42-4-311 (6) (b), C.R.S., required the state Air Quality Control Commission to

determine, sometime around 2001, the maximum fee that could be assessed for

emissions inspections. The commission was to determine the fee based, in part, on an

audit of the program contractor conducted by the OSA:

42-4-311. Operation of inspection and readjustment stations - inspec-

tion-only facilities - fleet inspection stations - motor vehicle dealer test facil-

ities - enhanced inspection centers. (6) (b) During the two-year renewal of the

contract entered into pursuant to section 42-4-307 (10), the commission shall

hold a hearing to determine the maximum fee that may be charged pursuant to

the contract for inspections during any subsequent renewal term. Such maxi-

mum fee shall be based on estimated actual operating costs during the life of

the contract, determined pursuant to the proceeding and an audit conducted

by the office of the state auditor on the contractor, plus a percentage to be de-

termined by the commission, not to exceed ten percent and not to exceed twen-

ty-five dollars. (Emphases added)

Because the period of time specified in subsection (6) (b) has passed, the subsection is

obsolete and ripe for repeal.

3. Rectify statutory impossibility pertaining to the timing of performance audits of

public highway authorities.

The Legislative Audit Committee (LAC) has the discretion to direct the State Auditor

to conduct a performance audit of any public highway authority; except that the LAC

may not do so in any year during which the interim Transportation Legislation Review

Committee (TLRC) meets.

2-3-121. Performance audits of public highway authorities. At the dis-

cretion of the legislative audit committee, the state auditor shall conduct or

cause to be conducted a performance audit of any public highway authority

created and operating pursuant to part 5 of article 4 of title 43, C.R.S.; except

that the legislative audit committee may not require the state auditor to con-

duct such a performance audit during any year in which the transportation

legislation review committee created in section 43-2-145 (1), C.R.S., is re-

quired or authorized to meet. The state auditor shall prepare a report and rec-

ommendations on each audit conducted and shall present the report and rec-

ommendations to the committee. The state auditor shall pay the costs of any

audit conducted pursuant to this section. (Emphasis added)

The TLRC, however, is statutorily required to meet at least once per year, rendering the

LAC's ability to require such an audit null.

4

43-2-145. Transportation legislation review - committee.

(1) (b) The committee shall meet at least once each year to review trans-

portation, traffic, and motor vehicle legislation and may consult with ex-

perts in the fields of traffic regulation, the licensing of drivers, the registra-

tion and titling of motor vehicles, and highway construction and planning

and may consult with the personnel of the department of transportation or

the department of revenue as may be necessary; except that the committee

shall not meet during the 2010 interim. All personnel of the department of

transportation, department of revenue, or any state agency or political sub-

division of Colorado that regulates motor vehicles or traffic shall cooperate

with the committee and with any persons assisting the committee in carry-

ing out its duties pursuant to this section. The committee may review any

phase of department of transportation operations, including planning and

construction of highway projects, prior to and during the completion of

such projects. (Emphasis added)

4. Repeal requirements for copies of certain accountings and receipts to be

provided to certain state officials.

Section 24-35-106, C.R.S., requires the executive director of the Department of

Revenue (DOR) to account monthly to the state treasurer regarding working capital

retained by DOR. Copies of this accounting must also be provided to the governor and

the state auditor. This law also requires the state treasurer to provide copies of receipts

for moneys received from the executive director of DOR to the state auditor (in

addition to providing one copy to the executive director and retaining one copy for his

or her files).

24-35-106. Deposits by executive director - working capital. The ex-

ecutive director of the department of revenue, before the close of each

business day, shall deposit with the state treasurer all sums of money col-

lected by the department of revenue. The executive director may retain for

the use of the department of revenue a working capital account in such

reasonable amount as may be determined by the executive director and the

state treasurer. In the event of disagreement or dispute between them as to

the amount of working capital, the question of the reasonable amount of

working capital shall be submitted for determination to the governor,

whose decision shall be final. The executive director shall account to the

state treasurer on or before the first day of each month for the working cap-

ital of the department of revenue thus retained, and one copy of such ac-

counting shall be delivered to the governor, one copy to the state treasur-

er, and one copy to the state auditor. The state treasurer, upon receipt of

any moneys from the executive director, shall give his receipt therefor, exe-

cute the same in triplicate, and deliver one copy of such receipt to the

5

executive director, one copy to the state auditor, and shall retain the third

copy thereof in his files. (Emphases added)

Section 24-35-106, C.R.S., was created in 1941. OSA is not aware of having received

these accounting and receipt copies. At a minimum, it would appear that the

requirement to supply the OSA with these records can be repealed as obsolete.

Preliminary feedback from the Treasurer's Office and the Department of Revenue

indicates that the provisions of this law pertaining to retention of working capital (and,

consequently, reporting on the same) are not currently being utilized and may be

obsolete provisions. The Office of Legislative Legal Services (OLLS) staff would like

to confer with the Treasurer's Office, the Governor's Office, and DOR regarding how

this section can be otherwise modernized.

Statutory Charge2

Modernizing the laws pertaining to the OSA would bring the law of this state into

harmony with modern conditions.

Proposed Bill

If the Committee requests a bill draft concerning these issues, OLLS has determined

that a bill draft that addresses the relocation, such legislation could be handled as

follows:

1. Repeal the last two sentences of § 30-26-101 (5), C.R.S.;

2. Repeal subsection (6) (b) of § 42-4-311, C.R.S.;

3. Repeal or modify the § 2-3-121, C.R.S., exception to the LAC's ability to require

a performance audit of public highway authorities; and

4. Repeal the § 24-35-106, C.R.S., requirements to provide the OSA with copies of

monthly working capital accountings and receipts for moneys received and,

2 The Statutory Revision Committee is charged with "[making] an ongoing examination of the

statutes of the state and current judicial decisions for the purpose of discovering defects and

anachronisms in the law and recommending needed reforms" and recommending "legislation annually

to effect such changes in the law as it deems necessary in order to modify or eliminate antiquated,

redundant, or contradictory rules of law and to bring the law of this state into harmony with modern

conditions". Section 2-3-902 (1), C.R.S. In addition, the Committee "shall propose legislation only to

streamline, reduce, or repeal provisions of the Colorado Revised Statutes." Section 2-3-902 (3), C.R.S.

6

pending feedback from the other affected entities, otherwise modernize this

statute to bring the law into harmony with modern conditions.

7

ADDENDUM A

30-26-101. Exchange of warrants for bonds - notice. (1) It is the duty

of the board of county commissioners of any county having a floating indebt-

edness exceeding five thousand dollars, upon the petition of fifty registered

qualified electors of said county, to publish for the period of thirty days, in a

newspaper published within said county, a notice requesting the holders of the

warrants of such county to submit, in writing, to the board of county commis-

sioners of said county, within sixty days from the date of the first publication

of such notice, a statement of the amount of warrants of such county which

they will exchange for the bonds of such county, to be issued under the provi-

sions of this part 1, and the rate at which they will exchange such warrants for

such bonds, taking such bonds at par. In case no newspaper is published within

such county, such notice may be published in such newspaper published in the

city of Denver as the board of county commissioners may select.

(2) It is the duty of such board of county commissioners, upon the petition

of fifty of the registered qualified electors of such county, to publish, for the pe-

riod of at least thirty days immediately preceding a general election, in some

newspaper published within such county a notice that at said general election

there will be submitted the question whether the board of county commission-

ers shall issue bonds of such county under the provisions of this part 1 in ex-

change, at a certain rate, for the warrants of such county issued prior to the

date of the first publication of the notice, which rate shall be determined by the

board of county commissioners, and it shall be stated in said notice. The ques-

tion of whether such county indebtedness shall be funded under the provisions

of this part 1 and the maximum net effective interest rate such funding bonds

shall bear shall be submitted at the next ensuing general election or may be

submitted at a special election which said board is empowered to call for that

purpose, at any time after the expiration of sixty days from the date of the first

publication of the notice, on the petition of fifty registered qualified electors.

Said board shall publish, for the period of at least thirty days immediately pre-

ceding such special election, in some newspaper published within such county

a notice that such question will be submitted at such election. In case no news-

paper is published within such county, the board of county commissioners

shall cause such notice to be posted in at least two conspicuous places in each

of the election precincts of such county, at least thirty days prior to the said

election, general or special. Such election shall be held and the results thereof

determined in the same manner as provided for authorization of other bonded

indebtedness in accordance with part 3 of this article.

(3) The county clerk and recorder of such county shall make out and cause

to be delivered to the judges of election in each election precinct in the county,

prior to the election, a certified list of the registered qualified electors in such

8

county; and no person shall vote upon the question of the funding of the

county indebtedness unless he has the necessary qualifications as provided

by law.

(4) If the issuance of said bonds is approved at such election, the board

of county commissioners may issue to any person or corporation holding

any county warrant issued prior to the date of the first publication of the

notice coupon bonds of such county in exchange therefor at a rate not ex-

ceeding that named in the notice published by the board of county com-

missioners. Should any of the bonds so voted be not exchanged for county

warrants, as provided in this part 1, the board of county commissioners

may sell the bonds so voted at, above, or below their par values and with

the proceeds of such sale redeem or buy the warrants not so exchanged,

subject to the provisions of this part 1, but the proceeds of such sale of

bonds shall be applied to the purchase or redemption of such warrants and

for no other purpose whatever.

(5) No bond shall be issued of less denomination than fifty dollars and,

if issued for a greater amount, for some multiple of that sum. Such bonds

shall bear interest at a rate such that the net effective interest rate of the is-

sue of bonds does not exceed the maximum net effective interest rate au-

thorized, the interest to be paid semiannually at the office of the county

treasurer or at the city of New York, at the option of the holders thereof,

upon the production of the proper coupons for the same, such bonds to be

payable at the pleasure of the county after ten years from the date of their

issuance, but absolutely due and payable twenty years after the date of is-

sue. The whole amount of bonds issued under this part 1 shall not exceed

the sum of the county indebtedness at the date of the first publication of

the notice submitting the question of funding the county indebtedness; and

the amount shall be determined by the board of county commissioners,

and a certificate made of the same, and made a part of the records of the

county; and any bond issued in excess of such sum shall be void. All bonds

issued under the provisions of this part 1 shall be registered in the office of

the state auditor, to whom a fee of ten cents shall be paid for recording

each bond; except that the state auditor by rule or as otherwise provided by

law may reduce the amount of the fee if necessary pursuant to section 24-

75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to

which all or any portion of the fee is credited. After the uncommitted re-

serves of the fund are sufficiently reduced, the state auditor by rule or as

otherwise provided by law may increase the amount of the fee as provided

in section 24-75-402 (4), C.R.S.

9

ADDENDUM B

42-4-311. Operation of inspection and readjustment stations - inspec-

tion-only facilities - fleet inspection stations - motor vehicle dealer test facilities

- enhanced inspection centers. (1) (a) No inspection and readjustment station

license, inspection-only facility license, fleet inspection station license, motor

vehicle dealer test facility license, or enhanced inspection center contract may

be assigned or transferred or used at any other than the station, facility, or cen-

ter therein designated, and every such license or authorization for an enhanced

inspection center shall be posted in a conspicuous place at the facility designat-

ed.

(b) Beginning January 1, 1995, no emissions inspector license or au-

thorization shall be assigned or transferred except to a licensed inspection-only

facility, fleet inspection station, or enhanced inspection center.

(c) No emissions inspector or emissions mechanic license or authoriza-

tion may be assigned or transferred, nor shall the inspection and adjustment be

made by such emissions inspector or emissions mechanic except at a licensed

inspection and readjustment station, inspection-only facility, fleet inspection

station, or motor vehicle dealer test facility or authorized enhanced inspection

center.

(2) A licensed inspection and readjustment station, inspection-only fa-

cility, fleet inspection station, motor vehicle dealer test facility, or authorized

enhanced inspection center shall not issue a certification of emissions control

to a motor vehicle except upon forms prescribed by the executive director. Such

station, facility, or center shall not issue a certification of emissions compliance

or emission waiver unless the licensed or authorized emissions inspector or

emissions mechanic performing the inspection determines that:

(a) The exhaust gas and, if applicable, evaporative emissions from the

motor vehicle comply with the applicable emissions standards and there is no

evidence of emissions system tampering nor visible smoke, in which case a cer-

tification of emissions compliance shall be issued;

(b) The exhaust gas and, if applicable, evaporative emissions from the

motor vehicle do not comply with the applicable emissions standards after the

adjustments and repairs required by section 42-4-306 have been performed and

there is no evidence of emissions system tampering or visible smoke, in which

case a certification of emissions waiver shall be issued. A fleet emission inspec-

tor shall not issue a certification of emissions waiver within the enhanced pro-

gram area.

(3) (a) (I) A verification of emissions test shall be issued to a motor ve-

hicle by a licensed inspection and readjustment station, inspection-only facility,

fleet inspection station, or motor vehicle dealer test facility or authorized en-

hanced inspection center at the time such vehicle is issued a certification of

emissions control.

10

(II) Except as required by section 42-12-404, no verification of

emissions test is required to be issued to or required for any motor vehicle

that is registered as a collector's item under section 42-12-401.

(III) (A) Repealed.

(B) Commencing July 1, 2001, every inspection and readjustment

station, fleet inspection station, and inspection-only facility shall monthly

transmit to the department the sum of twenty-five cents per motor vehicle

inspection performed by such entity pursuant to this part 3 if the motor ve-

hicle passes such inspection or is granted a waiver. No refund or credit shall

be allowed for any unused verification of emissions test forms.

(C) The contractor shall monthly transmit to the department the

sum of twenty-five cents per motor vehicle inspection performed by the

contractor pursuant to this part 3 if the motor vehicle passes such inspec-

tion or is granted a waiver. No refund or credit shall be allowed for any un-

used verification of emissions test forms.

(b) The moneys collected by the department from the sale of veri-

fication forms shall be transmitted to the state treasurer, who shall credit

such moneys to the AIR account, which account is created within the

highway users tax fund. Moneys from the AIR account, upon appropria-

tion by the general assembly, shall be expended only to pay the costs of

administration and enforcement of the automobile inspection and read-

justment program by the department and the department of public health

and environment.

(4) (a) (I) A licensed inspection and readjustment station, inspec-

tion-only facility, or motor vehicle dealer test facility shall charge a fee not

to exceed fifteen dollars for the inspection of vehicles, model year 1981 and

older, at facilities licensed or authorized within either the basic or enhanced

emissions program; except that for 1982 model and newer vehicles a test

facility may charge a fee not to exceed twenty-five dollars.

(II) In no case shall any such fee exceed the maximum fee estab-

lished by and posted by the station or facility pursuant to section 42-4-305

(5) for the inspection of any motor vehicle required to be inspected under

section 42-4-310.

(b) A licensed emissions inspection and readjustment station shall

charge a fee for performing the adjustments or repairs required for issuance

of a certification of emissions waiver not to exceed the maximum charge

established in section 42-4-310 and posted by the station pursuant to sec-

tion 42-4-305.

(5) The fee charged in paragraph (a) of subsection (4) or subsection

(6) of this section will be charged to all nonresident vehicle owners subject

to the inspection requirement of section 42-4-310 and depending on the

county of operation.

11

(6) (a) The fee charged for enhanced emissions inspections performed

within the enhanced emissions program area on 1982 and later motor vehicles

shall not be any greater than that determined by the contract and in no case

greater than twenty-five dollars. The fee charged for clean screen inspections

performed on vehicles registered in the basic area shall not be any greater than

that determined by the contract and in no case greater than fifteen dollars. Such

fee shall not exceed the maximum fee required to be posted by the enhanced

inspection center pursuant to section 42-4-305 for the inspection of any motor

vehicle required to be inspected under section 42-4-310.

(b) During the two-year renewal of the contract entered into pursuant

to section 42-4-307 (10), the commission shall hold a hearing to determine the

maximum fee that may be charged pursuant to the contract for inspections dur-

ing any subsequent renewal term. Such maximum fee shall be based on esti-

mated actual operating costs during the life of the contract, determined pursu-

ant to the proceeding and an audit conducted by the office of the state auditor

on the contractor, plus a percentage to be determined by the commission, not

to exceed ten percent and not to exceed twenty-five dollars.

(c) Repealed.

(7) At least one free reinspection shall be provided for those vehicles

initially failed at the inspection and readjustment station, inspection-only facili-

ty, or enhanced inspection center which conducted the initial inspection, within

ten calendar days of such initial inspection.




Tel: 303-866-2045 Fax: 303-866-4157

Email: [email protected]

MEMORANDUM B1




SUBJECT: Removing out-of-date references to the "American National Standard for

Buildings and Facilities Providing Accessibility and Usability for

Physically Handicapped People" in article 5 of title 9, C.R.S.

Summary

With regard to construction of accessible housing, current statutes reference a standard

promulgated by the American National Standards Institute (ANSI) in 1998. However,

the references to this standard are out-of-date, as a more current version of the

standard exists.

This matter was brought to the Statutory Revision Committee staff's attention by staff

for the Capitol Development Committee, which was notified of the issue by former

state Representative Cheri Gerou, current Manager of the State Buildings Program in

the Office of the State Architect.

Analysis

Article 5 of title 9, C.R.S.,2 sets forth standards for accessible housing for "all buildings

and facilities used for housing that are constructed in whole or in part by the use of

1 This legal memorandum is made by the Office of Legislative Legal Services (OLLS), a staff agency of

the General Assembly, in the course of its statutory duty to provide staff assistance to the Statutory

Revision Committee. OLLS legal memoranda do not represent an official legal position of the General

Assembly or the state of Colorado and do not bind the members of the General Assembly. They are

intended for use in the legislative process and as information to assist the members in the performance

of their legislative duties.

2

state, county, or municipal funds or the funds of any political subdivision of the state

or that are constructed with private funds"3 in order to "provide accessibility standards

for residential projects designed to serve persons with nonambulatory disabilities,

semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of

incoordination, and aging."4

In setting forth those standards, article 5 of title 9, C.R.S., makes several references to

"ANSI A117.1-1998", defined thusly:

9-5-101. Definitions. As used in this article, unless the context oth-

erwise requires:

(3) "ANSI A117.1-1998" means the 1998 version of the "American

National Standard for Buildings and Facilities Providing Accessibility and Us-

ability for Physically Handicapped People", promulgated by the American na-

tional standards institute.

The 1998 version of this standard, however, has been replaced by more recent

incarnations, resulting in laws that are out-of-date. Because it is unlikely that the

General Assembly intended to associate, in perpetuity, accessible building design with

the 1998 standard, article 5 of title 9, C.R.S., is merely in need of updating.

Statutory Charge5

Updating the statutory references to currently applicable ANSI standards would

eliminate antiquated rules of law and bring the law of this state into harmony with

modern conditions.

2 Article 5 of title 9, C.R.S., is attached in its entirety as Addendum A to this memorandum. References

to ANSI A117.1-1998 have been highlighted.

3 Section 9-5-103 (1), C.R.S.

4 Section 9-5-102 (1), C.R.S.








3

Proposed Bill

If the Statutory Revision Committee desires the Office of Legislative Legal Services to

prepare a bill draft that updates the citation to ANSI A117.1, such draft could replace

the references to the 1998 version of the standard with references to the standard that

is "currently approved for use by the Office of the State Architect".

Alternatively, the laws could be modified to refer to any "successor standard" or any

version of A117.1 "as amended".

Any of these potential approaches will obviate the need to revisit these statutes for

similar future corrective legislation every time a new version is adopted by the ANSI.

4

ADDENDUM A

TITLE 9

Article 5

Standards for Accessible Housing

9-5-101. Definitions. As used in this article, unless the context otherwise

requires:

(1) "Accessibility point" means a unit of value exchanged for different

levels of accessible dwelling types to satisfy the requirements for dwelling ac-

cessibility contained in this article.

(2) "Accessible route" means an interior or exterior circulation path

that complies with the provisions contained in "ANSI A117.1-1998".

(3) "ANSI A117.1-1998" means the 1998 version of the "American

National Standard for Buildings and Facilities Providing Accessibility and Us-

ability for Physically Handicapped People", promulgated by the American na-

tional standards institute.

(4) "Detached residence" means a one- or two-family residence that is

separated from adjacent dwellings by an unobstructed physical space. A one- or

two-family residence that is separated from an adjacent dwelling by a physical

space of less than three feet shall not be considered a detached residence.

(5) "Ground story level" means the lowest story in a dwelling unit con-

taining habitable rooms or areas with an accessible entrance located on an ac-

cessible route that contains living, sleeping, cooking, bathing, and toilet facili-

ties. For the purposes of this article, a basement shall not be considered the

ground story level if the finished basement floor is located more than four feet

below the exterior finished grade determined at any point along the exposed

periphery of the dwelling unit.

(6) "Project" means the total number of parcels and buildings in a de-

velopment planned or constructed by the same developer, builder, or entity on

one site or contiguous sites, and also includes all parcels and structures that are

parts of the same planned development application or agreement. The separa-

tion of contiguous individual buildings, units, lots, tracts, or parcels of land by

a property line or by a public or private road shall not create a separate project.

(7) "Property" means the site, parcels of land, plats, lots, tracts, indi-

vidual dwelling units, existing and proposed structures, and the built environ-

ment.

(8) "Residential dwelling unit" means any portion of a building that

contains living facilities, including a room or rooms in a facility that have

shared cooking, bathing, toilet, or laundry facilities such as dormitories, shel-

ters, assisted living facilities, and boarding homes. "Residential dwelling unit"

also means facilities that include provisions for sleeping, cooking, bathing, and

5

toilet facilities for one or more persons and are used for extended stays, such as

time-shares and extended-stay motels. "Residential dwelling unit" does not

mean a guest room in a motel or hotel.

(9) "Technically infeasible", in reference to a proposed alteration to a

building or facility, means that the proposed alteration is not implemented be-

cause:

(a) An existing structural condition or conditions make such alteration

labor- or cost-prohibitive;

(b) The building or facility is in strict compliance with minimum ac-

cessibility requirements for new construction and, due to existing physical or

site constraints, such alteration would negatively impact such compliance.

(10) "Type A dwelling unit" means a dwelling unit designed in accord-

ance with the provisions of ANSI A117.1-1998, section 1002.

(11) "Type A multistory dwelling unit" means a multiple story dwelling

unit with a ground story level designed in accordance with the provisions of

ANSI A117.1-1998, section 1002, and, if provided, accessible laundry facilities

on the ground story level.

(12) "Type B dwelling unit" means a dwelling unit with a ground floor

level designed in accordance with the provisions of ANSI A117.1-1998, section

1003.

(13) "Type B multistory dwelling unit" means a multiple-story dwelling

unit with a ground story level that is designed in accordance with the provi-

sions of ANSI A117.1-1998, section 1003, and, if provided, accessible laundry

facilities on the ground story level.

(14) "Type B visitable ground floor" means a multiple-story dwelling

unit with an accessible entrance and toilet facility designed in accordance with

the provisions of ANSI A117.1-1998, section 1003.

(15) "Undue hardship" means a substantial and unusual hardship that

is the direct result of unique physical site conditions such as topography or ge-

ology, or that is the direct result of other unique or special conditions encoun-

tered on a property, but that are not typically encountered in the jurisdiction in

which such property is located. Constraints, complications, or difficulties that

may arise by complying with these statutory standards for accessibility but that

do not constitute an undue hardship shall not serve to justify the granting of an

exception or variance.

9-5-102. Disabilities covered - purpose. (1) This article is intended

to provide accessibility standards for residential projects designed to serve per-

sons with nonambulatory disabilities, semiambulatory disabilities, sight disabil-

ities, hearing disabilities, disabilities of incoordination, and aging.

(2) Design criteria. Design criteria shall comply with the 1998 version

of the "American National Standard for Buildings and Facilities Providing Ac-

cessibility and Usability for Physically Handicapped People", promulgated by

6

the American national standard institute, commonly cited as "ANSI A117.1-

1998".

9-5-103. Applicability of standards - enforcement. (1) The stand-

ards and specifications set forth in this article shall apply to all buildings and

facilities used for housing that are constructed in whole or in part by the use of

state, county, or municipal funds or the funds of any political subdivision of

the state or that are constructed with private funds. All such buildings and facil-

ities to be constructed from plans on which architectural drawings are started

after July 1, 1975, from any one of these funds or any combination thereof

shall conform to each of the standards and specifications prescribed in this ar-

ticle. The governmental unit responsible for the enforcement of this article shall

grant exceptions to or modify any particular standard or specification when it

is determined that it is impractical and would create an undue hardship. Any

such exception or modification of the provisions of this article shall be made in

writing as a matter of public record. These standards and specifications shall be

adhered to in those buildings and facilities that are constructed or proposed on

or after April 29, 2003. This article shall apply to permanent buildings.

(2) The jurisdiction with responsibility for enforcement of this article

pursuant to section 9-5-104 shall designate a board of appeals to hear and re-

solve appeals of orders, decisions, or determinations made by the enforcing

agency regarding the application and interpretation of this article.

(3) Any building or facility that would have been subject to the provi-

sions of this article but was under construction prior to July 1, 1976, shall

comply with the following:

(a) If the walls or defining boundaries of an element or space are al-

tered, then the altered element or space shall comply with the applicable provi-

sions of section 9-5-105, unless such alteration is technically infeasible. If full

compliance with this article is technically infeasible, compliance shall be im-

plemented up to the point of technical infeasibility. No alteration shall be un-

dertaken that negatively impacts accessibility of a building or facility pursuant

to ANSI A117.1-1998. This paragraph (a) shall not be construed to require the

moving of any existing walls not otherwise planned to be moved.

(b) Any additions to a building or facility shall be treated as new con-

struction for the purposes of enforcement of this article.

(4) The general assembly finds and declares that the standards and

specifications set forth in this article are of statewide concern. Nothing in this

article shall prohibit any municipality or other governmental subdivision from

making and enforcing standards and specifications that are more stringent, and

thus provide greater accessibility, than those set forth in this article.

9-5-104. Responsibility for enforcing standards. (1) The responsibil-

ity for enforcement of this article is as follows:

(a) For factory-built residential structures as defined in section 24-32-

3302 (10), C.R.S., the division of housing created in section 24-32-704, C.R.S.;

7

(b) In a political subdivision that does not have a local building code,

the division of housing created in section 24-32-704, C.R.S.;

(c) For all other housing or in a political subdivision that has adopted a

building code, by the building department, or its equivalent, of the political

subdivision having jurisdiction.

9-5-105. Exemptions for certain privately funded projects.

(1) Accessible dwelling units shall be provided as required in this article; ex-

cept that this article does not apply to privately funded projects for the con-

struction of a detached residence or residences or to other types of residential

property containing less than seven residential units.

Accessible dwelling unit type: Accessibility point value per dwelling unit:

Type A dwelling unit 6

Type A multistory dwelling unit 5

Type B dwelling unit 4

Type B multistory dwelling unit 3

Type B visitable ground floor 1

For the purpose of determining the number of accessibility points required

pursuant to subsection (2) of this section, the accessible dwelling unit types

shall have the following point values:

(2) Residential projects. (a) A project shall be assigned accessibility

points based on the number of units contained within the project as follows:

Number of units within

the project:

Accessibility points required:

0-6 0

7-14 6

15-28 12

29-42 18

43-57 24

8

(b) A project shall include enough accessible dwelling units to achieve

at least the specified number of accessibility points required pursuant to para-

graph (a) of this subsection (2). A project may use any combination of accessi-

ble dwelling unit types to comply with this section.

9-5-106. Implementation plan. The builder of any project regulated

by this article shall create an implementation plan that guarantees the timely

and evenly phased delivery of the required number of accessible units. Such

plan shall clearly specify the number and type of units required and the order

in which they are to be completed. Such implementation plan shall be subject

to approval by the entity with enforcement authority in such project's jurisdic-

tion. The implementation plan shall not be approved if more than thirty per-

cent of the project is intended to be completed without providing a portion of

accessible units required by section 9-5-105; except that, if an undue hardship

can be demonstrated, or other guarantees provided are deemed sufficient, the

jurisdiction having responsibility for enforcement may grant exceptions to this

requirement. The implementation plan shall be approved by the governmental

unit responsible for enforcement before a building permit is issued.

58-71 30

72-85 36

86-99 42

100-114 48

115-128 54

129-142 60

143-157 66

158-171 72

172-185 78

186-199 84

etc. +6 additional points every14 units or fraction thereof





MEMORANDUM C1




SUBJECT: Repeal of physical posting requirement of § 24-30-902 (9) (a), C.R.S.

Summary

Every May, a list of all outstanding warrants and checks to be paid by the state must be

posted in the offices of the state Treasurer and Controller. Because this practice is

considered outdated by those officials and the posting requirement is not currently

being complied with, it is recommended for repeal.

This matter was submitted to the Statutory Revision Committee's (Committee) staff by

the state Controller and the Department of Personnel (DPA).

Analysis

Current law requires a list of the previously completed fiscal year's uncashed checks

and warrants to be conspicuously posted in the offices of the state Treasurer and

Controller each May:

1 This legal memorandum is made by the Office of Legislative Legal Services (OLLS), a staff agency of

the General Assembly, in the course of its statutory duty to provide staff assistance to the Statutory

Revision Committee. OLLS legal memoranda do not represent an official legal position of the General

Assembly or the state of Colorado and do not bind the members of the General Assembly. They are

intended for use in the legislative process and as information to assist the members in the performance

of their legislative duties.

2

24-30-202. Procedures - vouchers, warrants, and checks - rules -

penalties. (9) (a) During the month of May of each year, a list of all warrants

and checks drawn and issued during the last completed fiscal year that have not then

been presented to the state treasurer for payment shall be posted in a conspicuous

place in the offices of the controller and the state treasurer. Such list shall recite the

number, date of issue, name of payee, and amount of each such warrant and check.

Every warrant and check so listed that shall remain unpaid on the last

working day in the month of June of each year shall be scheduled for can-

cellation as of said date and expunged from the records of the controller

and the state treasurer, and the amount thereof shall be credited to the gen-

eral fund or, if practicable, to the account to which originally charged; ex-

cept that the amount of any warrant or check drawn on the wildlife cash

fund created in section 33-1-112 (1), C.R.S., other than a warrant or check

refunding a license fee submitted as part of an unsuccessful limited license

application, shall be credited to said fund. (Emphasis added)2

Although this requirement has been in effect since 1973, it has not been strictly

complied with for some time. Instead, an electronic report is prepared and sent to state

agencies to review before warrants and checks are canceled. The Office of the

Controller provides that information to the public (generally, in electronic format) in

response to requests submitted under the "Colorado Open Records Act".3

Statutory Charge4

Posting hard copies of unpresented warrants and checks appears to be an archaic

practice. Updating or removing this requirement would modify or eliminate,

respectively, an antiquated rule of law.

2 Section 24-30-302 (9), C.R.S. is attached in its entirety as Addendum A to this memorandum.

3 Part 2 of article 72 of title 24, C.R.S.








3

Proposed Bill

If the Committee requests that the Office of Legislative Legal Services prepare a bill

draft, it is staff's understanding that the preference of the Controller and the DPA is

to simply repeal the annual posting requirement, because interested persons are able to

request that information on an as-needed, case-by-case basis, and for the time periods

of their choosing, by submitting a request pursuant to the "Colorado Open Records

Act".

Alternatively, the posting requirement could be made electronic instead, which would

maintain the requirement for a record to be produced listing the unpresented warrants

and checks. If the Committee prefers this approach, the state Treasurer and Controller

should be consulted as to timing of the electronic posting.

4

ADDENDUM A

24-30-202. Procedures - vouchers, warrants, and checks - rules -

penalties.

(9) (a) During the month of May of each year, a list of all warrants

and checks drawn and issued during the last completed fiscal year that have

not then been presented to the state treasurer for payment shall be posted in

a conspicuous place in the offices of the controller and the state treasurer.

Such list shall recite the number, date of issue, name of payee, and amount

of each such warrant and check. Every warrant and check so listed that

shall remain unpaid on the last working day in the month of June of each

year shall be scheduled for cancellation as of said date and expunged from

the records of the controller and the state treasurer, and the amount thereof

shall be credited to the general fund or, if practicable, to the account to

which originally charged; except that the amount of any warrant or check

drawn on the wildlife cash fund created in section 33-1-112 (1), C.R.S.,

other than a warrant or check refunding a license fee submitted as part of

an unsuccessful limited license application, shall be credited to said fund.

(b) If at any time thereafter application is made to the controller

for reissuance of any warrant or check that has been cancelled and ex-

punged from the records and it appears that the expenditure or claim that

the cancelled warrant or check represented is still valid and unpaid, the

controller shall issue a new warrant or check, and the amount thereof shall

be charged to the fund or account to which the amount of the cancelled

warrant or check was previously credited.

(c) In the event of any conflict between this subsection (9) and any

provision of the "Unclaimed Property Act", article 13 of title 38, C.R.S.,

the provisions of the "Unclaimed Property Act" shall control; except that

this subsection (9) shall control with regard to:

(I) A tax warrant or check;

(II) Repealed.

(III) That portion of a warrant or check representing moneys re-

ceived from the federal government;

(IV) A warrant or check drawn on the wildlife cash fund created in

section 33-1-112 (1), C.R.S., other than a warrant or check refunding a li-

cense fee submitted as part of an unsuccessful limited license application.

(d) Notwithstanding any provision of this subsection (9) to the

contrary, the provisions of this subsection (9) shall not apply to any warrant

or check drawn by an institution of higher education or by the Auraria

higher education center that is exempt from the state fiscal rules pursuant

to paragraph (b) of subsection (13) of this section.





MEMORANDUM D1


FROM: Kristen Forrestal, Office of Legislative Legal Services


SUBJECT: Definition of “minor” as applied to tobacco education funding and county

regulation of tobacco usage

Summary

This issue came to the attention of the Office of Legislative Legal Services’ staff

through a senior staff attorney’s review of recent legislation. The definitive statutes

that prohibit the sale of tobacco products to minors, § 18-13-121, C.R.S., and part 5 of

article 35 of title 24, C.R.S., define or reference the term “minor” as a person under

eighteen years of age. There are other sections in statute that refer to “minor” in

relation to tobacco products that do not define the term, therefore; the general

definition in § 2-4-401 that states that a minor is “any person who has not attained the

age of twenty-one years”, applies to these statutes.

Analysis

Section 18-13-121, C.R.S., prohibits a person from giving, selling, distributing,

dispensing, or offering for sale a cigarette, tobacco product, or nicotine product to any

person “who is under eighteen years of age”. Similarly, § 24-35-502 (5), C.R.S., defines






2

minor as “a person under eighteen years of age”. This definition applies to part 5 of

article 35 of title 24, C.R.S., which concerns the regulation of tobacco sales to minors.2

However, the following sections that refer to “minor” in relation to tobacco sales do

not define the term:

Section 24-22-117 (2)(c)(III)(B), C.R.S., in reference to the tobacco education

programs fund, includes a reference to enforcing laws relating to the sale of

tobacco products to minors:

24-22-117. Tobacco tax cash fund - accounts - creation - legislative declara-

tion. (2) There are hereby created in the state treasury the following funds:

(c) (III) For fiscal year 2005-06 and each fiscal year thereafter, moneys

in the tobacco education programs fund shall be annually appropriated by

the general assembly as follows:

(B) Up to three hundred fifty thousand dollars to the division of liquor

enforcement in the department of revenue for the purpose of enforcing

laws relating to the sale of tobacco to minors.

Section 25-3.5-805 (1)(i), C.R.S., relating to the tobacco education, prevention,

and cessation program, specifies where the money may be used for activities to

prevent the sale or furnishing by other means of cigarettes or tobacco products

to minors:

25-3.5-805. Tobacco education, prevention, and cessation programs

- requirements. (1) An entity that applies for a grant pursuant to the provi-

sions of this part 8 shall in the application demonstrate that the tobacco

education, prevention, or cessation program provides at least one of the fol-

lowing:

(i) Activities to prevent the sale or furnishing by other means of ciga-

rettes or tobacco products to minors; or

Section 30-15-401 (1.5), C.R.S., states that counties may adopt a resolution or

ordinance prohibiting minors from possessing cigarettes or tobacco products:

30-15-401. General regulations - definitions. (1.5) In addition to

any other powers, the board of county commissioners has the power to

adopt a resolution or an ordinance prohibiting minors from possessing cig-

arettes or tobacco products, as defined by section 39-28.5-101 (5), C.R.S.

2 See Addendum A for the text of these statutory sections.

3

Because these sections do not define “minor”, the term may be interpreted as

according to the general definition of minor in section 2-4-401, C.R.S., which reads as

follows:

2-4-401. Definitions. The following definitions apply to every statute,

unless the context otherwise requires:

(6) "Minor" means any person who has not attained the age of twenty-one

years. No construction of this subsection (6) shall supersede the express lan-

guage of any statute.

Statutory Charge3

Because there are three sections of existing law in relation to tobacco use that do not

define the term “minor”, they present a potential conflict with the existing laws that

specifically define “minor” as a person under eighteen years of age.

Proposed Bill

If the Statutory Revision Committee requests a bill draft concerning this issue, the

Office of Legislative Legal Services has determined that the draft bill would define the

term “minor” as “a person under eighteen years of age" in the three sections of law

where this term is not currently defined.

3 The Statutory Revision Committee is charged with "[making] an ongoing examination of the statutes

of the state and current judicial decisions for the purpose of discovering defects and anachronisms in the

law and recommending needed reforms" and recommending "legislation annually to effect such changes

in the law as it deems necessary in order to modify or eliminate antiquated, redundant, or contradictory

rules of law and to bring the law of this state into harmony with modern conditions". Section 2-3-902

(1), C.R.S. In addition, the Committee "shall propose legislation only to streamline, reduce, or repeal

provisions of the Colorado Revised Statutes." Section 2-3-902 (3), C.R.S.

4

ADDENDUM A

18-13-121. Furnishing cigarettes, tobacco products, or nicotine

products to minors. . (1) (a) A person shall not give, sell, distribute, dis-

pense, or offer for sale a cigarette, tobacco product, or nicotine product to

any person who is under eighteen years of age.

(b) Before giving, selling, distributing, dispensing, or offering to sell to

an individual any cigarette, tobacco product, or nicotine product, a person

shall request from the individual and examine a government-issued photo-

graphic identification that establishes that the individual is eighteen years

of age or older; except that, in face-to-face transactions, this requirement is

waived if the individual appears older than thirty years of age.

(c) A person who violates paragraph (a) or (b) of this subsection (1)

commits a class 2 petty offense and, upon conviction thereof, shall be pun-

ished by a fine of two hundred dollars.

(d) It is an affirmative defense to a prosecution under paragraph (a) of

this subsection (1) that the person furnishing the cigarette, tobacco product,

or nicotine product was presented with and reasonably relied upon a doc-

ument that identified the individual receiving the cigarette, tobacco prod-

uct, or nicotine product as being eighteen years of age or older.

(2) (a) A person who is under eighteen years of age and who purchases

or attempts to purchase any cigarettes, tobacco products, or nicotine prod-

ucts commits a class 2 petty offense and, upon conviction thereof, shall be

punished by a fine of one hundred dollars; except that, following a convic-

tion or adjudication for a first offense under this subsection (2), the court in

lieu of the fine may sentence the person to participate in a tobacco educa-

tion program. The court may allow a person convicted under this subsec-

tion (2) to perform community service and be granted credit against the fi-

ne and court costs at the rate of five dollars for each hour of work per-

formed for up to fifty percent of the fine and court costs.

(b) It is not an offense under paragraph (a) of this subsection (2) if the

person under eighteen years of age was acting at the direction of an em-

ployee of a governmental agency authorized to enforce or ensure compli-

ance with laws relating to the prohibition of the sale of cigarettes, tobacco

products, or nicotine products to minors.

(3) Nothing in this section prohibits a statutory or home-rule munici-

pality from enacting an ordinance that prohibits a person under eighteen

years of age from purchasing any cigarettes, tobacco products, or nicotine

products or imposes requirements more stringent than provided in this sec-

tion.

(3.5) Nothing in this section affects federal laws concerning cigarettes,

tobacco products, or nicotine products, as they apply to military bases and

Indian reservations within the state.

5

(4) (Deleted by amendment, L. 98, p. 1185, 2, effective July 1, 1998.)

(5) (a) As used in this section, "cigarette, tobacco product, or nicotine

product" means:

(I) A product that contains nicotine or tobacco or is derived from tobacco

and is intended to be ingested or inhaled by or applied to the skin of an indi-

vidual; or

(II) Any device that can be used to deliver tobacco or nicotine to the per-

son inhaling from the device, including an electronic cigarette, cigar, cigarillo,

or pipe.

(b) Notwithstanding any provision of paragraph (a) of this subsection (5)

to the contrary, "cigarette, tobacco product, or nicotine product" does not mean

a product that the food and drug administration of the United States depart-

ment of health and human services has approved as a tobacco use cessation

product.

24-35-502. Definitions. As used in this part 5, unless the context other-

wise requires:

(5) "Minor" means a person under eighteen years of age.





MEMORANDUM E1


FROM: Jane Ritter, Office of Legislative Legal Services


SUBJECT: Addressing legislation changes from the Department of Education related

to outdated or defective provisions of law

Summary

During a review of its governing statutes in title 22 of the Colorado Revised Statutes

(C.R.S.), the Colorado Department of Education (CDE) identified three separate

issues comprising outdated or defective provisions of law.

The first instance stems from a change to law that allows certain school districts to

submit performance plans every two years rather than annually. However, a

corresponding statute still requires school district accountability committees to submit

recommendations to the school district annually regarding the performance plans. The

second issue relates to replacing an outdated reference to "October 1" in the Public

School Transportation Fund with "pupil enrollment count day", as defined and used

elsewhere in statute. Finally, there are numerous references in title 22, C.R.S., and one

in title 19, C.R.S., to "accredited independent school" and "accredited nonpublic






2

school". Given that the state board of education only accredits public schools, the

terms are meaningless.

Analysis and Statutory Charge2

1. District accountability committees' recommendations to school districts

regarding performance plans.

House Bill 16-1440 made a change to the submission requirements for school districts

that are accredited in the two highest categories of the accountability system. These

districts may now submit a performance plan every two years, rather than annually.3

However, statute still requires the district accountability committees to make annual

recommendations to their local school boards regarding the districts' performance

plans.4 The requirement does not make sense for those schools who now submit plans

every other year. The requirement is outdated and needs modification.

2. Conforming the mileage count date with the pupil enrollment count date.

House Bill 12-1090 changed several statutory references in title 22, C.R.S., from

"October 1" to the "pupil enrollment count day as defined in section 22-54-103 (10.5)".

However, the reference in the Public School Transportation Fund was not included in

that bill and remains "October 1". The mileage count date and pupil enrollment count

date have historically been the same date, but now, if October 1 falls on a holiday, the

dates differ and create confusion and ineffective counts. The separate October 1

reference is outdated and needs modification.








3 Section 22-11-403 (5)(a), C.R.S.

4 Section 22-11-302 (1)(b), C.R.S.

3

3. References to "accredited independent school" and "accredited nonpublic

school".

The current educator licensing statutes make reference to "accredited independent

school" and "accredited nonpublic school". A definition only exists for "accredited

independent school", stating that such a school is one "which is accredited by the state

board of education pursuant to the rules and regulations of said board."5 However, the

state board of education has never accredited an independent or nonpublic school.

Therefore, these two phrases refer to entities that simply do not, and cannot, exist.

References to "accredited independent school" and "accredited nonpublic school" do

not reflect modern conditions and represent defective pieces of law requiring repeal.

Proposed Bill

If the Statutory Revision Committee authorizes OLLS to prepare a bill draft to accept

CDE's recommendations on these three separate issues, the bill would:

1. Strike "annually" from § 22-11-302 (1)(b);

2. Strike "October 1" from § 22-51-105 (1) and replacing it with "the pupil

enrollment count day, as defined in section 22-54-103 (10.5)"; and

3. Strike from statute all references to the phrases "accredited independent school"

and "accredited nonpublic school".

5 Section 22-60.5-102 (2), C.R.S.





MEMORANDUM F1


FROM: Jane Ritter, Office of Legislative Legal Services


SUBJECT: Making terminology referencing American Indians and Native Americans

consistent throughout the Colorado Revised Statutes

Summary

The Colorado Revised Statutes alternately uses the terms "American Indian", "Indian",

and "Native American" to refer to people whose pre-Columbian ancestors were

indigenous to the lands within the nation's modern boundaries. Because the laws of

the state should employ uniform and modern terminology, as well as conform to

federal law where appropriate, they should be aligned and updated as necessary to

reflect that "American Indian or Native American" is the preferred nomenclature.






2

Analysis and Statutory Charge2

Currently, a search of the Colorado Revised Statutes finds 326 references to the term

"Indian" alone, 25 references to "Native American", and only 13 references to the term

"American Indian". The Colorado Commission on Indian Affairs has informed the

Office of Legislative Legal Services (OLLS) that the term "American Indian or Native

American" is the preferred term on a federal and state level.

Updating the statutes by using the term "American Indian or Native American" would

eliminate both antiquated and contradictory laws and bring the law of this state into

harmony with modern conditions. It would also be flexible enough to accommodate

possible future changes in federal law.

Proposed Bill

If the Statutory Revision Committee authorizes OLLS staff to prepare a bill draft to

modernize and update these statutory references, the draft would change references to

"Native American", "Indian", or "American Indian" to the overarching term

"American Indian or Native American". Because some of these references will be

unsuitable for alteration (e.g., terms of art, short titles of federal laws, etc.), staff would

need to consult with the Colorado Commission on Indian Affairs during the drafting

process. If a term other than "American Indian or Native American" is used in a fund

name, for instance, OLLS staff would seek guidance from that entity whether they

would prefer to retain the same fund name with a term other than "American Indian

or Native American" or repeal the existing fund, create a new fund using "American

Indian or Native American" in the fund name, and transfer all money from the original

fund to the new fund.












MEMORANDUM G1


FROM: Debbie Haskins, Office of Legislative Legal Services


SUBJECT: Modernization of the language used to transfer state agencies and

functions in the "Administrative Organization Act of 1968" and in the

Colorado Revised Statutes

Summary

For many years, staff at the Office of Legislative Legal Services (OLLS) has been

aware of verbose and inconsistent language used in the Colorado Revised Statutes

(C.R.S.) to implement the "Administrative Organization Act of 1968" ("Administrative

Organization Act"). The terminology used to transfer the functions of one agency to

another is archaic, obsolete, and difficult for the agencies and the public to understand.

Furthermore, at least 47 different variations of the transfer language currently appear

in the C.R.S.

The opportunity to simplify and standardize this transfer language presents a needed

reform that may benefit the agencies whose powers and duties are governed by it, as

well as Coloradans who look to the statutes to understand how these agencies

function.






2

Analysis

1. Background on the "Administrative Organization Act" and analysis of drafting

practices based on the Act.

In 1966, Colorado voters approved a constitutional amendment calling for the

reorganization of the state government's executive branch into not more than 20

principal departments.2

In 1967, an interim committee analyzed every unit of state government, consolidated

them into 17 principal departments,3 and decided whether the agency should be a type

1 or a type 2 entity or whether it should be abolished through a type 3 transfer.4 Based

on that analysis, the General Assembly enacted Senate Bill 68-001, creating the

"Administrative Organization Act of 1968",5 in article 1 of title 24, C.R.S., which laid

out the structure of the principal departments, assigned every division and board to a

principal department, and specified its type.

The reorganization was based on a transfer concept set out in § 24-1-105, C.R.S.,

which defines the three types of transfers that determine the relationship between an

agency and the principal department.6 The designation of an agency as a type 1 or

type 2 agency, and the transfer of the agency's powers, duties, and functions to another

agency by a type 1 or type 2 transfer, affects the authority of the agency, and the type

defines the relationship between the agency and the principal department to which the

agency is assigned. Any mention of the status type in the C.R.S. appears in bold.

2 Amendment 1 (titled "An Amendment to Article IV of the Constitution of the State of Colorado, by

the addition of a new section 22, providing that executive and administrative offices, agencies, and

instrumentalities of the executive department of the state government shall be allocated to not to exceed

twenty departments, with certain exceptions."), which was submitted to the electorate by the General

Assembly, created Colorado constitution, art. IV, § 22.

3 Currently, there are 19 principal departments.

4 Report to the Colorado General Assembly, "Reorganizing the Executive Branch of Colorado's State

Government," Colorado Legislative Council, Research Publication No. 131, December 1967,

www.law.du.edu, digital collection of the Colorado Legislative Council.

5 1968 Colo. Sess. Laws, ch. 53.

6 See Addendum A.

http://www.law.du.edu/

3

According to the Colorado Legislative Drafting Manual, there is a significant difference

between the powers of a type 17 agency and a type 28 agency:

A type 1 transfer denotes a relationship in which the subordinate division,

board, or other agency exercises its powers, duties, and functions independently

of the executive director of the department within which the agency is placed.

The most important powers retained by a type 1 agency – powers which may

be exercised in whatever way the agency determines, even without the approval

of the executive director – are the promulgation of rules and the rendering of

administrative findings, orders, and adjudications. 9

In a type 2 transfer, all powers, duties, and functions of the division, board, or

other agency belong to the executive director of the department.10

A type 3 transfer involves the transfer of all functions of an agency to another

agency and the abolition of the old agency; it is rarely used.11

In Senate Bill 68-001, each agency and its powers, duties, and functions were

transferred to a principal department using the simple phrase "are transferred". For

example:

24-1-117. Department of revenue - creation. (2) The department of rev-

enue and the office of director of revenue, created by article 35 of this title, and

their powers, duties, and functions are transferred by a type 2 transfer to the

department of revenue.

(3) The powers, duties, and functions of the secretary of state with re-

spect to fermented malt beverages and malt, vinous, and spirituous liquors un-

der the provisions of articles 46 to 48 of title 12, C.R.S., are transferred by a

type 2 transfer to the department of revenue.

The 1967 interim committee recommended and intended12 that any new agencies

created after the reorganization would be created using a transfer approach via the

three statutorily defined types of transfers.

7 Examples of type 1 agencies are the state board of education, the state board of health, and the public

utilities commission.

8 Examples of type 2 agencies are the office of the state registrar, the Colorado commission on aging,

and the division of youth corrections.

9 Colorado Legislative Drafting Manual, the Office of Legislative Legal Services, p. 6-1 (2016).

10 Id.

11 Id.

4

In 1969, the year following the reorganization, the simple phrase "are transferred" was

again used when transferring or creating new departments; however, in 1970 and years

thereafter, variations arose, including:

"are hereby transferred"; and

"as if the same were transferred to the department by a type 1 transfer as such

transfer is defined in the Administrative 'Organization Act of 1968'".

Ten years after the reorganization, the 1977 Legislative Drafting Manual explained to

drafters that when drafting bills creating a new agency or transferring an agency to

another agency, the drafter needed to do two things: 1) amend the applicable section in

the "Administrative Organization Act" and the organic statute governing the agency to

specify the transfer and type of the agency; and 2) use the phrase "as if it were

transferred" when making such a transfer.

According to the 1977 Legislative Drafting Manual:

In order to keep article 1 up to date and to clearly define the status of newly

created agencies within the context of executive reorganization, any bill creat-

ing a new executive agency with substantive powers (i.e., an agency other than

a strictly advisory board or committee), or transferring any such agency from

one department to another, or abolishing such an agency, MUST include an

appropriate amendment to title 24, article 1.

…

In the case of a new agency, the text should refer to the type of transfer with

the notation that the agency shall exercise its powers, etc., as if it were trans-

ferred by a type 1 or type 2 transfer, since a new agency is not actually being

transferred.

…

As a matter of custom, similar language defining the type of transfer is includ-

ed in the substantive law governing the agency created or transferred.13

Nothing in article 1 of title 24, C.R.S., nor in the interim committee report, explains

that a subsequent transfer of an entity should be accomplished using the phrase "as if it

were transferred". This language appears to be the result of the way some, but not all,

bills were drafted after the 1968 reorganization.

12 "Reorganizing the Executive Branch of Colorado's State Government", p. xx.

13 Legislative Drafting Manual, Legislative Drafting Office, pp. 70-71 (1977).

5

In hindsight, the language "as if it were transferred by a type 1 or type 2 transfer" is an

awkward and unclear phrase. This language essentially ties the creation of a new

board's powers back to a reorganization that occurred in 1968 — in essence the

translation is that "new board X exercises its powers as a type 1 board as if it were

being transferred by a type 1 transfer back in 1968". This approach creates a fictional

reality and is not the most clear and direct way to express what is actually intended.

2. The transfer language used in the C.R.S. is overly complicated and difficult for

the state agencies and the public to understand. The Statutory Revision

Committee could introduce legislation to modernize and simplify the language

while preserving the existing type of the agencies.

In the C.R.S., there are at least 298 references to type 1, type 2, or type 3 transfers.

What is astonishing is that there are at least 47 different ways the transfers are described,

sometimes within the same subsection.

The following table illustrates some of the variety of ways agency transfers are worded

in statute:

"as if the same were transferred to the department by a type 2 transfer"

"as if the same were transferred by a type 2 transfer"

"as if the same were transferred by a type 1 transfer to the department"

"as if the same were transferred thereto by a type 1 transfer"

"as if transferred thereto by a type 2 transfer"

"as if it were transferred to said department by a type 1 transfer"

"as transferred to the department by a type 2 transfer, as such transfer is defined in the 'Administrative Organization Act of 1968', article 1 of this title"

"as if the agency or officer were transferred to the department by a type 2 transfer, as

defined in section 24-1-105"

As is demonstrated in Addendum B, there are multiple variations of expressing the

transfer concept, which adds to the confusion. Instead, the designation of the status of

an agency's powers as either a type 1 or type 2 entity could be stated very simply in

plain English:

Board X is transferred from department A to department B by a type 2 transfer and

operates as a type 2 board/entity.

6

Agency X is a type 1 [or type 2] board/entity.

Agency X is created in department B as a type 1 [or type 2] board/entity.

Agency X exercises its powers, duties, and functions as a type 1 [or type 2] board.

Agency X operates as a type 1 [or type 2] board/entity.

Modernizing and simplifying these statements would result in statutes that are

expressed in the present time and in the present tense while preserving the entity's

status and powers as designated by type in the "Administrative Organization Act".

This approach would standardize and streamline the transfer language in the

"Administrative Organization Act" and in the C.R.S.

3. While the status of an agency is expressed in article 1 of title 24, C.R.S., many

times the type 1 or type 2 status of the agency is not contained in the organic

statutes.

For some reason, which the OLLS staff has not been able to ascertain, the 1968

legislation that reorganized all state agencies did not include corresponding

amendments in the "organic" statutes that actually create the particular departments,

divisions, or boards.

This inconsistency resulted in an anomaly in which numerous boards' and agencies'

statuses, with regard to their powers, duties, and functions, can only be found in article

1 of title 24, C.R.S., and not in their organic statutes, where a reader would typically

look for this information.

Because the "Administrative Organization Act" requires an agency to exercise its

powers consistent with the level of authority allocated to it by the General Assembly, it

would be helpful to the departments and to the public to provide ready access to that

information in the relevant statutes that establish the agency.

In addition, when comparing the "Administrative Organization Act" and the organic

statutes, the staff has identified some discrepancies in the names of entities and

references to units of government that no longer exist. Legislation sponsored by the

Statutory Revision Committee could correct these errors and discrepancies.

4. There are numerous instances of outdated "boilerplate" language remaining in

the C.R.S. relating to type 3 transfers.

When a type 3 transfer is made, the original agency is abolished and its functions and

powers are transferred to another principal department. Often as part of that transfer,

7

the original legislation included "boilerplate" language that transferred the employees,

records, and property of the original agency to its successor agency. Over time, this

language has become outdated. The Statutory Revision Committee could sponsor

legislation to repeal the obsolete language. When the C.R.S. is published, the OLLS

staff could include an editor's note explaining where to find the original transfer

language. To prevent similar "boilerplate" language from lingering in the statutes, new

type 3 transfers could include a provision to automatically repeal this language in the

future.

Statutory Charge14

The issues presented fit within the Statutory Revision Committee's charge because they

would eliminate defects in the law, bring the law into harmony with modern

conditions, align and harmonize the status and powers assigned to particular units of

state agencies in the "Administrative Organization Act", and repeal outdated language.

Proposed Bill

If the Statutory Revision Committee requests a bill draft concerning this issue, OLLS

has determined that the "Administrative Organization Act" and the overall C.R.S., in

applicable places, could be modernized and simplified by:

1. Modernizing the existing statutes and drafting conventions to state the

designation of the status of an agency's powers, duties, and functions as either

a type 1 or type 2 entity in plain English whenever an agency is transferred

from one department to another or is newly created.15

2. Amending the applicable organic statutes to specify and align the type 1 or

type 2 status of the boards, commissions, divisions, and agencies with the

designation of the type 1 or type 2 status that is assigned in the








15 See Addendum C.

8

"Administrative Organization Act"16 and correcting errors in the names of

entities and references to units of government that no longer exist.

3. Repealing outdated historical "boilerplate" provisions relating to the transfer

of functions to another department in a type 3 transfer that abolished the

original agency.17

16 See Addendum D.

17 See Addendum E.

9

ADDENDUM A

COLORADO REVISED STATUTES

24-1-105. Types of transfers. (1) Under this article, a type 1 transfer

means the transferring intact of an existing department, institution, or other

agency, or part thereof, to a principal department established by this article.

When any department, institution, or other agency, or part thereof, is trans-

ferred to a principal department under a type 1 transfer, that department, insti-

tution, or other agency, or part thereof, shall be administered under the direc-

tion and supervision of that principal department, but it shall exercise its pre-

scribed statutory powers, duties, and functions, including rule-making, regula-

tion, licensing, and registration, the promulgation of rules, rates, regulations,

and standards, and the rendering of findings, orders, and adjudications, inde-

pendently of the head of the principal department. Under a type 1 transfer, any

powers, duties, and functions not specifically vested by statute in the agency be-

ing transferred, including, but not limited to, all budgeting, purchasing, plan-

ning, and related management functions of any transferred department, institu-

tion, or other agency, or part thereof, shall be performed under the direction

and supervision of the head of the principal department.

(2) Under this article, a type 2 transfer means the transferring of all or

part of an existing department, institution, or other agency to a principal de-

partment established by this article. When all or part of any department, insti-

tution, or other agency is transferred to a principal department under a type 2

transfer, its statutory authority, powers, duties, and functions, records, person-

nel, property, and unexpended balances of appropriations, allocations, or other

funds, including the functions of budgeting, purchasing, and planning, are

transferred to the principal department.

(3) Under this article, a type 3 transfer means the abolishing of an ex-

isting department, institution, or other agency and the transferring of all or part

of its powers, duties, functions, records, personnel, property, and unexpended

balances of appropriations, allocations, or other funds to a principal depart-

ment as specified under this article.

(4) When any department, institution, or other agency, or part thereof,

is transferred by a type 2 or type 3 transfer to a principal department under the

provisions of this article, its prescribed powers, duties, and functions, including

rule-making, regulation, licensing, promulgation of rules, rates, regulations,

and standards, and the rendering of findings, orders, and adjudications are

transferred to the head of the principal department into which the department,

institution, or other agency, or part thereof, has been transferred.

10

ADDENDUM B

as if transferred thereto by a type 2 transfer as such transfer is defined in the "Administra-tive Organization Act of 1968", article 1 of title 24, C.R.S.

as if the same were transferred to the department by a type 2 transfer, as such transfer is

defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

as if the same were transferred to the department by a type 1 transfer, as such transfer is

defined in section 24-1-105, C.R.S.

are transferred from (blank) to (blank) by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

are transferred, (effective date), by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S., to(blank) and allo-

cated to (blank)

as if the powers, duties, and functions were transferred to the division by a type 1 transfer, as defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

as if it were transferred to the department by a type 1 transfer, as such transfer is defined in

the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

as if they were transferred to the department by a type 2 transfer

as if transferred to the division by a type 1 transfer, as defined in the "Administrative Or-

ganization Act of 1968", article 1 of title 24, C.R.S.

as if transferred thereto by a type 2 transfer, as defined in the "Administrative Organiza-tion Act of 1968", article 1 of title 24, C.R.S.

as if the same were transferred to the department by a type 2 transfer as defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

as if the same were transferred to the department by a type 2 transfer

as if the same were transferred by a type 2 transfer

as if the same were transferred by a type 1 transfer to the department

as if the same were transferred thereto by a type 1 transfer

as if the same were transferred to said department by a type 2 transfer

as if the same were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of transportation

as if the same were transferred to the department by a type 1 transfer, as defined in section

24-1-105, C.R.S.

as if the same were transferred to such department by this article under a type 2 transfer, unless otherwise specified by such law

11

are hereby transferred by a type 3 transfer to the department

There is hereby created by a type 1 transfer in the department …

are transferred by a type 2 transfer, as such transfer is defined in the "Administrative Or-

ganization Act of 1968", article 1 of title 24, C.R.S., to the department

are transferred by a type 2 transfer to the department of state, subject to

as if transferred to the department by a type 1 transfer

as if the division were transferred by a type 2 transfer to the department of education.

as if it were transferred by a type 2 transfer to the department of public health and envi-ronment

as if transferred by a type 2 transfer

as if transferred thereto by a type 2 transfer

as if (the board) were transferred to the division by a type 1 transfer

are transferred as if by a type 1 transfer

as if the same were transferred to the department of natural resources and allocated to the

division of reclamation, mining, and safety as a section thereof by a type 2 transfer.

as if it were transferred to said department by a type 1 transfer

as if transferred by a type 2 transfer to the department

are transferred by a type 3 transfer, as defined in section 24-1-105

as transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title

are hereby transferred by a type 2 transfer from the department to

to meet the requirements of the commission concerning any matters within the authority

of an agency transferred by a type 1 transfer, as defined in section 24-1-105, C.R.S.,

as if transferred to the department by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

as if it were transferred to the department by a type 1 transfer under the provisions of the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

as if it were transferred by a type 2 transfer under the provisions of the "Administrative

Organization Act of 1968", article 1 of title 24, C.R.S.

as if the (board) were transferred by a type 2 transfer, as a division thereof

as if transferred by a type 2 transfer, as such transfer is defined by the "Administrative Or-ganization Act of 1968", article 1 of this title, to the department

as if the same were transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", being article 1 of this title

12

as if it were transferred to the department by a type 1 transfer as such transfer is defined in

the "Administrative Organization Act of 1968", being article 1 of this title

as if it were transferred to the department by a type 1 transfer under the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

as if the agency or officer were transferred to the department by a type 2 transfer, as de-fined in section 24-1-105, until the general assembly shall otherwise designate

There is hereby created within the department, as a type 2 entity, the …

13

ADDENDUM C

To modernize and simplify the language in organic statutes, a section of a bill could

read:

SECTION __. In Colorado Revised Statutes, 25-9-104, amend (8) as fol-

lows:

25-9-104. Duties of board - rules. (8) The board may exercise EXERCISES

its powers, and perform its duties and functions as if it were transferred to the

department by a type 1 transfer under the "Administrative Organization Act of

1968", article 1 of title 24, C.R.S. duties, and functions as a type 1 board.

SECTION __. In Colorado Revised Statutes, amend 26-1-302, (1) as fol-

lows:

26-1-302. Colorado traumatic brain injury trust fund board - creation -

powers and duties. (1) There is hereby created the Colorado traumatic brain

injury trust fund board within the state department of human services. The

board shall exercise EXERCISES its powers and duties as if transferred by a type

2 transfer BOARD.

To modernize the language in the "Administrative Organization Act", a section of a

bill could read:

SECTION _. In Colorado Revised Statutes, 24-1-122, amend (2)(a.5) and

(2)(b)(II) as follows:

24-1-122. Department of regulatory agencies - creation. (2) The de-

partment of regulatory agencies shall consist of the following divisions:

(a.5) The office of consumer counsel and the utility consumers' board,

created by article 6.5 of title 40, C.R.S. The office of consumer counsel and its

powers, duties, and functions are transferred by a type 1 transfer to the depart-

ment of regulatory agencies as a division thereof. The utility consumers' board

shall exercise its powers and perform its duties and functions under the de-

partment as if the same were transferred to the department by a type 1 transfer

BOARD and IS allocated to the office of consumer counsel.

(b) (II) The workers' compensation classification appeals board, created by

section 8-55-101 (1), C.R.S., shall exercise its powers and perform duties and

functions under IS TRANSFERRED BY A TYPE 1 TRANSFER TO the division of in-

surance as if such workers' compensation classification appeals board were

transferred to AND EXERCISES ITS POWERS AND PERFORMS DUTIES AND

FUNCTIONS UNDER the division of insurance by AS a type 1 transfer BOARD.

In these examples, 49 words in total are removed from the C.R.S., and yet the language

in the statute is much clearer and the meaning is preserved.

14

ADDENDUM D

The following is included as an example of a section of a bill that would ensure that a

board, commission, or agency's type 1 or type 2 status is reflected in both the

"Administrative Organization Act" and the organic statute.

In section 24-1-119 (6)(a), C.R.S., of the "Administrative Organization Act", the office

of the state chemist is transferred to the department of public health and environment

by a type 2 transfer and allocated to the division of administration:

24-1-119. Department of public health and environment - creation.

(6) The division of administration shall include the following:

(a) The office of state chemist, created by part 4 of article 1 of

title 25, C.R.S. Said office and its powers, duties, and functions are trans-

ferred by a type 2 transfer to the department of public health and environ-

ment and allocated to the division of administration as a section thereof.

But when you examine the organic statute creating the office of the state chemist,

nothing indicates that the office has type 2 powers:

25-1-401. Office of state chemist created. The professor of food and

drug chemistry in the department of chemistry at the university of Colora-

do shall be the state chemist of Colorado. The office and laboratory of the

state chemist shall be in the department of chemistry at the university of

Colorado. The office of state chemist shall be a section of the division of

administration of the department of public health and environment.

To remedy this inconsistency, a section of a bill could read:

SECTION __. In Colorado Revised Statutes, 26-1-302, amend (1) as

follows:

25-1-401. Office of state chemist created. The professor of food and

drug chemistry in the department of chemistry at the university of Colora-

do shall be the state chemist of Colorado. The office and laboratory of the

state chemist shall be in the department of chemistry at the university of

Colorado. The office of state chemist shall be OPERATES AS A TYPE 2 OF-

FICE AND IS a section of the division of administration of the department

of public health and environment.

15

ADDENDUM E

To remove statutory language that is outdated, proposed legislation could repeal

language relating to a type 3 transfer that refers to the transfer of employees, records,

and property from the department of administration, which was abolished in 1995.

Here is the language that transferred and then abolished the department:

24-1-128. Department of personnel - creation. (6) The powers, duties, and

functions of the department of administration are transferred by a type

3 transfer to the department of personnel, and the department of administra-

tion is hereby abolished.

The following section of the statutes details how, in 1995, the transfer of the

department of administration to the department of personnel occurred. It could all be

repealed, with an editor's note directing readers where this historical information could

be found.

24-50.3-105. Transfer of functions - employees - property - records. (1)

On and after July 1, 1995, the department of personnel shall execute, adminis-

ter, perform, and enforce the rights, powers, duties, functions, and obligations

vested prior to July 1, 1995, in the department of administration.

(2) (a) On and after July 1, 1995, all positions of employment in the de-

partment of administration concerning the duties and functions transferred to

the department of personnel pursuant to section 24-1-128, this article, and arti-

cle 30 of this title and determined to be necessary to carry out the purposes of

these articles by the executive director shall be transferred to the department of

personnel and shall become employment positions therein. The executive direc-

tor shall appoint such employees as are necessary to carry out the duties and

exercise the powers conferred by law upon the department and the office of the

executive director. Any appointment of employees and any creation or elimina-

tion of positions of employment necessary to carry out the purposes of these

articles shall be consistent with the plan for reorganizing state support services

as set forth in part 2 of this article and shall be implemented after the plan or

relevant portion of the plan has been presented to the state support services re-

organization committee pursuant to section 24-50.3-202. Appointing authority

may be delegated by the executive director as appropriate.

(b) On and after July 1, 1995, all employees of the department of admin-

istration whose duties and functions concerned the powers, duties, and func-

tions transferred to the department of personnel pursuant to section 24-1-128,

this article, and article 30 of this title, regardless of whether the position of

employment in which the employee served was transferred, shall be considered

16

employees of the department of personnel for purposes of section 24-50-

124. Such employees shall retain all rights under the state personnel system

and to retirement benefits pursuant to the laws of this state, and their ser-

vices shall be deemed continuous.

(3) On July 1, 1995, all items of property, real and personal, including

office furniture and fixtures, books, documents, and records of the depart-

ment of administration pertaining to the duties and functions transferred to

the department of personnel are transferred to the department of personnel

and shall become the property thereof.

(4) On and after July 1, 1995, whenever the department of administra-

tion is referred to or designated by any contract or other document in con-

nection with the duties and functions transferred to the department of per-

sonnel, such reference or designation shall be deemed to apply to the de-

partment of personnel. All contracts entered into by the said departments

prior to July 1, 1995, in connection with the duties and functions trans-

ferred to the department of personnel are hereby validated, with the de-

partment of personnel succeeding to all rights and obligations under such

contracts. Any cash funds, custodial funds, trusts, grants, and any appro-

priations of funds from prior fiscal years open to satisfy obligations in-

curred under such contracts shall be transferred and appropriated to the

department of personnel for the payment of such obligations.

(5) On and after July 1, 1995, unless otherwise specified, whenever any

provision of law refers to the department of administration, said law shall

be construed as referring to the department of personnel.

(6) All rules, regulations, and orders of the department of administra-

tion adopted prior to July 1, 1995, in connection with the powers, duties,

and functions transferred to the department of personnel shall continue to

be effective until revised, amended, repealed, or nullified pursuant to law.

On and after July 1, 1995, the executive director shall adopt rules necessary

for the administration of the department and the administration of the ad-

ministrative support services transferred to the department pursuant to sec-

tion 24-1-128, this article, and article 30 of this title. Any rules proposed by

the executive director on and after July 1, 1995, necessary to carry out the

purposes of these articles shall be consistent with the plan for reorganizing

state support services as set forth in part 2 of this article and shall be

adopted after the plan or relevant portion of the plan has been presented to

the state support services reorganization committee pursuant to section 24-

50.3-202.

17

(7) No suit, action, or other judicial or administrative proceeding lawfully

commenced prior to July 1, 1995, or that could have been commenced prior to

such date, by or against the department of administration or any officer thereof

in such officer's official capacity or in relation to the discharge of the officer's

duties, shall abate by reason of the transfer of duties and functions from said

department to the department of personnel.

(8) (a) The executive director, or a designee of the executive director, may

accept and expend, on behalf of and in the name of the state, gifts, donations,

and grants for any purpose connected with the work and programs of the de-

partment. Any property so given shall be held by the state treasurer, but the ex-

ecutive director, or the designee therefor, shall have the power to direct the dis-

position of any property so given for any purpose consistent with the terms and

conditions under which such gift was created.

(b) Pursuant to paragraph (a) of this subsection (8), the executive director,

or a designee of the executive director, may expend gifts, donations, and grants

that are custodial funds without further appropriation by the general assembly.

Any gifts, donations, and grants accepted by the executive director, or the de-

signee thereof, pursuant to paragraph (a) of this subsection (8) that are not cus-

todial funds are subject to annual appropriation by the general assembly.

Finally, there are a few, 21-years-out-of-date, references to the department of

administration sprinkled throughout the C.R.S. that the Statutory Revision Committee

could update in legislation as well. For example:

SECTION __. In Colorado Revised Statutes, 17-24-106.6, amend (4) and

(5) as follows:

17-24-106.6. Surplus state property. (4) Any moneys used to cover the ad-

ministrative costs of the transfer of responsibilities with respect to surplus state

property from the department of administration DEPARTMENT OF PERSONNEL

to the department of corrections shall be transmitted to the state treasurer, who

shall credit the same to the surplus property fund, which fund is hereby created,

and such fund shall be subject to appropriation by the general assembly for the

purposes of this section.

(5) Any moneys in any accounts or funds administered by the department

of administration DEPARTMENT OF PERSONNEL that are derived from the ad-

ministration of part 4 of article 82 of title 24, C.R.S., shall be transferred to the

surplus property fund.

SECTION __. In Colorado Revised Statutes, 24-82-108, amend (3)(d) as

follows:

24-82-108. State capitol building advisory committee - creation - repeal.

(3) The advisory committee shall have the following duties:

18

(d) The advisory committee shall identify all furniture original to the

state capitol building and create an inventory of such furniture. Any costs

associated with identifying and inventorying furniture original to the state

capitol building shall be paid with moneys raised through private sources

and shall not be paid from the general fund. The department of personnel

is hereby granted the authority to collect and use such moneys raised by

private sources for the purpose of identifying and inventorying all furniture

original to the state capitol building. The possession of all furniture original

to the state capitol building shall be retained by the department of admin-

istration DEPARTMENT OF PERSONNEL and shall be made available for use

in the state capitol building. The furniture original to the state capitol build-

ing shall remain in the state capitol building at all times.

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