C.R.S. § 24-90-202 — CO Code / Title 24 / Article 90 / Part 2 / Section 24-90-202
24-90-202. Definitions
Status: in_force

24-90-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Center" means that section of the state library responsible for the state publications depository and distribution functions.

(2) "Depository library" means a library designated to collect, maintain, and make available to the general public state agency publications.

(3) "State agency" means every state office, whether legislative, executive, or judicial, and all of its respective officers, departments, divisions, bureaus, boards, commissions, and committees, all state-supported colleges and universities which are defined as state institutions of higher education, and other agencies which expend state-appropriated funds.

(4) "State publication" means any information for public distribution, regardless of format, method of reproduction, source, or copyright that is produced, purchased for distribution, or authorized, with the imprint of, or at the total or partial expense of the agency, with the exception of correspondence, interoffice memoranda, or those items detailed by section 24-72-204. "State publication" includes, without limitation, information available electronically by means of computer diskettes, compact discs, computer tapes, other electronic storage media, or a public telecommunications network.
C.R.S. § 24-50.5-105.5 — CO Code / Title 24 / Article 50.5 / Section 24-50.5-105.5
24-50.5-105.5. Nondisclosure agreements - protection of state employees - definitions
Status: in_force

24-50.5-105.5. Nondisclosure agreements - protection of state employees - definitions. (1) (a) Neither the state nor any department, institution, or agency of the state shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the state or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of:

(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;

(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;

(III) Nonpublic and confidential labor relations positions and strategies;

(IV) Attorney work product;

(V) Vendor lists and vendor preferences;

(VI) State business-related information received from a third party that the third party has designated confidential;

(VII) Information and matters related to state active duty orders of national guard soldiers and airmen and personnel disputes subject to the jurisdiction of the United States department of defense;

(VIII) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;

(IX) Information bearing on the specialized details of security arrangements or investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;

(X) Information derived from communications of the employer related to threatened or pending legal or administrative action;

(XI) Discussions that occur in an executive session authorized by section 24-6-402;

(XII) Trade secrets or information derived from trade secrets or proprietary information of the employer;

(XIII) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of this title 24; or

(XIV) Trade secrets owned by the employer.

(b) Any provision in any contract or agreement that violates subsection (1)(a) of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of:

(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;

(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;

(III) Nonpublic and confidential labor relations positions and strategies;

(IV) Attorney work product;

(V) Vendor lists and vendor preferences;

(VI) State business-related information received from a third party that the third party has designated confidential;

(VII) Information and matters related to state active duty orders of national guard soldiers and airmen and personnel disputes subject to the jurisdiction of the United States department of defense;

(VIII) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;

(IX) Information bearing on the specialized details of security arrangements or investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;

(X) Information derived from communications of the employer related to threatened or pending legal or administrative action;

(XI) Discussions that occur in an executive session authorized by section 24-6-402;

(XII) Trade secrets or information derived from trade secrets or proprietary information of the employer;

(XIII) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of this title 24; or

(XIV) Trade secrets owned by the employer.

(2) (a) Neither the state nor any of its departments, institutions, or agencies shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.

(b) Any employer who enforces or attempts to enforce a provision deemed by a court to be against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.

(c) An action to enforce a provision of this section must be brought in the district court for the district in which the employee is primarily employed.

(3) A settlement agreement between an employer that is the state or a department, institution, or agency of the state and an employee of the state or the department, institution, or agency of the state must be signed by both the employer and the employee.

(4) A nondisclosure agreement must state that state employees are protected from retaliation for disclosure of information about state agencies that are working outside the public interest in accordance with the provisions of this article 50.5.

(5) A nondisclosure agreement may not prohibit the release of information required to be released under the "Colorado Open Records Act", part 2 of article 72 of this title 24.

(6) Nothing in this section prevents an employer from requiring an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.

(7) As used in this section:

(a) "Condition of employment" means an employment-related policy, practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer.

(b) "Employee" means an applicant for employment with or a current or past employee of the state or a department, institution, or agency of the state.

(c) "The state" includes without limitation each of the state officers listed in section 1 of article IV of the state constitution as well as the executive, legislative, and judicial departments of the government of the state.
C.R.S. § 24-31-318 — CO Code / Title 24 / Article 31 / Part 3 / Section 24-31-318
24-31-318. Administrative law judge appointment
Status: in_force

24-31-318. Administrative law judge appointment. The P.O.S.T. board chairperson may appoint an administrative law judge or hearing officer pursuant to article 4 of this title 24 to conduct hearings, administer oaths, take affirmations of witnesses, issue subpoenas compelling the attendance of witnesses and production of records, rule on evidence, make findings, and report the findings to the P.O.S.T. board for any proceedings or actions authorized under this part 3.
C.R.S. § 24-80-912 — CO Code / Title 24 / Article 80 / Part 9 / Section 24-80-912
24-80-912. State gemstone
Status: in_force

24-80-912. State gemstone. The aquamarine is hereby made and declared to be the state gemstone of the state of Colorado.
C.R.S. § 24-18-302 — CO Code / Title 24 / Article 18 / Part 3 / Section 24-18-302
24-18-302. Notice of intent to use facial recognition service - accountability reports - pu
Status: in_force

24-18-302. Notice of intent to use facial recognition service - accountability reports - public review and comment - notice - exemption. (1) On and after August 10, 2022, an agency that uses or intends to develop, procure, or use a facial recognition service shall file with its reporting authority a notice of intent to develop, procure, use, or continue to use the facial recognition service and specify a purpose for which the technology is to be used.

(2) Except as described in subsection (8) of this section, after filing the notice of intent described in subsection (1) of this section, and prior to developing, procuring, using, or continuing to use a facial recognition service, an agency shall produce an accountability report for the facial recognition service. An accountability report must include:

(a) (I) The name, vendor, and version of the facial recognition service; and

(II) A description of its general capabilities and limitations, including reasonably foreseeable capabilities outside the scope of the agency's proposed use;

(b) (I) The type of data inputs that the facial recognition service uses;

(II) How data is generated, collected, and processed; and

(III) The type of data the facial recognition service is reasonably likely to generate;

(c) A description of the purpose and proposed use of the facial recognition service, including:

(I) What decision will be used to make or support the facial recognition service; and

(II) The intended benefits of the proposed use, including any data or research demonstrating those benefits;

(d) A clear use and data management policy, including protocols for the following:

(I) How, when, and by whom the facial recognition service will be deployed or used; to whom data will be available; the factors that will be used to determine where, when, and how the technology is deployed; and other relevant information, such as whether the technology will be operated continuously or used only under specific circumstances;

(II) If the facial recognition service will be operated or used by an entity on the agency's behalf, a description of the entity's access and any applicable protocols;

(III) Any measures taken to minimize inadvertent collection of additional data beyond the amount necessary for the specific purpose for which the facial recognition service will be used;

(IV) Data integrity and retention policies applicable to the data collected using the facial recognition service, including how the agency will maintain and update records used in connection with the service, how long the agency will keep the data, and the processes by which data will be deleted;

(V) What processes will be required prior to each use of the facial recognition service;

(VI) Data security measures applicable to the facial recognition service, including:

(A) How data collected using the facial recognition service will be securely stored and accessed; and

(B) If an agency intends to share access to the facial recognition service or the data from that facial recognition service with any third party that is not a law enforcement agency, the rules and procedures by which the agency will ensure that the third party complies with the agency's use and data management policy;

(VII) The agency's training procedures, including those implemented in accordance with section 24-18-305, and how the agency will ensure that all personnel who operate the facial recognition service or access its data are knowledgeable about and able to ensure compliance with the use and data management policy before using the facial recognition service; and

(VIII) Any other policies that will govern use of the facial recognition service;

(e) The agency's testing procedures, including its processes for periodically undertaking operational tests of the facial recognition service in accordance with section 24-18-304;

(f) Information concerning the facial recognition service's rate of false matches, potential impacts on protected subpopulations, and how the agency will address error rates that are determined independently to be greater than one percent;

(g) A description of any potential impacts of the facial recognition service on civil rights and liberties, including potential impacts to privacy and potential disparate impacts on marginalized communities, including the specific steps the agency will take to mitigate the potential impacts; and

(h) The agency's procedures for receiving feedback, including the channels for receiving feedback, from individuals affected by the use of the facial recognition service and from the community at large, as well as the procedures for responding to feedback.

(3) Prior to finalizing an accountability report, an agency shall:

(a) Allow for a public review and comment period;

(b) Hold at least three public meetings to obtain feedback from communities; and

(c) Consider the issues raised by the public through the public meetings.

(4) At least ninety days before an agency puts a facial recognition service into operational use, the agency shall post the final adopted accountability report on the agency's public website and submit it to the agency's reporting authority. The reporting authority shall post the most recent version of each submitted accountability report on its public website.

(5) An agency shall update its final accountability report and submit the updated accountability report to the agency's reporting authority at least every two years.

(6) An agency seeking to procure a facial recognition service must require each vendor to disclose any complaints or reports of bias regarding the vendor's facial recognition service.

(7) An agency seeking to use a facial recognition service for a purpose not disclosed in the agency's existing accountability report must:

(a) Seek and consider public comments and community input concerning the proposed new use; and

(b) In response to such comments and input, adopt an updated accountability report as described in this section.

(8) The requirements of subsections (2), (3), (4), (5), and (7) of this section concerning accountability reports do not apply to an agency's procurement or use of a facial recognition service if:

(a) The facial recognition service is part of a generally available consumer product;

(b) The facial recognition service is included in the consumer product only for personal or household use; and

(c) The agency certifies publicly that the facial recognition service is not the reason for the agency's procurement or use of the consumer product and will not be used for governmental purposes.
C.R.S. § 24-1-125 — CO Code / Title 24 / Article 1 / Section 24-1-125
24-1-125. Department of local affairs - creation
Status: repealed

24-1-125. Department of local affairs - creation. (1) There is hereby created a department of local affairs, the head of which shall be the executive director of the department of local affairs, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have those powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title.

(2) The department of local affairs consists of the following divisions:

(a) (I) The division of local government, the head of which is the director of local government. The division of local government and the office of the director of local government, created in part 1 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.

(II) The division of local government includes the Colorado resiliency office, the head of which is the director of the Colorado resiliency office. The Colorado resiliency office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of local government and the department of local affairs.

(b) The division of property taxation, the head of which is the property tax administrator, created in section 39-2-101. The division of property taxation and the property tax administrator are type 1 entities, as defined in section 24-1-105. Except for the powers, duties, and functions of the former Colorado tax commission that are vested with the board of assessment appeals pursuant to subsection (3) of this section, the powers, duties, and functions of the property tax administrator and the division of property taxation, as is otherwise provided in law, include the rule-making, administrative, and enforcement powers, duties, and functions of the former Colorado tax commission.

(c) (I) The division of commerce and development, the head of which is the director of commerce and development. The division of commerce and development and the office of the director thereof, created in part 3 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.

(II) Repealed.

(d) and (e) Repealed.

(f) The division of housing, created in the "Colorado Housing Act of 1970", part 7 of article 32 of this title 24. The division of housing is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of local affairs.

(g) The division of planning, the head of which is the director of the division of planning. The division of planning and the office of the director, created in part 2 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.

(h) Repealed.

(i) The office of rural development, the head of which is the coordinator of rural development. The office of rural development and the position of coordinator of rural development, created in part 8 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.

(j) Repealed.

(k) The office of the Colorado youth service corps, created in part 20 of article 32 of this title 24. The office of the Colorado youth service corps is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of local affairs.

(l) and (m) Repealed.

(3) The board of assessment appeals, created in article 2 of title 39, is vested with the quasi-judicial powers, duties, and functions of the former Colorado tax commission, and constitutes a part of the department of local affairs. The board of assessment appeals is a type 1 entity, as defined in section 24-1-105.

(4) The advisory committee to the property tax administrator, created in article 2 of title 39, constitutes a part of the department of local affairs . The advisory committee to the property tax administrator is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(5) to (9) Repealed.

(10) The office of smart growth, created in section 24-32-3203, in the department of local affairs is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(11) The office of homeless youth services is created in the department pursuant to section 24-32-723.
C.R.S. § 24-72.3-101 — CO Code / Title 24 / Article 72.3 / Section 24-72.3-101
24-72.3-101. Definitions
Status: in_force

24-72.3-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Public entity" means an agency, department, board, division, bureau, commission, council, authority, special district, or political subdivision of the state or a local government.
C.R.S. § 24-51-307 — CO Code / Title 24 / Article 51 / Part 3 / Section 24-51-307
24-51-307. Elected municipal officials
Status: repealed

24-51-307. Elected municipal officials. (1) (a) Any elected official of a municipality which is affiliated with the association shall, within sixty days after taking office, make a one-time, irrevocable written election to become a member or to be exempted from membership. In the absence of a written election to be exempted from membership, an elected municipal official shall be a member.

(b) Notwithstanding any other provision of the law to the contrary, any elected official of a municipality which is affiliated with the association may, on or before August 1, 1992, elect to be retroactively exempted from membership during all or any portion of the time period beginning on July 1, 1991, and continuing until such day of election of exemption from membership.

(2) Repealed.
C.R.S. § 24-4.2-105 — CO Code / Title 24 / Article 4.2 / Section 24-4.2-105
24-4.2-105. Allocation of money from fund - application for grants - disbursements - repeal
Status: repealed

24-4.2-105. Allocation of money from fund - application for grants - disbursements - repeal. (1) Thirteen percent of the aggregate amount of the moneys in the fund, after payment of the expenses specified in section 24-4.2-103 (4), shall be deposited with the state treasurer to the credit of the fund created pursuant to section 24-33.5-506.

(2) Not less than eighty-five percent of the net aggregate of the fund remaining after the deduction of the amounts specified in subsection (1) of this section shall be allocated for the purchase of victims and witnesses services pursuant to subsection (4) of this section, and the remaining moneys may be allocated to the police departments, sheriffs' departments, and district attorneys for the purposes specified in subsection (3) of this section.

(2.5) (a) The board shall not accept, evaluate, or approve any application requesting grants of money from the fund submitted by, or on behalf of, any state agency, including local offices of such agencies; except that:

(I) The court administrator of each judicial district may apply for grants of moneys for the purpose of collecting all moneys assessed by the courts, including moneys owed pursuant to this article, and collecting and disbursing restitution owed to victims of crime; and

(II) The local probation department may apply for grants of moneys for the purpose of implementing the rights of victims established pursuant to article 4.1 of this title.

(b) The state judicial department shall study alternative methods for funding the collection of restitution owed to victims of crime.

(3) The board shall accept and evaluate applications from the law enforcement agencies listed in subsection (2) of this section requesting grants of moneys for the following purposes, including, but not limited to, purchase of equipment, training programs, and additional personnel. Such moneys shall not be used for defraying the costs of routine and ongoing operating expenses.

(4) The board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies which the board deems appropriate. Victims and witnesses assistance services may be used for the following:

(a) Provision of services for early crisis intervention;

(b) Provision of telephone lines for victims and witnesses assistance;

(c) Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation;

(c.5) Assistance programs for victims and their families;

(d) Education of victims and witnesses about the operation of the criminal justice system;

(e) Assistance in prompt return of the victims' property;

(f) Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case;

(g) Intercession with the employers or creditors of victims or witnesses;

(h) Assistance to the elderly and to persons with disabilities in arranging transportation to and from court;

(i) Provision of translator services;

(j) Coordination of efforts to assure that victims have a secure place to wait before testifying;

(k) Provision of counseling or assistance during court appearances when appropriate;

(l) Protection from threats of harm and other forms of intimidation; and

(m) Special advocate services.

(4.3) (a) Moneys allocated for the purposes specified in subsections (3) and (4) of this section shall only be used for the purchases of equipment, training programs, additional personnel, and victims and witnesses services that are directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304.

(b) Equipment that may be purchased with such moneys includes technical equipment directly related to the immediate individual physical safety of crime victims.

(c) Grants of moneys may be approved for registration fees and expenses for lodging, travel, and meals for those in-state training programs specifically directed toward delivery of services to crime victims and for the actual cost of providing the necessary staff training directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Nothing in this subsection (4.3) shall preclude volunteer board members from receiving reimbursement for actual and necessary expenses incurred at in-state training programs held pursuant to this paragraph (c). Expenses for lodging, travel, and meals which may be reimbursed pursuant to this paragraph (c) shall not exceed the state government expense reimbursement guidelines.

(4.7) A requesting agency or person shall acknowledge in writing that such agency or person has read and understands the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Such written acknowledgment shall be attached to such requesting agency's or person's application for moneys pursuant to this section. The board shall not accept for evaluation any application for a grant of moneys pursuant to this section until the requesting agency or person provides the board with such written acknowledgment.

(5) The board shall specify levels and types of services to be provided pursuant to this section and shall review expenditures in accord with these standards.

(6) Upon a finding by the board that a disbursement shall be made from the fund, the board shall submit a written request for payment to the court administrator who shall remit payment in accordance with the request.

(6.5) (a) The victims and witnesses assistance and law enforcement board for the eighteenth judicial district, in consultation with the district attorney for the eighteenth judicial district and the interim chief judge for Douglas, Elbert, and Lincoln counties, has the authority to contract for services consistent with this section on behalf of the board for the twenty-third judicial district for services and grant applications to be provided from July 1, 2024, through June 30, 2025. The eighteenth judicial district victims and witnesses assistance and law enforcement board shall report to the department of public safety concerning grants applied for and services contracted for on behalf of the twenty-third judicial district pursuant to section 24-4.2-108 (1).

(b) This subsection (6.5) is repealed, effective July 1, 2025.

(7) For purposes of this section:

(a) "Victim" and "witness" mean "victim" and "witness" as defined in section 24-4.1-302.

(b) "Special advocate services" means the services offered to aid victims who are children, including, but not limited to, court-appointed special advocate (CASA) programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs, gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs.

(c) "Court-Appointed Special Advocate" or "CASA" means a trained volunteer appointed by the court pursuant to the provisions of part 2 of article 1 of title 19, C.R.S., in a district to aid the court by providing independent and objective information as directed by the court, regarding children involved in actions brought pursuant to this title.
C.R.S. § 24-4.1-116 — CO Code / Title 24 / Article 4.1 / Part 1 / Section 24-4.1-116
24-4.1-116. Subrogation
Status: in_force

24-4.1-116. Subrogation. The acceptance of approved compensation made pursuant to this part 1 subrogates the state, to the extent of the approved amount, to any right or right of action accruing to the applicant.
C.R.S. § 24-51-205 — CO Code / Title 24 / Article 51 / Part 2 / Section 24-51-205
24-51-205. General authority of the board
Status: in_force

24-51-205. General authority of the board. (1) The board shall have the authority to determine membership status within the state, school, local government, judicial, and Denver public schools divisions; exemptions from membership; eligibility for benefits, life insurance, health care, the voluntary investment program, the association's defined contribution plan, and the deferred compensation plan; and service credit and salary to be used in calculations pursuant to the provisions of this article. Such decisions by the board may be appealed through the administrative review procedures set forth in the board rules. Such final decision by the board shall be subject only to review by proper court action.

(2) The board is authorized to accept on behalf of the association any moneys or properties received in the form of donations, gifts, appropriations, bequests, forfeitures, or otherwise, or income derived therefrom. This subsection (2) does not allow the board to accept or retain money held by the association that is presumed to be abandoned pursuant to section 38-13-216.

(3) The board is authorized to recover, through legal process or offset, any amount paid as benefits, refunds, single payments, premium subsidies, or other payments, to which the recipient is not entitled, with interest, plus attorney fees and costs associated with such recovery. If it is determined that the recipient was entitled to the amount paid, the recipient shall be entitled to the attorney fees and costs that he or she incurred in defending the legal action or offset initiated by the board.

(3.5) The board is authorized to settle or compromise any dispute on behalf of the association. The board may consider relevant factors regarding any dispute, including but not limited to the cost of litigation, the likelihood of success on the merits, the cost of delay in resolving the dispute, and the actuarial impact on the fund, in determining whether to settle or compromise the dispute.

(4) The board is authorized to use and hold property in a nominee partnership composed of trustees or employees of the association, designated by the board through appropriate resolution, to facilitate investment sale and exchange transactions. The partners of the nominee partnership shall be insured pursuant to the provisions of section 24-51-204 (9).

(5) The board may hold discussions in executive sessions which shall be closed to the public, in accordance with the provisions of section 24-51-204 (2).

(6) (a) The board may delegate any of its responsibilities, duties, and authorities as set forth in this article to the executive director of the association or to designated agents of the association. Subject to paragraph (b) of this subsection (6), the executive director may correct an administrative error made by the board, the executive director, or the employees of the association and may make any appropriate correcting adjustments upon receiving written documentation of the following:

(I) That the error was an administrative error of the plan;

(II) That the error was not caused or contributed to in whole or in part by an employer, member, retiree, or other person eligible to receive payments from the association; and

(III) That the error was discovered on or after July 1, 1997.

(b) The executive director shall file a report monthly with the board setting forth the administrative errors corrected pursuant to paragraph (a) of this subsection (6). Such corrections shall be subject to board review after which the board may take any action it deems appropriate with regard to such errors.

(7) The board is authorized to purchase and maintain appropriate annuity contracts for the purpose of providing a voluntary contribution program to qualified employees of affiliated employers pursuant to section 403 (b) of the federal "Internal Revenue Code of 1986", as amended, and to create a separate trust fund to hold the assets of the program.
C.R.S. § 24-31-702 — CO Code / Title 24 / Article 31 / Part 7 / Section 24-31-702
24-31-702. Colorado domestic violence fatality review board - creation - membership - purpo
Status: in_force

24-31-702. Colorado domestic violence fatality review board - creation - membership - purpose - duties. (1) The Colorado domestic violence fatality review board is established in the department to:

(a) Examine data collected by review teams during the preceding year;

(b) Identify measures to help prevent domestic violence fatalities and near-death incidents;

(c) Establish uniform methods for collecting, analyzing, and storing data relating to domestic violence fatalities and near-death incidents; and

(d) Make annual policy recommendations concerning domestic violence to the general assembly.

(2) (a) The review board includes the attorney general or his or her designee, who shall act as chair, and at least seventeen but not more than twenty other members, to be appointed by the attorney general on or before October 1, 2017, as follows:

(I) A medical professional with forensic experience;

(II) A domestic violence advocate representing a shelter or other domestic violence service organizations, who may not testify without consent of a victim pursuant to section 13-90-107 (1)(k)(II);

(III) A criminal defense attorney;

(IV) A representative of a law enforcement agency;

(V) The executive director of the department of public health and environment, or his or her designee;

(VI) A representative of a city attorney's office in Colorado who has experience working with victims of domestic violence or prosecuting domestic violence offenders;

(VII) A representative of a statewide nonprofit organization that offers training and expert advice to domestic violence programs that serve survivors of domestic violence, dating violence, and stalking;

(VIII) A representative of the department of human services' adult protection services;

(IX) A representative of the department of human services' child protection services;

(X) A representative of a probation, parole, or community corrections program;

(XI) A representative designated by the Colorado district attorneys' council;

(XII) A representative of a domestic violence treatment provider specializing in offender treatment;

(XIII) Two domestic violence survivors;

(XIV) A representative of the domestic violence offender management board created in section 16-11.8-103;

(XV) A representative of the Denver metro domestic violence fatality review committee;

(XVI) A judge or magistrate; and

(XVII) Such other members as the attorney general may determine, whose contributions would be valuable to the work of the review board; except that the attorney general may not appoint more than two members pursuant to this subsection (2)(a)(XVII).

(b) The review board must, to the extent practicable:

(I) Include members from throughout the state;

(II) Include members with disabilities;

(III) Reflect the ethnic diversity of the state; and

(IV) Include members who have knowledge of and experience with domestic violence.

(c) Members of the review board, other than the attorney general, serve for four-year terms and are eligible for reappointment no more than two times at the expiration of a four-year term.

(d) Members of the review board serve without compensation but may receive per diem and reimbursement for costs, subject to the availability of funds.

(e) The attorney general may fill any vacancies on the review board at any time.

(f) Before commencing service on the review team, each member shall submit the member's fingerprints to the Colorado bureau of investigation for the purposes of a criminal background check. The bureau shall forward the results of each background check to the attorney general. When the results of a fingerprint-based criminal history record check of a member performed pursuant to this section reveal a record of arrest without a disposition, the attorney general shall require that member to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(3) The review board shall convene its first meeting on or before November 1, 2017, and shall meet thereafter as determined by the membership.

(4) The review board shall coordinate with review teams to collect data, review and analyze the data, and prepare recommendations for the general assembly. The review board shall submit a written report of its recommendations to the health and human services and judiciary committees of the senate and the public health care and human services and judiciary committees of the house of representatives, or any successor committees, on or before December 1, 2018, and on or before December 1 each year thereafter. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report required in this subsection (4) expires on September 1, 2022. The review board shall make the report available to the public on the department's website. The report may include, but is not limited to, the following:

(a) Recommendations for improving communication between public and private organizations and agencies;

(b) The number of domestic violence fatalities and near-death incidents that occurred in each county during the preceding year and the factors associated with each fatality;

(c) Recommendations for:

(I) Reducing the incidence of domestic violence in the state; and

(II) Improving responses to domestic violence incidents by the legal system and by communities; and

(d) Recommendations directed at primary prevention of domestic violence.

(5) Case review data will be stored in the manner determined by the review board. The review board shall work with review teams to incorporate and maintain existing data collection methods.

(6) In addition to collaborating with review teams, the review board may collaborate with other agencies or organizations to fulfill its duties pursuant to this part 7.

(7) Notwithstanding any provision of this section, the review board is authorized to review case data only from cases that have been closed by each law enforcement agency that investigated or prosecuted each such case.

(8) The review board shall provide technical assistance and training to local governments as needed to help establish and maintain a review team and shall provide technical assistance and training to existing review teams as needed.

(9) The review board shall pursue implementation of any review board recommendations pertaining, but not limited to:

(a) Improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk;

(b) Reducing the incidence of domestic violence and domestic violence fatalities in the state; and

(c) Improving responses to domestic violence incidents.

(10) The review board shall provide any necessary coordination between local governments and organizations to assist with domestic violence prevention and responses to fatalities.

(11) The review board shall make a recommendation in its 2022 annual written report whether and how diversity, equity, and inclusion training could be provided for individuals who provide initial call response functions and could be provided for local boards who may conduct a fatality review to create greater trust between local agencies and victims of domestic violence.

(12) (a) The review board shall coordinate with stakeholders to develop best practices for collecting data on domestic violence-related fatalities.

(b) The review board and local review teams shall coordinate to implement effective information-sharing related to identified domestic violence fatalities.

(13) (a) The review board shall perform outreach to local governments and organizations to promote the development of local review teams.

(b) The review board shall prioritize development and support of local review teams in underserved and rural communities.
C.R.S. § 24-75-111.5 — CO Code / Title 24 / Article 75 / Part 1 / Section 24-75-111.5
24-75-111.5. Additional authority for controller to allow expenditures for capital constructi
Status: in_force

24-75-111.5. Additional authority for controller to allow expenditures for capital construction items in certain circumstances - definition. (1) For purposes of this section, "nonmonetary adjustment" means a change that does not affect the amount of the appropriation, including a name change, an extension of time for completion, a scope change, a transfer between departments, or other such similar changes.

(2) For fiscal years commencing on or after July 1, 2015, the controller may allow any department, institution, or agency of the state, including any institution of higher education, to expend moneys differently from the authority granted by an item of appropriation for a capital construction budget item or an information technology capital project if the capital construction, controlled maintenance, capital renewal project, or information technology capital project that the appropriation was for requires a nonmonetary adjustment for its timely continuation and the nonmonetary adjustment is due to unforeseen circumstances arising while the general assembly is not meeting in regular or special session during which such nonmonetary adjustment would be legislatively addressed, under the following circumstances:

(a) If the nonmonetary adjustment is in regard to a capital construction budget item and is requested by a department, institution, or agency of the state other than the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the office of state planning and budgeting for approval and the office of state planning and budgeting has approved the nonmonetary adjustment, in whole or in part; and

(II) Upon approval by the office of state planning and budgeting, the request for the nonmonetary adjustment has been submitted to the capital development committee for consideration; and

(III) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the capital development committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(IV) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee; or

(b) If the nonmonetary adjustment is in regard to a capital construction budget item and is requested by the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the capital development committee for consideration; and

(II) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the capital development committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(III) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee.

(c) If the nonmonetary adjustment is in regard to an information technology capital project and is requested by a department, institution, or agency of the state other than the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the office of state planning and budgeting for approval and the office of state planning and budgeting has approved the nonmonetary adjustment, in whole or in part;

(II) Upon approval by the office of state planning and budgeting, the request for the nonmonetary adjustment has been submitted to the joint technology committee of the general assembly for consideration;

(III) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the joint technology committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(IV) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee; or

(d) If the nonmonetary adjustment is in regard to an information technology capital project and is requested by the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the joint technology committee of the general assembly for consideration;

(II) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the joint technology committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(III) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee.

(3) Any department, institution, or agency of the state requesting a nonmonetary adjustment pursuant to subsection (1) of this section shall make the request in such form and shall include in the request such information as may be required by the office of state planning and budgeting, the capital development committee, the joint technology committee, and the joint budget committee, as applicable.

(4) Nonmonetary adjustments must be consistent with the original purpose for which the appropriation was made and may not change the amount of the appropriation.

(5) The joint budget committee shall introduce a supplemental appropriation for the fiscal year in which the nonmonetary adjustment occurred that reflects the nonmonetary adjustment.
C.R.S. § 24-49.7-103 — CO Code / Title 24 / Article 49.7 / Section 24-49.7-103
24-49.7-103. Colorado tourism office - creation - board of directors - definitions
Status: in_force

24-49.7-103. Colorado tourism office - creation - board of directors - definitions. (1) In order to implement the state policies declared in this article, there is hereby created within the office of the governor the Colorado tourism office. The office shall be governed by a board of directors.

(2) (a) The board shall consist of fifteen members. It is the intent of the general assembly that members on the board shall represent diverse geographic areas, statewide associations, and small business owners who can show a direct correlation between the success of the statewide efforts of the office and the economic support of their community and the industry they represent.

(b) Eleven members shall be appointed by the governor and confirmed by the senate. Two of such members shall represent small business owners and two shall be residents of a small community. As used in this subsection (2), "small business" shall be defined for each representative industry by the association that represents that industry and "small community" shall mean a city or town with fewer than fifty persons employed full-time in tourism-based industries in such city or town or a permanent population of less than fifteen thousand people. Of the members appointed by the governor, two shall be appointed at large from tourism-based industries and one member shall be appointed from each of the following industries and groups from lists submitted by such industries and groups:

(I) The hotel, motel, and lodging industry;

(II) The food, beverage, and restaurant industry;

(III) The ski industry;

(IV) Private travel attractions and casinos;

(V) Other outdoor recreation industries;

(VI) Tourism-related transportation industries;

(VII) The tourism-related retail industry;

(VIII) The destination marketing industry; and

(IX) Cultural event and facility groups.

(c) Two members shall be from the house of representatives to be appointed as follows: One member shall be appointed by the speaker of the house of representatives, and one member shall be appointed by the minority leader of the house of representatives. Two members shall be from the senate to be appointed as follows: One member shall be appointed by the president of the senate, and one member shall be appointed by the minority leader of the senate. The four legislative members shall be appointed as soon as practicable after the convening date of the first regular session of each general assembly. Terms of members appointed pursuant to this subsection (2)(c) shall expire on the convening date of the first regular session of each general assembly. Subsequent appointments or reappointments shall be made as soon as practicable after such convening date, and members shall continue in office until the member's successor is appointed. Legislative members may be appointed for succeeding terms as long as they are serving as members of the general assembly. The person making the original appointment shall fill any vacancy by appointment for the remainder of an unexpired term.

(3) The term of each member appointed by the governor is four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. A member appointed by the governor to fill a vacancy arising other than by expiration of a member's term shall be appointed for the unexpired term of the member whom he or she is to succeed and any such appointment shall be made within ninety days after the vacancy occurs. Any member appointed by the governor shall be eligible for reappointment for one additional four-year term.

(4) A member shall serve at the pleasure of his or her appointing authority. The chairperson of the board shall be elected annually by members of the board at their first meeting held after the commencement of each state fiscal year. A majority of the members of the board shall constitute a quorum for conducting the business of the board. If a quorum is present, the affirmative vote of the majority of the members present at the meeting shall be the act of the board.

(5) The board shall meet quarterly or at such other times as the chairperson may determine.

(6) Except as otherwise provided in section 2-2-326, C.R.S., members shall serve without compensation but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. The board shall adopt such rules governing its procedure as it may consider necessary or advisable and shall keep a record of its proceedings, which record shall be open to inspection by the public at all reasonable times.
C.R.S. § 24-65.5-103 — CO Code / Title 24 / Article 65.5 / Section 24-65.5-103
24-65.5-103. Notice requirements
Status: in_force

24-65.5-103. Notice requirements. (1) Not less than thirty days before the date scheduled for the initial public hearing by a local government on an application for development, the applicant shall send notice, by certified mail, return receipt requested, or by a nationally recognized overnight courier, to:

(a) (I) A mineral estate owner who either:

(A) Is identified as a mineral estate owner in the county tax assessor's records, if those records are searchable by parcel number or by section, township, and range numbers or other legally sufficient description; or

(B) Has filed in the office of the county clerk and recorder in which the real property is located a request for notification in the form specified in subsection (3) of this section.

(II) Such notice shall contain the time and place of the initial public hearing, the nature of the hearing, the location and legal description by section, township, and range of the property that is the subject of the hearing, and the name of the applicant.

(b) The local government considering the application for development. Such notice shall contain the name and address of the mineral estate owners to whom notices were sent in accordance with paragraph (a) of this subsection (1).

(1.5) If an applicant files more than one application for development for the same new surface development with a local government, the applicant shall only be required to send notice pursuant to subsection (1) of this section of the initial public hearing scheduled for the first application for development to be considered by the local government. Local governments shall, pursuant to section 24-6-402 (7), provide notice of subsequent hearings to mineral estate owners who register for such notification.

(2) (a) The applicant shall identify the mineral estate owners entitled to notice pursuant to this section by examining the records in the office of the county tax assessor and clerk and recorder of the county in which the real property is located, including the appropriate request for notification pursuant to subsection (3) of this section. Notice shall be sent to the last-known address of the mineral estate owner as shown by such records.

(b) If such records do not identify any mineral estate owners, including their addresses of record, the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations under this article. The applicant shall not be liable for any errors or omissions in such records.

(3) A mineral estate owner who requests or desires to obtain notice under this article or the mineral estate owner's agent may file in the office of the county clerk and recorder of the county in which the real property is located a request for notification form that identifies the mineral estate owner's mineral estate and the corresponding surface estate by parcel number and by section, township, and range numbers or other legally sufficient description. The clerk and recorder shall file request for notification forms in the real estate records for the county and shall also keep an index of request for notification forms by section, township, and range numbers or by subdivision lots and blocks.

(4) Prior to convening an initial public hearing on an application for development, a local government shall require the applicant to certify that notice has been provided to the mineral estate owner pursuant to subsection (1) of this section.

(5) A mineral estate owner may waive the right to notice under this section in writing to the applicant. Failure of a mineral estate owner to be identified in the records described in paragraph (a) of subsection (1) of this section or to file a request for notification under subsection (3) of this section shall not waive the right of such mineral estate owner to file an objection with the local government to such application for development no later than thirty days following the initial public hearing for approval of the application for development or to exercise the remedies set forth in section 24-65.5-104.

(6) Before completing the sale of a mineral estate, a mineral estate owner who has received notice as the owner of the mineral estate of a pending public hearing with respect to an application for development pursuant to this section shall notify the buyer of the mineral estate of the existence of the application for development. A transfer of an interest in a mineral estate by a mineral estate owner following the filing of a request for notification pursuant to subsection (3) of this section shall not modify the address to which the applicant may deliver notice under paragraph (a) of subsection (1) of this section until the transferee of such interest has filed an amendment to the request for notification describing the address to which such notices shall be sent.
C.R.S. § 24-77-102 — CO Code / Title 24 / Article 77 / Part 1 / Section 24-77-102
24-77-102. Definitions
Status: repealed

24-77-102. Definitions. As used in this article 77, unless the context otherwise requires:

(1) (a) "Collections for another government" means any revenue that is collected by the state for the benefit and use of another government other than the state and passed through to that government other than the state for the benefit of and use by that government.

(b) For state fiscal years commencing on or after July 1, 2023, notwithstanding the definition of "collections for another government" in subsection (1)(a) of this section, the only revenues collected by the state for the benefit and use of another government other than the state and passed through to that government other than the state for the benefit of and use by that government that qualify as "collections for another government" without further identification by the general assembly are revenues collected pursuant to:

(I) The authority of the government for whose benefit the state collects the revenue;

(II) The authority of the state and apportioned to another government in connection with that government forgoing the imposition of certain taxes and collecting the corresponding tax revenue; or

(III) A constitutional requirement that the state collect the revenue for the benefit of another government.

(c) "Collections for another government", with respect to revenue that is collected in accordance with subsection (1)(b)(II) of this section, includes the revenue from the gross state cigarette tax, as defined in section 39-22-623 (1)(a)(II)(A), collected by the state pursuant to article 28 of title 39, and passed through by direct distribution to any government other than the state pursuant to sections 24-22-118 and 39-22-623.

(d) "Collections for another government", with respect to revenue that is collected in accordance with subsection (1)(b)(III) of this section, includes the limited gaming tax revenues that are collected by the state pursuant to section 9 (5)(a) of article XVIII of the state constitution and section 44-30-601 and passed through by direct distribution only, and not through grants, to any government other than the state pursuant to section 9 (5)(b)(II) and (5)(b)(III) of article XVIII of the state constitution and sections 44-30-701 (1)(d)(II) to (1)(d)(IV), 44-30-1201 (1), and 44-30-1202.

(2) "Damage award" means any pecuniary compensation received by the state as a result of any judgment or allowance in favor of the state.

(3) "Enterprise" means a government-owned business:

(a) Which has authority to issue its own revenue bonds; and

(b) Which receives less than ten percent of its annual revenues in grants from all state and local governments in Colorado combined.

(4) "Expenditure" means the appropriation or disbursement of any state general fund or cash fund moneys for any expense incurred by the state.

(5) "Federal funds" means any pecuniary resources received by the state from the national government of the United States.

(6) "Gift" means something of value which is given to the state voluntarily by any person or entity, regardless of whether such person or entity specifies the purpose or purposes for which such thing of value is to be used. "Gift" includes, but is not limited to, voluntary contributions received by the state as a result of any state voluntary contribution program established pursuant to article 22 of title 39, C.R.S. "Gift" does not include federal funds or any pecuniary compensation received by the state from any other governmental entity.

(7) (a) "Grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid.

(b) "Grant" does not include:

(I) Any indirect benefit conferred upon an enterprise from the state or any local government in Colorado;

(II) Any revenues resulting from rates, fees, assessments, or other charges imposed by an enterprise for the provision of goods or services by such enterprise;

(III) Any federal funds, regardless of whether such federal funds pass through the state or any local government in Colorado prior to receipt by an enterprise;

(IV) Any moneys received by the division of parks and wildlife, created in section 33-9-104, from the great outdoors Colorado trust fund established in section 2 of article XXVII of the state constitution;

(V) Any revenues received by the division of brand inspection created in section 24-1-123 (4)(g)(I).

(8) "Inflation" means the percentage change in the consumer price index for the Denver-Boulder consolidated metropolitan statistical area for all urban consumers, all goods, as published by the United States department of labor, bureau of labor statistics, or its successor index.

(9) "Pension contributions by employees" means the amount contributed by state employees to the retirement plans of such employees.

(10) "Pension fund earnings" means the amount which is earned from the investment of moneys set apart for the payment of retirement income for state employees.

(11) "Property sale" means:

(a) Any transfer of the ownership of an estate in tangible assets or intangible rights, excluding leasehold interests, in which or to which the state has rights protected by law from the state to any party for consideration; or

(b) Any contract resulting in the payment of pecuniary compensation to the state for permitting another to exploit, use, or market nonrenewable natural resources which are located on real property owned by the state and which are subject to depletion with use.

(12) "Reserve" means any unrestricted general fund or cash fund year-end balance which is held by the state to meet any needs or demands.

(13) "Reserve increase" means any action which has the effect of increasing a reserve.

(14) "Reserve transfers or expenditures" means moneys which are passed from one fund of cash or assets held by the state as a reserve to another such fund or moneys which are disbursed from such fund.

(15) (a) "Special purpose authority" means any entity that is created pursuant to state law to serve a valid public purpose, which is either a political subdivision of the state or an instrumentality of the state, which is not an agency of the state, and which is not subject to administrative direction by any department, commission, bureau, or agency of the state.

(b) "Special purpose authority" includes, but is not limited to:

(I) The Colorado housing and finance authority created pursuant to section 29-4-704, C.R.S.;

(II) The university of Colorado hospital authority created pursuant to section 23-21-503 (1), C.R.S.;

(III) The Colorado water resources and power development authority created pursuant to section 37-95-104 (1), C.R.S.;

(IV) Pinnacol Assurance created pursuant to section 8-45-101, C.R.S.;

(V) The Colorado educational and cultural facilities authority created pursuant to section 23-15-104 (1), C.R.S.;

(VI) The Colorado health facilities authority created pursuant to section 25-25-104 (1), C.R.S.;

(VII) (Deleted by amendment, L. 2000, p. 1296, § 19, effective May 26, 2000.)

(VIII) The Colorado agricultural development authority created pursuant to section 35-75-104 (1), C.R.S.;

(IX) The public employees' retirement association created pursuant to section 24-51-201 (1);

(X) The Denver health and hospital authority created pursuant to section 25-29-103 (1), C.R.S.;

(XI) The Pueblo depot activity development authority created pursuant to section 29-23-104, C.R.S.;

(XII) and (XIII) Repealed.

(XIV) The venture capital authority created in section 24-46-202;

(XV) The statewide internet portal authority created pursuant to section 24-37.7-102, C.R.S.;

(XVI) Repealed.

(XVII) The Colorado channel authority created pursuant to article 49.9 of this title;

(XVIII) Repealed.

(XIX) The Colorado electric transmission authority created in section 40-42-103 (1);

(XX) The middle-income housing authority created in section 29-4-1104 (1); and

(XXI) The equal justice authority created in section 13-5.7-202.

(16) (a) "State" means the central civil government of the state of Colorado, which shall consist of the following:

(I) The legislative, executive, and judicial branches of government established by article III of the state constitution;

(II) All organs of the branches of government specified in subparagraph (I) of paragraph (a) of this subsection (16), including the departments of the executive branch; the legislative houses and agencies; and the appellate and trial courts and court personnel; and

(III) State institutions of higher education.

(b) "State" does not include:

(I) Any enterprise;

(I.5) An institution or group of institutions of higher education that has been designated as an enterprise pursuant to section 23-5-101.7, C.R.S.;

(I.6) An institution or group of institutions of higher education that has been designated as an enterprise pursuant to section 23-5-101.8, C.R.S.;

(II) Any special purpose authority;

(III) Any organization declared to be a joint governmental entity under section 2-3-311 (2), C.R.S.

(17) (a) "State fiscal year spending" means all state expenditures and reserve increases occurring during any given fiscal year as established by section 24-30-204, including, but not limited to, state expenditures or reserve increases from:

(I) Moneys received by the state from enterprises; and

(II) Cash funds of state institutions of higher education. For purposes of this subparagraph (II), "cash funds" means funds received from tuition income, fees, indirect cost recoveries, and other sources of funds that can be appropriated as cash funds from state institutions of higher education, excepting those funds derived from gifts, federal funds, or other sources for which any expenditure or reserve increase is not subject to the provisions of section 20 of article X of the state constitution.

(III) and (IV) (Deleted by amendment, L. 2000, p. 2044, § 6, effective December 28, 2000.)

(b) "State fiscal year spending" does not include reserve transfers or expenditures or any state expenditures or reserve increases:

(I) For refunds of excess state revenues made in the current fiscal year or in the subsequent fiscal year;

(II) From gifts, including any interest earned thereon;

(III) From federal funds, including any interest earned thereon;

(IV) From collections for another government;

(V) From pension contributions by employees;

(VI) From pension fund earnings;

(VII) From damage awards, including any interest earned thereon;

(VIII) From property sales, including any interest earned on proceeds therefrom; and

(IX) From net proceeds from state-supervised lottery games, as defined in section 3 (1) of article XXVII of the state constitution.
C.R.S. § 24-48.5-605 — CO Code / Title 24 / Article 48.5 / Part 6 / Section 24-48.5-605
24-48.5-605. Small business recovery and resiliency loan program - creation - requirements -
Status: reserved

24-48.5-605. Small business recovery and resiliency loan program - creation - requirements - oversight. (1) (a) The office is authorized to enter into a contract or contracts to establish a small business recovery and resiliency loan program in accordance with this part 6.

(b) The purpose of the loan program is to support the state's recovery from the economic crisis caused by COVID-19 through leveraging private investment to support Colorado small businesses recovering from the crisis caused by COVID-19 by making loans, acquiring participation interest in loans, leveraging private small business lending through the Colorado credit reserve program, or other activities that accomplish the same purpose. The loan program is also designed to support resiliency for small businesses as new challenges emerge. The loan program may only make loans directly if federal or state bank regulators prohibit the banking industry from originating loans for the loan program.

(2) The office may contract with the Colorado housing and finance authority created in part 7 of article 4 of title 29 or with a bank, nonprofit organization, nondepository community development financial institution, business development corporation, certified public accountant firm, or fund manager to administer a loan program. If the office contracts with an entity other than the Colorado housing and finance authority to administer a loan program, the office shall use an open and competitive process to select the entity. The office shall consult with the oversight board in selecting and contracting with a loan program manager.

(3) (a) Notwithstanding any restriction on the investment of state money set forth in section 24-36-113 or in any other provision of law, subject to the availability of money in the small business recovery and resiliency fund and the requirements of this part 6, the office may provide first loss capital to a loan program or programs or to the Colorado credit reserve from the small business recovery and resiliency fund.

(I) and (II) (Deleted by amendment, L. 2024).

(b) The money provided under this subsection (3) must be provided in tranches of ten million dollars or less.

(4) Any contract for the administration of a loan program must include the following terms in order to receive money provided by the office pursuant to subsection (3) of this section:

(a) Except for money contributed to the Colorado credit reserve, the money from the small business recovery and resiliency fund provided by the office in a single tranche may not be committed pursuant to a contract relating to a loan program until money is committed pursuant to a contract relating to a loan program from other sources at a ratio of at least four dollars from other sources for each one dollar provided by the state from the small business recovery and resiliency fund. If a loan program manager does not secure sufficient investments from other sources to meet this requirement within the time allowed by a contract, the money provided by the state must be returned to the small business recovery and resiliency fund.

(b) Except for money contributed to the Colorado credit reserve, once the money in a tranche is matched in accordance with subsection (4)(a) of this section, it must be used to make loans or purchase participation interest in loans for working capital, including the purchase of equipment, to eligible borrowers, or other activities that accomplish the same purpose. The oversight board shall consult with lending industry leaders and representatives of small businesses with regard to subsections (4)(b)(I) to (4)(b)(VI) of this section. Each loan must be subject to the following terms:

(I) The loan must be in an amount of at least ten thousand dollars but not more than five hundred thousand dollars, as determined by the oversight board;

(II) The loan must have a maximum initial maturity of up to ten years, based on the need of the eligible borrower, with no penalty for prepayment, as determined by the oversight board. The originating lender may extend the term for purposes of restructuring the loan;

(III) The principal must be amortized over the term of the loan or a longer period, as determined by the oversight board;

(IV) Principal and interest payments may be deferred for up to one year, as determined by the oversight board, with the unpaid interest being capitalized. Deferrals must be limited to circumstances of hardship created by the COVID-19 pandemic or based on ongoing economic conditions.

(V) The loan must carry an interest rate that is lower than would otherwise be available on a risk-adjusted basis from a commercial lender or that bears terms that are not otherwise available from a commercial lender, as determined by the oversight board; and

(VI) The eligible borrower may provide a personal guarantee, collateral, or other security as determined by the oversight board, which may be subordinate to existing debt.

(c) (I) To ensure geographic equity, each tranche of loan funding must be subject to an initial period of time in which a portion of the money is allocated to each county on a basis proportional to the county's share of small businesses relative to the state, the county's share of small business employees relative to the state, the county's share of small business personal property relative to the state, or other similar metrics as determined by the oversight board, or based on a formula established under subsection (4)(c)(IV) of this section. The money allocated to each county must be reserved for applications from eligible borrowers located in that county for the initial period of time. For the purposes of this subsection (4)(c), an eligible borrower is considered to be located in the county in which it has its principal place of business, as reflected in its most recent filing with the secretary of state or subject to such other documentation as the oversight board establishes. The oversight board shall determine the amount of time in which the money in each tranche is subject to a geographic restriction under this subsection (4)(c)(I).

(II) Once the time period established by the oversight board under subsection (4)(c)(I) of this section has passed, all money remaining in the tranche is available to eligible borrowers on a statewide basis.

(III) For money contributed to the Colorado credit reserve, the oversight board may waive the requirements of this subsection (4)(c) or establish alternative geographic distribution requirements or targets.

(IV) For any tranche of loan funding, the oversight board may, in its discretion, establish an alternative formula for the allocation of money to counties for purposes of subsection (4)(c)(I) of this section that accounts for how affected each county has been by the COVID-19 pandemic and its impacts or based on ongoing economic conditions.

(d) (I) A loan program manager shall make every effort to achieve benchmarks published by the oversight board pursuant to section 24-48.5-604 (8)(d) for the percentage of loans supported by the program that are made to businesses owned by socially and economically disadvantaged individuals, including businesses owned by women, minorities, and veterans, and to businesses located in rural counties. A loan program manager shall consult with the minority business office within the office of the governor and the division of business funding and incentives within the office to develop an outreach strategy for marketing the loan program to businesses owned by women, minorities, and veterans and businesses located in rural counties.

(II) For money contributed to the Colorado credit reserve, the oversight board may waive the requirements of this subsection (4)(d) or may establish alternative benchmarks for the percentage of loans supported by the program that are made to businesses owned by socially and economically disadvantaged individuals, including businesses owned by women, minorities, and veterans, and to businesses located in rural counties.

(e) A loan program manager shall work with the division of business funding and incentives within the office to align the program with other access to capital programs in the state.

(5) If the money in a tranche is not fully invested in small business loans as determined by the oversight board in the time period allowed under a contract, the portion of the unused money provided by the state must be returned to the small business recovery and resiliency fund.

(6) Distributions or revenue paid to the state pursuant to a contract under this section must be deposited in the small business recovery and resiliency fund.

(7) The loan program manager shall report on the implementation of the loan program to the oversight board at least quarterly, within one month after the end of each calendar quarter, or more often if requested by the oversight board. The report must include the information necessary to allow the oversight board to provide the reports required in section 24-48.5-604 (12), and any additional information requested by the board.
C.R.S. § 24-75-226 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-226
24-75-226. "American Rescue Plan Act of 2021" cash fund - creation - recipient funds - limi
Status: repealed

24-75-226. "American Rescue Plan Act of 2021" cash fund - creation - recipient funds - limitations - reporting - appropriations - reduction in general fund appropriations - report - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "American Rescue Plan Act of 2021" means the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(a.5) "Coronavirus state fiscal recovery fund" means the federal fund created in 42 U.S.C. sec. 802, or any successor fund.

(a.7) "Discretionary account" means the discretionary account created in the fund in subsection (4)(a)(II) of this section.

(b) "Fund" means the "American Rescue Plan Act of 2021" cash fund created in subsection (2) of this section.

(c) "Office" means the office of state planning and budgeting created in section 24-37-102.

(c.5) "Personal services" has the same meaning as set forth in section 24-75-112 (1)(m).

(d) "Recipient fund" means a cash fund that includes any money that at one time was in the "American Rescue Plan Act of 2021" cash fund created in subsection (2) of this section.

(e) "Secretary" means the secretary of the treasury of the United States.

(f) "Subrecipient" means a person that receives money from the fund or a recipient fund to carry out a program or project on behalf of the state but that is not a beneficiary of the services or benefits provided through the program or project.

(2) The "American Rescue Plan Act of 2021" cash fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsections (3) and (3.5) of this section.

(3) (a) From the money the state received from the federal coronavirus state fiscal recovery fund under section 9901 of title IX, subtitle M of the "American Rescue Plan Act of 2021", the state treasurer shall transfer three billion four hundred forty-eight million seven hundred sixty-one thousand seven hundred ninety dollars, and any interest and income earned thereon, to the fund on June 11, 2021.

(b) The state treasurer shall deposit in the fund any money that a local government receives from the federal coronavirus local fiscal recovery fund and transfers to the state under section 9901 of title IX, subtitle M of the "American Rescue Plan Act of 2021".

(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the state emergency reserve cash fund created in section 24-77-104 (6)(a).

(d) The fund also includes the amount transferred to the fund in accordance with section 24-75-228 (3.5)(a).

(3.5) On June 30, 2024, the state treasurer shall transfer to the fund the following amounts from money that originated from the money the state received from the coronavirus state fiscal recovery fund from the following recipient funds, including a companion fund or any account in the fund, at the end of the 2023-24 state fiscal year:

(a) Two hundred forty-eight million two hundred forty-four thousand eighty-three dollars and sixty-two cents from the discretionary account, created in subsection (4)(a)(II) of this section;

(b) Two hundred sixty-eight million seven hundred forty-four thousand three hundred forty-two dollars and seventy-one cents from the behavioral and mental health cash fund, created in section 24-75-230;

(c) Fourteen million five hundred thousand dollars from the broadband administrative fund, created in section 24-37.5-119;

(d) Seven million one hundred thirty-four thousand two hundred eighty-two dollars from the Colorado economic development fund, created in section 24-46-105;

(e) Ten million three hundred sixty-eight thousand one hundred fifty-nine dollars from the Colorado heritage communities fund, created in section 24-32-3207;

(f) Twenty-one million five hundred forty-five thousand three hundred seven dollars from the Colorado opportunity scholarship initiative fund, created in section 23-3.3-1005;

(g) Seven million dollars from the Colorado water conservation board construction fund, created in section 37-60-121;

(h) Ninety million nine hundred eighty thousand dollars from the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund, created in section 24-32-732;

(i) Eleven million two thousand five hundred twenty-nine dollars from the digital inclusion grant program fund, created in section 24-37.5-904;

(j) One hundred thirty-five million eight hundred seventy-five thousand five hundred forty-eight dollars and fifty-four cents from the economic recovery and relief cash fund, created in section 24-75-228;

(k) Three million dollars from the healthy forests and vibrant communities fund, created in section 23-31-313;

(l) Twenty thousand dollars from the housing development grant fund, created in section 24-32-721;

(m) Twenty-nine million two hundred nine thousand five hundred seventy-six dollars from the infrastructure and strong communities grant program fund, created in section 24-32-133;

(n) Seventeen million dollars from the judicial department information technology cash fund, created in section 13-32-114;

(o) One hundred twenty-five million six hundred thousand dollars from the local investments in transformational affordable housing fund, created in section 24-32-729;

(p) Ninety-six million one hundred sixty thousand dollars from the multimodal transportation and mitigation options fund, created in section 43-4-1103;

(q) Forty-nine million six hundred fifty-two thousand nine hundred thirty-six dollars from the regional navigation campus cash fund, created in section 24-32-727;

(r) Sixty-eight million seven hundred thirty thousand dollars from the regional talent development initiative grant program fund, created in section 24-48.5-406;

(s) Two hundred ninety-nine million three hundred sixty-two thousand three hundred two dollars and seventy-three cents from the revenue loss restoration cash fund, created in section 24-75-227;

(t) Two million three hundred thousand dollars from the rural provider access and affordability fund, created in section 25.5-1-207;

(u) Seventy-five million three hundred thirty thousand dollars from the state highway fund, created in section 43-1-219;

(v) Forty thousand dollars from the wildfire mitigation capacity development fund, created in section 24-33-117; and

(w) Twenty-two million two hundred twelve thousand three hundred ninety-nine dollars and fourteen cents from the workers, employers, and workforce centers cash fund, created in section 24-75-231.

(4) (a) (I) The general assembly shall not appropriate money from the fund except as described in this subsection (4)(a) and subsection (5)(f) of this section. The general assembly may transfer money in the fund to another cash fund that is established for the purpose of using the money from the federal coronavirus state fiscal recovery fund. Transfers from the fund to the general fund are prohibited. A department shall not use money appropriated pursuant to this subsection (4) for any purpose prohibited by the "American Rescue Plan Act of 2021". A department shall comply with all requirements set forth in this section.

(II) If there is any of the money transferred to the fund under subsection (3)(a) of this section remaining in the fund after any transfers from the fund required by bills enacted during the 2021 regular legislative session, then, of the remainder in the fund, the lesser of three hundred million dollars or the remainder is placed in the discretionary account, which is created in the fund, and is continuously appropriated to any department designated by the governor for any allowable purpose under the "American Rescue Plan Act of 2021".

(III) The money specified in subsection (3)(d) of this section is placed in the discretionary account and is continuously appropriated to any department designated by the governor for any expenditures necessary to respond to the public health emergency with respect to COVID-19.

(IV) For the 2023-24 state fiscal year, the general assembly shall appropriate money from the fund to any departments for personal services that were paid from the general fund in state fiscal year 2023-24.

(V) For the 2024-25 state fiscal year, the general assembly shall appropriate the balance of the fund, excluding money remaining in the discretionary account. The general assembly may make the required appropriations to any department for personal services and for other purposes permitted under the "American Rescue Plan Act of 2021". Any money appropriated pursuant to this subsection (4)(a)(V) must be obligated as required in subsection (4)(d) of this section and expended on or before January 31, 2025.

(b) A department may expend money appropriated from the fund or a recipient fund for purposes permitted under the "American Rescue Plan Act of 2021" and shall not use the money for any purpose prohibited by the act.

(c) (I) Notwithstanding any provision of law to the contrary, in order to ensure proper accounting for and compliance with the "American Rescue Plan Act of 2021", whenever money is transferred or appropriated to a recipient fund that also has money from other sources, the state controller or department controller shall create a companion cash fund that includes only the money the state received from the federal coronavirus state fiscal recovery fund under section 9901 of title IX, subtitle M of the "American Rescue Plan Act of 2021", but that is otherwise legally identical to the recipient fund, except as otherwise provided in subsection (4)(c)(II) of this section. The state controller may prescribe procedures to permit continued use of companion funds, with proper segregation of fund sources through completion of a project, for any money appropriated for a use permitted pursuant to the "American Rescue Plan Act of 2021" that is partially refinanced.

(II) Notwithstanding any provision of law to the contrary, the state treasurer shall credit all interest and income derived from the deposit and investment of money in a recipient fund that originates from money the state received from the federal coronavirus state fiscal recovery fund to the state emergency reserve cash fund created in section 24-77-104 (6)(a).

(d) (I) Money in the fund or a recipient fund that originated from the coronavirus state fiscal recovery fund must be expended or obligated by December 31, 2024. Just prior to the close of business on December 30, 2024, any unexpended appropriations from a recipient fund that is of money that originated from the coronavirus state fiscal recovery fund and that remained in the recipient fund after the reversion described in subsection (4.2) of this section that are not for expenditures to be made after December 31, 2024, that were obligated before that date, revert to the "American Rescue Plan Act of 2021" cash fund, and the state treasurer shall transfer the unexpended and unobligated balance in the fund to the unemployment compensation fund created in section 8-77-101 (1). Any money that originated from the coronavirus state fiscal recovery fund that is obligated by December 31, 2024, must be expended by December 31, 2026. Effective December 31, 2026, the state controller shall transmit any unexpended money in the fund or a recipient fund to the United States department of the treasury. Money in a recipient fund that did not originate from the coronavirus state fiscal recovery fund must be expended in accordance with any applicable law or appropriation.

(II) A subrecipient must spend money received from the fund or a recipient fund by December 11, 2026. On or before December 11, 2026, the subrecipient shall return to the state any remaining money under terms dictated by the state controller and thereafter the state controller shall transmit the money to the United States department of the treasury in accordance with the treasury's requirements.

(III) Money in the fund or in a recipient fund that originated from the coronavirus state fiscal recovery fund is obligated when it is obligated in accordance with the "American Rescue Plan Act of 2021" and any federal rules promulgated thereunder. The obligation criteria in the "American Rescue Plan Act of 2021" and federal rules do not apply to money in the fund or in a recipient fund that did not originate from the coronavirus state fiscal recovery fund. Money that did not originate from the coronavirus state fiscal recovery fund that is not obligated by an applicable deadline in state law does not revert and remains available for expenditure in accordance with any applicable appropriation. The state controller shall determine whether money is obligated for purposes of determining the deadline for expenditures and the reversion or repayment of money in accordance with this subsection (4)(d).

(4.1) (a) (I) Effective June 30, 2024, the amount of general fund money appropriated in a line item for personal services expenses in the general appropriation act for state fiscal year 2023-24, Senate Bill 23-214, is reduced by the amount of federal funds appropriated pursuant to subsection (4)(a)(IV) of this section that were spent for personal services in the line item.

(II) Effective November 30, 2024, the amount of general fund money appropriated in a line item for personal services expenses in the general appropriation act for state fiscal year 2024-25, House Bill 24-1430, is reduced by the amount of federal funds appropriated pursuant to subsection (4)(a)(V) of this section that were spent for personal services in the line item.

(b) To the extent permitted by federal law, the governor and a department that is appropriated money that originated from the fund shall spend the money for the purpose for which it is appropriated before spending money from any other source for the same purpose.

(c) For the purpose of balancing the state budget as required by article X of the state constitution during the 2024 regular legislative session, the amounts appropriated in the general appropriation acts for state fiscal year 2023-24, Senate Bill 23-214, and state fiscal year 2024-25, House Bill 24-1430, to each department for personal services is reduced by the amount appropriated from the fund for the department's personal services for the applicable state fiscal year.

(4.2) (a) (I) On December 1, 2024, any unspent and unobligated money that originated from the coronavirus state fiscal recovery fund, other than money designated for personal services or other operating costs as described in subsection (4.2)(a)(II) of this section, that is in the fund, a recipient fund, or the discretionary account reverts to the fund. Money that reverts to the fund pursuant to this subsection (4.2) is continuously appropriated until January 31, 2025, to any department designated by the governor for any purpose for which a general fund appropriation was made in the general appropriation act for state fiscal year 2024-25, House Bill 24-1430.

(II) On or before November 30, 2024, the office shall determine the amount of unspent and unobligated money in the fund, a recipient fund, or the discretionary account that originated from the coronavirus state fiscal recovery fund that will be spent by a department for personal services and other operating costs on or before January 31, 2025, and shall report that amount to the state controller. Pursuant to subsection (4.2)(a)(I) of this section, money designated for personal services and other operating costs reported to the state controller does not revert to the fund on December 1, 2024.

(b) Effective January 31, 2025, the amount of general fund money appropriated in a line item in the general appropriation act for state fiscal year 2024-25, House Bill 24-1430, is reduced by the amount of federal money that originated from the coronavirus state fiscal recovery fund appropriated pursuant to subsection (4.2)(a) of this section and that was spent for the line item.

(4.3) (a) After December 31, 2024, any money in a recipient fund that originated from the coronavirus state fiscal recovery fund that was obligated as of December 31, 2024, but not expended on an eligible activity at the conclusion of the appropriation reverts to the fund. Money that reverts to the fund pursuant to this subsection (4.3) is continuously appropriated through December 31, 2026, to any department designated by the governor for any purpose for which a general fund appropriation was made in the general appropriation act for the state fiscal year in which the reversion occurred.

(b) Effective on the date of the applicable reversion, the amount of general fund money appropriated in a line item in the general appropriation act for the state fiscal year in which the reversion occurred is reduced by the amount of federal money that originated from the coronavirus state fiscal recovery fund appropriated pursuant to subsection (4.3)(a) of this section and that was spent for the line item.

(5) (a) (I) The state controller shall provide periodic reports to the secretary as required by the secretary under the "American Rescue Plan Act of 2021". The department of revenue shall provide the state controller with any information required by the secretary about any reductions or increases in net tax revenue.

(II) The general assembly hereby finds and declares that:

(A) Under 42 U.S.C. sec. 802 (c)(1)(C), the state is permitted to use money received from the coronavirus state fiscal recovery fund for the provision of government services to the extent of the reduction in the state's revenue due to the COVID-19 public health emergency relative to the revenues the state collected for the state fiscal year 2018-19;

(B) The United States department of the treasury has promulgated a rule to establish the methodology for the state to calculate a recipient government's annual reduction in revenue for the four calendar years beginning in 2020;

(C) As of May 27, 2022, the state reported a reduction for the 2020 and 2021 calendar years that totals three billion six hundred ninety-four million six hundred fifty-three thousand two hundred forty-nine dollars;

(D) This amount exceeds the total of all the funds that have yet to be reported to the United States department of the treasury; and

(E) Therefore, any money in the fund or transferred from the fund to a recipient fund is available to be reported as being an expenditure for the provision of government services.

(III) The state controller may report the expenditure of any money in or transferred from the"American Rescue Plan Act of 2021" that originated from the coronavirus state fiscal recovery fund as a government service to the extent of the reduction in the state's revenue due to the COVID-19 public health emergency relative to the revenues the state collected for the state fiscal year 2018-19, if the description is applicable, regardless of whether the purpose of the expenditure is also described as being to respond to the public health emergency with respect to COVID-19 or its negative economic impacts.

(b) The office and the state controller shall establish compliance requirements concerning the use of money that originated from the coronavirus state fiscal recovery fund for any department that receives an appropriation from the fund or a recipient fund or any person that receives money from a department. The office and the state controller may establish compliance requirements for money that originates from the ARPA refinance state money cash fund created in section 24-75-226.5. If a department or person fails to comply with these requirements, then:

(I) A department shall, with approval by the office and state controller, identify the best method and fund source to be used to repay the fund or a recipient fund for the money expended on noncompliant functions, and, to the extent feasible, repay the fund or recipient fund;

(II) A person shall, to the extent possible, repay any money received by the state from the fund or recipient fund that is related to the noncompliance; and

(III) The state controller may, in his or her discretion, reduce or eliminate all unexpended appropriations from the fund or a recipient fund for the department.

(c) The office and the state controller shall establish reporting and record-keeping requirements for any department that expends money from the fund or a recipient fund or any person that receives the money from a department. To expend money from the fund or recipient fund, a department and the person must comply with these requirements.

(d) The office shall provide guidance on program evaluation, including exemptions from evaluation, evaluation criteria, implementation guidance, and selection of independent evaluators. To expend money from the fund or a recipient fund, a department or person that receives money from a department must comply with any program evaluation requirements established by the office.

(e) The office shall provide the joint budget committee with a yearly performance report that consists of the information that the state controller provides the secretary under subsection (5)(a) of this section and any other information, including program evaluation information, that the office determines to be relevant. Money in the fund or a recipient fund is not subject to the reporting requirements set forth in section 24-33.5-717.

(f) The general assembly may appropriate money from the fund or the revenue loss restoration cash fund created in section 24-75-227 to the department of personnel for use by the state controller and to the office for any direct or indirect expenses related to the administration of this subsection (5).

(g) The compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller apply to a person regardless of whether the person is a beneficiary or a subrecipient and regardless of whether the person receives the money directly from a department or from a subrecipient.

(6) Money transferred to the state highway fund and the multimodal transportation and mitigation options fund in accordance with section 24-75-219 (7), to the workers, employers, and workforce centers cash fund in accordance with section 24-75-231 (2)(b)(III), and to the revenue loss restoration cash fund in accordance with section 24-75-227 (2)(b)(III)(A) are subject to the requirements of this section as if they were recipient funds.

(6.5) (a) The governor and the state controller shall jointly submit a report to the joint budget committee, the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate, as described in this subsection (6.5).

(b) On or before September 15, 2024, the governor and state controller shall submit a report that includes:

(I) The total expenditure by the state of money that originated from the coronavirus state fiscal recovery fund and related adjustments to the general fund, as described in subsection (4.1) of this section, including the amount expended from the fund by each department for personal services for the 2023-24 state fiscal year from the money appropriated pursuant to subsection (4)(a)(IV) of this section; and

(II) An explanation of any further actions that the governor and any state department will take to ensure that money that originated from the coronavirus state fiscal recovery fund is fully expended in compliance with the "American Rescue Plan Act of 2021".

(c) On or before February 15, 2025, the governor and the state controller shall submit a report that includes updated information about each of the subjects required in the report described in subsection (6.5)(b)(I) of this section and any expenditure from the fund pursuant to subsection (4.2) of this section, including the amount expended from the fund by each department as of December 31, 2024.

(7) This section is repealed, effective July 1, 2027.
C.R.S. § 24-30-1116 — CO Code / Title 24 / Article 30 / Part 11 / Section 24-30-1116
24-30-1116. Vanpooling - state-owned vehicles - revolving account
Status: repealed

24-30-1116. Vanpooling - state-owned vehicles - revolving account. (Repealed)
C.R.S. § 24-33.5-2006 — CO Code / Title 24 / Article 33.5 / Part 20 / Section 24-33.5-2006
24-33.5-2006. Exportation of fireworks
Status: in_force

24-33.5-2006. Exportation of fireworks. (1) It shall be unlawful to export fireworks, other than permissible fireworks, from the state of Colorado, unless the fireworks are transported in accordance with the regulations of the United States department of transportation regulating the transportation of explosives, fireworks, and other dangerous articles by motor, rail, air, and water and the exporter obtains a signed bill of lading from each person transporting the fireworks, which shall show the quantity and types of fireworks transported and the recipient's full legal name and address.

(2) The exporter may transport such fireworks by common carrier or by the exporter's vehicle; except that the sale of the fireworks for transport in the purchaser's vehicle is unlawful unless the exporter requires the purchaser to display a valid motor vehicle driver's license and records the number and jurisdiction of issue of the driver's license on the bill of lading pertaining to the sale, and further requires the purchaser to furnish a valid exporter of fireworks license issued pursuant to this part 20, or a valid wholesale, retail, or resale license number issued by the governing body of a state or local authority located outside of the state of Colorado, which number and state or local authority of issue must be recorded on the bill of lading pertaining to the sale.

(3) The bills of lading required by this section shall be retained by the exporter for a period of three years from the date of sale.
C.R.S. § 24-72.1-105 — CO Code / Title 24 / Article 72.1 / Section 24-72.1-105
24-72.1-105. Violations - immunity
Status: in_force

24-72.1-105. Violations - immunity. (1) Actions taken in knowing violation of this article shall not be protected by governmental immunity provided to public employees by article 10 of this title.

(2) A peace officer who, in the performance of the officer's duties, utilizes identification that is not secure and verifiable shall not forfeit governmental immunity pursuant to this section if such officer:

(a) Gathers all information from such identification; and

(b) If feasible, according to any applicable law enforcement agency guidelines, gathers fingerprint information from such person and stores such fingerprints for at least one year as a criminal justice record.
C.R.S. § 24-16-104 — CO Code / Title 24 / Article 16 / Section 24-16-104
24-16-104. Prohibition of division of works of public improvement construction
Status: in_force

24-16-104. Prohibition of division of works of public improvement construction. It is unlawful for any person to divide a works of public improvement construction into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this article.
C.R.S. § 24-51-215 — CO Code / Title 24 / Article 51 / Part 2 / Section 24-51-215
24-51-215. Insurance and banking laws not applicable
Status: in_force

24-51-215. Insurance and banking laws not applicable. None of the laws of this state regulating insurance, insurance companies, or banking institutions shall apply to the association or any of its trust funds.
C.R.S. § 24-50-620 — CO Code / Title 24 / Article 50 / Part 6 / Section 24-50-620
24-50-620. Targets for investment in primary care
Status: in_force

24-50-620. Targets for investment in primary care. A carrier shall adopt appropriate targets for investments in primary care to support value-based health-care delivery in alignment with the affordability standards developed in accordance with section 10-16-107 (3.5). The carrier shall consider the recommendations of the primary care payment reform collaborative created in section 10-16-150. Targets established under this section do not apply in the case of a nonprofit, nongovernmental health maintenance organization with respect to managed care plans that provide a majority of covered professional services through a single contracted medical group.
C.R.S. § 24-34-104.1 — CO Code / Title 24 / Article 34 / Part 1 / Section 24-34-104.1
24-34-104.1. General assembly sunrise review of new regulation of occupations and professions
Status: repealed

24-34-104.1. General assembly sunrise review of new regulation of occupations and professions - definition. (1) The general assembly finds that regulation should be imposed on an occupation or profession only when necessary for the protection of the public interest. The general assembly further finds that establishing a system for reviewing the necessity of regulating an occupation or profession prior to enacting laws for such regulation will better enable it to evaluate the need for the regulation and to determine the least restrictive regulatory alternative consistent with the public interest.

(2) (a) For proposals submitted on or after July 1, 2022, any professional or occupational group or organization, any individual, or any other interested party that proposes the regulation of any unregulated professional or occupational group shall submit the following information to the department:

(I) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, and an estimate of the number of practitioners in each group;

(II) A definition of the problem or problems to be solved by regulation and the reasons why regulation is necessary;

(III) and (IV) Repealed.

(V) The benefit to the public that would result from the proposed regulation;

(VI) The cost of the proposed regulation; and

(VII) A description of any anticipated disqualifications on an applicant for licensure, certification, relicensure, or recertification based on criminal history and how the disqualifications serve public safety or commercial or consumer protection interests.

(b) Repealed.

(3) (a) (I) Except as provided in subsection (3)(b) or (3)(c) of this section, the department shall conduct an analysis and evaluation of any proposed regulation. The analysis and evaluation must be based upon the criteria listed in subsection (4)(b) of this section.

(II) Repealed.

(III) For a proposed regulation submitted on or after July 1, 2022, the department shall submit a report to the proponents of the regulation and to the general assembly no later than:

(A) June 30 of the year following the year in which the proposed regulation was submitted, for a proposed regulation submitted on or after July 1 and on or before December 31; and

(B) December 31 of the same year in which the proposed regulation was submitted, for a proposed regulation submitted on or after January 1 and on or before June 30.

(b) (I) After review of a proposal to regulate a professional or occupational group that was submitted on or after July 1, 2022, the department may decline to conduct an analysis and evaluation of the proposed regulation only if:

(A) The department previously conducted an analysis and evaluation of the proposed regulation of the same professional or occupational group, issued a report not more than thirty-six months prior to the submission of the current proposal to regulate the same professional or occupational group, and finds that no new information has been submitted that would cause the department to alter or modify the recommendations made in its earlier report on the proposed regulation of the professional or occupational group;

(B) The proposed regulation appears to regulate fewer than two hundred fifty individuals; or

(C) The department determines that at least thirty-three other states license, certify, or require registration of members of the same professional or occupational group.

(II) (A) If the department declines to conduct an analysis and evaluation pursuant to subsection (3)(b)(I)(A) of this section, the department shall reissue its earlier report on the proposed regulation to the proponents of the regulation and the general assembly.

(B) If the department declines to conduct the analysis and evaluation pursuant to subsection (3)(b)(I)(B) or (3)(b)(I)(C) of this section, the department shall notify the proponents of the regulation and the general assembly that it is declining to conduct the analysis and evaluation and the reason for so declining.

(III) Repealed.

(IV) For a proposed regulation submitted on or after July 1, 2022, the department shall reissue its earlier report or issue the notice no later than:

(A) June 30 of the year following the year in which the proposed regulation was submitted, for a proposed regulation submitted on or after July 1 and on or before December 31; or

(B) December 31 of the same year in which the proposed regulation was submitted, for a proposed regulation submitted on or after January 1 and before June 30.

(c) If the department receives a proposal to regulate a professional or occupational group indicating, based on documentation verified by the department, that the unregulated professional or occupational group poses an imminent threat to public health, safety, or welfare, the department shall promptly notify the proponents of the proposed regulation and the legislative council of the general assembly of the imminent threat and shall submit to the legislative council the documentation on which it bases its finding of imminent threat. Within thirty days after receipt of the notice and documentation from the department, the legislative council shall conduct a hearing to examine the documentation and determine whether it concurs with the department's finding that an imminent threat exists. In conducting its examination, the legislative council shall consider whether regulation of the professional or occupational group without first obtaining an analysis and evaluation pursuant to paragraph (a) of this subsection (3) will substantially alter the impact on public health, safety, or welfare. The department may forego the analysis and evaluation only if the legislative council notifies the department that the legislative council concurs with the department's finding of imminent threat to public health, safety, and welfare.

(4) (a) (Deleted by amendment, L. 96, p. 796, § 7, effective May 23, 1996.)

(b) The determination as to whether such regulation of an occupation or a profession is needed shall be based upon the following considerations:

(I) Whether the unregulated practice of the occupation or profession clearly harms or endangers the health, safety, or welfare of the public;

(I.5) Whether the practitioners of the profession or occupation exercise independent judgment, and whether the public can reasonably be expected to benefit from the direct regulation of the profession or occupation if a practitioner's judgment or practice is limited or subject to the judgment or supervision of others.

(II) Whether the public needs, and can reasonably be expected to benefit from, an assurance of initial and continuing professional or occupational competence;

(III) Whether the public can be adequately protected by other means in a more cost-effective manner; and

(IV) Whether the imposition of any disqualifications on applicants for licensure, certification, relicensure, or recertification based on criminal history serves public safety or commercial or consumer protection interests.

(c) (Deleted by amendment, L. 96, p. 796, § 7, effective May 23, 1996.)

(5) Repealed.

(6) (a) Except as provided in paragraph (b) of this subsection (6), the supporters of regulation of a professional or occupational group may request members of the general assembly to present appropriate legislation to the general assembly during each of the two regular sessions that immediately succeed the date of the report required pursuant to subsection (3) of this section without the supporters having to comply again with the provisions of subsections (2), (3), and (4) of this section. Bills introduced pursuant to this subsection (6) shall count against the number of bills to which members of the general assembly are limited by any joint rule of the senate and the house of representatives.

(b) If, pursuant to paragraph (b) or (c) of subsection (3) of this section, the department of regulatory agencies declines to conduct an analysis and evaluation of the proposed regulation of a professional or occupational group and reissues a prior report on the proposed regulation of the same professional or occupational group or finds that the unregulated professional or occupational group poses an imminent threat to public health, safety, or welfare, as confirmed by the legislative council of the general assembly, the supporters of the regulation of the professional or occupational group may request that members of the general assembly present appropriate legislation to the general assembly during each of the next two regular sessions that begin after the date the department reissues its original report on the proposed regulation or the date on which the legislative council notifies the department that it concurs in a finding of imminent threat pursuant to paragraph (c) of subsection (3) of this section, whichever is applicable.

(7) This section is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of this section shall remain in effect until changed by the general assembly acting by bill.

(8) As used in this section, "department" means the department of regulatory agencies.
C.R.S. § 24-11-103 — CO Code / Title 24 / Article 11 / Section 24-11-103
24-11-103. Saturday half holiday - effect
Status: repealed

24-11-103. Saturday half holiday - effect. (Repealed)
C.R.S. § 24-90-603 — CO Code / Title 24 / Article 90 / Part 6 / Section 24-90-603
24-90-603. Adoption and enforcement of policy of internet safety for minors including techn
Status: in_force

24-90-603. Adoption and enforcement of policy of internet safety for minors including technology protection measures - public libraries. (1) No later than December 31, 2004, the governing body of each public library shall adopt and implement a policy of internet safety for minors that includes the operation of a technology protection measure for each computer operated by the public library that allows for access to the internet by a minor.

(2) After the adoption and implementation of the policy of internet safety required by subsection (1) of this section, the governing body of each public library shall continue to enforce the policy and the operation of the technology protection measure for each computer operated by the public library that allows for access to the internet by a minor.
C.R.S. § 24-32-720 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-720
24-32-720. Property foreclosure reports - official state statistics - repeal
Status: repealed

24-32-720. Property foreclosure reports - official state statistics - repeal. (Repealed)
C.R.S. § 24-32-1715 — CO Code / Title 24 / Article 32 / Part 17 / Section 24-32-1715
24-32-1715. Agreement with bond owners
Status: in_force

24-32-1715. Agreement with bond owners. The state of Colorado pledges and agrees with the owners of any bonds to which an allocation of the state ceiling has been granted under this part 17 that the state will not retroactively alter the allocation of the state ceiling to the qualified issuing authority for such bonds.
C.R.S. § 24-91-103.6 — CO Code / Title 24 / Article 91 / Section 24-91-103.6
24-91-103.6. Public entity - contracts - appropriations - contract modifications - severabili
Status: in_force

24-91-103.6. Public entity - contracts - appropriations - contract modifications - severability - definition. (1) No public entity shall contract with a designer, a contractor, or a designer and contractor for the construction, the design, or both the construction and design of a public works project unless a full and lawful appropriation when required by statute, charter, ordinance, resolution, or rule or regulation has been made for such project.

(2) Every public works contract, as defined in section 24-91-103.5 (1)(b), shall contain the following:

(a) A statement that the amount of money appropriated is equal to or in excess of the contract amount;

(b) A clause that prohibits the issuance of any contract modification, as defined in section 24-101-301 (10), or other form of modification or directive by the public entity requiring additional compensable work to be performed, which work causes the aggregate amount payable under the contract to exceed the amount appropriated for the original contract, unless the contractor is given written assurance by the public entity that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to performance of the additional work or unless such work is covered under a remedy-granting provision in the contract; and

(c) For any form of modification or directive by the public entity requiring additional compensable work to be performed, a clause that requires the public entity to reimburse the contractor for the contractor's costs on a periodic basis, as those terms are defined in the contract, for all additional directed work performed until a contract modification is finalized. In no instance shall the periodic reimbursement be required before the contractor has submitted an estimate of cost to the public entity for the additional compensable work to be performed. Notwithstanding the provisions of this subsection (2)(c), state public works contracts shall be subject to the provisions of section 24-30-202.

(3) If the requirements of subsection (1) or (2) of this section are not met, a civil action may be maintained against the public entity which has contracted for the public works project to recover sums due under the contract notwithstanding any appropriation statute, ordinance, resolution, or law to the contrary.

(4) In the event that a good faith dispute arises between a public entity and a contractor concerning the contractor's right to receive additional compensation under a remedy-granting provision of the public works contract, it shall not be a defense to a civil action for payment for such claim that no moneys have been appropriated for such claimed amounts, so long as the contractor has complied with all provisions of the contract applicable to the dispute, including but not limited to contract modification and additional work clauses, and has submitted to the public entity a statement sworn to under penalty of perjury which sets forth: The amount of additional compensation to which the contractor contends that it is entitled; that claim-supporting data which is accurate and complete to the best of the contractor's knowledge and belief have been submitted; and that the amount requested accurately reflects what is owed by the public entity. As used in this subsection (4), "remedy-granting provision" means any contract clause which permits additional compensation in the event that a specific contingency or event occurs. Such term shall include, but shall not be limited to, change clauses, differing site conditions clauses, variation in quantities clauses, and termination for convenience clauses.

(5) If a final judgment is entered pursuant to a civil action brought by a contractor for which adequate appropriations have not been made, the judgment debtor public entity shall promptly make payment pursuant to section 13-60-101, 24-10-113, 24-10-113.5, or 30-25-104, C.R.S., and any other statutory requirement on payment of judgments.

(6) Any provision of this section which is in conflict with the terms of any federal grant shall be inapplicable to a contract between a contractor and a public entity which is funded in whole or in part by that grant.

(7) Nothing in this section shall prohibit:

(a) The use of phased construction over a period of years where, if applicable, the public entity has informed the contractor of initial annual appropriations at the time the contract is signed, and subsequent annual appropriations as they occur, in statements issued pursuant to subsection (2) of this section; or

(b) The use of bond-financed construction where appropriations to service bond debt may occur subsequent to the commencement of construction, where this fact is clearly stated in disclosure statements made pursuant to subsection (2) of this section.

(8) The provisions of this section shall apply to any contract executed on or after July 1, 1992.

(9) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
C.R.S. § 24-103-206.5 — CO Code / Title 24 / Article 103 / Part 2 / Section 24-103-206.5
24-103-206.5. Procurements funded with federal "American Recovery and Reinvestment Act of 2009
Status: repealed

24-103-206.5. Procurements funded with federal "American Recovery and Reinvestment Act of 2009" moneys - waiver of "Procurement Code" requirements - repeal. (Repealed)
C.R.S. § 24-35-110 — CO Code / Title 24 / Article 35 / Part 1 / Section 24-35-110
24-35-110. Collection for political subdivisions - contract
Status: in_force

24-35-110. Collection for political subdivisions - contract. The executive director of the department of revenue is hereby authorized to negotiate and contract with any city, town, or city and county for the purpose of arranging for the collection by the department of revenue of any tax levied by the city, town, or city and county which is also levied and collected by the department of revenue for the state of Colorado.
C.R.S. § 24-50-501 — CO Code / Title 24 / Article 50 / Part 5 / Section 24-50-501
24-50-501. Legislative declaration
Status: in_force

24-50-501. Legislative declaration. Recognizing that the adoption of section 20 of article X of the state constitution at the 1992 general election has imposed strict new constraints on state government, it is hereby declared to be the policy of this state to encourage the use of private contractors for personal services to achieve increased efficiency in the delivery of government services, without undermining the principles of the state personnel system requiring competence in state government and the avoidance of political patronage. The general assembly recognizes that such contracting may result in variances from legislatively mandated pay scales and other employment practices that apply to the state personnel system. In order to ensure that such privatization of government services does not subvert the policies underlying the civil service system, the purpose of this part 5 is to balance the benefits of privatization of personal services against its impact upon the state personnel system as a whole. The general assembly finds and declares that, in the use of private contractors for personal services, the dangers of arbitrary and capricious political action or patronage and the promotion of competence in the provision of government services are adequately safeguarded by existing laws on public procurement, public contracts, financial administration, employment practices, ethics in government, licensure, certification, open meetings, open records, and the provisions of this part 5. Recognizing that the ultimate beneficiaries of all government services are the citizens of the state of Colorado, it is the intent of the general assembly that privatization of government services not result in diminished quality in order to save money.
C.R.S. § 24-50-1105 — CO Code / Title 24 / Article 50 / Part 11 / Section 24-50-1105
24-50-1105. Partnership units
Status: in_force

24-50-1105. Partnership units. (1) There is a single partnership unit composed of all covered employees.

(2) Covered employees who are represented by a certified employee organization pursuant to executive order D 028 07 on June 16, 2020, shall continue to be represented by the existing certified employee organization. All partnership units of covered employees established pursuant to executive order D 028 07 shall be merged into the statewide partnership unit.

(3) Any future representation or decertification elections shall be at the level of the single statewide unit.

(4) Matters set forth in section 24-50-1112 (3)(a) shall be bargained at the statewide level.

(5) Matters set forth in section 24-50-1112 (3)(b) shall be bargained at the agency or department level but, upon mutual agreement, may be bargained at the statewide level.
C.R.S. § 24-34-504 — CO Code / Title 24 / Article 34 / Part 5 / Section 24-34-504
24-34-504. Time limits on filing of charges
Status: repealed

24-34-504. Time limits on filing of charges. (1) Any charge alleging a violation of this part 5 shall be filed with the commission pursuant to section 24-34-306 within one year after the alleged unfair housing practice occurred, or it shall be barred.

(2) A civil action filed by the attorney general under this section shall be commenced not later than eighteen months after the date of the occurrence or the termination of the alleged discriminatory housing practice.

(3) The director, not later than ten days after filing or identifying additional respondents, shall serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this part 5, together with a copy of the original charge.

(4) The director shall commence an investigation of any charge filed pursuant to subsection (1) of this section within thirty days of such filing. Within one hundred days after the filing of the charge, the director shall determine, based on the facts, whether probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is impracticable to do so or the director has approved a conciliation agreement with respect to the charge. If the director is unable to complete the investigation within one hundred days after the filing of the charge, the director shall notify the parties of the reasons for not doing so.

(4.1) After a determination by the director that probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall issue a notice and complaint as provided in section 24-34-306 (4). After such notice and complaint is issued by the commission, the complainant, respondent, or any aggrieved person on whose behalf the charge was filed may elect to have the claims asserted in the charge decided in a civil action in lieu of an administrative hearing. Such election shall be made in writing within twenty days after receipt of the notice and complaint issued by the commission. The commission shall provide notice of the election to all other parties to whom the notice and complaint relates.

(4.2) If all parties agree to have the charges decided in an administrative hearing, the commission shall hold a hearing as provided in section 24-34-306. If any party elects a civil action, the commission shall authorize the attorney general to commence and maintain a civil action in the appropriate state district court to obtain relief with respect to the discriminatory housing practice or practices alleged in the notice and complaint.

(4.3) Final administrative disposition of a charge filed pursuant to this section shall be made within one year of the date the charge was filed, unless it is impractical to do so. If the commission is unable to do so, the commission shall notify the complainant and the respondent, in writing, of the reasons that such disposition is impractical.

(5) Repealed.
C.R.S. § 24-1-136 — CO Code / Title 24 / Article 1 / Section 24-1-136
24-1-136. "Information Coordination Act" - policy - functions of the heads of principal de
Status: repealed

24-1-136. "Information Coordination Act" - policy - functions of the heads of principal departments. (1) This section shall be known and may be cited as the "Information Coordination Act". The legislative policy with reference to the coordination of information is hereby declared to be that:

(a) The operational reports of the executive agencies should provide complete, concise, and useful information about executive operations to the governor and the general assembly;

(b) The publications of executive agencies should be clearly related to agency functions and cost no more than is necessary to accomplish the purpose for which the material is published;

(c) Executive agencies should recover the full cost of those publications not necessary to the agency's function but issued for the convenience of the users;

(d) Publication activities of executive agencies should be responsive to the direction of the governor; and

(e) Operational reports and publications of executive agencies should continue to be produced as long as they are useful, but the need for them should be reviewed periodically to ensure that public resources are not misdirected toward the fulfillment of outmoded directives.

(2) There is assigned to the heads of the principal departments the function of coordination and control of operational and administrative information within the executive branch.

(3) The heads of the principal departments shall jointly have the following responsibilities of coordination and control:

(a) Development and direction of a system for the collection, coordination, control, and distribution of state operational and administrative reports and information;

(b) (I) Preparation for the governor of annual reports by the principal departments, accounting to the general assembly for the operations of all agencies in the executive branch, which shall include the results of any actions in furtherance of measurable annual objectives in the areas of operational efficiency and effectiveness set forth in the budget request of each department pursuant to section 24-37-304 (1)(a); and

(II) Publication of such reports subject to the approval of the governor;

(c) Preparation of operational and administrative reports and bringing to the attention of the governor special problems of agencies as disclosed through the reporting system;

(d) Repealed.

(e) Delivery to the custody of the state librarian of four copies of all state publications pursuant to section 24-90-204; and

(f) Effecting economies in the publication of operational and administrative information consistent with the purpose of the publication and without interference to the discharge of the agency's statutory responsibilities.

(4) The governor or the general assembly may at any time require that the heads of the principal departments collect and from time to time publish certain regular or special reports, in whole or in part.

(5) The provisions of this section shall not apply to reports and publications of the legislative and judicial branches of state government nor to the publications of executive agencies in connection with research they perform under contract.

(6) Nothing in this section shall be construed to change or supersede the present authority and responsibility of the executive director of the department of personnel to act as official custodian and trustee of permanent public documents and to respond to all reasonable requests for reference, research, and information and to provide facsimiles thereof concerning the contents of original agency reports.

(7) The authority of the heads of the principal departments over the issuance of publications as prescribed in this section shall in no way be construed as being in contravention of those administrative procedure laws which elsewhere either grant powers to executive agencies to promulgate and issue agency rules and regulations or define legal notice and publication with reference to such rules and regulations.

(8) Nothing in this section shall be construed to empower anyone to restrict or inhibit the free flow of news or the release of public information, or to establish censorship or control over news or information of actions by public employees or public bodies, or to restrict public access to public records; nor shall any part of this section be construed as restricting, amending, superseding, or contravening any existing law, order, or requirement relating to any required or permitted official or public notice or legal advertisement.

(9) Whenever any report is required or allowed to be made to the general assembly, including any report required to be made to any committee of the general assembly or legislative staff, the reporting entity shall file one electronic copy of the report with the joint legislative library, and four hard copies with the state librarian for the state publications depository and distribution center. Such filing is sufficient to comply with the direction or authority to make such report. The electronic filing shall be by means of a portable document format and shall include a hyperlink to the website where the report is located, if the report is directly accessible via the internet. If the reporting entity cannot provide an electronic copy of the report to the joint legislative library, then the reporting entity shall deliver six hard copies to the joint legislative library. The joint legislative library is responsible for delivering an electronic or hard copy of the report to the legislators, legislative committees, or legislative staff, as applicable, who are to receive the report. A legislator may request from the joint legislative library delivery of a hard copy of any report.

(10) An agency or department not having an appropriation for producing publications to be sold to the public shall obtain the approval of the controller prior to making any disbursements for said publications. The request for approval shall include the proposed procedures for control of the proceeds of sales.

(11) (a) (I) Effective July 1, 1996, whenever any report is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis, the requirement for such report shall expire on the day after the third anniversary of the date on which the first such report is due unless the general assembly, acting by bill, continues the requirement.

(II) Repealed.

(b) Among the matters to be considered by the sunrise and sunset review committee, created by joint rule of the senate and house of representatives, during each interim shall be an inventory and review of all existing requirements for reports by executive agencies or the judicial branch to the general assembly that are due to expire on or before July 1 of the following year pursuant to paragraph (a) of this subsection (11); except that, if House Bill 96-1159 is enacted at the second regular session of the sixtieth general assembly and becomes law or if, for any other reason, the sunrise and sunset review committee ceases to exist, such inventory and review shall be conducted by the several committees of reference as directed by the president of the senate and the speaker of the house of representatives, or otherwise as follows:

(I) The agriculture, livestock, and natural resources committee in the house of representatives and the agriculture, natural resources, and energy committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 33 to 37, C.R.S.;

(II) The appropriations committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in articles 75 to 114 of this title;

(III) The business affairs and labor committee in the house of representatives and the business, labor, and technology committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 4 to 12 and 40, C.R.S.;

(IV) The education committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 22 and 23, C.R.S.;

(V) The finance committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 38 and 39, C.R.S.;

(VI) The health and human services committees in the house of representatives and the senate, or any successor committees, shall consider reporting requirements contained in titles 25 to 27, C.R.S.;

(VII) The judiciary committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 13 to 21, C.R.S.;

(VIII) The local government committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 30 to 32, C.R.S.;

(IX) The state, veterans, and military affairs committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 1 to 3, C.R.S., titles 28 and 29, C.R.S., and this title with the exception of articles 75 to 114 and, in addition, any reporting requirement not otherwise assigned to a committee of reference under this paragraph (b); and

(X) The transportation and energy committee in the house of representatives and the transportation committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 41 to 43, C.R.S.
C.R.S. § 24-31-308 — CO Code / Title 24 / Article 31 / Part 3 / Section 24-31-308
24-31-308. Reciprocity - provisional certificate
Status: in_force

24-31-308. Reciprocity - provisional certificate. (1) The P.O.S.T. board is authorized to grant a provisional certificate to a person who:

(a) Has been authorized to act as a peace officer in another state or federal jurisdiction within the preceding three years and has served as a certified law enforcement officer in good standing in the other state or federal jurisdiction for more than one year;

(b) Passes the certification examination required pursuant to this part 3; and

(c) Possesses current first aid and cardiopulmonary resuscitation certificates or their equivalent.

(2) (a) The P.O.S.T. board is authorized to grant a basic certification to a person who meets the criteria established for basic certification by rule of the P.O.S.T. board.

(b) Any rule of the P.O.S.T. board establishing the criteria for basic certification shall provide that a basic certification will be issued only after an applicant has successfully demonstrated to the P.O.S.T. board a proficiency in all skill areas as required by section 24-31-305.

(3) (a) A provisional certificate shall be valid for six months.

(b) Upon a showing of good cause, the P.O.S.T. board may renew a provisional certificate once for a period not to exceed an additional six months.
C.R.S. § 24-61-201 — CO Code / Title 24 / Article 61 / Part 2 / Section 24-61-201
24-61-201. Legislative declaration
Status: in_force

24-61-201. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) A taxation compact has been entered into between the Southern Ute Indian tribe, La Plata county, and the state of Colorado, as set forth in House Bill 96-1367, enacted at the second regular session of the sixtieth general assembly; and

(b) Pursuant to section 3.02 of said compact, the tribe, the county, and the state have agreed to explore means of mitigating the local property tax revenue impacts of tribal acquisitions on trust property.

(2) It is the intent of this part 2 to establish a mechanism for holding and distributing moneys made available from any source to implement the provisions of section 3.02 of said compact.
C.R.S. § 24-70-205 — CO Code / Title 24 / Article 70 / Part 2 / Section 24-70-205
24-70-205. Contracts for public printing
Status: repealed

24-70-205. Contracts for public printing.

(1) Repealed.

(2) The executive director of the department of personnel shall advertise at least two times in newspapers of general circulation published and printed in the city and county of Denver, in sufficient time to insure furnishing of such printing when needed, inviting sealed proposals for doing printing included in the first, second, or third classes. Calls for bids for the printing specified in the fourth class shall be made from time to time in the discretion of the executive director of the department of personnel as such printing may be required for the state and its departments. The executive director of the department of personnel may call for bids on any item or group of items at such times as he or she may designate; except that printing for the state agencies outside the Denver area may be secured by the respective heads of such agencies by securing the approval of the executive director of the department of personnel after a call for bids, as specified under rules and regulations established by the executive director of the department of personnel.
C.R.S. § 24-77-106 — CO Code / Title 24 / Article 77 / Part 1 / Section 24-77-106
24-77-106. Establishment of annual allowable uncommitted reserves - legislative declaration
Status: in_force

24-77-106. Establishment of annual allowable uncommitted reserves - legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Section 20 of article X of the state constitution limits state fiscal year spending;

(b) Subject to certain exclusions specified in section 20 of article X of the state constitution, all state general fund revenues and all state cash fund revenues are included in the limitation on state fiscal year spending;

(c) The legislative powers of the general assembly, including but not limited to its plenary power of appropriation, authorize and require the general assembly to assure compliance with the limitation on state fiscal year spending and to make fundamental fiscal policy decisions establishing the level of activity of all departments and agencies of state government, including those funded by revenues generated from fees; and

(d) Consonant with the exercise of such legislative powers, the general assembly must establish limits on the amount of uncommitted reserves that may be maintained by the departments and agencies of state government for cash funds under their control and must exercise any other necessary controls on cash fund revenues, including but not limited to the power of appropriation.

(2) (Deleted by amendment, L. 99, p. 1237, § 4, effective August 4, 1999.)

(3) For the 1999-2000 fiscal year and each fiscal year thereafter, each department or agency of state government shall maintain the uncommitted reserves of any cash fund under its control in accordance with section 24-75-402.
C.R.S. § 24-80-912.5 — CO Code / Title 24 / Article 80 / Part 9 / Section 24-80-912.5
24-80-912.5. State mineral
Status: in_force

24-80-912.5. State mineral. Rhodochrosite is hereby made and declared to be the state mineral of the state of Colorado.
C.R.S. § 24-115-110 — CO Code / Title 24 / Article 115 / Section 24-115-110
24-115-110. Critical needs notes - issuance schedule - distribution of note proceeds
Status: in_force

24-115-110. Critical needs notes - issuance schedule - distribution of note proceeds. (1) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (1), if the general assembly passes and the governor signs a joint resolution that requires the submission of a ballot issue to voters statewide that seeks authorization for the state to incur multiple-fiscal year financial obligations by issuing critical needs notes and the voters approve the ballot issue an issuing authority may issue, on one or more occasions, notes, which shall have a maximum maturity of no more than twenty-five years. The board or the executive director, as applicable, shall determine the specific dates on which the issuing authority issues notes, the principal amount of notes to be issued on any date, and the redemption and other terms of notes.

(b) An issuing authority shall issue notes only for the purposes, under the terms, and up to the maximum amounts approved by voters through the approval of a statewide ballot issue.

(c) If the amount of excess state revenues that is retained by the state as authorized by voters statewide through their approval of House Bill 05-1194, enacted at the first regular session of the sixty-fifth general assembly, at the November 2005 statewide election for any state fiscal year that immediately precedes a state fiscal year in which an issuing authority may issue notes is less than the maximum amount of annual payments of principal and interest on notes authorized by voters statewide for the state fiscal year in which the issuing authority may issue notes or any subsequent state fiscal year, the general assembly, by passage of a joint resolution, may, but shall not be required to, limit the maximum amount of scheduled annual payments of principal and interest on notes issued after the effective date of the joint resolution to any amount that is greater than or equal to the difference between the amount of excess state revenues retained and the amount of scheduled annual payments of principal and interest on notes issued prior to the effective date of the joint resolution. The passage of a joint resolution limiting the maximum amount of scheduled annual payments of principal and interest on notes shall not affect the voter authorization of notes, including, but not limited to, any restriction on the scheduled annual payments of principal and interest on notes or any other terms specified in the voter-approved ballot issue that authorized the issuance of the notes. The general assembly, by passage of a subsequent joint resolution, may remove or modify any limit imposed by joint resolution on the maximum amount of scheduled annual payments of principal or interest on notes, subject to any limits set forth in the voter-approved ballot issue that authorized the issuance of the notes.

(2) (a) An issuing authority shall issue notes pursuant to a certificate executed by the board or the executive director, a trust indenture between the issuing authority and any commercial bank or trust company having full trust powers, or any other instrument issued or executed by the issuing authority.

(b) As the board or the executive director deems appropriate, the certificate, trust indenture, or other instrument authorizing notes may contain provisions setting forth the rights and remedies of the owners or holders of the notes, provisions for protecting and enforcing the rights and remedies of the owners or holders of the notes, and any other provisions for the security of the owners or holders of the notes. The provisions may include, but shall not be limited to, provisions regarding letters of credit, insurance, stand-by credit agreements, or other forms of credit ensuring timely payment of the notes, including the redemption price or the purchase price, and provisions regarding the reimbursement of providers of the credit from moneys available for the payment of principal of and interest on the notes for any amounts paid by the providers with respect to the notes.

(3) (a) A certificate, trust indenture, or other instrument authorizing the issuance of notes in accordance with the provisions of this article may pledge to the payment of notes all or any portion of the proceeds from the issuance of such notes and the moneys appropriated to the critical needs fund pursuant to section 24-115-111 to pay the principal or interest on notes. Proceeds and moneys pledged shall be used only for the purpose or purposes for which they are pledged. Any pledge of the proceeds of notes shall be valid and binding from the date of issuance of the notes. Any pledge of moneys appropriated to the fund shall be valid and binding from the time the moneys were appropriated to the fund pursuant to section 24-115-111. A pledge shall create a valid security interest, proceeds and moneys pledged shall immediately be subject to the lien of the pledge and security interest without any physical delivery or further act, and the lien of the pledge and security interest shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party irrespective of whether the claiming party has notice of the lien. The instrument by which the pledge and security interest is created need not be recorded or filed in order to perfect the pledge and security interest.

(b) An issuing authority shall apply the gross proceeds of notes issued pursuant to subsection (1) of this section that are not pledged to the payment of the notes or allocated to the payment of costs associated with the issuance and administration of the notes for the purposes specified in the ballot issue approved by voters of the state that authorized the issuance of the notes.

(4) Subject to the provisions of subsection (1) of this section, notes may be issued in any aggregate principal amount, may be issued in one or more series by the corporation or in three or more series by the department, may bear any dates, may be in any denomination or denominations, may mature on any date or dates, may mature in any amount or amounts, may be in any form, may be payable at any place or places, may be subject to any terms of redemption with or without a premium, may contain any provisions that the board or the executive director deems appropriate regarding insurance to ensure the timely payment of the notes, and may contain any other provisions not inconsistent with the provisions of this article as the board or the executive director may determine; except that the maximum amount of notes that the department may issue before January 1, 2007, is six hundred million dollars.

(5) The rate or rates of interest borne by notes may be fixed, adjustable, or variable, or any combination thereof, without regard to any interest rate limitation appearing in any other law of this state. If any rate or rates are adjustable or variable, the standard, index, method, or formula shall be determined by the board or the executive director.

(6) Notes may be sold at public or private sale and may be sold at, above, or below the principal amounts thereof. The sale of notes shall not be subject to the "Procurement Code", articles 101 to 112 of this title, but when contracting for necessary and advisable services connected to the issuance of notes, the board or the executive director, whichever is applicable, shall use an open and transparent competitive selection process determined by the board or the executive director that provides the public sufficient information to evaluate the process.

(7) Notes shall be signed on behalf of the state by the members of the board, or by the executive officer of the board if authorized by the board, or by the executive director. Pursuant to article 55 of title 11, C.R.S., the applicable signature or signatures may be one or more facsimile signatures imprinted, engraved, stamped, or otherwise placed on the notes. If all of the signatures on notes are facsimile signatures, provision shall be made for a manual authenticating signature on the notes by or on behalf of a designated authenticating agent.

(8) Subject to the provisions of subsection (1) of this section, the power to fix the date of sale of notes, to receive bids or proposals, to award and sell notes, to fix interest rates, and to take all other action necessary to sell and deliver notes may be delegated to an agent of the board or the executive director.

(9) Any outstanding notes may be refunded by the board or the executive director pursuant to article 56 of title 11, C.R.S.

(10) The board or the executive director is authorized to engage the services of any investment bankers, consultants, financial advisors, underwriters, note insurers, letter of credit banks, rating agencies, agents, note counsel or other legal counsel, or other persons whose services may be required or deemed advantageous by the board or the executive director in connection with notes. The board or the executive director shall not be subject to the "Procurement Code", articles 101 to 112 of this title, when engaging services but shall use an open and transparent competitive selection process determined by the board or the executive director that provides the public sufficient information to evaluate the process.

(11) The board or the executive director may, with respect to notes that have been issued or proposed, enter into interest rate exchange agreements in accordance with article 59.3 of title 11, C.R.S.

(12) The executive director and any member or employee of the board are immune from personal liability for any action taken within the scope of their authority under this article.
C.R.S. § 24-32-311 — CO Code / Title 24 / Article 32 / Part 3 / Section 24-32-311
24-32-311. Foreign trade office within division
Status: repealed

24-32-311. Foreign trade office within division. (Repealed)
C.R.S. § 24-32-3323 — CO Code / Title 24 / Article 32 / Part 33 / Section 24-32-3323
24-32-3323. Sellers of manufactured homes and tiny homes - registration
Status: in_force

24-32-3323. Sellers of manufactured homes and tiny homes - registration. (1) Any seller is required to register with the division before engaging in the business of selling manufactured homes or tiny homes if either is installed in Colorado.

(2) A person applying for a registration or renewal required by this section must submit the application on a form provided by the division and must verify the application by a declaration signed and dated, under penalty of perjury, by a principal of the seller. The application must contain, in addition to any other information regarding the conduct of the seller's business that the division may reasonably require, the name, address, e-mail address, and position of each principal of the seller and each person who exercises management responsibilities as part of the seller's business activities. The application must also contain the address, e-mail address, and telephone number of each retail location operated by the applicant, as well as the location and account number of the separate fiduciary account required by section 24-32-3324 (1) and any board rules. The division must preserve the application and declaration and make them available for public inspection.

(3) (a) The division shall register an applicant that complies with subsection (2) of this section and that is qualified in accordance with this section and the rules promulgated under this section.

(b) A registration issued under subsection (3)(a) of this section is valid for twelve months after the date of issuance. The division shall not set the registration fee at an amount of more than two hundred dollars.

(c) If, after registering a seller, any of the required information submitted with the application for the registration becomes inaccurate, a principal of the seller shall notify the division in writing of the inaccuracy within thirty days and provide the division with accurate updated information.

(4) For purposes of this section, a person is not a seller if the person:

(a) Is a natural person acting personally in selling a manufactured home owned or leased by the person or a tiny home owned or leased by the person;

(b) Sells a manufactured home or a tiny home in the course of engaging in activities that are subject to article 10 of title 12 or an exemption set forth in article 10 of title 12;

(c) Sells a manufactured home or a tiny home for salvage or nonresidential use;

(d) Directly or indirectly sells, in any calendar year, three or fewer previously occupied manufactured homes or tiny homes that are owned by a mobile home park owner and are located within one or more mobile home parks in Colorado; or

(e) For a salary, commission, or compensation of any kind, is employed directly or indirectly by any registered seller to sell or negotiate for the sale of manufactured homes or tiny homes.
C.R.S. § 24-31-101 — CO Code / Title 24 / Article 31 / Part 1 / Section 24-31-101
24-31-101. Powers and duties of attorney general
Status: repealed

24-31-101. Powers and duties of attorney general. (1) The attorney general:

(a) Shall act as the chief legal representative of the state and be the legal counsel and advisor of each department, division, office, board, commission, bureau, and agency of state government but shall not provide legal counsel to the legislative branch except for the state auditor in accordance with section 2-3-104.5;

(b) Shall appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor;

(c) Shall prosecute and defend for the state all causes in the appellate courts in which the state is a party or is interested;

(d) Shall give his or her opinion in writing upon all questions of law submitted to the attorney general by the:

(I) General assembly, or either the house of representatives or the senate;

(II) Governor;

(III) Lieutenant governor;

(IV) Secretary of state;

(V) State treasurer;

(VI) Executive director of the department of revenue; or

(VII) Commissioner of education.

(e) Shall have concurrent jurisdiction with the relevant district attorney over part 4 of article 120 of title 12;

(f) May appoint deputy attorneys general and assistant attorneys general for the efficient administration and supervision of department divisions and offices specified in section 24-31-102;

(g) May, at his or her sole discretion, appoint special assistant attorneys general to provide legal services to state agencies except as otherwise provided in section 24-31-111 (5);

(h) Shall, at the request of the governor, secretary of state, state treasurer, executive director of the department of revenue, or commissioner of education, prosecute and defend all suits relating to matters connected with their departments;

(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:

(I) The "Colorado Antitrust Act of 1992" or the "Colorado State Antitrust Act of 2023", article 4 of title 6;

(II) The "Colorado Consumer Protection Act", article 1 of title 6;

(III) The "Unfair Practices Act", article 2 of title 6;

(IV) Article 12 of title 6;

(V) Section 6-1-110;

(VI) Section 11-51-603.5;

(VII) Section 11-61-102;

(VIII) Section 24-34-505.5;

(IX) Section 25.5-4-306;

(X) Article 4 of title 8, subject to section 24-31-1303 (2);

(XI) The "Colorado Employment Security Act", articles 70 to 82 of title 8, subject to section 24-31-1303 (1);

(XII) The "Immigrant Tenant Protection Act" in part 12 of article 12 of title 38;

(XIII) The "Mobile Home Park Act" in part 2 of article 12 of title 38;

(XIV) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" in part 11 of article 12 of title 38;

(XV) Part 1 of article 12 of title 38;

(XVI) Part 7 of article 12 of title 38;

(XVII) The "Rental Application Fairness Act", part 9 of article 12 of title 38;

(XVIII) The "Reproductive Health Equity Act", part 4 of article 6 of title 25;

(XIX) Part 15 of article 5 of title 25;

(XX) Part 5 of article 12 of title 38;

(XXI) Part 12 of article 4 of title 29;

(XXII) Part 14 of article 12 of title 38; and

(XXIII) Section 24-34-806.

(j) Shall have the powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title 24;

(k) May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law;

(l) When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state;

(m) Upon request of any employee in the state personnel system, shall represent such employee in any civil action or administrative proceeding instituted against such employee, either in the employee's official or individual capacity if the action or proceeding arises out of performance of the employee's official duties as determined by the attorney general and if the action or proceeding has not been brought by the state personnel director or the appointing authority of the employee seeking dismissal or other disciplinary action; except that the attorney general shall not represent any such employee in an action brought under section 24-50.5-105;

(n) Shall, pursuant to section 24-30-1507, represent expert witnesses and consultants described in section 24-30-1510 (3)(h);

(o) Shall keep in proper books a record of all official opinions and a register of all actions prosecuted or defended by him or her and of all proceedings had in relation thereto and the status of pending matters in his or her office, which books or registers the attorney general shall deliver to his or her successor. Publication of opinions or other material circulated in quantity outside the executive branch must be issued in accordance with section 24-1-136.

(p) May bring a civil action to enforce section 24-31-113;

(q) May bring a civil action to enforce section 24-31-307 (2) or a criminal action to enforce section 24-31-307 (3);

(r) May enter into interagency agreements pursuant to section 6-1-116 (4);

(s) May bring or intervene in a civil action, conduct investigations, and issue civil investigation demands pursuant to the "Colorado False Claims Act", part 12 of this article 31;

(t) May bring a civil action to enforce section 25-7-144;

(u) May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment;

(v) May expend money, manage staff, and perform other administrative functions essential for the operation of a district attorney's office when appointed by executive order of the governor; and

(w) May conduct jail assessments in collaboration with the jail standards advisory committee, created pursuant to section 30-10-530, pursuant to section 24-31-118.

(2) The general assembly hereby recognizes and reaffirms that the attorney general has all powers conferred by statute and by common law in accordance with section 2-4-211 regarding all trusts established for charitable, educational, religious, or benevolent purposes.

(3) and (4) Repealed.
C.R.S. § 24-32-2005 — CO Code / Title 24 / Article 32 / Part 20 / Section 24-32-2005
24-32-2005. Duties and functions of the youth service corps
Status: in_force

24-32-2005. Duties and functions of the youth service corps. (1) The youth service corps, through the director, and with the advice of the Colorado youth conservation and service corps council established in section 24-32-2003, shall:

(a) Recruit individuals for the youth service corps who are residents of the state unemployed at the time of application and who are at least sixteen years of age but who have not reached their twenty-fifth birthday;

(b) Match youth service corps members with appropriate local government agencies and community-based agencies and available projects;

(c) Develop general employment guidelines for placement of youth service corps members in local government agencies and community-based agencies which establish appropriate authority for hiring, firing, grievance procedures, and employment standards consistent with state and federal law;

(d) Monitor youth service corps members' activities for compliance with this part 20 and compliance with work agreements;

(e) Establish a program for providing incentives to encourage successful completion of the terms of enrollment in the youth service corps and the continuation of educational pursuits by awarding a youth service corps member a scholarship to a state institution of higher education, private college or university, private occupational school, or vocational school, in an amount not to exceed five thousand dollars, upon such successful completion;

(f) Enter into agreements with the state's institutions of higher education, community college system, vocational schools, and private occupational schools and with other educational institutions or independent nonprofit agencies to provide special education in basic skills, including reading, writing, and mathematics, for those youth service corps members who may benefit by participation in such classes;

(g) Assist youth service corps members in transition to employment, higher education, or vocational school upon termination from the programs, including such activities as orientation to the labor market, on-the-job training, and placement in the private sector;

(h) Coordinate youth employment and training efforts under its jurisdiction and cooperate with other state agencies or departments and program agencies providing youth services to ensure that funds appropriated for the purposes of this part 20 will not be expended to duplicate existing services but will increase the services of youth to the state;

(i) Recruit local government agencies and community-based agencies to employ the youth service corps members in service activities;

(j) Assist local government agencies and community-based agencies in the development of scholarships and matching funds from private and public sources, individuals, and foundations in order to support a portion of the youth service corps member's compensation; and

(k) Determine appropriate financial support levels by private businesses, community-based agencies, foundations, local government agencies, and individuals which will provide matching funds for youth service corps members in projects under work agreements.
C.R.S. § 24-71.5-112 — CO Code / Title 24 / Article 71.5 / Section 24-71.5-112
24-71.5-112. Effective date
Status: in_force

24-71.5-112. Effective date. This article takes effect on March 31, 2014.
C.R.S. § 24-75-704 — CO Code / Title 24 / Article 75 / Part 7 / Section 24-75-704
24-75-704. Investments - limitations
Status: in_force

24-75-704. Investments - limitations. (1) The investments made with local government investment pool trust fund moneys shall be limited to those instruments which all participating local governments may individually invest in by law. The trust fund shall not be used to circumvent such statutory limitations on the investment authority of participating local government entities.

(2) In order to assure compliance with subsection (1) of this section, the securities commissioner may, by rule or order, require trust funds to be in substantial compliance with the rules and regulations regarding money market funds promulgated by the securities and exchange commission under section 270 of the federal "Investment Company Act of 1940". The securities commissioner may, by rule or order, waive or modify such rules or orders if the securities commissioner finds that their application in a particular instance is not necessary in the public interest.
C.R.S. § 24-60-801 — CO Code / Title 24 / Article 60 / Part 8 / Section 24-60-801
24-60-801. Execution of compact
Status: in_force

24-60-801. Execution of compact. The governor is hereby authorized to execute a compact on behalf of this state with any other contiguous state or states joining therein in the form substantially as follows:

WESTERN INTERSTATE CORRECTIONS COMPACT

Article I

PURPOSE AND POLICY

The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of co-operation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of co-operation for the confinement, treatment and rehabilitation of offenders.

Article II

DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

(a) "State" means a state of the United States, or, subject to the limitation contained in Article VII, Guam.

(b) "Sending state" means a state party to this compact in which conviction was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.

(d) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

(e) "Institution" means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.

Article III

CONTRACTS

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefore, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

Article IV

PROCEDURES AND RIGHTS

(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care, or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

Article V

ACTS NOT REVIEWABLE IN RECEIVING STATE; EXTRADITION

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

Article VI

FEDERAL AID

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

Article VII

ENTRY INTO FORCE

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.

Article VIII

WITHDRAWAL AND TERMINATION

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

Article IX

OTHER ARRANGEMENTS UNAFFECTED

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

Article X

CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
C.R.S. § 24-33.5-1505 — CO Code / Title 24 / Article 33.5 / Part 15 / Section 24-33.5-1505
24-33.5-1505. Immunity
Status: in_force

24-33.5-1505. Immunity. (1) Except for willful and wanton acts or omissions, no state commission or agency or county or municipal agency, including local emergency planning committees, citizen corps councils, fire protection districts, and volunteer fire, ambulance, or emergency service and rescue groups, nor their officers, officials, directors, employees, or volunteers, when engaged in emergency planning, service, or response activities regarding a hazardous material release, threat of release, or act of terrorism, shall be liable for:

(a) The death of or injury to any person or for the loss of or damage to property or the environment resulting from the hazardous material release, threat of release, or act of terrorism; or

(b) The acts of an insurer or insurance company, corporation, association, or partnership, including any employees, contractors, or agents, engaged in activities intended to protect the insurable private property interests of the insurer's policyholders from harm, loss, damage, or destruction.

(1.5) (a) No private organization or any of its officers, officials, directors, employees, or volunteers, when working under the direction of a local emergency planning committee or state or local fire or law enforcement agency and when engaged in emergency planning, training, or response activities regarding a hazardous material release, threat of release, or act of terrorism, shall be liable for the death of or injury to any person or for the loss of or damage to property or the environment resulting from the hazardous material release, threat of release, or act of terrorism, except for willful and wanton acts or omissions.

(b) An insurer, insurance company, corporation, association, or partnership, including any employees, contractors, or agents, engaged in activities intended to protect the insurable private property interests of the insurer's policyholders from harm, loss, damage, or destruction does not constitute a private organization entitled to immunity from liability under the provisions of this section, and an employee, contractor, or agent of the insurer is not a volunteer as that term is defined or construed in accordance with the provisions of the "Colorado Governmental Immunity Act", article 10 of this title, regardless of whether such activities may be subject to the direction of a local emergency planning committee or a state or local fire or law enforcement agency.

(2) (a) No state commission or agency or county or municipal agency, including local emergency planning committees, incident management teams, citizen corps councils, citizen emergency response teams, medical reserve corps, fire protection districts, and volunteer fire, ambulance, or emergency service and rescue groups, nor their officers, officials, directors, employees, trainees, or volunteers, when engaged in planning, training, or response activities regarding a natural disaster, hazardous material release, public health emergency, or act of terrorism or the threat of any such disaster, release, emergency, or act, shall be liable for the death of or injury to any person or for the loss of or damage to property or the environment except for gross negligence or willful and wanton acts or omissions.

(b) Notwithstanding paragraph (a) of this subsection (2), a plaintiff may sue and recover civil damages from a person or entity specified in said paragraph (a) based upon a negligent act or omission involving the operation of a motor vehicle; except that the amount recovered from such person or entity shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such person or entity with respect to the negligent operation of a motor vehicle in such circumstances. However, nothing in this section shall be construed to limit the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.

(c) The general assembly intends that the provisions of this subsection (2) and of the "Colorado Governmental Immunity Act", article 10 of this title, be read together and harmonized. If any provision of this subsection (2) is construed to conflict with a provision of the "Colorado Governmental Immunity Act", the provision that grants the greatest immunity shall prevail.

(3) Neither the director nor any member of the subcommittee or any local emergency planning committee shall be liable for the death of or any injury to persons or loss or damage to property or the environment or any civil damages resulting from any act or omission arising out of the performance of the functions, duties, and responsibilities of the director or subcommittee or local emergency planning committee, except for acts or omissions which constitute willful misconduct.

(4) Nothing in this section abrogates or limits the immunity or exemption from civil liability of any agency, entity, or person under any statute, including the "Colorado Governmental Immunity Act", article 10 of this title, or section 13-21-108.5, C.R.S.
C.R.S. § 24-102-204 — CO Code / Title 24 / Article 102 / Part 2 / Section 24-102-204
24-102-204. Delegation of purchasing authority by the executive director of the department o
Status: repealed

24-102-204. Delegation of purchasing authority by the executive director of the department of personnel. (Repealed)
C.R.S. § 24-80.1-108.5 — CO Code / Title 24 / Article 80.1 / Section 24-80.1-108.5
24-80.1-108.5. Owner consent for inclusion of land and property in multiple property documentat
Status: in_force

24-80.1-108.5. Owner consent for inclusion of land and property in multiple property documentation form. Notwithstanding any other provision of law, prior to taking any action to approve a multiple property documentation form or to request the approval of the keeper of the national register of an executed multiple property documentation form, the society shall require the applicant to obtain the consent, evidenced by a signature, of each owner of the land and property included within the region of lands described in the form who provided any information or granted access to their land or property.
C.R.S. § 24-109-504 — CO Code / Title 24 / Article 109 / Part 5 / Section 24-109-504
24-109-504. Appeals - remedies following an award
Status: in_force

24-109-504. Appeals - remedies following an award. (1) If the executive director or his or her designee determines that the solicitation or award is in violation of this code in any material respect, the executive director or his or her designee may cancel or terminate such solicitation or award, direct the purchasing agency to modify such solicitation or award to eliminate any violations, or if the procurement official determines that the solicitation or award is in the best interests of the state, the procurement official may submit the recommendation to ratify the solicitation or award to the executive director or his or her designee. If the executive director or his or her designee elects to ratify the solicitation or award, the aggrieved party who should have been awarded the contract under the solicitation, but was not, shall be entitled to costs as set forth in section 24-109-505.

(2) If, upon judicial review under section 24-109-205, it is determined that a solicitation or proposed award is in violation of this code, the court shall direct the executive director to determine whether the best interests of the state require ratification, termination, or cancellation of the solicitation, award, or contract. The executive director or his or her designee shall issue a determination in writing, within ten business days of the court's direction, and direct the purchasing agency to comply with the determination. The determination of the executive director or his or her designee under the direction of the district court shall not be subject to further administrative or judicial appeal or review.

(3) If the executive director or his or her designee ratifies a solicitation or award in violation of this code, the aggrieved party who should have been, but was not, awarded the contract under the solicitation shall be entitled to costs as set forth in section 24-109-505.
C.R.S. § 24-31-314 — CO Code / Title 24 / Article 31 / Part 3 / Section 24-31-314
24-31-314. Advanced roadside impaired driving enforcement training
Status: in_force

24-31-314. Advanced roadside impaired driving enforcement training. (1) On and after October 1, 2013, the P.O.S.T. board is encouraged to include advanced roadside impaired driving enforcement training as an elective to basic field sobriety test training recertification.

(2) Subject to the availability of sufficient moneys, the P.O.S.T. board shall arrange to provide drug recognition expert training to certified peace officers who will act as trainers in advanced roadside impaired driving enforcement for all peace officers described in section 16-2.5-101, C.R.S.
C.R.S. § 24-76.5-102 — CO Code / Title 24 / Article 76.5 / Section 24-76.5-102
24-76.5-102. Definition
Status: in_force

24-76.5-102. Definition. As used in this article 76.5, unless the context otherwise requires, "state or local public benefits" shall have the same meaning as provided in 8 U.S.C. sec. 1621.
C.R.S. § 24-35-113 — CO Code / Title 24 / Article 35 / Part 1 / Section 24-35-113
24-35-113. Employees interchangeable
Status: in_force

24-35-113. Employees interchangeable. (1) It is the duty of the executive director of the department of revenue in the administration of his or her department to organize the same so that all employees of the department, insofar as possible, are interchangeable in work assignment, to the end that they may be shifted within the department of revenue so as to meet the demands upon any division, group, or branch of the department and the number of such employees kept to the minimum possible for efficient operation. It is likewise the duty of the said executive director, insofar as practicable, to centralize all record-keeping, filing, payroll, and other services required by the department and divisions thereof.

(2) In any fiscal year in which employees are shifted between divisions, groups, or branches of the department of revenue pursuant to subsection (1) of this section, the executive director of the department shall prepare a report that demonstrates that the total FTE funded with cash funds, reappropriated funds, and federal funds and appropriated to such a division, group, or branch of the department for such fiscal year has not been exceeded in that fiscal year by such division, group, or branch. Such report shall be submitted with the department's annual budget request to the joint budget committee.
C.R.S. § 24-32-721.5 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-721.5
24-32-721.5. Emergency direct assistance grant program - created - purposes of grants - rules
Status: repealed

24-32-721.5. Emergency direct assistance grant program - created - purposes of grants - rules - applications - fund created - report - definition - repeal. (Repealed)