NOTE: The governor signed this measure on 3/18/2015.
      
      
      HOUSE BILL 15-1071
      
      
      BY REPRESENTATIVE(S) Keyser, Kraft-Tharp, Szabo;
      also SENATOR(S) Hill, Crowder.
      
      
      Concerning clarification that, following a merger of entities,
           the surviving entity is entitled to control the premerger
           attorney-client privileges of a constituent entity.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 7-90-204, amend (1)
      (a) as follows:
      
           7-90-204.  Effect of merger. (1)  When a merger is effective:
      
           (a)  Every merging entity merges into the surviving entity and the
      separate existence of every merging entity ceases. All of the rights,
      privileges, including specifically the attorney-client privilege, and
      powers of each of the merging entities, all real, personal, and mixed
      property, and all obligations due to each of the merging entities, as well as
      all other things and causes of action of each of the merging entities, shall
      vest as a matter of law in the surviving entity and shall are thereafter be
      the rights, privileges, powers, and property of, and obligations due to, the
      surviving entity. Title to any property vested in any of the merging entities
      shall does not revert, or be and is not in any way impaired by reason of
      the merger; except that all rights of creditors in and all liens upon any
      property of any of the merging entities shall be are preserved unimpaired
      in the same property, however held. All obligations of the merging entities
      shall attach as a matter of law to the surviving entity and may be fully
      enforced against the surviving entity. A merger does not constitute a
      conveyance, transfer, sale of assets, or assignment. Nothing in this
      section affects the validity of contract provisions or of reversions or other
      forms of title limitations that attach conditions or consequences specifically
      to mergers.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect September 1, 2015; 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 the ninety-day period after final adjournment of the general
      assembly, 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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
           (2)  This act applies to conduct occurring before, on, or after the
      applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      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