C.R.S. § 24-60-1802 — CO Code / Title 24 / Article 60 / Part 18 / Section 24-60-1802
24-60-1802. Execution of compact
Status: in_force

24-60-1802. Execution of compact. The governor is authorized to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

ARTICLE I.

PURPOSE

The purpose of this interstate compact for the placement of children is to:

A. Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.

B. Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.

C. Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.

D. Provide for the promulgation and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states.

E. Provide for the uniform data collection and information sharing between member states under this compact.

F. Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and which provide services to children otherwise subject to this compact.

G. Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.

H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.

ARTICLE II.

DEFINITIONS

As used in this compact:

A. "Approved placement" means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child.

B. "Assessment" means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including, but not limited to, the child's safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is only applicable to a placement by a public child placing agency.

C. "Certification" means to attest, declare, or swear to before a judge, magistrate, or notary public.

D. "Child" means an individual who has not attained the age of eighteen (18).

E. "Default" means the failure of a member state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws, or rules of the Interstate Commission.

F. "Home study" means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.

G. "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section (3)(c) of the Alaska Native Claims Settlement Act at 43 U.S.C. sec. 1602(c).

H. "Interstate Commission for the Placement of Children" means the commission that is created under Article VIII of this compact and which is generally referred to as the Interstate Commission.

I. "Jurisdiction" means the power and authority of a court to hear and decide matters.

J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother's state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.

K. "Member state" means a state that has enacted this compact.

L. "Non-custodial parent" means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.

M. "Non-member state" means a state which has not enacted this compact.

N. "Notice of residential placement" means information regarding a placement into a residential facility provided to the receiving state including, but not limited to, the name, date, and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.

O. "Placement" means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state.

P. "Private child placing agency" means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.

Q. "Provisional placement" means a determination made by the public child placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.

R. "Public child placing agency" means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether it acts on behalf of a state, county, municipality, or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another.

S. "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.

T. "Relative" means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, first cousin, or a non-relative with such significant ties to the child that they may be regarded as relative(s) as determined by the court in the sending state.

U. "Residential facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care, and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, residential facilities do not include institutions primarily educational in character, hospitals, or other medical facilities.

V. "Rule" means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to Article XI of this compact that is of general applicability and that implements, interprets, or prescribes a policy or provision of the compact. "Rule" has the force and effect of an administrative rule in a member state, and includes the amendment, repeal, or suspension of an existing rule.

W. "Sending state" means the state from which the placement of a child is initiated.

X. "Service member's permanent duty station" means the military installation where an active duty Armed Services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.

Y. "Service member's state of legal residence" means the state in which the active duty Armed Services member is considered a resident for tax and voting purposes.

Z. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory of the United States.

AA. "State court" means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained the age of eighteen (18).

BB. "Supervision" means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this compact.

ARTICLE III.

APPLICABILITY

A. Except as otherwise provided in Article III, Section B, this compact shall apply to:

1. The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state, provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement.

2. The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:

a. The child is being placed in a residential facility in another member state and is not covered under another compact; or

b. The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.

3. The interstate placement of any child by a public child placing agency or private child placing agency as defined in this compact as a preliminary step to a possible adoption.

B. The provisions of this compact shall not apply to:

1. The interstate placement of a child in a custody proceeding in which a public child placing agency is not a party, provided the placement is not intended to effectuate an adoption.

2. The interstate placement of a child with a non-relative in a receiving state by a parent with the legal authority to make such a placement provided, however, that the placement is not intended to effectuate an adoption.

3. The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.

4. The placement of a child not subject to Article III, Section A into a residential facility by the child's parent.

5. The placement of a child with a non-custodial parent, provided that:

a. The non-custodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child; and

b. The court in the sending state makes a written finding that placement with the non-custodial parent is in the best interests of the child; and

c. The court in the sending state dismisses its jurisdiction in interstate placements in which the public child placing agency is a party to the proceeding.

6. A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.

7. Cases in which a United States citizen child living overseas with the child's family, at least one of whom is in the United States armed services, and who is stationed overseas, is removed and placed in a state.

8. The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the Interstate Commission.

C. For purposes of determining the applicability of this compact to the placement of a child with a family in the Armed Services, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.

D. Nothing in this compact shall be construed to prohibit the concurrent application of the provisions of this compact with other applicable interstate compacts, including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement, or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.

ARTICLE IV.

JURISDICTION

A. Except as provided in Article IV, Section H, and Article V, Section B, paragraphs two and three concerning private and independent adoptions, and in interstate placements in which the public child placing agency is not a party to a custody proceeding, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Such jurisdiction shall also include the power to order the return of the child to the sending state.

B. When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.

C. In cases that are before courts and subject to this compact, the taking of testimony for hearings before any judicial officer may occur in person or by telephone, audio-video conference, or such other means as approved by the rules of the Interstate Commission; and judicial officers may communicate with other judicial officers and persons involved in the interstate process as may be permitted by their Canons of Judicial Conduct and any rules promulgated by the Interstate Commission.

D. In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:

1. The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child placing agency in the receiving state; or

2. The child is adopted; or

3. The child reaches the age of majority under the laws of the sending state; or

4. The child achieves legal independence pursuant to the laws of the sending state; or

5. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state; or

6. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or

7. The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state.

E. When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.

F. Nothing in this article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which would be a violation of its laws.

G. Nothing in this Article shall limit the receiving state's ability to take emergency jurisdiction for the protection of the child.

H. The substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child, and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except:

1. When the child is a ward of another court that established jurisdiction over the child prior to the placement; or

2. When the child is in the legal custody of a public agency in the sending state; or

3. When a court in the sending state has otherwise appropriately assumed jurisdiction over the child, prior to the submission of the request for approval of placement.

I. A final decree of adoption shall not be entered in any jurisdiction until the placement is authorized as an "approved placement" by the public child placing agency in the receiving state.

ARTICLE V.

PLACEMENT EVALUATION

A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.

B. For placements by a private child placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state, upon receipt and immediate review of the required content in a request for approval of a placement in both the sending and receiving state public child placing agency. The required content to accompany a request for approval shall include all of the following:

1. A request for approval identifying the child, birth parent(s), the prospective adoptive parent(s), and the supervising agency, signed by the person requesting approval; and

2. The appropriate consents or relinquishments signed by the birth-parent(s) in accordance with the laws of the sending state, or where permitted, the laws of the state where the adoption will be finalized; and

3. Certification by a licensed attorney or authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state, or, where permitted, the laws of the state where finalization of the adoption will occur; and

4. A home study; and

5. An acknowledgment of legal risk signed by the prospective adoptive parent(s).

C. The sending state and the receiving state may request additional information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parent(s) with the child if the required content for approval has been submitted, received, and reviewed by the public child placing agency in both the sending state and the receiving state.

D. Approval from the public child placing agency in the receiving state for provisional or approved placement is required as provided for in the rules of the Interstate Commission.

E. The procedures for making and the request for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.

F. Upon receipt of a request from the public child placing agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination for a provisional placement.

G. The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and shall be entitled to receive, supporting or additional information necessary to complete the assessment or approve the placement.

H. The public child placing agency in the receiving state shall approve a provisional placement and complete or arrange for the completion of the assessment within the time frames established by the rules of the Interstate Commission.

I. For a placement by a private child placing agency, the sending state shall not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.

J. The Interstate Commission may develop uniform standards for the assessment of the safety and suitability of interstate placements.

ARTICLE VI.

PLACEMENT AUTHORITY

A. Except as otherwise provided in this compact, no child subject to this compact shall be placed into a receiving state until approval for such placement is obtained.

B. If the public child placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.

C. If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.

1. The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable Administrative Procedures Act.

2. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved, provided, however, that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.

ARTICLE VII.

PLACING AGENCY RESPONSIBILITY

A. For the interstate placement of a child made by a public child placing agency or state court:

1. The public child placing agency in the sending state shall have financial responsibility for:

a. The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and

b. As determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state.

2. The receiving state shall only have financial responsibility for:

a. Any assessment conducted by the receiving state; and

b. Supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending states.

3. Nothing in this provision shall prohibit public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.

B. For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency shall be:

1. Legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption.

2. Financially responsible for the child absent a contractual agreement to the contrary.

C. The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.

D. The public child placing agency in the receiving state shall provide, or arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.

E. Nothing in this compact shall be construed as to limit the authority of the public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.

F. Each member state shall provide for coordination among its branches of government concerning the state's participation in, and compliance with, the compact and Interstate Commission activities, through the creation of an advisory council or use of an existing body or board.

G. Each member state shall establish a central state compact office, which shall be responsible for state compliance with the compact and the rules of the Interstate Commission.

H. The public child placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) for placements subject to the provisions of this compact, prior to placement.

I. With the consent of the Interstate Commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact.

ARTICLE VIII.

INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN

The member states hereby establish, by way of this compact, a commission known as the "Interstate Commission for the Placement of Children". The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

A. Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.

B. Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy-related matters governed by this compact binding the state.

1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

2. A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

3. A representative shall not delegate a vote to another member state.

4. A representative may delegate voting authority to another person from their state for a specified meeting.

C. In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.

D. Establish an executive committee which shall have the authority to administer the day-to-day operations and administration of the Interstate Commission. It shall not have the power to engage in rulemaking.

ARTICLE IX.

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

A. To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact.

B. To provide for dispute resolution among member states.

C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.

D. To enforce compliance with this compact or the bylaws or rules of the Interstate Commission pursuant to Article XII.

E. To collect standardized data concerning the interstate placement of children subject to this compact as directed through its rules, which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.

F. To establish and maintain offices as may be necessary for the transacting of its business.

G. To purchase and maintain insurance and bonds.

H. To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies and rates of compensation.

I. To establish and appoint committees and officers including, but not limited to, an executive committee as required by Article X.

J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.

K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

O. To report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

P. To coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.

Q. To maintain books and records in accordance with the bylaws of the Interstate Commission.

R. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

ARTICLE X.

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. Bylaws

1. Within 12 months after the first Interstate Commission meeting, the Interstate Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.

2. The Interstate Commission's bylaws and rules shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

B. Meetings

1. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and upon the request of a simple majority of the member states shall call additional meetings.

2. Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the Interstate Commission's internal personnel practices and procedures; or

b. Disclose matters specifically exempted from disclosure by federal law; or

c. Disclose financial or commercial information which is privileged, proprietary, or confidential in nature; or

d. Involve accusing a person of a crime, or formally censuring a person; or

e. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy or physically endanger one or more persons; or

f. Disclose investigative records compiled for law enforcement purposes; or

g. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.

3. For a meeting, or a portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission or by court order.

4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic communication.

C. Officers and Staff

1. The Interstate Commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary to the Interstate Commission, but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.

2. The Interstate Commission shall elect, from among its members, a chairperson and a vice chairperson of the executive committee and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.

D. Qualified Immunity, Defense, and Indemnification

1. The Interstate Commission's staff director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.

a. The liability of the Interstate Commission's staff director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.

b. The Interstate Commission shall defend the staff director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

c. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgement, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

ARTICLE XI.

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

B. Rulemaking shall occur pursuant to the criteria set forth in this Article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.

C. When promulgating a rule, the Interstate Commission shall, at a minimum:

1. Publish the proposed rule's entire text stating the reason(s) for that proposed rule; and

2. Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available; and

3. Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

D. Rules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.

E. Not later than 60 days after a rule is promulgated, an interested person may file a petition in the U.S. District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.

F. If a majority of the legislatures of the member states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any member state.

G. The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this act shall be null and void no less than 12, but no more than 24, months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.

H. Within the first 12 months of operation, the Interstate Commission shall promulgate rules addressing the following:

1. Transition rules.

2. Forms and procedures.

3. Time lines.

4. Data collection and reporting.

5. Rulemaking.

6. Visitation.

7. Progress reports/supervision.

8. Sharing of information/confidentiality.

9. Financing of the Interstate Commission.

10. Mediation, arbitration, and dispute resolution.

11. Education, training, and technical assistance.

12. Enforcement.

13. Coordination with other interstate compacts.

I. Upon determination by a majority of the members of the Interstate Commission that an emergency exists:

1. The Interstate Commission may promulgate an emergency rule only if it is required to:

a. Protect the children covered by this compact from an imminent threat to their health, safety, and well-being; or

b. Prevent loss of federal or state funds; or

c. Meet a deadline for the promulgation of an administrative rule required by federal law.

2. An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.

3. An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission.

ARTICLE XII.

OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT

A. Oversight

1. The Interstate Commission shall oversee the administration and operation of the compact.

2. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.

3. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact.

4. The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to the Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission.

B. Dispute Resolution

1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.

2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.

C. Enforcement

1. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, its bylaws, or rules, the Interstate Commission may:

a. Provide remedial training and specific technical assistance; or

b. Provide written notice to the defaulting state and other member states, of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; or

c. By majority vote of the members, initiate against a defaulting member state legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal office, to enforce compliance with the provisions of the compact, its bylaws, or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees; or

d. Avail itself of any other remedies available under state law or the regulation of official or professional conduct.

ARTICLE XIII.

FINANCING OF THE COMMISSION

A. The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission which shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XIV.

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 states. The effective date shall be the later of July 1, 2007, or upon enactment of the compact into law by the 35th state. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of state human services administration with ultimate responsibility for the child welfare program of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XV.

WITHDRAWAL AND DISSOLUTION

A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a statute repealing the same. The effective date of the withdrawal shall be the effective date of the repeal of the statute.

3. The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing state's intent to withdraw.

4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the members of the Interstate Commission.

B. Dissolution of Compact

1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVI.

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.

ARTICLE XVII.

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other Laws

1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

B. Binding Effect of the Compact

1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provisions in question in that member state.

ARTICLE XVIII.

INDIAN TRIBES

Notwithstanding any other provision in this compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article 1. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.
C.R.S. § 24-103-1003 — CO Code / Title 24 / Article 103 / Part 10 / Section 24-103-1003
24-103-1003. Disparity study - report
Status: in_force

24-103-1003. Disparity study - report. (1) (a) The executive director shall commission a state disparity study regarding the participation of historically underutilized businesses in state contracts entered into by all principal departments of the executive branch of state government as specified in section 24-1-110, including any division, office, agency, or other unit created within a principal department and including institutions of higher education and the Colorado commission on higher education; except that the study shall not include those entities that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b). The study shall include state contracts entered into during the 2014-15, 2015-16, 2016-17, and 2017-18 state fiscal years.

(b) (I) The study must be conducted, and a final report prepared, by an entity independent of the department that is selected in response to a request for proposal issued in accordance with this code.

(II) The entities subject to the study pursuant to subsection (1)(a) of this section shall cooperate fully with the independent contractor engaged to conduct the study.

(c) The study and final report setting forth the study's methodologies, findings, and recommendations must be provided by December 1, 2020, to:

(I) The members of the general assembly; and

(II) The executive director, who shall transmit a copy of the disparity study final report produced pursuant to this section to the director of the minority business office created in section 24-49.5-102, which shall post the report on that office's official website.

(d) The executive director or the executive director's designee shall include the findings and recommendations from the final report required by subsection (1)(c) of this section in its report to the applicable house and senate committees of reference required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(2) (a) The purposes of the disparity study undertaken pursuant to this section are:

(I) To determine whether there is a disparity between the number of qualified historically underutilized businesses that are ready, willing, and able to perform state contracts for goods and services, and the number of such contractors actually engaged to perform such contracts, which information must be ascertained by evaluating the prime contracts and subcontracts awarded in the following industries:

(A) Construction, including new construction, remodeling, renovation, maintenance, demolition and repair of any public structure or building, pipeline construction, and other public improvements;

(B) Architecture and engineering, including construction management, landscape architecture, planning, surveying, mapping services, and design, build, and construction services;

(C) Professional services, including legal services, accounting, information technology services, medical services, technical services, research planning, and consulting services;

(D) Brokerage and investment, including banking, asset management, state retirement, and pension services; and

(E) Goods and services that may be provided or performed without professional licensure or special education or training, including, but not limited to, goods and services relating to materials, supplies, equipment, maintenance, personnel, pharmaceuticals, and food;

(II) To determine whether, of the total amount spent on state contracts in a fiscal year, there is a disparity between the percentage of spending attributable to contracts awarded to qualified historically underutilized businesses and the percentage of state contracts that were awarded to historically underutilized businesses in that fiscal year; and

(III) To determine what changes, if any, should be made to state policies affecting historically underutilized businesses.

(b) The disparity study must specifically include the following analyses, both for the historically underutilized businesses as a group and for each subgroup, as set forth in section 24-103-1002 (3)(a)(II):

(I) A prime contractor utilization analysis that presents the distribution of prime contracts by industry;

(II) A subcontractor utilization analysis that presents the distribution of subcontracts by the industries described in subsection (2)(a)(I) of this section;

(III) A market area analysis that presents the legal basis for the geographical market area determination and defines the state's market area;

(IV) A prime contractor and subcontractor availability analysis that presents the distribution of available businesses in the state's market area;

(V) A prime contractor disparity analysis that presents prime contractor utilization compared to prime contractor availability by industry and determines whether the comparison is statistically significant;

(VI) A subcontractor disparity analysis that presents subcontractor utilization compared to subcontractor availability by industry and determines whether the comparison is statistically significant;

(VII) A qualitative analysis that presents the business community's experiences and perceptions of barriers encountered in contracting or attempting to contract with the state; and

(VIII) Recommendations regarding best management practices and ways to enhance Colorado's contracting and procurement activities with historically underutilized businesses.

(c) (I) Any conclusion that discrimination-related disparity exists between the availability and utilization of historically underutilized businesses must be supported by statistical evidence and may be supplemented or supported by anecdotal evidence.

(II) If the analysis supports a finding that such disparity exists, the report must include recommendations to address the disparity, including any statutory changes likely to cure, mitigate, or redress such disparity. Any proposed remedial measures must be tailored to address documented statistical disparities in procurement policies.

(3) The general assembly may annually appropriate to the department of personnel such amount as it deems appropriate for the purposes specified in this part 10. Any unexpended and unencumbered money from an appropriation made for the purposes of this part 10 remains available for expenditure by the department for the purposes of this part 10 in the next fiscal year without further appropriation.
C.R.S. § 24-75-901 — CO Code / Title 24 / Article 75 / Part 9 / Section 24-75-901
24-75-901. Short title
Status: in_force

24-75-901. Short title. This part 9 shall be known and may be cited as the "Funds Management Act of 1986".
C.R.S. § 24-46.3-601 — CO Code / Title 24 / Article 46.3 / Part 6 / Section 24-46.3-601
24-46.3-601. Short title
Status: in_force

24-46.3-601. Short title. The short title of this part 6 is the "Investments in Reskilling, Upskilling, and Next-skilling Workers Act".
C.R.S. § 24-60-1302 — CO Code / Title 24 / Article 60 / Part 13 / Section 24-60-1302
24-60-1302. Article XX of state constitution not modified
Status: in_force

24-60-1302. Article XX of state constitution not modified. No provision of the multistate tax compact shall modify article XX of the constitution of the state of Colorado.
C.R.S. § 24-51-216 — CO Code / Title 24 / Article 51 / Part 2 / Section 24-51-216
24-51-216. Legal adviser
Status: in_force

24-51-216. Legal adviser. The attorney general shall be the legal adviser to the board upon request of the board, and the board shall have the authority to select and retain legal counsel in the board's discretion.
C.R.S. § 24-30-2114 — CO Code / Title 24 / Article 30 / Part 21 / Section 24-30-2114
24-30-2114. Surcharge - collection and distribution - address confidentiality program surcha
Status: repealed

24-30-2114. Surcharge - collection and distribution - address confidentiality program surcharge fund - creation - definitions. (1) On and after July 1, 2007, each person who is convicted of the crimes set forth in subsection (2) of this section shall be required to pay a surcharge of twenty-eight dollars to the clerk of the court for the judicial district in which the conviction occurs.

(2) The following crimes shall be subject to the surcharge set forth in subsection (1) of this section:

(a) Stalking;

(a.5) Human trafficking for involuntary servitude or human trafficking of a minor for involuntary servitude in violation of section 18-3-503;

(a.6) Human trafficking for sexual servitude or human trafficking of a minor for sexual servitude in violation of section 18-3-504;

(b) A crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence; or

(c) Criminal attempt, conspiracy, or solicitation to commit the crimes set forth in subsections (2)(a), (2)(a.5), (2)(a.6), and (2)(b) of this section.

(3) The clerk of the court shall allocate the surcharge required by this section as follows:

(a) Five percent shall be retained by the clerk of the court for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.

(b) Ninety-five percent shall be transferred to the state treasurer, who shall credit the same to the address confidentiality program surcharge fund created pursuant to subsection (4) of this section.

(4) (a) There is hereby created in the state treasury the address confidentiality program surcharge fund, which shall consist of moneys received by the state treasurer pursuant to this section. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the purpose of paying for the costs incurred by the executive director or his or her designee in the administration of the program. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated by the general assembly shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.

(b) (Deleted by amendment, L. 2011, (HB 11-1080), ch. 256, p. 1121, § 2, effective June 2, 2011.)

(c) Repealed.

(5) The court may waive all or any portion of the surcharge required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person is financially unable to pay.

(6) As used in this section, "convicted" and "conviction" mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, C.R.S., a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.
C.R.S. § 24-33.5-2108 — CO Code / Title 24 / Article 33.5 / Part 21 / Section 24-33.5-2108
24-33.5-2108. Repeal of part
Status: repealed

24-33.5-2108. Repeal of part. This part 21 is repealed, effective July 1, 2029.
C.R.S. § 24-105-301 — CO Code / Title 24 / Article 105 / Part 3 / Section 24-105-301
24-105-301. Contract clauses and their administration
Status: in_force

24-105-301. Contract clauses and their administration. (1) The executive director may promulgate rules requiring the inclusion in state construction contracts of clauses providing for adjustments in prices, time of performance, and other appropriate contract provisions affected by and covering the following subjects:

(a) The unilateral right of the state to order in writing changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work;

(b) Variations occurring between estimated quantities of work on a contract and actual quantities;

(c) Suspension of work ordered by the state; and

(d) Site conditions differing from those indicated in the contract or ordinarily encountered; except that differing site condition clauses required by the rules need not be included in a contract when the contract is negotiated or when the contractor provides the site or design.

(2) (a) Adjustments in price shall be computed in one or more of the following ways:

(I) By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;

(II) By unit prices specified in the contract or subsequently agreed upon;

(III) By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;

(IV) In such other manner as the contracting parties may mutually agree; or

(V) In the absence of agreement by the parties, by a unilateral determination by the state of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the state pursuant to the applicable sections of any rules issued under section 24-106-108, and subject to the provisions of article 109 of this title 24.

(b) A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of section 24-103-403.

(3) The executive director shall promulgate rules requiring the inclusion in state construction contracts of clauses providing for appropriate remedies and covering the following subjects:

(a) Liquidated damages as appropriate;

(b) Specified excuses for delay or nonperformance;

(c) Termination of the contract for default; and

(d) Termination of the contract in whole or in part for the convenience of the state.

(4) The contract clauses promulgated under this section may be set forth in rules; except that such rules shall be consistent with section 24-91-103.5 (1) and (2) and section 24-30-1303 (1)(s)(IV).
C.R.S. § 24-32-105 — CO Code / Title 24 / Article 32 / Part 1 / Section 24-32-105
24-32-105. Limitation of authority of division
Status: in_force

24-32-105. Limitation of authority of division. Nothing in this part 1 shall give to the division any power of control or supervision over any unit of local government.
C.R.S. § 24-51-1725 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1725
24-51-1725. Determination of option P2 or P3 benefits
Status: in_force

24-51-1725. Determination of option P2 or P3 benefits. For reduced superannuation retirements and disability recalculations, for members who retire with an effective date of retirement on or after December 31, 2004, the calculation of benefits payable pursuant to option P2 or P3, as set forth in sections 24-51-1723 and 24-51-1724, shall be actuarially determined as of the effective date of retirement or, in the case of a recalculation pursuant to the DPS plan document for a member retired for disability, the applicable recalculation date.
C.R.S. § 24-102-301 — CO Code / Title 24 / Article 102 / Part 3 / Section 24-102-301
24-102-301. Centralization of procurement authority
Status: in_force

24-102-301. Centralization of procurement authority. Except as otherwise provided in this part 3, all rights, powers, duties, and authority relating to the procurement of supplies, services, and construction and the sale and disposal of supplies, services, and construction are vested in the department of personnel except for the disposal of surplus state property as provided in section 17-24-106.6, C.R.S., and except as provided in part 4 of article 82 of this title.
C.R.S. § 24-51-1715 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1715
24-51-1715. Benefits
Status: in_force

24-51-1715. Benefits. (1) The annual superannuation retirement allowance shall be determined in the following manner:

(a) Subject to the provisions of paragraph (c) of this subsection (1) pertaining to certain members appointed or reappointed on or after July 1, 2005, and for persons who become affiliate members on or after July 1, 2005, the following calculations shall apply:

(I) If said member shall retire pursuant to section 24-51-1713, the highest average salary as defined in section 24-51-1702 (17) shall be multiplied by the primary percentage which shall determine the annual retirement allowance expressed as a single life annuity and known as option A.

(II) If, however, said member shall retire pursuant to section 24-51-1714 (2), and if the member has reached retirement eligibility as of January 1, 2011, and has attained a minimum age of fifty years, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by the lesser of four percent for each year that fifty-five exceeds said member's attained age or four percent for each year that thirty exceeds said member's number of years of active service with the district, in either case prorated for a partial year. For members who have not reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by an actuarially determined percentage as of the effective date of retirement to ensure that the benefit is the actuarial equivalent of the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a).

(III) If said member shall retire pursuant to section 24-51-1714 (2), and if the member has reached retirement eligibility as of January 1, 2011, and is younger than age fifty, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by the greater of four percent for each year that fifty exceeds said member's attained age or four percent for each year that thirty exceeds said member's number of years of active service with the district, in either case prorated for a partial year. For members who have not reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by an actuarially determined percentage as of the effective date of retirement to ensure that the benefit is the actuarial equivalent of the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a).

(IV) If said member shall retire pursuant to section 24-51-1714 (3), and the member has reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by the lesser of four percent for each year that twenty-five exceeds said member's number of years of active service with the district or four percent for each year that sixty-five exceeds said member's age, in either case prorated for a partial year. For members who have not reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by an actuarially determined percentage as of the effective date of retirement to ensure that the benefit is the actuarial equivalent of the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a).

(V) If said member shall retire pursuant to section 24-51-1714 (4), and if the member has reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by four percent for each year that fifty exceeds said member's age. For members who have not reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a), shall be reduced by an actuarially determined percentage as of the effective date of retirement to ensure that the benefit is the actuarial equivalent of the annual retirement allowance, calculated pursuant to subparagraph (I) of this paragraph (a).

(b) If a reduction percentage is applicable, prior to calculation of the reduced retirement allowance, the annuity portion shall be determined and subtracted from the retirement allowance in order to determine the pension portion, using the terms of section 24-51-1726, if applicable, and then the reduced retirement allowance shall be determined by application of the appropriate reduction. The annuity portion of said allowance, as determined prior to the reduction, shall be subtracted from the reduced retirement allowance in order to determine the pension portion, if any, that may be applicable. In no event shall any reduced retirement allowance be less than the annuity portion of said allowance as determined prior to the reduction percentage. Said annual retirement allowance shall be payable on a monthly basis and shall continue for so long as said member shall live or so long as may be provided under any option available to and elected by such member pursuant to the provisions of this retirement plan. Payment shall be made at the end of the calendar month for any retirement allowance attributable to said month, and upon the death of said member payment shall be allowed for that portion of the calendar month in which death occurs up to and including the date of death.

(c) In making the calculation of the annual retirement allowance adjustment for a member who initially was appointed or who became an affiliate member on or after July 1, 2005, and who has reached retirement eligibility as of January 1, 2011, the reduction percentage provided in paragraph (a) of this subsection (1) shall be changed in each instance from four percent to six percent. For members who have not reached retirement eligibility as of January 1, 2011, the annual retirement allowance, calculated pursuant to subparagraph (I) of paragraph (a) of this subsection (1), shall be reduced by an actuarially determined percentage as of the effective date of retirement to ensure that the benefit is the actuarial equivalent of the annual retirement allowance, calculated pursuant to subparagraph (I) of paragraph (a) of this subsection (1).
C.R.S. § 24-38.5-116 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-116
24-38.5-116. Industrial and manufacturing operations clean air grant program - creation - eli
Status: repealed

24-38.5-116. Industrial and manufacturing operations clean air grant program - creation - eligibility - fund created - gifts, grants, or donations - transfer - legislative declaration - definitions - reporting - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a) The industrial and manufacturing sector is one of the five largest sources of greenhouse gas pollution in the state;

(b) Industrial emissions often:

(I) Disproportionately impact low-income, minority, or housing cost-burdened communities in the state; and

(II) Contain hazardous air pollutants that cause or exacerbate existing health conditions, which, in turn, contribute further to the existing economic disparity between the disproportionately impacted communities and other communities of the state; and

(c) While state and federal regulation of industrial air pollution, including pollution from greenhouse gases, is essential for public health and for achieving state climate goals and addressing ozone nonattainment, voluntary actions are needed to achieve further reductions in industrial pollution.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) "Air pollutant":

(I) Has the meaning set forth in section 25-7-103 (1.5); and

(II) Includes air toxics, particulates, ozone precursors, and greenhouse gases.

(b) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(c) "Fund" means the industrial and manufacturing operations clean air grant program cash fund created in subsection (6) of this section.

(d) "Grant program" means the industrial and manufacturing operations clean air grant program created in subsection (3)(a) of this section.

(e) "Greenhouse gas" has the meaning set forth in section 2-2-322.3 (1)(a).

(f) (I) "Industrial and manufacturing operations" means commercial activities in which air pollutants are emitted during or as a result of the activities.

(II) "Industrial and manufacturing operations" includes, but is not limited to, operations:

(A) By energy producers, refineries, meat packing plants, dairies, steel mills, cement plants, manufacturing operations, mining operations, and airline operations; and

(B) At airports, wastewater treatment plants, landfills, and abandoned coal mines.

(g) "Local government" means a statutory or home rule municipality, county, city and county, or special district.

(h) "Nonattainment area" means an area of the state that the federal environmental protection agency has designated as being in nonattainment with a national ambient air quality standard.

(i) "Office" means the Colorado energy office created in section 24-38.5-101.

(j) "Public-private partnership" means a partnership between a local government and a private entity that engages in industrial and manufacturing operations.

(k) "Special district" means any quasi-municipal corporation and political subdivision organized or acting pursuant to title 32, including a metropolitan district and a water and sanitation district.

(l) "Voluntary project" means a project that a private entity, local government, or public-private partnership implements or plans to implement on a voluntary basis to reduce emissions of harmful air pollutants resulting from industrial and manufacturing operations.

(3) Grant program. (a) The industrial and manufacturing operations clean air grant program is created to allow private entities, local governments, and public-private partnerships to apply to the office for grant money to help finance voluntary projects to reduce emissions of air pollutants from industrial and manufacturing operations. The office shall administer the grant program.

(b) In administering the grant program, the office shall:

(I) Establish an application process for private entities, local governments, tribal governments, and public-private partnerships to apply for money to help finance voluntary projects and post information about the application process on the office's website;

(II) Determine types of voluntary projects that are eligible for money under the grant program, which types of voluntary projects may include:

(A) Energy efficiency projects;

(B) Renewable energy projects;

(C) Beneficial electrification projects;

(D) Transportation electrification projects;

(E) Projects producing or utilizing clean hydrogen. If clean hydrogen projects are proposed to receive grant money, the office shall prioritize grant applications for clean hydrogen projects that utilize green hydrogen through electrolysis powered entirely by renewable electric resources over grant applications for clean hydrogen projects that utilize any other clean hydrogen production technology, which other clean hydrogen projects, if awarded grant money, must comply with section 42 U.S.C. sec. 16152 (1).

(F) Projects involving carbon capture at industrial facilities and direct air capture projects;

(G) Methane capture from landfills, sewage treatment plants, active or inactive coal mines, or agricultural operations;

(H) Projects producing or utilizing sustainable aviation fuel; and

(I) Industrial process changes that reduce emissions;

(III) Develop criteria for awarding money under the grant program, which criteria must include considering statewide carbon management priorities including community and health protections and requiring project data reporting as determined in the carbon management roadmap created in section 24-38.5-122 and giving priority for voluntary projects located in:

(A) Disproportionately impacted communities; or

(B) Nonattainment areas;

(IV) Establish the minimum amount of matching money that an applicant needs to provide to be eligible under the grant program;

(V) Determine how a grantee must demonstrate that a voluntary project reduces emissions of air pollutants and ozone precursors, including any modeling requirements for project evaluation and monitoring and testing requirements during project implementation and after project completion;

(VI) Require periodic reporting requirements for a grantee to demonstrate that the money awarded is being used in compliance with the purposes of this section; and

(VII) Establish procedures for addressing a grantee's noncompliance with this section, including procedures for reimbursement of money awarded.

(VIII) (A) Ensure that all types of carbon management projects, with the exception of agricultural, forestry, and enhanced oil recovery projects, are eligible for money under the grant program.

(B) As used in this subsection (3)(b)(VIII), "carbon management" has the same meaning as set forth in section 24-38.5-122 (1)(a), and "enhanced oil recovery" has the same meaning as set forth in section 24-38.5-122 (1)(b).

(c) (I) Grants cannot be awarded for greenhouse gas emissions reduction improvements put in service at an industrial facility for which an industrial clean energy tax credit is received pursuant to section 39-22-551.

(II) As used in this subsection (3)(c), unless the context otherwise requires:

(A) "Greenhouse gas emissions reduction improvements" has the same meaning as set forth in section 39-22-551 (2)(e).

(B) "Industrial facility" has the same meaning as set forth in section 39-22-551 (2)(g).

(4) The office may use up to nine percent of the money in the fund to cover:

(a) The direct and indirect costs the office incurs in administering the grant program; and

(b) Interagency money transfers for technical support that the department of public health and environment or the department of natural resources may provide the office in administering the grant program.

(5) Reporting. (a) On or before January 1, 2025, and on or before January 1 of each year thereafter, the office shall prepare a report summarizing the progress of the grant program and submit the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees. The office shall post a copy of each report on its website.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in subsection (5)(a) of this section continue until the grant program repeals pursuant to subsection (7) of this section.

(6) Fund. (a) (I) The industrial and manufacturing operations clean air grant program cash fund is created in the state treasury, and the office shall administer the fund for the purposes of this section. The fund consists of any money that the general assembly may transfer or appropriate to the fund for implementation of the grant program and any federal money or gifts, grants, or donations received pursuant to subsection (6)(a)(II) of this section.

(II) For the purposes of this section, the office may seek, accept, and expend:

(A) Money from federal sources; and

(B) Gifts, grants, or donations from private or public sources.

(III) The office shall transmit any money received pursuant to subsection (6)(a)(II) of this section to the state treasurer, who shall credit the money to the fund.

(b) (I) Except as otherwise provided in subsection (6)(b)(II) of this section, the money in the fund is continuously appropriated to the office for the purposes set forth in this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year remains in the fund; except that the state treasurer shall transfer any money remaining in the fund at the end of the 2027-28 state fiscal year to the general fund.

(II) For state fiscal years 2023-24 and 2024-25, the office and, subject to annual appropriation, the department of revenue may expend money from the fund for the administration and implementation of the industrial clean energy tax credit created in section 39-22-551 and the tax credit for sustainable aviation fuel production facility created in section 39-22-556. The office shall keep an accounting of all money expended from the fund pursuant to this subsection (6)(b)(II) for purposes of calculating the repayment of the administrative costs required by section 24-38.5-120 (3).

(c) Repealed.

(7) Repeal. This section is repealed, effective September 1, 2029.
C.R.S. § 24-51-303 — CO Code / Title 24 / Article 51 / Part 3 / Section 24-51-303
24-51-303. Members of the general assembly
Status: repealed

24-51-303. Members of the general assembly.

(1) Repealed.

(2) A member of the general assembly who served as a legislator prior to July 1, 1967, shall be granted service credit for such prior service upon becoming a member of the association if such legislator had not elected to be exempt from membership during any period of legislative service prior to establishment of membership.

(3) and (4) Repealed.
C.R.S. § 24-33.5-1002 — CO Code / Title 24 / Article 33.5 / Part 10 / Section 24-33.5-1002
24-33.5-1002. Evacuation drill - district liability
Status: in_force

24-33.5-1002. Evacuation drill - district liability. In the event that such school district and the respective local civil defense agency or authorities desire to perform an evacuation drill for any or all school buildings, the board of education of such school district and its officers, employees, and agents participating therein shall be relieved of all liability, except as otherwise provided by article 10 of this title, with regard to the accidental injury of any pupil during school hours from the time that the pupil leaves the school building until such pupil's return to the building at the conclusion of the evacuation drill.
C.R.S. § 24-60-2204 — CO Code / Title 24 / Article 9 / Section 24-60-2204
24-60-2204. Definitions
Status: in_force

24-60-2204. Definitions. As used in sections 24-60-2205 to 24-60-2212, unless the context otherwise requires:

(1) "Department" means the department of public health and environment.

(2) "Facility" means a low-level radioactive waste facility capable of serving as a regional disposal or management site for low-level radioactive waste and which complies with the provisions of the "Rocky Mountain Low-level Radioactive Waste Compact" set forth in section 24-60-2202.

(3) "Low-level radioactive waste" means radioactive waste, other than:

(a) Waste generated as a result of defense activities of the federal government or federal research and development activities;

(b) High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted;

(c) Waste material containing transuranic elements with contamination levels greater than ten nanocuries per gram of waste material;

(d) Byproduct material as defined in Section 11 e. (2) of the "Atomic Energy Act of 1954", as amended on November 8, 1978; or

(e) Wastes from mining, milling, smelting, or similar processing of ores and mineral-bearing material primarily for minerals other than radium.
C.R.S. § 24-51-311 — CO Code / Title 24 / Article 51 / Part 3 / Section 24-51-311
24-51-311. Continuation of membership
Status: in_force

24-51-311. Continuation of membership. Notwithstanding the provisions of section 24-51-310, employees of a public hospital which is sold, leased, or otherwise transferred to a nonprofit corporation organized pursuant to the laws of this state for the purpose of conducting a hospital, or employees of an association-affiliated employer that has transferred title pursuant to section 26-12-112 (5)(a), C.R.S., to an entity organized pursuant to the laws of the state for the purpose of conducting a long-term care facility or health-care facility, may continue membership in the association if the board determines, in its sole discretion, that continued membership will not adversely affect its qualified governmental plan status and if the transfer agreement provides for continuance of membership and the new employer agrees to submit to the association the appropriate amount of employer and member contributions and disbursements pursuant to part 4 of this article.
C.R.S. § 24-92-301 — CO Code / Title 24 / Article 92 / Part 3 / Section 24-92-301
24-92-301. Short title
Status: in_force

24-92-301. Short title. The short title of this part 3 is the "Colorado Energy Sector Public Works Project Craft Labor Requirements Act".
C.R.S. § 24-31-905 — CO Code / Title 24 / Article 31 / Part 9 / Section 24-31-905
24-31-905. Prohibited law enforcement action in response to protests
Status: in_force

24-31-905. Prohibited law enforcement action in response to protests. (1) In response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not:

(a) Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back;

(b) Discharge kinetic impact projectiles indiscriminately into a crowd; or

(c) Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.
C.R.S. § 24-33.5-216 — CO Code / Title 24 / Article 33.5 / Part 2 / Section 24-33.5-216
24-33.5-216. Patrol services furnished to governor and lieutenant governor
Status: in_force

24-33.5-216. Patrol services furnished to governor and lieutenant governor. The chief shall provide a motor vehicle and driver for the use of the governor of the state during his term of office. The chief shall also assign officers to protect the governor and his immediate family. Officers assigned to this duty shall be selected by the chief with the approval of the governor. The chief shall also provide a motor vehicle for the lieutenant governor and, at the discretion of the governor, may assign an officer to provide protection for the lieutenant governor in the performance of the duties of such office. The chief shall also make available an officer to protect any governor-elect.
C.R.S. § 24-60-2403 — CO Code / Title 24 / Article 9 / Part 24 / Section 24-60-2403
24-60-2403. Compacts authorized
Status: in_force

24-60-2403. Compacts authorized. (1) Pursuant to authorization contained in Title IV-E and Title XIX of the federal "Social Security Act", as amended, the department of human services is hereby authorized to develop, participate in the development of, negotiate for, and enter into one or more interstate compacts on behalf of the state of Colorado with other states to implement the following purposes:

(a) The protection of children on behalf of whom adoption subsidy payments are being provided by the department of human services pursuant to article 7 of title 26, C.R.S.;

(b) The implementation of procedures for interstate payments in subsidization of adoption, including medical payments.

(2) When so entered into by the department of human services, any such compact shall have the force and effect of a law for so long as it shall remain in effect.
C.R.S. § 24-60-1004 — CO Code / Title 24 / Article 60 / Part 10 / Section 24-60-1004
24-60-1004. Annual budget
Status: in_force

24-60-1004. Annual budget. The department of human services in its annual budget shall include such amounts necessary to discharge the financial obligations incurred by it to carry out the purposes of the interstate compact on mental health, and the general assembly shall appropriate such sums necessary therefor.
C.R.S. § 24-33.5-218 — CO Code / Title 24 / Article 33.5 / Part 2 / Section 24-33.5-218
24-33.5-218. Patrol has access to files
Status: in_force

24-33.5-218. Patrol has access to files. The Colorado state patrol shall have access to all motor vehicle files at all times for the purpose of enforcing the provisions of this part 2 and shall assist the department of revenue whenever necessary and by whatever means is required on all investigations and inspections of foreign titles to cars that are to be sold or licensed within the state whenever the persons do not have the proper bills of sale, titles, or proof of ownership.
C.R.S. § 24-80-101 — CO Code / Title 24 / Article 80 / Part 1 / Section 24-80-101
24-80-101. Definitions
Status: in_force

24-80-101. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Governmental agency" means any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof.

(2) "Records" means all books, papers, maps, photographs, audio recordings, visual recordings, audio-visual recordings, or other documentary materials, regardless of format, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official governmental data contained therein. As used in this part 1, the following are excluded from the definition of records:

(a) Materials that are not made or received by any governmental agency in pursuance of law or in connection with the transaction of public business but that are preserved or appropriate for preservation because of the value of the data contained therein or because of the historical value of the materials themselves;

(b) Library books, pamphlets, newspapers, or museum material made, acquired, or preserved for reference, historical, or exhibition purposes;

(c) Private papers, manuscripts, letters, diaries, pictures, biographies, books, and maps, including materials and collections previously owned by persons who are not associated with a governmental agency and that are transferred by the previous owners to the state historical society;

(d) Extra copies of publications or duplicated documents preserved for convenience of reference;

(e) Stocks of publications; and

(f) Electronic mail messages, regardless of whether such messages are produced or stored using state-owned equipment or software, unless the recipient has previously segregated and stored such messages as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official governmental data contained therein.

(3) "State agency" means any department, division, board, bureau, commission, institution, or agency of the state.

(4) "State archivist" means the head of state archives and records appointed by the executive director of the department of personnel.
C.R.S. § 24-32-1711 — CO Code / Title 24 / Article 32 / Part 17 / Section 24-32-1711
24-32-1711. Statewide balance carryforward allocations
Status: in_force

24-32-1711. Statewide balance carryforward allocations. (1) Any portion of the statewide balance that has not been allocated to bonds that were issued on or before December 23 or that the issuing authority elected not to issue pursuant to a mortgage credit certificate election made on or before December 23 or that are not the subject of a proper carryforward election under section 24-32-1705 (3)(b) or 24-32-1706 (3)(b) shall be available for allocations to carryforward purposes on and after December 26.

(2) Any issuing authority may apply to the department for allocations from the statewide balance for carryforward purposes by delivering to the department the information and attachments required under section 24-32-1709.

(3) On or before December 29, the executive director of the department shall determine the allocations from the statewide balance to carryforward purposes. The executive director shall make such determinations in his sole discretion, taking into account the likelihood that the bonds will in fact be issued during the carryforward period and such other factors as the executive director deems relevant. The department shall notify the issuing authority of any such allocation to a carryforward purpose to be received by it by no later than 5 p.m. on December 29, which notice may be written, oral, or telephonic. Any such oral or telephonic notice shall be confirmed by a writing mailed no later than December 29.
C.R.S. § 24-70-105 — CO Code / Title 24 / Article 70 / Part 1 / Section 24-70-105
24-70-105. Proof of publication
Status: in_force

24-70-105. Proof of publication. Proof of the publication of any such legal notice or advertisement may be made by the affidavit of the printer, editor, publisher, or proprietor of the newspaper in which the publication is made or by any other competent person who has personal knowledge of the essential facts, which affidavit, in addition to the other matters required by law to be set forth therein, shall state that such notice or advertisement was published in a newspaper duly qualified for that purpose.
C.R.S. § 24-113-101 — CO Code / Title 24 / Article 113 / Section 24-113-101
24-113-101. Legislative declaration
Status: in_force

24-113-101. Legislative declaration. The general assembly hereby finds and declares that state government competes with the private sector when state government provides certain goods and services to the public. Recognizing this problem, it is the intent of the general assembly and the purpose of this article to provide additional economic opportunities to private industry and to regulate competition by state agencies, including institutions of higher education. To that end, it is the intent of the general assembly that neither the faculty nor administration of such institutions use research equipment or facilities purchased or provided with state funds to provide goods or services to the public for a fee when such action is in direct competition with private companies that provide similar goods or services.
C.R.S. § 24-1-135.5 — CO Code / Title 24 / Article 1 / Section 24-1-135.5
24-1-135.5. Boards and commissions - definitions
Status: in_force

24-1-135.5. Boards and commissions - definitions. (1) As used in this section, "board" includes any board, commission, committee, task force, or other similar body created in the state constitution or state statute.

(2) Unless a section of the state constitution or a statute creating a board provides otherwise:

(a) Any vacancy in an appointed office on a board arising for any reason other than the expiration of the member's term shall be filled by the appointing authority who made the initial appointment for the remainder of the unexpired term. An appointment to fill a vacancy is subject to the same qualifications and conditions as set forth in statute or in the state constitution for the vacant position. The staff of a state agency that provides staff support to the board, or, if no agency provides staff support to the board, the chair of the board, shall notify the appointing authority for the vacant position of the vacancy by e-mail within thirty days of the vacancy occurring.

(b) Notwithstanding the term length set forth in statute or the state constitution, an appointed member continues to serve until the member's successor is duly appointed.

(c) When the director or executive director of an executive agency, a division of an executive agency, or an office within an executive agency is an ex officio member of a board, the director or executive director may designate another person within the executive agency to fulfill the director or executive director's duties on the board.

(d) When a constitutional or statutory provision that creates or concerns activities of a board includes a requirement that applies to a "minimum majority" of the membership of a board, "minimum majority" means the lowest number of members that is more than half of all board members.

(e) A member of a board may participate remotely in board meetings if allowed by the board's policies or bylaws, including for the purposes of establishing a quorum of the board. Remote participation by a member at a board meeting must be recorded in the meeting minutes.

(f) For the purposes of any term limit that applies to the members of a board, a partial term counts toward the term limit only if the partial term was more than half the length of a standard term for a member of that board.
C.R.S. § 24-1-116 — CO Code / Title 24 / Article 1 / Section 24-1-116
24-1-116. Department of administration - creation
Status: repealed

24-1-116. Department of administration - creation. (Repealed)
C.R.S. § 24-80-110 — CO Code / Title 24 / Article 80 / Part 1 / Section 24-80-110
24-80-110. Disagreement as to value of records
Status: in_force

24-80-110. Disagreement as to value of records. (1) If the state archivist determines that any records in the custody of a public officer of a state agency, including the executive director of the department of personnel, are of no legal, administrative, or, subject to section 24-80-211 (1)(b), historical value, but the public officer having custody of said records or from whose office records originated fails to agree with such determination or refuses to dispose of said records, the state archivist may request the governor to make his or her determination as to whether said records should be disposed of in the interests of conservation of space, economy, or safety. This subsection (1) shall not apply to records in the custody of a public officer of any county, city, municipality, district, or political subdivision thereof.

(2) If the state archivist determines that any records in the custody of a public officer of a state agency, including the executive director of the department of personnel, are of legal, administrative, or, subject to section 24-80-211 (1)(b), historical value, but the public officer having custody of said records or from whose state agency records originated fails to agree with such determination and wants to proceed with the disposal of such records, the state archivist may request the governor to make his or her determination as to whether said records should be transferred to the state archives. This subsection (2) shall not apply to records in the custody of a public officer of any county, city, municipality, district, or political subdivision thereof.
C.R.S. § 24-33.5-416.7 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-416.7
24-33.5-416.7. Medina alert program - legislative declaration - definitions - rules
Status: in_force

24-33.5-416.7. Medina alert program - legislative declaration - definitions - rules. (1) The general assembly hereby finds that:

(a) A person who kills or inflicts a serious bodily injury upon a person during a motor vehicle accident and flees the scene poses a serious and imminent threat to the safety of the public;

(b) When a person kills or inflicts a serious bodily injury upon a person during a motor vehicle accident and flees the scene, the first few hours after the act are critically important to apprehending the person; and

(c) It is therefore necessary to create an alert system to facilitate the immediate apprehension of such persons by law enforcement agencies of the state.

(2) As used in this section, unless the context otherwise requires:

(a) "Designated broadcaster" means a broadcaster that is designated by rules promulgated pursuant to paragraph (e) of subsection (4) of this section to receive and broadcast a Medina alert.

(b) "Hit-and-run accident" means an incident when the driver of a vehicle involved in an accident fails to stop at the scene of the accident as required by section 42-4-1601, C.R.S.

(c) "Medina alert" means an alert issued by the bureau pursuant to the provisions of this section.

(d) "Notification period" means the period of time established by rules promulgated pursuant to paragraph (c) of subsection (4) of this section, during which time a Medina alert must remain effective unless it is canceled by the bureau as described in paragraph (g) of subsection (3) of this section.

(e) "Program" means the Medina alert program created pursuant to paragraph (a) of subsection (3) of this section.

(f) "Serious bodily injury" has the same meaning as defined in section 42-4-1601 (4)(b), C.R.S.

(3) (a) To facilitate the immediate apprehension of persons who kill or cause serious bodily injury to another person during a hit-and-run accident, there is created the Medina alert program to be implemented by the bureau on and after January 1, 2015. The program is a coordinated effort among the bureau, law enforcement agencies, and the state's public and commercial television and radio broadcasters.

(b) Using procedures established by rules promulgated pursuant to subsection (4) of this section, a law enforcement agency may notify the bureau after verifying that:

(I) A person has been killed or has suffered serious bodily injury during a hit-and-run accident; and

(II) The law enforcement agency has additional information concerning the suspect or the suspect's vehicle, including but not limited to:

(A) A complete license plate number of the suspect's vehicle;

(B) A partial license plate number and the make, style, and color of the suspect's vehicle; or

(C) The identity of the suspect.

(c) Upon receipt of a notice from a law enforcement agency that a person has been killed or has suffered serious bodily injury during a hit-and-run accident and there is additional information concerning the suspect or the suspect's vehicle, the bureau, using procedures established by rules promulgated pursuant to subsection (4) of this section, shall confirm the accuracy of the information and issue a Medina alert.

(d) The bureau shall send the Medina alert, including the notification period associated with the Medina alert, to each designated broadcaster to be broadcast at designated intervals as specified in rules promulgated pursuant to subsection (4) of this section.

(e) A Medina alert must include:

(I) All appropriate information that the reporting law enforcement agency has that may assist in the apprehension of the suspect or suspects;

(II) A statement instructing anyone with information related to the hit-and-run accident to contact his or her local law enforcement agency; and

(III) A warning that the suspect or suspects are dangerous and that members of the public should not attempt to apprehend the suspect or suspects themselves.

(f) A federal, state, or local law enforcement agency that locates or apprehends the suspect or suspects shall notify the bureau as soon as practicable of such fact.

(g) A Medina alert is canceled when the bureau notifies the designated broadcaster that the suspect or suspects have been apprehended or at the end of the notification period, whichever occurs first.

(4) On or before January 1, 2015, the executive director of the department of public safety shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title, for the implementation of the program. The rules shall include but need not be limited to:

(a) Procedures for a law enforcement agency to use to notify the bureau that a person has been killed or has suffered serious bodily injury during a hit-and-run accident and there is additional information concerning the suspect or the suspect's vehicle;

(b) Procedures for the bureau to follow in confirming the reporting law enforcement agency's information and reporting the information to each designated broadcaster;

(c) The establishment of a notification period to be used for each Medina alert;

(d) The intervals at which designated broadcasters shall issue a Medina alert; and

(e) A list of designated broadcasters who have volunteered to participate in the broadcasting of Medina alerts.

(5) The bureau and the department of transportation shall coordinate the priority of other messages for the public when determining whether to issue a Medina alert on the department of transportation's variable message signs.
C.R.S. § 24-51.1-101 — CO Code / Title 24 / Article 51.1 / Section 24-51.1-101
24-51.1-101. Pension review commission - repeal
Status: repealed

24-51.1-101. Pension review commission - repeal. (1) (a) There is hereby created the pension review commission, referred to in this section as the "commission". Beginning in the first regular session of the seventy-second general assembly, the commission shall be comprised of five senators, three of whom are appointed by the president of the senate and two of whom are appointed by the minority leader of the senate, and five representatives, three of whom are appointed by the speaker of the house of representatives and two of whom are appointed by the minority leader of the house of representatives. The chair shall be designated by the speaker of the house of representatives in odd-numbered years and by the president of the senate in even-numbered years. The vice-chair shall be appointed by the speaker of the house of representatives in even-numbered years and by the president of the senate in odd-numbered years. Members of the commission shall receive the same per diem allowance authorized for other members of the general assembly serving on interim study committees and actual expenses for participation in meetings of the commission. Staff services for the commission and the pension review subcommittee created pursuant to subsection (3) of this section shall be furnished by the state auditor's office, the legislative council, and the office of legislative legal services. The state auditor, with the approval of the commission, may contract for services deemed necessary for the implementation of this article 51.1.

(b) The terms of members appointed or reappointed by the speaker, the minority leader of the house of representatives, the president, and the minority leader of the senate shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the speaker, the minority leader of the house of representatives, the president, and the minority leader of the senate shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.

(2) The commission shall study and develop proposed legislation relating to funding of police officers' and firefighters' pensions in this state and benefit designs of such pension plans. In addition, the commission shall study and develop proposed legislation relating to the public employees' retirement association. The commission study of police officers' and firefighters' pensions and of the public employees' retirement association shall include a review of, and the proposed legislation may include, among other subjects, the following, as applicable:

(a) Normal retirement age;

(b) Payment of benefits prior to normal retirement age;

(c) Service requirements for eligibility;

(d) Rate of accrual of benefits;

(e) Disability benefits;

(f) Survivors' benefits;

(g) Vesting of benefits;

(h) Employee and employer contributions;

(i) Postretirement increases;

(j) Creation of an administrative board;

(k) Creation of a consolidated statewide system;

(l) Coordination of benefits with other programs;

(m) The volunteer firefighter pension system;

(n) The provisions of articles 30, 30.5, and 31 of title 31; and

(o) The provisions of article 51 of this title 24.

(3) (a) There is hereby created the pension review subcommittee. The subcommittee shall consist of fourteen members appointed as follows:

(I) 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 shall each appoint one legislator whom he or she has appointed to serve on the pension reform commission to also serve on the subcommittee;

(II) The speaker of the house of representatives and the president of the senate shall both appoint two people from the community with experience or knowledge of investment management, corporate or public finance, compensation and benefit systems, economics, accounting, pension administration, or actuarial analysis;

(III) The minority leader of the house of representatives and the minority leader of the senate shall both appoint two people from the community with experience or knowledge of investment management, corporate or public finance, compensation and benefit systems, economics, accounting, pension administration, or actuarial analysis;

(IV) The governor shall appoint one person from the community with experience or knowledge of investment management, corporate or public finance, compensation and benefit systems, economics, accounting, pension administration, or actuarial analysis; and

(V) The state treasurer shall appoint one person from the community with experience or knowledge of investment management, corporate or public finance, compensation and benefit systems, economics, accounting, pension administration, or actuarial analysis.

(b) The chair of the subcommittee shall be designated by the speaker of the house of representatives in odd-numbered years and by the president of the senate in even-numbered years. The vice-chair of the subcommittee shall be appointed by the speaker of the house of representatives in even-numbered years and by the president of the senate in odd-numbered years. The chair and vice-chair shall be designated from the legislative members of the subcommittee.

(c) The nonlegislative members of the subcommittee shall serve without compensation from the general assembly.

(4) (a) The subcommittee shall review the items specified in subsection (2) of this section as they relate to the public employees' retirement association, as applicable. In addition, the subcommittee shall:

(I) Study the provisions of article 51 of this title 24 and make necessary recommendations to the commission or the public employees' retirement association;

(II) Determine the necessity of continuing the direct distribution to the public employees' retirement association pursuant to section 24-51-414;

(III) Suggest to the public employees' retirement association enhancements that the association could make to the annual analysis that it conducts pursuant to Senate Bill 14-214, enacted in 2014, to determine whether the association's model assumptions are meeting targets and achieving sustainability;

(IV) Review the annual actuarial valuation of the public employees' retirement association and make comments as necessary to the association regarding the actuarial valuation; and

(V) Make recommendations to the board of trustees of the public employees' retirement association regarding assumptions, funding policy, reporting practices, or other operational policy.

(b) Review semi-annually the overall financial health of the public employees' retirement association, including the levels of benefits, its sources of funding, and its overall financial viability based on both the assumptions of the association board of directors and the requirements of the governmental accounting standards board. The subcommittee may request that the association provide general financial reporting based on assumptions for economic and investment factors, including, but not limited to, inflation, economic growth, employment growth, and rate of return, that differ from board assumptions. If the subcommittee determines that the association's board of directors is using assumptions that are too conservative or too aggressive, the subcommittee shall request that the association adjust its assumptions accordingly.

(c) Review annually the calculated normal costs that will cover current pension benefits and the share of contributions going to cover the unfunded liability of the public employees' retirement association;

(d) Review semi-annually the planned reduction of the unfunded liability of the public employees' retirement association. If full funding will not be achieved by 2048, the subcommittee shall make additional recommendations to the commission, the joint budget committee, and the general assembly to achieve full funding by 2048. If, upon that review, the subcommittee determines that the association does not have at least a sixty-seven percent likelihood of achieving full funding by 2048, then the association shall provide recommendations to the subcommittee for policy changes that would return the association to fully funded status by 2048. Notwithstanding section 24-1-136 (11)(a)(I), the subcommittee shall annually report to the general assembly regarding whether or not the association is on track to achieve full funding by 2048 and if not, the corrective actions recommended by the subcommittee or the association to rectify the shortfall.

(e) Annually report in writing to the citizens of Colorado regarding whether or not the public employees' retirement association is on track to achieve full funding by 2048 and if not, the corrective actions recommended by the subcommittee or the association to the general assembly to rectify the shortfall. Such communication shall be made in a manner that is clear, concise, and accessible to laypeople. This communication shall quantify the net present value of any funding deficit on a per citizen basis. For example, fifty billion dollars on five million five hundred thousand people equals nine thousand ninety dollars per person. The certified annual financial report shall not serve as this communication.

(f) After full funding is achieved, make recommendations to the commission, the joint budget committee, and the general assembly during each legislative session regarding changes to the plan to maintain full funding;

(g) Ensure the public employees' retirement association board is administering the association as mandated and make recommendations for the association board structure as warranted; and

(h) Every three years, commission an independent review of the economic and investment assumptions used to model the public employees' retirement association financial situation. The subcommittee shall use experts other than those already working on behalf of the association.

(5) Each member of the subcommittee shall be required to:

(a) Attend at least one meeting per year of the board of trustees of the public employees' retirement association;

(b) Attend the hearing of the legislative audit committee when the committee reviews the annual actuarial valuation that the public employees' retirement association is required to submit to the legislative audit committee pursuant to section 24-51-204 (7); and

(c) Attend the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing of the joint finance committee pursuant to part 2 of article 7 of title 2 when the joint finance committee reviews the public employees' retirement association.

(6) Repealed.
C.R.S. § 24-60-2902 — CO Code / Title 24 / Article 12 / Part 29 / Section 24-60-2902
24-60-2902. Compact approved and ratified
Status: in_force

24-60-2902. Compact approved and ratified. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I

Purpose and Authorities

This compact is made and entered into by and between the participating member states that enact this compact, hereinafter called party states. For the purposes of this compact, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.

The purpose of this compact is to provide for mutual assistance among the states entering into this compact in managing any emergency disaster that is duly declared by the Governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between or among states.

ARTICLE II

General Implementation

Each party state entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies that require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management shall be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

ARTICLE III

Party State Responsibilities

A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans and in carrying them out, the party states, insofar as practical, shall:

1. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack;

2. Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;

3. Develop interstate procedures to fill any identified gaps and resolve any identified inconsistencies or overlaps in existing or developed plans;

4. Assist in warning communities adjacent to or crossing the state boundaries;

5. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material;

6. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and

7. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

B. The authorized representative of a party state may request assistance from another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be oral or in writing. If oral, the request shall be confirmed in writing within thirty days after the oral request. Requests shall provide the following information:

1. A description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;

2. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed; and

3. The specific place and time for staging of the assisting party's response and a point of contact at that location.

C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.

ARTICLE IV

Limitations

Any party state that is asked to render mutual aid, or to conduct exercises and training for mutual aid, shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof, on the understanding that the state rendering aid may withhold resources to the extent reasonably necessary for its own protection.

Each party state shall afford to the emergency forces of any party state, while operating within its borders under the terms and conditions of this compact, the same powers, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services, except the power of arrest unless specifically authorized by the receiving state. Emergency forces shall continue under the command and control of their regular leaders, but the organizational units shall come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only after a declaration of a state of emergency or disaster by the Governor of the party state that is to receive assistance or after the commencement of exercises or training for mutual aid, and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer.

ARTICLE V

Licenses and Permits

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact that evidences the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI

Liability

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

ARTICLE VII

Supplementary Agreements

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel and equipment and supplies.

ARTICLE VIII

Compensation

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX

Reimbursement

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; except that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving party state without charge or cost; and except that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses are not reimbursable under this article.

ARTICLE X

Evacuation

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the provision of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines, and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI

Implementation

A. This compact shall become effective immediately upon its enactment into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment by such state.

B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

ARTICLE XII

Validity

This act shall be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected.

ARTICLE XIII

Additional Provisions

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under 18 U.S.C. sec. 1385.
C.R.S. § 24-33.5-223 — CO Code / Title 24 / Article 33.5 / Part 2 / Section 24-33.5-223
24-33.5-223. State telecommunications network
Status: repealed

24-33.5-223. State telecommunications network. (Repealed)
C.R.S. § 24-48.5-403 — CO Code / Title 24 / Article 48.5 / Part 4 / Section 24-48.5-403
24-48.5-403. Definitions
Status: in_force

24-48.5-403. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "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.

(2) "Applicant" means a collaboration of entities that:

(a) Includes industry and educational entities and may also include local governments, institutions of higher education, and nonprofit and for-profit entities and organizations; and

(b) Applies for a grant from the grant program.

(3) "COVID-19" means the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2.

(4) "Departments" means:

(a) The department of labor and employment created in section 24-1-121;

(b) The department of higher education created in section 24-1-114; and

(c) The department of education created in section 24-1-115.

(5) "Evidence-based" means that an initiative is:

(a) Proven, as specified in section 2-3-210 (3)(a)(V);

(b) Evidence-informed, as specified in section 2-3-210 (3)(a)(I); or

(c) Promising, as specified in section 2-3-210 (3)(a)(IV).

(6) "Fund" means the regional talent development initiative grant program fund created in section 24-48.5-406.

(7) "Grant program" means the regional talent development initiative grant program created in section 24-48.5-405.

(8) "Intermediary" means:

(a) A nonprofit entity that has a proven record of connecting education providers, employers, or other civic organizations to develop career pathways and address workforce development needs; or

(b) A post-secondary education provider that addresses economic and workforce development needs.

(9) "Office" means the Colorado office of economic development created in section 24-48.5-101.

(10) "Program administrator" means:

(a) The office;

(b) A state agency designated pursuant to section 24-48.5-405 (1)(a)(II)(B); or

(c) One or more third parties with whom the office contracts pursuant to section 24-48.5-405 (1)(a)(II)(B).

(11) "Selection committee" means the selection committee appointed pursuant to section 24-48.5-405 (5) to review and make recommendations on grant applications.

(12) "Steering committee" means the steering committee established pursuant to section 24-48.5-404.

(13) "Third-party administrator" means one or more third parties with whom the office contracts pursuant to section 24-48.5-405 (1)(a) to serve as the program administrator.
C.R.S. § 24-51-1207 — CO Code / Title 24 / Article 51 / Part 12 / Section 24-51-1207
24-51-1207. Cancellation of enrollment
Status: in_force

24-51-1207. Cancellation of enrollment. (1) Upon thirty days' written notice to the association, any person enrolled in the health care program may cancel enrollment for himself, and any retiree may cancel enrollment in the health care program for his dependents.

(2) Enrollment may be canceled by the association upon thirty days' written notice to any person enrolled in the health care program whose premium amount has not been received by the first day of the month for which coverage was being purchased.
C.R.S. § 24-46-207 — CO Code / Title 24 / Article 46 / Part 2 / Section 24-46-207
24-46-207. Conflict of interest
Status: in_force

24-46-207. Conflict of interest. No member or employee of the executive branch shall become an officer, director, employee, or consultant of or receive any compensation from the authority or a fund manager either during the term of the member or employee's employment with the executive branch or for six years after such term ends. However, this section shall not prohibit any employee of the Colorado office of economic development from staffing the authority or prohibit the authority from paying the office for costs of staffing the authority incurred by the office in providing staffing for the authority as required by section 24-46-202 (1)(d)(I).
C.R.S. § 24-4.1-111 — CO Code / Title 24 / Article 4.1 / Part 1 / Section 24-4.1-111
24-4.1-111. Compensation to relatives
Status: in_force

24-4.1-111. Compensation to relatives. (1) A relative of a victim, even though the relative was not a dependent of the victim, is eligible for compensation for reasonable medical, funeral, or burial expenses for the victim, if:

(a) Such expenses were paid by the relative; and

(b) The relative files a claim in the manner provided in this part 1.
C.R.S. § 24-104-205 — CO Code / Title 24 / Article 104 / Part 2 / Section 24-104-205
24-104-205. Maximum practicable competition
Status: in_force

24-104-205. Maximum practicable competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the state's needs and shall not be unduly restrictive.
C.R.S. § 24-54-108 — CO Code / Title 24 / Article 54 / Section 24-54-108
24-54-108. Control and management of plan or system
Status: in_force

24-54-108. Control and management of plan or system. (1) The retirement board of any association formed pursuant to the provisions of section 24-54-106 shall have full and complete control and management of any retirement plan provided for and authorized by this article, other than matters relating to participation in the public employees' retirement association. Such retirement board shall make all necessary rules and regulations for managing and discharging its duties, for its own government and procedure in so doing, and for the preservation and protection of any fund or annuity contract.

(2) Such retirement board shall determine what type of retirement plan in which to participate and shall select, on the basis of the most sound proposal:

(a) An insurance company qualified under section 24-54-105 (1); or

(b) A noninsured trust retirement plan, with a bank or trust company authorized to exercise trust powers in this state as trustee, invested by the trustee pursuant to the provisions of part 3 of article 1 of title 15, C.R.S., but of the initial and subsequent sums of money available for investment, the trustee shall invest only in such investments as are specified in section 24-54-112; or

(c) A noninsured trust retirement plan, invested by the treasurer of the plan in such securities as are specified in section 24-54-112; or

(d) Participation in the public employees' retirement association, pursuant to article 51 of this title.

(3) The retirement board shall hear and decide all applications for relief, pensions, annuities, retirement, or other benefits pursuant to the plan or system adopted. A record of such action and all other matters properly coming before said retirement board shall be kept and preserved.

(4) The treasurer of the most populous county, municipality, or political subdivision shall be ex officio the treasurer of any association formed pursuant to the provisions of section 24-54-106 and establishing a noninsured trustee retirement plan or system. If any municipality or political subdivision alone adopts such a plan or system, the treasurer thereof shall serve as the treasurer of such plan or system. No fee therefor shall be charged by the treasurer pursuant to the provisions of section 30-1-102, C.R.S., or any other provision of law.
C.R.S. § 24-33.5-225 — CO Code / Title 24 / Article 33.5 / Part 2 / Section 24-33.5-225
24-33.5-225. Receipt of proceeds from forfeited property
Status: in_force

24-33.5-225. Receipt of proceeds from forfeited property. The division of the Colorado state patrol is authorized to accept, receive, and expend proceeds allocated to the division after sale of forfeited property pursuant to part 5 of article 13 of title 16, C.R.S., and such funds shall be in addition to the moneys appropriated to the division by the general assembly. The executive director shall submit an annual report to the joint budget committee at the time the annual budget request is submitted providing information on the amounts received under this section, if any, and the uses made thereof.
C.R.S. § 24-50-106 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-106
24-50-106. Transfer to new pay plan
Status: repealed

24-50-106. Transfer to new pay plan. (Repealed)
C.R.S. § 24-31-1211 — CO Code / Title 24 / Article 31 / Part 12 / Section 24-31-1211
24-31-1211. False claims act report
Status: in_force

24-31-1211. False claims act report. (1) On or before January 15, 2024, and on or before each January 15 thereafter, the attorney general shall submit a written report to the house of representatives business affairs and labor committee, the house of representatives judiciary committee, the senate business, labor, and technology committee, and the senate judiciary committee, or their successor committees, concerning claims brought pursuant to this part 12 during the previous fiscal year. The report must include, but is not limited to:

(a) The number of actions brought by the attorney general and the disposition of the actions;

(b) The amount of proceeds recovered by the state through settlement or judgment in an action brought pursuant to this part 12, including:

(I) The case number and parties for each action in which proceeds were recovered;

(II) The amount of proceeds recovered in each case, categorized by the amount recovered as damages, penalties, and litigation costs; and

(III) If applicable, the percentage of the proceeds recovered and the total amount awarded to a private person who brought the action.

(c) The number of actions brought by a person other than the attorney general in which the attorney general did not intervene, whether the actions were continued by the other person, and the disposition of the actions;

(d) The amount of proceeds, including any litigation costs and attorney fees, recovered through settlement or judgment in actions brought by a person other than the attorney general; and

(e) The amount expended by the state for investigation and litigation of false claims pursuant to this part 12 and all other costs related to this part 12.

(2) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement described in this section continues indefinitely.
C.R.S. § 24-33-117 — CO Code / Title 24 / Article 33 / Part 1 / Section 24-33-117
24-33-117. Wildfire mitigation capacity development fund - established - financing - legisl
Status: repealed

24-33-117. Wildfire mitigation capacity development fund - established - financing - legislative intent. (1) The wildfire mitigation capacity development fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (5) of this section, money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(IV) and (1)(g)(V), and any other money that the general assembly may appropriate or transfer to the fund.

(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the wildfire mitigation capacity development fund to the fund.

(3) Money in the wildfire mitigation capacity development fund is continuously appropriated to the department of natural resources and may be used by the department for the following purposes:

(a) Initiating a federal national incident management organization comprehensive risk analysis by June 15, 2021, to identify the most strategic landscapes in the state for wildfire mitigation and fuel reduction projects;

(b) Supporting wildfire mitigation workforce development including the engagement of conservation corps and the department of corrections state wildland inmate fire teams in priority wildfire mitigation projects including those projects identified by the federal national incident management organization comprehensive risk analysis conducted pursuant to subsection (3)(a) of this section;

(c) Hiring staff resources to coordinate cross-boundary wildfire mitigation efforts, facilitate engagement, and connect priority wildfire mitigation projects with available resources. These staff shall consult with stakeholders including federal and state agencies, local governments, tribes, communities, forest collaborative groups, and other entities to identify and implement priority wildfire mitigation projects on municipal, county, tribal, state, state-operated, federal, and private lands, as appropriate.

(d) Conducting an assessment of wildfire mitigation efforts undertaken or supported by the state to determine the most efficient and effective organizational structure for those efforts;

(e) Funding projects or grants to support the planning and implementation of fuel reduction and wildfire mitigation projects at landscape-scale to reduce the risk of catastrophic wildfire in priority areas, including those identified by the analysis in subsection (3)(a) of this section; and

(f) Funding the direct and indirect costs of administering the activities described in this subsection (3).

(4) To the extent practicable, when supporting or funding projects or grants for the planning and implementation of fuel reduction and wildfire mitigation projects in accordance with subsections (3)(b) and (3)(e) of this section, the department of natural resources shall prioritize those projects with the greatest potential to protect life, property, and infrastructure.

(5) On June 15, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer seventeen million five hundred thousand dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (5) must be allocated to supported areas administered by the department of natural resources as follows:

(a) Up to two hundred thousand dollars for the federal national incident management organization statewide risk assessment described in subsection (3)(a) of this section;

(b) For the wildfire mitigation workforce development described in subsection (3)(b) of this section;

(c) Up to five hundred fifty thousand dollars for the wildfire mitigation project coordination described in subsection (3)(c) of this section;

(d) Up to five hundred thousand dollars for the wildfire mitigation organizational planning described in subsection (3)(d) of this section;

(e) For the landscape wildfire mitigation projects described in subsection (3)(e) of this section;

(f) Up to five percent of the funds transferred pursuant to subsection (5)(b) of this section may be used for both the direct and indirect administrative costs associated with the wildfire mitigation workforce development funded by subsection (5)(b) of this section; and

(g) Up to five percent of the funds transferred pursuant to subsection (5)(e) of this section may be used for both the direct and indirect administrative costs associated with the landscape wildfire mitigation projects funded by subsection (5)(e) of this section.

(5.5) Repealed.

(6) On June 30, 2023, the state treasurer shall transfer any unexpended and unencumbered money in the wildfire mitigation capacity development fund that was transferred by the state treasurer to the wildfire mitigation capacity development fund pursuant to subsection (5) of this section to the general fund, except for the money allocated by the department of natural resources pursuant to subsections (5)(c), (5)(f), and (5)(g) of this section.

(6.2) On June 30, 2023, and on June 30 each year thereafter, the state treasurer shall transfer one million dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (6.2) must be used for purposes set forth in subsection (3) of this section.

(7) To implement this section, the department of natural resources shall coordinate with the division of fire prevention and control in the department of public safety and with the Colorado state forest service at the department of higher education and enter into a memorandum of understanding with such agencies to direct the implementation of this section.
C.R.S. § 24-80-307 — CO Code / Title 24 / Article 80 / Part 3 / Section 24-80-307
24-80-307. Duty of secretary-custodian - report
Status: in_force

24-80-307. Duty of secretary-custodian - report. It is the duty of the secretary-custodian of every county unit taking advantage of this part 3 to report from time to time to the state historical society of Colorado on matters which relate to the historical development of that county or of the state and also to make annually a report to the state historical society containing such information and submitted at such a time as the state historical society shall require.
C.R.S. § 24-67-101 — CO Code / Title 24 / Article 67 / Section 24-67-101
24-67-101. Short title
Status: in_force

24-67-101. Short title. This article shall be known and may be cited as the "Planned Unit Development Act of 1972".
C.R.S. § 24-33.5-707 — CO Code / Title 24 / Article 33.5 / Part 7 / Section 24-33.5-707
24-33.5-707. Local and interjurisdictional emergency management agencies and services - defin
Status: in_force

24-33.5-707. Local and interjurisdictional emergency management agencies and services - definition. (1) Each political subdivision is within the jurisdiction of and served by the office of emergency management and by a local or interjurisdictional emergency management agency responsible for the coordination of disaster preparedness, prevention, mitigation, response, and recovery.

(2) Each county shall maintain an emergency management agency or participate in a local or interjurisdictional emergency management agency that, except as otherwise provided under this part 7, has jurisdiction over and serves the entire county.

(3) The governor shall determine which municipal corporations need emergency management agencies of their own and require that they be established and maintained. The governor shall make such determination on the basis of the municipality's disaster vulnerability and capability of response and recovery related to population size and concentration. The emergency management agency of a county shall cooperate with the emergency management agencies of municipalities situated within its borders but shall not have jurisdiction within a municipality having its own emergency management agency. The office of emergency management shall publish and keep current a list of municipalities required to have emergency management agencies under this subsection (3).

(4) The minimum composition of an emergency management agency is a director or coordinator appointed and governed by the chief executive officer or governing body of the appointing jurisdiction. The director or coordinator is responsible for the planning, coordination, and execution of the local pre- and post-disaster services.

(5) Any provision of this part 7 or other law to the contrary notwithstanding, the governor may require a political subdivision to establish and maintain an emergency management agency jointly with one or more contiguous political subdivisions if the governor finds that the establishment and maintenance of an agency or participation therein is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, mitigation, response, or recovery services under other provisions of this part 7.

(6) (Deleted by amendment, L. 2018.)

(7) The mayor, chairman of the board of county commissioners, or other principal executive officer of each political subdivision in the state shall notify the office of emergency management of the manner in which the political subdivision is providing or securing disaster preparedness, prevention, mitigation, response, and recovery services, identify the person who heads the agency or agencies from which the services are obtained, and furnish additional information relating thereto as the office of emergency management requires.

(8) Each local and interjurisdictional emergency management agency shall prepare and keep current a locally defined or interjurisdictional emergency management plan for its area, including provisions for the preparation, prevention, mitigation, response, and recovery from emergencies and disasters. Existing locally adopted recovery plans, plans approved by the office of emergency management or the federal emergency management agency, and other relevant emergency plans may be incorporated by reference, but only if those plans are specifically identified and publicly available.

(8.5) (a) (I) A locally defined or interjurisdictional emergency management plan amended or created pursuant to subsection (8) of this section on or after July 1, 2024, but before January 1, 2025, is strongly encouraged to, and on or after January 1, 2025, must when practicable, address the needs of an individual with an animal during an emergency by:

(A) Including provisions for the evacuation, shelter, and transport of an individual with an animal and that animal; and

(B) Requiring, to the extent practicable, that at least one shelter established during an emergency is designated to accommodate an individual with an animal and that animal.

(II) In order to determine whether it is practicable for a locally defined or interjurisdictional emergency management plan to address the elements described in subsection (8.5)(a)(I) of this section, among other factors, the following must be considered about the area subject to a locally defined or interjurisdictional emergency management plan:

(A) The quality and quantity of shelter facilities;

(B) The availability of staff and volunteer personnel to implement the locally defined or interjurisdictional emergency management plan elements described in subsection (8.5)(a)(I) of this section; and

(C) Whether there is emergency transportation available to accommodate an individual with an animal.

(III) Nothing in this subsection (8.5)(a) may be construed as lowering the protections for people with disabilities, including the right to remain with a service animal in any emergency shelter, provided by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and parts 6 and 8 of article 34 of this title 24.

(IV) The administrator or manager of any shelter designated pursuant to subsection (8.5)(a)(I)(B) of this section has the authority to deny access to the facility to any animal that the administrator or manager deems unsafe, unsanitary, or contrary to the good working order of the facility, so long as such a determination is made on an individual animal basis and not on the basis of an animal's breed.

(b) On or after January 1, 2025, a city, county, or city and county is strongly encouraged to make available to the public information for animal emergency preparedness, including:

(I) Information for creating an evacuation plan and emergency checklist for individuals with animals consistent with recommendations publicly published by the United States department of agriculture and the federal emergency management agency;

(II) Local organizations that may provide emergency animal assistance; and

(III) Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate an individual with an animal.

(c) On or after January 1, 2025, a city, county, or city and county is strongly encouraged to conduct disability etiquette and service animal training provided by, or with guidance from, the relevant independent living center or other relevant training provider to ensure that emergency response personnel are well prepared to interact with individuals with disabilities and their service animals during emergency situations.

(d) As used in this subsection (8.5), unless the context otherwise requires, "animal" means both:

(I) A domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes; and

(II) A "service animal", as defined in section 12-240-144 (4)(c).

(9) The local or interjurisdictional emergency management agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command.

(10) The sheriff of each county shall:

(a) Be the official responsible for coordination of all search and rescue operations within the sheriff's jurisdiction;

(b) Make use of the search and rescue capability and resources available within the county and request assistance from the office of emergency management only when and if the sheriff determines such additional assistance is required; and

(c) Establish a policy or procedure for adhering to the airspace deconfliction guidelines established pursuant to section 24-33.5-120 when there could be multiple aircraft involved in a search and rescue operation within the sheriff's jurisdiction.

(11) When authorized by the governor and executive director and approved by the director of the office of emergency management, expenses incurred in meeting contingencies and emergencies arising from search and rescue operations may be reimbursed from the disaster emergency fund.

(12) Any person providing information to a local or interjurisdictional emergency management agency may request, in writing, that such information be disseminated only to persons connected with or involved in the preparation, update, or implementation of any emergency management plan, and said information shall thereafter not be released to any person without the expressed written consent of the person providing the information.
C.R.S. § 24-6-502 — CO Code / Title 24 / Article 6 / Part 5 / Section 24-6-502
24-6-502. Public broadcast of governmental radio communications - encryption policy
Status: in_force

24-6-502. Public broadcast of governmental radio communications - encryption policy. A law enforcement agency that encrypts all of its radio communications shall create a communications access policy, through collaboration with Colorado-based media outlets, that includes an agreement governing access for the media to primary dispatch channels or talk groups through commercially available radio receivers, scanners, or any other feasible technology. The policy may include, but is not limited to, verification of media credentials; reasonable restrictions on the use of the commercially available radio receivers, scanners, or other feasible technology; and financial or other costs related to the sale, lease, or loan of the commercially available radio receivers, scanners, or any other feasible technology.
C.R.S. § 24-51-203 — CO Code / Title 24 / Article 51 / Part 2 / Section 24-51-203
24-51-203. Board - composition and election
Status: in_force

24-51-203. Board - composition and election. (1) The board consists of the following fifteen trustees:

(a) The state treasurer;

(b) Three members of the state division elected by the members of that division, at least one of whom shall be an employee of a state institution of higher education and at least one of whom shall not be an employee of a state institution of higher education;

(c) Four members of the school division elected by the members of that division;

(d) One member of the local government division elected by the members of that division;

(e) One member of the judicial division elected by the members of that division;

(f) Two retirees, one of whom shall be elected by those members who have retired from the local government division, the judicial division, or from the state division and one of whom shall be elected by those members who have retired from the local government division, the judicial division, or the school division; except that both retiree trustees cannot have retired from the same division; and

(g) Three trustees appointed by the governor and confirmed by the senate who shall not be members, inactive members, or retirees of the association and who shall have significant experience and competence in investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis. Of the three trustees appointed by the governor, no more than two shall be from the same political party.

(1.5) In addition to the board members specified in subsection (1) of this section, there shall be one ex officio board member from the Denver public schools division. The ex officio board member shall be elected by the Denver public schools division through a Denver public schools division member election administered by the association. The Denver public schools division ex officio member position exists so long as the Denver public schools division remains as a separate division of the association. The Denver public schools division ex officio member shall be a member or retiree of the Denver public schools division and shall be treated like all other members of the board, subject to the following:

(a) The ex officio member may sit with the board and participate in discussions of agenda items, but shall not be allowed to vote on any matter coming before the board or any committee of the board, or to make any motion regarding any matter before the board or any committee of the board;

(b) The ex officio member may be reimbursed for his or her actual and necessary expenses incurred in the execution of his or her duties as an ex officio member of the board, subject to the same requirements and restrictions as apply to reimbursement of expenses of statutory members of the board;

(c) The ex officio member's fiduciary obligations and responsibilities shall be the same as any other board member, shall flow to the entire association membership, and are not limited to those of the Denver public schools division;

(d) The ex officio member shall be provided the same board and committee meeting materials as are provided to other members of the board, including any information that may be deemed confidential;

(e) The ex officio member shall be allowed to participate in or attend executive or closed sessions of the board or of any committee of the board subject to all association board rules, regulations, and policies, including, but not limited to, confidentiality and conflict of interest;

(f) The ex officio member may not be elected as an officer of the board;

(g) At the request of the ex officio member, the chair of the board may appoint the ex officio member as an ex officio member of any standing committee of the board;

(h) The ex officio member shall be allowed to attend and participate in any open meeting discussion at any board or committee meeting; and

(i) The ex officio member shall observe all rules, regulations, and policies applicable to members of the board and any other conditions, restrictions, or requirements established or directed by vote of a majority of the members of the board.

(2) The board shall set the time and manner for the elections of trustees representing members and retirees. Elected trustees may be reelected to the board for an unlimited number of terms but, except for the state treasurer, no term for any trustee shall exceed four years.

(3) The term for each of the trustees appointed by the governor is four years; except that the terms shall be staggered so that no more than one trustee's term expires in one year. Appointed trustees may be reappointed to the board for an unlimited number of terms.

(4) When a vacancy occurs on the board among the elected trustees, the person who received the next highest number of votes in the most recent election of trustees shall be appointed to serve as trustee until the next election of trustees. If the person who received the next highest number of votes is unwilling to serve as a trustee or if the trustee who created the absence ran unopposed, the board shall appoint a trustee. In either case, the appointed trustee shall be from the same division as the trustee whose absence created the vacancy.

(5) When a vacancy occurs among the three appointed trustees, the governor shall appoint, with consent of the senate, a new trustee with the experience and competence specified in paragraph (g) of subsection (1) of this section to serve the remainder of any unexpired term. Such appointee may serve on a temporary basis if the general assembly is not in session when he or she is appointed until the general assembly is in session and the senate is able to consent to such appointment.

(6) The elected trustees shall serve without compensation but shall be reimbursed by the association for any necessary expenses incurred in the conduct of their official duties and shall suffer no loss of salary from an employer for service on the board.

(7) The appointed trustees shall be compensated by the association for their service on the board.

(8) No person can be or can continue to be a trustee of the board who has been adjudicated of having violated any provisions of this article or who has been convicted of a felony or any crime involving the misappropriation of funds.
C.R.S. § 24-36-201 — CO Code / Title 24 / Article 36 / Part 2 / Section 24-36-201
24-36-201. Short title
Status: repealed

24-36-201. Short title. (Repealed)
C.R.S. § 24-33.5-230 — CO Code / Title 24 / Article 33.5 / Part 2 / Section 24-33.5-230
24-33.5-230. Catalytic converter identification and theft prevention grant program - cash fun
Status: repealed

24-33.5-230. Catalytic converter identification and theft prevention grant program - cash fund - creation - repeal. (1) There is created in the Colorado state patrol, within the authority that addresses automobile theft prevention, the catalytic converter identification and theft prevention grant program to award grants to recipients for public awareness campaigns regarding catalytic converter theft, catalytic converter theft prevention parts, assistance to victims of catalytic converter theft, and catalytic converter identification and tracking efforts. The state patrol shall administer the program.

(2) The state patrol shall adopt rules for the program. At a minimum, the rules must specify the following:

(a) The application process, including application requirements and deadlines;

(b) Criteria for selecting grant recipients and determining the amount of the grant;

(c) Deadlines for awarding grants; and

(d) Reporting requirements and deadlines for grant recipients.

(3) In order to receive a grant, an applicant must submit a grant application to the department. An applicant may include but is not limited to auto repair businesses, automobile dealers, associations focused on theft prevention, emergency repair services, law enforcement agencies, and local governments. At a minimum, the application must describe what will be funded with a grant award; how the funding will help reduce catalytic converter theft, if applicable; and include any other information required by department rules.

(4) (a) The department shall review the grant applications and award grants in accordance with department rules and the requirements of this section. The department may award grants on a one-time basis or may award multi-year grants.

(b) The department may require a grant recipient to include project-specific information in its report made pursuant to subsection (5)(a) of this section.

(c) To ensure full benefits and access, the department shall make grants on a criteria-based apportionment basis to targeted initiatives, including twenty percent to victims, twenty percent to prevention, twenty-five percent to business impacts, twenty-five percent to enforcement and the remaining ten percent for administrative costs. These apportionments may be subject to modification based on the limited number of applicants or qualified or approved applications in specific initiatives.

(5) (a) A grant recipient shall submit a report to the department in accordance with the deadlines set by the department. The report must include:

(I) A description of how the grant funding was used;

(II) Any outcomes achieved by the grant funding; and

(III) Other metrics required by department rule.

(b) On or before June 30, 2023, and on or before June 30 of each year thereafter, the department shall submit a report on the program to the judiciary committees of the senate and house of representatives, or their successor committees. The report must include a summary of the information reported by grant recipients pursuant to subsection (5)(a) of this section and information regarding whether the program is meeting the goals described in this section.

(5.5) (a) The catalytic converter identification and theft prevention grant program cash fund, referred to in this subsection (5.5) as the "fund", is created in the state treasury. Money in the fund is continuously appropriated to the Colorado state patrol, which shall administer the fund to implement the catalytic converter identification and theft prevention grant program created in subsection (1) of this section.

(b) The fund consists of money credited to the fund pursuant to section 25-7-122 (1)(j)(III) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) The state treasurer shall transfer any unexpended or unencumbered money received from the civil penalties collected under section 25-7-122 (1)(j) and remaining in the fund on June 30, 2025, to the AIR account in the highway users tax fund, which account is created in section 42-3-304 (18)(a).

(6) This section is repealed, effective July 1, 2025.
C.R.S. § 24-76.6-101 — CO Code / Title 24 / Article 76.6 / Section 24-76.6-101
24-76.6-101. Definitions
Status: in_force

24-76.6-101. Definitions. As used in this article 76.6, unless the context otherwise requires:

(1) "Civil immigration detainer" means a written request issued by federal immigration enforcement authorities pursuant to 8 CFR 287.7 to law enforcement officers to maintain custody of an individual beyond the time when the individual is eligible for release from custody, including any request for law enforcement agency action, warrant for arrest of alien, order to detain or release alien, or warrant of removal/deportation on any form promulgated by federal immigration enforcement authorities.

(2) "Eligible for release from custody" means that an individual may be released from custody because one of the following conditions has occurred:

(a) All criminal charges against the individual have been dropped or dismissed;

(b) The individual has been acquitted of all criminal charges filed against him or her;

(c) The individual has served all the time required for his or her sentence;

(d) The individual has posted a bond or has been released on his or her own recognizance;

(e) The individual has been referred to pretrial diversion services; or

(f) The individual is otherwise eligible for release under state or municipal law.

(3) "Law enforcement officer" means a peace officer employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office.

(4) "Personal information" means any confidential identifying information about an individual, including but not limited to home or work contact information; family or emergency contact information; probation meeting date and time; community corrections locations; community corrections meeting date and time; or the meeting date and time for criminal court-ordered classes, treatment, and appointments.
C.R.S. § 24-21-516 — CO Code / Title 24 / Article 21 / Part 5 / Section 24-21-516
24-21-516. Short form certificates
Status: in_force

24-21-516. Short form certificates. (1) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 24-21-515 (1) and (2):

(a) For an acknowledgment in an individual capacity:

State of

County of

This record was acknowledged before me on (date) by (name(s)

of individual(s))

Signature of notarial officer

Stamp

( (Title of office) )

My commission expires:

(b) For an acknowledgment in a representative capacity:

State of

County of

This record was acknowledged before me on (date) by (name(s)

of individual(s)) as (type of authority, such as officer or trustee) of (name of party on

behalf of whom record was executed).

Signature of notarial officer

Stamp

( (Title of office) )

My commission expires:

(c) For a verification on oath or affirmation:

State of

County of

Signed and sworn to (or affirmed) before me on (date) by

(name(s) of individual(s) making statement)

Signature of notarial officer

Stamp

( (Title of office) )

My commission expires:

(d) For witnessing or attesting a signature:

State of

County of

Signed before me on (date) by (name(s) of individual(s))

Signature of notarial officer

Stamp

( (Title of office) )

My commission expires:

(e) For certifying a copy of a record:

State of

County of

I certify that this is a true and correct copy of a record in the possession of

.

Dated

Signature of notarial officer

Stamp

( (Title of office) )

My commission expires:
C.R.S. § 24-32-715 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-715
24-32-715. Inspection of mobile homes and records
Status: repealed

24-32-715. Inspection of mobile homes and records. (Repealed)
C.R.S. § 24-33.5-1003 — CO Code / Title 24 / Article 33.5 / Part 10 / Section 24-33.5-1003
24-33.5-1003. Buses used
Status: in_force

24-33.5-1003. Buses used. For drill or other evacuation purposes as described in this part 10, buses and such other modes of transport as are operated by the respective school district for the transportation of pupils may be operated by the district outside the boundaries of the district.
C.R.S. § 24-36-109 — CO Code / Title 24 / Article 36 / Part 1 / Section 24-36-109
24-36-109. Time deposits
Status: in_force

24-36-109. Time deposits. (1) Subject to the requirements of subsection (2) of this section, the state treasurer is authorized to deposit state moneys with national or state banks doing business in this state for fixed periods of time, not exceeding two years, at such rate of interest as may be negotiated from time to time. For the purpose of making such deposits, the state treasurer may, in his or her discretion, appoint in writing one or more persons to act as custodians of the moneys. Such persons shall give surety bonds in such amounts and form and for such purposes as the state treasurer requires.

(2) (a) The state treasurer shall deposit state moneys for fixed periods in national or state banks that have applied and are eligible as depositories for state moneys pursuant to subsection (1) of this section and pursuant to the time deposit rules established by the department of the treasury that are in effect at that time in accordance with the procedure established in paragraph (b) of this subsection (2) or in paragraph (c) of this subsection (2). Such procedure utilized shall be at the discretion of the treasurer.

(b) (I) Except as provided in paragraph (c) of this subsection (2), when state moneys become available for time deposits pursuant to subsection (1) of this section, the state treasurer shall announce the interest rate at which such moneys may be deposited for a fixed period in eligible national or state banks but shall not disclose the amount of state moneys available for deposit.

(II) An eligible national or state bank may request the state treasurer to deposit a specified amount of state moneys with that bank at the interest rate announced by the treasurer. Except as otherwise provided by subparagraph (III) of this paragraph (b), the treasurer shall deposit all or a portion of the state moneys available for deposit with any eligible national or state bank or banks making such a request in an amount equal to the amount requested by that bank.

(III) In the event that the total amount of state moneys requested for deposit by all eligible national or state banks pursuant to subparagraph (II) of this paragraph (b) exceeds the amount of state moneys available for deposit, the state treasurer shall determine the total amount of state moneys that all such banks requested for deposit and calculate the percentage of such total that each eligible national or state bank requested. The state treasurer shall deposit with each eligible national or state bank an amount equal to the product of such percentage multiplied by the total amount of state moneys available for deposit.

(c) (I) In the alternative to paragraph (b) of this subsection (2), when state moneys become available for time deposits pursuant to subsection (1) of this section, the state treasurer shall announce the amount of state moneys available for deposit for a fixed period in any eligible national or state bank but shall not announce the interest rate at which such moneys shall be deposited.

(II) Except as provided by subparagraph (III) of this paragraph (c), any eligible national or state bank may submit a bid to the state treasurer specifying the interest rate that such bank will pay if state moneys are deposited in such bank and the amount of such moneys the bank will accept for deposit at that interest rate. The bank submitting a bid with the highest interest rate shall be awarded the deposit of state moneys in the full amount requested or the full amount available for deposit at that time, whichever is less.

(III) In the event that two or more eligible national or state banks submit the highest bid for the same interest rate and the total amount requested for deposit by the banks exceeds the amount of state moneys available for deposit at that time, the state treasurer shall determine the total amount of state moneys that all such banks requested for deposit and calculate the percentage of such total that each eligible national or state bank requested. The state treasurer shall deposit with each eligible national or state bank an amount equal to the product of such percentage multiplied by the total amount of state moneys available for deposit.

(IV) In the event that depositing state moneys in the highest bidding eligible national or state bank or banks does not exhaust the total amount of state moneys available for deposit at that time, the state treasurer shall deposit the remaining state moneys in other eligible banks giving priority to the highest remaining bidders.

(V) The state treasurer shall have the authority to establish a minimum acceptable bid for an interest rate. The rate shall be announced before the start of the bidding by any eligible national or state bank.
C.R.S. § 24-4-102 — CO Code / Title 24 / Article 4 / Part 1 / Section 24-4-102
24-4-102. Definitions
Status: repealed

24-4-102. Definitions. As used in this article 4, unless the context otherwise requires:

(1) "Action" includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. Any agency rule, order, license, sanction, relief, or the equivalent or denial thereof which constitutes final agency action shall include a list of all parties to the agency proceeding and shall specify the date on which the action becomes effective.

(2) "Adjudication" means the procedure used by an agency for the formulation, amendment, or repeal of an order and includes licensing.

(3) "Agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except:

(a) State educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23;

(b) Repealed.

(c) The adjutant general of the National Guard, whose powers and duties are set forth in section 28-3-106, C.R.S.

(3.5) "Aggrieved", for the purpose of judicial review of rule-making, means having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.

(4) "Counsel" means an attorney admitted to practice before the supreme court of this state.

(5) "Decision" means the determinative action in adjudication and includes order, opinion, sanction, and relief.

(5.5) "Economic competitiveness" means the ability of the state of Colorado to attract new business and the ability of the businesses currently operating in Colorado to create new jobs and raise productivity.

(6) "Initial decision" means a decision made by a hearing officer or administrative law judge which will become the action of the agency unless reviewed by the agency.

(6.2) "Interested person" includes any person who may be aggrieved by agency action.

(6.5) "Legislative committees of reference" means the committees established by the rules of the house of representatives and rules of the senate of the general assembly having jurisdiction over subject matter regulated by state agencies.

(7) "License" includes the whole or any part of any agency permit, certificate, registration, charter, membership, or statutory exemption.

(8) "Licensing" includes the procedure used by an agency respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license.

(9) "Opinion" means the statement of reasons, findings of fact, and conclusions of law in explanation or support of an order.

(10) "Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) by any agency in any matter other than rule-making.

(11) "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding subject to the provisions of this article.

(12) "Person" includes an individual, limited liability company, partnership, corporation, association, county, and public or private organization of any character other than an agency.

(13) "Proceeding" means any agency process for any rule or rule-making, order or adjudication, or license or licensing.

(14) "Relief" includes the whole or any part of any agency grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; recognition of any claim, right, immunity, privilege, exemption, exception, or remedy; or any other action upon the application or petition of, and beneficial to, any person.

(14.5) "Representative group" means a diverse group convened by an agency prior to rule-making or invited to participate in the rule-making hearing to give input and to comment on the effect of the proposed rules. The group should represent different points of view and may include representatives of persons, businesses, advocacy groups, trade associations, labor organizations, environmental advocacy groups, consumer advocates, or the regulated industry or profession affected negatively or positively by proposed rules.

(15) "Rule" means the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice requirements of any agency. "Rule" includes "regulation".

(16) "Rule-making" means agency process for the formulation, amendment, or repeal of a rule. "Rule-making" does not include a statutory citation correction authorized by section 24-4-103 (11)(l).

(17) "Sanction" includes the whole or any part of any agency prohibition, requirement, limitation, or other condition affecting the freedom of any person; withholding of relief; imposition of any form of penalty or fine; destruction, taking, seizure, barring access to, or withholding of property; assessment of damages; reimbursement; restitution; compensation; costs; charges or fees; requirement; revocation or suspension of a license or the prescription or requirement of terms, conditions, or standards of conduct thereunder; or other compulsory or restrictive action.

(18) "Small business" means a business with fewer than five hundred employees.
C.R.S. § 24-37.5-202 — CO Code / Title 24 / Article 37.5 / Part 2 / Section 24-37.5-202
24-37.5-202. Commission's purposes, powers, and duties
Status: repealed

24-37.5-202. Commission's purposes, powers, and duties. (Repealed)
C.R.S. § 24-82-1005 — CO Code / Title 24 / Article 82 / Part 10 / Section 24-82-1005
24-82-1005. Liability not created by leveraged leasing agreement - indemnification agreement
Status: in_force

24-82-1005. Liability not created by leveraged leasing agreement - indemnification agreements. (1) The lease of a qualified state capital asset by the state to a private person and the sublease of the asset back to the state by the private person pursuant to a leveraged leasing agreement shall not cause the private person to whom the qualified state capital asset is being leased to incur any liability in any type of action by virtue of the private person's status as a lessor under the leveraged leasing agreement.

(2) As part of a leveraged leasing agreement, the executive director of the department of personnel, with the approval of the director of the office of state planning and budgeting, may enter into an indemnity agreement with the private person to whom the qualified state capital asset is being leased.
C.R.S. § 24-60-3103 — CO Code / Title 24 / Article 12 / Part 31 / Section 24-60-3103
24-60-3103. Model legislation - compacts authorized
Status: in_force

24-60-3103. Model legislation - compacts authorized. (1) The executive director, together with the Colorado medical board created in section 12-240-105 and the state board of nursing created in section 12-255-105, and in consultation with the executive director of the department of health care policy and financing or his or her designee, the executive director of the department of public health and environment or his or her designee, and representatives of other state agencies whose participation the executive director deems beneficial, is hereby authorized to develop, participate in the development of, and negotiate for one or more interstate compacts on behalf of the state of Colorado with other states and to recommend model legislation that, if adopted in the respective signatory states, would advance the following policy goals:

(a) The portability of medical and nursing licenses issued by signatory states, subject to appropriate professional standards, safeguards and reciprocal enforcement provisions; and

(b) The implementation of procedures for the delivery of health-care services via telemedicine.

(2) The executive director shall keep the general assembly informed as to the progress of negotiations undertaken pursuant to this section, as events may warrant.
C.R.S. § 24-54.5-103 — CO Code / Title 24 / Article 54.5 / Section 24-54.5-103
24-54.5-103. Authority of governing boards - establishment of optional retirement plans
Status: in_force

24-54.5-103. Authority of governing boards - establishment of optional retirement plans. Any governing board is authorized to establish one or more optional retirement plans pursuant to the provisions of this article at any state college or university under the jurisdiction of such governing board as an alternative to membership in the association.
C.R.S. § 24-21-104.7 — CO Code / Title 24 / Article 21 / Part 1 / Section 24-21-104.7
24-21-104.7. Acceptance of gifts and grants
Status: in_force

24-21-104.7. Acceptance of gifts and grants. The department of state may receive and expend any gift or grant, including federal funds, if such gift or grant involves no state funds and is available for the purpose of exercising the powers and performing the duties of the secretary of state as specified in section 1-1-107, C.R.S. Subject to appropriation by the general assembly, the department may provide matching funds when necessary to receive any such gift or grant.
C.R.S. § 24-50-125 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-125
24-50-125. Disciplinary proceedings - appeals - hearings - procedure - definitions
Status: in_force

24-50-125. Disciplinary proceedings - appeals - hearings - procedure - definitions. (1) A person certified to any class or position in the state personnel system may be dismissed, suspended, or otherwise disciplined by the appointing authority upon written findings of failure to comply with standards of efficient service or competence or for willful misconduct, willful failure or inability to perform his duties, or final conviction of a felony or any other offense which involves moral turpitude, or written charges thereof may be filed by any person with the appointing authority, which shall be promptly determined. In considering the conviction of a crime, the board shall be governed by the provisions of section 24-5-101.

(1.5) (a) In considering any disciplinary action pursuant to this section against an employee who is certified to any class or position in the state personnel system for engaging in violent behavior or a threat of violent behavior against another person while on duty, the appointing authority shall give predominant weight to the safety of the other person over the interests of the employee. For purposes of this subsection (1.5), "violent behavior" means any act or threat of physical, verbal, or psychological aggression or the destruction or abuse of property by any individual. A threat may include a veiled, conditional, or direct threat in verbal, written, electronic, or gestural form, resulting in intimidation, harassment, harm, or endangerment to the safety of another person or property.

(b) If the appointing authority finds that the employee has engaged in violent behavior or a threat of violent behavior against another person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to the person created by the employee's actions. Nothing in this subsection (1.5)(b) affects the constitutional or statutory due process rights afforded to an employee who is certified to any class or position in the state personnel system.

(c) This subsection (1.5) applies regardless of whether the employee has been charged with or convicted of a crime.

(2) Any certified employee disciplined under subsection (1) of this section shall be notified in writing by the appointing authority, by certified letter or hand delivery, no later than five days following the effective date of the action, of the action taken, the specific charges giving rise to such action, and the employee's right of appeal to the board. The notice shall include a statement setting forth the time limit for filing an appeal with the board, the address of the board, the requirement that the appeal be in writing, and the availability of a standard appeal form. Upon failure of the appointing authority to notify the employee in accordance with this subsection (2), the employee shall be compensated in full for the five-day period and until proper notification is received.

(3) Within ten days after the receipt of the notification required by subsection (2) of this section or within such additional time as may be permitted by the board in unusual cases for good cause shown, the employee may petition the board for a hearing upon the action taken. Upon receipt of such petition, the board shall grant a hearing to the employee. If the employee fails to petition the board within ten days or within such additional time granted by the board, the action of the appointing authority shall be final and not further reviewable.

(4) The hearing shall be held within ninety days of receipt of the employee's appeal pursuant to the provisions of section 24-50-125.4. The employee shall be entitled to representation of his or her own choosing at his or her own expense, consistent with the rules of the Colorado supreme court concerning the unauthorized practice of law. The board shall cause a verbatim record of the proceedings to be taken and shall maintain the record. At the conclusion of the hearing, but not later than forty-five days after the conclusion of the hearing, the board shall make public written findings of fact and conclusions of law affirming, modifying, or reversing the action of the appointing authority, and the appointing authority shall thereupon promptly execute the findings of the board.

(5) In addition, upon request by the employee or the employee's representative and within the period provided in section 24-50-125.4 (2), the board shall hold a hearing on an appeal for any certified employee in the state personnel system who protests any action taken that adversely affects the employee's current base pay as defined by board rule, status, or tenure. A probationary employee shall be entitled to all the same rights to a hearing as a certified employee; except that such probationary employee shall not have the right to a hearing to review any disciplinary action taken pursuant to subsection (1) of this section while a probationary employee. This subsection (5) shall not apply to appeals brought pursuant to section 24-50-104.

(6) Disciplinary hearings shall be limited to those specified in this section.

(7) Failure, without good cause, of an employee or his representative to appear at a hearing shall be deemed a withdrawal of his appeal, and the action of the appointing authority shall be final. Failure, without good cause, of the appointing authority or his representative to appear at a hearing shall be deemed cause to dismiss the case and to award the employee all rights, salaries, and benefits as though the employee had won the appeal.
C.R.S. § 24-33.5-1211 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1211
24-33.5-1211. Inspector certification
Status: in_force

24-33.5-1211. Inspector certification. (1) The division shall certify a person with fire safety responsibilities who is employed by, under contract to, or volunteers services to the state or a governing body as a fire inspector if the person files an application with the division for certification on forms provided by the division, pays the required certification fee, is at least eighteen years of age, and:

(a) Passes the fire code certification examination as prescribed by the director of the division; or

(b) Holds a valid and current fire code certification from the international code council; or

(c) Demonstrates to the director of the division that the person meets other equivalent qualifications, including, but not limited to, the education and experience prescribed by rules adopted by the director of the division in accordance with article 4 of this title and obtains an attestation on a form provided by the division from the head of the governing body or a designee that the person has the knowledge, skills, and ability to conduct fire safety plan reviews and inspections using the rules and codes adopted pursuant to sections 8-1-107 (2)(p) and 24-33.5-1203.5 (2)(b), C.R.S.

(2) An inspector certification issued pursuant to subsection (1) of this section shall be valid for a period of three years; except that such certification shall become invalid if:

(a) The certified inspector's employment relationship or contract with the state or governing body is terminated; or

(b) The certified inspector ceases to provide volunteer fire safety plan review or inspection services to the state or governing body.

(3) The requirements and process for renewal of an inspector certification shall be the same as for initial certification.

(4) The director of the division shall establish a fee to cover the actual direct and indirect costs of processing applications and issuing and renewing certifications pursuant to this section. Certification fees collected by the division shall be credited to the firefighter, first responder, hazardous materials responder, and prescribed fire training and certification fund created in section 24-33.5-1207.
C.R.S. § 24-51-319 — CO Code / Title 24 / Article 51 / Part 3 / Section 24-51-319
24-51-319. Retirement plan - creation and use
Status: in_force

24-51-319. Retirement plan - creation and use. An employer that terminates its affiliation with the association shall utilize an existing, or shall establish an alternative, pension plan or system established pursuant to the provisions of article 54 of this title 24. Failure to utilize or establish an alternative pension plan or system does not excuse the employer from the adherence to the remainder of the termination of affiliation provisions of this part 3.
C.R.S. § 24-33.5-1213.7 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1213.7
24-33.5-1213.7. Board of appeals
Status: in_force

24-33.5-1213.7. Board of appeals. (1) (a) There is hereby created in the division a board of appeals, referred to in this section as the "board of appeals". The board of appeals shall consist of seven members appointed by the executive director.

(b) The members of the board of appeals shall be persons who are qualified by experience and training to pass upon matters pertaining to building construction and shall include one representative nominated by each of the Colorado association of school boards, the Colorado association of school executives, the Colorado chapter of the international code council, the fire marshal's association of Colorado, the Colorado state fire chiefs' association, the rocky mountain chapter of the council for educational facilities planners international, and Colorado counties, incorporated, or from a successor to any of these organizations representing comparable interests.

(c) The members of the board of appeals shall serve at the pleasure of the executive director. For the initial board, the executive director shall appoint one member for a one-year term, two members for two-year terms, and three members for three-year terms. Subsequent appointments shall be for three-year terms; except that an appointment to fill a vacancy on the board shall be for the remainder of the predecessor's term.

(d) The members of the board of appeals shall not be compensated for their service on the board and shall not be reimbursed for expenses.

(e) The board of appeals shall adopt reasonable procedures for conducting its deliberations.

(2) A board of education, the state charter school institute, a charter school, or a local district college board of trustees may appeal to the board of appeals a final written decision of an entity that conducts a plan review or inspection pursuant to section 22-32-124 or 23-71-122 (1)(v), C.R.S. The appeal shall be filed with the division within thirty days after the date of the decision. The division shall specify the form on which an appeal shall be made and shall provide the form to a board of education, a charter school, the state charter school institute, or a local district college board of trustees upon request.

(3) Upon receipt of an appeal, the division shall notify the chair of the board of appeals and schedule a hearing no more than fifteen days after the date on which the appeal was filed.

(4) The board of appeals may review a final written decision by an inspecting entity that is based on the provisions of the codes or standards adopted by the director of the division. The board shall not waive any requirement of the codes or standards. The board may recommend alternative materials as provided in the codes or standards. The final written decision of the board is final agency action for purposes of section 24-4-106.

(5) In addition to hearing appeals as provided in this section, the board of appeals shall advise the director in promulgating rules and enacting standards for the public school construction and inspection program.

(6) This section only applies to matters related to school reviews and inspections.
C.R.S. § 24-60-903 — CO Code / Title 24 / Article 60 / Part 9 / Section 24-60-903
24-60-903. Approval of compact
Status: in_force

24-60-903. Approval of compact. Pursuant to article V (e) of the vehicle equipment safety compact, it is the intention of this state and it is provided that no rule, regulation, or code issued by the vehicle equipment safety commission in accordance with article V of the compact shall take effect until approved by act of the general assembly.