BY REPRESENTATIVES Paschall, Adkins, Arrington, George, Gordon, Grossman, Hagedorn, Kaufman, McPherson, Morrison, Nichol, Saliman, Tool, Udall, Veiga, Lamborn, and Tate;
also SENATORS Perlmutter, Duke, Matsunaka, Pascoe,
Rupert, Thiebaut, Wells, Hernandez, J. Johnson, Martinez,
Phillips, and Tanner.
CONCERNING ADJUSTMENTS TO DAMAGES LIMITATION STATUTES
TO REFLECT THE EFFECTS OF INFLATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative declaration.
(1) The general assembly finds that by utilizing the
statistical measuring tool known as the "consumer price index
for DenverBoulder, all items, all urban consumers"
published by the United States Department of Labor, Bureau of
Labor Statistics, an accurate estimate of the current purchasing
power of the dollar, compared to prior years, can be obtained.
(2) The general assembly further finds
that:
(a) Since the enactment of certain limitations
on damages in 1986 the purchasing power of the dollar has decreased
approximately thirtytwo percent;
(b) Since the enactment of certain other
limitations on damages in 1989 the purchasing power of the dollar
has decreased approximately twentyseven percent.
(3) The general assembly further finds
that those injured persons or survivors of deceased injured persons
whose damages are found to justify an award from a jury or the
court in excess of the present limitations are those who are most
severely injured or damaged.
(4) The general assembly further finds
that by passage of this act the venerable American tradition of
just compensation for injuries and damages will be strengthened
because the original legislative intent will be restored.
SECTION 2. 1246112.5,
Colorado Revised Statutes, 1991 Repl. Vol., is amended BY THE
ADDITION OF A NEW SUBSECTION to read:
1246112.5. Civil liability
for sale, service, or provision of fermented malt beverages to
any intoxicated person or any person under the age of twentyone
years legislative declaration.
(6) (a) THE LIMITATIONS ON DAMAGES SET FORTH IN
PARAGRAPH (c) OF SUBSECTION (3) AND PARAGRAPH (c) OF SUBSECTION
(4) OF THIS SECTION SHALL BE ADJUSTED FOR INFLATION AS OF JANUARY
1, 1998. THE ADJUSTMENT MADE ON JANUARY 1, 1998, SHALL BE BASED
ON THE CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR
SINCE THE EFFECTIVE DATE OF THE DAMAGES LIMITATIONS IN PARAGRAPH
(c) OF SUBSECTION (3) AND PARAGRAPH (c) OF SUBSECTION (4) OF THIS
SECTION. THE ADJUSTMENT MADE PURSUANT TO THIS PARAGRAPH (a) SHALL
BE ROUNDED UPWARD OR DOWNWARD TO THE NEAREST TENDOLLAR INCREMENT.
(b) AS USED IN THIS SUBSECTION (6), "INFLATION"
MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT
OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE INDEX FOR
DENVERBOULDER, ALL ITEMS, ALL URBAN CONSUMERS, OR ITS SUCCESSOR
INDEX.
(c) THE SECRETARY OF STATE SHALL CERTIFY
THE ADJUSTED LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER
THE APPROPRIATE INFORMATION IS AVAILABLE, AND SUCH ADJUSTED LIMITATION
ON DAMAGES SHALL BE THE LIMITATION APPLICABLE TO ALL CLAIMS FOR
RELIEF THAT ACCRUE ON OR AFTER JANUARY 1, 1998.
SECTION 3. 1247128.5, Colorado Revised Statutes, 1991 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1247128.5. Civil liability
for sale, service, or provision of alcoholic beverages to any
intoxicated person legislative declaration.
(5) (a) THE LIMITATIONS ON DAMAGES SET FORTH IN
PARAGRAPH (c) OF SUBSECTION (3) AND PARAGRAPH (c) OF SUBSECTION
(4) OF THIS SECTION SHALL BE ADJUSTED FOR INFLATION AS OF JANUARY
1, 1998. THE ADJUSTMENT MADE ON JANUARY 1, 1998, SHALL BE BASED
ON THE CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR
SINCE THE EFFECTIVE DATE OF THE DAMAGES LIMITATIONS OF PARAGRAPH
(c) OF SUBSECTION (3) AND PARAGRAPH (c) OF SUBSECTION (4) OF THIS
SECTION. THE ADJUSTMENT MADE PURSUANT TO THIS PARAGRAPH (a) SHALL
BE ROUNDED UPWARD OR DOWNWARD TO THE NEAREST TENDOLLAR INCREMENT.
(b) AS USED IN THIS SUBSECTION (5), "INFLATION"
MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT
OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE INDEX FOR
DENVERBOULDER, ALL ITEMS, ALL URBAN CONSUMERS, OR ITS SUCCESSOR
INDEX.
(c) THE SECRETARY OF STATE SHALL CERTIFY
THE ADJUSTED LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER
THE APPROPRIATE INFORMATION IS AVAILABLE, AND SUCH ADJUSTED LIMITATION
ON DAMAGES SHALL BE THE LIMITATION APPLICABLE TO ALL CLAIMS FOR
RELIEF THAT ACCRUE ON OR AFTER JANUARY 1, 1998.
SECTION 4. 1321102.5 (3),
Colorado Revised Statutes, 1987 Repl. Vol., is amended BY THE
ADDITION OF A NEW PARAGRAPH to read:
1321102.5. Limitations
on damages for noneconomic loss or injury.
(3) (c) (I) THE LIMITATIONS ON DAMAGES SET
FORTH IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (3) SHALL BE
ADJUSTED FOR INFLATION AS OF JANUARY 1, 1998. THE ADJUSTMENT MADE
ON JANUARY 1, 1998, SHALL BE BASED ON THE CUMULATIVE ANNUAL ADJUSTMENT
FOR INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE OF THE DAMAGES
LIMITATIONS IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (3).
THE ADJUSTMENT MADE PURSUANT TO THIS SUBPARAGRAPH (I) SHALL BE
ROUNDED UPWARD OR DOWNWARD TO THE NEAREST TENDOLLAR INCREMENT.
(II) AS USED IN THIS PARAGRAPH (c), "INFLATION"
MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT
OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE INDEX FOR
DENVERBOULDER, ALL ITEMS, ALL URBAN CONSUMERS, OR ITS SUCCESSOR
INDEX.
(III) THE SECRETARY OF STATE SHALL CERTIFY
THE ADJUSTED LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER
THE APPROPRIATE INFORMATION IS AVAILABLE, AND SUCH ADJUSTED LIMITATION
ON DAMAGES SHALL BE THE LIMITATION APPLICABLE TO ALL CLAIMS FOR
RELIEF THAT ACCRUE ON OR AFTER JANUARY 1, 1998.
(IV) NOTHING IN THIS SUBSECTION (3) SHALL
CHANGE THE LIMITATIONS ON DAMAGES SET FORTH IN SECTION 13-64-302,
OR THE LIMITATION ON DAMAGES SET FORTH IN SECTION 33-44-113, C.R.S.
SECTION 5. Part
2 of article 21 of title 13, Colorado Revised Statutes, 1987 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
1321203.7. Adjustment of
dollar limitations for effects of inflation.
(1) THE LIMITATIONS ON NONECONOMIC DAMAGES SET FORTH
IN SECTION 1321203 (1) AND THE AMOUNT OF THE
SOLATIUM SET FORTH IN SECTION 1321203.5 SHALL BE ADJUSTED
FOR INFLATION AS OF JANUARY 1, 1998. THE ADJUSTMENT MADE ON JANUARY
1, 1998, SHALL BE BASED ON THE CUMULATIVE ANNUAL ADJUSTMENT FOR
INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE OF THE DAMAGES
LIMITATIONS IN SECTIONS 1321203 (1) AND 1321203.5.
THE ADJUSTMENT MADE PURSUANT TO THIS SUBSECTION (1) SHALL BE ROUNDED
UPWARD OR DOWNWARD TO THE NEAREST TENDOLLAR INCREMENT.
(2) AS USED IN THIS SECTION, "INFLATION"
MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT
OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE INDEX FOR
DENVERBOULDER, ALL ITEMS, ALL URBAN CONSUMERS, OR ITS SUCCESSOR
INDEX.
(3) THE SECRETARY OF STATE SHALL CERTIFY
THE ADJUSTED LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER
THE APPROPRIATE INFORMATION IS AVAILABLE, AND SUCH ADJUSTED LIMITATION
ON DAMAGES SHALL BE THE LIMITATION APPLICABLE TO ALL CLAIMS FOR
RELIEF THAT ACCRUE ON OR AFTER JANUARY 1, 1998.
SECTION 6. Effective date.
This act shall take effect at 12:01 a.m. on the day following
the expiration of the ninetyday period after final adjournment
of the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO