C.R.S. § 24-32-3711 — CO Code / Title 24 / Article 32 / Part 37 / Section 24-32-3711
24-32-3711. Neighborhood centers - grant program prioritization
Status: in_force

24-32-3711. Neighborhood centers - grant program prioritization. (1) On or before June 30, 2025, the department shall adopt reasonable criteria for the designation of neighborhood centers in accordance with section 24-32-3701 (10), including criteria for varying regional contexts. The department shall design the criteria adopted pursuant to this subsection (1) to minimize the fiscal burden on local governments. The criteria adopted by the department pursuant to this subsection (1) must not:

(a) Limit or restrict the authority of a local government, including authority relating to zoning, regulation of the use of land, and the imposition of fees, charges, and taxes, notwithstanding the exercise of that authority to establish a neighborhood center; or

(b) Require the modification of a charter adopted pursuant to article XX of the state constitution.

(2) A local government may designate a neighborhood center pursuant to this section and submit a report to the department in a form and manner determined by the department. The department shall not accept a report designating a neighborhood center that does not comply with the criteria adopted by the department. The department shall notify a local government if it does not accept the local government's report.

(3) As of December 31, 2026, excluding grant programs governed by article 32 of title 29, the departments, offices, and agencies identified in section 24-32-3710 shall update grant award criteria to include consideration and prioritization of, to the extent consistent with the purpose of the grant program and any applicable provision of federal law or the state constitution, projects that meet one of the following criteria:

(a) The project is in or supports a neighborhood center designated in a report accepted by the department pursuant to subsection (2) of this section; or

(b) The project concerns an area that would not meet the criteria for designation as a neighborhood center.
C.R.S. § 24-80-602 — CO Code / Title 24 / Article 80 / Part 6 / Section 24-80-602
24-80-602. Effect
Status: in_force

24-80-602. Effect. The change of the name of said river shall in no way affect the rights of this state or of any county, municipality, corporation, association, or person; and all laws, records, surveys, maps, and other public or private documents of every kind and nature in which the said river is mentioned or referred to under or by the name of the Grand river, after March 24, 1921, shall refer to the same river and with the same purport and effect, under and by the name of the Colorado river.
C.R.S. § 24-9-101 — CO Code / Title 24 / Article 9 / Section 24-9-101
24-9-101. Salaries of elected state officials - definition - repeal
Status: repealed

24-9-101. Salaries of elected state officials - definition - repeal. (1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows:

(a) Governor:

(I) Repealed.

(II) (A) The salary payable to the governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty-six percent of the total annual salary paid to the chief justice of the state supreme court on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(a) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year gubernatorial term, and applying to each year of that term, the governor's annual salary is an amount equal to sixty-six percent of the total annual salary earned by the chief justice of the supreme court on the first day of the governor's term.

(C) This subsection (1)(a)(II) is repealed, effective July 1, 2028.

(III) On or after January 1, 2027, the salary payable to the governor for each year of the four-year term being served is in the amount set by the commission.

(b) Lieutenant governor:

(I) Repealed.

(II) (A) The salary payable to the lieutenant governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(b) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the lieutenant governor's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the lieutenant governor's term.

(C) This subsection (1)(b)(II) is repealed, effective July 1, 2028.

(III) Notwithstanding any provision of this subsection (1)(b) to the contrary, if the lieutenant governor is concurrently serving as the head of a principal department and the salary for the head of that principal department is greater than that to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the head of the principal department that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the head of that principal department.

(IV) Notwithstanding any provision of this subsection (1)(b) to the contrary, if the lieutenant governor is concurrently serving as the director of the office of saving people money on healthcare within the office of the governor and the salary for the director of the office of saving people money on healthcare is greater than the amount to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the director of the office of saving people money on healthcare that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the director of the office of saving people money on healthcare.

(V) On or after January 1, 2027, the salary payable to the lieutenant governor for each year of the four-year term being served is in the amount set by the commission.

(c) President of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives, while for any reason acting as governor:

(I) Before January 1, 2027, the sum of twenty dollars per day as expenses; and

(II) On or after January 1, 2027, the amount set by the commission as expenses.

(d) Attorney general:

(I) Repealed.

(II) (A) The salary payable to the attorney general for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty percent of the total annual salary paid to the chief judge of the court of appeals on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(d) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the attorney general's annual salary is an amount equal to sixty percent of the total annual salary earned by the chief judge of the court of appeals on the first day of the attorney general's term.

(C) This subsection (1)(d)(II) is repealed, effective July 1, 2028.

(III) On or after January 1, 2027, the salary payable to the attorney general for each year of the four-year term being served is in the amount set by the commission.

(e) Secretary of state:

(I) Repealed.

(II) (A) The salary payable to the secretary of state for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(e) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the secretary of state's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the secretary of state's term.

(C) This subsection (1)(e)(II) is repealed, effective January 1, 2028.

(III) On or after January 1, 2027, the salary payable to the secretary of state for each year of the four-year term being served is in the amount set by the commission.

(f) State treasurer:

(I) Repealed.

(II) (A) The salary payable to the state treasurer for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(f) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the state treasurer's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the state treasurer's term.

(C) This subsection (1)(f)(II) is repealed, effective July 1, 2028.

(III) On or after January 1, 2027, the salary payable to the state treasurer for each year of the four-year term being served is in the amount set by the commission.

(2) Any official who assumes his or her position by reason of filling a vacancy shall be paid the same salary as that to which the vacating official was entitled.

(3) Repealed.

(4) Nothing in this section authorizes the salary of any elected state official to be modified during the elected state official's official term.

(5) The director of research of the legislative council appointed pursuant to section 2-3-304 (1), C.R.S., shall post the amount of the current annual salary payable to each elected official pursuant to this section on the website of the general assembly. In addition, the department of each elected official shall publish the amount of the current annual salary payable to the elected official on the website of department.

(6) As used in this section, unless the context otherwise requires, "commission" means the independent state elected official pay commission created in section 24-9-106 (2).
C.R.S. § 24-75-1104.5 — CO Code / Title 24 / Article 75 / Part 11 / Section 24-75-1104.5
24-75-1104.5. Use of settlement money - programs - repeal
Status: repealed

24-75-1104.5. Use of settlement money - programs - repeal. (1) Repealed.

(1.3) (a) For the 2012-13 fiscal year, and for each fiscal year thereafter through the 2015-16 fiscal year, the lesser of all settlement moneys received or the following amounts of settlement moneys shall be allocated in each fiscal year in which the state receives the moneys in the percentages or amounts specified and for the programs, services, and funds specified in subsections (1) and (1.5) of this section, as said subsections existed before July 1, 2016:

(I) For the 2012-13 fiscal year, eighty million four hundred thousand dollars less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund, created in section 24-22-115 (1)(a), at the end of the 2011-12 fiscal year;

(II) For the 2013-14, 2014-15, and 2015-16 fiscal years, the amount allocated pursuant to this subsection (1.3) for the prior fiscal year less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subparagraph (I) of paragraph (a) of subsection (5) of this section and less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the prior fiscal year.

(III) (Deleted by amendment, L. 2016.)

(a.5) For the 2016-17 fiscal year, and for each fiscal year thereafter, the lesser of all settlement moneys received or the following amounts of settlement moneys shall be allocated in each fiscal year in which the state receives the moneys in the percentages specified and for the programs, services, and funds specified in subsection (1.7) of this section:

(I) For the 2016-17 fiscal year, for the 2018-19 and 2019-20 fiscal years, and for the 2021-22 fiscal year and each fiscal year thereafter, the amount allocated pursuant to this subsection (1.3) for the prior fiscal year less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subsection (5)(a)(I) of this section and less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the prior fiscal year;

(II) For the 2017-18 fiscal year, the amount allocated pursuant to subsection (1.3)(a.5)(I) of this section for the 2016-17 fiscal year less fifteen million dollars, less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subsection (5)(a)(I) of this section, and less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the 2016-17 fiscal year; and

(III) For the 2020-21 fiscal year, the amount allocated pursuant to subsection (1.3)(a.5)(I) of this section for the 2019-20 fiscal year less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subsection (5)(a)(I) of this section, less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the 2019-20 fiscal year, and plus twenty million dollars.

(b) (I) For the 2016-17 fiscal year, and for each fiscal year thereafter, in addition to the amounts allocated pursuant to paragraph (a.5) of this subsection (1.3), the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund, created in section 24-22-115 (1)(a), at the end of the prior fiscal year shall be allocated to the programs that receive settlement moneys pursuant to subsection (1.7) of this section in proportion to their shares of the settlement moneys.

(II) For the 2016-17 fiscal year, and for each fiscal year thereafter, in addition to the amounts allocated pursuant to paragraph (a.5) of this subsection (1.3), disputed payments received are allocated in the year received up to the amounts necessary to meet the requirements of subsection (1.7) of this section in the percentages specified and for the programs, services, and funds specified in said subsection (1.7).

(c) Notwithstanding the provisions of section 24-1-136, no later than October 1, 2013, and no later than October 1 of each year thereafter, the state treasurer shall submit a written report to the joint budget committee that sets forth the total amount allocated pursuant to this subsection (1.3) during the prior fiscal year and the total amount anticipated to be allocated pursuant to this subsection (1.3) during the current fiscal year.

(1.5) Repealed.

(1.7) Except as otherwise provided in subsections (1.3), (1.8), and (5) of this section, and except that disputed payments received by the state in the 2015-16 fiscal year or in any year thereafter are excluded from the calculation of allocations pursuant to this subsection (1.7), for the 2016-17 fiscal year and for each fiscal year thereafter, the following programs, services, and funds receive the following specified percentages of the total amount of settlement money received by the state in the preceding fiscal year:

(a) The Colorado nurse home visitor program created in part 5 of article 3 of title 26.5 receives twenty-eight and seven-tenths percent of the settlement money;

(b) The children's basic health plan trust created in section 25.5-8-105, C.R.S., shall receive eighteen percent of the settlement moneys;

(c) The university of Colorado health sciences center shall receive a base amount of fifteen and one-half percent of the settlement moneys and an additional amount of two percent of the settlement moneys, and the state treasurer shall credit both amounts to the tobacco litigation settlement moneys health education fund, which is hereby created in the state treasury. 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 in the fund at the end of any fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund. All money in the fund is subject to annual appropriation by the general assembly to the health sciences center, but the health sciences center shall use the additional amount of settlement moneys credited to the fund only for tobacco-related in-state cancer research as authorized in section 24-75-1103 (7).

(d) The Fitzsimons trust fund created in section 23-20-136 (3), C.R.S., shall receive eight percent of the settlement moneys. Subject to annual appropriation by the general assembly, the settlement moneys shall be used as specified in section 23-20-136 (5), C.R.S.

(e) The Tony Grampsas youth services program created in article 6.8 of title 26, C.R.S., shall receive seven and one-half percent of the total amount of settlement moneys, which the state treasurer shall transfer to the youth services program fund created in section 26-6.8-102 (2)(d), C.R.S.;

(f) The drug assistance program created in section 25-4-1401, C.R.S., shall receive five percent of the settlement moneys;

(g) The AIDS and HIV prevention fund created in section 25-4-1405, C.R.S., shall receive three and one-half percent of the settlement moneys;

(h) The supplemental tobacco litigation settlement moneys account of the Colorado immunization fund created in section 25-4-2301, C.R.S., shall receive two and one-half percent of the settlement moneys;

(i) (I) Except as otherwise provided in subsection (1.7)(i)(II) of this section, the tobacco settlement defense account of the tobacco litigation settlement cash fund created in section 24-22-115 (2)(a) shall receive two and one-half percent of the settlement moneys;

(II) For the 2020-21 fiscal year, the tobacco settlement defense account of the tobacco litigation settlement cash fund shall receive seventy-five one-hundredths percent of the settlement moneys;

(j) The supplemental state contribution fund created in section 24-50-609 (5) shall receive two and three-tenths percent of the settlement moneys, which, subject to annual appropriation by the general assembly, shall be used to pay the costs of increased nonsupplemental state contributions and to provide supplements to the state contribution for state employee group benefit plans for each eligible state employee as required by section 24-50-609.5;

(k) (I) Through the 2022-23 fiscal year, the Colorado autism treatment fund created pursuant to section 25.5-6-805, as it existed prior to its repeal in 2023, shall receive two percent of the settlement money to pay a portion of the state's share of the annual funding required by the "Home- and Community-based Services for Children with Autism Act", part 8 of article 6 of title 25.5, as it existed prior to its repeal in 2023.

(II) This subsection (1.7)(k) is repealed, effective July 1, 2025.

(l) The Colorado state veterans trust fund created in section 28-5-709, C.R.S., shall receive one percent of the settlement moneys;

(m) The state dental loan repayment and oral health programs fund created in article 23 of title 25 shall receive one percent of the settlement money; and

(n) The Colorado health service corps fund created in section 25-1.5-506, C.R.S., shall receive one percent of the settlement moneys.

(1.8) (a) For the 2020-21 fiscal year, the total amount of settlement moneys received by the state in the preceding fiscal year shall be reduced by two million dollars before the calculation of allocations under subsection (1.7) of this section.

(b) On July 1, 2020, the state treasurer shall transfer all settlement moneys received during the 2019-20 fiscal year that are not allocated under subsection (1.7) of this section to the general fund.

(2) The general assembly shall appropriate or the state treasurer shall transfer, as provided by law, the amounts specified in subsection (1.7) of this section from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115. All settlement moneys other than settlement moneys received and allocated by the state during the same fiscal year pursuant to subsection (1.7) of this section shall be credited to the specified funds or accounts on July 1 of the fiscal year for which they are transferred, and all settlement moneys received and allocated by the state during the same fiscal year pursuant to said subsection (1.7) shall be credited to the specified funds or accounts upon receipt by the state.

(3) [Editor's note: This version of subsection (3) is effective until July 1, 2025.] Notwithstanding subsection (1.7) of this section, for purposes of sections 23-20-136 (3.5)(a), 25-4-1401 (6), 25-4-1405 (2), 25-23-104 (2), 25.5-6-805 (2), 25.5-8-105 (3), 26.5-3-507 (2)(e), 26-6.8-102 (2)(d), and 28-5-709 (2)(a), settlement money received and allocated by the state pursuant to subsection (1.7) of this section during the same fiscal year is deemed to be money received for or during the preceding fiscal year.

(3) [Editor's note: This version of subsection (3) is effective July 1, 2025.] Notwithstanding subsection (1.7) of this section, for purposes of sections 23-20-136 (3.5)(a), 25-4-1401 (6), 25-4-1405 (2), 25-23-104 (2), 25.5-8-105 (3), 26.5-3-507 (2)(e), 26-6.8-102 (2)(d), and 28-5-709 (2)(a), settlement money received and allocated by the state pursuant to subsection (1.7) of this section during the same fiscal year is deemed to be money received for or during the preceding fiscal year.

(4) Repealed.

(5) (a) (I) The state treasurer shall credit all disputed payments upon receipt to the tobacco litigation settlement cash fund; except that the state treasurer shall credit any disputed payments received during any fiscal year that are not allocated under paragraph (b) of subsection (1.3) of this section to the general fund.

(II) As used in this paragraph (a):

(A) "Allocable share" has the same meaning as set forth in section (II)(f) of the master settlement agreement and all amendments thereto.

(B) "Disputed payments" means payments of settlement moneys received by the state on or after July 1, 2008, in regard to the maximum potential NPM adjustment allocable share applicable to Colorado for any year, as calculated by the independent auditor, and any earned income or interest associated with the payments.

(C) "Independent auditor" has the same meaning as set forth in section (II)(w) of the master settlement agreement and all amendments thereto.

(D) "NPM adjustment" has the same meaning as set forth in section (II)(ff) of the master settlement agreement and all amendments thereto.

(E) Repealed.

(b) Repealed.

(6) Repealed.

(7) Notwithstanding any limitation on the amount of advances set forth in section 24-75-203 (2), the controller may authorize an advance without interest in any amount to be made to any department, institution, or agency of state government to provide it with working capital for the operation of tobacco settlement programs to which settlement moneys are allocated pursuant to this section.

(8) and (9) Repealed.
C.R.S. § 24-92-302 — CO Code / Title 24 / Article 92 / Part 3 / Section 24-92-302
24-92-302. Legislative declaration
Status: in_force

24-92-302. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The energy industry in Colorado is undergoing a historic transformation to address threats posed by climate change, which includes efforts to diversify capacity, promote the development of renewable and other clean, non-carbon generation sources, and electrify major segments of the state's economy;

(b) These developments will require massive investments of resources from the state and public utility companies, which will ultimately be paid by residents through future taxes and utility bills;

(c) The safe and cost-effective delivery of these projects is vital to the public health and welfare of residents and the economic security of the state, and critical to ensure that adequate power is provided to Colorado homes and businesses;

(d) Deficient planning of these resources can result in escalating utility bills and dangerous power outages if power supply is not maintained in sufficient capacity to meet future, growing demand. For these reasons, appropriate measures must be taken to protect future energy investments, promote successful construction delivery, and prevent errors in the planning and delivery of new facilities.

(e) One of the most challenging aspects of energy facility construction is ensuring that projects are supported by capable craft labor resources. It is essential for these projects to be staffed by a reliable and adequate supply of properly trained workers in all applicable trades and crafts required for these facilities.

(f) Energy sector public works projects built by or for the use of regulated utilities, like traditional public projects, are often built for the collective benefit of all citizens and residents of Colorado. These projects are often funded through public tax dollars or through the collective resources acquired through Colorado utilities billing customers. Like tax dollars, these resources acquired through utility rates should demand a higher standard of public benefit back to the consumers and communities from which the resources were collected.

(g) Extensive research shows that prevailing wage laws are effective in attracting better qualified workers to projects and promoting critically needed investments in apprenticeship training required to ensure adequate craft labor skill levels and productivity. Likewise, the use of registered apprenticeship training programs and project labor agreements has been proven to be the most effective strategy for providing high-level skills training and ensuring needed qualification credentialing for workers in the construction industry.

(h) By providing project owners, developers, and contractors unique and unparalleled access to an adequate supply of well-trained, highly skilled craft labor in affected project areas, craft labor standards promote successful project delivery goals, including quality, safety, timeliness, and cost-efficiency, by providing effective quality control over craft labor supply capabilities, as well as risk avoidance to prevent disruptions and other labor performance problems caused by inadequate craft labor capabilities;

(i) For these reasons, incorporating prevailing wage standards and apprenticeship requirements and encouraging project labor agreements for public utilities and other energy facility planning and construction is necessary to protect and promote the public's interest in these projects;

(j) By incorporating well established quality contracting procurement tools, such as prevailing wages, apprenticeship utilization requirements, and project labor agreements into our energy resource planning, the state of Colorado will have the capabilities to better protect its energy investments, improve construction project delivery in the energy sector, fully document and evaluate the directives set forth in section 40-2-129, and create a clear set of standards for enforcement to achieve the law's intent for the benefit of Colorado workers and the communities where they live;

(k) Use of these quality contracting tools is already incorporated into Colorado's traditional public procurement law as prevailing wage and apprenticeship policies adopted in sections 24-92-115 (7) and part 2 of this article 92. In addition, project labor agreements have been successfully used in Colorado in the past for projects in the energy sector and the broader private sector construction industry. These agreements have also been upheld by the courts, for example, in Bldg. & Constr. Trades Council v. Associated Builders & Contractors of Mass./R.I., Inc., 507 U.S. 230, 231 (1993), due to their ability to help secure reliable craft labor staffing and promote timely project delivery.

(l) Due to their benefits in promoting successful project delivery in projects assisted by federal grants and tax credits, the federal government is strongly encouraging the use of these quality contracting tools generally, and especially in the energy sector, where major federal assistance programs under the recent federal "Inflation Reduction Act of 2022", Pub.L. 117-169, are providing approximately three hundred seventy billion dollars in funding to promote clean energy sources across the country.

(2) The general assembly further finds and declares that because cost-effective, safe, and efficient generation, transmission, and distribution systems in the energy sector are vital to the state's economy and the public welfare and safety, quality control and risk avoidance measures are necessary to ensure that the construction of projects necessary for these systems are adequately staffed by properly trained and qualified craft labor personnel.
C.R.S. § 24-106-107 — CO Code / Title 24 / Article 106 / Section 24-106-107
24-106-107. Monitoring of vendor performance - definitions
Status: in_force

24-106-107. Monitoring of vendor performance - definitions. (1) For purposes of this section, "governmental body" has the same meaning as set forth in section 24-101-301 (18); except that, for purposes of this section, "governmental body" shall also include elected officials.

(2) Each personal services contract entered into pursuant to this code with a value of one hundred thousand dollars or more shall contain:

(a) Performance measures and standards developed specifically for the contract by the governmental body administering the contract. The performance measures and standards shall be negotiated by the governmental body and the vendor prior to execution of the contract and shall be incorporated into the contract. The measures and standards shall be used by the governmental body to evaluate the performance of the vendor under the contract.

(b) An accountability section that requires the vendor to report regularly on achievement of the performance measures and standards specified in the contract and that allows the governmental body to withhold payment until successful completion of all or part of the contract and the achievement of established performance standards. The accountability section shall include a requirement that payment by the governmental body to the vendor shall be made without delay upon successful completion of all or any part of the contract in accordance with the payment schedule specified in the contract or as otherwise agreed upon by the parties.

(c) Monitoring requirements that specify how the governmental body will evaluate the vendor's performance, including progress reports, site visits, inspections, and reviews of performance data. The governmental body shall use one or more monitoring processes to ensure that the results, objectives, and obligations of the contract are met.

(d) Methods and mechanisms to resolve any situation in which the governmental body's monitoring assessment determines noncompliance, including termination of the contract.

(3) Each governmental body administering the personal services contract shall, within existing resources of the governmental body, designate a contract manager with subject matter expertise within the governmental body responsible for day-to-day management of the contract, including performance monitoring.

(4) If the governmental body determines that the vendor has not complied with the contract terms, including but not limited to performance standards and measurable outcomes, the state may pursue remedies in accordance with article 109 of this title 24 and shall be entitled to any remedy available under law in the case of contract nonperformance, including but not limited to termination of the contract and the return of any and all payments made to the vendor by the state under the contract; except that the recovery of any moneys by the state shall be reduced by the value of any contractual benefits realized by the state from partial performance by the vendor under the contract. If a vendor is deemed to be in default under any one particular contract with the state, the state may, upon a showing of good cause, declare any or all other contracts it has entered into with the vendor to be in default.

(5) [Editor's note: This version of subsection (5) is effective until July 1, 2025.] Notwithstanding any other provision of this section, nothing in this section shall be construed to apply to any contract to which the state is a party under medicare, the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, the "Children's Basic Health Plan Act", article 8 of title 25.5, or the "Colorado Indigent Care Program", part 1 of article 3 of title 25.5.

(5) [Editor's note: This version of subsection (5) is effective July 1, 2025.] Notwithstanding this section to the contrary, this section does not apply to any contract to which the state is a party under medicare, the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5.
C.R.S. § 24-75-227 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-227
24-75-227. Revenue loss restoration cash fund - creation - allowable uses - definitions - r
Status: repealed

24-75-227. Revenue loss restoration cash fund - creation - allowable uses - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

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

(b) "Department" means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(c) "Fund" means the revenue loss restoration cash fund created in subsection (2) of this section.

(2) (a) The revenue loss restoration cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section and section 24-75-229 (4)(b) and any other money that the general assembly may appropriate or transfer to the fund. Subject to the limitations set forth in subsection (3) of this section, the general assembly may appropriate money from the fund to a department for the provision of government services, including kindergarten through twelfth grade public education, housing, state employees, asset maintenance, seniors, criminal justice, state parks, agriculture, and transportation infrastructure. The general assembly may transfer money from the fund to another cash fund to be used for the provision of such government services.

(b) (I) Three days after June 24, 2021, the state treasurer shall transfer one billion dollars from the "American Rescue Plan Act of 2021" cash fund created in section 24-75-226 to the fund.

(II) Repealed.

(III) The fund also includes:

(A) Five million five hundred sixty-three thousand nine hundred eighty-eight dollars from the money the state received from the federal coronavirus state fiscal recovery fund under section 9901 of Title IX, subtitle M of the "American Rescue Plan Act of 2021", which the state treasurer shall transfer to the fund;

(B) The amounts transferred to the fund in accordance with section 24-75-228 (3.5)(b) and (3.7); and

(C) The amount transferred to the fund in accordance with section 8-13.3-518 (4)(d)(II).

(3) (a) The total amount that the general assembly appropriates or transfers from the fund shall not exceed:

(I) Three hundred fifty-seven million dollars for the fiscal year 2021-22; and

(II) Three hundred thirty-three million dollars for the fiscal year 2022-23.

(III) (Deleted by amendment, L. 2024.)

(b) (I) If the amount appropriated, expended, or transferred in a fiscal year from the fund is less than the limit specified in subsection (3)(a) of this section, then the general assembly may appropriate or transfer the remainder for any later fiscal year.

(II) The limit specified in this subsection (3) does not apply to any amount appropriated from the fund for the 2022-23 fiscal year for capital construction, capital renewal, or controlled maintenance, as each term is defined in section 24-30-1301.

(c) On and after January 1, 2022, the general assembly may only appropriate money from the fund through the annual general appropriation act or a supplemental appropriation act.

(3.5) Notwithstanding the limitation in subsection (3)(c) of this section, on July 1, 2022, the state treasurer shall transfer twenty-four million one hundred thirty-one thousand three hundred ninety dollars from the fund to the judicial department information technology cash fund created in section 13-32-114.

(3.7) Notwithstanding any provision of this section to the contrary, no later than three days after May 25, 2022, the state treasurer shall transfer six hundred million dollars from the revenue loss restoration cash fund created in subsection (2) of this section to the title XII repayment fund created in section 8-77-103 (3)(a).

(3.9) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(4) This section is repealed, effective July 1, 2027.
C.R.S. § 24-30-1806 — CO Code / Title 24 / Article 30 / Part 18 / Section 24-30-1806
24-30-1806. Policy recommendations
Status: in_force

24-30-1806. Policy recommendations. (Deleted by amendment)
C.R.S. § 24-109-502 — CO Code / Title 24 / Article 109 / Part 5 / Section 24-109-502
24-109-502. Protests - remedies prior to an award
Status: in_force

24-109-502. Protests - remedies prior to an award. If, prior to the awarding of a contract, the procurement official determines that a solicitation or the proposed award is in violation of this code, the solicitation or proposed award shall be canceled or revised to comply with this code, at the direction of the procurement official. The determination of the procurement official under this section shall not be subject to further administrative or judicial review.
C.R.S. § 24-72-110 — CO Code / Title 24 / Article 72 / Part 1 / Section 24-72-110
24-72-110. Evidence admissible, when - charges
Status: in_force

24-72-110. Evidence admissible, when - charges. (1) In all cases under the provisions of this part 1 and in all proceedings or actions instituted after April 19, 1889, as to any estate or any interest or right in or any lien or encumbrance upon any lots, pieces, or parcels of land, where the original evidence has been destroyed or lost or is not in the possession of the party wishing to use it on the trial and the record thereof has been destroyed by fire or otherwise, the court shall receive all such evidence as may have a bearing on the case to establish the execution or contents of the records and deeds so destroyed, although not admissible as evidence under the existing rules governing the admission of evidence, and the testimony of the parties themselves shall be received, subject to all the qualifications in respect to such testimony which are now provided by law. Any writing in the hands of any person which may become admissible in evidence under the provisions of this section or any other part of this part 1 shall be rejected and not admitted in evidence unless the same appears upon its face without erasure, blemish, alteration, interlineation, or interpolation in any material part, unless the same is explained to the satisfaction of the court, and to have been fairly and honestly made in the ordinary course of business. Any person making any such erasure, alteration, interlineation, or interpolation in any such writing, with the intent to change the same in any substantial matter, after the same has been once made, is guilty of the crime of forgery and shall be punished accordingly. Any and all persons who may be engaged in the business of making writings or written entries concerning or relating to lands and real estate in any county in this state to which this part 1 applies and of furnishing to persons applying therefor abstracts and copies of such writings or written entries as aforesaid for a fee, reward, or compensation therefor and who do not make the same truly and without alteration or interpolation in any matter of substance, with a view and intent to alter or change the same in any material matter or substance, are guilty of the crime of forgery and shall be punished accordingly.

(2) Any such person shall furnish such abstracts or copies to the person applying therefor, in the order of application and without unnecessary delay, for a reasonable consideration to be allowed therefor. Any person so engaged, whose business is declared to stand upon a like footing with that of a common carrier, who refuses to so furnish if tender of payment is made to him or her of the amount demanded for such abstract or copy, not to exceed said reasonable consideration, as soon as such amount is made known or ascertained, or of a sum adequate to cover such amount before its ascertainment commits a civil infraction and shall be liable in any proper form of action or suit for any and all damages, loss, or injury which any person applying therefor may suffer or incur by reason of such failure to furnish such abstract or copy.
C.R.S. § 24-80-911.5 — CO Code / Title 24 / Article 80 / Part 9 / Section 24-80-911.5
24-80-911.5. State fish
Status: in_force

24-80-911.5. State fish. The greenback cutthroat trout (oncorhynchus clarki stomias) is hereby made and declared to be the state fish of the state of Colorado.
C.R.S. § 24-1-119 — CO Code / Title 24 / Article 1 / Section 24-1-119
24-1-119. Department of public health and environment - creation
Status: repealed

24-1-119. Department of public health and environment - creation. (1) There is hereby created a department of public health and environment. The head of the department shall be the executive director of the department of public health and environment. The governor shall appoint said executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(2) The state board of health, created in part 1 of article 1 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.

(3) The water quality control commission, created in part 2 of article 8 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment. Anything in this article 1 to the contrary notwithstanding, the state board of health has no powers, duties, or functions with respect to water pollution control.

(4) Except for the state board of health, the state department of public health and the office of the executive director thereof, created by part 1 of article 1 of title 25, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of public health and environment.

(5) The department of public health and environment consists of the following divisions:

(a) The division of administration. The division of administration, created in part 1 of article 1 of title 25, except for the office of the executive director of the state department of public health, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.

(b) (Deleted by amendment, L. 93, p. 1089, § 5, effective July 1, 1994.)

(c) The prevention services division, created in article 20.5 of title 25, which is a type 2 entity, as defined in section 24-1-105.

(6) The division of administration includes the following:

(a) The office of state chemist, created in part 4 of article 1 of title 25. The office of the state chemist is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment as a section of the division of administration.

(b) The office of state registrar of vital statistics, created in article 2 of title 25. The office of state registrar of vital statistics is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.

(c) Repealed.

(d) The water and wastewater facility operators certification board, created in section 25-9-103. The water and wastewater facility operators certification board is a type 1 entity, as defined in section 24-1-105.

(6.3) and (6.5) Repealed.

(7) (a) The air quality control commission, created in part 1 of article 7 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment. Anything in this article 1 to the contrary notwithstanding, the state board of health has no powers, duties, or functions with respect to air pollution other than as provided in section 25-7-111 (1).

(b) Repealed.

(c) The technical secretary of the air quality control commission, created in part 1 of article 7 of title 25, is a type 1 entity, as defined in section 24-1-105. The technical secretary of the air quality control commission exercises its powers and performs its duties and functions under the department of public health and environment and is allocated to the air quality control commission.

(8) The solid and hazardous waste commission, created in part 3 of article 15 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.

(9) and (10) Repealed.

(11) The office of health equity and the director of the office, created in section 25-4-2204, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public health and environment.

(12) The primary care office and the director of the office, created in part 4 of article 1.5 of title 25, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public health and environment.

(13) The clean fleet enterprise, created in section 25-7.5-103, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.

(14) The nursing home innovations grant board, created in section 25-1-107.5 (6)(a), is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.

(15) The Colorado coroners standards and training board, created in section 30-10-601.6, is a type 2 entity, as defined in section 24-1-105.

(16) The emergency medical practice advisory council, created in section 25-3.5-206, is a type 2 entity, as defined in section 24-1-105.

(17) The air quality enterprise, created in section 25-7-103.5 (3), is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.

(18) The Colorado circular communities enterprise, created in section 25-16.5-109 (3), is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
C.R.S. § 24-31-111 — CO Code / Title 24 / Article 31 / Part 1 / Section 24-31-111
24-31-111. Legal services to state agencies - definitions
Status: in_force

24-31-111. Legal services to state agencies - definitions. (1) The attorney general shall provide legal services for each state agency as provided in section 24-31-101. The attorney general shall assign one or more deputy attorneys general or assistant attorneys general to perform legal services for each state agency requiring such services.

(2) No state agency shall appoint, solicit, or employ any person to perform legal services except in accordance with this part 1.

(3) Legal services provided to state agencies are subject to supervision of the attorney general and must be rendered in accordance with the legal policies of the state as determined by the attorney general.

(4) No assistant solicitor general, deputy attorney general, or assistant attorney general may appear in any court of this state or of the United States on behalf of a state agency unless specifically authorized to so appear by the attorney general.

(5) Whenever the attorney general is unable, has failed, or refuses to provide legal services to a state agency, as determined by the governor if the agency is in the executive branch, or by the chief justice if the agency is in the judicial branch, or by the state auditor if the agency is the office of the state auditor, the agency may employ counsel of its choosing to provide such legal services. Any expense incurred due to the employment of counsel pursuant to this subsection (5) is a lawful charge against appropriations for this purpose made by the general assembly to the department of law.

(6) As used in this section:

(a) "Legal services" means providing legal counsel by an attorney-at-law for a state agency, including representation in court, providing legal advice, and issuance of formal and informal legal opinions.

(b) "State agency" means any department, division, section, unit, office, officer, commission, board, institution, institution of higher education, or other agency of the executive department and judicial department of state government. "State agency" does not mean the legislative department except for the state auditor in accordance with section 2-3-104.5.
C.R.S. § 24-33-105 — CO Code / Title 24 / Article 33 / Part 1 / Section 24-33-105
24-33-105. Executive director given power to contract with Colorado school of mines
Status: in_force

24-33-105. Executive director given power to contract with Colorado school of mines. (1) The executive director is hereby given authority to:

(a) Enter into contracts with the Colorado school of mines to develop and conduct research concerning:

(I) New and more efficient methods of mining, preparing, and utilizing coal;

(II) Markets for coal of the western United States and especially that of Colorado;

(III) Development in the scientific, technical, and economic fields related to the coal industry;

(b) Accept grants from, contract with, and otherwise cooperate with the office of coal research of the United States department of the interior.
C.R.S. § 24-34-308 — CO Code / Title 24 / Article 34 / Part 3 / Section 24-34-308
24-34-308. Enforcement of federal law prohibited
Status: in_force

24-34-308. Enforcement of federal law prohibited. Nothing in parts 3 to 8 of this article shall be construed to authorize the commission, the director, or the division to enforce any provision of federal law. Nothing in this section shall prevent the commission from accepting federal grants for the enforcement of parts 3 to 7.
C.R.S. § 24-33.5-425 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-425
24-33.5-425. Cold case homicide team
Status: in_force

24-33.5-425. Cold case homicide team. (1) There is hereby created a cold case homicide team in the bureau, referred to in this section as the "team".

(2) (a) The team shall develop a database that shall contain information related to each homicide investigation that is open in a Colorado jurisdiction for more than three years from the date of the commission of the crime and was committed since 1970. The bureau shall adopt rules that specify the information that shall be collected and maintained in the database, including the information required pursuant to paragraph (b) of subsection (3) of this section.

(b) Each law enforcement agency in the state shall provide the information required for inclusion in the database for each homicide investigation that is open in a Colorado jurisdiction for more than three years from the date of the commission of the crime and was committed since 1970. The law enforcement agency shall maintain the physical evidence and investigation file for each such case unless otherwise agreed by the law enforcement agency and the bureau.

(3) (a) The team may provide assistance to local law enforcement agencies, upon request and within existing appropriations, on homicide investigations. If the team declines to provide assistance to a local law enforcement agency after a request is made pursuant to this subsection (3), the team shall provide the local law enforcement agency with a written explanation for its decision, which may include but need not be limited to lack of resources and shall include the written explanation in the database created in subsection (2) of this section.

(b) A family member of a homicide victim may request that the local law enforcement agency investigating the homicide ask the team for assistance in investigating the homicide. The local law enforcement agency shall decide whether to ask the team for assistance. Within thirty days after receiving a request from a family member, the local law enforcement agency shall notify the family member whether it will seek the assistance of the team. If the local law enforcement agency decides not to seek the assistance of the team, it shall inform the family member of its reasons for the decision in writing and provide that same information in writing to the bureau for inclusion in the database created in subsection (2) of this section. If the local law enforcement agency decides to seek the assistance of the team, it shall contact the team and request the assistance. Within thirty days after receiving a request from a local law enforcement agency, the team shall notify the local law enforcement agency regarding whether it will offer assistance to the local law enforcement agency. If the team decides not to offer assistance to the local law enforcement agency, it shall inform the local law enforcement agency of the reasons for its decision in writing and include those reasons in the database created in subsection (2) of this section.
C.R.S. § 24-32-3603 — CO Code / Title 24 / Article 32 / Part 36 / Section 24-32-3603
24-32-3603. Definitions - rules
Status: in_force

24-32-3603. Definitions - rules. As used in this part 36, unless the context otherwise requires:

(1) "Department" means the department of local affairs.

(2) "Executive director" means the executive director of the department or the executive director's designee.

(3) (a) "Rural" means:

(I) A county with a population of fewer than fifty thousand; or

(II) A municipality with a population of fewer than twenty thousand if the municipality is not contiguous to a municipality with a population of twenty thousand or more.

(b) The executive director may modify, by rule, the definition of "rural" as necessary to implement this part 36.

(4) "Significant economic event" or "event" means an economic event occurring within a rural community or region, such as a plant closure or layoffs, including industry-wide layoffs, that may have a significant, quantifiable impact on the total number of jobs within the rural community, as determined by the executive director when considering applications for nonmonetary assistance pursuant to section 24-32-3604.
C.R.S. § 24-67-105 — CO Code / Title 24 / Article 67 / Section 24-67-105
24-67-105. Standards and conditions for planned unit development - definitions
Status: in_force

24-67-105. Standards and conditions for planned unit development - definitions. (1) Every resolution or ordinance adopted pursuant to the provisions of this article shall set forth the standards and conditions by which a proposed planned unit development shall be evaluated, which shall be consistent with the provisions of this section. No planned unit development may be approved by a county or municipality without the written consent of the landowner whose properties are included within the planned unit development.

(2) Such resolution or ordinance shall set forth the uses permitted in a planned unit development and the minimum number of units or acres which may constitute a planned unit development.

(3) Such resolution or ordinance may establish the sequence of development among the various types of uses.

(4) Such resolution or ordinance shall establish standards governing the density or intensity of land use, or methods for determining such density or intensity, in a planned unit development.

(5) Such resolution or ordinance shall specify information which shall be submitted with the planned unit development application to ensure full evaluation of the application, and the board designated pursuant to section 24-67-104 (1)(c) may require such additional relevant information as it may deem necessary.

(5.3) (a) In a subject jurisdiction, any planned unit development resolution or ordinance that is adopted or approved on or after the effective date of this subsection (5.3), and that allows the construction of one or more single-unit detached dwellings, must not restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling more than the local law that applies to accessory dwelling unit development outside of a planned unit development or in any way that is prohibited by section 29-35-403.

(b) In a subject jurisdiction, any planned unit development resolution or ordinance that was adopted or approved before the effective date of this subsection (5.3), that allows the construction of one or more single-unit detached dwellings, and that restricts the construction of an accessory dwelling unit as an accessory use to any single-unit detached dwelling more than the local law that applies to accessory dwelling unit development outside of a planned unit development:

(I) Shall not be interpreted or enforced to restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling unit in any way that is prohibited by section 29-35-403; and

(II) May be superseded by the adoption of a local law pursuant to section 29-35-403.

(c) Notwithstanding subsection (5.3)(b) of this section, a local government may adopt conforming amendments to any such planned unit development.

(d) As used in this subsection (5.3), unless the context otherwise requires:

(I) "Accessory dwelling unit" has the same meaning as set forth in section 29-35-402 (2).

(II) "Local law" has the same meaning as set forth in section 29-35-402 (13).

(III) "Subject jurisdiction" has the same meaning as set forth in section 29-35-402 (21).

(5.5) (a) Any planned unit development resolution or ordinance that applies within a transit center or neighborhood center that is adopted or approved by a local government on or after the effective date of this subsection (5.5) must not restrict the development of housing in any manner that is inconsistent with the requirements for designating an area as a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206.

(b) Any planned unit development resolution or ordinance that applies within a transit center or neighborhood center that is adopted or approved by a local government before the effective date of this subsection (5.5) and that restricts the development of housing in any manner that is inconsistent with the requirements for designating an area as a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206:

(I) Must not be interpreted or enforced to restrict the development of multifamily residential dwelling units so that a transit-oriented community could not designate an area as a transit center or neighborhood center that would otherwise qualify as such; and

(II) May be superseded by the adoption of a local law adopted in accordance with the requirements for designation of a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206.

(c) Notwithstanding subsection (5.5)(b) of this section, a local government may adopt conforming amendments to any such planned unit development resolution or ordinance.

(d) As used in this subsection (5.5), unless the context otherwise requires:

(I) "Local law" has the same meaning as set forth in section 29-35-103 (12).

(II) "Neighborhood center" has the same meaning as set forth in section 29-35-202 (5).

(III) "Transit center" has the same meaning as set forth in section 29-35-202 (9).

(6) (a) Such resolution or ordinance may provide standards for inclusion of common open space.

(b) The ordinance or resolution may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space or that other adequate arrangements for the ownership and maintenance thereof be made.

(c) In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after establishment of the planned unit development to maintain the common open space in reasonable order and condition in accordance with the plan, the county or municipality may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen days of the notice. At such hearing the county or municipality may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty days or any extension thereof, the county or municipality, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the county or municipality shall, upon its initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned unit development to be held by the board designated by the county or municipality, at which hearing such organization or the residents of the planned unit development shall show cause why such maintenance by the county or municipality shall not, at the election of the county or municipality, continue for a succeeding year. If the board designated by the county or municipality determines that such organization is ready and able to maintain said common open space in reasonable condition, the county or municipality shall cease to maintain said common open space at the end of said year. If the board designated by the county or municipality determines that such organization is not ready and able to maintain said common open space in a reasonable condition, the county or municipality may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

(d) The cost of such maintenance by the county or municipality shall be paid by the owners of properties within the planned unit development that have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties. The county or municipality shall file a notice of such lien in the office of the county clerk and recorder upon the properties affected by such lien within the planned unit development and shall certify such unpaid assessments to the board of county commissioners and county treasurer for collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes.

(7) Design, construction, and other requirements applicable to a planned unit development may be different from or modifications of the requirements otherwise applicable by reason of any zoning or subdivision regulation, resolution, or ordinance of the county or municipality as long as such requirements substantially comply with the subdivision provisions of part 1 of article 28 of title 30 or part 2 of article 23 of title 31, C.R.S., whichever is applicable, and appropriate regulations promulgated thereunder. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable.
C.R.S. § 24-71.3-113 — CO Code / Title 24 / Article 71.3 / Section 24-71.3-113
24-71.3-113. Admissibility in evidence
Status: in_force

24-71.3-113. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
C.R.S. § 24-38.5-302 — CO Code / Title 24 / Article 38.5 / Part 3 / Section 24-38.5-302
24-38.5-302. Definitions
Status: repealed

24-38.5-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Battery electric motor vehicle" means a motor vehicle that is powered exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion.

(2) "Board" means the governing board of the enterprise.

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

(4) "Electric alternative to motor vehicles" means a vehicle, as defined in section 42-1-102 (112), that is not a motor vehicle, and that uses electrical power in whole or in part for propulsion.

(5) "Electric motor vehicle" means a battery electric motor vehicle, a hydrogen fuel cell motor vehicle, or a plug-in hybrid electric motor vehicle.

(6) "Electric motor vehicle charging infrastructure" means electric vehicle charging systems and other electrical equipment installed on site to support electric motor vehicle charging including but not limited to battery energy storage systems.

(7) "Enterprise" means the community access enterprise created in section 24-38.5-303 (1).

(8) "Fund" means the community access enterprise fund created in section 24-38.5-303 (5).

(9) "Heavy-duty electric motor vehicle" means an electric motor vehicle that has a gross vehicle weight rating, as defined in section 42-2-402 (6), of greater than twenty-six thousand pounds.

(10) "Hydrogen fuel cell motor vehicle" means a motor vehicle that is powered by electricity produced from a fuel cell that uses hydrogen gas as fuel.

(11) "Inflation" means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before the state fiscal year for which an inflation adjustment to be made to the community access retail delivery fee imposed pursuant to section 24-38.5-303 (7) begins.

(12) "Light-duty electric motor vehicle" means an electric motor vehicle that has a gross vehicle weight rating, as defined in section 42-4-402 (6), of not more than ten thousand pounds.

(13) "Medium-duty electric motor vehicle" means an electric motor vehicle that has a gross vehicle weight rating, as defined in section 42-4-402 (6), of more than ten thousand pounds and not more than twenty-six thousand pounds.

(14) "Motor vehicle" has the meaning set forth in section 42-1-102 (58). The term does not include a personal delivery device.

(15) "Personal delivery device" means an autonomously operated robot that is:

(a) Designed and manufactured for the purpose of transporting tangible personal property primarily on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians;

(b) Weighs no more than five hundred fifty pounds, excluding any tangible personal property being transported; and

(c) Operates at speeds of less than ten miles per hour when on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians.

(16) "Plug-in hybrid electric motor vehicle" means a motor vehicle that is powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine.

(17) "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e).

(18) "Retailer" has the same meaning as set forth in section 39-26-102 (8).

(19) Repealed.

(20) "Tangible personal property" has the same meaning as set forth in section 39-26-102 (15).

(21) "Transportation network company" has the same meaning as set forth in section 40-10.1-602 (3).

(22) "Transportation network company driver" has the same meaning as set forth in section 40-10.1-602 (4).

(23) "Transportation network company services" has the same meaning as set forth in section 40-10.1-602 (6).
C.R.S. § 24-75-908 — CO Code / Title 24 / Article 75 / Part 9 / Section 24-75-908
24-75-908. Execution of notes
Status: in_force

24-75-908. Execution of notes. (1) The notes shall be signed on behalf of the state by the state treasurer and countersigned by the controller, and the seal of the state treasurer shall be affixed thereto; except that no such signatures or seal shall be required if the notes are issued in book entry form pursuant to section 24-75-907 (1). The resolution authorizing the issuance of the notes may provide that the notes may be authenticated prior to delivery by the authorized representative of the registrar, paying agent, or depository.

(2) Pursuant to article 55 of title 11, C.R.S., any signature required by subsection (1) of this section may be a facsimile signature imprinted, engraved, stamped, or otherwise placed on the notes. If all signatures of public officials on the notes are facsimile signatures, provision shall be made for a manual authenticating signature on the notes by or on behalf of a designated authenticating agent. If an official ceases to hold office before delivery of the notes signed by such official, the signature or facsimile signature of the official is nevertheless valid and sufficient for all purposes. A facsimile of the seal of the state treasurer may be imprinted, engraved, stamped, or otherwise placed on the notes.
C.R.S. § 24-21-602 — CO Code / Title 24 / Article 21 / Part 6 / Section 24-21-602
24-21-602. Definitions
Status: repealed

24-21-602. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Bingo" means:

(a) A strip bingo game; or

(b) A game of chance played, with or without the aid of an electronic device, for prizes using cards or sheets containing five rows of five squares bearing numbers, except for the center square, which is a free space. Traditional bingo also requires that the letters "B I N G O" appear in order over each column. The holder of a card or sheet matches the numbers on such card or sheet to numbers randomly drawn. The game is won when a previously designated arrangement of numbers on such card or sheet is covered.

(2) "Bingo aid computer system" means a computer system that interfaces with and controls the use of electronic devices used as aids in the game of bingo.

(3) "Bingo-raffle licensee" means any qualified organization to which a bingo-raffle license has been issued by the licensing authority.

(4) "Bingo-raffle manufacturer" means a person, other than a bingo-raffle licensee, who makes, assembles, produces, or otherwise prepares pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other equipment or parts thereof for games of chance. "Bingo-raffle manufacturer" does not include a person who prints raffle tickets, other than pull tabs, for and at the request of a bingo-raffle licensee.

(5) "Bingo-raffle supplier" means a person, other than a bingo-raffle licensee, who sells, distributes, or otherwise furnishes pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other games of chance equipment. "Bingo-raffle supplier" does not include a person who prints raffle tickets, other than pull tabs, for and at the request of a bingo-raffle licensee.

(5.5) Repealed.

(6) "Board" means the Colorado charitable gaming board created in section 24-21-630.

(7) "Card" means either a disposable and nonreusable paper bingo card identified by color, serial number, and card number, or a reusable bingo card intended for repeated use, including but not limited to a hard card or shutter card. "Card" does not include an electronic representation or electronic image of a bingo card.

(8) "Charitable gaming" means bingo, pull tab games, and raffles.

(9) "Charitable organization" means any organization, not for pecuniary profit, that is operated for the relief of poverty, distress, or other condition of public concern within this state and that has been so engaged for five years prior to making application for a license under this part 6.

(10) "Chartered branch or lodge or chapter of a national or state organization" means any such branch or lodge or chapter that is a civic or service organization, not for pecuniary profit, and authorized by its written constitution, charter, articles of incorporation, or bylaws to engage in a fraternal, civic, or service purpose within this state and that has been so engaged for five years prior to making application for a license under this part 6.

(11) "Commercial bingo facility" means premises rented by a bingo-raffle licensee for the purpose of conducting games of chance.

(12) "Commercial landlord" means any person renting or offering to rent a commercial bingo facility to any bingo-raffle licensee.

(13) "Deal" means each separate package or series of packages of pull tabs with the same name, form number, and serial number.

(14) "Dues-paying membership" means those members of an organization who pay regular monthly, annual, or other periodic dues or who are excused from paying such dues by the bylaws, articles of incorporation, or charter of the organization and those who contribute voluntarily to the corporation or organization to which they belong for the support of such corporation or organization.

(15) "Educational organization" means any organization within this state, not organized for pecuniary profit, whose primary purpose is educational in nature and designed to develop the capabilities of individuals by instruction and that has been in existence for five years prior to making application for a license under this part 6.

(16) "Equipment" means: With respect to bingo or lotto, the receptacle and numbered objects drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them, the board or signs, however operated, used to announce or display the numbers or designations as they are drawn, public address system, and all other articles essential to the operation, conduct, and playing of bingo or lotto; or, with respect to raffles, implements, devices, and machines designed, intended, or used for the conduct of raffles and the identification of the winning number or unit and the ticket or other evidence or right to participate in raffles. "Equipment" includes electronic devices used as aids in the game of bingo.

(17) "Exempt organization" means an organization:

(a) That is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1954", as amended;

(b) Of the type commonly known as a community chest, which organizes and carries out intensive, limited-time, and community-wide fund drive campaigns by volunteer workers soliciting charitable contributions from a broad base of citizens and businesses in the community with the objective of providing financial support to other organizations that are exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1954", as amended, and that provides charitable, educational, civic, health, or human services within the same community and that has the further objective of minimizing the necessity for multiple, overlapping, and competing fund drives by such recipient organizations to enable them to deliver such services;

(c) That assists in acquiring noncash prizes donated by participating private businesses or government agencies as an ancillary means of creating interest in a charitable fund-raising drive held by such business or agency;

(d) That collects voluntary contributions and distributes more than eighty percent of such contributions to other organizations that are exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1954", as amended, and that provide charitable, educational, civic, health, or human services;

(e) On behalf of whose fund-raising drives drawings are held by participating private businesses or government agencies, which drawings are open only to the employees of such businesses or agencies and are not open to the general public;

(f) Whose fund-raising drives are jointly planned and managed by the participating private businesses and government agencies; and

(g) Whose fund-raising drives include only the awarding of noncash prizes by the participating private businesses or government agencies.

(18) "Fraternal organization" means any organization within this state, including college and high school fraternities, not for pecuniary profit, that is a branch, lodge, or chapter of a national or state organization and exists for the common business, brotherhood, or other interests of its members and that has so existed for five years prior to making application for a license under this part 6. "Fraternal organization" also includes a graduate or alumni division or branch of a college fraternity, which division or branch holds a charter issued by the state of Colorado and that meets all other criteria set forth in this subsection (18). As used in this subsection (18), "fraternity" includes a sorority.

(19) "Game of chance" means that specific kind of game of chance commonly known as bingo or lotto in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and that specific kind of game of chance commonly known as raffles that is conducted by drawing for prizes or the allotment of prizes by chance, by the selling of shares or tickets or rights to participate in such a game.

(20) "Gross receipts" means receipts from the sale of shares, tickets, or rights in any manner connected with participation in a game of chance or the right to participate therein, including any admission fee or charge, the sale of equipment or supplies, the sale or lease of electronic devices used as aids in the game of bingo, and all other miscellaneous receipts.

(21) "Labor organization" means any organization, not for pecuniary profit, within this state that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work and that has existed for such purpose and has been so engaged for five years prior to making application for a license under this part 6.

(22) "Landlord licensee" means the holder of a current, valid commercial landlord license.

(23) "Lawful purposes" means the lawful purposes of organizations permitted to conduct games of chance, as provided in section 2 of article XVIII of the state constitution.

(24) "Lawful use" means the devotion of the entire net proceeds of a game of chance exclusively to lawful purposes.

(25) "License" means any license or certification issued by the licensing authority pursuant to this part 6, including, without limitation, the certification of a games manager pursuant to section 24-21-610.

(26) "Licensed agent" means an individual who holds a current, valid agent's license for a bingo-raffle manufacturer or supplier.

(27) "Licensee" means the holder of any license or certification issued by the licensing authority pursuant to this part 6. "Licensee" includes the former holder of such license or certification for purposes of investigation of activities that took place during the period in which such license or certification was effective.

(28) "Licensing authority" means the secretary of state or his or her duly authorized deputy.

(29) "Manufacturer's agent" means an individual who represents a manufacturer in any of its activities in connection with the presales, driver sales, or distribution with excess stock of pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other games of chance equipment; except employees of commercial delivery services.

(30) "Manufacturer licensee" means the holder of a current, valid Colorado manufacturer license.

(31) "Member" means an individual who has qualified for membership in a qualified organization pursuant to its bylaws, articles of incorporation, charter, rules, or other written statement.

(32) "Net proceeds" means the receipts less such expenses, charges, fees, and deductions as are specifically authorized under this part 6.

(33) "Occasion" means a single gathering or session at which a series of successive bingo games is played.

(34) "Person" means a natural person, firm, association, corporation, or other legal entity.

(35) "Premises" means any room, hall, enclosure, or outdoor area used for the purpose of playing a game of chance.

(36) "Pull tab game" means a type of game of chance commonly known as a pickle, break-open, jar raffle, last sale ticket, or seal card for which tickets are preprinted with markings distinguishing winners and nonwinners, each ticket so made that its markings and winning or nonwinning status cannot be known or revealed until the ticket is broken or torn apart.

(37) (a) "Qualified organization" means any bona fide chartered branch, lodge, or chapter of a national or state organization or any bona fide religious, charitable, labor, fraternal, educational, voluntary firefighters', or veterans' organization operating without profit to its members that has been in existence continuously for a period of five years immediately prior to the making of an application for a license under this part 6 and that has had, during the entire five-year period, a dues-paying membership engaged in carrying out the objects of said corporation or organization.

(b) "Qualified organization" includes, without limitation:

(I) A political party; and

(II) The Colorado state fair authority.

(38) "Raffle" means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random method as determined by rules of the licensing authority, or a pull tab ticket as described in subsection (36) of this section. The term "raffle" does not include any activity that is authorized or regulated by the state lottery division pursuant to article 40 of title 44 or the "Limited Gaming Act of 1991", article 30 of title 44.

(39) "Religious organization" means any organization, church, body of communicants, or group, not for pecuniary profit, gathered in common membership for mutual support and edification in piety, worship, and religious observances or a society, not for pecuniary profit, of individuals united for religious purposes at a definite place, which organization, church, body of communicants, group, or society has been so gathered or united for five years prior to making application for a license under this part 6.

(40) "Sheet" means a leaf of paper upon which is printed one or more disposable bingo cards.

(40.5) "Strip bingo game" means a type of bingo that is played with a paper strip card of up to five connected paper bingo faces, with each bingo face containing a concealed grouping of preprinted symbols, free spaces, and numbers ranging from one to seventy-five.

(41) "Supplier's agent" means an individual who represents a bingo-raffle supplier in the course of the bingo-raffle supplier's presales, driver sales, or distribution with excess bingo-supplier stock, electronic devices used as aids in the game of bingo, or chance equipment on hand; except that the term does not include employees of commercial delivery services.

(42) "Supplier licensee" means the holder of a current, valid Colorado supplier license.

(43) "Veterans' organization" means any organization within this state or any branch, lodge, or chapter of a national or state organization within this state, not for pecuniary profit, the membership of which consists of individuals who were members of the armed services or forces of the United States, that has been in existence for five years prior to making application for a license under this part 6.

(44) "Voluntary firefighters' organization" means any organization within this state, not for pecuniary profit, established by the state or any of its political subdivisions that has been in existence for five years prior to making application for a license under this part 6.
C.R.S. § 24-21-510 — CO Code / Title 24 / Article 21 / Part 5 / Section 24-21-510
24-21-510. Notarial act in this state
Status: in_force

24-21-510. Notarial act in this state. (1) A notarial act may be performed in this state by:

(a) A notary public of this state;

(b) A judge, clerk, or deputy clerk of a court of this state; or

(c) Any other individual authorized to perform the specific act by the law of this state.

(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act.
C.R.S. § 24-82-501 — CO Code / Title 24 / Article 82 / Part 5 / Section 24-82-501
24-82-501. Short title
Status: in_force

24-82-501. Short title. This part 5 shall be known and may be cited as the "Solar Energy Research and Development Act of 1977".
C.R.S. § 24-31-114 — CO Code / Title 24 / Article 31 / Part 1 / Section 24-31-114
24-31-114. No-knock and forced entry study group - repeal
Status: repealed

24-31-114. No-knock and forced entry study group - repeal. (Repealed)
C.R.S. § 24-51-1704 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1704
24-51-1704. Service credit
Status: in_force

24-51-1704. Service credit. (1) "Accredited service", as used in the determination of benefits, allowed or allowable, shall include the following:

(a) Subject to the express limitations in this section, all periods of employment with the district or with a charter school as a regular employee for which the employee received or receives payments in accordance with annual compensation.

(b) All periods of employment with the district or with a charter school as a casual employee prior to the effective date of retirement for which the employee received or receives wages or salary from the district; except that no period of employment as a casual employee shall be counted as accredited service if such employee during such period is also a regular employee.

(c) Leaves of absence or permitted absences commencing prior to July 1, 1962, as governed by the DPS plan document.

(d) Leaves of absence or permitted absences commencing on or after July 1, 1962, under the following conditions:

(I) A leave of absence for service in the United States armed forces, study, travel, or research shall count as accredited service if the entire period of said leave qualifies as contributing service.

(II) If said leave is a sabbatical leave or a leave for restoration of health on a half-salary basis and if the normal contribution is based on the full annual compensation of the member and the leave qualifies as contributing service, then the entire period of such leave shall count as accredited service. If, however, the normal contribution is based only on a fraction of the annual compensation, then said fraction shall be multiplied by the total period of such leave to determine the portion of the leave that shall count as accredited service.

(III) (A) Notwithstanding any other provision of this subparagraph (III), an absence due to a temporary total disability compensable in accordance with the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., shall be deemed accredited service only in accordance with the provisions of this sub-subparagraph (A).

(B) The portion of an absence due to a temporary total disability for which the employee is compensated by the district in accordance with its policies pertaining thereto from time to time shall be considered accredited service. If, however, the normal contribution is based only on a fraction of the annual compensation, then the fraction shall be multiplied by the total period of such leave to determine the portion of the leave that shall count as accredited service.

(C) The portion of an absence due to a temporary total disability for which the employee is not compensated in the manner provided in sub-subparagraph (B) of this subparagraph (III) but for which the employee receives workers' compensation shall be considered accredited service only if qualified as such within the earlier of two years after the employee's return to work full time or thirty days prior to the effective date of the employee's retirement. Such qualification shall be accomplished by payment into the DPS plan of an amount equal to the normal contributions and pension assessments, together with interest as calculated, and within the time limits determined by the association board and computed as of the date the agreement to pay is made, for the portion of the absence covered by this sub-subparagraph (C) in accordance with subparagraph (VI) of this paragraph (d).

(D) This subparagraph (III) shall become effective on January 1, 1986, and shall apply to absences covered by its terms that begin on or after that date.

(IV) No portion of a period of absence for illness where said period exceeds fifteen consecutive working days, for which period no payments in accordance with the employee's annual compensation were made, shall count as accredited service.

(V) Any other type of permitted absence not specified in this section may not be counted as accredited service unless the board of education, at the time such permitted absence is authorized, specifies that the time spent on such permitted absence shall be counted as accredited service for purposes of this retirement plan, subject to the requirement that the entire period of said absence shall qualify as contributing service. Notwithstanding this subparagraph (V), any such absence which is less than sixteen consecutive working days shall be counted as accredited service.

(VI) The normal contribution for all permitted absences other than those compensated in any way by the district shall be based upon the annual compensation in effect immediately prior to the date of commencement of such absence.

(VII) Service accrual for all permitted absences shall be consistent with service accruals that were allowed under this retirement plan immediately preceding the permitted absence. This shall include, without limitation, the retirement plan and associated rule definitions and provisions applicable to service accrual for job-sharing assignments as of any given date.

(e) Leaves of absences or permitted absence commencing on or after January 1, 1980, which can qualify as accredited service in accordance with this subsection (1), must be qualified as contributing service within two years from the date the employee returns to work. On and after January 1, 1998, leaves of absence that are qualified as contributing service shall be qualified in accordance with provisions of the DPS plan document.

(f) A person employed in a job-sharing assignment shall receive earned service accruals appropriate to reduce such service to its equivalent in full-time service.

(g) A leave of absence granted to an employee to allow that employee to work in a charter school shall not count as accredited service unless the period of time spent in charter school employment is covered as contributing or affiliate membership, in which case the service shall be covered pursuant to the requirements of such membership.
C.R.S. § 24-51-1102 — CO Code / Title 24 / Article 51 / Part 11 / Section 24-51-1102
24-51-1102. Reduction of a service retirement benefit - disclosure of service agreements by
Status: in_force

24-51-1102. Reduction of a service retirement benefit - disclosure of service agreements by employers - definitions. (1) Except as otherwise provided in part 17 of this article, employment of a retiree by an employer, whether or not in a position subject to membership, that exceeds the daily or hourly calendar year limits stated in section 24-51-1101 (1) shall result in a reduction of the benefit of such retiree by five percent per day for any part of a day that exceeds said limits. Any reduction of benefits pursuant to the provisions of this subsection (1) that exceeds one hundred percent of the benefit shall be carried forward to reduce future months' benefits.

(2) Employment of a retiree by an employer, whether or not in a position subject to membership, that occurs during the month of the effective date of retirement shall result in a reduction of the benefit of such retiree by five percent per day for any part of a day that the retiree works during such month. Any reduction of benefits pursuant to the provisions of this subsection (2) that exceeds one hundred percent of the benefit shall be carried forward to reduce future months' benefits.

(3) Each employer shall provide a copy to the association of any tax-related information on its employees or other individuals or firms whereby the employer receives services in any form, pursuant to rules promulgated by the association. In addition, each employer shall provide a copy to the association of any agreement, contract, letter of understanding, or other arrangement whereby the employer will receive services in any form, upon request by the association.

(4) For purposes of subsections (1) and (2) of this section, "employment" shall be determined by the association consistent with the internal revenue service's guidance in revenue ruling 87-41, 1987 - 1 C.B. 296, as revised from time to time.
C.R.S. § 24-50-136 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-136
24-50-136. Persons brought into the personnel system
Status: in_force

24-50-136. Persons brought into the personnel system. (1) Whenever a person currently or previously employed by the state of Colorado, not within the state personnel system, enters or is brought into the state personnel system, the person shall be credited with his or her former state service for purposes of accumulated leave, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system. Previous employment with the state shall include any period of employment for which an officer or employee received compensation not limited solely to expense reimbursement. Credit for previous state employment shall not be given for temporary employment, including student employment at an institution of higher education or the Auraria higher education center established in article 70 of title 23, C.R.S., or service as a member of a part-time board or commission.

(2) Whenever, by reason of constitutional amendment, legislative enactment, executive order, or action of an executive department functions outside state government are assumed by state government, persons performing such functions shall be credited with the years of service in their former positions for purposes of accumulated leave, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system.

(3) Whenever employees enter the state personnel system from political subdivisions of the state with merit systems similar to the state personnel system as a result of a formal arrangement with that merit system, the state personnel director shall, by rule adopted in accordance with article 4 of this title, establish rates and conditions of accumulated leave carry-over, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system. Such rates and conditions shall fairly recognize the employees' prior employment and provide a recruitment incentive to those persons who might benefit state government.
C.R.S. § 24-48.5-604 — CO Code / Title 24 / Article 48.5 / Part 6 / Section 24-48.5-604
24-48.5-604. Small business recovery and resiliency loan program oversight board - creation -
Status: repealed

24-48.5-604. Small business recovery and resiliency loan program oversight board - creation - report. (1) The small business recovery and resiliency loan program oversight board is hereby created in the division of business funding and incentives within the office to help establish and oversee the terms and conditions of a contract or contracts through which the office may provide first loss capital to a loan program or the Colorado credit reserve. This section does not prohibit a loan program manager of a specific loan program or the Colorado credit reserve from establishing a separate investment advisory committee for that loan program.

(2) (a) The oversight board consists of five members, as follows:

(I) The state treasurer or the state treasurer's designee;

(II) The director of the minority business office created in section 24-49.5-102, on behalf of the office of economic development, or the director's designee;

(III) One member appointed by the speaker of the house of representatives;

(IV) One member appointed by the president of the senate; and

(V) One member appointed by the governor.

(b) The appointing authorities shall make their initial appointments to the oversight board no later than July 31, 2020.

(c) The members appointed pursuant to subsection (2)(a) of this section must have substantial private sector experience in commercial banking or capital market activities and must have obtained executive-level positions in these industries.

(d) The chair of the governor's council on economic stabilization and growth and the co-chairs of the council's financial services committee shall consult with and provide recommendations on initial appointments to the appointing authorities.

(3) Each member of the oversight board who is appointed pursuant to subsection (2) of this section serves at the pleasure of the official who appointed the member. The term of appointment is three years. An appointed member may serve multiple terms. In the event of a vacancy in an appointed position on the oversight board, a new member must be appointed in the same manner as provided in subsections (2)(a)(III) to (2)(a)(V) of this section for the unexpired portion of the term.

(4) Each member of the oversight board serves without compensation but is entitled to reimbursement for actual, reasonable, and necessary expenses incurred in the performance of the member's duties on the oversight board.

(5) The state treasurer, or the state treasurer's designee, serves as the chair of the oversight board.

(6) The oversight board shall meet at least once every quarter. The chair may call such additional meetings as are necessary for the oversight board to complete its duties.

(7) The oversight board is a state public body subject to part 4 of article 6 of this title 24. In addition to any other requirements, the oversight board shall hold meetings open to the public, publish the agenda for each meeting in advance, keep and publish minutes from each meeting, provide advance notification of meeting times to banking trade associations and other groups that request notification, and receive written and public testimony at each meeting.

(8) The oversight board's activities with regard to a contract or contracts for the provision of state money for a loan program established in accordance with section 24-48.5-605 include, at a minimum:

(a) Consulting with the office and the division of business funding and incentives within the office on the selection of a loan program manager;

(b) In consultation with lending industry leaders and representatives of small businesses, determining specific terms applicable to a loan program as required in section 24-48.5-605, which terms must be designed in good faith to procure the participation of lending institutions and be consistent with regulatory requirements and underwriting criteria, including the duration of the geographic restriction of money in a loan program;

(c) Providing guidance and input throughout the implementation of a loan program;

(d) Establishing and publishing targets for the percentage of loans supported by a loan program that are made to businesses owned by women, minorities, and veterans and to businesses located in rural counties. In establishing the targets required by this subsection (8)(d), the oversight board shall consult with the minority business office within the office of the governor and with the division of business funding and incentives within the office.

(e) Regularly reviewing progress in achieving the targets established pursuant to subsection (8)(d) of this section and making adjustments to a loan program to help achieve the targets if needed; and

(f) Providing such additional oversight and creating policies and procedures as may be necessary to ensure that the program complies with the requirements of this part 6 and fulfills its purposes of supporting the state's recovery from the COVID-19 pandemic by assisting Colorado small businesses in recovering from the crisis caused by COVID-19 and of ensuring resiliency among small businesses as new challenges emerge.

(9) The oversight board shall consult with small businesses in establishing the criteria for eligible borrowers pursuant to section 24-48.5-603 (4).

(10) The oversight board shall adopt a conflict of interest policy for its members to prevent those who serve on the board from profiting or otherwise benefiting from eligible loans.

(11) A member of the oversight board may assist in raising money or investments for a loan program without compensation.

(12) (a) The oversight board shall submit a written report on the implementation of the loan program to the joint budget committee. The oversight board shall submit its first report on or before November 30, 2020, and shall submit the report each six months thereafter for a period of two years. After the report submitted November 30, 2022, the oversight board shall submit the report annually, on or before November 30 of each year. The oversight board shall also submit the report once each year in fiscal years 2020-21 and 2021-22 to the business affairs and labor committee of the house of representatives and the business, labor, and technology committee of the senate, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (11) continues until this section is repealed.

(b) The report must include, at a minimum, information on the following:

(I) The number and size of loans made;

(II) The geographic distribution of loans made;

(III) The distribution of loans made by business sector;

(IV) The demographics of the owners of the businesses receiving loans, including the number of businesses owned by women, minorities, and veterans;

(V) The number of loans made to rural businesses;

(VI) The size of the businesses receiving loans;

(VII) The number of people employed by the businesses receiving loans;

(VIII) Distributions or revenue received by the state from the program;

(IX) The financial performance of the fund;

(X) The default rates for loans made by the program;

(XI) Borrower interest rates on the loans and an explanation of how the rates comply with the requirements of section 24-48.5-605 (4)(b)(V); and

(XII) Any other information requested by the chair of the joint budget committee, or by the business affairs and labor committee of the house of representatives or the business, labor, and technology committee of the senate, or any successor committees.

(c) The oversight board shall make a presentation to a joint meeting of the business affairs and labor committee of the house of representatives and the business, labor, and technology committee of the senate, or any successor committees, at least once each fiscal year or more often if requested by the chairs of the committees.

(13) (Deleted by amendment, L. 2024).
C.R.S. § 24-51-913 — CO Code / Title 24 / Article 51 / Part 9 / Section 24-51-913
24-51-913. Payment upon termination of survivor benefits
Status: in_force

24-51-913. Payment upon termination of survivor benefits. (1) Upon termination of survivor benefits as specified in section 24-51-912 prior to the association's having paid survivor benefits equal to the total of the amount of moneys credited to the member contribution account of the member and matching employer contributions, any remaining moneys shall be paid in the following order:

(a) To the named beneficiaries;

(b) To the estate of the member if no named beneficiaries specified in paragraph (a) of this subsection (1) exist.
C.R.S. § 24-51-411 — CO Code / Title 24 / Article 51 / Part 4 / Section 24-51-411
24-51-411. Amortization equalization disbursement
Status: in_force

24-51-411. Amortization equalization disbursement. (1) Beginning January 1, 2006, each employer shall deliver to the association an amortization equalization disbursement and, beginning January 1, 2008, a supplemental amortization equalization disbursement pursuant to the same procedures specified for employer contributions in section 24-51-401 (1.7).

(2) For the calendar year beginning January 1, 2006, the amortization equalization disbursement shall be one-half of one percent of the employer's total payroll. The amortization equalization payment shall increase by one-half of one percent of total payroll on January 1, 2007, and, subject to subsection (4) of this section, shall increase by four-tenths of one percent of total payroll at the start of each of the calendar years following 2007 through 2012. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, pursuant to section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, or who were eligible to elect to become members of the association on or after January 1, 2006, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2). Beginning January 1, 2010, employers of the Denver public schools division shall pay the then-applicable accumulated rate of amortization equalization disbursement and the escalating rate in accordance with the provisions of this section.

(3) For the calendar year beginning January 1, 2013, for employers in the school and Denver public schools divisions, the amortization equalization disbursement payment shall increase by four-tenths of one percent of total payroll at the start of each of the calendar years through 2015. For the calendar year 2016, for employers in the school and Denver public schools divisions, the amortization equalization disbursement payment shall increase by three-tenths of one percent of total payroll at the start of the 2016 calendar year. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, pursuant to section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, or who were eligible to elect to become members of the association on or after January 1, 2006, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2).

(3.5) For the calendar year beginning January 1, 2013, for employers in the state division, the amortization equalization disbursement payment shall increase by four-tenths of one percent of total payroll at the start of each of the calendar years through 2017. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, pursuant to section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, or who were eligible to elect to become members of the association on or after January 1, 2006, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2).

(4) For employers in the local government division and the judicial division, the amortization equalization disbursement shall not exceed the 2010 calendar year rates unless the rates are required to increase in accordance with subsection (4.5) or (9) of this section.

(4.5) For the calendar year beginning January 1, 2019, for the employers in the judicial division, the amortization equalization disbursement payment shall be three and four-tenths percent of the employer's total payroll. The amortization equalization disbursement payment for employers in the judicial division shall increase by four-tenths of one percent of total payroll on January 1, 2020, and shall increase by four-tenths of one percent of total payroll at the start of each of the calendar years following 2020 through 2023. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, as defined in section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2).

(5) For the calendar year beginning January 1, 2008, the supplemental amortization equalization disbursement shall be one-half of one percent of the employer's total payroll. The supplemental amortization equalization disbursement, subject to subsection (7) of this section, shall increase by one-half of one percent of total payroll on January 1 of each year following 2008 through 2013. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, pursuant to section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, or who were eligible to elect to become members of the association on or after January 1, 2006, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2). Beginning on January 1, 2010, employers of the Denver public schools division shall pay the then-applicable accumulated rate of supplemental amortization equalization disbursement and the escalating rate in accordance with the provisions of this section.

(6) For the calendar year beginning January 1, 2014, for employers in the school and Denver public schools divisions, the supplemental amortization equalization disbursement payment shall increase by one-half of one percent of total payroll at the start of each of the calendar years through 2018. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, pursuant to section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, or who were eligible to elect to become members of the association on or after January 1, 2006, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2).

(6.5) For the calendar year beginning January 1, 2014, for employers in the state division, the supplemental amortization equalization disbursement payment shall increase by one-half of one percent of total payroll at the start of each of the calendar years through 2017. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, pursuant to section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, or who were eligible to elect to become members of the association on or after January 1, 2006, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2).

(7) For employers in the local government division and the judicial division, the supplemental amortization equalization disbursement shall not exceed the 2010 calendar year rates unless the rates are required to increase in accordance with subsection (7.5) or (9) of this section.

(7.5) For the calendar year beginning January 1, 2019, for the employers in the judicial division, the supplemental amortization equalization disbursement payment shall be three and four-tenths percent of the employer's total payroll. The supplemental amortization equalization disbursement payment for employers in the judicial division shall increase by four-tenths of one percent of total payroll on January 1, 2020, and shall increase by four-tenths of one percent of total payroll at the start of each of the calendar years following 2020 through 2023. For purposes of this section, the employer's total payroll shall be calculated by applying the definition of salary, as defined in section 24-51-101 (42), to the payroll for all employees working for the employer who are members of the association, including any amounts paid in connection with the employment of a retiree by an employer pursuant to section 24-51-1101 (2).

(8) The amortization equalization disbursement and the supplemental amortization equalization disbursement payments by employers in the state, school, and Denver public schools divisions shall continue at the rate specified in subsections (3), (3.5), (6), and (6.5) of this section until adjusted pursuant to this subsection (8). When the actuarial funded ratio of the state, school, or Denver public schools division of the association, based on the actuarial value of assets, is at or above one hundred three percent as determined in the annual actuarial study of the association, the amount of the amortization equalization disbursement and supplemental amortization equalization disbursement shall be reduced, in equal parts, for that particular division by one-half of one percent each. If the actuarial funded ratio of the division based on the actuarial value of assets reaches one hundred three percent and subsequently the actuarial funded ratio of the division is below ninety percent, the amortization equalization disbursement and supplemental amortization equalization disbursement shall be increased by one-half of one percent each; except that, at no time shall the amortization equalization disbursement for the school and Denver public schools divisions exceed four and one-half percent or for the state division exceed five percent nor shall the supplemental amortization equalization disbursement for the school and Denver public schools divisions exceed five and one-half percent each or for the state division exceed five percent.

(9) The amortization equalization disbursement and the supplemental amortization equalization disbursement payments by employers in the local government division shall continue at the rate specified in subsections (4) and (7) of this section until adjusted pursuant to this subsection (9). The amortization equalization disbursement and the supplemental amortization equalization disbursement payments by employers in the judicial division shall continue at the rates specified in subsections (4), (4.5), (7), and (7.5) of this section until adjusted pursuant to this subsection (9). When the actuarial funded ratio of the local government division or judicial division of the association, based on the actuarial value of the assets, is at or above one hundred three percent as determined in the annual actuarial study of the association, the amount of the amortization equalization disbursement and supplemental amortization equalization disbursement shall be reduced for employers in that particular division by one-half of one percent each. If the actuarial funded ratio of the division based on the actuarial value of the assets reaches ninety percent and subsequently the actuarial funded ratio of the division is below ninety percent, the amortization equalization disbursement and supplemental amortization equalization disbursement shall be increased by one-half of one percent each; except that, at no time shall the amortization equalization disbursement or the supplemental amortization equalization disbursement exceed five percent each.

(10) For state employers in the state division, for the 2007-08 state fiscal year and for each fiscal year through the 2016-17 state fiscal year, from the amount of changes to state employees' salaries and any adjustments to the annual general appropriation act pursuant to section 24-50-104, an amount equal to one-half of one percent of total salary shall be deducted and such amount shall be utilized by the employer to fund the supplemental amortization equalization disbursement. For the school, local government, judicial, and Denver public schools divisions, and the remaining employers in the state division who are not state employers, the supplemental amortization equalization disbursement shall, to the extent permitted by law, be funded by allocation of funds otherwise available for use as employee compensation increases prior to award as salary or other compensation to employees.

(11) Moneys made available due to any reduction in the supplemental amortization equalization disbursement pursuant to subsection (8) or (9) of this section, whichever is applicable, shall, to the extent permitted by law, be allocated to employee compensation increases to the extent such source was originally used by an employer to fund the supplemental amortization equalization disbursement.
C.R.S. § 24-60-2404 — CO Code / Title 24 / Article 9 / Part 24 / Section 24-60-2404
24-60-2404. Contents of compact
Status: in_force

24-60-2404. Contents of compact. (1) Any compact entered into by the department of human services pursuant to this part 24 shall contain the following general provisions:

(a) A provision making it available for joinder by all states;

(b) A provision or provisions for withdrawal from the compact upon written notice to the parties, with the effective date of withdrawal one year after the date of notice of withdrawal;

(c) A requirement that, upon withdrawal from the compact, the protections afforded by or pursuant to the compact by the withdrawing residence state continue in force for the duration of the adoption assistance for all special needs children and their adoptive parents who, on the effective date of withdrawal, are receiving adoption assistance or payments in subsidization of adoption from an adoption assistance state which is a party to the compact;

(d) (I) A requirement that each instance of adoption assistance or payments in subsidization of adoption to which the compact applies be authorized by a written adoption assistance agreement between the adoptive parents and the state child welfare agency of the adoption assistance state; and

(II) A requirement that any adoption assistance agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the adoption assistance state;

(e) Such other provisions as may be necessary to implement the administration of the compact.

(2) Any compact entered into by the department of human services pursuant to this part 24 shall contain and implement the following provisions regarding medical assistance:

(a) That a child with special needs who is residing in this state, who is the subject of an adoption assistance agreement with another state which is a party to the compact, shall be entitled to receive a medical assistance identification from this state upon filing with the department of health care policy and financing a certified copy of the adoption assistance agreement obtained from the adoption assistance state. The adoptive parents of such child shall be required at least annually to show that the agreement is still in force or has been renewed.

(b) That the department of health care policy and financing shall consider the holder of a medical assistance identification specified in paragraph (a) of this subsection (2) as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance pursuant to articles 4, 5, and 6 of title 25.5, C.R.S.;

(c) That the department of human services shall provide coverage and benefits for a child with special needs, who is in another state, and who is covered by an agreement to make payments in subsidization of adoption entered into by the department of human services pursuant to article 7 of title 26, C.R.S., which coverage and benefits are not provided by the residence state, if any. In addition, that the adoptive parents of such special needs child, acting for the child, may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor by the department of human services. However, the department of human services shall not make reimbursement for services or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or his adoptive parents. The additional coverages and benefit amounts specified in this paragraph (c) shall be for services for which no federal contribution is available, or which, if federally aided, are not provided by the residence state.

(d) That the submission of any claim for payment or reimbursement for services or benefits specified in this subsection (2), or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent shall be subject to the provisions of section 26-1-127, C.R.S.;

(e) That a child with special needs who is the subject of an adoption assistance agreement with this state, who is residing in another state which is a party to the compact, shall receive medical assistance from the residence state under the conditions specified in paragraphs (a) and (b) of this subsection (2).
C.R.S. § 24-65.5-104 — CO Code / Title 24 / Article 65.5 / Section 24-65.5-104
24-65.5-104. Enforcement - remedies
Status: in_force

24-65.5-104. Enforcement - remedies. (1) (a) If an applicant certifies to the local government that such applicant has complied with the notice requirements of section 24-65.5-103 and that no mineral estate owner has entered an appearance or filed an objection as provided in this article to the applicant and to the local government, after the final approval of the application for development, no development or related activities contemplated by such application, no permit or other approval by such local government, and no permit or other approval by any other local government or agency that approves or permits such development or related activities or any aspect thereof shall, except as provided in subparagraphs (I) and (II) of this paragraph (a), be rescinded, curtailed, abrogated, or otherwise restricted in connection with any purported noncompliance with the notice requirements of section 24-65.5-103 that may be alleged by any party. If the applicant complies with the publication and posting notice requirements of the local government reviewing its application for development, and if an applicant certifies that it has provided the required notice as provided in section 24-65.5-103 in a timely manner, mineral estate owners shall be deemed to have constructively received notice of the application for development. In such event, if the applicant otherwise complies with this article, the applicant shall not have any liability to a mineral estate owner for any legal or equitable remedy or relief arising from, in connection with, or otherwise relating to the application for development, any development activities commenced on the surface of the real property, any inability or impediment or other hindrance to drilling operations or other development of the mineral estate or any portion thereof, or any actual failure to receive any notice required by section 24-65.5-103 or 31-23-215, C.R.S., unless:

(I) The applicant knowingly and willfully provides a false certification with respect to the provision of notice, the existence of a surface use agreement, the designation of oil and gas operations areas, or the establishment of an escrow account as required by this article, in which case any local government approval of the application for development is null and void and all aggrieved parties shall have all legal and equitable remedies available to them;

(II) The certification by the applicant with respect to the provision of notice is incorrect due to the negligence of the applicant or its agent in identifying the mineral estate owners entitled to actual notice under this article, in which case a mineral owner entitled to actual notice that was not sent such notice in the manner required by section 24-65.5-103 is entitled to file an objection to the application for development at any time prior to the final approval of the application for development and to seek compensatory damages only thereafter, in accordance with paragraph (b) of this subsection (1); or

(III) A mineral estate owner, who received constructive notice only and did not enter an appearance or file an objection with the applicant and the local government within thirty days after the initial public hearing on the application for development, files suit for compensatory damages within one year after the posting of the property with a sign indicating that the application for development has received final approval by the local government.

(b) With respect to actions brought under subparagraph (II) or (III) of paragraph (a) of this subsection (1), a mineral estate owner may not recover special, punitive, or other extraordinary damages and is not entitled to equitable remedy or relief. The prevailing party in such action is entitled to an award of reasonable attorney fees.

(2) A mineral estate owner entitled to notice pursuant to section 24-65.5-103 has standing to enforce the requirements of that section, and, except as provided in this subsection (2) with respect to qualifying surface developments, has standing to make claims as may be available at law or equity for noncompliance. With respect to qualifying surface developments:

(a) A mineral estate owner has standing to move for the vacation of the final plat covering an area in which the mineral estate owner owns a mineral estate after depletion of the incremental drilling funds in an escrow account posted under section 24-65.5-103.7 in connection with the recording of such plat only to the extent of areas encompassed within commission-approved drilling windows, and upon the granting of such vacation by the local government has the right to conduct oil and gas drilling and production operations within such commission-approved drilling windows, if such mineral estate owner establishes to the satisfaction of the local government that there is no reasonable likelihood that the surface development approved in such plat will occur and if all other local government requirements for vacating the plat are met.

(b) If a mineral estate owner believes that the oil and gas operations area designated by the applicant for land in which such mineral estate owner owns a mineral estate does not satisfy the criteria specified in section 24-65.5-103.5, such person may register an objection with the local government within thirty days after the public hearing at which the oil and gas operations area is designated, and may appeal the designation to the district court having jurisdiction of the land covered by such application within thirty days after the decision of the local government with respect to such objection.
C.R.S. § 24-34-508 — CO Code / Title 24 / Article 34 / Part 5 / Section 24-34-508
24-34-508. Relief authorized
Status: in_force

24-34-508. Relief authorized. (1) In addition to the relief authorized by section 24-34-306 (9), the commission may order a respondent who has been found to have engaged in an unfair housing practice:

(a) To rehire, reinstate, and provide back pay to any employee or agent discriminated against because of his obedience to this part 5;

(b) To take affirmative action regarding the granting of financial assistance as provided in section 24-34-502 (1)(b) or the showing, sale, transfer, rental, or lease of housing;

(c) To make reports as to the manner of compliance with the order of the commission;

(d) To reimburse any person who was discriminated against for any fee charged in violation of this part 5 and for any actual expenses incurred in obtaining comparable alternate housing, as well as any storage or moving charges associated with obtaining such housing;

(e) To award actual damages suffered by the aggrieved person and injunctive or other equitable relief;

(f) To assess a civil penalty against the respondent in the following amounts:

(I) Not to exceed ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

(II) Not to exceed twenty-five thousand dollars if the respondent has been adjudged to have committed any other discriminatory housing practice during the five-year period ending on the date of the filing of the charge;

(III) Not to exceed fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.

(2) In addition to the relief authorized by the provisions of subsection (1) of this section, an individual with a disability who has suffered an unfair housing practice based on his or her disability is entitled to the relief set forth in section 24-34-802.
C.R.S. § 24-30-1404 — CO Code / Title 24 / Article 30 / Part 14 / Section 24-30-1404
24-30-1404. Contracts - definition
Status: in_force

24-30-1404. Contracts - definition. (1) The principal representative shall negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative determines in writing to be fair and reasonable. In making such decision, the principal representative shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the principal representative shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation to be paid by the state agency or state institution of higher education for the professional services are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the principal representative determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.

(2) If the principal representative is unable to negotiate a satisfactory contract with the person considered to be the most qualified at a price the principal representative determines to be fair and reasonable, negotiations with that person shall be formally terminated. The principal representative shall then undertake negotiations with the second most qualified person. If the principal representative fails to negotiate a contract with the second most qualified person, the principal representative shall formally terminate such negotiations. The principal representative shall then undertake negotiations with the third most qualified person.

(3) Upon completion of negotiations with the third most qualified person, the principal representative shall be allowed to enter into renegotiations with any or all of the three most qualified persons to arrive at a satisfactory contractual arrangement, if possible. The principal representative shall have the authority to reject all bids and restructure or redesign the proposed project.

(4) Each contract for professional services entered into by the principal representative shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, or professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract.

(5) Upon any violation of this section, the principal representative shall have the right to terminate the contract without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.

(6) Nothing in this part 14 shall be construed to prohibit continuing contracts between state agencies or state institutions of higher education and persons providing professional services. All selections, contracts, and negotiations undertaken pursuant to this part 14 and all processes and procedures in connection with such matters shall be in conformity with this part 14.

(7) (a) Except as provided in subsections (7)(b), (7)(c), (7)(e), (7)(f), (7)(g), and (7)(h) of this section, any professional services contract entered into pursuant to the provisions of this part 14 shall be executed and encumbered within six months after the date on which the appropriation that includes the project for which the professional services are required becomes law. If no professional services contract is required for a particular project, the contract with the contractor for the project shall be entered into within six months after the appropriation. If a state agency or state institution of higher education determines that the nature of a particular project is such that the deadlines imposed by this section cannot be met, the state agency or state institution of higher education may request the capital development committee to recommend to the controller that the deadline be waived for that project. The controller, in consultation with the capital development committee may grant a waiver from the deadlines. This subsection (7) shall not apply to projects under the supervision of the department of transportation. This subsection (7) shall not affect any priority established pursuant to section 44-40-111 (11) in the general appropriation act for expenditures for projects to be financed from net lottery proceeds appropriated for capital construction.

(b) The deadlines established in paragraph (a) of this subsection (7) shall apply to projects funded with net lottery proceeds, but the six-month period shall begin to run only when an agency receives a distribution from such proceeds for a particular project.

(c) This subsection (7) shall not apply to:

(I) Maintenance, repair, and improvement projects included in the capital construction section of the general appropriation act or in any supplemental appropriation act for the division of parks and wildlife in the department of natural resources;

(II) The acquisition of any easement by the division of parks and wildlife in the department of natural resources;

(III) Grants for off-highway vehicle trail purposes made pursuant to section 33-14.5-106, C.R.S.;

(IV) Projects included in the capital construction section of the general appropriation act for the hazardous materials and waste management division in the department of public health and environment, or in any supplemental appropriation act, which projects are listed as remediation pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., as amended, brownfields redevelopment, or natural resource damage repair, replacement, or restoration.

(d) The provisions of this subsection (7) shall not be construed to limit the authority of any state agency or state institution of higher education to amend a contract in order to provide for technical corrections, provision of unanticipated work, extensions of performance periods, or other modifications which are necessary to secure satisfactory completion of the work and provision of goods and services within the scope of the original contract.

(e) In the event that the governor restricts or delays the expenditure of moneys for a project for which a professional services contract is required pursuant to the authority granted the governor in section 24-75-201.5, the running of the six-month deadline imposed in paragraph (a) of this subsection (7) for such projects shall be tolled until such time as the restriction or delay is no longer in effect.

(f) In the event that an appropriation is made to a state agency or state institution of higher education for allocation to other state agencies or state institutions of higher education, the six-month period applies to the execution and encumbrance of a contract by the agency or institution receiving the allocation and begins to run from the date of the allocation by the agency or institution that received the original appropriation. Nothing in this paragraph (f) shall be construed to extend the duration of any appropriation.

(g) This subsection (7) shall not apply to:

(I) A capital construction project at a state institution of higher education that is to be constructed solely from cash funds held by the institution or federal funds made available for the project or a combination of the cash funds and the federal funds; or

(II) The state board of land commissioners, established in article 1 of title 36, C.R.S., in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, C.R.S., or the commercial real property operating fund created in section 36-1-153.7, C.R.S.

(h) The six-month deadline imposed by subsection (7)(a) of this section does not apply to information technology projects that are overseen by the joint technology committee pursuant to part 17 of article 3 of title 2. As used in this subsection (7)(h), "information technology" has the meaning provided in section 2-3-1701 (7).
C.R.S. § 24-32-907 — CO Code / Title 24 / Article 32 / Part 9 / Section 24-32-907
24-32-907. Injunctive relief
Status: in_force

24-32-907. Injunctive relief. The state director of housing may request the appropriate court to enjoin the sale or delivery of any camper trailer or camper coach upon an affidavit, specifying the manner in which the camper trailer or camper coach does not conform to the requirements of this part 9 or the rules and regulations promulgated pursuant to this part 9. The director may suspend the authority of a manufacturer to affix insignias while injunctive relief is being sought.
C.R.S. § 24-33.5-528 — CO Code / Title 24 / Article 33.5 / Part 5 / Section 24-33.5-528
24-33.5-528. Law enforcement workforce recruitment, retention, and tuition grant program - co
Status: repealed

24-33.5-528. Law enforcement workforce recruitment, retention, and tuition grant program - committee - fund - reports - repeal. (1) (a) There is created in the division the law enforcement workforce recruitment, retention, and tuition grant program, referred to in this section as the "program", to:

(I) Assist law enforcement agencies in addressing workforce shortages;

(II) Improve the training given to P.O.S.T.-certified peace officers; and

(III) Improve relationships between law enforcement and impacted communities.

(b) Eligible grant recipients include Colorado law enforcement agencies, including those serving rural municipalities and counties, tribal law enforcement agencies that serve fewer than fifty thousand residents; third-party membership organizations on behalf of a law enforcement agency; and any state institution of higher education, as defined in section 23-18-102 (10), that operates a law enforcement academy.

(c) Grants may be awarded to:

(I) Recruit, pay the tuition for, and train individuals to work in P.O.S.T.-certified law enforcement careers, which may include:

(A) Pre-apprenticeship and apprenticeship programs for public safety careers;

(B) Scholarships for training in public safety careers;

(C) Tuition reimbursement for successful completion of training at P.O.S.T.-approved law enforcement training academies, for persons who were hired by a law enforcement agency after the effective date of this section and who complete at least one year of the agency's probation period;

(D) Housing assistance while attending peace officer training and continuing education or other training programs if it is necessary because of the time or distance required to commute;

(E) Make student loan payments for individuals' student loans related to the costs of becoming P.O.S.T.-certified peace officers;

(F) Provide supplemental resources to rural and smaller law enforcement agencies that possess modest or no financial resources to recruit and retain qualified and trained P.O.S.T.-certified peace officers;

(G) Providing, or assisting in the provision of, child care for peace officers;

(H) Providing, or assisting in the provision of, cardiovascular and other health screenings; and

(I) Any other strategies demonstrated to recruit, train, and retain high-quality P.O.S.T.-certified peace officers if deemed appropriate by the division;

(II) Increase the number of persons receiving training as P.O.S.T.-certified and non-certified law enforcement personnel and improve the training provided to such persons;

(III) Improve the training provided by entities approved for providing training by the peace officer standards and training board, referred to in this section as "approved P.O.S.T. board trainers", by enhancing their curriculum to expand mental health, implicit bias, cultural competency, critical incident, de-escalation, and trauma recovery training and increasing the availability of workforce mobility;

(IV) Provide continuing education opportunities for P.O.S.T.-certified and non-certified law peace officers;

(V) Increase activities intended to foster a more positive relationship between law enforcement and impacted communities;

(VI) Provide opportunities for P.O.S.T-certified and non-certified law peace officers to receive training in equity, diversity, and inclusion;

(VII) Create partnerships with schools, school districts, colleges, or universities to develop and implement internship or mentorship programs for students interested in a career in law enforcement;

(VIII) Create partnerships with schools, school districts, or youth-service organizations to develop and implement youth programs to foster a positive relationship between youth and law enforcement, and to foster early interest in law enforcement careers;

(IX) Develop and implement education campaigns for law enforcement workforce recruitment, retention, and tuition assistance; and

(X) Implement any other strategy demonstrated to recruit, train, and retain a high-quality and diverse law enforcement workforce if deemed appropriate by the division.

(d) (I) A law enforcement agency shall use the grant money to supplement the costs of recruitment and training. A local government or law enforcement agency may not use the grant money to supplant these costs.

(II) A law enforcement agency may not use the grant award to cover the costs of eligible law enforcement officer salaries and benefits if the eligible law enforcement officers would have been hired by the law enforcement agency even if the division had not awarded the law enforcement agency the grant.

(III) Law enforcement agencies that are awarded grants under the grant program may be subject to an audit by the state auditor to ensure that the grant money is used for the purposes articulated in this section.

(e) The division shall administer the program pursuant to this section. Subject to available appropriations, the division shall make grant payments from money appropriated to the division by the general assembly for the program. The division shall reach out to and inform rural and small law enforcement agencies of the existence of the program.

(2) The executive director shall:

(a) Develop policies and procedures related to how and by when law enforcement agencies submit grant applications, performance metrics that grantees will be expected to provide, data and other relevant information required as part of their grant report described in subsection (5) of this section, and how grant money is disbursed, including establishing:

(I) Minimum terms of service for individuals who receive or benefit from grant funds; and

(II) Procedures to ensure at least twenty percent of the money allocated is distributed to law enforcement agencies in rural counties and municipalities with a population of fewer than fifty thousand persons, wholly located either east of Interstate 25 or west of the continental divide. If the number of eligible grants from rural applicants is less than twenty percent of all monetary awards, then the committee may reallocate the difference to other jurisdictions.

(b) Appoint members of the law enforcement workforce advisory committee established pursuant to subsection (3) of this section;

(c) After reviewing the recommendations of the law enforcement workforce advisory committee, review grant applications from law enforcement agencies and approved P.O.S.T. board trainers, select agencies and trainers to receive grants, and determine the amount of grant money for each agency and trainer; and

(d) Develop goals for fostering better relationships between law enforcement and impacted communities.

(2.5) The executive director may provide technical support deemed necessary by the executive director for application assistance to applicants.

(3) (a) There is created in the division the law enforcement workforce advisory committee, referred to in this section as the "committee". The executive director shall ensure that the composition of the committee is racially, ethnically, and geographically diverse and representative of the communities where crime is disproportionately high. The committee consists of the following twelve members:

(I) The executive director who serves as the chair;

(II) The following members appointed by the executive director:

(A) An elected county sheriff or a sheriff's designee with expertise in the field of law enforcement recruitment, training, or retention;

(B) A chief of police or a chief of police's designee with expertise in the field of law enforcement recruitment, training, or retention;

(C) An individual representing an organization specializing in behavioral health issues or training to handle behavioral health issues, with experience in providing culturally responsive care in communities of color and underserved populations;

(D) A victim's advocate, as defined in section 13-90-107 (1)(k)(II), with experience in providing culturally responsive services in communities of color, or a representative from a community-based victim services organization that specializes in serving victims of color;

(E) A member of a community organization who is an expert in human resource issues with a specific emphasis on recruiting for equity, diversity, and inclusivity;

(F) A member of the governor's justice assistance grant advisory board;

(G) A representative of a federally recognized tribe with jurisdiction in Colorado; and

(H) A representative from the Colorado community college system;

(III) A member of the Colorado peace officers standards and training unit in the attorney general's office appointed by the attorney general;

(IV) A member from a county with a population of fewer than fifty thousand people selected by a statewide organization of counties; and

(V) A member appointed by a statewide organization of municipalities.

(b) The members of the committee serve without compensation and without reimbursement for expenses.

(c) The committee shall review applications for grants submitted pursuant to this section and make recommendations on which agencies should receive grants and the amount of each grant. In determining which entities should receive grants under this section, the advisory committee shall consider:

(I) How the grant would improve and support P.O.S.T.-certified and non-certified peace officer recruitment and retention;

(II) Compliance of the applicant with all relevant state and local laws or a demonstration of how the applicant will come into such compliance;

(III) Sustainability of the project after the grant ends; and

(IV) If the grant includes activities that are likely to foster a more positive relationship between law enforcement and the impacted community.

(4) (a) There is created in the state treasury the law enforcement workforce recruitment, retention, and tuition grant fund, referred to in this section as the "fund", consisting of any money appropriated to the fund by the general assembly and any money received by the division from gifts, grants, or donations for the grant program. Subject to annual appropriation by the general assembly, the division may expend money from the fund for the direct and indirect costs associated with implementing the grant program.

(b) The state treasurer may invest any money in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.

(c) The general assembly shall appropriate from the general fund to the fund three million seven hundred fifty thousand dollars in each of the state fiscal years 2022-23 and 2023-24 for the program.

(d) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(5) (a) On or before August 1, 2023, and each August 1 thereafter through 2026, each law enforcement agency and any other entity that receives a grant shall provide a financial and narrative report to the division describing how the grant funds were utilized, including data and other relevant information on performance metrics described in subsection (2) of this section. On or before October 1, 2023, and each October 1 thereafter through 2026, the division shall submit a summary of the reports to the judiciary committees of the house of representatives and senate, or to any successor committees, and provide a summary of the program during the hearings conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, following each year in which the program was in effect.

(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (5) continues indefinitely.

(6) This section is repealed, effective July 1, 2027.
C.R.S. § 24-90-118 — CO Code / Title 24 / Article 90 / Part 1 / Section 24-90-118
24-90-118. Colorado libraries automated catalog project
Status: repealed

24-90-118. Colorado libraries automated catalog project. (1) The general assembly declares that there shall be developed and established by the Colorado state library, in cooperation with the research libraries within Colorado, an automated catalog system, which shall be available for use by all publicly or privately supported libraries in Colorado. The system shall be compatible with the library of congress automated cataloging system, including federal standards for machine-readable cataloging, which will become effective on January 1, 1981.

(2) and (3) Repealed.
C.R.S. § 24-90-110.7 — CO Code / Title 24 / Article 90 / Part 1 / Section 24-90-110.7
24-90-110.7. Regional library authorities
Status: reserved

24-90-110.7. Regional library authorities. (1) (a) In order to support and provide for public library service on a regional basis, particularly in any region of the state lacking sufficient public library resources to adequately serve the needs of the public, any combination of two or more governmental units acting through their governing bodies, regardless of whether such unit currently maintains a public library, may, by contracting with or among each other, establish a separate governmental entity to be known as a regional library authority, referred to in this section as an "authority". Such authority may be used by such contracting member governmental units to effect the acquisition, construction, financing, operation, or maintenance of publicly supported library services on a regional basis within the jurisdiction of the authority. For purposes of this section, a governmental unit may include a library district within the meaning of section 24-90-103 (6).

(b) No such authority shall be formed pursuant to this section unless each of the contracting member governmental units forming such authority has passed a resolution or ordinance in accordance with the requirements of paragraph (d) of this subsection (1) and has entered into a contract pursuant to section 29-1-203, C.R.S., for the creation, operation, and administration of such authority.

(c) (I) In connection with the establishment of an authority, at least one public hearing shall be conducted by each of the contracting member governmental units that intend to enter into a contract for the purpose of forming the authority. Any such hearing shall be preceded by adequate and timely notice of the time and place of the hearing. The notice shall specify the matters to be included in the resolution or ordinance and shall fix a date for the hearing that shall be held not less than thirty nor more than sixty days after the date of first publication of such notice.

(II) Any public hearing conducted in accordance with the requirement of subparagraph (I) of this paragraph (c) shall address, without limitation, the purposes of the authority, and, where more than one governmental unit is involved in the formation of the authority, the powers, rights, obligations, and responsibilities, financial and otherwise, of each governmental unit that is forming the authority.

(d) The resolution or ordinance to be adopted by each of the contracting member governmental units forming the authority in accordance with the requirements of paragraph (b) of this subsection (1) shall:

(I) Describe the legal service area of the authority;

(II) Describe the proposed governance of the authority; and

(III) State that the registered electors residing within the territorial boundaries of such contracting member governmental units shall approve any amount of sales or use tax, or both, in accordance with the requirements of paragraph (f) of subsection (3) of this section or an ad valorem tax in accordance with the requirements of paragraph (h) of subsection (3) of this section not previously approved by the electors before the authority shall levy such taxes.

(2) Upon establishment of an authority satisfying the requirements of this section, a contract between the legislative bodies of the contracting member governmental units, shall be effected within ninety days. Any contract establishing such authority shall, without limitation, specify:

(a) The name and purpose of such authority and the functions or services to be provided by such authority;

(b) The boundaries of the authority, which boundaries may include less than the entire area of any separate county, but shall not be less than the entire area of any municipality and any other governmental unit forming the authority, and may be modified after the establishment of the authority as provided in the contract;

(c) The establishment and organization of a governing body of the authority, which shall be a board of directors, referred to in this section as the "board of the authority", in which all legislative power of the authority is vested, including:

(I) The number of directors, their manner of appointment, their terms of office, their compensation, if any, and the procedure for filling vacancies on the board of the authority;

(II) The officers of the authority, the manner of their selection, and their duties;

(III) The voting requirements for action by the board of the authority; except that, unless specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board of the authority; and

(IV) The duties of the board of the authority, which shall include the obligation to comply with the provisions of parts 1, 5, and 6 of article 1 of title 29, C.R.S.;

(d) Provisions for the disposition, division, or distribution of any property or assets of the authority;

(e) The term of the contract, which may be continued for a definite term or until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations; and

(f) The expected sources of revenue of the authority and any requirements that contracting member governmental units consent to the levying of any taxes within the jurisdiction of such member. If the authority levies any taxes, the contract shall further include requirements that:

(I) Prior to and as a condition of levying any such taxes or fees, the board of the authority shall adopt a resolution determining that the levying of the taxes or fees will fairly distribute the costs of the authority's activities among the persons or communities benefited thereby and will not impose an undue burden on any particular group of persons or communities;

(II) Each such tax shall conform with any requirements specified in subsection (3) of this section; and

(III) The authority shall designate a financial officer who shall coordinate with the department of revenue regarding the collection of a sales and use tax authorized pursuant to paragraph (f) of subsection (3) of this section. This coordination shall include but not be limited to the financial officer identifying those businesses eligible to collect the sales and use tax and any other administrative details identified by the department.

(3) The general powers of such authority shall include the following powers:

(a) To acquire, construct, finance, operate, or maintain public library services located within the territorial boundaries of the authority;

(b) To make and enter into contracts with any person, including, without limitation, contracts with state or federal agencies, private enterprises, and nonprofit organizations also involved in providing such public library services or the financing for the services, irrespective of whether the agencies are parties to the contract establishing the authority;

(c) To employ agents and employees;

(d) To cooperate with state and federal governments in all respects concerning the financing of such library services;

(e) To acquire, hold, lease, as lessor or lessee, sell, or otherwise dispose of any real or personal property, commodity, or service;

(f) [Editor's note: This version of subsection (3)(f) is effective until July 1, 2025.]

(I) Subject to the provisions of subsection (9) of this section, to levy, in all of the area described in subparagraph (II) of this paragraph (f) within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, upon every transaction or other incident with respect to which a sales or use tax is levied by the state pursuant to the provisions of article 26 of title 39, C.R.S. The tax imposed pursuant to this paragraph (f) is in addition to any other sales or use tax imposed pursuant to law. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, to the extent feasible, in the manner provided in section 29-2-106, C.R.S. However, the executive director shall not begin the collection, administration, and enforcement of a sales and use tax until such time as the financial officer of the authority and the executive director have agreed on all necessary matters pursuant to subparagraph (III) of paragraph (f) of subsection (2) of this section. The executive director shall begin the collection, administration, and enforcement of a sales and use tax on a date mutually agreeable to the department of revenue and the authority.

(II) The area in which the sales or use tax authorized by this paragraph (f) is levied shall not include less than the entire area of any municipality located within the area in which the tax will be levied. The area may also include portions of unincorporated areas located within a county.

(III) The executive director of the department of revenue shall make monthly distributions of the tax collections to the authority, which shall apply the proceeds solely to the acquisition, construction, financing, operation, or maintenance of public library services within the jurisdiction of the authority.

(IV) The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount retained to the state treasurer, who shall credit the same amount to the regional library authority sales tax fund, which fund is hereby created in the state treasury. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this section. Any moneys remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that prior to the transmission to the authority of such moneys, any moneys appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.

(f) [Editor's note: This version of subsection (3)(f) is effective July 1, 2025.]

(I) Subject to the provisions of subsection (9) of this section, to levy, in all of the area described in subsection (3)(f)(II) of this section within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, upon every transaction or other incident with respect to which a sales or use tax is levied by the state pursuant to the provisions of article 26 of title 39. The tax imposed pursuant to this subsection (3)(f) is in addition to any other sales or use tax imposed pursuant to law. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, as provided in part 2 of article 2 of title 29.

(II) The area in which the sales or use tax authorized by this subsection (3)(f) is levied may not include less than the entire area of any municipality located within the area in which the tax will be levied. The area may also include portions of unincorporated areas located within a county.

(III) The authority shall apply monthly distributions received from the department of revenue pursuant to section 29-2-207 solely to the acquisition, construction, financing, operation, or maintenance of public library services within the jurisdiction of the authority.

(IV) The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount retained to the state treasurer, who shall credit the same amount to the regional library authority sales tax fund, which fund is hereby created in the state treasury. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this section. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.

(g) Notwithstanding any other provision of law, any sales tax authorized pursuant to subparagraph (I) of paragraph (f) of this subsection (3) shall not be levied on:

(I) The sale of tangible personal property delivered by a retailer or a retailer's agent or delivered to a common carrier for delivery to a destination outside the boundaries of the authority; and

(II) The sale of tangible personal property on which a specific ownership tax has been paid or is payable when such sale meets the following conditions:

(A) The purchaser does not reside within the boundaries of the authority or the purchaser's principal place of business is outside the boundaries of the authority; and

(B) The personal property is registered or required to be registered outside the boundaries of the authority under the laws of this state.

(h) Subject to the provisions of subsection (9) of this section, to levy, in all of the area within the boundaries of the authority, an ad valorem tax in accordance with the requirements of this section. The tax imposed pursuant to this paragraph (h) shall be in addition to any other ad valorem tax imposed pursuant to law. In accordance with the schedule prescribed by section 39-5-128, C.R.S., the board of the authority shall certify to the board of county commissioners of each county within the authority, or having a portion of its territory within the district, the levy of ad valorem property taxes in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the designated portion of the area within the boundaries of the authority. It is the duty of the body having authority to levy taxes within each county to levy the taxes provided by this subsection (3). It is the duty of all officials charged with the duty of collecting taxes to collect the taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the authority ordering the levy and collection. The payment of such collections shall be made monthly to the authority or paid into the depository thereof to the credit of the authority. All taxes levied under this paragraph (h), together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute, until paid, a perpetual lien on and against the property taxed, and the lien shall be on a parity with the tax lien of other general taxes.

(i) To incur debts, liabilities, or obligations;

(j) To sue and be sued in its own name;

(k) To have and use a corporate seal;

(l) To fix, maintain, and revise fees, rents, security deposits, and charges for functions, services, or facilities provided by the authority;

(m) To adopt, by resolution, rules respecting the exercise of its powers and the carrying out of its purposes;

(n) To exercise any other powers that are essential to the provision of functions, services, or facilities by the authority and that are specified in the contract; and

(o) To do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person, firm, or corporation.

(4) The authority established by such contracting member governmental units shall be a political subdivision and a public corporation of the state, separate from the parties to the contract, and shall be a validly created and existing political subdivision and public corporation of the state, irrespective of whether a contracting member governmental unit withdraws, whether voluntarily, by operation of law, or otherwise, from the authority subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing such authority pursuant to its terms. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The authority may deposit and invest its moneys in the manner provided in section 43-4-616, C.R.S.

(5) The bonds, notes, and other obligations of such authority shall not be the debts, liabilities, or obligations of the contracting member governmental units.

(6) The contracting member governmental units may provide in the contract for payment to the authority of funds from proprietary revenues for services rendered or facilities provided by the authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the authority.

(7) The authority may issue revenue or general obligation bonds, as the term "bond" is defined in section 43-4-602 (3), C.R.S., and may pledge its revenues and revenue-raising powers for the payment of the bonds. The bonds shall be issued on the terms and subject to the conditions set forth in section 43-4-609, C.R.S.

(8) The income or other revenues of the authority, all properties at any time owned by an authority, any bonds issued by an authority, and the transfer of and the income from any bonds issued by the authority are exempt from all taxation and assessments in the state.

(9) (a) No action by an authority to establish or increase any tax authorized by this section shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority in which the tax is proposed to be collected.

(b) No action by an authority creating a multiple-fiscal year debt or other financial obligation that is subject to section 20 (4)(b) of article X of the state constitution shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority.

(c) The questions proposed to the registered electors under paragraphs (a) and (b) of this subsection (9) shall be submitted at a general election or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections and the county clerk and recorder of each county in which the election is conducted shall assist the authority in conducting the election. The cost of the election shall be incurred by the contracting member governmental units that have formed the authority in proportion to the percentage of the population of the governmental units within the territorial boundaries of the authority. No moneys of the authority may be used to urge or oppose passage of an election required under this section.

(10) (a) For the purpose of determining any authority's fiscal year spending limit under section 20 (7)(b) of article X of the state constitution, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from fiscal year spending pursuant to section 20 (2)(e) of article X of the state constitution during the first full fiscal year for which the authority collected revenues.

(b) For purposes of this subsection (10), "fiscal year" means any year-long period used by an authority for fiscal accounting purposes.

(11) An authority established by contracting member governmental units shall, if the contract so provides, be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting member governmental units to provide the same function, service, or facility, and the authority shall be entitled to all the rights and privileges and shall assume all the obligations and liabilities of such other entity under existing contracts to which such other entity is a party.

(12) (a) The authority granted pursuant to this section shall in no manner limit the powers of any governmental unit to cooperate on an intergovernmental basis, to enter into any contract with another governmental entity, or to establish a separate legal entity pursuant to the provisions of section 29-1-203, C.R.S., or any other applicable law, or otherwise to carry out their individual powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns pursuant to the state constitution.

(b) Notwithstanding any other provision of law, any governmental unit that has entered into a contract for the purpose of forming an authority may form such authority in accordance with the requirements of this section without any effect on the ability of the unit to own its own property, maintain a separate governing body or board of trustees, levy its own taxes for library purposes, or retain its own identity.

(c) Notwithstanding any other provision of law, nothing in this section shall be construed to authorize any one or more library districts to:

(I) Form an authority without entering into a contract with one or more governmental units to form such authority in accordance with the requirements of this section; or

(II) Exercise any of the powers of said authority, including, without limitation, the power to levy a sales or use tax, in the absence of entering into a contract with one or more governmental units for the purpose of forming such authority in accordance with the requirements of this section.