C.R.S. § 24-31-115 — CO Code / Title 24 / Article 31 / Part 1 / Section 24-31-115
24-31-115. Housing unit - powers of attorney general or district attorney - subpoenas - doc
Status: in_force

24-31-115. Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties. (1) When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the attorney general may investigate any person or organization subject to this article 31. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry. Nothing in this section limits the scope of the attorney general's authority to review and investigate potential violations of law or harm discovered in the course of an investigation.

(2) Nothing in this section impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the authority that may be exercised by the attorney general under section 11-51-603.5.

(3) Venue for actions. Until the Colorado supreme court adopts a venue provision relating to this article 31, actions instituted pursuant to this article 31 may be brought in any county in which:

(a) An alleged violation occurred or in which any portion of a transaction involving an alleged violation occurred;

(b) The principal place of business of any defendant is located; or

(c) Any defendant resides.

(4) Powers. (a) When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general may:

(I) Request the person to file a statement or a report in writing, under oath or otherwise, on forms prescribed by the attorney general, with respect to all facts and circumstances concerning the advertisement of property by the person and any other data and information the attorney general deems necessary;

(II) Examine under oath any person in connection with the sale or advertisement of any property;

(III) Examine any property or sample thereof, record, book, document, account, or paper the attorney general deems necessary; and

(IV) Make true copies, at the expense of the attorney general, of any record, book, document, account, or paper examined pursuant to subsection (4)(c) of this section, which copies may be offered into evidence in lieu of producing the originals in any actions brought by the attorney general.

(b) For purposes of this section, "reasonable cause" is based upon a complaint concerning a potential violation of the law when the attorney general believes the alleged violation may affect more than one person or be part of a series of related violations affecting multiple persons.

(c) Any request for personally identifiable information made pursuant to this subsection (4) is subject to the requirements of subsection (5) of this section.

(5) Subpoenas - production of documents. (a) When the attorney general has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general, in addition to any other powers conferred upon the attorney general by this article 31, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this article 31.

(b) Service of any notice or subpoena must be made in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure.

(c) If the records of a person who has been issued a subpoena are located outside this state, the person shall either:

(I) Make them available to the attorney general at a convenient location within this state; or

(II) Pay the reasonable and necessary expenses for the attorney general or district attorney, or the attorney general's or district attorney's designee, to examine the records at the location at which the documents are maintained.

(d) The attorney general or district attorney may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general or district attorney.

(6) Inadmissible testimony. (a) Any testimony obtained by the attorney general pursuant to compulsory process under this article 31 or any information derived directly or indirectly from such testimony shall not be admissible in evidence in any criminal prosecution against the person so compelled to testify. This subsection (6) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.

(b) Subject to subsection (8) of this section, the records of investigations or intelligence information of the attorney general obtained under this article 31 may constitute public records available for inspection by the public at the sole discretion of the attorney general. This subsection (6)(b) shall not be construed to prevent the attorney general from issuing public statements describing or warning of any course of conduct or any conspiracy that constitutes a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), whether on a local, statewide, regional, or nationwide basis.

(7) Remedies. If any person fails to cooperate with any investigation pursuant to this article 31 or fails to obey any subpoena pursuant to this article 31, the attorney general may apply to the applicable district court for an appropriate order to effect the purposes of this article. The application must state that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this article 31. If the court is satisfied that reasonable grounds exist, the court in its order may:

(a) Grant injunctive relief restraining the advertisement of any property by such person;

(b) Require the attendance of or the production of documents by such person, or both; or

(c) Grant such other or further relief as may be necessary to obtain compliance by such person.

(8) Injunctive authority - assurances of discontinuance. (a) Whenever the attorney general has cause to believe that a person has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure, prohibiting the person from continuing or engaging in such practices, or doing any act in furtherance of such practices. The court may make such orders or judgments as is necessary to:

(I) Prevent the use or employment by such person of any such practices;

(II) Completely compensate or restore the original position of any person injured by means of any such practice; or

(III) Prevent any unjust enrichment by any person through the use or employment of any practice that is in violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV).

(b) Where the attorney general has authority to institute a civil action or other proceeding pursuant to the provisions of this article, the attorney general may accept, in lieu thereof or as a part thereof, an assurance of discontinuance of any practice that constitutes a violation of any of the provisions that are listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV). Any such assurance of discontinuance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of any action or proceeding by the attorney general or a district attorney and any amount necessary to restore to any person any money or property that may have been acquired by the alleged violator by means of a violation of any of the provisions that are listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV). Any such assurance or discontinuance accepted by the attorney general and any such stipulation filed with the court as a part of any such action or proceeding is a matter of public record unless the attorney general determines, in the attorney general's sole discretion, that the assurance of discontinuance and any stipulation are confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action by the attorney general alleging that a confidential assurance of discontinuance or stipulation accepted pursuant to this subsection (8)(b) has been violated, the assurance of discontinuance or stipulation is deemed a public record and open to inspection by any person. Proof by a preponderance of the evidence of a violation of any such assurance or stipulation constitutes prima facie evidence of a deceptive trade practice for the purposes of any civil action or proceeding brought thereafter by the attorney general, whether a new action or a subsequent motion or petition in any pending action or proceeding.

(9) Penalties. In order to enforce the provisions of this article 31, in addition to any penalties stated in this article 31, the attorney general may seek any of the penalties or other enforcement mechanisms specified in the "Immigrant Tenant Protection Act", part 12 of article 12 of title 38; the "Mobile Home Park Act", part 2 of article 12 of title 38; the "Mobile Home Park Act Dispute Resolution and Enforcement Program", part 11 of article 12 of title 38; part 1 of article 12 of title 38; part 7 of article 12 of title 38; and section 38-12-904 (1)(b), along with costs to enforce these provisions.

(10) Limitations. All actions brought under this article 31 must be commenced within three years after the date on which a violation occurred or the date on which the last in a series of such acts or practices occurred or within three years after the consumer discovered or in the exercise of reasonable diligence should have discovered the violation. The period of limitation provided in this section may be extended for a period of one year if the attorney general proves that failure to timely commence the action was caused by the defendant engaging in conduct calculated to induce the attorney general to refrain from or postpone the commencement of the action.
C.R.S. § 24-33.5-113 — CO Code / Title 24 / Article 33.5 / Part 1 / Section 24-33.5-113
24-33.5-113. Forensic medical evidence in sexual assault cases - rules - testing - confidenti
Status: repealed

24-33.5-113. Forensic medical evidence in sexual assault cases - rules - testing - confidentiality. (1) Rules. (a) On or before thirty days after June 5, 2013, the executive director shall begin the process of promulgating rules for forensic medical evidence collected in connection with an alleged sexual assault. Not less than ninety days prior to the promulgation of the rules, the division shall convene a representative group of participants as defined in section 24-4-102 (14.5) to solicit input into the development of the rules. The representative group must include persons affected by the rules and persons responsible for implementation of the rules. The division may convene as many meetings of the representative group as is necessary.

(b) On or before six months after June 5, 2013, the executive director shall promulgate the rules. The rules must include:

(I) A requirement that forensic evidence must be collected if a victim of an alleged sexual assault requests it to be collected;

(II) Standards for what evidence must be submitted to the Colorado bureau of investigation or another accredited crime laboratory;

(III) Time frames for when the evidence must be submitted, analyzed, and compared to DNA databases. The rules on time frames must indicate that, once the backlog described in subsection (4) of this section is resolved, evidence that meets the criteria for mandatory submission must be submitted within twenty-one days after receipt by a law enforcement agency.

(IV) Standards for consent for the collection, testing, and release of test results of the forensic medical evidence, including but not limited to:

(A) Information to be contained in consent forms that notify persons of the potential effects of each step of the process, including collection, testing, and release of test results and require acknowledgment of consent for each step of the process;

(B) Who may give consent and when is it required;

(C) Who may withdraw consent and when it may be withdrawn; and

(D) When and how results of tests may be released and for what purposes;

(V) A plan for prioritizing the testing of the backlog of forensic medical evidence to be forwarded to the Colorado bureau of investigation pursuant to subsection (4) of this section and a plan for testing newly collected forensic medical evidence once the backlog is resolved; and

(VI) The date, as soon as practicable, by which a law enforcement agency must analyze its backlog of forensic medical evidence if it does not forward such evidence to the Colorado bureau of investigation for analysis.

(2) Law enforcement and medical personnel shall not, for any reason, discourage a victim of an alleged sexual assault from receiving a forensic medical examination.

(3) Compliance. (a) (I) On and after ninety days after the promulgation of the rules authorized by paragraph (b) of subsection (1) of this section, all law enforcement agencies in the state shall comply with the promulgated rules.

(II) The failure of a law enforcement agency to comply with the rules promulgated pursuant to paragraph (b) of subsection (1) of this section does not affect:

(A) The authority of the agency to submit the evidence to the Colorado bureau of investigation or other accredited crime laboratory;

(B) The authority of the Colorado bureau of investigation or other accredited crime laboratory to analyze the evidence or provide results of the analysis to appropriate persons; or

(C) The admissibility of the evidence in any court.

(b) On and after ninety days after the promulgation of the rules described in paragraph (b) of subsection (1) of this section, all personnel at a medical facility performing a forensic medical examination and all other persons having custody of forensic medical evidence collected in connection with an alleged sexual assault or the results of tests conducted on the evidence shall comply with the promulgated rules.

(c) A person who receives evidence or results of tests under this section shall not disclose the evidence or test results except to the extent that disclosure is consistent with the authorized purpose for which the person obtained the evidence.

(4) Repealed.

(5) The department of public safety shall include within its budget requests and supplemental budget requests submitted to the joint budget committee funding requests to analyze as soon as practicable the backlog of forensic medical evidence of any alleged sexual assaults forwarded to the Colorado bureau of investigation pursuant to subsection (4) of this section and to analyze newly collected forensic medical evidence as soon as practicable.
C.R.S. § 24-48.5-102.7 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-102.7
24-48.5-102.7. Economic gardening pilot project - small business development centers - economic
Status: repealed

24-48.5-102.7. Economic gardening pilot project - small business development centers - economic gardening pilot project fund - created - annual report - definitions - repeal. (Repealed)
C.R.S. § 24-75-707 — CO Code / Title 24 / Article 75 / Part 7 / Section 24-75-707
24-75-707. Investment adviser - duties - unlawful activities
Status: in_force

24-75-707. Investment adviser - duties - unlawful activities. (1) An investment adviser, a broker-dealer, or a financial institution acting in an advisory capacity for a local government investment pool trust fund which contracts with the board of trustees of such trust fund shall be held to the standard of conduct set forth in section 24-75-705 with respect to those functions over which such investment adviser, broker-dealer, or financial institution has substantial discretion.

(2) It is unlawful for any investment adviser to a local government investment pool trust fund or any investment adviser representative of such investment adviser to:

(a) Act as a member of the board of trustees or custodian of that trust fund; or

(b) Maintain the primary records of the trust fund anywhere but within this state; except that, the securities commissioner may, by rule or order, and subject to such terms and conditions as prescribed therein, permit the maintenance of such records in another state if the securities commissioner finds that maintenance of such records in this state is not necessary in the public interest and for the protection of participating local governments.

(3) It is unlawful for any broker-dealer or financial institution acting in an advisory capacity to a local government investment pool trust fund or any person employed by or directly associated with a broker-dealer or financial institution acting in an advisory capacity to such a trust fund to:

(a) Act as a member of the board of trustees of that trust fund; or

(b) Maintain the primary records of the trust fund anywhere but within this state; except that, the securities commissioner may, by rule or order, and subject to such terms and conditions as prescribed therein, permit the maintenance of such records in another state if the securities commissioner finds that maintenance of such records in this state is not necessary in the public interest and for the protection of participating local governments.
C.R.S. § 24-46-108 — CO Code / Title 24 / Article 46 / Part 1 / Section 24-46-108
24-46-108. Refundable income tax credits for certain businesses located in the state - defi
Status: repealed

24-46-108. Refundable income tax credits for certain businesses located in the state - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Advanced manufacturing" means the use of innovative technologies and processes to enhance existing and create new products, including, but not limited to, production activities that depend on automation, computation, enhanced prototyping, lasers, networking, robotics, sensing, simulation, and software, and other similar activities as may be determined by the commission, in this state.

(b) "ARPA" means the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended.

(c) "CHIPS Act" means the federal "Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022", Pub.L. 117-167, as amended.

(d) "Department" means the department of revenue.

(e) "Income tax credit" means an income tax credit allowed to a taxpayer under section 39-30-104, 39-30-105.1, 39-30-105.5, or 39-22-531 (2) and (3)(a)(I)(D).

(f) "Investor" means a partner, shareholder, or member of a tax payer that is a partnership, limited liability company, S corporation, or other similar pass-through entity.

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

(h) "Project" means a taxpayer's advanced manufacturing or semiconductor manufacturing business activities.

(i) "Refund certificate" means a written, conditional approval by the commission that is associated with a taxpayer's approved project and that sets forth the maximum amount of income tax credits that the taxpayer may claim as a refund in accordance with this section.

(j) (I) "Semiconductor manufacturing" means the fabrication, assembly, testing, advanced packaging, production, or research and development of semiconductors, materials used to manufacture or enhance semiconductors, or semiconductor manufacturing equipment in this state for which a taxpayer may receive federal financial assistance under the CHIPS Act.

(II) The definition of "semiconductor manufacturing" for purposes of this section may be modified or expanded by the commission, including to reflect any differences between the definition in subsection (1)(j)(I) of this section and the definition of "semiconductor manufacturing" that may be used by the United States department of commerce in implementing the CHIPS Act.

(k) "Taxpayer" means a person engaged in advanced manufacturing or semiconductor manufacturing that is subject to tax under article 22 of title 39.

(2) (a) Subject to the limitations set forth in subsection (2)(b) of this section, for state fiscal years 2023-24 through 2028-29, the commission may approve and issue a refund certificate if the applicant demonstrates that the applicant is a taxpayer that is engaged in or will engage in a project eligible for an income tax credit. Subject to the conditions in subsection (7) of this section and any other conditions established by the commission, a taxpayer that holds a refund certificate may claim a refund of eighty percent of the income tax credit types listed on the refund certificate that are earned by the taxpayer during the twelve years following the commission's approval and are not used to offset the taxpayer's state income taxes due. The limitations on the amount of credit allowed per income tax year set forth in sections 39-30-104 (2)(c) and 39-30-105.5 (2) do not apply to income tax credits refunded under this section. Refunds of the income tax credits claimed pursuant to this section are a reduction in tax revenue.

(b) The commission shall approve refund certificates pursuant to this section subject to the following limitations:

(I) The maximum total amount of income tax credits for which the commission may approve refund tax credit certificates for all taxpayers is fifteen million dollars per fiscal year; except that, if the commission approves refund certificates for less than fifteen million dollars of income tax credits during any fiscal year, the remaining authorized but unencumbered amount of income tax credits is added to the maximum amount of income tax credits for which the commission may approve refund certificates during the next fiscal year;

(II) The maximum total amount of income tax credits for which the commission may approve refund certificates for all taxpayers for all fiscal years from July 1, 2023, through June 30, 2028, is seventy-five million dollars; except that, if the commission has approved refund certificates for less than seventy-five million dollars of income tax credits on June 30, 2028, the commission may approve refund certificates for new and existing applicants equal to the remaining amount through the fiscal year ending June 30, 2029; and

(III) Compliance with the limitations set forth in this subsection (2)(b) shall be calculated based on the total amount of the income tax credits included in the refund certificates and not eighty percent of such amount.

(c) (I) A taxpayer that receives a refund certificate shall notify the commission promptly if the project included in the certificate is canceled, modified, or otherwise becomes ineligible for the estimated credit, in which case the refund certificate may be canceled or modified.

(II) A refund certificate may be revoked or modified if a taxpayer that receives a refund certificate does not commence the project approved therein within two years of the commission's approval of the refund certificate or otherwise fails to meet the terms of the refund certificate.

(III) Notwithstanding the limitations in subsection (2)(b) of this section, if a taxpayer's refund certificate is canceled or modified pursuant to subsection (2)(c)(I) of this section or revoked or modified pursuant to (2)(c)(II) of this section, the amount of the canceled, revoked, or modified income tax credits shall be available to the commission to use in approving other taxpayers' applications for a refund certificate.

(3) A taxpayer must apply to the commission for a refund certificate allowed under subsection (2)(a) of this section in accordance with deadlines, policies, and procedures established by the office, in consultation with the commission, as follows:

(a) A taxpayer must submit an application including all information and documentation required for a pending project under this subsection (3) to the commission prior to obtaining precertification of any income tax credit for the project pursuant to section 39-30-103 (7) or 39-36-104 (5)(a) or on or before the first day of the taxpayer's credit period under section 39-22-531 (1)(d)(II), as applicable; and

(b) An application for a refund certificate must be submitted in a form prescribed by the office and must include:

(I) Each income tax credit type for which the taxpayer intends to request a refund;

(II) A description of the project that will support each income tax credit type, including:

(A) The location of the project;

(B) The investment to be made for the project;

(C) The jobs to be created by the project; and

(D) The anticipated total amount of income tax credits to be generated by the project.

(III) Identification of the type and estimated or actual amount of any additional income tax credits or other financial assistance from any federal, state, or local government agency received, applied for, or intended to be applied for by the taxpayer related to the same project; and

(IV) Any other information the office or the commission may reasonably require for evaluation of the taxpayer's application for a refund certificate.

(c) Nothing in subsection (3)(b) of this section requires the disclosure to the public of any information that reveals the amount of compensation paid to any individual employee of a business, any Colorado income tax return, any information regarding expenditures on research and development, or other proprietary information of a business included in a taxpayer's application.

(4) In reviewing applications submitted pursuant to subsection (3)(b) of this section, the commission shall prioritize applications deemed eligible for a refund certificate as follows:

(a) For fiscal years 2023-24 and 2024-25, the commission shall give highest priority to taxpayers engaged in semiconductor manufacturing that have received or are expected to receive matching money under ARPA, the CHIPS Act, or other federal legislation that provides incentives for semiconductor manufacturing; and

(b) For fiscal years 2025-26 through 2028-29, the commission shall give highest priority to taxpayers engaged in advanced manufacturing or semiconductor manufacturing that have received or are expected to receive matching money under ARPA, the CHIPS Act, or other federal legislation that provides incentives for advanced manufacturing or semiconductor manufacturing.

(5) The commission, taking into consideration the priority assessment conducted pursuant to subsection (4) of this section, shall approve or deny applications for refund certificates in its discretion based on the following criteria:

(a) Whether the taxpayer was previously awarded a refund certificate under this section;

(b) The type and amount of all federal, state, and local financial assistance received, applied for, or intended to be applied for by the taxpayer, as disclosed pursuant to subsection (3)(b)(III) of this section, and the manner in which the governmental entity offering the applicable financial assistance has benefitted or may benefit therefrom;

(c) The size of the taxpayer's current operation in the state relative to the state as a whole and the region of the state in which the taxpayer is based;

(d) Any strategic economic benefits that the taxpayer provides with existing operations to the state or region in terms of supply chain, benefits to other industries, or other spillover benefits; and

(e) Any additional forthcoming economic development benefits that the taxpayer may provide to the state or region based on commitments that the taxpayer has recently made or proposes to make in the near term.

(6) (a) The commission may approve all, part, or none of the amount of a taxpayer's application for a refund certificate made pursuant to subsection (3)(b) of this section. If the commission approves a taxpayer's application in part, the commission may approve additional refund certificates up to the full amount of the taxpayer's original application in a subsequent fiscal year through fiscal year 2028-29.

(b) Upon approval by the commission, and after the satisfaction of any contingencies imposed pursuant to subsection (10) of this section, the office shall issue a refund certificate that describes the taxpayer's approved project, including the information required under subsection (3)(b)(II) of this section, and sets forth the maximum amount of income tax credits that the taxpayer may claim as a refund in accordance with this section.

(c) If a taxpayer receiving a refund certificate pursuant to this section is a partnership, limited liability company, S corporation, or other similar pass-through entity, the taxpayer may allocate the approved maximum total amount of credit which the taxpayer might earn and use to claim a refund in connection with the taxpayer's project among its investors in any manner agreed to by the investors. The taxpayer shall certify to the office the amount of credit allocated to each investor and the office shall issue refund certificates in the appropriate amounts to each investor. Each investor is allowed to claim a refund of eighty percent of the amount of the credit subject to any restrictions set forth in this section.

(7) To claim a refund in connection with an approved refund certificate, a taxpayer must:

(a) Commence the project approved by the commission in the refund certificate before the refund certificate is canceled, revoked, or modified by the commission pursuant to subsection (2)(c) of this section;

(b) Earn one or more income tax credits in connection with the approved project in accordance with section 39-30-104, 39-30-105.1, 39-30-105.5, or 39-22-531 (2) and (3)(a)(I)(D), not later than twelve years from the date the refund certificate for the income tax credit is approved by the commission;

(c) Apply the income tax credits to the taxpayer's state income tax liability, if any, for the income tax year in which a refund is claimed;

(d) Submit all required records and information to the department on or before the due date, including extensions, for filing the taxpayer's state income tax return for the income tax year in which an income tax credit in excess of the amount applied for pursuant to subsection (7)(c) of this section will be refunded, including:

(I) All records and information necessary to claim the income tax credit earned in connection with the taxpayer's approved project, including the required certification under section 39-30-103 (7) or 39-36-104 (5);

(II) The refund certificate associated with the project through which the taxpayer earned the income tax credit and the amount of the credit;

(III) A refund election statement on a form prescribed by the department; and

(IV) Any additional documentation required by section 39-36-106 (1)(b) or otherwise required by law;

(e) Subject to the limitation in subsection (8) of this section, agree to receive a refund of the eighty percent of the amount of the credit remaining after applying the credit under subsection (7)(c) of this section and forgo the remaining twenty percent of the amount claimed as a refund; and

(8) A taxpayer may not claim cumulative refunds in excess of the maximum total amount of income tax credits that the commission has approved in the refund certificate. Any credit earned in excess of the amount in the refund certificate and forgone under subsection (7)(e) of this section is retained by the taxpayer and may be used in accordance with the statute pursuant to which it was earned.

(9) On or before September 30, 2023, and on or before September 30 of each calendar year thereafter through September 30, 2029, the commission shall provide the department all records and information required by the department to establish that a taxpayer is approved to claim refundable income tax credits up to the maximum total amount approved by the commission in connection with the taxpayer's project as set forth in the taxpayer's refund certificate for the preceding calendar year or any fiscal year ending in the preceding calendar year. The report must contain the following information for each taxpayer:

(a) The taxpayer's name;

(b) The taxpayer's Colorado account number and federal employer identification number;

(c) Each income tax credit type for which the taxpayer may request a refund, as identified pursuant to subsection (3)(b)(I) of this section and in the taxpayer's refund certificate;

(d) A description of the taxpayer's project, including the information from subsection (3)(b)(II), approved in the refund certificate as the basis for the taxpayer's income tax credit claim; and

(e) The maximum total amount of credit the taxpayer may use to claim a refund pursuant to this section as stated in the refund certificate.

(10) The commission, in consultation with the office, may establish additional policies, procedures, requirements, and guidelines to administer the application process for and approval of refund certificates pursuant to this section including, but not limited to:

(a) A limit on the total refund amount that may be approved by the commission for a single taxpayer in a given year;

(b) A limit on the total refund amount that may be approved by the commission for a single taxpayer for multiple years or all years for which the taxpayer has applied for a refund certificate;

(c) A limit on the total refund amount that may be approved by the commission for a specified semiconductor or advanced manufacturing activity;

(d) The adoption of new or modification of existing policies, procedures, requirements, or guidelines to align with federal statutes, regulations, or guidelines as needed to facilitate taxpayer eligibility for federal financial assistance under ARPA, the CHIPS Act, and other similar federal legislation, including by ensuring that the tax incentives available pursuant to this section qualify as "covered incentives" according to 15 U.S.C. sec. 4651 (3); or

(e) Contingencies that must be satisfied by the taxpayer before the taxpayer can obtain a refund certificate.

(11) This section is repealed, effective January 1, 2045.
C.R.S. § 24-75-601.1 — CO Code / Title 24 / Article 75 / Part 6 / Section 24-75-601.1
24-75-601.1. Legal investments of public funds - definition
Status: repealed

24-75-601.1. Legal investments of public funds - definition. (1) It is lawful to invest public funds in any of the following securities:

(a) Any security issued by, fully guaranteed by, or for which the full credit of the United States treasury is pledged for payment and, notwithstanding paragraph (a) of subsection (1.3) of this section, inflation indexed securities issued by the United States treasury. The period from the date of settlement of this type of security to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.

(b) (I) Any security issued by, fully guaranteed by, or for which the full credit of the following is pledged for payment: The federal farm credit bank, the federal land bank, a federal home loan bank, the federal home loan mortgage corporation, the federal national mortgage association, the export-import bank, the Tennessee valley authority, the government national mortgage association, the world bank, or an entity or organization that is not listed in this paragraph (b) but that is created by, or the creation of which is authorized by, legislation enacted by the United States congress and that is subject to control by the federal government that is at least as extensive as that which governs an entity or organization listed in this paragraph (b). The period from the date of settlement of this type of security to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.

(II) No subordinated security may be purchased pursuant to this paragraph (b).

(c) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)

(d) (I) Any security that is a general obligation of any state of the United States, the District of Columbia, or any territorial possession of the United States or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities.

(II) No security may be purchased pursuant to this subsection (1)(d) unless:

(A) At the time of purchase, the security carries at least two credit ratings at or above "A- or A3" or its equivalent from NRSROs if it is a general obligation of this state or of any political subdivision, institution, department, agency, instrumentality, or authority of this state or carries at least two credit ratings at or above "AA- or Aa3" or its equivalent from such NRSROs if it is a general obligation of any other governmental entity listed in subsection (1)(d)(I) of this section;

(B) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)

(C) The period from the date of settlement of this type of security to its maturity date or date of optional redemption that has been exercised as of the date the security is purchased is no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.

(e) (I) Any security that is a revenue obligation of any state of the United States, the District of Columbia, or any territorial possession of the United States or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities.

(II) No security may be purchased pursuant to this subsection (1)(e) unless, at the time of purchase, the security carries at least two credit ratings at or above "A- or A3" or its equivalent from NRSROs if it is a revenue obligation of this state or of any political subdivision, institution, department, agency, instrumentality, or authority of this state or carries at least two credit ratings at or above "AA- or Aa3" or its equivalent from such NRSROs if it is a revenue obligation of any other governmental entity listed in subsection (1)(e)(I) of this section.

(III) The period from the date of settlement of this type of security to its maturity date or date of optional redemption that has been exercised as of the date the security is purchased shall be no more than five years.

(f) and (g) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)

(h) Any security of the investing public entity or any certificate of participation or other security evidencing rights in payments to be made by the investing public entity under a lease, financed purchase of an asset agreement, or similar arrangement;

(h.5) Any certificate of participation or other security evidencing rights in payments to be made by a school district under a lease, financed purchase of an asset agreement, or similar arrangement if the security, at the time of purchase, carries at least two credit ratings from NRSROs and is rated at or above "A- or A3" or its equivalent by all such organizations that have provided a rating;

(i) Any interest in any local government investment pool organized pursuant to part 7 of this article;

(j) The purchase of any repurchase agreement concerning any securities referred to in paragraph (a) or (b) of this subsection (1) that can otherwise be purchased under this section if all of the conditions of subparagraphs (I) to (VI) of this paragraph (j) are met:

(I) The securities subject to the repurchase agreement must be marketable.

(II) The title to or a perfected security interest in such securities along with any necessary transfer documents must be transferred to the investing public entity or to a custodian acting on behalf of the investing public entity.

(III) Such securities must be actually delivered versus payment to the public entity's custodian or to a third-party custodian or third-party trustee for safekeeping on behalf of the public entity.

(IV) The collateral securities of the repurchase agreement must be collateralized at no less than one hundred two percent and marked to market no less frequently than weekly.

(V) The securities subject to the repurchase agreement may have a maturity in excess of five years.

(VI) The period from the date of settlement of a repurchase agreement to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.

(j.5) Any reverse repurchase agreement concerning any securities referred to in paragraph (a) or (b) of this subsection (1) that can otherwise be purchased under this section if all of the conditions of subparagraphs (I) to (VII) of this paragraph (j.5) are met:

(I) Any necessary transfer documents must be transferred to the investing public entity.

(II) Cash must be received by the investing public entity or a custodian acting on behalf of the investing public entity in a deliver versus payment settlement.

(III) The cash received from a reverse repurchase agreement must be collateralized at no more than one hundred and five percent and marked to market no less frequently than weekly.

(IV) The repurchase agreement is not greater than ninety days in maturity from the date of settlement unless the governing body of the public entity authorizes investment for a period in excess of ninety days.

(V) The counter-party meets the credit conditions of an issuer that would qualify under paragraph (m) of this subsection (1).

(VI) The value of all securities reversed under this paragraph (j.5) does not exceed eighty percent of the total deposits and investments of the public entity.

(VII) No securities are purchased with the proceeds of the reverse repurchase agreement that are greater in maturity than the term of the reverse repurchase agreement.

(j.7) A securities lending agreement in which the public entity lends securities in exchange for securities authorized for investment in this section, if all of the following conditions are met:

(I) Any necessary transfer documents must be transferred to the investing public entity.

(II) Securities must be received by the investing public entity or a custodian acting on behalf of the investing public entity in a simultaneous settlement.

(III) The securities received in the securities lending agreement must be no less than one hundred two percent of the value of the securities lent and marked to market no less frequently than weekly.

(IV) The counter-party meets the conditions of an issuer specified in paragraph (m) of this subsection (1).

(V) In the case of a local government, the securities lending agreement shall be approved and designated by written resolution adopted by a majority vote of the governing body of the local government, which resolutions shall be recorded in its minutes.

(k) Any money market fund that is registered as an investment company under the federal "Investment Company Act of 1940", as amended, if, at the time the investing public entity invests in such fund:

(I) The investment policies of the fund include seeking to maintain a constant share price;

(II) No sales or load fee is added to the purchase price or deducted from the redemption price of the investments in the fund and no fee may be charged unless the governing body of the public entity authorizes such a fee at the time of the initial purchase;

(III) The fund operates in accordance with rule 2a-7 under the federal "Investment Company Act of 1940", as amended, or any successor regulation under that act regulating money market funds. The fund must have an investment policy or objective which seeks to maintain a stable net asset value of one dollar per share.

(IV) Repealed.

(l) (I) Any guaranteed investment contract, guaranteed interest contract, annuity contract, or funding agreement if, at the time the contract or agreement is entered into, the long-term credit rating, financial obligations rating, claims paying ability rating, or financial strength rating of the party, or of the guarantor of the party, with whom the public entity enters the contract or agreement is, at the time of issuance, rated in one of the two highest rating categories by two or more NRSROs.

(II) (Deleted by amendment, L. 2004, p. 950, § 7, effective May 21, 2004.)

(III) (A) Except as provided in sub-subparagraph (B) of this subparagraph (III), the contracts or agreements purchased under this paragraph (l) shall not have a maturity period greater than three years.

(B) Contracts or agreements with a maturity period greater than three years shall only be purchased with proceeds of the sale of securities of a public entity and proceeds of certificates of participation or other securities evidencing rights in payments to be made by a public entity under a lease, financed purchase of an asset agreement, or other similar arrangement or if purchased by revenues pledged to the payment of such securities or certificates; except that no contract or agreement may be purchased pursuant to this subsection (1)(l) with the proceeds of any of the foregoing that are held in an escrow or otherwise for the purpose of refunding bonds or other obligations of a public entity.

(m) (I) Any corporate or bank security that is denominated in United States dollars, that matures within three years from the date of settlement, that at the time of purchase carries at least two credit ratings from any of the NRSROs, and that is not rated below:

(A) "A1, P1, or F1" or their equivalents by either rating used to fulfill the requirements of this subparagraph (I) if the security is a money market instrument such as commercial paper or bankers' acceptance; or

(B) "AA- or Aa3" or their equivalents by either rating used to fulfill the requirements of this subparagraph (I) if the security is any other kind of security.

(C) These rating requirements first apply to the security being purchased and second, if the security itself is unrated, to the issuer, provided the security contains no provisions subordinating it from being a senior debt obligation of the issuer.

(II) At no time shall the book value of a public entity's investment in notes evidencing a debt pursuant to this paragraph (m) exceed the following:

(A) Fifty percent of the book value of the public entity's investment portfolio unless the governing body of the public entity authorizes a greater percent of such book value; or

(B) Five percent of the book value of the public entity's investment portfolio if the notes are issued by a single corporation or bank unless the governing body of the public entity authorizes a greater percent of such book value.

(III) No subordinated security may be purchased pursuant to this paragraph (m). No security issued by a corporation or bank that is not organized and operated within the United States may be purchased pursuant to this paragraph (m) unless the governing body of the public entity authorizes investment in such securities.

(IV) As used in this subsection (1)(m), the term "bank security" includes negotiable certificates of deposit issued by banks organized and chartered within the United States. Public entities must consider these bank securities as investments and not deposits subject to the protections of the "Public Deposit Protection Act", article 10.5 of title 11, or insured by the federal deposit insurance corporation.

(n) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)

(1.3) (a) Except as provided in subsections (1)(a) and (1.3)(b) of this section, public funds must not be invested in any security on which the coupon rate is not fixed, or a schedule of specific fixed coupon rates is not established, from the time the security is settled until its maturity date, other than shares in qualified money market mutual funds, unless the coupon rate is:

(I) Established by reference to the United States dollar London interbank offer rate of one year or less maturity, the secured overnight financing rate, the federal funds rate, or other reference rates which are similar to the United States dollar London interbank offer rate, the secured overnight financing rate, the federal funds rate, the cost of funds index, or the prime rate as published by the federal reserve; and

(II) Expressed as a positive value of the referenced index plus or minus a fixed number of basis points.

(b) A municipal index may be used for the investment of bond or note accounts from issues with coupons linked to the same index.

(c) For purposes of this section, "maturity date" means the last possible date, barring default, that principal can be repaid to the purchaser.

(1.5) Any firm that sells any financial instrument that fails to comply with the provisions of this section to any public entity in the state of Colorado shall, upon demand of the public entity through the state treasurer, repurchase such instruments for the greater of the original purchase principal amount or the original face value, plus any and all accrued interest, within one business day of the demand.

(2) Investments made pursuant to this section shall be made in conformance with the standard set forth in section 15-1-304, C.R.S.

(2.3) Public entities shall adopt criteria designating eligible broker-dealers for the purchase of term securities, except for bond proceed investments, under this section.

(2.5) (a) If a public entity invests public moneys through an investment firm offering for sale corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities, the investment firm shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the public entity whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the public entity and because of such agreement the investment firm:

(I) Had received compensation for investment banking services within the most recent twelve months; or

(II) May receive compensation for investment banking services within the next three consecutive months.

(b) For the purposes of this subsection (2.5), "investment firm" means a bank, brokerage firm, or other financial services firm conducting business within this state, or any agent thereof.

(3) Nothing in this section is intended to limit:

(a) The power of any public entity to invest any public funds in any security or other investment permitted to such public entities under any other valid law of the state; or

(b) The power of any home rule city, city and county, town, or county to invest any public funds in any security or other investment permitted under the charter or ordinance of such home rule city, city and county, town, or county; or

(c) The authority of the state board of regents to invest any funds available to the board in any security or other investment otherwise provided by law.

(3.5) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)

(4) Nothing in this section is intended to apply to public funds held or invested as part of any pension plan, full or supplemental retirement plan, or deferred compensation plan.
C.R.S. § 24-33-108 — CO Code / Title 24 / Article 33 / Part 1 / Section 24-33-108
24-33-108. Gifts, grants, and donations to the department - Colorado natural resources gift
Status: repealed

24-33-108. Gifts, grants, and donations to the department - Colorado natural resources gifts, grants, and donations fund. (1) The department of natural resources is authorized to receive or reject gifts, grants, and donations of money or property and, subject to the terms of any gift, grant, or donation and to the provisions of any applicable law, to hold the money or property in trust or invest, sell, expend, or exchange the money or property and use either principal or interest or the proceeds of sale or the exchanged property received for the benefit of the department and the public.

(2) The department of natural resources may cooperate with and assist any donor or foundation or similar organization intending to make gifts, grants, or donations to or for use by the department. The acceptance of any gift, grant, or donation must not commit the state to any expenditure of state funds.

(3) Any money or property received under this section and any money received from the investment of the money or property must be credited to a special fund known as the Colorado natural resources gifts, grants, and donations fund. The fund and any gifts, grants, or donations received by the department of natural resources pursuant to this section must not diminish any appropriations made to the department. Money in the fund shall not be expended in such a manner as to commit expenditures from the general fund or any cash fund that is designated for regulatory purposes within the division of water resources. The use of gifts, grants, and donations is subject to audit by the state auditor or the state auditor's designee, the cost of which audit shall be borne by the department.

(4) Repealed.
C.R.S. § 24-50-130 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-130
24-50-130. Form of records and reports
Status: in_force

24-50-130. Form of records and reports. The state personnel director shall prescribe the form of records and reports required to give effect to this article, and all appointing authorities shall maintain and submit the reports and records required.
C.R.S. § 24-33.5-215 — CO Code / Title 24 / Article 33.5 / Part 2 / Section 24-33.5-215
24-33.5-215. Political activity prohibited
Status: in_force

24-33.5-215. Political activity prohibited. No officer or other employee of the Colorado state patrol, while so employed, shall take part in promoting the candidacy of any candidate for any public office within this state, but nothing in this section shall be construed as denying any citizen the right to cast his individual vote.
C.R.S. § 24-50-1109 — CO Code / Title 24 / Article 50 / Part 11 / Section 24-50-1109
24-50-1109. Duties of the certified employee organization
Status: in_force

24-50-1109. Duties of the certified employee organization. (1) In performing its duties under this part 11, the certified employee organization shall represent the interests of all covered employees without discrimination or regard to membership in the certified employee organization, and shall negotiate partnership agreements that apply equally to all covered employees regardless of membership status in the certified employee organization. This does not limit the state and the certified employee organization from having a partnership agreement that also covers department or agency specific issues.

(2) The certified employee organization is not required to represent covered employees in personnel actions pursuant to section 13 (8) of article XII of the state constitution and sections 24-50-123, 24-50-124, 24-50-125, and 24-50-125.3 before the state personnel board or in any other proceeding not created by a partnership agreement negotiated pursuant to this part 11.

(3) (a) A certified employee organization shall not threaten, facilitate, support, or cause a state employee:

(I) Strike;

(II) Work stoppage;

(III) Work slowdown;

(IV) Group sick out; or

(V) Action that disrupts, on a widespread basis, the day-to-day functioning of the state or any of its agencies or departments.

(b) Any controversy concerning an activity prohibited by subsection (3)(a) of this section may be submitted to the division pursuant to section 24-50-1113. Upon finding that the certified employee organization has violated subsection (3)(a) of this section, the division shall award any appropriate relief, including but not limited to sanctions, fines, or decertification. If decertified by the division, an employee organization may including but not limited to sanctions, fines, or decertification. If decertified by the division, an employee organization may begin the certification process in section 24-50-1106 (2) after one year from the date of decertification.

(c) Nothing in this subsection (3) prohibits the certified employee organization from engaging in other concerted activities for the purpose of the partnership process of other mutual aid or protection, without interference, restraint, or coercion by the state.

(4) It shall constitute an unfair labor practice subject to review pursuant to section 24-50-1113 (3) for the certified employee organization to engage in the activities prohibited by this section, or to fail to discharge its duties under this section.

(5) Covered employees who are found to have engaged in prohibited conduct described in this section may be subject to disciplinary action up to and including termination.
C.R.S. § 24-75-403 — CO Code / Title 24 / Article 75 / Part 4 / Section 24-75-403
24-75-403. Capital reserve - creation - annual appropriation - definitions
Status: in_force

24-75-403. Capital reserve - creation - annual appropriation - definitions. (1) As used in this section:

(a) "Capital construction" has the same meaning as set forth in section 24-30-1301 (2).

(b) "Capital outlay" has the same meaning as set forth in section 24-75-112 (1)(a).

(c) "Capital renewal" has the same meaning as set forth in section 24-30-1301 (3).

(d) "Cash fund" means any fund established by law for a specific program or purpose; except that "cash fund" does not include the state general fund created by section 24-75-201, the lottery fund created in section 44-40-111, the highway users tax fund created in section 43-4-201, or the limited gaming fund created in section 44-30-701 (1).

(e) "Controlled maintenance" has the same meaning as set forth in section 24-30-1301 (4).

(f) "Depreciation" means an amount calculated in accordance with generally accepted accounting principles.

(g) "Depreciation period" means a period determined in fiscal procedures issued by the state controller.

(2) For each cash fund from which moneys are appropriated for capital outlay or capital construction, the principal department responsible for the accounting related to the fund shall identify in the fund balance report a capital reserve, which consists of an amount equal to the depreciation of the depreciable components of the capital outlay or the capital construction, based on the depreciation period.

(2.5) For each cash fund from which money is appropriated for an information technology capital project, the principal department responsible for the accounting related to the cash fund shall identify in the cash fund balance report an information technology capital reserve, which consists of an amount equal to the depreciation of the depreciable components of the information technology capital project, based on the depreciation period. The provisions of this subsection (2.5) do not apply to cash funds that are excluded from the requirements of section 24-37.5-127 pursuant to section 24-37.5-127 (1)(c).

(3) Any uncommitted capital reserves at the end of a fiscal year may be used for capital outlay, capital construction, capital renewal, or controlled maintenance, subject to an appropriation in the annual general appropriation act. This appropriation requirement applies even if the moneys in the fund are otherwise continuously appropriated.
C.R.S. § 24-33.5-1604 — CO Code / Title 24 / Article 33.5 / Part 16 / Section 24-33.5-1604
24-33.5-1604. Duties and powers of the division - rules
Status: in_force

24-33.5-1604. Duties and powers of the division - rules. (1) The division has the following duties and powers:

(a) To inquire into the threat of terrorism in Colorado and the state of preparedness to respond to that threat and to make recommendations to the governor and the general assembly;

(b) To cooperate with the United States department of homeland security and other agencies of the federal government and other states in matters related to terrorism;

(c) To do all things necessary for the implementation of this part 16, including but not limited to the power:

(I) To hire personnel;

(II) To contract with federal, state, local, and private entities; and

(III) To accept and expend federal and private funds.

(2) (a) The division shall create and implement terrorism preparedness plans. The plans shall include the following:

(I) State protocols and procedures concerning the prevention of, preparation for, response to, and recovery from any terrorist threat, terrorist act, or other terrorist-related activity;

(II) Establishment and issuance of protocols to guide state and local law enforcement and emergency response officials in responding to any case involving a suspected terrorist training activity described in section 18-9-120, C.R.S.;

(III) Coordination with appropriate governmental agencies, educational institutions, and private sector entities to develop protocols concerning access and security measures at biotechnology laboratories and facilities;

(IV) Coordination with appropriate state agencies to develop protocols concerning the handling, storage, and disposal of biological agents, chemical weapons, destructive devices, radioactive materials, and toxins when any such materials are obtained as evidence of a suspected terrorist training activity as described in section 18-9-120, C.R.S., act of terrorism, suspected act of terrorism, threat to commit an act of terrorism, or conspiracy to commit an act of terrorism.

(b) (I) In creating the terrorism preparedness plans, the division shall seek the advice and assistance of other federal, state, and local government agencies; business, labor, industrial, agricultural, civic, and volunteer organizations; and community leaders.

(II) The terrorism preparedness plans constitute specialized details of security arrangements for purposes of section 24-72-204 (2)(a)(VIII).

(3) (a) The division shall provide advice, assistance, and training to state and local government agencies in the development and implementation of terrorism preparedness plans and in conducting periodic exercises related to the plans.

(b) The division shall provide oversight of terrorism preparedness plans developed and implemented by state and local government agencies. The oversight does not usurp the authority of state and local government agencies, but will only provide peer review and comment in order to promote standardized methods of operation and to facilitate integration with plans adopted by other state and local government agencies throughout the state.

(c) State and local government agencies that develop terrorism preparedness plans shall submit copies of current, new, or amended plans to the division.

(4) The division may distribute to local government agencies any federal or other funds that become available for distribution.

(5) The division shall also:

(a) Build partnerships with first responders, agencies, and citizens in the public and private sectors;

(b) Coordinate activities with other state agencies and the all-hazards emergency management regions created by executive order of the governor;

(c) Develop and update a state strategy for homeland security;

(d) Facilitate, coordinate, and conduct capabilities assessments as necessary;

(e) Facilitate improvements in overall preparedness by developing coordinating mechanisms among Colorado's emergency management, homeland security, public safety, and public health agencies in order to deliver the capabilities necessary for all domestic disasters, whether natural or man-made, including acts of terror; and

(f) Coordinate protection activities among owners and operators of critical infrastructure and other tribal, state, local, regional, and federal agencies in order to help secure and protect critical infrastructure within the state.

(6) (a) The division shall implement section 24-33.5-1624 in order to ensure a secure telecommunications network in Colorado.

(b) The director of the division may promulgate rules related to telecommunications security in accordance with section 24-33.5-1624.
C.R.S. § 24-34-402 — CO Code / Title 24 / Article 34 / Part 4 / Section 24-34-402
24-34-402. Discriminatory or unfair employment practices - affirmative defense - definition
Status: in_force

24-34-402. Discriminatory or unfair employment practices - affirmative defense - definition. (1) It is a discriminatory or an unfair employment practice:

(a) (I) For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any individual otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry.

(II) With regard to a disability, it is not a discriminatory or an unfair employment practice for an employer to refuse to hire, to discharge, or to promote or demote an individual with a disability if there is no reasonable accommodation that the employer can make with regard to the disability that would allow the individual to satisfy the essential functions of the job and the disability actually disqualifies the individual from the job.

(b) (I) For an employment agency to:

(A) Refuse to list and properly classify for employment or refuse to refer an individual for employment in a known available job for which the individual is otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry; or

(B) Comply with a request from an employer for referral of applicants for employment if the request indicates either directly or indirectly that the employer discriminates in employment on account of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry.

(II) With regard to a disability, it is not a discriminatory or an unfair employment practice for an employment agency to refuse to list and properly classify for employment or to refuse to refer an individual for employment in a known available job for which the individual is otherwise qualified if there is no reasonable accommodation that the employer can make with regard to the disability that would allow the individual to satisfy the essential functions of the job and the disability actually disqualifies the applicant from the job.

(c) For a labor organization to exclude any individual otherwise qualified from full membership rights in the labor organization, to expel an individual from membership in the labor organization, or to otherwise discriminate against any of its members in the full enjoyment of work opportunity because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry;

(d) For any employer, employment agency, or labor organization to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or membership, or to make any inquiry in connection with prospective employment or membership that expresses, either directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry or intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification or required by and given to an agency of government for security reasons;

(e) For any person, whether or not an employer, an employment agency, a labor organization, or the employees or members thereof:

(I) To aid, abet, incite, compel, or coerce the doing of any act defined in this section to be a discriminatory or unfair employment practice;

(II) To obstruct or prevent any person from complying with the provisions of this part 4 or any order issued with respect thereto;

(III) To attempt, either directly or indirectly, to commit any act defined in this section to be a discriminatory or unfair employment practice;

(IV) To discriminate against any person because such person has opposed any practice made a discriminatory or an unfair employment practice by this part 4, because he has filed a charge with the commission, or because he has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to parts 3 and 4 of this article;

(f) For any employer, labor organization, joint apprenticeship committee, sponsor of an apprenticeship program registered pursuant to article 15.7 of title 8, or vocational school providing, coordinating, or controlling apprenticeship programs or providing, coordinating, or controlling on-the-job training programs or other instruction, training, or retraining programs:

(I) (A) To deny to or withhold from any qualified individual because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry the right to be admitted to or participate in an apprenticeship training program, an on-the-job training program, or any other occupational instruction, training, or retraining program.

(B) With regard to a disability, it is not a discriminatory or an unfair employment practice to deny or withhold the right to be admitted to or participate in any such program if there is no reasonable accommodation that can be made with regard to the disability that would allow the individual to satisfy the essential functions of the program and the disability actually disqualifies the individual from the program.

(II) To discriminate against any qualified individual in pursuit of such programs or to discriminate against the individual in the terms, conditions, or privileges of such programs because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry; or

(III) To print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for such programs, or to make any inquiry in connection with such programs that expresses, directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification;

(g) For any private employer to refuse to hire, or to discriminate against, any person, whether directly or indirectly, who is otherwise qualified for employment solely because the person did not apply for employment through a private employment agency; but an employer shall not be deemed to have violated the provisions of this section if such employer retains one or more employment agencies as exclusive suppliers of personnel and no employment fees are charged to an employee who is hired as a result of having to utilize the services of any such employment agency;

(h) (I) For any employer to discharge an employee or to refuse to hire or promote a person solely on the basis that such employee or person is married to or plans to marry another employee of the employer; but this subsection (1)(h)(I) does not apply to employers with twenty-five or fewer employees.

(II) It is not unfair or discriminatory for an employer to discharge an employee or to refuse to hire or promote a person for the reasons stated in subsection (1)(h)(I) of this section under circumstances where:

(A) One spouse directly or indirectly would exercise supervisory, appointment, or dismissal authority or disciplinary action over the other spouse;

(B) One spouse would audit, verify, receive, or be entrusted with moneys received or handled by the other spouse; or

(C) One spouse has access to the employer's confidential information, including payroll and personnel records.

(i) Unless otherwise permitted by federal law, for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; to require as a condition of employment nondisclosure by an employee of his or her wages; or to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information.

(1.3) (a) As used in subsections (1)(a) and (1.5) of this section and in this subsection (1.3), "harass" or "harassment" means to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication directed at an individual or group of individuals because of that individual's or group's membership in, or perceived membership in, a protected class, as described in subsection (1)(a) of this section, which conduct or communication is subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute a discriminatory or an unfair employment practice under subsection (1)(a) of this section and is a violation of subsection (1)(a) of this section if:

(I) Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual's employment;

(II) Submission to, objection to, or rejection of the conduct or communication is used as a basis for employment decisions affecting the individual; or

(III) The conduct or communication has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment.

(b) The nature of the work or the frequency with which harassment in the workplace occurred in the past is not relevant to whether the conduct or communication is a discriminatory or an unfair employment practice under subsection (1)(a) of this section.

(c) (I) Notwithstanding subsection (1)(a) of this section, petty slights, minor annoyances, and lack of good manners do not constitute harassment unless the slights, annoyances, or lack of manners, when taken individually or in combination and under the totality of the circumstances, meet the standards set forth in subsection (1.3)(a) of this section.

(II) Factors to consider under the totality of the circumstances include:

(A) The frequency of the conduct or communication, recognizing that a single incident may rise to the level of harassment;

(B) The number of individuals engaged in the conduct or communication;

(C) The type or nature of the conduct or communication, recognizing that conduct or communication that, at one time, was or is welcome between two or more individuals may become unwelcome to one or more of those individuals;

(D) The duration of the conduct or communication;

(E) The location where the conduct or communication occurred;

(F) Whether the conduct or communication is threatening;

(G) Whether any power differential exists between the individual alleged to have engaged in harassment and the individual alleging the harassment;

(H) Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading; and

(I) Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class.

(1.5) (a) When an employee proves that a supervisor unlawfully harassed that employee, as described in subsection (1.3)(a)(III) of this section, the employer may assert an affirmative defense to the harassment claim only if the employer establishes that:

(I) The employer has established a program that is reasonably designed to prevent harassment, deter future harassers, and protect employees from harassment. An employer's program satisfies this subsection (1.5)(a)(I) if the employer can demonstrate that:

(A) The employer takes prompt, reasonable action to investigate or address alleged discriminatory or unfair employment practices, as described in subsection (1)(a) of this section; and

(B) The employer takes prompt, reasonable remedial actions, when warranted, in response to complaints of discriminatory or unfair employment practices, as described in subsection (1)(a) of this section.

(II) The employer has communicated the existence and details of the program specified in subsection (1.5)(a)(I) of this section to both its supervisory and nonsupervisory employees; and

(III) The employee has unreasonably failed to take advantage of the employer's program specified in subsection (1.5)(a)(I) of this section.

(b) Nothing in this subsection (1.5) supersedes or eliminates any other analyses, evaluations, or standards of liability for harassment established in this section and through judicial interpretation of Title VII of the federal "Civil Rights Act of 1964", as amended, 42 U.S.C. sec. 2000e et seq.; the federal "Age Discrimination in Employment Act of 1967", as amended, 29 U.S.C. sec. 621 et seq.; Titles I and V of the federal "Americans with Disabilities Act of 1990", as amended, 42 U.S.C. sec. 12111 et seq.; the federal "Civil Rights Act of 1991", as amended, 42 U.S.C. sec. 1981a; and the United States constitution and amendments to the constitution.

(2) Notwithstanding any provisions of this section to the contrary, it is not a discriminatory or an unfair employment practice for the division of unemployment insurance in the department of labor and employment to ascertain and record the disability, sex, age, race, creed, color, or national origin of any individual for the purpose of making reports as may be required by law to agencies of the federal or state government only. The division may make and keep the records in the manner required by the federal or state law, but neither the division nor the department of labor and employment shall divulge the information to prospective employers as a basis for employment, except as provided in this subsection (2).

(3) Nothing in this section shall prohibit any employer from making individualized agreements with respect to compensation or the terms, conditions, or privileges of employment for persons suffering a disability if such individualized agreement is part of a therapeutic or job-training program of no more than twenty hours per week and lasting no more than eighteen months.

(4) Notwithstanding any other provision of this section to the contrary, it shall not be a discriminatory or an unfair employment practice with respect to age:

(a) To take any action otherwise prohibited by this section if age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular employer or where the differentiation is based on reasonable factors other than age; or

(b) To observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this section; except that, unless authorized in paragraph (a) of this subsection (4), no such employee benefit plan shall require or permit the involuntary retirement of any individual because of the age of such individual; or

(c) To compel the retirement of any employee who is sixty-five years of age or older and under seventy years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee and if such plan equals, in the aggregate, at least forty-four thousand dollars; or

(d) To discharge or otherwise discipline an individual for reasons other than age.

(5) Nothing in this section shall preclude an employer from requiring compliance with a reasonable dress code as long as the dress code is applied consistently.

(6) Notwithstanding any other provision of law, this section shall not apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

(7) For purposes of this section, "employer" shall not include any religious organization or association, except for any religious organization or association that is supported in whole or in part by money raised by taxation or public borrowing.

(8) Notwithstanding any other provision of this section to the contrary, it is not a discriminatory or an unfair employment practice with respect to sex for a person to consider sex when hiring an employee engaged in child-care-related domestic services.
C.R.S. § 24-53-110 — CO Code / Title 24 / Article 53 / Section 24-53-110
24-53-110. Civil employees of National Guard
Status: in_force

24-53-110. Civil employees of National Guard. Effective January 1, 1954, the provisions of this article are extended to civilian employees of the Colorado National Guard who are employed pursuant to the provisions of section 90 of the "National Defense Act", now codified at 32 U.S.C. sec. 709, as amended, and paid from funds allotted to the Colorado National Guard by the department of defense and who are not eligible for coverage pursuant to the public employees' retirement association, and, upon presentation of reports and payment of contributions as provided in sections 24-53-104 and 24-53-105, they shall be entitled to the basic protection afforded such employees, their dependents, and their survivors accorded to others by the federal old-age, survivors', disability, and health insurance system embodied in the social security act.
C.R.S. § 24-75-226.5 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-226.5
24-75-226.5. ARPA refinance state money cash fund - creation - reduction in general fund appr
Status: repealed

24-75-226.5. ARPA refinance state money cash fund - creation - reduction in general fund appropriations - legislative intent - 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) "Cash fund" means the ARPA refinance state money cash fund created in this section.

(c) "Companion fund" means a companion cash fund created by the state controller pursuant to section 24-75-226 (4)(c) that is associated with a cash fund and that includes only the money the state received from the coronavirus state fiscal recovery fund.

(d) "Coronavirus state fiscal recovery fund" has the same meaning as set forth in section 24-75-226 (1)(a.5).

(e) "Refinance discretionary account" means the refinance discretionary account created in the cash fund pursuant to subsection (1)(c) of this section.

(2) (a) The ARPA refinance state money cash fund is created in the state treasury. The cash fund consists of money transferred to the cash fund pursuant to subsection (3) of this section and any other money that the general assembly may appropriate or transfer to the cash fund.

(b) In accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the cash fund to the general fund.

(c) There is created in the cash fund the refinance discretionary account. The refinance discretionary account consists of money credited to the account pursuant to subsection (4)(a) of this section. The account is continuously appropriated to any department designated by the governor for any allowable purpose under the "American Rescue Plan Act of 2021", including expenditures necessary to respond to the public health emergency with respect to COVID-19.

(3) On July 1, 2024, the state treasurer shall transfer one billion three hundred ninety-four million six hundred twenty-three thousand six hundred sixteen dollars and sixty-two cents from the general fund to the cash fund.

(4) On July 1, 2024, the state treasurer shall transfer the following amounts from the cash fund:

(a) Two hundred forty-eight million two hundred forty-four thousand eighty-three dollars and sixty-two cents to the refinance discretionary account created in the cash fund pursuant to subsection (2)(c) of this section;

(b) Two hundred twelve million eight hundred eighty-one thousand five hundred seventy-six dollars to the behavioral and mental health cash fund, created in section 24-75-230;

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

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

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

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

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

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

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

(j) One hundred twenty-nine million two hundred ninety-three thousand two hundred forty-two dollars to the economic recovery and relief cash fund, created in section 24-75-228;

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

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

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

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

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

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

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

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

(s) One hundred sixty-three million five hundred forty-one thousand five hundred sixty-five dollars to the revenue loss restoration cash fund, created in section 24-75-227;

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

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

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

(w) Twenty-one million ninety thousand three hundred sixty-one dollars to the workers, employers, and workforce centers cash fund, created in section 24-75-231.

(5) (a) The money in the cash fund is subject to annual appropriation by the general assembly.

(b) It is the intent of the general assembly that money be appropriated from the cash fund as necessary to maintain the funding for programs initially funded by money that originated from the coronavirus state fiscal recovery fund.

(6) Money that originated from the cash fund that was transferred to another fund, other than the money in the refinance discretionary account, must be spent by December 31, 2026. Effective December 31, 2026, the state controller shall transmit any unexpended and unencumbered money transferred to a fund, other than the refinance discretionary account, pursuant to subsection (4) of this section that remains in that fund to the cash fund.

(7) On January 2, 2027, the state treasurer shall transfer all unexpended and unencumbered money in the cash fund, other than the money in the refinance discretionary account, to the general fund.

(8) On June 1, 2027, the state treasurer shall transfer all unexpended money in the refinance discretionary account to the general fund.

(9) This section is repealed, effective July 1, 2027.
C.R.S. § 24-33.5-1602 — CO Code / Title 24 / Article 33.5 / Part 16 / Section 24-33.5-1602
24-33.5-1602. Definitions
Status: in_force

24-33.5-1602. Definitions. As used in this part 16, unless the context otherwise requires:

(1) "Act of terrorism" has the same meaning set forth in 18 U.S.C. sec. 3077 (1) and 28 CFR 0.85 (l).

(2) "Biological agent" has the same meaning set forth in 18 U.S.C. secs. 178 (1) and 175 (b).

(3) "Chemical weapon" has the same meaning set forth in 18 U.S.C. sec. 229F (1).

(4) "Critical infrastructure" means those systems and assets, whether physical or virtual, that are vital to the state of Colorado so that the incapacity or destruction of such systems and assets would have a debilitating impact on public safety, public health, or economic security.

(5) "Destructive device" has the same meaning set forth in 18 U.S.C. sec. 921 (a)(4).

(6) "Director" means the director of the division.

(7) "Division" means the division of homeland security and emergency management created in section 24-33.5-1603.

(8) "Fusion center" means the program administered by the office of prevention and security, created in section 24-33.5-1606, that serves as the primary focal point within the state for receiving, analyzing, gathering, and sharing threat-related information among federal, state, local, tribal, nongovernmental, and private sector partners.

(9) "Homeland security advisor" means a person appointed by the governor to serve as counsel to the governor on homeland security issues and who may also serve as a liaison between the governor's office, the department of homeland security, and other homeland security and related organizations both inside and outside of the state.

(10) "Radioactive material" means a material that produces radiation at a level that is dangerous to human health or life.

(11) "Toxin" has the same meaning set forth in 18 U.S.C. secs. 178 (2) and 175 (b).
C.R.S. § 24-21-101 — CO Code / Title 24 / Article 21 / Part 1 / Section 24-21-101
24-21-101. Office at seat of government - duties - bond
Status: in_force

24-21-101. Office at seat of government - duties - bond. (1) The secretary of state shall keep office at the seat of government and perform all the duties which may be required of the secretary of state by law. The secretary of state shall have charge of and keep all the acts and resolutions of the territorial legislature and of the general assembly of the state, the enrolled copy of the constitution of the state, and all bonds, books, records, maps, registers, and papers of a public character which may be deposited, to be kept in the office. The secretary of state shall give a bond to the state of Colorado in the sum of ten thousand dollars, conditioned for the faithful discharge of the duties of the office, said bond to be approved by the governor and attorney general and to be deposited in the office of the state treasurer.

(2) The secretary of state shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title.
C.R.S. § 24-1-138 — CO Code / Title 24 / Article 1 / Section 24-1-138
24-1-138. Mandatory donation of services prohibited
Status: in_force

24-1-138. Mandatory donation of services prohibited. (1) A regulatory agency or other department, division, agency, branch, instrumentality, or political subdivision of state government shall not require:

(a) A person practicing a regulated profession or occupation to donate the person's professional services without compensation to another person as a condition of admission to or continued licensure, or other authorization to practice the profession or occupation; or

(b) Payment of money in lieu of uncompensated service.

(2) This section shall not be construed to prohibit the crediting of required hours of continuing education in exchange for hours of donated services by a person in a regulated profession or occupation.
C.R.S. § 24-33.5-1906 — CO Code / Title 24 / Article 33.5 / Part 19 / Section 24-33.5-1906
24-33.5-1906. Cybersecurity cash fund - cybersecurity gifts, grants, and donations account - c
Status: in_force

24-33.5-1906. Cybersecurity cash fund - cybersecurity gifts, grants, and donations account - creation. (1) (a) The cybersecurity cash fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of the money transferred to the fund pursuant to paragraph (b) of this subsection (1) and any other money that the general assembly may appropriate or transfer to the fund.

(b) On July 1, 2016, the state treasurer shall transfer seven million nine hundred thirty-two thousand twenty dollars from the general fund to the fund.

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

(3) The state treasurer shall credit any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year to the fund.

(4) Except for moneys in the cybersecurity gifts, grants, and donations account created in subsection (5) of this section, subject to annual appropriation by the general assembly, the regents of the university of Colorado may expend money from the fund for the purposes of this part 19.

(5) (a) The cybersecurity gifts, grants, and donations account, referred to in this subsection (5) as the "account", is hereby created in the cybersecurity cash fund. The account consists of any gifts, grants, or donations credited to the account pursuant to paragraph (b) of this subsection (5). Moneys in the account are continuously appropriated to the department of higher education for use by the regents of the university of Colorado for the purposes of this part 19.

(b) The regents of the university of Colorado may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 19. The regents of the university of Colorado shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the account.
C.R.S. § 24-72-303 — CO Code / Title 24 / Article 72 / Part 3 / Section 24-72-303
24-72-303. Records of official actions required - open to inspection - applicability
Status: in_force

24-72-303. Records of official actions required - open to inspection - applicability. (1) Each official action as defined in this part 3 shall be recorded by the particular criminal justice agency taking the official action. Such records of official actions shall be maintained by the particular criminal justice agency which took the action and shall be open for inspection by any person at reasonable times, except as provided in this part 3 or as otherwise provided by law. The official custodian of any records of official actions may make such rules and regulations with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office.

(2) If the requested record of official action of a criminal justice agency is not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact in writing, if requested by the applicant. In such notification, he shall state, in detail to the best of his knowledge and belief, the agency which has custody or control of the record in question.

(3) If the requested record of official action of a criminal justice agency is in the custody and control of the person to whom application is made but is in active use or in storage and therefore not available at the time an applicant asks to examine it, the custodian shall forthwith notify the applicant of this fact in writing, if requested by the applicant. If requested by the applicant, the custodian shall set a date and hour within three working days at which time the record will be available for inspection.

(4) (a) Upon completion of an internal investigation, including any appeals process, that examines the in-uniform or on-duty conduct of a peace officer, as described in part 1 of article 2.5 of title 16, related to an incident of alleged misconduct involving a member of the public, the entire investigation file, including the witness interviews, video and audio recordings, transcripts, documentary evidence, investigative notes, and final departmental decision is open for public inspection upon request; except that the custodian may first provide the requester with a summary of the investigation file and if, after reviewing the summary, the requester requests access to the investigation file, the custodian shall provide access to the entire investigation file subject to the provisions of subsections (4)(b), (4)(c), and (4)(d) of this section.

(b) Prior to providing access to the internal investigation file pursuant to subsection (4)(a) of this section, the custodian shall redact or remove the following information from the disclosed records:

(I) Any personal identifying information as defined by section 6-1-713 (2)(b);

(II) Any identifying or contact information related to confidential informants, witnesses, or victims;

(III) The home address, personal phone number, and personal e-mail address of a peace officer;

(IV) Any information prohibited for public release by state or federal law; except that internal investigation records examining in-uniform or on-duty conduct of a peace officer during an alleged incident of office misconduct while interacting with a member of the public does not fall within the definition of "personnel files" in section 24-72-202 (4.5);

(V) Any medical or mental health information;

(VI) Any identifying information related to a juvenile; and

(VII) Any nonfinal disciplinary recommendations.

(c) (I) In addition to the information required to be redacted pursuant to subsection (4)(b) of this section, prior to providing access to the internal investigation file pursuant to subsection (4)(a) of this section, the custodian may also redact only the following from disclosed records:

(A) Any compelled statements made by peace officers who are the subject of a criminal investigation or a filed criminal case directly related to conduct underlying the internal investigation;

(B) Any video interviews if an official transcript of the interview is produced, unless, after receiving the transcript, the requester requests the video;

(C) Any video or photograph that raises substantial privacy concerns for criminal defendants, victims, witnesses, or informants, including video reflecting nudity, a medical emergency, a mental health crisis, a victim interview, or the interior of a home or treatment facility. Whenever possible, the video should be redacted or blurred to protect the privacy interest while still allowing public release.

(D) The identity of officers who volunteered information related to the internal investigation but who are not a subject of the internal investigation; and

(E) Specific information that would reveal confidential intelligence information, confidential security procedures of a law enforcement agency or that, if disclosed, would compromise the safety of a peace officer, witness, or informant. However, nothing in this subsection (4)(c)(I)(E) justifies or permits the redaction or withholding of information describing or depicting use of force by a peace officer on a member of the public.

(II) If a record contains information redacted pursuant to this subsection (4)(c), the applicant may request a written explanation of the reasons for the redaction.

(d) A witness, victim, or criminal defendant may waive in writing the individual privacy interest that may be implicated by public release. Upon receipt of such a written waiver, accompanied by a request for release of the records, the custodian shall not redact, remove, or withhold records to protect the waived privacy interest.

(e) Notwithstanding the provisions of subsection (4)(a) of this section, the custodian of an internal investigation file as described in subsection (4)(a) of this section may deny inspection of the file if there is an ongoing criminal investigation or criminal case against a peace officer related to the subject of the internal investigation. The investigation file must be open for public inspection upon the dismissal of all charges or upon a sentence for a conviction.

(f) Any person who has been denied access to any information in a completed internal affairs investigation file may file an application in the district court in the county where the records are located for an order directing the custodian thereof to show cause why the withheld or redacted information should not be made available to the applicant. The court shall set the hearing on the order to show cause at the earliest practical time. If the court determines, based on its independent judgment, applying de novo review, that any portion or portions of the completed internal affairs investigation file were improperly withheld pursuant to this section, the court shall order the custodian to provide the applicant with a copy of those portions that were improperly withheld.

(g) Notwithstanding the provisions of subsections (4)(a) and (4)(e) of this section, the custodian of an internal investigation file as described in subsection (4)(a) of this section may deny inspection of the file if the inspection is prohibited by rules promulgated by the Colorado supreme court or by a court order.

(h) This subsection (4) applies to internal investigations initiated after April 12, 2019.

(5) Any compelled statement by a peace officer, or evidence derived from that compelled statement, may not be used against that officer in a criminal prosecution.
C.R.S. § 24-30-2113 — CO Code / Title 24 / Article 30 / Part 21 / Section 24-30-2113
24-30-2113. Rule-making authority
Status: in_force

24-30-2113. Rule-making authority. The executive director or his or her designee is authorized to adopt any rules in accordance with article 4 of this title deemed necessary to carry out the provisions of this part 21, excluding section 24-30-2114.
C.R.S. § 24-33.5-1104 — CO Code / Title 24 / Article 33.5 / Part 11 / Section 24-33.5-1104
24-33.5-1104. Temporary housing for disaster victims
Status: in_force

24-33.5-1104. Temporary housing for disaster victims. (1) Whenever the governor has proclaimed a disaster emergency under the laws of this state or the president of the United States has declared an emergency or a major disaster to exist in this state, the governor is authorized:

(a) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the state;

(b) To assist any political subdivision of the state which is the locus of temporary housing for disaster victims to acquire sites necessary for such temporary housing and to do all things required to prepare such sites to receive and utilize temporary housing units by:

(I) Advancing or lending funds available to the governor from any appropriation made by the general assembly or from any other source;

(II) Passing through funds made available by any agency, public or private; or

(III) Becoming a copartner with the political subdivision for the execution and performance of any temporary housing project for disaster victims; and

(c) Under such rules as the governor shall prescribe, to temporarily suspend or modify for not to exceed sixty days any public health, safety, zoning, transportation within or across the state, or other requirement of law or regulation within this state when by proclamation the governor deems such suspension or modification essential to provide temporary housing for disaster victims.

(2) Any political subdivision of the state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, which are necessary to prepare or equip such sites to utilize the housing units.
C.R.S. § 24-51-1004 — CO Code / Title 24 / Article 51 / Part 10 / Section 24-51-1004
24-51-1004. Annual increases for benefits effective prior to May 1, 1969
Status: repealed

24-51-1004. Annual increases for benefits effective prior to May 1, 1969. (Repealed)
C.R.S. § 24-21-117 — CO Code / Title 24 / Article 21 / Part 1 / Section 24-21-117
24-21-117. Encryption and data integrity techniques - research and development
Status: in_force

24-21-117. Encryption and data integrity techniques - research and development. In conjunction with the efforts of the office of information technology regarding cyber coding cryptology for state records pursuant to section 24-37.5-407, the department of state, in conjunction with upgrades to the department of state's business suite, shall consider research, development, and implementation for appropriate encryption and data integrity techniques, including distributed ledger technologies such as blockchains. After accepting business licensing records, the department of state shall consider ensuring the integrity of those transactions by secure methods, including distributed ledger technologies, to protect against falsification, create visibility to identify external hacking threats, and to improve internal data security. When distributing department of state data to other departments and agencies, the department of state shall consider using distributed ledger technologies, including blockchains, as a means of protecting data across jurisdictions.
C.R.S. § 24-33.5-2606 — CO Code / Title 24 / Article 33.5 / Part 26 / Section 24-33.5-2606
24-33.5-2606. Missing or murdered Indigenous relatives phone line
Status: in_force

24-33.5-2606. Missing or murdered Indigenous relatives phone line. The state's fusion center in the office of prevention and security, created in section 24-33.5-1606, shall create a dedicated phone line for missing or murdered Indigenous relatives. The phone line must operate twenty-four hours a day, seven days a week. The phone line must facilitate connecting a caller with the appropriate contact at either the office or the Colorado bureau of investigation.
C.R.S. § 24-46-201 — CO Code / Title 24 / Article 46 / Part 2 / Section 24-46-201
24-46-201. Definitions
Status: in_force

24-46-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Authority" means the venture capital authority created in section 24-46-202.

(2) "Certified capital" means an amount of cash that is contributed by a qualified taxpayer to the authority that is deposited in a venture capital fund.

(3) (a) "Distressed urban community" means an area within a city or city and county:

(I) Where a qualified business would not be a qualified rural business; and

(II) That has been designated as an enterprise zone pursuant to article 30 of title 39, C.R.S.

(b) If a distressed urban community's enterprise zone status is terminated pursuant to article 30 of title 39, C.R.S., a certified investment shall nevertheless continue to be considered an investment in a qualified business that has its principal business operation located in a distressed urban community if the location was in an enterprise zone at the time of the first qualified investment by the fund manager in the business.

(4) "Enterprise fund" means the enterprise fund created in section 24-46-202.

(5) "Fund manager" means a partnership, corporation, trust, or limited liability company that invests cash in qualified businesses or qualified rural businesses and is selected through the authority's competitive selection process to establish and manage one or more venture capital funds as described in this part 2. A fund manager shall have at least two years of money management experience in the venture capital industry or the equivalent as determined by the authority.

(6) "Premium tax liability" means the liability imposed by section 10-3-209 or 10-6-128, C.R.S., or, in the case of a repeal or reduction by the state of the liability imposed by section 10-3-209 or 10-6-128, C.R.S., any other tax liability imposed upon an insurance company by the state.

(7) "Proceeds" means any revenues arising from the use of certified capital, including, but not limited to, income generated from qualified investments and income generated from all certified capital not currently invested in qualified investments.

(8) (a) "Qualified business" means a business that, subject to paragraphs (b) and (c) of this subsection (8), meets all of the following criteria as of the time of a fund manager's first qualified investment in the business and as otherwise determined by the authority:

(I) The business:

(A) Is headquartered in this state and its principal business operations are located in this state; or

(B) Has entered into a contract with a fund manager to comply, within nine months after finalization of the contract, with sub-subparagraph (A) of this subparagraph (I) and the contract contains enforceable provisions requiring a return of any investment of certified capital and any other revenues required to be paid in the event of noncompliance with this subsection (8) or a contract provision;

(II) Is a small business;

(III) Is not a business predominantly engaged in:

(A) Professional services provided by accountants, doctors, or lawyers;

(B) Banking; lending; real estate development; insurance; oil and gas exploration; direct gambling activities, which do not include ancillary gambling businesses such as manufacturers of gaming equipment and others as defined by the authority; or

(C) Making loans to or investing in a fund manager or affiliates of a fund manager;

(IV) Does not receive an investment from a venture capital fund that exceeds fifteen percent of the venture capital fund's aggregate total of certified capital; and

(V) Maintains its business in this state for at least five years after first receiving an investment of certified capital and has entered into a contract with a fund manager to comply with this requirement. The contract shall contain enforceable provisions requiring a return of any investment of certified capital and any other revenues required to be paid in the event of noncompliance with this subparagraph (V) or a contract provision.

(b) If a business meets some, but not all, of the criteria set forth in paragraph (a) of this subsection (8), the business may nevertheless be deemed to be a qualified business if the authority determines that the investment of certified capital in the business proposed by a fund manager pursuant to this part 2 will further the economic development of the state.

(c) Any business that is classified as a qualified business at the time of the first qualified investment in the business by a fund manager shall remain classified as a qualified business, and may receive continuing qualified investments from a venture capital fund. The continuing investments shall be qualified investments even though the business may not meet the definition of a qualified business at the time of the continuing investments; except that a qualified business shall comply with subparagraph (V) of paragraph (a) of this subsection (8) for at least five years after an initial qualified investment to remain a qualified business and to receive continuing qualified investments.

(9) "Qualified distribution" means any distribution out of certified capital from a venture capital fund for expenses related to managing and operating the fund. Qualified distributions shall not exceed two and one-half percent annually of the total amount of certified capital allocated to each venture capital fund unless authorized by the authority after a review of extraordinary items. "Qualified distribution" does not include the use of certified capital for litigation challenging the validity, implementation, or effect of this part 2 or article 3.5 of title 10, C.R.S., lobbying, or governmental relations.

(10) (a) "Qualified investment" means, subject to paragraph (b) of this subsection (10), the investment of certified capital by a fund manager in a qualified business or qualified rural business, as applicable, for the purchase of any debt, debt participation, equity, or hybrid security, including a debt instrument or security that has the characteristics of debt but provides for conversion into equity or equity participation instruments, including, but not limited to, options or warrants; except that a fund manager shall use certified capital only to make seed and early-stage investments in qualified businesses or qualified rural businesses, as applicable; except that the authority may allow a qualified investment in a qualified rural business that is not a seed or early-stage investment if the investment is appropriate and later-stage capital investments are not otherwise available to the qualified rural business. An investment shall be deemed to be a qualified investment only if the qualified business or qualified rural business in which the investment is made expends the qualified investment within Colorado; except that this limitation shall not be deemed to preclude the purchase of services or goods from outside of Colorado if such services are performed and such goods are used in Colorado.

(b) A fund manager shall not make a loan to a qualified business or qualified rural business unless the business has received two written loan rejection letters from two different commercial banks headquartered or chartered in Colorado that make small business loans, one of which shall be a preferred lender designated by the federal small business administration. Any such loan by a fund manager shall not be made through or in connection with any guaranteed loan program.

(11) (a) "Qualified rural business" means a qualified business that has its principal business operations in any county, but not any city and county, in this state that, as of June 9, 2001, has a population of not more than one hundred fifty thousand people and, if the county's population exceeds twenty thousand people, that has a growth rate that does not exceed the statewide average for the period of 1990-2000 by more than twenty-five percent as defined in the two most recent decennial censuses. Additionally, a qualified rural business shall be located in an area designated as an enterprise zone pursuant to article 30 of title 39, C.R.S., unless the authority waives this requirement.

(b) Any business that is classified as a qualified rural business at the time of the first qualified investment in the business by a fund manager shall remain classified as a qualified rural business and may receive continuing qualified investments from a venture capital fund. The continuing investments shall be qualified investments even though the business may not meet the definition of a qualified rural business at the time of the continuing investments; except that, to remain a qualified rural business and to receive qualified investments, a qualified rural business shall comply with subparagraph (V) of paragraph (a) of subsection (8) of this section for at least five years after an initial qualified investment.

(12) "Qualified taxpayer" means an insurance company that has contributed certified capital to the authority and received a tax credit certificate from the authority pursuant to section 24-46-204; except that, upon payment of certified capital by a qualified taxpayer, the qualified taxpayer may transfer or sell all or a portion of its venture capital tax credits to another insurance company, in which case "qualified taxpayer" shall be deemed to refer to such insurance company. A transfer or sale of venture capital tax credits by a qualified taxpayer shall not affect the schedule for taking the venture capital tax credits as provided in this part 2.

(13) "Seed and early-stage investment" means the first investment from a professional venture capital firm to a qualified business. A seed investment is made to a qualified business that has not yet fully established commercial operations or that involves continued research and product development. An early-stage investment is made to a qualified business for product development or initial marketing, manufacturing, or sales activities.

(14) "Venture capital fund" means one or more rural venture capital funds, one or more distressed urban community venture capital funds, or one or more statewide venture capital funds as described in section 24-46-203 (1), located outside of the state treasury, containing certified capital that is managed by a fund manager to make qualified investments.

(15) "Venture capital tax credit" or "tax credit" means the tax credit created by section 24-46-204 that a qualified taxpayer may claim pursuant to this part 2.
C.R.S. § 24-49.7-109 — CO Code / Title 24 / Article 49.7 / Section 24-49.7-109
24-49.7-109. Colorado meeting and events incentive program - creation - policies - report - l
Status: repealed

24-49.7-109. Colorado meeting and events incentive program - creation - policies - report - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that:

(a) The COVID-19 pandemic has had severe impacts on Colorado residents and businesses, including those in the tourism and travel industries;

(b) The COVID-19 pandemic and the capacity restrictions, social distancing, and other public health measures implemented to contain the spread of the COVID-19 pandemic have led to the cancellation or delay of conventions, meetings, festivals, and other events that generate business and revenue for Colorado communities;

(c) Other events have been redesigned to accommodate public health measures, which may increase costs to organizers and participating businesses and individuals;

(d) The cancellations, delays, and additional costs have furthered the economic harm of the COVID-19 pandemic to Colorado communities, businesses, and residents across the state by eliminating or reducing a valuable stream of business earnings and tax revenues;

(e) Creating incentives to bring meetings and events back to Colorado and ensure that planned events are not cancelled or delayed will help provide needed growth and recovery to the tourism and travel industries, which play an essential role in the state's economy;

(f) Establishing a meeting and events incentive program will encourage meetings and events planners to book events in Colorado, bolster the tourism and travel economy with predictable and significant revenues from events, and build Colorado's market share for meetings and events-based tourism;

(g) Creating a meeting and events incentive program provides an important mechanism to ensure the state's economic recovery from the devastating impacts of the COVID-19 pandemic;

(h) The state money contributed to a meeting and events incentive program therefore serves an important and discrete public purpose in securing the state's economic and overall recovery from the crisis caused by the COVID-19 pandemic; and

(i) Supporting the state's recovery from the crisis caused by the COVID-19 pandemic is the primary purpose of the meeting and events incentive program and outweighs any benefit to private individuals or entities.

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

(a) "COVID-19-related costs" means hard costs that are directly related to complying with public health orders or other mandates issued by a competent government authority in response to the COVID-19 pandemic, as determined by the office in the guidelines established pursuant to subsection (4) of this section.

(b) "Eligible event" means a meeting, conference, festival, or other event that:

(I) Takes place in Colorado between July 1, 2021, and June 30, 2024;

(II) Generates at least twenty-five paid overnight stays at a lodging establishment as defined in section 6-25-201 (2), or a hotel, motel, resort, vacation rental, or other public establishment as defined in section 6-25-101 (3);

(III) Can demonstrate a significant economic benefit for a host community in accordance with guidelines established by the office pursuant to subsection (4) of this section; and

(IV) Meets any additional criteria established by the office in the guidelines established pursuant to subsection (4) of this section.

(c) "Fund" means the Colorado meeting and events incentive program fund created in subsection (5) of this section.

(d) "Hard costs" means actual incurred costs associated with hosting an event, including costs for rental space, food, nonalcoholic beverages, audio-visual equipment and other technology, transportation, or other actual incurred costs as determined by the office in the guidelines established pursuant to subsection (4) of this section. "Hard costs" does not include the purchase of alcohol beverages as defined in section 44-3-103 (2).

(e) "Program" means the Colorado meeting and events incentive program created in subsection (3) of this section.

(3) (a) There is hereby created within the office the Colorado meeting and events incentive program to provide rebates and direct support to eligible events. Subject to available appropriations, the office shall provide rebates and direct support as provided in this section and pursuant to the guidelines adopted by the office pursuant to subsection (4) of this section. The costs of the program, including the costs of marketing and promotion shall be paid out of the fund.

(b) The program may provide:

(I) A rebate of up to ten percent of the hard costs of an eligible event;

(II) A rebate of up to twenty-five percent for the COVID-19-related costs of an eligible event; and

(III) Direct support for attracting eligible events that affect multiple counties and have the potential to generate significant economic impact; except that the total costs of all such direct support must not exceed five percent of the total appropriation for the program.

(c) The primary organizer or booking agent of an eligible event may apply for rebates for an eligible event as provided in this section, subject to the guidelines adopted by the office pursuant to subsection (4) of this section.

(4) (a) The office shall establish and publicize guidelines for the program. At a minimum, the guidelines must address:

(I) The process for a primary organizer or booking agent to apply for and receive a rebate under the program;

(II) Any additional eligibility criteria for eligible events;

(III) Criteria for determining who is the primary organizer or booking agent of an eligible event that can apply for and receive a rebate for the eligible event;

(IV) The documentation or reporting required from recipients under the program;

(V) The percentage rebate that is available for hard costs and COVID-19-related costs for eligible events; and

(VI) The hard costs and COVID-19-related costs that are eligible for rebates under the program. The office shall consult with industry stakeholders in determining which hard costs and COVID-19-related costs are eligible for rebates under the program.

(b) In establishing the guidelines for the program, the office shall consider mechanisms to:

(I) Make rebates and direct support available equitably and proportionally across the state;

(II) Prioritize events with the potential to generate local business earnings and local tax revenues;

(III) Attract new eligible events to the state through the use of rebates and direct support; and

(IV) Make rebates and direct support available to retain existing eligible events where there is a demonstrated likelihood of cancellation, delay, or relocation in the absence of support and the cancellation, delay, or relocation would create significant harm for local business earnings and local tax revenues.

(c) The office may modify or amend the guidelines to respond to changes in the severity of the COVID-19 pandemic, modifications to public health orders and other responses to the COVID-19 pandemic, or changes in other circumstances related to the COVID-19 pandemic and the recovery from the COVID-19 pandemic.

(5) (a) The Colorado meeting and events incentive program fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (5)(d) of this section and any other money that the general assembly appropriates or transfers to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) Money in the fund is continuously appropriated to the office for the purposes specified in this section. The office may expend up to seven percent of the money appropriated to the fund to pay for its direct and indirect costs in implementing and administering this section. As used in this subsection (5)(c), "direct and indirect costs" does not include the costs of marketing and promoting the program.

(d) On June 14, 2021, the state treasurer shall transfer ten million dollars from the general fund to the Colorado meeting and events incentive program fund created in subsection (5)(a) of this section.

(e) The state treasurer shall transfer all unexpended and unencumbered money in the fund on December 31, 2024, to the general fund.

(6) The office may contract with a third party or parties to administer the program.

(7) On or before July 1, 2022, and on or before July 1 of the next three years, the office shall submit a report detailing the expenditure of money appropriated to the program to the governor and to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee, or their successor committees.

(8) This section is repealed, effective July 1, 2026.
C.R.S. § 24-33.5-1213.4 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1213.4
24-33.5-1213.4. School all-hazard emergency planning and response
Status: in_force

24-33.5-1213.4. School all-hazard emergency planning and response. (1) The school response framework created in section 22-32-109.1 (4), C.R.S., sets forth the framework for school emergency incident response and emergency preparedness, including emergency communications and the responsibilities of school resource officers. Pursuant to the school response framework, emergency response personnel are community partners with schools. As part of its duty to regularly inspect school buildings to ensure compliance with the fire code, the division, local fire departments, and certified fire inspectors may partner with schools in assessing each school's implementation of NIMS, the interoperability of the school's emergency communications equipment with state and local emergency response agencies, and the implementation of a school resource officer program.

(2) (a) As part of the division's duty, as set forth in section 24-33.5-1213, to enforce the provisions of section 22-32-124 (2), C.R.S., and section 24-33.5-1213.3, the division:

(I) Shall inquire of each school as to the number and type of any all-hazard drills conducted by the school, in addition to regular fire drills; and

(II) May inquire concerning:

(A) The school safety, readiness, and incident management plan developed pursuant to section 22-32-109.1 (4)(d), C.R.S.;

(B) The school's progress toward implementing NIMS and the incident command system pursuant to section 22-32-109.1, C.R.S., and in achieving communications interoperability with state and local emergency personnel;

(C) The nature and location of the school's emergency equipment, including communications equipment, and whether the communications equipment's interoperability with state and local emergency personnel has been tested separately or as part of an all-hazard drill; and

(D) Any other issues related to the school response framework, including but not limited to NIMS implementation, incident management, and communications interoperability with state and local emergency personnel.

(b) Inquiries made by the division pursuant to paragraph (a) of this subsection (2) that do not relate to the fire code shall not be the basis for a notice of deficiency or enforcement action.

(3) (a) Pursuant to its role as a community partner with schools, the division may, as part of its regular correspondence with schools, provide information to school safety personnel in school districts and schools, including but not limited to information related to NIMS and interoperable communications, courses and training on NIMS and interoperable communications, representation of schools at meetings held by community partners, best practices in incident management, and funding or grant opportunities related to emergency preparedness.

(b) The division shall collaborate with the office of information technology, created in section 24-37.5-103, the school safety resource center created in section 24-33.5-1803, and any other government entities and community partners as determined by the division to collect and disseminate information to school districts and schools as described in paragraph (a) of this subsection (3).
C.R.S. § 24-60-1602 — CO Code / Title 24 / Article 60 / Part 16 / Section 24-60-1602
24-60-1602. Compact approved and ratified
Status: in_force

24-60-1602. Compact approved and ratified. The general assembly approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

ARTICLE I

Purpose and Policy

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II

Definitions

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

(a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

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

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

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

(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined.

ARTICLE III

Contracts

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

1. Its duration.

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

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

4. Delivery and retaking of inmates.

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

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

ARTICLE IV

Procedures and Rights

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

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

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

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

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

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

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

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

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

ARTICLE V

Acts Not Reviewable in Receiving State: Extradition

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

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

ARTICLE VI

Federal Aid

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

ARTICLE VII

Entry into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII

Withdrawal and Termination

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

ARTICLE IX

Other Arrangements Unaffected

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

ARTICLE X

Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
C.R.S. § 24-33-205 — CO Code / Title 24 / Article 33 / Part 2 / Section 24-33-205
24-33-205. Management of state forest lands
Status: in_force

24-33-205. Management of state forest lands. (1) The department of natural resources and its divisions that own forested land, in consultation and cooperation with the state forester, shall actively manage all forested state lands, consistent with applicable laws and state best management practices, using the range of management options appropriate to the given forest ecosystem, to:

(a) Reestablish natural forest conditions;

(b) Reduce the threat of large, high-intensity wildfires;

(c) Sustain and promote natural habitat consistent with healthy forest conditions; and

(d) Protect and restore watersheds.
C.R.S. § 24-51-1747 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1747
24-51-1747. Portability between the Denver public schools division and the other four divisi
Status: in_force

24-51-1747. Portability between the Denver public schools division and the other four divisions within the association - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "DPS active member" means a person, as defined in subsection (2) of this section, who as of December 31, 2009, is an employee of the Denver public school district, the Denver public schools retirement system, or a Denver public school district charter school, and is a member of the Denver public schools retirement system. Active members include employees, other than part-time or hourly employees, on leave of absence from the Denver public school district, the Denver public schools retirement system, or a Denver public school district charter school on December 31, 2009.

(b) "DPS inactive member" means a person, as defined in subsection (3) of this section, who as of December 31, 2009, has a member account balance at the Denver public schools retirement system, is not employed by the Denver public school district, the Denver public schools retirement system, or a Denver public school district charter school, and is not receiving benefits from the Denver public schools retirement system.

(c) "Denver public schools retirement system" means the Denver public school district retirement system that will become the Denver public schools division within the association.

(d) "Freeze" or "frozen" means cessation of the collection of contributions and the granting of benefit or service accruals. However, interest will continue to accrue on frozen accounts at the applicable interest rate.

(e) "Nonretirement plan choice affiliate employer" means any employer, other than the state or the community colleges, affiliated with the association.

(f) "One-time irrevocable choice" refers to the choice of either the benefits as specified in this part 17 or the benefits under the PERA benefit structure. The choice period shall be a sixty-calendar-day choice period. Unless otherwise specified, the sixty-day choice period shall begin on the date the association receives the first contributions from the affiliated employer. If an individual is eligible to make a one-time irrevocable choice and fails to make the choice within the choice period, he or she will be automatically enrolled in the benefit structure with which the individual has accrued the most service credit at the beginning of the choice period. If the individual fails to make a choice and has service credit in both benefit structures and the amount of service credit in both structures is equal, then he or she will be automatically enrolled in the benefit structure with the most recent contribution prior to the first day of the choice period. Contributions received prior to a choice being made will be applied to the PERA benefit structure. Upon a choice being made within the sixty-day period, these contributions will be applied to the applicable division and the applicable benefit structure within that division. While the choice is pending, the individual shall not be allowed a refund or to retire.

(g) "Parties" means the association, the Denver public schools retirement system, and the Denver public school district.

(h) "PERA benefit structure" means the benefits provided in this article, except for the benefits provided for in part 15 of this article unless otherwise indicated, and except for the benefits provided for in this part 17.

(i) "Retirement plan choice affiliated employer" means the state or the community colleges of the state.

(j) "Denver public school district" means the school district sponsoring the Denver public schools retirement system.

(k) "Denver public school district charter school" means a charter school that was approved before January 1, 2010, by the Denver public school district board of education and that has employees participating in the Denver public schools retirement system before January 1, 2010, and that is certified as a Denver public school district charter school at the time of merger. "Denver public school district charter school" also means a charter school approved by the Denver public school board of education on or after January 1, 2010. A Denver public school district charter school is considered an employer within the Denver public schools division.

(l) "Denver public schools division" refers to the separate division created within the association that will consist solely of the Denver public school district and Denver public school district charter schools and have a separate benefit structure from the other divisions within the association. The benefit structure for the Denver public school district division shall be governed by the DPS plan document and this part 17, where applicable.

(2) (a) (I) A person who is not retired and is a DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who continues his or her employment with an employer within the Denver public schools division on and after January 1, 2010, shall continue to accrue a benefit under the school district division benefit structure as set forth in this part 17. Employment with any nonretirement plan choice eligible employer affiliated with the association other than the Denver public school district or a Denver public school district charter school on and after January 1, 2010, either concurrent or not concurrent, shall trigger a one-time irrevocable choice. This choice shall freeze the account not chosen. If the individual becomes an inactive member and decides to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, shall be under the PERA benefit structure in effect at that time.

(II) A person who is not retired and is a DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who continues his or her employment with an employer within the Denver public schools division on and after January 1, 2010, shall continue to accrue a benefit under the Denver public schools benefit structure as set forth in this part 17. Employment with any retirement plan choice employer affiliated with the association on and after January 1, 2010, without a twelve-month break in service, shall trigger a one-time irrevocable choice. The choice shall freeze the account not chosen. If the individual becomes an inactive member and decides to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(III) A person who is not retired and is a DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who continues his or her employment with an employer within the Denver public schools division on and after January 1, 2010, shall continue to accrue a benefit under the benefit structure as set forth in this part 17. If the individual is employed with any employer that is under the optional retirement plan choice pursuant to article 54.5 of this title, in an optional retirement plan choice position, he or she will have the choice as provided in article 54.5 of this title. For purposes of determining optional retirement plan choice eligibility, service credit within the benefit structure as set forth in this part 17 and service credit with the association will be combined. If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(IV) A person who is not retired and is a DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who continues his or her employment with an employer within the Denver public schools division on and after January 1, 2010, shall continue to accrue a benefit under the benefit structure as set forth in this part 17. If the individual is employed at the university of Colorado in a position defined as eligible for the university retirement plan, he or she will have the choice as provided in section 23-20-139, C.R.S. For purposes of determining university retirement plan choice eligibility, service credit within the benefit structure as set forth in this part 17 and service credit with the association will be combined. If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(b) (I) A DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who terminates employment with his or her employer and becomes inactive and is later reemployed by any nonretirement plan choice affiliated employer of the association, including the Denver public school district and a Denver public school district charter school, will trigger a one-time irrevocable choice. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(II) A DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who terminates employment with his or her employer and becomes inactive and is later reemployed by any retirement plan choice affiliated employer of the association within twelve months of the date of termination will trigger a one-time irrevocable choice. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(III) A DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who terminates employment with his or her employer and becomes inactive and is later reemployed by any retirement plan choice affiliated employer of the association after a twelve-month break in service will have a retirement plan choice pursuant to section 24-51-1503 (1). If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time. If the individual chooses to participate in the association's defined contribution plan, the individual may either elect to maintain his or her inactive account or direct that his or her member account be transferred to the defined contribution account; except that after-tax contributions shall be transferred to an after-tax account in the association's 401(k) account. If an individual elects to transfer his or her account pursuant to this subparagraph (III), the association shall transfer such account within ninety days after the employee's election becomes effective.

(IV) A DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who terminates employment with his or her employer and becomes inactive and is later reemployed by any employer that is under the optional retirement plan choice pursuant to article 54.5 of this title, in an optional retirement plan choice position, will have the choice as provided in article 54.5 of this title. For purposes of determining optional retirement plan choice eligibility, service credit within the benefit structure as set forth in this part 17 and service credit within the PERA benefit structure will be combined. If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(V) A DPS active member on January 1, 2010, with either an inactive account with the association or no account with the association who terminates employment with his or her employer and becomes inactive and is later reemployed at the university of Colorado in a position defined as eligible for the university retirement plan shall have the choice as provided in section 23-20-139, C.R.S. For purposes of determining university retirement plan choice eligibility, service credit within the benefit structure as set forth in this part 17 and service credit within the PERA benefit structure will be combined. If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(c) A DPS active member who is also a member of the association pursuant to section 24-51-101 (29) on January 1, 2010, will immediately be given a one-time irrevocable choice. The sixty-day choice period will begin on January 1, 2010. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with an affiliated employer of the association, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(3) (a) (I) A person who is not retired and is a DPS inactive member on January 1, 2010, who is subsequently employed by any nonretirement plan choice affiliated employer of the association, including the Denver public school district and a Denver public school district charter school, will trigger a one-time irrevocable choice. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(II) A person who is not retired and is a DPS inactive member on January 1, 2010, who is subsequently employed by any retirement plan choice affiliated employer of the association within twelve months of the date of termination will trigger a one-time irrevocable choice. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(III) A person who is not retired and is a DPS inactive member on January 1, 2010, who is subsequently employed by any retirement plan choice affiliated employer of the association after a twelve-month break in service will have a retirement plan choice pursuant to section 24-51-1503 (1). If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the benefit structure of the association in effect at that time. If the individual chooses to participate in the association's defined contribution plan, the individual may either elect to maintain his or her inactive account or direct that his or her member account be transferred to the defined contribution account; except that after-tax contributions shall be transferred to an after-tax account in the association's 401(k) account. If an individual elects to transfer his or her account pursuant to this subparagraph (III), the association will transfer such account within ninety days after the employee's election becomes effective.

(IV) A person who is not retired and is a DPS inactive member on January 1, 2010, who is subsequently employed by any employer that is under the optional retirement plan choice pursuant to article 54.5 of this title in an optional retirement plan choice position will have the choice as provided in article 54.5 of this title. For purposes of determining optional retirement plan choice eligibility, service credit within the benefit structure as set forth in this part 17 and service credit within the PERA benefit structure will be combined. If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(V) A person who is not retired and is a DPS inactive member on January 1, 2010, with either an inactive account with the association or no account with the association who is subsequently employed at the university of Colorado in a position defined as eligible for the university retirement plan will have the choice as provided in section 23-20-139, C.R.S. For purposes of determining university retirement plan choice eligibility, service credit within the benefit structure as set forth in this part 17 and service credit within the PERA benefit structure will be combined. If the individual chooses to participate in the defined benefit plan, it will trigger a one-time irrevocable choice. The sixty-day choice period shall begin upon the date the association is notified of the selection of the defined benefit plan. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with any association affiliated employer, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(b) A person who is not retired and is a DPS inactive member on January 1, 2010, who is also an active member of the association pursuant to section 24-51-101 (29) on January 1, 2010, will immediately be given a one-time irrevocable choice. The sixty-day choice period will begin on January 1, 2010. The choice shall freeze the account not chosen. If the individual becomes an inactive member and elects to take a refund, he or she shall refund all member accounts. Any subsequent employment after a refund with an affiliated employer of the association, including the Denver public school district or a Denver public school district charter school, will be under the PERA benefit structure in effect at that time.

(c) A DPS inactive member who is also an inactive member of the association who does not make a one-time irrevocable choice and subsequently retires from either benefit structure shall choose at time of retirement which of the two benefits to accrue upon returning to employment with any affiliated employer.

(4) Notwithstanding subsections (1), (2), and (3) of this section, any employment with a Denver public schools division employer prior to January 1, 2010, is considered employment with the association for purposes of the eligibility for retirement plan choice as specified in part 15 of this article.

(5) Any individual hired by the Denver public school district or a Denver public school district charter school on or after January 1, 2010, without an existing account in either the benefit structure under this part 17 or the PERA benefit structure shall be governed exclusively by the statutes and rules of the association as they exist at the time of hire.

(6) (a) A person who is a retiree of the Denver public schools retirement system before January 1, 2010, shall not be subject to the working retiree contributions or a benefit reduction due to postretirement employment with an affiliated employer of the association existing before January 1, 2010, as long as the retiree continues to be employed by that same employer. A retiree so situated shall be entitled to a second and entirely separate retirement coverage segment under the PERA benefit structure.

(b) (I) A retiree of the Denver public schools retirement system with no member contribution account with the association on January 1, 2010, who returns to work for any affiliated employer of the association, including the Denver public school district or a Denver public school district charter school, shall be subject to the provisions of this article and rules of the association governing employment after service retirement. The retiree may suspend and add a separate benefit segment to his or her Denver public schools retirement system benefit. The retiree shall not be entitled to accrue a benefit under the PERA benefit structure.

(II) An individual who retires under the benefit structure provided in this part 17 after January 1, 2010, who did not make a one-time irrevocable choice and returns to work for any affiliated employer of the association, including the Denver public school district or a Denver public school district charter school, shall be subject to the provisions of this article and rules of the association governing employment after service retirement. The individual may suspend and add a separate benefit segment to his or her Denver public schools retirement system benefit. The individual shall not be entitled to accrue a benefit under the PERA benefit structure.

(c) A retiree of the Denver public schools retirement system with an inactive account in the association on January 1, 2010, who is employed by an affiliated employer of the association, including the Denver public school district or a Denver public school district charter school, shall be subject to the provisions of this article and rules of the association governing employment after service retirement. If the retiree chooses to suspend his or her benefit, he or she must make a one-time irrevocable choice within sixty days from the date of suspension to either add to his or her inactive account under the benefit structure for that account or add a separate benefit segment to his or her Denver public schools retirement system benefit. The retiree shall not be required to suspend his or her retirement benefit but will not be able to add to the inactive account or add a separate segment to the Denver public schools retirement system benefit unless the Denver public schools retirement system benefit is suspended. If the inactive account is chosen, the retiree will be permanently ineligible to add a separate segment to the Denver public schools retirement system benefit. If adding a separate segment to the Denver public schools retirement system benefit is chosen, the retiree will be permanently ineligible to add to the inactive account.

(d) A Denver public schools retirement system retiree shall be considered a retiree of the association for purposes of part 15 of this article and article 54.5 of this title. A Denver public schools retirement system retiree shall also be considered a retiree of the association when employed by the university of Colorado after January 1, 2010.

(e) A retiree of the Denver public schools retirement system before January 1, 2010, who is an active member of the association's defined contribution plan shall not be subject to a benefit reduction due to postretirement employment with his or her employer as long as the retiree continues to be employed by that same employer. The retiree shall be entitled to continue to contribute to the defined contribution plan. If the retiree begins employment with another nonretirement plan choice employer, including the Denver public school district or a Denver public school district charter school, the retiree will be subject to the provisions of this article and rules of the association governing employment after service retirement. If the retiree chooses to suspend his or her benefit, he or she must add a separate benefit segment to his or her benefit as set forth in this part 17. The retiree shall not be required to suspend his or her retirement benefit, but will not be able to add a separate segment to the benefit as set forth in this part 17 unless the benefit is suspended.

(f) A retiree of the Denver public schools retirement system before January 1, 2010, who is an active member of the association's defined contribution plan shall not be subject to a benefit reduction due to postretirement employment with his or her employer as long as the retiree continues to be employed by that same employer. The retiree shall be entitled to continue to contribute to the defined contribution plan. If the retiree begins employment with another retirement plan choice employer without a twelve-month break in service, the retiree shall be subject to the provisions of this article and rules of the association governing employment after service retirement. If the retiree chooses to suspend his or her benefit within twelve months from the date of employment, he or she shall be placed into the defined contribution plan and will continue to build on his or her defined contribution account. If the retiree chooses to suspend after twelve months, he or she will build another segment onto the benefit as set forth in this part 17.

(g) An association retiree who is also a Denver public schools retirement system retiree on January 1, 2010, and who is subsequently employed by an affiliated employer of the association, including the Denver public school district or a Denver public school district charter school, shall be subject to the provisions of this article and rules of the association governing employment after service retirement with regard to both benefits. If the retiree does not suspend the benefits and works beyond the statutory limits, both retirement benefits shall be offset by five percent per day for every day worked beyond the limit. If the retiree chooses to suspend the benefits, he or she shall suspend both benefits and shall make a one-time irrevocable choice within sixty days from the date of suspension to either add to his or her association account under the benefit structure for that account or add a separate benefit segment to his or her benefit as set forth in this part 17. The retiree shall not be required to suspend his or her retirement benefits but will not be able to add to either account unless the benefits are suspended. If the association account is chosen, the retiree permanently forfeits the ability to add a separate segment to the benefit under this part 17. If the benefit under this part 17 is chosen, the retiree permanently forfeits the ability to add to the association account.

(7) (a) A person who is a retiree of the association and a DPS active member before January 1, 2010, shall not be subject to a benefit reduction due to postretirement employment with the Denver public school district or a Denver public school district charter school as long as the retiree continues to be employed by the same employer. A retiree so situated shall be entitled to a second and entirely separate retirement coverage segment under the benefit structure as set forth in this part 17. If such a retiree terminates employment with that employer, the retiree shall be subject to the provisions of this article and rules of the association governing employment after service retirement if reemployed by any affiliated employer. If the retiree chooses to suspend his or her benefit, the retiree shall make a choice within sixty days from the date of suspension to either add to his or her account under the PERA benefit structure for that account or add to his or her account as set forth in this part 17. The retiree shall not be required to suspend his or her retirement benefit, but will not be able to add to the benefit or add to the account under this part 17 unless the retirement benefit is suspended. If the association account is chosen, the retiree permanently forfeits the ability to add to the account under this part 17. If the account under this part 17 is chosen, the retiree permanently forfeits the ability to add to the association account. If the retiree does not suspend the association benefit, the separate segment of coverage will become an inactive account.

(b) Subject to the provisions of paragraph (d) of this subsection (7), a retiree of the association with no member account in the Denver public schools retirement system on January 1, 2010, who is employed by the Denver public school district or a Denver public school district charter school after January 1, 2010, shall be subject to the provisions of this article and rules of the association governing employment after service retirement.

(c) A retiree of the association with an inactive account with the Denver public schools retirement system on January 1, 2010, who is employed by any affiliated employer, including the Denver public school district or a Denver public school district charter school, beginning on or after January 1, 2010, shall be subject to the provisions of this article and rules of the association governing employment after service retirement. If the retiree chooses to suspend his or her benefit, he or she shall make a one-time irrevocable choice within sixty days from the date of suspension to either add to his or her account with the association under the benefit structure for that account or add to the account as set forth in this part 17. The retiree shall not be required to suspend his or her retirement benefit, but will not be able to add to either account unless the retirement benefit is suspended. If the association account is chosen, the retiree permanently forfeits the ability to add to the account under this part 17. If the account under this part 17 is chosen, the retiree permanently forfeits the ability to add to the association account.

(d) A retiree of the association who was not a member of the Denver public schools retirement system on December 31, 2009, but who was employed by the Denver public school district or a Denver public school district charter school as an hourly employee on December 31, 2009, shall not be subject to a benefit reduction due to postretirement employment with the Denver public school district or a Denver public school district charter school as long as the retiree continues to be employed by the same employer. The retiree shall be subject to the working retiree contributions beginning January 1, 2011, as specified in section 24-51-1101 (2), and the employer shall be required to remit employer contributions as specified in section 24-51-1101 (2), plus the applicable amortization equalization disbursement and supplemental amortization equalization disbursement as specified in section 24-51-411.

(8) An individual may reinstate time within the benefit structure that he or she is in as long as the time is not concurrent with the time, either earned or purchased, in the other benefit structure. The cost to reinstate the time shall be the cost required by the association's statutes and rules. An individual may purchase, at the actuarial cost according to the association's statutes and rules, time that has been previously refunded in the other benefit structure as long as the time is not concurrent with time, either earned or purchased, in the other benefit structure. The limits on the amount of service credit an individual may purchase set forth in this article shall apply to members under the benefit structure in this part 17.

(9) (a) A disability application submitted to the Denver public schools retirement system prior to January 1, 2010, shall be processed in accordance with this part 17.

(b) Any disability application submitted to the association on or after January 1, 2010, shall be processed in accordance with the provisions of this article and rules of the association.

(c) An individual shall not be eligible for disability benefits based on an account that is frozen.

(10) A frozen account shall be considered an inactive account for purposes of survivor benefit eligibility.

(11) Any time an individual continues to accrue a benefit under this part 17 while employed by an association affiliated employer other than the Denver public school district or a Denver public school district charter school, the individual's salary for pension purposes shall be governed by the association's definition of salary. On and after January 1, 2010, individuals in the Denver public schools division shall earn service credit based on the association's accrual rate of one month of service earned if the member receives eighty times federal minimum wage in one month while employed by a PERA affiliated employer, including the Denver public school district or a Denver public school district charter school.

(12) A retiree or a beneficiary receiving a benefit from the Denver public schools retirement system, a disability retiree of the Denver public schools retirement system who applied for a disability retirement benefit prior to January 1, 2010, and a survivor benefit recipient based on an account of a person who died prior to January 1, 2010, shall have his or her benefits paid in accordance with the benefit structure as set forth in this part 17. For administrative convenience, annual benefit adjustments for such individuals may be scheduled so that the adjustments coincide with the dates on which benefit adjustments are effective under the rules of the association. Within the first calendar year following the effective merger date, it shall not be the intention of the association to deny an anticipated annual increase or to grant an additional increase to any annuitant, beneficiary, or survivor, as defined in section 24-51-1702, but rather that the association will administer an appropriate annual increase considering any differences between the administrative procedures under the DPS plan and the association in relation to the timing of the payment of such increase.

(13) The funding of a benefit based on an account that has contributions from the Denver public schools division shall be funded in the same manner as the association funds the benefit based on an account that has contributions in any one of the other four divisions as provided in section 24-51-208 (4).
C.R.S. § 24-32-124 — CO Code / Title 24 / Article 32 / Part 1 / Section 24-32-124
24-32-124. Law enforcement community services grant program - committee - policies and proc
Status: in_force

24-32-124. Law enforcement community services grant program - committee - policies and procedures - fund - rules - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Committee" means the law enforcement community services grant program committee established pursuant to subsection (3)(a) of this section.

(b) "Division" means the division of local government created pursuant to section 24-32-103.

(c) "Eligible recipient" means a law enforcement agency or a group of county or municipal entities or community organizations, so long as one of the agencies or entities is a law enforcement agency.

(d) "Executive director" means the executive director of the department of local affairs.

(e) "Law enforcement agency" means a county sheriff's office, municipal police force, the Colorado state patrol, or the Colorado bureau of investigation.

(f) "Program" means the law enforcement community services grant program created pursuant to subsection (2) of this section.

(2) (a) There is created in the division the law enforcement community services grant program to provide grants to law enforcement agencies, local government entities, and community organizations to improve services to the communities through community policing and outreach; drug intervention, prevention, treatment, and recovery; technology; training; and other community services.

(b) The division shall administer the program and, subject to available appropriations, shall award grants as provided in this section. Subject to available appropriations, grants shall be paid out of the fund created in subsection (5) of this section.

(c) The executive director shall develop such policies and procedures as are required in this section and such additional policies and procedures as may be necessary to implement the program. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant application, the time frames for distributing grant money, and criteria to be used in awarding and denying grants. The executive director shall determine the recipients of grants and the amount of each grant.

(3) (a) There is created in the division the law enforcement community services grant program committee to make recommendations to the executive director on the policies and procedures developed pursuant to subsection (2)(c) of this section, review grant applications, and recommend which grants should be approved. The committee consists of the following members:

(I) A representative of the department of local affairs appointed by the executive director who shall chair the committee;

(II) A representative of the department of public safety appointed by the executive director of the department of public safety;

(III) A representative of the department of law appointed by the attorney general;

(IV) The following persons appointed by the governor:

(A) A representative of a statewide organization of district attorneys;

(B) A representative of a statewide organization of county sheriffs;

(C) A representative of a statewide organization of chiefs of police;

(D) A representative of a statewide organization of law enforcement officers;

(E) A representative of a statewide organization of counties;

(F) A representative of a statewide organization of municipalities;

(G) A representative of a drug treatment provider;

(H) A representative of a nonprofit organization that advocates for civil liberties; and

(I) Four additional members who are not members of any of the entities described in subsections (2)(b)(IV)(A) to (2)(b)(IV)(H) of this section, but who represent community organizations that provide services to the community and represent the diverse geographic areas and the ethnic and racial diversity and gender balance within the state;

(V) A member of the senate appointed by the president of the senate; and

(VI) A member of the house of representatives appointed by the speaker of the house of representatives.

(b) The members appointed pursuant to subsection (3)(a)(IV) of this section serve terms of four years; except that the members first appointed pursuant to subsections (3)(a)(IV)(A), (3)(a)(IV)(C), (3)(a)(IV)(E), and (3)(a)(IV)(G) shall serve terms of two years; and the members first appointed pursuant to subsections (3)(a)(IV)(B), (3)(a)(IV)(D), (3)(a)(IV)(F), and (3)(a)(IV)(H) shall serve terms of three years.

(c) Except for the legislative members, members of the committee do not receive compensation or reimbursement for expenses incurred for serving on the committee.

(d) If fewer than all the members of the committee identified in subsection (3)(a) of this section are appointed as of June 30, 2023, the executive director shall, in the executive director's sole discretion, determine the number of members of the committee; except that the committee must consist of at least nine members.

(4) To receive a grant, an eligible recipient must submit an application to the division in accordance with policies and procedures developed pursuant to subsection (2)(c) of this section.

(5) (a) 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 law enforcement community services grant program fund created pursuant to subsection (5)(b) of this section.

(b) The law enforcement community services grant program fund is created in the state treasury. The fund consists of money transferred to the fund pursuant to section 16-13-311, any other money that the general assembly may appropriate or transfer to the fund, and any gifts, grants, or donations received by the division. Subject to annual appropriation by the general assembly, the division may only expend money from the fund for the grants awarded pursuant to this section and for up to five percent of the money in the fund for the direct and indirect costs incurred in administering the program. Any unexpended and unencumbered money from an appropriation made for the purposes of this section remains available for expenditure by the division in the next fiscal year without further appropriation.

(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(6) The department of local affairs shall include a summarized report of the activities of the program in the department's annual presentation to the committees of reference pursuant to section 2-7-203. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in this section continue indefinitely.

(7) Notwithstanding any other provision of this section, the division is not required to implement the program until sufficient funds are received in the fund created in subsection (5) of this section.
C.R.S. § 24-6-308 — CO Code / Title 24 / Article 6 / Part 3 / Section 24-6-308
24-6-308. Prohibited practices
Status: in_force

24-6-308. Prohibited practices. (1) No person engaged in lobbying shall:

(a) Make any agreement under which any consideration is to be given, transferred, or paid to any person contingent upon the passage or defeat of any legislation; the making or defeat of any rule, standard, or rate by any state agency; or the approval or veto of any legislation by the governor of this state;

(b) Knowingly attempt to deceive, or make a false statement to, a covered official regarding any material fact relating to a matter that is within the scope of duties of the covered official;

(c) Conceal from a covered official the identity of the person or entity for whom the lobbyist is lobbying;

(d) Knowingly use a fictitious name, or a real name without the consent of the person whose name is used, to communicate with a covered official;

(e) Knowingly represent an interest adverse to the lobbyist's client without first obtaining the consent of the client after full disclosure by the lobbyist of the adverse interest;

(f) Make any form of payment to a covered official as compensation for any interest in real or personal property or the provision of services in excess of the amount of compensation that would be paid by a person who is not a lobbyist for such interest or services in the ordinary course of business;

(g) Make a loan to a covered official or engage in any other transaction with a covered official with the intention of making the covered official personally obligated to the lobbyist;

(h) Attempt to influence the vote of a covered official in connection with any pending matter by threat of a political reprisal, including without limitation the promise of financial support of, or opposition to, the covered official's candidacy at any future election;

(i) Seek to influence a covered official by communicating with the covered official's employer;

(j) Cause to be introduced, or influence the introduction of, any bill, resolution, amendment, standard, rule, or rate for the purpose of afterwards being employed to secure its passage or defeat;

(k) Receive compensation for lobbying while serving as a state officer or employee of the state central committee of a political party;

(l) Make a campaign contribution in excess of the applicable limitations established by law or rule or make, solicit, or promise to solicit a campaign contribution during the period when lobbyists are prohibited from making such contributions under section 1-45-105.5, C.R.S.;

(m) Employ, subcontract, or pay compensation to a person for lobbying who has not registered as a lobbyist; or

(n) Engage in any other practice that discredits the practice of lobbying or the general assembly.

(2) Any person who believes that a lobbyist has committed any act or omission in violation of this section may file a complaint with the secretary of state or any member of the executive committee of the general assembly in accordance with the procedures for filing a complaint against a lobbyist under the joint rules of the senate and the house of representatives. Upon receipt of a complaint, the secretary of state may act upon alleged violations of this section to enforce governing laws or rules or may refer the matter to the executive committee of the general assembly.
C.R.S. § 24-48.5-401 — CO Code / Title 24 / Article 48.5 / Part 4 / Section 24-48.5-401
24-48.5-401. Short title
Status: in_force

24-48.5-401. Short title. The short title of this part 4 is the "Regional Talent Development Initiative Act".
C.R.S. § 24-77-103.9 — CO Code / Title 24 / Article 77 / Part 1 / Section 24-77-103.9
24-77-103.9. Over-refunds of and unrefunded state revenues - records and disclosure
Status: in_force

24-77-103.9. Over-refunds of and unrefunded state revenues - records and disclosure. (1) The department of revenue shall maintain a record of:

(a) Any amount of over-refund, as defined in section 24-77-103.7 (1), made in each fiscal year commencing on and after July 1, 2004; and

(b) Any amount of state revenues in excess of the limitation on state fiscal year spending for any fiscal year commencing on or after July 1, 2004, that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required by the end of the next fiscal year.

(2) The amount of any over-refunds or unrefunded excess state revenues, as determined by the records maintained pursuant to subsection (1) of this section, for any fiscal year commencing on and after July 1, 2004, shall be disclosed in the state financial report required to be prepared by the controller pursuant to section 24-77-106.5 for such fiscal year.