NOTE: The governor signed this measure on 2/27/2013.
      
      
      HOUSE BILL 13-1029
      
      
      BY REPRESENTATIVE(S) Levy and Gardner, Labuda, Murray, Waller,
      Buckner, Court, Exum, Fields, Gerou, Hullinghorst, Kagan, Landgraf,
      Lawrence, Lebsock, McLachlan, Melton, Mitsch Bush, Pabon, Salazar,
      Schafer, Williams, Ferrandino;
      also SENATOR(S) Roberts and Schwartz, Brophy, Morse, Aguilar, Hudak,
      Newell, Steadman.
      
      
      Concerning the use of authority verbs in the Colorado Revised
           Statutes.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby:
      
           (a)  Finds that:
      
           (I)  Courts presume that, in the absence of any manifest indication to
      the contrary, the meaning attributed to the words used in one part of the
      statutes should be ascribed to the same words found elsewhere in the
      statutes; and
      
           (II)  Many statutes have been written in the passive voice and future
      tense, including the use of the word "shall" as a future tense verb;
      
           (b)  Determines that:
      
           (I)  Drafting statutes, when possible, in the active voice and present
      tense will clarify the general assembly's intent; and
      
           (II)  In order to clarify the general assembly's use of the authority
      verbs "must" and "shall", it is useful to use different words to distinguish
      between:
      
           (A)  The imposition of a duty on a person; and
      
           (B)  The creation of a condition to which a person or thing is subject
      but as to which there is no duty to act; and
      
           (c)  Declares that:
      
           (I)  Passage of this act is not intended to alter the interpretation of a
      statute enacted before the effective date of this act; and
      
           (II)  While this act creates standard definitions of the words "must"
      and "shall", the determination of the proper meanings to be attributed to the
      words "must" and "shall" should include consideration of the context in
      which those words were enacted and are used.
      
           SECTION 2.  In Colorado Revised Statutes, 2-4-401, add (6.5) and
      (13.7) as follows:
      
           2-4-401.  Definitions. The following definitions apply to every
      statute, unless the context otherwise requires:
      
           (6.5) (a)  "Must" means that a person or thing is required to
      meet a condition for a consequence to apply. "Must" does not mean
      that a person has a duty.
      
           (b)  This subsection (6.5):
      
           (I)  Is not intended to alter the interpretation of a statute
      enacted before the effective date of this subsection (6.5); and
      
           (II)  Applies to statutes enacted on or after the effective
      date of this subsection (6.5) but only with regard to language
      that appears in small capital font in the session laws published
      pursuant to section 24-70-223, C.R.S.
      
           (13.7) (a)  "Shall" means that a person has a duty.
      
           (b)  This subsection (13.7):
      
           (I)  Is not intended to alter the interpretation of a statute
      enacted before the effective date of this subsection (13.7); and
      
           (II)  Applies to statutes enacted on or after the effective
      date of this subsection (13.7) but only with regard to language
      that appears in small capital font in the session laws published
      pursuant to section 24-70-223, C.R.S.
      
           SECTION 3.  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, 2013, if adjournment sine die is on May 8, 2013); 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 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ________________________________________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO