Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0666.01 Bart Miller x2173    SENATE BILL 12-069
                   SENATE SPONSORSHIP
 Tochtrop, 
 
                    HOUSE SPONSORSHIP
 Gardner B., 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the statutory time limit for commencing certain
            civil actions.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill requires all actions to recover a debt for care given or
       delivered, services rendered, money lent, money paid, money had and
       received, goods sold and delivered, or open or book account or account
       stated to be commenced within 6 years after the cause of action accrues.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION  1.  In Colorado Revised Statutes, 13-80-103.5, amend
       (1) (a); and add (2) as follows:
            13-80-103.5.  General limitation of actions - six years. (1)  The
       following actions shall be commenced within six years after the cause of
       action accrues and not thereafter:
            (a)  All actions to recover a liquidated debt or an unliquidated,
       determinable amount of money due to the person bringing the action,
       including all actions to recover a debt for care given or
       delivered, services rendered, money lent, money paid, money had
       and received, goods sold and delivered, open or book account or
       account stated; all actions for the enforcement of rights set forth in
       any instrument securing the payment of or evidencing any debt; and all
       actions of replevin to recover the possession of personal property
       encumbered under any instrument securing any debt; except that actions
       to recover pursuant to section 38-35-124.5 (3), C.R.S., shall be
       commenced within one year;
            (2)  If an action is brought to dispute or challenge the
       reasonableness of any amount sought pursuant to paragraph (a)
       of subsection (1) of this section, such action shall not render
       the amount sought unliquidated or undeterminable for the
       purposes of said paragraph (a).
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       7, 2012, if adjournment sine die is on May 9, 2012); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2012 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.