C.R.S. § 24-10-115.5 — CO Code / Title 24 / Article 10 / Section 24-10-115.5
24-10-115.5. Authority for public entities to pool insurance coverage
Status: reserved

24-10-115.5. Authority for public entities to pool insurance coverage. (1) Public entities may cooperate with one another to form a self-insurance pool to provide all or part of the insurance coverage authorized by this article or by section 29-5-111, C.R.S., for the cooperating public entities. Any such self-insurance pool may provide such coverage by the methods authorized in sections 24-10-115 (2) and 24-10-116 (2), by any different methods if approved by the commissioner of insurance, or by any combination thereof. Any such insurance pool shall be formed pursuant to the provisions of part 2 of article 1 of title 29, C.R.S. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of such self-insurance pool.

(2) Any self-insurance pool authorized by subsection (1) of this section shall not be construed to be an insurance company nor otherwise subject to the laws of this state regulating insurance or insurance companies; except that the pool shall comply with the applicable provisions of sections 10-1-203 and 10-1-204 (1) to (5).

(3) Prior to the formation of a self-insurance pool, there shall be submitted to the commissioner of insurance a complete written proposal of the pool's operation, including, but not limited to, the administration, claims adjusting, membership, and capitalization of the pool. The commissioner shall review the proposal within thirty days after receipt to assure that proper insurance techniques and procedures are included in the proposal. After such review, the commissioner shall have the right to approve or disapprove the proposal. If the commissioner approves the proposal, he shall issue a certificate of authority. The costs of such review shall be paid by the public entities desiring to form such a pool. Any such payment received by the commissioner is hereby appropriated to the division of insurance in addition to any other funds appropriated for its normal operation.

(4) Each self-insurance pool for public entities created in this state shall file, with the commissioner of insurance on or before March 30 of each year, a written report in a form prescribed by the commissioner, signed and verified by its chief executive officer as to its condition. Such report shall include a detailed statement of assets and liabilities, the amount and character of the business transacted, and the moneys reserved and expended during the year.

(5) The commissioner of insurance, or any person authorized by him, shall conduct an insurance examination at least once a year to determine that proper underwriting techniques and sound funding, loss reserves, and claims procedures are being followed. This examination shall be paid for by the self-insurance pool out of its funds at the same rate as provided for foreign insurance companies under section 10-1-204 (9), C.R.S.

(6) (a) The certificate of authority issued to a public entity under this section may be revoked or suspended by the commissioner of insurance for any of the following reasons:

(I) Insolvency or impairment;

(II) Refusal or failure to submit an annual report as required by subsection (4) of this section;

(III) Failure to comply with the provisions of its own ordinances, resolutions, contracts, or other conditions relating to the self-insurance pool;

(IV) Failure to submit to examination or any legal obligation relative thereto;

(V) Refusal to pay the cost of examination as required by subsection (5) of this section;

(VI) Use of methods which, although not otherwise specifically proscribed by law, nevertheless render the operation of the self-insurance pool hazardous, or its condition unsound, to the public;

(VII) Failure to otherwise comply with the law of this state, if such failure renders the operation of the self-insurance pool hazardous to the public.

(b) If the commissioner of insurance finds upon examination, hearing, or other evidence that any participating public entity has committed any of the acts specified in paragraph (a) of this subsection (6) or any act otherwise prohibited in this section, the commissioner may suspend or revoke such certificate of authority if he deems it in the best interest of the public. Notice of any revocation shall be published in one or more daily newspapers in Denver which have a general state circulation. Before suspending or revoking any certificate of authority of a public entity, the commissioner shall grant the public entity fifteen days in which to show cause why such action should not be taken.

(7) Any public entity pool formed under this article and under article 13 of title 29, C.R.S., and the members thereof, may combine and commingle all funds appropriated by the members and received by the pool for liability or property insurance or self-insurance or for other purposes of the pool.

(8) (a) Any self-insurance pool organized pursuant to this section may invest in securities meeting the investment requirements established in part 6 of article 75 of this title and may also invest in membership claim deductibles and in any other security or other investment authorized for such pools by the commissioner of insurance.

(b) Any public entity which is a member of a self-insurance pool which is organized pursuant to this section or any instrumentality formed by two or more of such members may invest in subordinated debentures issued by such self-insurance pool.

(9) In addition to liability coverage pursuant to subsection (1) of this section and property coverage pursuant to section 29-13-102, a self-insurance pool authorized by subsection (1) of this section may provide workers' compensation coverage pursuant to section 8-44-204.
C.R.S. § 24-75-217 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-217
24-75-217. Restoration of funds transferred to augment the general fund for the 2001-02 fis
Status: repealed

24-75-217. Restoration of funds transferred to augment the general fund for the 2001-02 fiscal year. (Repealed)
C.R.S. § 24-33.5-415.8 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-415.8
24-33.5-415.8. Missing persons alert program - definitions - rules
Status: in_force

24-33.5-415.8. Missing persons alert program - definitions - rules. (1) The general assembly hereby finds that, in the case of a missing senior citizen, missing person with developmental disabilities, or missing person with a dementia disease and related disability, the first few hours are critical in finding the person. To aid in the identification and location of missing persons, there is hereby created the missing senior citizen, missing person with developmental disabilities, and missing person with a dementia disease and related disability alert program, referred to in this section as the "program", to be implemented by the bureau. The program shall be a coordinated effort among the bureau, local law enforcement agencies, and the state's public and commercial television and radio broadcasters.

(2) For the purposes of this section:

(a) "Missing person with a dementia disease and related disability" means a person:

(I) Whose whereabouts are unknown;

(II) Whose domicile at the time he or she is reported missing is Colorado;

(III) Who has a dementia disease or related disability, as defined in section 25-1-502 (2.5); and

(IV) Whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency.

(a.5) "Missing person with developmental disabilities" means a person:

(I) Whose whereabouts are unknown;

(II) Whose domicile at the time he or she is reported missing is Colorado;

(III) Who has a verified developmental disability; and

(IV) Whose disappearance poses a credible threat to the safety and health of himself or herself, as determined by a local law enforcement agency.

(b) "Missing senior citizen" means a person:

(I) Whose whereabouts are unknown;

(II) Whose domicile at the time he or she is reported missing is Colorado;

(III) Whose age at the time he or she is first reported missing is sixty years of age or older and who has a verified impaired mental condition; and

(IV) Whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency.

(3) (a) The bureau shall implement the program as provided in this subsection (3) and pursuant to rules promulgated as provided in subsection (4) of this section.

(b) (I) When a local law enforcement agency receives notice that a senior citizen or person with a dementia disease and related disability is missing, the agency shall require the person's family or legal guardian to provide documentation of the person's impaired mental condition. The agency may follow a procedure established by rule to verify the person is missing and has an impaired mental condition. Once the local law enforcement agency verifies the person is missing and has a verified impaired mental condition, the local law enforcement agency may notify the bureau.

(II) When a local law enforcement agency receives notice that a person with developmental disabilities is missing, the agency shall require the family, legal guardian, or service provider of the missing person with developmental disabilities to provide documentation of the person's developmental disability. The agency may follow a procedure established by rule to verify the person is missing and has a developmental disability. Once the local law enforcement agency verifies the person with developmental disabilities is missing, the local law enforcement agency may notify the bureau.

(c) When notified by a local law enforcement agency that a senior citizen or person with a dementia disease and related disability is missing and has a verified impaired mental condition, or a person with documented developmental disabilities is missing, the bureau shall confirm the accuracy of the information and then issue an alert.

(d) The alert shall be sent to designated media outlets in Colorado. Participating radio stations, television stations, and other media outlets may issue the alert at designated intervals as specified by rule.

(e) The alert shall include all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing person and a statement instructing anyone with information related to the missing person to contact his or her local law enforcement agency.

(f) The alert shall be canceled upon bureau notification that the missing person has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing person who is the subject of an alert shall notify the bureau as soon as possible that the missing person has been located.

(4) The executive director of the department of public safety shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, for the implementation of the program. The rules shall include, but need not be limited to:

(a) Procedures for a local law enforcement agency to use to verify whether a senior citizen, person with developmental disabilities, or person with a dementia disease and related disability is missing and to verify whether a senior citizen or person with a dementia disease and related disability has an impaired mental condition or whether a person has a developmental disability and the circumstances under which the agency shall report the missing person to the bureau;

(b) The process to be followed by the bureau in confirming the local law enforcement agency's information;

(c) The process for reporting the information to designated media outlets in Colorado; and

(d) Any additional processes concerning implementation of the program.
C.R.S. § 24-21-523 — CO Code / Title 24 / Article 21 / Part 5 / Section 24-21-523
24-21-523. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of no
Status: in_force

24-21-523. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. (1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for:

(a) Failure to comply with this part 5;

(b) A substantial and material misstatement or omission of fact in the application for a commission as a notary public submitted to the secretary of state;

(c) Notwithstanding section 24-5-101, a conviction of the applicant or notary public of any felony or, in the prior five years, a misdemeanor involving dishonesty;

(d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;

(e) Failure by the notary public to discharge any duty required of a notary public, whether by this part 5, rules of the secretary of state, or any federal or state law;

(f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;

(g) Violation by the notary public of a rule of the secretary of state regarding a notary public;

(h) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state;

(i) A finding by a court of this state that the applicant or notary public has engaged in the unauthorized practice of law;

(j) Failure to comply with any term of suspension or condition imposed on the commission of a notary public under this section; or

(k) Performance of any notarial act while not currently commissioned by the secretary of state.

(2) Whenever the secretary of state or the secretary of state's designee believes that a violation of this part 5 has occurred, the secretary of state or the secretary of state's designee may investigate the violation. The secretary of state or the secretary of state's designee may also investigate possible violations of this part 5 upon a signed complaint from any person. However, this section does not authorize the secretary of state or the secretary of state's designee to investigate a potential violation concerning an action taken by an interpreter during a notarial act.

(3) If the secretary of state denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with the "State Administrative Procedure Act", article 4 of this title 24.

(4) When a complaint or investigation results in a finding of misconduct that, in the secretary of state's discretion, does not warrant initiation of a disciplinary proceeding, the secretary of state may take nondisciplinary action. For the purposes of this subsection (4), nondisciplinary action includes the issuance of a letter of admonition, which may be placed in the notary public's file.

(5) The authority of the secretary of state to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

(6) A person whose notary commission has been revoked pursuant to this part 5 may not apply for or receive a commission and appointment as a notary.
C.R.S. § 24-71.3-103 — CO Code / Title 24 / Article 71.3 / Section 24-71.3-103
24-71.3-103. Scope
Status: in_force

24-71.3-103. Scope. (1) Except as otherwise provided in subsection (2) of this section, this article applies to electronic records and electronic signatures relating to a transaction.

(2) This article does not apply to a transaction to the extent it is governed by:

(a) A law governing the creation and execution of wills, codicils, or testamentary trusts;

(b) The "Uniform Commercial Code", title 4, C.R.S., other than section 4-1-306, C.R.S., and articles 2 and 2.5 of title 4, C.R.S.

(3) Additional exceptions. This article shall not apply to:

(a) Court orders or notices or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings;

(b) Any notice of:

(I) The cancellation or termination of utility services, including water, heat, and power;

(II) Default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual, provided that nothing in this subparagraph (II) shall prohibit any record related to a foreclosure from being sent or received in electronic form or by electronic means between the owner of an evidence of debt or the attorney for such owner and the office of a public trustee or sheriff, nor shall anything in this subparagraph (II) prohibit the office of a public trustee or sheriff from receiving or storing any record related to a foreclosure in electronic form or by electronic means;

(III) The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; or

(IV) Recall of a product, or material failure of a product, that risks endangering health or safety; or

(c) Any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

(4) This article applies to an electronic record or electronic signature otherwise excluded from the application of this article under subsection (2) of this section to the extent it is governed by a law other than those specified in said subsection (2).

(5) A transaction subject to this article is also subject to other applicable substantive law.

(6) (a) This article is not intended to limit, modify, or supercede the requirements of section 101 (d), 101 (e), 102 (c), 103 (a), or 103 (b) of the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 (d), 7001 (e), 7002 (c), 7003 (a), and 7003 (b).

(b) The consumer disclosures contained in section 101 (c) of the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 (c), are incorporated by reference and shall also apply to intrastate transactions.
C.R.S. § 24-90-502 — CO Code / Title 24 / Article 90 / Part 5 / Section 24-90-502
24-90-502. Legislative declaration
Status: in_force

24-90-502. Legislative declaration. The general assembly finds and declares that the organization of library capital facilities districts within library districts of the state, having the purposes and powers provided in this part 5, will serve a public purpose, will promote the health, safety, prosperity, security, and general welfare of the residents of said library districts and facilities districts, property owners within said library districts and facilities districts, and the people of the state generally, will promote the continued vitality of library services within library districts, and will be of special benefit to property located within the boundaries of any such facilities district created pursuant to this part 5.
C.R.S. § 24-60-105 — CO Code / Title 24 / Article 60 / Part 1 / Section 24-60-105
24-60-105. When commissioner to perform duties
Status: in_force

24-60-105. When commissioner to perform duties. The commissioner for the state of Colorado shall not commence the performance of his duties or be authorized to incur any expenses for traveling or for legal, clerical, or stenographic assistance until the governor of the state of Colorado has been notified by the governor of some other state that such other state has appointed a commissioner for the other state to serve upon a joint commission for the purpose of negotiating and entering into any agreements or compacts authorized to be made on behalf of the state of Colorado under the terms of this part 1.
C.R.S. § 24-11-112 — CO Code / Title 24 / Article 11 / Section 24-11-112
24-11-112. Cesar Chavez Day
Status: in_force

24-11-112. Cesar Chavez Day. (1) The thirty-first day of March in each year, the same being the anniversary of the birth of Cesar Estrada Chavez, shall be known as "Cesar Chavez Day" and appropriate observance may be held by the public and in all public schools of the state in tribute to his unselfish commitment to the principles of social justice and respect for human dignity.

(2) The head of a state agency may allow an employee of the agency to have a day off with pay on Cesar Chavez day in lieu of any other legal holiday described in section 24-11-101 (1) that occurs in the same state fiscal year on a weekday, other than a weekday on which an election is held throughout the state, on which the state agency is required to be open but on which the operations of the agency are required to be maintained at only a minimum level.

(3) On Cesar Chavez day, each state agency shall remain open and conduct the operations of the agency at no less than a minimum level.

(4) A holiday allowed under this section is in lieu of a legal holiday described in section 24-11-101 (1). The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by this section.
C.R.S. § 24-34-309 — CO Code / Title 24 / Article 34 / Part 3 / Section 24-34-309
24-34-309. Public education - service and assistance animals - form used in housing
Status: in_force

24-34-309. Public education - service and assistance animals - form used in housing. (1) The division is authorized to educate the public about the definitions of assistance and service animals, as those terms are defined in sections 18-13-107.3 and 18-13-107.7, and the rights that accompany people with disabilities who use those animals. The division may:

(a) Use its website to include information on how a person with a disability can complain about discrimination encountered in places of public accommodation and housing;

(b) Create and publicize public service announcements about the definitions of assistance and service animals and links to the division's website;

(c) Create and publicize uniform signage for all places of public accommodation to display to inform the public of the rules surrounding service and assistance animals;

(d) Create and publicize one or more forms that landlords, qualified individuals with a disability, and health-care providers may use in making a determination contemplated by section 12-240-144, 12-245-229, or 12-255-133; and

(e) Establish an education program for law enforcement officers in Colorado about service and assistance animals and how to provide effective communication to people with disabilities when making inquiries under applicable law.

(2) If a landlord requires a tenant to provide documentation in connection with the tenant's assistance animal, as that term is defined in section 18-13-107.3, C.R.S., the landlord shall provide the tenant with the form specified in paragraph (d) of subsection (1) of this section if the division has posted the form on its website. The tenant need not use the form.
C.R.S. § 24-50-207 — CO Code / Title 24 / Article 50 / Part 2 / Section 24-50-207
24-50-207. Retirement - accumulated sick leave
Status: repealed

24-50-207. Retirement - accumulated sick leave. (Repealed)
C.R.S. § 24-80-802 — CO Code / Title 24 / Article 80 / Part 8 / Section 24-80-802
24-80-802. Historic trail - marking
Status: in_force

24-80-802. Historic trail - marking. The general assembly hereby recognizes and commends the designation by the congress of the United States of the Santa Fe trail as a national historic trail and declares that portion of the Santa Fe trail occurring in the state of Colorado to be a valuable and noteworthy historic resource that should be identified for the traveling public where it travels on or crosses the highways of the state of Colorado. Therefore, the executive director of the department of transportation is directed to mark with suitable signs significant route segments and sites recognized as associated with the primary route of the historic Santa Fe trail in Colorado, as generally depicted on a map entitled "The Santa Fe Trail" contained in the final report of the secretary of the interior of the United States dated July 1976, where the trail travels on and crosses the highways of this state. The cost of implementing the purposes of this section shall be derived from any gifts, donations, or in-kind contributions to the department of transportation for this purpose.
C.R.S. § 24-17-202 — CO Code / Title 24 / Article 17 / Part 2 / Section 24-17-202
24-17-202. Legislative declaration
Status: in_force

24-17-202. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Under certain circumstances, contingency-based contracts can benefit the state by reducing state agencies' fixed contractual costs and linking state agency expenditures to the achievement of desired results, but contingency-based contracts can also have unintended adverse consequences that impact state finances in ways that a contracting state agency might not foresee.

(b) Contracting is a function of the executive branch of state government, but the power to appropriate state moneys is a legislative function, and it is necessary and appropriate to provide limited legislative guidance to the executive branch regarding contingency-based contracts in order to protect state finances and the appropriations process from possible unintended adverse effects of contingency-based contracts.

(2) The general assembly further finds and declares that:

(a) Existing statutes expressly authorize certain state agencies to enter into contingency-based contracts in specified circumstances, and these statutes reflect the considered judgment of the general assembly that contingency-based contracts are appropriate in those circumstances. It is not the intent of the general assembly to subject contingency-based contracts entered into pursuant to specific statutory authorization to the requirements of this part 2.

(b) Because the office of state planning and budgeting is the executive branch agency that makes state economic forecasts for the executive branch and oversees the participation of the executive branch in the state budgeting process, it is the state agency best suited to determine, in accordance with the guidelines set forth in this part 2, whether a contingency-based contract not expressly authorized by statute is appropriate.
C.R.S. § 24-60-2207 — CO Code / Title 24 / Article 9 / Section 24-60-2207
24-60-2207. Statewide assessment of facility sites
Status: in_force

24-60-2207. Statewide assessment of facility sites. (1) For the protection of the public health and safety and without limiting or qualifying other applicable laws, rules, regulations, standards, or limitations pertaining to the control of radiation in this state, the department shall be granted the following additional authority concerning low-level radioactive waste:

(a) The department may acquire by gift, transfer, or purchase any and all lands, buildings, and grounds reasonably necessary for a regional low-level radioactive waste facility.

(b) To ensure that a suitable regional low-level radioactive waste facility is established, the department shall conduct a statewide assessment and evaluation of potential areas for the location of a facility. The assessment and evaluation shall consider all applicable federal and state laws and regulations and shall consider but need not be limited to the following factors:

(I) Physical and chemical characteristics of strata;

(II) Surface and subsurface hydrology;

(III) Topography and drainage;

(IV) Meteorology and climatology;

(V) Demography (including population density near the site);

(VI) Access routes and affected public roads;

(VII) Ecological impact;

(VIII) Relationship to local land use plans;

(IX) Ownership of real property.

(c) The department shall provide reasonable opportunity for public comment during the assessment and evaluation and shall afford interested persons an opportunity, at public hearing, to submit data and views orally or in writing on the potentially suitable areas. Subsequent to having conducted the assessment and evaluation, the department shall identify those areas determined as potentially suitable for a facility.

(d) The department shall not approve any facility for the disposal of low-level radioactive waste outside of the areas identified pursuant to this subsection (1) or an area recommended by a board of county commissioners under section 24-60-2206 unless the site applicant demonstrates to the satisfaction of the department that the proposed site is at least as technically suitable as the areas identified pursuant to this subsection (1).

(e) The department may, by lease or license, provide for the operation of facilities for the implementation of the purposes of this part 22. No facility may be licensed until designated pursuant to part 1 of article 20 of title 30, C.R.S., by the board of county commissioners of the county in which the proposed facility is to be located. In the event that no county has recommended a facility site or an application for such site has not been submitted by January 1, 1985, the department shall prepare an alternative plan for facility development. Said alternative plan shall be submitted to the general assembly no later than January 1, 1986, for review and approval. In the submission of an alternative plan to the general assembly, the department shall also request authority to acquire a site for a facility.

(f) The department shall require the posting of a bond or other surety by each licensee to assure the availability of funds to the state in the event of accident, abandonment, discontinuance of an operation, insolvency, or other inability of a lessee or licensee to meet the requirements of the department pursuant to article 11 of title 25, C.R.S., in providing for the safe operation, decommissioning, decontamination, and reclamation of a facility, or any circumstance which results in a potential radiation hazard.
C.R.S. § 24-31-810 — CO Code / Title 24 / Article 31 / Part 8 / Section 24-31-810
24-31-810. Other remedies available
Status: in_force

24-31-810. Other remedies available. (1) The provisions of this part 8 are not intended to be exclusive remedies and do not preclude the use of any other criminal prosecution directly related to criminal medicaid fraud and waste, as well as criminal patient abuse, neglect, and exploitation, or any other civil remedy for any act that is in violation of this part 8.

(2) In addition to any penalties provided for in this part 8, a claim under the "Colorado Medical Assistance Act" that includes items or services resulting from a violation of this part 8 or the federal "Anti-Kickback Statute", 42 U.S.C. 1320a-7b (b), as amended, constitutes a false claim for purposes of the "Colorado Medicaid False Claims Act", sections 25.5-4-303.5 to 25.5-4-310.
C.R.S. § 24-51-901 — CO Code / Title 24 / Article 51 / Part 9 / Section 24-51-901
24-51-901. Survivor benefits reserve
Status: in_force

24-51-901. Survivor benefits reserve. A survivor benefits reserve is hereby created to provide monthly survivor benefits to eligible survivors of certain deceased members and certain deceased inactive members.
C.R.S. § 24-33.5-815 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-815
24-33.5-815. State medical aid denied - when
Status: in_force

24-33.5-815. State medical aid denied - when. If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States government or any agent thereof furnishes medical, surgical, or hospital treatment or any combination thereof to an injured civil defense worker, such civil defense worker has no right to receive similar medical, surgical, or hospital treatment as provided in this part 8; except that the adjusting agent, as adjusting agent of the office of emergency management, may furnish medical, surgical, or hospital treatment as part of the compensation provided under this part 8.
C.R.S. § 24-20-113 — CO Code / Title 24 / Article 20 / Part 1 / Section 24-20-113
24-20-113. Governor to provide technical assistance in federal land issues
Status: in_force

24-20-113. Governor to provide technical assistance in federal land issues. (1) (a) The governor, in cooperation with the executive director of the department of natural resources, the commissioner of agriculture, and the executive director of the department of local affairs, shall make available to interested local governments technical support to aid local governments in:

(I) Entering into cooperating agency relationships with federal agencies;

(II) Sharing information and expertise with federal land managers;

(III) Developing local land use plans within the meaning of part 1 of article 28 of title 30 and article 23 of title 31, C.R.S.;

(IV) Hiring consultants to perform analyses of local government interests;

(V) Entering into memoranda of understanding with federal land management agencies; or

(VI) Implementing similar methods to improve coordination, cooperation, and collaboration in federal land management decision-making.

(b) The governor may establish an advisory committee to provide technical assistance as described in paragraph (a) of this subsection (1) for one or more federal land management decision-making processes if the governor determines that the advisory committee would provide effective and efficient technical support for collaborative engagement.

(2) The governor, in cooperation with the executive director of the department of natural resources, the commissioner of agriculture, and the executive director of the department of local affairs, shall notify local governments of the availability of technical assistance as described in subsection (1) of this section.
C.R.S. § 24-33.5-1903 — CO Code / Title 24 / Article 33.5 / Part 19 / Section 24-33.5-1903
24-33.5-1903. Cyber operation center - coordination of missions
Status: in_force

24-33.5-1903. Cyber operation center - coordination of missions. (1) The department of public safety, using the office of prevention and security within the division of homeland security and emergency management, and using any other facilities deemed necessary and appropriate by the department of public safety, may coordinate with the division of homeland security and emergency management, the Colorado bureau of investigation, the federal bureau of investigation, the Colorado National Guard and other relevant military organizations, and other relevant information-sharing organizations to define the operational requirements for in-state and interstate operational and training networks.

(2) In furtherance of the provisions of subsection (1) of this section, the coordinating entities may:

(a) Consider establishing appropriate memoranda of understanding or interstate compacts with entities that encourage the interstate sharing of information for cybersecurity;

(b) Support the requirements for the fusion of cyber defense, cyber surveillance, and international and domestic intelligence and law enforcement operations;

(c) Consider secure, distributed, and interactive network infrastructures for interstate cyber training and operations;

(d) Support secure Colorado requirements to identify threats and vulnerabilities and protect state cyber infrastructures;

(e) Conduct training, inspections, and operational exercises;

(f) Establish protocols for coordinating and sharing information with state and federal law enforcement and intelligence agencies responsible for investigating and collecting information related to cyber-based criminal and national security threats;

(g) Support state and federal law enforcement agencies with their responsibilities to investigate and prosecute threats to and attacks against critical infrastructure; and

(h) Ensure the coordination of cybersecurity threat information sharing among the Colorado bureau of investigation, the office of prevention and security, the office of information technology, and participating members of the federal bureau of investigation's cybersecurity task force or successor organization.
C.R.S. § 24-32-723 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-723
24-32-723. Office of homeless youth services - creation - function - duties - definitions
Status: repealed

24-32-723. Office of homeless youth services - creation - function - duties - definitions. (1) This section shall be known and may be cited as the "Colorado Homeless Youth Services Act".

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

(a) "Entity" means any state agency, any state-operated program, or any private nonprofit or not-for-profit community-based organization.

(b) "Homeless youth" means a child or youth who is at least eleven years of age but is less than twenty-one years of age who:

(I) Lacks a fixed, regular, and adequate nighttime residence; or

(II) Has a primary nighttime residence that is:

(A) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations; or

(B) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings.

(III) "Homeless youth" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law.

(3) There is hereby created the office of homeless youth services in the department of local affairs for the purpose of providing information, coordination, and support services to public and private entities serving the homeless youth of Colorado. The office of homeless youth services shall seek to:

(a) Identify and remove obstacles to the provision of services;

(b) Improve the quality of services provided to homeless youth;

(c) Reduce needless expenditures caused by the provision of overlapping services; and

(d) Identify housing and supportive services funding resources available to entities serving homeless youth.

(4) (a) In providing the services described in this section, the office of homeless youth services is strongly encouraged to work with the executive directors, or their designees, of the Colorado department of public health and environment, the judicial department, private nonprofit and not-for-profit organizations, appropriate federal departments, and other key stakeholders in the community.

(b) At a minimum, the office of homeless youth services shall have the following duties:

(I) To provide information, coordination, and technical assistance as may be necessary to reduce needless expenditures associated with the provision of overlapping services and to improve the quality of services provided to homeless youth;

(II) To identify both procedural and substantive obstacles to the provision of services and to make recommendations to the entities specified in this section concerning procedural, regulatory, or statutory changes necessary to remove such obstacles;

(III) To obtain information from service providers concerning known services available for the homeless youth population in the state of Colorado and to post such information on a website on the internet;

(IV) To develop, maintain, and make available a listing of all rights and organizations that may be relevant to the homeless youth population in the state of Colorado, including but not limited to a listing of legal, educational, and victims' rights and organizations related thereto;

(V) To obtain information concerning known funding sources available for the homeless youth population in the state of Colorado; and

(VI) To work with entities to identify issues concerning sharing of information in providing services to homeless youth and to facilitate resolution of such information-sharing issues.

(c) Repealed.
C.R.S. § 24-72-308.6 — CO Code / Title 24 / Article 72 / Part 3 / Section 24-72-308.6
24-72-308.6. Sealing of criminal conviction records information for offenses involving contro
Status: repealed

24-72-308.6. Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2011. (Repealed)
C.R.S. § 24-32-803 — CO Code / Title 24 / Article 32 / Part 8 / Section 24-32-803
24-32-803. Duties of the office
Status: in_force

24-32-803. Duties of the office. (1) The office shall coordinate the activities of the various divisions within the department of local affairs for the purpose of:

(a) Cooperating with and providing technical assistance to local officials for the orderly development of rural Colorado;

(b) Encouraging and, when requested, assisting local governments to develop mutual and cooperative solutions to rural community development;

(c) Studying the legal provisions that affect rural development and recommending to the governor and the general assembly such changes and provisions as may be necessary to encourage rural development;

(d) Serving as a clearinghouse for rural development information, including state and federal programs designed for rural development;

(e) Carrying out studies and continuous analyses of rural development in the state with particular emphasis on its effect on population dispersion and economic opportunity;

(f) Encouraging and assisting, when requested, local governments to develop mutual and cooperative solutions to rural community development;

(g) Contracting with the federal government or any agency or instrumentality thereof and receiving any grants or moneys therefrom for purposes of rural development in Colorado.
C.R.S. § 24-33.5-1801 — CO Code / Title 24 / Article 33.5 / Part 18 / Section 24-33.5-1801
24-33.5-1801. Legislative declaration
Status: in_force

24-33.5-1801. Legislative declaration. (1) The general assembly hereby finds that:

(a) A safe and healthy learning environment for all students in Colorado is an important priority for the state;

(b) Research into evidence-based practices continues to demonstrate that academic achievement improves as the level of safety and security in a school increases;

(c) Studies of recent school attacks have established that school violence may be prevented with appropriate information sharing;

(d) Suicide, which remains one of the leading causes of death for Colorado's youth, may also be prevented with appropriate intervention;

(e) Both the physical and psychological well-being of students and school personnel is critically important; and

(f) Improving student engagement, including reducing dropout rates and truancy levels, is an important factor for ensuring that schools are safe and successful.

(2) The general assembly further finds that:

(a) The most appropriate way to prevent and prepare for acts of violence and other emergencies that may occur on school campuses is to foster a cooperative effort by schools, school resource officers, law enforcement agencies, emergency responders, behavioral health experts, parents, and community members to identify, gather, and apply the necessary resources; and

(b) Emergency response and crisis management measures should be implemented in all communities within the state to protect students and school personnel.

(2.5) The general assembly further finds and declares that:

(a) Human trafficking is a matter of statewide concern and has a direct impact on local communities, law enforcement agencies, and organizations that provide services to human trafficking survivors;

(b) Although training resources are available on the front range, many areas of the state have limited training resources pertaining to human trafficking that are easily available or accessible;

(c) Labor and sex trafficking can happen in any community. All areas of the state should have access to training to help identify human trafficking and provide critical services to human trafficking survivors.

(d) Traffickers target and recruit children in schools in Colorado. It is essential to increase awareness of school staff, parents and guardians, and students of the dangers of human trafficking. To assist schools, parents, and children, the Colorado school safety resource center shall annually update and disseminate a list of available human trafficking curricula to schools, including some that are free of charge.

(e) The Colorado human trafficking council has developed a curriculum and train-the-trainer program for law enforcement; and

(f) The council was also charged with developing a curriculum and train-the-trainer program for entities that provide services to human trafficking survivors. The curriculum and training programs may supplement the excellent anti-trafficking work being done by advocacy and service organizations across the state.

(3) Now, therefore, the general assembly declares that:

(a) Safe schools are a matter of statewide concern;

(b) All schools have common needs and goals to ensure a safe environment;

(c) Resources are needed to fully develop safety plans and practices in Colorado's schools, colleges, and universities;

(d) A school safety resource center dedicated to providing evidence-based practices and expertise to all schools is a cost-effective means to improve school safety;

(e) Law enforcement agencies, organizations that provide services to human trafficking survivors, and local communities would benefit from additional training opportunities related to human trafficking;

(f) The division of criminal justice and the Colorado human trafficking council are well placed to develop human trafficking curricula and to help provide training in this critical area; and

(g) The Colorado school safety resource center is committed to continuing to make available human trafficking educational resources to schools, parents, and children.
C.R.S. § 24-1-135 — CO Code / Title 24 / Article 1 / Section 24-1-135
24-1-135. Effect of congressional redistricting on boards and commissions - definition
Status: in_force

24-1-135. Effect of congressional redistricting on boards and commissions - definition. (1) As used in this section, "board" includes any board, commission, committee, task force, or other similar body created in the state constitution or state statute.

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

(a) Any member of a board who was appointed or elected to the office as a resident of a designated congressional district pursuant to any section of the state constitution or any statutory section creating the board and who no longer resides in the congressional district solely because of a change made to the boundaries of the district pursuant to sections 44 to 44.6 of article V of the state constitution is eligible to hold office for the remainder of the term to which the member was elected or appointed, notwithstanding the nonresidency of the member.

(b) When a board increases in size or changes in composition due to the addition of a congressional district following a federal decennial census, an appointing authority responsible for making appointments of members from the state's congressional districts shall appoint a member to represent the new district as soon as practicable in the year following the approval of the new congressional district's boundaries pursuant to sections 44 to 44.6 of article V of the state constitution. The newly appointed member serves a full term as set forth in the state constitution or statute for a member of the board; except that the appointing authority may appoint the member for a shorter term if necessary to preserve any required staggering of the terms of the members of the board.

(c) (I) When a board decreases in size or changes in composition due to the loss of a congressional district following a federal decennial census, an appointing authority responsible for making appointments of members from the state's congressional districts shall review the current appointments to the board and:

(A) If the board decreases in size, select one board member whose term shall be terminated on June 30 of the year following the change in the number of congressional districts; or

(B) If the board changes in composition, select one board member appointed to represent a congressional district to be replaced with an at-large or other member when the member's term expires.

(II) In making the selections required by subsection (2)(c)(I) of this section, the appointing authority shall consider how well the current appointments represent the state's new congressional districts and attempt to ensure adequate representation for the new districts among the remaining board members for the remainder of their terms. If necessary, the appointing authority shall clarify which districts the remaining members represent and may adjust the terms of the remaining members to preserve any required staggering of the terms of the members of the board.
C.R.S. § 24-50-127 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-127
24-50-127. Employee records - release of location information concerning individuals with o
Status: in_force

24-50-127. Employee records - release of location information concerning individuals with outstanding felony arrest warrants - state personnel director's duties. (1) The state personnel director shall maintain the examination record of every candidate and the employment record of every employee. In addition, the state personnel director shall establish and maintain a personnel data inventory of all employees in the personnel system, which inventory shall contain such items as education, training, skills, and other pertinent data. The state personnel director shall make available such data to department heads for the most efficient utilization of the state's manpower.

(2) (a) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the state personnel director or the director's designee shall provide the bureau with information concerning the location of any person whose name appears in the division's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the division. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The state personnel director or the director's designee and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the state personnel director, the director's designee, nor the division's employees or agents shall be liable in civil action for providing information in accordance with the provisions of this paragraph (a).

(b) As used in paragraph (a) of this subsection (2), "law enforcement agency" means any agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to any police department, sheriff's department, district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.
C.R.S. § 24-51-1503 — CO Code / Title 24 / Article 51 / Part 15 / Section 24-51-1503
24-51-1503. Defined contribution plan option
Status: in_force

24-51-1503. Defined contribution plan option. (1) An eligible employee shall be covered by the association's defined benefit plan with contributions and benefits as specified in parts 4 to 12 of this article, unless the member elects to participate in the association's defined contribution plan in accordance with this part 15 in lieu of the defined benefit plan within sixty days of commencing employment.

(2) An employee hired by an employer who has been a member of the association's defined benefit plan or the association's defined contribution plan during the twelve months prior to the date that the employee commences employment shall automatically continue to be a member of such plan upon commencing employment. If automatically continuing in the defined contribution plan, the employee's individual participation account shall receive the same employer contribution pursuant to section 24-51-1505 (1), as previously entitled. The employee shall be considered an eligible employee for purposes of section 24-51-1506.

(3) An employee of an employer who is hired on or after July 1, 2009, and who has been an active participant of the state defined contribution plan established pursuant to part 2 of article 52 of this title, as said part existed prior to its repeal in 2009, during the twelve months prior to the date that the employee commences employment, shall be a member of the association's defined contribution plan upon commencing employment, and the employee shall not be considered an eligible employee for purposes of section 24-51-1506 (1) and (2).

(4) (a) An eligible employee who is a member, inactive member, or retiree of the association's defined benefit plan on December 31, 2006, and elects to participate in or is automatically enrolled in the association's defined benefit plan, or who makes an election pursuant to section 24-51-1506 (1) to become a member of the association's defined benefit plan, shall be subject to the benefit provisions in effect for the existing member contribution account.

(b) An eligible employee who elects to participate in the association's defined contribution plan and is not a member, inactive member, or retiree of the association's defined benefit plan on December 31, 2005, and subsequently becomes a member of the association's defined benefit plan shall be subject to the benefit provisions in effect at the time the employee becomes a member of the defined benefit plan. Any service credit purchased for the period of employment covered by the defined contribution plan shall be subject to the benefit provisions in effect for such member at the time of the commencement of the purchase.

(5) Notwithstanding any other provision of this part 15, participation in the association's defined contribution plan by a district attorney, an assistant district attorney, a chief deputy district attorney, a deputy district attorney, or other employee of a district attorney shall be governed by the provisions of sections 24-51-305 and 24-51-305.5.
C.R.S. § 24-42-102 — CO Code / Title 24 / Article 42 / Section 24-42-102
24-42-102. Advisory committee - sunset review
Status: repealed

24-42-102. Advisory committee - sunset review. (Repealed)
C.R.S. § 24-32-3324 — CO Code / Title 24 / Article 32 / Part 33 / Section 24-32-3324
24-32-3324. Escrow and bonding requirements - rules
Status: in_force

24-32-3324. Escrow and bonding requirements - rules. (1) Any person required to register with the division pursuant to section 24-32-3323 must comply with any escrow requirements as established by the board through rulemaking.

(2) (a) A seller must provide a letter of credit or certificate of deposit issued by a licensed financial institution or surety bond issued by an authorized insurer in an amount and in accordance with the process established by the board by rule.

(b) A financial institution or authorized insurer is required to make payment to the division when the division makes a claim against the letter of credit, certificate of deposit, or surety bond:

(I) If a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that the registered seller failed to:

(A) Deliver the manufactured home or tiny home or refund payments made toward the purchase of the manufactured home or of the tiny home as required by this part 33 or board rules; or

(B) Provide a reasonable per diem living expense in violation of the contractual provisions required by section 24-32-3325; or

(II) If the registered seller ceases business operations or files for bankruptcy.

(c) The division may suspend or revoke the registration of any seller that fails to provide a letter of credit, certificate of deposit, or surety bond as required by this subsection (2) or that otherwise fails to pay any judgment by a court of competent jurisdiction in favor of the division.
C.R.S. § 24-44-107 — CO Code / Title 24 / Article 44 / Section 24-44-107
24-44-107. Reports
Status: repealed

24-44-107. Reports. (Repealed)
C.R.S. § 24-30-2302 — CO Code / Title 24 / Article 30 / Part 23 / Section 24-30-2302
24-30-2302. Definitions
Status: in_force

24-30-2302. Definitions. As used in this part 23, unless the context otherwise requires:

(1) "Department" means the department of personnel.

(2) "Elective pay application" means any application for elective pay funding available under the federal "Inflation Reduction Act of 2022", Pub.L. 117-169, 136 Stat. 1818 (2022).

(3) "Environmentally preferable products or services" means products or services that create fewer or less severe negative impacts on the natural environment when compared to similar products or services.

(4) "Office" means the office of sustainability created in section 24-30-2303 (1).

(5) "State agency" means a principal department as defined in section 24-1-110 and any division, office, board, commission, or enterprise within a principal department; except that "state agency" does not include an institution of higher education as defined in section 23-18-102 (7).

(6) "Sustainability" means the minimization of negative impacts on the natural environment, which include but are not limited to emissions of greenhouse gases, climate change, increased water consumption or water waste, pollution, nonrenewable energy usage, and over-consumption or waste of resources.

(7) "Sustainable practice" means a practice that increases sustainability by reducing one or more negative impacts on the natural environment.
C.R.S. § 24-20-101 — CO Code / Title 24 / Article 20 / Part 1 / Section 24-20-101
24-20-101. Office at seat of government - secretary
Status: in_force

24-20-101. Office at seat of government - secretary. The governor shall keep his office at the seat of government, in which shall be transacted the business of the executive; and he shall keep a secretary at said office during his absence.
C.R.S. § 24-34-306 — CO Code / Title 24 / Article 34 / Part 3 / Section 24-34-306
24-34-306. Charge - complaint - hearing - procedure - exhaustion of administrative remedies
Status: in_force

24-34-306. Charge - complaint - hearing - procedure - exhaustion of administrative remedies. (1) (a) (I) Any person claiming to be aggrieved by a discriminatory or an unfair practice as defined by parts 4 to 7 of this article 34 may, by oneself or through the person's attorney, make, sign, and file with the division a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice, setting forth the particulars of the alleged discriminatory or unfair practice, and containing any other information required by the division.

(II) The division shall include on any charge form or charge intake mechanism an option to select "harassment" as a basis or description of the type of discriminatory or unfair employment practice that is the subject of the charge.

(b) The commission, a commissioner, or the attorney general on its own motion may make, sign, and file a charge alleging a discriminatory or unfair practice in cases where the commission, a commissioner, or the attorney general determines that the alleged discriminatory or unfair practice imposes a significant societal or community impact. The charge shall be filed in the same manner and shall contain the same information as required for a charge filed by an individual pursuant to paragraph (a) of this subsection (1). When the commission, a commissioner, or the attorney general files a charge pursuant to this paragraph (b), the remedy available for the discriminatory or unfair practice shall be limited to equitable relief to eliminate the discriminatory or unfair practice.

(c) Prior to any other action by the division regarding the charge, the division shall notify the respondent of the charges filed against him or her.

(2) (a) After the filing of a charge alleging a discriminatory or unfair practice as defined by parts 4 to 7 of this article, the director, with the assistance of the division's staff, shall make a prompt investigation of the charge. The director may subpoena witnesses and compel the testimony of witnesses and the production of books, papers, and records if the testimony, books, papers, and records sought are limited to matters directly related to the charge. Any subpoena issued pursuant to this paragraph (a) shall be enforceable in the district court for the district in which the alleged discriminatory or unfair practice occurred and shall be issued only if the person or entity to be subpoenaed has refused or failed, after a proper request from the director, to provide voluntarily to the director the information sought by the subpoena.

(b) The director or the director's designee, who shall be an employee of the division, shall determine as promptly as possible whether probable cause exists for crediting the allegations of the charge, and shall follow one of the following courses of action:

(I) If the director or the director's designee determines that probable cause does not exist, he or she shall dismiss the charge and shall notify the person filing the charge and the respondent of the dismissal. In addition, in the notice, the director or the director's designee shall advise both parties:

(A) That the charging party has the right to file an appeal of the dismissal with the commission within ten days after the date the notification of dismissal is mailed;

(B) That, if the charging party wishes to file a civil action in a district court in this state based on the alleged discriminatory or unfair practice that was the subject of the charge filed with the commission, he or she must do so: Within ninety days after the date the notice specified in this subparagraph (I) is mailed if he or she does not file an appeal with the commission pursuant to sub-subparagraph (A) of this subparagraph (I); or within ninety days after the date the notice that the commission has dismissed the appeal specified in sub-subparagraph (A) of this subparagraph (I) is mailed;

(C) That, if the charging party does not file an action within the time limits specified in sub-subparagraph (B) of this subparagraph (I), the action will be barred, and no district court shall have jurisdiction to hear the action.

(II) If the director or the director's designee determines that probable cause exists, the director or the director's designee shall serve the respondent with written notice stating with specificity the legal authority and jurisdiction of the commission and the matters of fact and law asserted. In addition, the director or the director's designee shall order the charging party and the respondent to participate in compulsory mediation. Immediately after the director or the director's designee serves notice on the respondent, the director or the director's designee shall endeavor to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion and by means of the compulsory mediation required by this subparagraph (II).

(c) (Deleted by amendment, L. 2009, (SB 09-110), ch. 238, p. 1083, § 6, effective July 1, 2009.)

(3) The members of the commission and its staff shall not disclose the filing of a charge, the information gathered during the investigation, or the efforts to eliminate such discriminatory or unfair practice by conference, conciliation, and persuasion unless such disclosure is made in connection with the conduct of the investigation, in connection with the filing of a petition seeking appropriate injunctive relief against the respondent under section 24-34-507, or at a public hearing or unless the complainant and the respondent agree to such disclosure. Nothing in this subsection (3) shall be construed to prevent the commission from disclosing its final action on a charge, including the reasons for dismissing such charge, the terms of a conciliation agreement, or the contents of an order issued after hearing.

(4) When the director is satisfied that further efforts to settle the matter by conference, conciliation, and persuasion will be futile, he shall so report to the commission. If the commission determines that the circumstances warrant, it shall issue and cause to be served, in the manner provided by section 24-4-105 (2), a written notice and complaint requiring the respondent to answer the charges at a formal hearing before the commission, a commissioner, or an administrative law judge. Such hearing shall be commenced within one hundred twenty days after the service of such written notice and complaint. Such notice and complaint shall state the time, place, and nature of the hearing, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted.

(5) In accordance with rules adopted by the commission, discovery procedures may be used by the commission and the parties under the same circumstances and in the same manner as is provided by the Colorado rules of civil procedure after the notice of hearing under subsection (4) of this section has been given.

(6) The respondent may file a written answer prior to the date of the hearing. When a respondent has failed to answer at a hearing, the commission, a commissioner, or the administrative law judge, as the case may be, may enter his default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry. If the respondent is in default, testimony may be heard on behalf of the complainant. After hearing such testimony, the commission, a commissioner, or the administrative law judge, as the case may be, may enter such order as the evidence warrants.

(7) The commission or the complainant shall have the power to reasonably and fairly amend any complaint, and the respondent shall have like power to amend his answer.

(8) The hearing shall be conducted and decisions rendered in accordance with section 24-4-105; except that the decision shall also include a statement of the reasons why the findings of fact lead to the conclusions. The case in support of the complaint shall be presented at the hearing by one of the commission's attorneys or agents, but no one presenting the case in support of the complaint shall counsel or advise the commission, commissioner, or administrative law judge who hears the case. The director and the staff shall not participate in the hearing except as a witness, nor shall they participate in the deliberations of, or counsel or advise, the commission, commissioner, or administrative law judge in such case. At any such hearing, the person presenting the case in support of the complaint shall have the burden of showing that the respondent has engaged or is engaging in an unfair or discriminatory practice, and the respondent's conduct shall be presumed not to be unfair or discriminatory until proven otherwise.

(9) If, upon all the evidence at a hearing, there is a statement of findings and conclusions in accordance with section 24-4-105, together with a statement of reasons for such conclusions, showing that a respondent has engaged in or is engaging in any discriminatory or unfair practice as defined in parts 4 to 7 of this article, the commission shall issue and cause to be served upon the respondent an order requiring such respondent to cease and desist from such discriminatory or unfair practice and to take such action as it may order in accordance with the provisions of parts 4 to 7 of this article.

(10) If, upon all of the evidence at a hearing, there is a statement of findings and conclusions in accordance with section 24-4-105, together with a statement of reasons for such conclusions, showing that a respondent has not engaged in any such discriminatory or unfair practice, the commission shall issue and cause to be served an order dismissing the complaint on the person alleging such discriminatory or unfair practice.

(11) (a) The jurisdiction of the commission over the complaint ceases if:

(I) Written notice that a formal hearing will be held is not served within four hundred fifty days after the filing of the charge;

(II) The complainant has requested and received a notice of right to sue pursuant to subsection (15) of this section; or

(III) The hearing is not commenced within the one-hundred-twenty-day period prescribed by subsection (4) of this section.

(b) If the jurisdiction of the commission ceases pursuant to subsection (11)(a) of this section, the complainant may seek the relief authorized under this part 3 and parts 4 to 7 of this article 34 against the respondent by filing a civil action in the district court for the district in which the alleged discriminatory or unfair practice occurred. The complainant must file a civil action within ninety days after the date upon which the jurisdiction of the commission ceased. If the complainant fails to file the action within the time specified in this subsection (11)(b), the action is barred, and the district court does not have jurisdiction to hear the action.

(12) The division shall maintain a central file of decisions rendered under parts 3 to 7 of this article, and such file shall be open to the public for inspection during regular business hours.

(13) Any member of the commission and any person participating in good faith in the making of a complaint or a report or in any investigative or administrative proceeding authorized by parts 3 to 7 of this article shall be immune from liability in any civil action brought against him for acts occurring while acting in his capacity as a commission member or participant, respectively, if such individual was acting in good faith within the scope of his respective capacity, made a reasonable effort to obtain the facts of the matter as to which he acted, and acted in the reasonable belief that the action taken by him was warranted by the facts.

(14) No person may file a civil action in a district court in this state based on an alleged discriminatory or unfair practice prohibited by parts 4, 5, and 7 of this article 34 and excluding part 6 of this article 34 and section 24-34-505.6 without first exhausting the proceedings and remedies available to the person under this part 3 unless the person shows, in an action filed in the appropriate district court, by clear and convincing evidence, that the person's ill health which is of such a nature that pursuing administrative remedies would not provide timely and reasonable relief and would cause irreparable harm. This subsection (14) does not apply to civil actions filed in district court based on alleged discriminatory or unfair practices prohibited by either part 6 of this article 34 or section 24-34-505.6.

(15) The charging party in any action may request the division to issue a written notice of right to sue at any time prior to service of a notice and complaint pursuant to subsection (4) of this section. The charging party shall make the request for notice of right to sue in writing. The division shall promptly grant a claimant's request for notice of right to sue made after the expiration of one hundred eighty days following the filing of the charge. If a claimant makes a request for a notice of right to sue prior to the expiration of one hundred eighty days following the filing of the charge, the division shall grant the request upon a determination that the investigation of the charge will not be completed within one hundred eighty days following the filing of the charge. A notice of right to sue shall constitute final agency action and exhaustion of administrative remedies and proceedings pursuant to this part 3.
C.R.S. § 24-31-806 — CO Code / Title 24 / Article 31 / Part 8 / Section 24-31-806
24-31-806. Civil investigative demands and subpoenas
Status: in_force

24-31-806. Civil investigative demands and subpoenas. (1) Civil investigative demands issued pursuant to this part 8 are subject to the requirements of section 25.5-4-309.

(2) Subpoenas issued pursuant to this part 8 must comply with the provisions of article 90 of title 13 and any court rule.

(3) Any testimony obtained pursuant to a civil investigative demand issued pursuant to this section is not admissible in evidence in any criminal prosecution against the person compelled to testify pursuant to the civil investigative demand. The provisions of this subsection (3) do not prevent the attorney general from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.
C.R.S. § 24-80-914 — CO Code / Title 24 / Article 80 / Part 9 / Section 24-80-914
24-80-914. State museum
Status: in_force

24-80-914. State museum. The wings over the rockies air and space museum is hereby made and declared to be the official state air and space museum of the state of Colorado.
C.R.S. § 24-18-104 — CO Code / Title 24 / Article 18 / Part 1 / Section 24-18-104
24-18-104. Rules of conduct for all public officers, members of the general assembly, local
Status: in_force

24-18-104. Rules of conduct for all public officers, members of the general assembly, local government officials, and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A public officer, a member of the general assembly, a local government official, or an employee shall not:

(a) Disclose or use confidential information acquired in the course of his official duties in order to further substantially his personal financial interests; or

(b) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value:

(I) Which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties; or

(II) Which he knows or which a reasonable person in his position should know under the circumstances is primarily for the purpose of rewarding him for official action he has taken.

(2) An economic benefit tantamount to a gift of substantial value includes without limitation:

(a) A loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services; or

(b) The acceptance by a public officer, a member of the general assembly, a local government official, or an employee of goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the state or a local government under a contract or other means by which the person receives payment or other compensation from the state or local government, as applicable, for which the officer, member, official, or employee serves, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the officer, member, official, or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally.

(3) The following are not gifts of substantial value or gifts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section:

(a) Campaign contributions and contributions in kind reported as required by section 1-45-108, C.R.S.;

(b) An unsolicited item of trivial value;

(b.5) A gift with a fair market value of fifty-three dollars or less that is given to the public officer, member of the general assembly, local government official, or employee by a person other than a professional lobbyist.

(c) An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution;

(c.5) Unsolicited informational material, publications, or subscriptions related to the performance of official duties on the part of the public officer, member of the general assembly, local government official, or employee;

(d) Payment of or reimbursement for reasonable expenses paid by a nonprofit organization or state and local government in connection with attendance at a convention, fact-finding mission or trip, or other meeting as permitted in accordance with the provisions of section 3 (3)(f) of article XXIX of the state constitution;

(e) Payment of or reimbursement for admission to, and the cost of food or beverages consumed at, a reception, meal, or meeting that may be accepted or received in accordance with the provisions of section 3 (3)(e) of article XXIX of the state constitution;

(f) A gift given by an individual who is a relative or personal friend of the public officer, member of the general assembly, local government official, or employee on a special occasion.

(g) Payment for speeches, appearances, or publications that may be accepted or received by the public officer, member of the general assembly, local government official, or employee in accordance with the provisions of section 3 of article XXIX of the state constitution that are reported pursuant to section 24-6-203 (3)(d);

(h) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office;

(i) A component of the compensation paid or other incentive given to the public officer, member of the general assembly, local government official, or employee in the normal course of employment; and

(j) Any other gift or thing of value a public officer, member of the general assembly, local government official, or employee is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, the acceptance of which is not otherwise prohibited by law.

(4) The provisions of this section are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an incumbent in or elected candidate to public office from reporting an item described in subsection (3) of this section, if such reporting provisions apply.

(5) The amount of the gift limit specified in paragraph (b.5) of subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX.
C.R.S. § 24-33.5-2604 — CO Code / Title 24 / Article 33.5 / Part 26 / Section 24-33.5-2604
24-33.5-2604. Gifts, grants, and donations
Status: in_force

24-33.5-2604. Gifts, grants, and donations. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 26.
C.R.S. § 24-51-211 — CO Code / Title 24 / Article 51 / Part 2 / Section 24-51-211
24-51-211. Amortization of liabilities
Status: in_force

24-51-211. Amortization of liabilities. (1) An amortization period for each of the state division, school division, local government division, judicial division, and Denver public schools division trust funds shall be calculated separately. A maximum amortization period of thirty years shall be deemed actuarially sound. Upon recommendation of the board, and with the advice of the actuary, the employer or member contribution rates for the plan may be adjusted by the general assembly when indicated by actuarial experience.

(2) On or before November 1, 2009, the board shall submit specific, comprehensive recommendations to the general assembly regarding possible methods to respond to the decrease in the value of the association's assets, including real estate, private equity, and other investments, to decrease the amortization period of each division of the association, and to ensure that each division of the association will become and remain fully funded.
C.R.S. § 24-72.5-105 — CO Code / Title 24 / Article 72.5 / Section 24-72.5-105
24-72.5-105. Waiver of privilege
Status: in_force

24-72.5-105. Waiver of privilege. The privilege of nondisclosure established in section 24-72.5-103 may be waived only by the voluntary testimony or disclosure of a newsperson that directly addresses the news information or identifies the source of such news information sought by a governmental entity. A publication or broadcast of a news report through the mass media concerning the subject area of the news information sought, but which does not directly address the news information sought by such governmental entity, shall not be deemed a waiver of the privilege of nondisclosure as to such specific news information.
C.R.S. § 24-33.5-2602 — CO Code / Title 24 / Article 33.5 / Part 26 / Section 24-33.5-2602
24-33.5-2602. Missing and murdered indigenous relatives - department duties
Status: in_force

24-33.5-2602. Missing and murdered indigenous relatives - department duties. (1) The department shall improve the investigation of missing and murdered indigenous relative cases and address injustice in the criminal justice system's response to the cases of missing and murdered indigenous relative cases. The executive director shall assign staff as necessary to carry out the duties described in this part 26 and may assign the duties to the various divisions and offices in the department, including the office of liaison for missing and murdered indigenous relatives and the Colorado bureau of investigation.

(2) The department shall:

(a) Facilitate technical assistance and work with tribal, state, and federal law enforcement agencies on missing persons investigations and homicide cases involving indigenous victims;

(b) Develop a best practices protocol for law enforcement response to reports of missing indigenous people;

(c) Conduct case reviews and report on the results of case reviews for the following types of missing or murdered indigenous relatives cases:

(I) Cold cases for missing indigenous people; and

(II) Death investigation review for cases of indigenous people ruled as suicide or overdose under suspicious circumstances;

(d) Develop and enhance partnerships with tribal law enforcement and communities to build trust, ensure ease of reporting, coordinate investigations, and timely enter information regarding missing and murdered indigenous relatives into relevant criminal justice databases;

(e) Work with the federal bureau of investigation on reported missing or murdered indigenous relative cases and coordinate with local law enforcement as necessary for the investigation of the cases;

(f) Update tribal law enforcement agencies on the status of cases involving a missing or murdered member of the tribe;

(g) Coordinate, as relevant, with the federal bureau of Indian affairs' cold case office established as part of its operation lady justice initiative, other federal efforts, and efforts in neighboring states to investigate cold cases involving missing or murdered indigenous relatives. This subsection (1)(g) pertains to state and federal investigative efforts. Tribes are sovereign nations that have the right to determine if and how they will coordinate any investigative efforts.

(h) Coordinate with other state and local offices including, but not limited to, agency tribal liaisons, the Colorado commission of Indian affairs, and county coroners to develop training and education on missing or murdered indigenous persons issues, spiritual practices or ceremonies pertaining to human remains of an indigenous person, and the government-to-government relationship between the state and tribes;

(i) Work with the peace officer standard and training board to facilitate training for law enforcement and members of the public on issues relating to missing or murdered indigenous persons;

(j) Develop best practices for data accuracy and procedures to update records when indigenous victims are incorrectly identified in reports and recommend policies and best practices for maintaining accurate data and correcting victim identity inaccuracies in reports to relevant tribal, state, and federal law enforcement agencies and any other relevant government agencies;

(k) Coordinate with other states to ensure Colorado is enacting and using best practices for reporting, tracking, and investigating missing or murdered indigenous relatives cases and to identify cases involving repeat offenders;

(l) Recommend to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and any relevant law enforcement agencies, legislative and agency actions to address injustice in the criminal justice system's response to the cases of missing or murdered indigenous relatives;

(m) Develop recommendations and facilitate training to strengthen the trauma-informed and victim-centered response of law enforcement, courts, and the health-care system as to the cause of violence against indigenous survivors and make the recommendations available to interested organizations, relevant tribal, state, and federal law enforcement agencies, and any other relevant agencies;

(n) Assist families, tribal agencies, and nongovernmental entities in using the national missing and unidentified persons system administered by the national institute of justice within the United States department of justice, and other resources;

(o) Provide guidance to families of indigenous victims on how to navigate state and federal district court cases;

(p) Inform indigenous community members and family members about active community-led grassroots or volunteer collaborations that are organizing or conducting search efforts, support groups, or other supportive efforts that are relevant to the community's or family member's missing or murdered indigenous relative; and

(q) Consult with indigenous-led community organizations that serve indigenous populations to promote, and develop best practices for promoting, community relations with indigenous populations.
C.R.S. § 24-35-120 — CO Code / Title 24 / Article 35 / Part 1 / Section 24-35-120
24-35-120. Peace officer hiring - required use of waiver - definitions
Status: in_force

24-35-120. Peace officer hiring - required use of waiver - definitions. (1) The department of revenue shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the department and releases the department and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the department of revenue to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the department of revenue. The department of revenue shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the department of revenue not more than twenty-one days after such receipt.

(2) A state or local law enforcement agency is not required to provide the disclosures described in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016, or participating in an official oral interview with an investigator regarding the candidate.

(3) A state or local law enforcement agency or governmental entity is not liable for complying with the provisions of this section.

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

(a) "Files" means all performance reviews, any other files related to job performance, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information.

(b) "State or local law enforcement agency" means:

(I) The Colorado state patrol created pursuant to section 24-33.5-201;

(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401;

(III) A county sheriff's office;

(IV) A municipal police department;

(V) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124; or

(VI) A town marshal's office.
C.R.S. § 24-60-2202 — CO Code / Title 24 / Article 60 / Part 22 / Section 24-60-2202
24-60-2202. Execution of compact
Status: in_force

24-60-2202. Execution of compact. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado, which shall be known as the "Rocky Mountain Low-level Radioactive Waste Compact", with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
C.R.S. § 24-36-117 — CO Code / Title 24 / Article 36 / Part 1 / Section 24-36-117
24-36-117. Governor may make examination
Status: in_force

24-36-117. Governor may make examination. The governor may at any time examine, or cause to be examined, the books, records, warrants, and checks kept in the treasury department and the securities held in the custody of the state treasurer, and for such purpose he or she shall be permitted full and free access.
C.R.S. § 24-54-116 — CO Code / Title 24 / Article 54 / Section 24-54-116
24-54-116. Modification of a defined benefit plan or system - legislative declaration - rep
Status: repealed

24-54-116. Modification of a defined benefit plan or system - legislative declaration - repeal. (Repealed)
C.R.S. § 24-51-204 — CO Code / Title 24 / Article 51 / Part 2 / Section 24-51-204
24-51-204. Duties of the board
Status: in_force

24-51-204. Duties of the board. (1) The trustees shall elect from among themselves a chairman and any other officers as may be necessary for the board to carry out its duties and responsibilities.

(2) The board shall set the time and place for meetings and conduct those meetings in accordance with the provisions of part 4 of article 6 of this title and shall maintain a record of its proceedings.

(3) No vote of the board shall take place without a quorum present.

(4) The board shall appoint and set the compensation for an executive director to administer the association.

(5) The board shall adopt and promulgate such rules for the administration of the association and to specify the factors to be used in actuarial determinations or calculations required by this article. All rules shall be promulgated in accordance with the provisions of section 24-4-103, and such rules shall be consistent with the provisions of this article or other provisions of law.

(6) The board shall submit to and the state auditor shall conduct or cause to be conducted financial and performance audits of all financial transactions and accounts kept by or for the association in a manner consistent with the requirements set forth in section 2-3-103, C.R.S.

(7) (a) The board or its designated agent shall submit an annual actuarial valuation report to the legislative audit committee and the joint budget committee of the general assembly, together with any recommendations concerning such liabilities that have accrued.

(b) In the annual actuarial valuation, the board shall first determine the total aggregate actuarial funded ratio of the association, apply the adjustments pursuant to section 24-51-1009.5, and then determine the actuarial funded ratio of each division separately.

(7.5) (a) The board or its designated agent shall perform an annual sensitivity analysis to determine when, from an actuarial perspective, model assumptions are meeting targets and achieving sustainability. In furtherance of making this determination, the board or its designated agent shall examine the data that the association currently collects. The board or its designated agent shall deliver an annual report detailing the findings of the analysis to the office of the governor, the joint budget committee, the legislative audit committee, and the finance committees of the senate and the house of representatives, or any successor committees.

(b) For purposes of the analysis required by subsection (7.5)(a) of this section, the association shall provide access to official member information and data under a confidentiality agreement with its designated agent, if applicable.

(8) The board or its designated agent shall prepare and transmit annually a report to the governor regarding the policies, financial condition, and administration of the association.

(9) The board shall obtain, and the association shall pay for, insurance or shall self-insure against liability which arises out of, or in connection with, the performance of duties by any trustee or employee of the association.

(10) The board shall perform all duties imposed on it by law, including but not limited to administering the provisions of the DPS plan for qualifying DPS members. The board shall not be liable for actions of members that do not comply with court orders.

(11) The board shall be immune from claims arising from the enforcement and implementation of laws regarding the consolidation or merger of retirement plans under its administration that are made a part of the association.
C.R.S. § 24-33.5-1207.6 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1207.6
24-33.5-1207.6. Fire suppression cash fund - created
Status: in_force

24-33.5-1207.6. Fire suppression cash fund - created. (1) All moneys collected by the administrator pursuant to the administration of the fire suppression program and pursuant to subsection (2) of this section shall be transmitted to the state treasurer, who shall credit the same to the fire suppression cash fund, which fund is hereby created. All moneys credited to said fund and all interest earned thereon are subject to annual appropriation by the general assembly for paying the expenses of the fire suppression program, and said moneys shall remain in such fund for such purposes and shall not revert or be credited to the general fund.

(2) The administrator may be reimbursed by a unit of local government for the actual, reasonable, and necessary expenses of the division incurred in providing technical assistance in circumstances when the unit of local government collects a fee for technical assistance provided by the division. Nothing in this subsection (2) shall be construed to require a unit of local government to collect a fee for technical assistance provided by the division, and payment of reimbursement shall be at the discretion of the unit of local government.
C.R.S. § 24-75-1102 — CO Code / Title 24 / Article 75 / Part 11 / Section 24-75-1102
24-75-1102. Definitions
Status: in_force

24-75-1102. Definitions. As used in this part 11, unless the context otherwise requires:

(1) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown &Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.

(2) "Settlement moneys" means the moneys received pursuant to the master settlement agreement, other than attorney fees and costs.

(2.5) "Strategic contribution fund moneys" means settlement moneys received by the state from the strategic contribution fund created under the terms of the master settlement agreement.

(3) "Tobacco settlement program" means any program that receives appropriations from moneys received by the state pursuant to the master settlement agreement.
C.R.S. § 24-80-803 — CO Code / Title 24 / Article 80 / Part 8 / Section 24-80-803
24-80-803. Old Spanish trail - marking - legislative declaration
Status: in_force

24-80-803. Old Spanish trail - marking - legislative declaration. (1) (a) The United States congress added the old Spanish national historic trail to the national trails system on December 4, 2002, and authorized the secretary of the interior to administer the trail. The secretary of the interior designated the bureau of land management and the national parks service as coadministrators of the entire trail. The bureau of land management and the national parks service were charged with the development of a comprehensive administrative strategy and draft environmental impact statement, in compliance with the "National Trails System Act", as amended, and the "National Environmental Policy Act", as amended. The comprehensive administrative strategy was finalized in December 2017.

(b) The general assembly hereby recognizes and commends the designation by the congress of the United States of the old Spanish trail as a national historic trail. The general assembly finds and declares that the portions of the old Spanish national historic trail occurring in the state of Colorado are a valuable and noteworthy historic resource that should be identified for the traveling public where they travel on or cross the highways of the state of Colorado.

(c) In order to preserve the landscape, ecological, and ethnographic characteristics of the old Spanish national historic trail, the executive director of the department of transportation shall consult with culturally affiliated American Indian tribes before posting any signs under this section.

(2) Subject to the availability of funding from gifts, grants, or donations, the executive director of the department of transportation shall mark with suitable signs, which may include the original indigenous name as a secondary interpretive theme in accordance with the consultations conducted under subsection (1)(c) of this section, significant route segments and sites recognized as associated with the old Spanish national historic trail in Colorado, as generally depicted on the maps contained in the United States department of the interior, national parks service report entitled "Old Spanish Trail National Historic Trail Feasibility Study and Environmental Assessment", dated July 2001, and as further refined by the secretary of the interior of the United States, where those routes travel on and cross the highways of the state. The department of transportation may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
C.R.S. § 24-1-128.6 — CO Code / Title 24 / Article 1 / Section 24-1-128.6
24-1-128.6. Department of public safety - creation
Status: repealed

24-1-128.6. Department of public safety - creation. (1) There is hereby created a department of public safety, the head of which shall be the executive director of the department of public safety. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(2) The department of public safety consists of the following divisions:

(a) The Colorado state patrol, the head of which is the chief of the Colorado state patrol. The Colorado state patrol and the office of chief, created in part 2 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The responsibilities of the department of public safety and the Colorado state patrol include the powers, duties, and functions of the state department of highways relating to the Colorado state patrol. The responsibilities of the department of public safety and the Colorado state patrol include the powers, duties, and functions of the ports of entry section of the former motor carrier services division of the division of motor vehicles of the department of revenue, which motor carrier services division is abolished pursuant to section 24-1-117 (5), enacted by House Bill 12-1019, in 2012.

(b) Repealed.

(c) The Colorado bureau of investigation, the head of which is the director of the Colorado bureau of investigation. The Colorado bureau of investigation and the office of the director, created in part 4 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The powers, duties, and functions of the department of public safety and the Colorado bureau of investigation include the powers, duties, and functions relating to the Colorado bureau of investigation that were formerly vested in the department of local affairs.

(d) The division of criminal justice, the head of which is the director of the division of criminal justice. The division of criminal justice and the office of the director, created in part 5 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The powers, duties, and functions of the department of public safety and the division of criminal justice include the powers, duties, and functions relating to the division of criminal justice that were formerly vested in the department of local affairs.

(e) Repealed.

(f) (Deleted by amendment, L. 2002, p. 1204, § 1, effective June 3, 2002.)

(g) Repealed.

(h) (I) The division of homeland security and emergency management, the head of which is the director of the division of homeland security and emergency management. The division of homeland security and emergency management and the office of the director, created in part 16 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105. The division of homeland security and emergency management and the office of the director of the division exercise their powers and perform their duties and functions under the department of public safety and are allocated to the division of homeland security and emergency management.

(II) The division of homeland security and emergency management includes the following agencies, which are type 2 entities, as defined in section 24-1-105, and which exercise their powers and perform their duties and functions under the department of public safety:

(A) The office of emergency management, created in part 7 of article 33.5 of this title 24, the head of which is the director of the office of emergency management. Effective July 1, 2012, the powers, duties, and functions of the department of public safety and the office of emergency management under the division of homeland security and emergency management pursuant to this article 1 include the powers, duties, and functions of the former division of emergency management, created in part 21 of article 32 of this title 24, prior to its repeal in 2012.

(B) The office of prevention and security, created in section 24-33.5-1606;

(C) The office of preparedness, created in section 24-33.5-1606.5; and

(D) The office of public safety communication created in section 24-33.5-2502.

(i) The division of fire prevention and control, the head of which is the director of the division of fire prevention and control. The division of fire prevention and control and the office of the director, created in part 12 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety.

(3) Repealed.

(4) (a) The powers, duties, and functions of the department of public safety include the powers, duties, and functions of the Colorado emergency planning commission, created in section 24-33.5-1503, prior to the repeal of that section by House Bill 14-1004, as follows:

(I) The duty to promulgate any rules necessary for implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, the other powers and duties described under section 24-33.5-1503.5 (2), and the duty to administer the SARA Title III fund created in section 24-33.5-1506, are transferred to the department of public safety and allocated to the director of the division of homeland security and emergency management; and

(II) All other functions relating to implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, that were enjoyed by the Colorado emergency planning commission prior to its repeal by House Bill 14-1004, are transferred to the department of public safety and allocated to the emergency planning subcommittee of the homeland security and all-hazards senior advisory committee, which subcommittee is created under section 24-33.5-1614 (3.5).

(b) (Deleted by amendment, L. 2014.)

(5) The witness protection board, created in section 24-33.5-106, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.

(6) The identity theft and financial fraud board, created in section 24-33.5-1703, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.

(7) The cold case task force, created in section 24-33.5-109, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.

(8) Repealed.

(9) The crime victim services advisory board, created pursuant to section 24-4.1-117.3, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of criminal justice in the department of public safety.

(10) The office of school safety, created in section 24-33.5-2702, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office of the executive director in the department of public safety.

(11) The school safety resource center, created in section 24-33.5-1803, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office of school safety in the office of the executive director in the department of public safety.
C.R.S. § 24-36-102 — CO Code / Title 24 / Article 36 / Part 1 / Section 24-36-102
24-36-102. Function of department - employees
Status: in_force

24-36-102. Function of department - employees. (1) The principal function of the treasury department is to receive all state moneys collected by or otherwise coming into the hands of any officer, department, institution, or agency of the state government as required in section 24-36-103 (1) and to deposit and disburse the same in the manner prescribed by law. It shall have no tax collection or enforcement functions whatsoever.

(2) Employees of the treasury department shall be appointed pursuant to the provisions of section 24-2-102, except for one deputy permitted by law, who shall be appointed by the state treasurer.
C.R.S. § 24-115-102 — CO Code / Title 24 / Article 115 / Section 24-115-102
24-115-102. Legislative declaration
Status: in_force

24-115-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The population of the state has grown rapidly in recent years, and that growth has increased the burdens placed upon state and local governments.

(b) The state and local governments have found it difficult to maintain existing infrastructure and to fully fund critical needs due to a decline in state revenues that resulted from an economic downturn and constitutional restrictions on state revenues and expenditures that impaired the ability of the state to fully recover from that decline in state revenues when economic conditions improved.

(c) In enacting this article, it is the intent of the general assembly to provide an administrative framework for the state to use to incur voter-approved multiple-fiscal year financial obligations to be used to finance critical state needs as efficiently and effectively as possible.
C.R.S. § 24-30-202.7 — CO Code / Title 24 / Article 30 / Part 2 / Section 24-30-202.7
24-30-202.7. Lottery winnings offset - definitions
Status: in_force

24-30-202.7. Lottery winnings offset - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Debtor" means a person who owes an outstanding debt.

(b) "Outstanding debt" means any unpaid debt due to the state that is certified by a state agency pursuant to section 24-30-202.4 (2.5), including the collection fee and any allowable fees and costs pursuant to section 24-30-202.4 (8).

(2) A state agency shall provide to the department of revenue the social security number of the debtor, the amount of the debtor's outstanding debt, and any other identifying information required by the department of revenue.

(3) Upon receiving notification from the department of revenue that a lottery cash prize winner appears among those certified by a state agency, the department of revenue shall notify the debtor, in writing, that the state intends to offset the debtor's outstanding debt against the debtor's winnings from the state lottery.

(4) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 44-40-113, the proceeds of the outstanding debt collected shall be accounted for and deposited into the fund or funds required pursuant to section 24-30-202.4 (3)(d).

(5) The executive director of the department of personnel shall promulgate rules pursuant to article 4 of this title establishing procedures to implement this section.
C.R.S. § 24-106-102 — CO Code / Title 24 / Article 106 / Section 24-106-102
24-106-102. Supplementary general principles of law applicable
Status: in_force

24-106-102. Supplementary general principles of law applicable. Unless displaced by the particular provisions of this code, the principles of law and equity, including the "Uniform Commercial Code", the law merchant, and any law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this code.
C.R.S. § 24-90-113.3 — CO Code / Title 24 / Article 90 / Part 1 / Section 24-90-113.3
24-90-113.3. Contract to receive library service
Status: in_force

24-90-113.3. Contract to receive library service. In lieu of establishment of a public library, the legislative body of a governmental unit may contract to receive library service from an existing library, the board of trustees or governing body of which has the reciprocal power to render the service. Any school district may contract for library service from any existing public library, such service to be paid from funds available to the school district for library purposes. Any contract entered into pursuant to this section shall specify, without limitation, the geographic area covered by the contract, the amount of compensation to be paid to the library delivering the service, the term of the contract, and any other information deemed necessary by the contracting parties.
C.R.S. § 24-104-101 — CO Code / Title 24 / Article 104 / Part 1 / Section 24-104-101
24-104-101. Definitions
Status: repealed

24-104-101. Definitions. (Repealed)
C.R.S. § 24-79.5-102 — CO Code / Title 24 / Article 79.5 / Section 24-79.5-102
24-79.5-102. Delinquency charges
Status: in_force

24-79.5-102. Delinquency charges. (1) Notwithstanding any other provision to the contrary, the state shall not impose a delinquency charge except as provided in this section.

(2) No delinquency charge may be collected by the state on any amount due that is paid in full within five days after the scheduled due date.

(3) No delinquency charge shall exceed fifteen dollars or up to five percent per month, or fraction thereof, not to exceed a total of twenty-five percent of the amount due, whichever is greater.

(4) No more than the amount set forth in subsection (3) of this section shall be collected by the state on any amount due regardless of the period of time during which the amount due remains in default.

(5) In the event that an amount due is one of a series of payments to be made toward the satisfaction of a single fee, fine, penalty, or other charge assessed by the state, no more than the amount set forth in subsection (3) of this section shall be collected by the state on any one of such payments regardless of the period of time during which the payment remains in default.

(6) No interest shall be assessed on a delinquency charge.

(7) Nothing in this section shall be construed to prohibit the state from charging interest on an amount due. In no event shall such interest be charged upon a delinquency charge or any amount other than the amount due. In no event shall any such interest charge exceed an annual percentage rate of eighteen percent or the equivalent for a longer or shorter period of time.

(8) Nothing in this section shall be construed to prohibit the state from recovering the costs of collection, including but not limited to disconnection or reconnection fees or penalties assessed where fraud is involved.
C.R.S. § 24-33.5-1803 — CO Code / Title 24 / Article 33.5 / Part 18 / Section 24-33.5-1803
24-33.5-1803. School safety resource center - created - duties
Status: repealed

24-33.5-1803. School safety resource center - created - duties. (1) There is hereby created within the office the school safety resource center to assist schools in preventing, preparing for, responding to, and recovering from emergencies and crisis situations and to foster positive learning environments. The director of the center is appointed by the director of the office pursuant to section 13 of article XII of the state constitution.

(2) The center is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office.

(3) The center has the following duties:

(a) To assist schools in developing and implementing safety and preparedness plans, including but not limited to any such plans that are required by state law or applicable rules of accreditation;

(b) To assist schools in establishing practices and strategies for use in responding to an emergency or crisis situation;

(c) To assist schools in developing and establishing prevention and intervention efforts to ensure safe and secure learning environments;

(d) To conduct regular research and assessment projects to determine the efficacy of statewide and local policies and programming;

(e) To make information and other resources available to all schools and school officials;

(f) (I) To select at least one but not more than five school districts or regions, with the consent of the affected school district boards of education, to serve as pilot sites during the first year of the center's operation. The center shall evaluate and develop enhanced school safety services to be provided by the center to the pilot sites.

(II) In selecting the school districts or regions that shall serve as pilot sites pursuant to subparagraph (I) of this paragraph (f), the center shall designate at least one but not more than three schools within each of the pilot sites to participate in a cooperative effort by all such designated schools within the pilot sites to create a first responder school mapping system to provide first responders immediate electronic or digital access to maps of, and other schematic information about, school buildings at such designated schools in the event of an emergency at the designated schools. In creating the first responder school mapping system, the pilot sites may contract with one or more public or private entities with experience in creating first responder school mapping systems. Before entering into any such contract or otherwise proceeding with plans for the creation of the first responder school mapping system, the pilot sites shall submit the contract or plans to the center to approve or disapprove. The department shall reimburse the pilot sites for the direct and indirect costs of creating the first responder school mapping system pursuant to this subparagraph (II).

(III) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, the development and creation of a first responder school mapping system, pursuant to subparagraph (II) of this paragraph (f), is an important element of improving student safety and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(g) To provide information and resources relating to school safety, school emergency response planning and training, and interoperable communications in schools, as determined by the center, to the division of fire prevention and control in the department of public safety to be distributed to school districts and schools pursuant to section 24-33.5-1213.4. Nothing in this subsection (3)(g) permits providing a firearm, as defined in section 18-1-901, to a school district or a school.

(h) (I) To consult with school districts, schools, and charter schools concerning evidence-based best practices for bullying prevention and education;

(II) To consult with the department of education concerning its administration of the school bullying prevention and education grant program created in section 22-93-102, C.R.S.; and

(III) To submit evidence-based best practices for bullying prevention and education to the department of education for the purposes of section 22-93-106, C.R.S.

(i) Repealed.

(j) To provide information and resources relating to the development and maintenance of school resource officer programs, as determined by the center, to the division of fire prevention and control in the department of public safety for distribution to school districts and schools pursuant to section 24-33.5-1213.4 and to law enforcement agencies and other community partners, as described in section 22-32-109.1, C.R.S.;

(k) To provide suggestions for school resource officer training to the peace officers standards and training board, pursuant to section 24-31-312;

(l) To provide materials and training as described in section 24-33.5-1809 to personnel in school districts and charter schools, parents, and students regarding the awareness and prevention of child sexual abuse and assault, including human trafficking;

(m) By June 1, 2018, to make available a model program that conforms with section 22-1-128, regarding the risks and consequences of sexting for school districts to use, which curriculum must include information informing students of the provisions of section 18-7-109, including that, if a student receives a sexually explicit image in violation of section 18-7-109, the student can avoid adjudication as a juvenile delinquent by taking reasonable steps to either destroy or delete or report the initial viewing of the image within seventy-two hours after receiving the image; and

(n) (I) To act as a resource for school districts, public schools, charter schools, and institute charter schools concerning training for crisis and suicide prevention, as that term is defined in section 25-1.5-112; and

(II) To work collaboratively with the office of suicide prevention in the department of public health and environment concerning the crisis and suicide prevention training grant program created in section 25-1.5-113.

(4) Subject to the provisions of section 13 of article XII of the state constitution, the director shall appoint employees necessary to conduct an efficient center.
C.R.S. § 24-80.1-102 — CO Code / Title 24 / Article 80.1 / Section 24-80.1-102
24-80.1-102. Definitions
Status: in_force

24-80.1-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Action" means any state activity, program, project, or undertaking or the approval, sanction, assistance, or support of any activity, policy, program, project, or undertaking, including but not limited to:

(a) Recommendations or reports relating to legislation, including requests for appropriations;

(b) New and continuing activities, programs, projects, or undertakings directly engaged in by agencies or supported in whole or in part through state contracts, grants, subsidies, loans, or other forms of funding assistance or involving a state lease, permit, license, certificate, or other entitlement of use;

(c) The sale or transfer of state properties;

(d) Comprehensive or areawide planning in which provisions may be made for any actions or which may result in a proposed action.

(2) "Agency" means any principal department of this state as provided in section 24-1-110.

(3) "Comment" means any notation, observation, remark, or recommendation made in response to a proposed agency action.

(4) "Decision" means the exercise of agency authority at any stage of an action where alterations might be made in the action to modify its impact upon cultural properties.

(5) "Effect" means any change in the quality of the historical, archaeological, or architectural character that qualified property for entry in the state register.

(6) "Historical significance" means having importance in the history, architecture, archaeology, or culture of this state or any political subdivision thereof or of the United States, as determined by the society.

(7) "Local government" means a municipality or a county.

(8) "National register" means the national register of historic places maintained pursuant to 54 U.S.C. sec. 302101 et seq.

(9) "Preservation" means the protection, enhancement, and maintenance of historic properties.

(10) "Properties" means the resources, including buildings, structures, objects, sites, districts, or areas, that are of historical significance.

(11) "Review" means the examination of information related to agency actions in order to assess the effect of such actions on properties listed in the state register.

(12) "Society" means the state historical society.

(13) "State register" means the state register of historic properties.

(14) "Water supply structure" means a head gate, ditch, canal, flume, reservoir, bypass, pipeline, conduit, well, pump, or other facility, structure, or device used to store, divert, transport, or control water, and any appurtenances thereto. "Water supply structure" includes any grouping of such structures.
C.R.S. § 24-33.5-504 — CO Code / Title 24 / Article 33.5 / Part 5 / Section 24-33.5-504
24-33.5-504. Policy guidelines for state plans and fund distribution
Status: in_force

24-33.5-504. Policy guidelines for state plans and fund distribution. (1) In addition to the plans developed under section 24-33.5-503 (1)(b), separate plans may be developed for each region designated by the division of planning in the department of local affairs. The state plan shall take into account the regional plans but shall not be a mere compilation of them. Separate county or municipal plans shall also be developed as necessary within a metropolitan region.

(2) The state plan shall provide for the distribution of financial grants to local law enforcement and other agencies in such a way that each grant is of sufficient size to make a significant impact. Grants should be used to encourage coordination and consolidation of law enforcement agencies where appropriate and shall not be used in such a way as to perpetuate unnecessary fragmentation of the criminal justice system.

(3) In the distribution of planning funds and action grants, the state plan shall give due regard to the relative needs of different areas for planning and program help and encouragement, shall consider population and the incidence of major crime, and shall weigh the probable contribution of the grant to the improvement of law enforcement and justice through conventional programs and through new, innovative, or pilot approaches.
C.R.S. § 24-37-303 — CO Code / Title 24 / Article 37 / Part 3 / Section 24-37-303
24-37-303. Governor has final authority
Status: in_force

24-37-303. Governor has final authority. The final authority and decision in all matters relating to the executive budget is hereby vested in the governor.
C.R.S. § 24-82-404 — CO Code / Title 24 / Article 82 / Part 4 / Section 24-82-404
24-82-404. Delegation of power
Status: in_force

24-82-404. Delegation of power. The director may delegate to any employee of the state agency such power as he deems reasonable and proper for the effective administration of this part 4. The director of the state agency shall be bonded in an amount determined proper and sufficient by the governor, and the director may in his discretion, with the approval of the governor, bond any person in the employ of the state agency handling moneys, signing checks, or receiving or distributing property from the United States under authority of this part 4.
C.R.S. § 24-75-218 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-218
24-75-218. Transfers of general fund surplus - repeal
Status: repealed

24-75-218. Transfers of general fund surplus - repeal. (Repealed)
C.R.S. § 24-46.6-102 — CO Code / Title 24 / Article 46.6 / Section 24-46.6-102
24-46.6-102. Study on intrastate air service in Colorado - funding
Status: repealed

24-46.6-102. Study on intrastate air service in Colorado - funding.

(1) Repealed.

(2) There is hereby created in the state treasury the Colorado intrastate air service study fund. The fund shall consist of moneys received as a result of an intergovernmental agreement between the city and county of Denver and the division of aeronautics, which is hereby authorized to enter into such agreement, or moneys transferred in accordance with the provisions of section 43-10-110 (2)(a)(I), C.R.S., as applicable. Moneys in the fund shall be used to fund a study of intrastate air service in Colorado as provided in subsection (1) of this section. Any moneys received as a result of an intergovernmental agreement between the city and county of Denver and the division of aeronautics remaining in the fund as of July 1, 1997, shall be returned to the city and county of Denver. Any moneys transferred in accordance with the provisions of section 43-10-110 (2)(a)(I), C.R.S., remaining in the fund as of July 1, 1997, shall be transferred to the governmental entity operating the largest airport in the state during the fiscal year commencing July 1, 1996.
C.R.S. § 24-31-808 — CO Code / Title 24 / Article 31 / Part 8 / Section 24-31-808
24-31-808. Medicaid fraud and waste - penalties - definition
Status: repealed

24-31-808. Medicaid fraud and waste - penalties - definition. (1) A person commits medicaid fraud and waste when that person knowingly and willfully:

(a) With intent to defraud, makes a claim, or causes a claim to be made, knowing the claim contains material information that is false, in whole or in part, by commission or omission;

(b) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use in obtaining or seeking to obtain authorization to provide a good or a service, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission;

(c) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use by another in obtaining a good or a service under the medicaid program, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission;

(d) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use in qualifying as a provider of a good or service under the medicaid program, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission;

(e) With intent to defraud, signs or submits, or causes to be signed or submitted, a statement described in section 24-31-807 with the knowledge that the application, report, claim, or invoice for services provided under contract contains material information that is false, in whole or in part, by commission or omission;

(f) Except as authorized by law, and without consent of the beneficiary, charges any beneficiary money or other consideration in addition to or in excess of rates of remuneration established under the medicaid program for the services provided to the beneficiary;

(g) Having submitted a claim for or received payment for a good or a service under the medicaid program:

(I) With the intent to prevent their disclosure and review by representatives of the state or their designees, alters, falsifies, or conceals any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received; destroys or removes such records; or fails to maintain such records as required by law or the rules of the department of health care policy and financing for a period of at least six years following the date on which payment was received; or

(II) Alters, falsifies, or conceals any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based, or destroys or removes such records with the intent to prevent their review by representatives of the state or their designees;

(h) Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or service under the medicaid program stating that he or she is in compliance with all provisions of section 25.5-4-416, knowing that the statement or representation contains material information that is false, in whole or in part, through commission or omission; or

(i) Except as authorized by law, and without consent of the beneficiary, recovers or attempts to recover payment from a beneficiary under the medicaid program or from the beneficiary's family or fails to credit the state for payments received from other sources.

(2) Absent knowing or willful conduct, a provider is not liable for medicaid fraud and waste committed by a third party. A provider does not knowingly and willfully violate a requirement, standard, or directive contained in written materials issued by the department of health care policy and financing that was not promulgated in accordance with the "State Administrative Procedure Act", article 4 of title 24, unless the provider has actual knowledge of such requirement, standard, or directive at the time of the violation.

(3) Medicaid fraud in violation of subsections (1)(a) to (1)(c) or (1)(f) of this section is:

(a) A petty offense if the aggregate amount of payments illegally claimed or received is less than three hundred dollars;

(b) Repealed.

(c) A class 2 misdemeanor if the aggregate amount of payments illegally claimed or received is three hundred dollars or more but less than one thousand dollars;

(d) A class 1 misdemeanor if the aggregate amount of payments illegally claimed or received is one thousand dollars or more but less than two thousand dollars;

(e) A class 6 felony where the aggregate amount of payments illegally claimed or received is two thousand dollars or more but less than five thousand dollars;

(f) A class 5 felony where the aggregate amount of payments illegally claimed or received is five thousand dollars or more but less than twenty thousand dollars;

(g) A class 4 felony where the aggregate amount of payments illegally claimed or received is twenty thousand dollars or more but less than one hundred thousand dollars;

(h) A class 3 felony where the aggregate amount of payments illegally claimed or received is one hundred thousand dollars or more but less than one million dollars; and

(i) A class 2 felony where the aggregate amount of payments illegally claimed or received is one million dollars or more.

(4) Medicaid fraud as a violation of subsection (1)(d), (1)(e), (1)(g), (1)(h), or (1)(i) of this section is a class 5 felony and shall be punished as provided in section 18-1.3-401.

(5) A person may not be convicted of medicaid fraud and waste in addition to theft or forgery with respect to the same transaction.
C.R.S. § 24-80-911.3 — CO Code / Title 24 / Article 80 / Part 9 / Section 24-80-911.3
24-80-911.3. State reptile
Status: in_force

24-80-911.3. State reptile. The western painted turtle (chrysemys picta bellii) is hereby made and declared to be the state reptile of the state of Colorado.
C.R.S. § 24-48.5-102 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-102
24-48.5-102. Small business assistance center
Status: in_force

24-48.5-102. Small business assistance center. (1) (a) In addition to the powers and duties specified in section 24-48.5-101, the Colorado office of economic development shall include the small business assistance center, which shall provide comprehensive information on the federal, state, and local requirements necessary to begin a business and shall make this information available to the public. The office shall also have available comprehensive information on the forms and merits of employee ownership and the revolving loan program described in section 24-48.5-124 (4).

(b) (I) The small business assistance center shall also create a small business navigator that shall provide a single point of contact for small businesses in order to facilitate and assist small businesses by:

(A) Diagnosing problems;

(B) Providing information and streamlining referrals to small business development centers, the Colorado credit reserve program, the federal small business credit initiative, or other such centers or organizations;

(C) Providing information regarding state government contracting offices and processes;

(D) Providing assistance with state rules; and

(E) Conducting any follow-up with the small business as needed.

(II) On or before January 15, 2012, and on or before each January 15 thereafter, the Colorado office of economic development shall submit a report to the business, labor, and technology committee of the senate and the economic and business development committee of the house of representatives, or such successor committees, which report shall include the number of small businesses being served by the small business navigator.

(2) The small business assistance center shall have the authority to accept and expend moneys from sources other than the state of Colorado for the purpose of performing specific projects, studies, or procedures, or to provide assistance. Such projects, studies, procedures, or assistance shall be reviewed and approved by the Colorado office of economic development and shall be consistent with the duties, authority, and purposes of the Colorado office of economic development as established in this article. Any receipt and expenditure of funds shall be reported to the general assembly as part of the office's annual budget request.

(3) The services rendered by the center shall be made available without charge; except that the applicant shall not be relieved from any part of the fees or charges established for the review and approval of specific permit applications, from any of the apportioned costs of a consolidated hearing conducted under this section, or from the costs of any contracted services as authorized by the applicant under this section.

(4) Any person who provides information developed by the center and charges any fee for such information shall disclose in at least ten-point type, before any obligation is incurred, that such information is available at no cost from the center. Any person who knowingly fails to make the disclosure required by this subsection (4) commits a civil infraction and shall be punished as provided in section 18-1.3-503.
C.R.S. § 24-92-209 — CO Code / Title 24 / Article 92 / Part 2 / Section 24-92-209
24-92-209. Enforcement - rules
Status: in_force

24-92-209. Enforcement - rules. (1) Upon receipt of a complaint from an employee, a former employee, or a contracting agency derived from an analysis of certified payroll records, a contracting agency of government shall report any perceived violation of this part 2 to the contractor within forty-eight hours of being made aware of the perceived violation. In connection with the perceived violation:

(a) The contracting agency of government shall allow the contractor to cure the perceived violation within fifteen calendar days if the contractor can demonstrate the instance in question was the result of legitimate administrative error.

(b) If the contractor does not remedy the perceived violation within fifteen calendar days or if the contracting agency determines that the perceived violation was willful, the contracting agency shall report the perceived violation to the department of labor and employment for investigation.

(2) (a) The department of labor and employment shall investigate all complaints referred to the department by the contracting agency of government to determine if the perceived violation was conducted in a willful manner.

(b) For the purposes of this section, "willful violation" includes intentional violations and those violations made with reckless disregard or deliberate ignorance of the law.

(3) If the department of labor and employment determines that a willful violation occurred, it shall require restitution of applicable back pay for the impacted employees and shall subject the contractor to the following fines:

(a) Five thousand dollars for the first violation;

(b) Ten thousand dollars for the second violation; and

(c) Twenty-five thousand dollars for the third and all subsequent violations.

(4) At the discretion of the director, the contractor may be debarred if they have been found to have three or more willful violations in any five year period. The term of debarment will be three years.

(5) The department of labor and employment shall maintain a list of contractors who have been found to have willfully violated this act, including details of the violation, on a publicly available website.

(6) If a contracting agency of government or the department of labor and employment fails to resolve an actionable wage claim within one hundred twenty days from the date of the initial determination by the department that a willful violation occurred, the employee shall have the right to file a private lawsuit pursuant to section 24-92-210.

(7) The department of labor and employment shall promulgate rules in accordance with article 4 of this title 24 as may be necessary to administer and enforce any requirement of this part 2. Such rules shall include a reasonable administrative appeal process for determinations made pursuant to this section and an administrative process for an employee or former employee of a contractor or subcontractor to file a complaint for a violation of this part 2.
C.R.S. § 24-30-2003 — CO Code / Title 24 / Article 30 / Part 20 / Section 24-30-2003
24-30-2003. Energy cost-savings contracts
Status: in_force

24-30-2003. Energy cost-savings contracts. (1) A state agency may enter into an energy cost-savings contract with any person or entity experienced in the design and implementation of utility cost-savings measures for buildings or other facilities, with any person or entity experienced in the calculation and analysis of vehicle fleet operational and fuel cost savings, or with the entity or person who performed the energy analysis and recommendations pursuant to section 24-30-2002 if:

(a) (I) In the case of a utility cost-savings contract, the energy analysis and recommendations made pursuant to section 24-30-2002 indicate that the expected annual contract payments required under the utility cost-savings contract and any additional maintenance costs for one or more utility cost-savings measures are expected to be equal to or less than the sum of the utility cost savings and operation and maintenance cost savings achieved by the implementation of such measures on an annual basis; or

(II) In the case of a vehicle fleet operational and fuel cost-savings contract, the energy analysis and recommendations made pursuant to section 24-30-2002 indicate that the expected annual contract payments required under the vehicle fleet operational and fuel cost-savings contract for one or more vehicle fleet operational and fuel cost-savings measures are expected to be equal to or less than the sum of the vehicle fleet cost savings achieved by the implementation of such measures on an annual basis; and

(b) The state personnel director or the director's designee, with input from the director of the state energy office, pursuant to criteria contained in procedures established by the state personnel director, approves the energy analysis and recommendations made pursuant to section 24-30-2002.

(2) (a) Except as provided in paragraph (b) of this subsection (2), an energy cost-savings contract shall be negotiated by the state agency pursuant to the negotiation requirements described in part 14 of this article.

(b) The negotiation requirements described in part 14 of this article and any other state competitive bidding or procurement provision shall not apply to a state agency that enters into an energy cost-savings contract with the entity or person who performed the energy analysis for and made recommendations to the state agency pursuant to section 24-30-2002.

(3) An energy cost-savings contract may include appropriate financed purchase of an asset or certificate of participation or other authorized financing agreements.

(4) The legislative authorization required by section 24-82-801 (1) shall not apply to a financed purchase of an asset or certificate of participation agreement in an energy cost-savings contract and no subsequent legislative authorization shall be required for any payment made pursuant to such an agreement.

(5) Payments by a state agency required under an energy cost-savings contract may be made from moneys appropriated to the state agency for operating expenses or utilities appropriations available to the state agency at the time the contract payments are due.

(6) The provisions of articles 91 and 92 of this title shall not apply to utility cost-savings contracts.

(7) Utility cost-savings contracts shall be subject only to the supervisory provisions of part 13 of this article.

(8) All savings realized as a result of an energy cost-savings contract that are in excess of the annual calculated savings by such contract may be utilized as provided in section 24-75-108 (3).

(9) The energy cost-savings contracts authorized by this section shall provide that all of the obligations of the state under such contracts shall be subject to the action of the general assembly in annually making moneys available for all payments thereunder and that the obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the constitution.

(10) The state personnel director may establish procedures containing criteria for authorization of energy cost-savings contracts.
C.R.S. § 24-71.3-104 — CO Code / Title 24 / Article 71.3 / Section 24-71.3-104
24-71.3-104. Prospective application
Status: in_force

24-71.3-104. Prospective application. This article applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after May 30, 2002.
C.R.S. § 24-30-202.5 — CO Code / Title 24 / Article 30 / Part 2 / Section 24-30-202.5
24-30-202.5. Assistant state solicitors general
Status: in_force

24-30-202.5. Assistant state solicitors general. The state solicitor general shall appoint such assistants as are reasonably necessary to perform the legal services which the controller may require to carry out the duties of collection of debts due the state.
C.R.S. § 24-60-4001 — CO Code / Title 24 / Article 12 / Part 40 / Section 24-60-4001
24-60-4001. Short title
Status: in_force

24-60-4001. Short title. The short title of this part 40 is the "Agreement Among the States to Elect the President by National Popular Vote".
C.R.S. § 24-46-308 — CO Code / Title 24 / Article 46 / Part 3 / Section 24-46-308
24-46-308. Annual report - audit
Status: in_force

24-46-308. Annual report - audit. (1) Within ninety days of the end of the first full state fiscal year after the commission approves a regional tourism project and on the same date each year thereafter, the financing entity shall prepare and submit to the commission an annual report detailing the total amount of state sales tax increment revenue that the regional tourism project has collected over the past year, how such revenue has been spent, projected revenue for the remainder of the period for which the regional tourism project may collect state sales tax increment revenue, and a summary of the status of construction of the eligible improvements. If any information provided in the annual report is a trade secret, proprietary, or otherwise entitled to protection pursuant to article 72 of this title, it shall be so designated and shall be kept confidential by the state. The governing body of the financing entity shall attest to the accuracy of the information provided in the annual report.

(2) With the annual report, a financing entity shall submit an independent audit of its financial status that is prepared by a certified public accountant attesting to the accuracy of the annual report. In the report, the financing entity shall state whether any state sales tax increment revenue is being used for purposes other than for eligible costs, and any other financial information that is reasonably required by the commission.

(3) If the audit finds that state sales tax increment revenue has been used for unauthorized purposes, the financing entity shall be liable for the repayment of such state sales tax increment revenue to the project or to the general fund of the state. The repayment may be made from moneys of the financing entity derived from sources other than state sales tax increment revenue, if any, by offset against future state sales tax increment revenue that otherwise would be disbursed to it by the department of revenue, or from other moneys that are legally available to the financing entity for such purpose.

(4) If the financing entity is a county revitalization authority, a metropolitan district, or an urban renewal authority, it may comply with the requirements of this section by submitting to the commission a copy of the report that the metropolitan district or urban renewal authority is otherwise required to submit to a local government pursuant to law. Such copy must be delivered to the commission concurrently with the delivery of the annual report and audit when otherwise required by law.

(5) The Colorado office of economic development and the department of revenue shall prepare a report to be submitted by the office no later than November 1 of the applicable fiscal year to the finance committees of the house of representatives and senate, the business and economic development committee of the house of representatives, and the business, labor, and technology committee of the senate, or any successor committees. The report shall present information on all tax expenditures for regional tourism economic development during the prior fiscal year and shall include information from the reports required pursuant to subsection (6) of this section.

(6) (a) Each year, no later than September 1, the department of revenue shall report the aggregate amount of state sales tax increment revenue diverted to financing entities for approved projects.

(b) Every two years, no later than September 1, the Colorado office of economic development and the department of revenue shall report detailed information on each project approved to receive state sales tax increment revenue, including but not necessarily limited to:

(I) The name, address, and contact for each recipient;

(II) The amount of sales tax revenue diverted for the project;

(III) The boundaries of the approved regional tourism zone and narrative for the project;

(IV) The proposed term of financing and the percent of the new net revenue that is approved for the project;

(V) The actual state sales tax revenue collected within the zone compared to the projected revenues contained in the approved application;

(VI) The number of net new jobs directly created by the project in each category as defined by the Colorado department of labor and employment occupation employment statistics survey and the wages and health benefits for jobs in each category; and

(VII) An assessment of the overall effectiveness of the project.
C.R.S. § 24-50-125.4 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-125.4
24-50-125.4. Hearings
Status: in_force

24-50-125.4. Hearings. (1) Except for discrimination appeals that may also be filed with the Colorado civil rights division in the department of regulatory agencies, all appeals from actions of the state personnel director, appointing authorities, and agencies that are specifically appealable to the board under the state constitution or this article shall be filed with the board within ten days of receipt of notice of such action.

(2) The board shall give written notice of the time and place of a hearing to the parties involved at least twenty days before the date set for the hearing. The hearing shall commence not later than ninety calendar days after submission of the appeal to the board and may be continued only once for good cause for no longer than thirty days with the approval of the board.

(3) The board or an administrative law judge for the board shall issue a written decision within forty-five calendar days after the conclusion of the hearing and the submission of briefs. Any party may appeal the decision of the board to the court of appeals within forty-nine days in accordance with section 24-4-106 (11).

(4) If an administrative law judge conducts a hearing on behalf of the board, any party who seeks to modify the initial decision must file an appeal with the board within thirty days of the initial decision pursuant to section 24-4-105 (14). Within sixty days after the record is designated in accordance with section 24-4-105 (15)(a), the board shall certify the record. The board shall conduct its review in accordance with section 24-4-105 (15)(b) and issue its final decision within ninety days after the record has been certified.

(5) If any party is responsible for any inexcusable delay in conducting the hearing or in the issuance of a decision, the responsible party shall pay the opposing party's costs, including attorney fees.

(6) The board or an administrative law judge for the board may give any written notices or issue any written decisions required in this section by either regular or electronic mail or by facsimile. The board shall promulgate rules in accordance with article 4 of this title to establish a uniform system for service of written notices and decisions.
C.R.S. § 24-103-702 — CO Code / Title 24 / Article 103 / Part 7 / Section 24-103-702
24-103-702. Reporting of anticompetitive practices
Status: in_force

24-103-702. Reporting of anticompetitive practices. When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general.
C.R.S. § 24-50-401 — CO Code / Title 24 / Article 50 / Part 4 / Section 24-50-401
24-50-401. Office hours of state offices
Status: in_force

24-50-401. Office hours of state offices. (1) All offices in the executive and judicial departments of the state government shall be and remain open for business daily, except on Saturdays, Sundays, and legal holidays, from the hour of 8:30 a.m. until the hour of 5:00 p.m.; except that nothing in this section shall affect the validity of any act performed by either of said departments before or after the hours specified in this section.

(2) Notwithstanding the provisions of subsection (1) of this section, when a city or city and county and the suburban area within a ten-mile radius of the boundaries thereof have a population in excess of fifty thousand inhabitants, the offices of any executive department of the state government located therein may vary its business hours from those indicated in subsection (1) of this section whenever the executive director of the principal department, with the approval of the governor, determines that such adjustment of hours will help alleviate peak traffic conditions and provide a more even flow of traffic for the purpose of creating safer highway conditions.

(3) Written notice of the variance permitted under subsection (2) of this section shall be given to the local news media of such cities or cities and counties not less than two weeks preceding the effective date of such variance.

(4) Employees in the state personnel system who are required to work on general election day during the hours the polls are open pursuant to section 1-7-101, C.R.S., shall be granted two hours' administrative leave in which to vote pursuant to the provisions of section 1-7-102, C.R.S. The state personnel director shall promulgate rules in accordance with article 4 of this title for the implementation of this subsection (4).
C.R.S. § 24-31-106 — CO Code / Title 24 / Article 31 / Part 1 / Section 24-31-106
24-31-106. Rights of crime victims - victims' services coordinator
Status: in_force

24-31-106. Rights of crime victims - victims' services coordinator. (1) To ensure that the constitutional and statutory rights of victims are preserved in criminal cases being prosecuted or defended by the department, the attorney general may appoint, in accordance with section 13 of article XII of the state constitution, a victims' services coordinator.

(2) The victims' services coordinator shall perform such services as designated by the attorney general to ensure that victims of crime are afforded the rights described in section 24-4.1-302.5 with regard to criminal cases being prosecuted or defended by the department.

(3) The attorney general may further direct the victims' services coordinator to provide appropriate services to the victims of crime, as defined by section 18-1-104 (1), whose cases are being handled on appeal by the department.

(4) The position of victims' services coordinator is subject to the state personnel system and shall be properly classified under the state personnel director's classification system.
C.R.S. § 24-54.3-103.5 — CO Code / Title 24 / Article 54.3 / Section 24-54.3-103.5
24-54.3-103.5. Colorado secure savings program board - powers - duties
Status: in_force

24-54.3-103.5. Colorado secure savings program board - powers - duties. (1) The board shall have the following powers and duties:

(a) To establish, implement, and maintain the program developed pursuant to section 24-54.3-104;

(b) To adopt rules for the general administration of the program;

(c) To direct the state treasurer to hire staff to support the oversight and administration of the program;

(d) To develop an investment policy statement and oversee the investment of the funds contributed to accounts in the program consistent with the investment restrictions established by the board. The investment restrictions shall be consistent with the objectives of the program, and the board shall exercise the judgment and care then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs with due regard to the probable income and level of risk from certain types of investments of money, in accordance with the policies established by the board.

(e) To collect application, account, or administrative fees to defray the costs of administering the program;

(f) To create a grant program to incentivize compliance with the program and defray the costs of small businesses with five to twenty-five employees;

(g) To seek and accept gifts, grants, and donations to be used for the grant program and for the purposes of this article 54.3, unless such gifts, grants, or donations would result in a conflict of interest relating to the solicitation of vendors for program administration;

(h) To make and enter into contracts, agreements, or arrangements, and to retain, employ, and contract for any of the following services considered necessary or desirable, for carrying out the purposes set forth in this article 54.3:

(I) Services of private and public financial institutions, depositories, consultants, investment advisers, investment administrators, and third-party program administrators;

(II) Research, technical, and other services; and

(III) Services of other state agencies to assist the board in its duties;

(i) To set penalties for employers that do not comply with the requirements of the program and work with the department of labor and employment to enforce compliance with the program;

(j) To evaluate the need and procedures, if necessary, for the program, program administration, and board members to have private insurance;

(k) To develop and implement an outreach plan to gain input and disseminate information regarding the program and retirement savings in general;

(l) To assess the feasibility of multi-state or regional agreements to administer the program through shared administrative resources and enter into those agreements if determined beneficial; and

(m) To include financial education as a part of the secure savings program implementation to the extent feasible given available resources.

(2) The board may enter into intergovernmental agreements with the secretary of state, the department of revenue, the department of labor and employment, and any other agency that the board deems appropriate to provide outreach, technical assistance, or compliance services for the purposes of this article 54.3. Any agency that enters into an intergovernmental agreement with the board pursuant to this section shall collaborate with the board to provide the outreach, technical assistance, or compliance services to the board.
C.R.S. § 24-32-906 — CO Code / Title 24 / Article 32 / Part 9 / Section 24-32-906
24-32-906. Recognition of similar standards
Status: repealed

24-32-906. Recognition of similar standards. (Repealed)
C.R.S. § 24-4.1-101 — CO Code / Title 24 / Article 4.1 / Part 1 / Section 24-4.1-101
24-4.1-101. Legislative declaration
Status: in_force

24-4.1-101. Legislative declaration. The general assembly hereby finds that an effective criminal justice system requires the protection and assistance of victims of crime and members of the immediate families of such victims in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. The general assembly hereby intends to provide protection and assistance to victims and members of the immediate families of such victims by declaring and implementing the rights of such persons and by lessening the financial burden placed upon victims due to the commission of crimes. This article shall be liberally construed to accomplish such purposes.
C.R.S. § 24-101-102 — CO Code / Title 24 / Article 101 / Part 1 / Section 24-101-102
24-101-102. Purposes - rules of construction
Status: in_force

24-101-102. Purposes - rules of construction. (1) This code shall be construed and applied to promote its underlying purposes and policies.

(2) The underlying purposes and policies of this code are:

(a) To simplify, clarify, and modernize the law governing procurement by the state of Colorado;

(b) To provide for increased public confidence in the procedures followed in public procurement;

(c) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the state of Colorado;

(d) To provide increased economy in state procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the state of Colorado;

(e) To foster effective broad-based competition within the free enterprise system; and

(f) To provide safeguards for the maintenance of a procurement system of quality and integrity.
C.R.S. § 24-33.5-2105 — CO Code / Title 24 / Article 33.5 / Part 21 / Section 24-33.5-2105
24-33.5-2105. Grant program - application - criteria - awards
Status: in_force

24-33.5-2105. Grant program - application - criteria - awards. (1) A school is required to have a memorandum of understanding with its regional public safety 911 answering point or the local law enforcement agency or agencies that serve the school for communications interoperability to be eligible to apply for a grant. To receive a grant, a school must submit an application to the office of school safety created in section 24-33.5-2702 in accordance with rules promulgated by the director. At a minimum, the application must include the following information:

(a) A description of the school's current interoperable communication technology, if any;

(b) A summary of compliance with the Colorado school response framework pursuant to section 22-32-109.1 (4) or 22-30.5-503.5;

(c) A description of efforts that the school has taken to coordinate emergency communication with law enforcement, 911 system administrators, and other schools; and

(d) A description of the purpose for which the school would plan to use the grant money, including the proposed training program, joint exercise plan, and interoperability technology solution.

(2) The grant selection committee created in section 24-33.5-2104 (5) shall review the applications received pursuant to this section. In awarding grants, the grant selection committee shall consider the following criteria:

(a) The extent to which the school is fully compliant with the Colorado school response framework pursuant to section 22-32-109.1 (4) or 22-30.5-503.5; and

(b) Whether the school has a crisis management plan in place with safety team members designated for communications with first responders.

(3) Subject to available appropriations, on or before December 31, 2018, and on or before September 1 each year thereafter for the duration of the grant program, the director or the director's designee shall award grants as provided in this part 21. The director or the director's designee shall distribute the grant money within thirty days after the grants are awarded.
C.R.S. § 24-91-103.5 — CO Code / Title 24 / Article 91 / Section 24-91-103.5
24-91-103.5. Public entity - contracts - delay clauses - definition
Status: in_force

24-91-103.5. Public entity - contracts - delay clauses - definition. (1) (a) Any clause in a public works contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused in whole, or in part, by acts or omissions within the control of the contracting public entity or persons acting on behalf thereof, is against public policy and is void and unenforceable.

(b) As used in this subsection (1), "public works contract" means a contract of the state, county, city and county, city, town, school district, special district, or any other political subdivision of the state for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, real property as defined in section 24-30-1301 (15), or any other work dealing with construction, which includes, but need not be limited to, moving, demolition, or excavation performed in conjunction with such work.

(2) Subsection (1) of this section is not intended to render void any contract provision of a public works contract that:

(a) Precludes a contractor from recovering that portion of delay costs caused by the acts or omissions of the contractor or its agents;

(b) Requires notice of any delay by the party responsible for such delay;

(c) Provides for reasonable liquidated damages;

(d) Provides for arbitration or any other procedure designed to settle contract disputes.
C.R.S. § 24-51-907 — CO Code / Title 24 / Article 51 / Part 9 / Section 24-51-907
24-51-907. Form of survivor benefits and single payments
Status: in_force

24-51-907. Form of survivor benefits and single payments. (1) Survivor benefits shall be payable if received by persons specified in section 24-51-905 (1)(a) or (1)(c) or 24-51-906 (1)(a) or (1)(c).

(2) A single payment shall be payable if received by persons specified in section 24-51-905 (1)(e), (1)(f), (2)(b), or (2)(c) or 24-51-906 (1)(e) or (1)(f).

(3) Surviving spouses or dependent parents specified in section 24-51-905 (1)(b), (1)(d), and (2)(a) and in section 24-51-906 (1)(b) and (1)(d) shall be paid survivor benefits unless they also qualify as a named beneficiary specified in section 24-51-905 (1)(e) or (2)(b) or 24-51-906 (1)(e), in which case they may elect to receive a single payment or survivor benefits.
C.R.S. § 24-21-535 — CO Code / Title 24 / Article 21 / Part 5 / Section 24-21-535
24-21-535. Notary public commission in effect
Status: in_force

24-21-535. Notary public commission in effect. A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this part 5. A notary public, in performing notarial acts after July 1, 2018, shall comply with this part 5.
C.R.S. § 24-65.5-103.7 — CO Code / Title 24 / Article 65.5 / Section 24-65.5-103.7
24-65.5-103.7. Deposit for incremental drilling costs
Status: in_force

24-65.5-103.7. Deposit for incremental drilling costs. (1) The deposit for incremental drilling costs required under section 24-65.5-103.3 (1)(b)(III)(C) shall be an amount for each well in an approved oil and gas operations area that is required to be drilled directionally in order to access a bottom-hole location in one of the five drilling windows permitted by the commission under its greater Wattenberg rule, 2 CCR 404-1, rule 318A, as in effect on August 3, 2007, excluding directional wells required by the commission's greater Wattenberg rule, 2 CCR 404-1, rule 318A (e), as such rule was in effect on December 31, 2006, to be drilled at the operator's expense, up to a total of four wells per governmental quarter section, and shall be determined in accordance with the following criteria:

(a) The amount deposited by the applicant for incremental drilling costs shall be eighty-seven thousand five hundred dollars per well, which amount shall be increased or decreased on July 1 of each year in accordance with corresponding percentage increases or decreases in the Denver-Aurora-Lakewood consumer price index, or its applicable predecessor or successor index, published by the United States department of labor, bureau of labor statistics.

(b) As a condition of obtaining approval to record the final plat, the applicant shall provide confirmation to the local government that the applicant has deposited into an escrow account maintained at a commercial financial institution approved by the commission the amount determined under paragraph (a) of this subsection (1) to defray incremental drilling costs to be incurred by mineral estate owners for drilling wells to prospective formations accessible from the oil and gas operations area that could otherwise have been vertically drilled within drilling windows established by the commission that are not included in such oil and gas operations area. As an alternative to such deposit, the applicant may post a letter of credit or other security for such costs in such manner as the commission shall determine to be adequate. An applicant's failure to make such deposit shall not otherwise rescind, curtail, abrogate, or restrict any final approval of an application for development. If a directional well is commenced within the oil and gas operations area after final plat approval by the local government and before recordation of the final plat, the operator shall give written notice to the applicant of such commencement and the applicant shall be required to make the escrow deposit required under this section within ten days after the commencement for each well that is so commenced.

(c) At the end of three years after recording the plat, subject to extension for a period of up to one year during the pendency of any federal, state, or local drilling permit filed within such three-year period, any funds in escrow or posted as security for which a claim has not been made by a mineral estate owner shall be released or returned to the applicant or its designated successor.

(d) A mineral estate owner that begins to drill a well pursuant to a drilling permit approved no later than three years after final plat approval, as such period may be extended as provided in paragraph (c) of this subsection (1), is entitled to draw on the incremental drilling cost account the amount of its actual incremental drilling costs up to eighty-seven thousand five hundred dollars per directional well, as such amount may be adjusted pursuant to paragraph (a) of this subsection (1) and by allocation of earned interest, by presenting to the commission confirmation that the well has been drilled directionally and confirmation regarding the amount of incremental drilling costs it has incurred with respect to such well. Incremental drilling costs eligible for reimbursement shall not include a mark-up for overhead, administrative, or managerial costs in excess of the actual costs directly incurred as the result of directional drilling of wells within oil and gas operations areas. No mineral estate owner is entitled to recover more than the amount of incremental drilling costs initially deposited in the escrow account, plus its proportionate share of accrued interest, divided by the number of wells for which the deposit was initially made. Upon the commission's approval of such information, the commission shall issue a directive to the escrow account holder or security holder to release the designated incremental drilling costs for such well to such mineral estate owner.

(e) Exhaustion of the incremental drilling funds in an escrow account or termination of the account shall not modify the availability of designated oil and gas operations areas for further drilling and other oil and gas operations or the protection afforded well sites, tanks, access roads, flowlines, and pipelines pursuant to section 24-65.5-103.5. The commission shall resolve disputes between the applicant and a mineral estate owner regarding the amount of incremental drilling costs to be deposited in escrow or the amount of such costs for which reimbursement is sought.
C.R.S. § 24-30-1510 — CO Code / Title 24 / Article 30 / Part 15 / Section 24-30-1510
24-30-1510. Risk management fund - creation - authorized and unauthorized payments
Status: in_force

24-30-1510. Risk management fund - creation - authorized and unauthorized payments. (1) (a) There is hereby created in the state treasury a fund to be known as the risk management fund, which shall consist of all moneys that may be appropriated thereto by the general assembly or that may be otherwise made available to it by the general assembly. Moneys "otherwise made available" shall be deemed to include transfers of moneys to the fund authorized in the general appropriation act. All interest earned from the investment of moneys in the risk management fund shall be credited to the risk management fund and become a part thereof. The moneys in the fund are hereby continuously appropriated for the purposes of the risk management fund other than the direct and indirect administrative costs of operating the risk management system. The general assembly shall make annual appropriations from the fund for the direct and indirect administrative costs of operating the risk management system that are attributable to the operation of the risk management fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

(b) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct ten million ten thousand five hundred ninety-nine dollars from the risk management fund and transfer such sum to the general fund.

(2) The risk management fund shall maintain reserves for incurred but unpaid claims, including general liability and automobile liability claims. The risk management fund shall maintain reserves to provide for the contingency that the reserves set aside in the fund to meet estimated expenses are inadequate to cover the actual expenses realized. The board after consultation with the executive director shall recommend the amount of money that is required to maintain adequate reserves. Adequate reserves shall be maintained in the risk management fund subject to available appropriations made by the general assembly in its discretion.

(3) Expenditures out of the risk management fund must be made in accordance with subsection (1) of this section and only for the following purposes:

(a) To pay liability claims and expenses related thereto, brought against the state, its officials, or its employees pursuant to the "Colorado Governmental Immunity Act", article 10 of this title; claims against the state, its officials, or its employees arising under federal law, which the state is legally obligated to pay and which are compromised or settled pursuant to section 24-30-1515 or in which a final money judgment against the state has been entered; or claims for compensatory damages against the state, its officials, or its employees pursuant to section 24-34-405;

(b) To pay the administrative costs of operating the risk management system and the costs of purchasing services pursuant to sections 24-30-1506, 24-30-1507, and 24-30-1513;

(c) To procure and pay premiums for one or more policies of insurance purchased pursuant to this part 15 to protect against all or any portion of the potential liabilities of the state of Colorado or of any state agency or its officers and employees;

(d) To pay any deductible or self-insured retention contained in any insurance policy purchased by or at the direction of the executive director;

(e) To pay liability claims and expenses related thereto when a state agency has contracted to defend and hold harmless the owner of property leased to the state agency for a state purpose if such contract limits the state's obligation to claims arising from alleged negligent acts or omissions of the state agency and of its public employees which occurred or are alleged to have occurred during the performance of their duties and within the scope of their employment, except where such acts or omissions are willful and wanton. Such claims shall be subject to the limitations of the "Colorado Governmental Immunity Act", article 10 of this title. No such contract shall be valid unless approved in writing by the executive director and meets the requirements of this paragraph (e).

(f) To make payments in accordance with section 24-30-1510.7;

(g) To fund an employee assistance program established and operated by the executive director pursuant to section 24-50-604 (1)(k);

(h) To pay the defense of liability claims and expenses related thereto, brought against an expert witness or consultant who has statutory immunity from civil suit and who has been retained by a board or commission within the department of regulatory agencies, to render expert testimony or expert opinion or provide consultative advice, in connection with a prospective or pending disciplinary action, and who does render expert testimony or expert opinion, or provide consultative advice, to a board or commission within the department of regulatory agencies in good faith and within the scope of his or her expertise;

(i) To pay liability claims and expenses incurred pursuant to section 24-82-1005 (2).

(4) Moneys in the risk management fund shall not be used to pay any of the following:

(a) Claims brought pursuant to the "Colorado Governmental Immunity Act", article 10 of this title, for which governmental immunity has not been waived pursuant to section 24-10-106;

(b) Claims which are actionable in contract except for claims relating to employment contracts and except for claims arising pursuant to paragraph (e) of subsection (3) of this section;

(c) Claims for liabilities or losses which are covered under commercial insurance policies purchased by the state;

(d) Expenses for complying with successful claims for injunctive relief;

(e) Any other claim or expense not set forth in subsection (3) of this section.

(5) As of July 1, 2000, Pinnacol Assurance created pursuant to section 8-45-101, C.R.S., is no longer included within, or part of, the risk management fund created pursuant to this section and the department of personnel assumes no responsibility and bears no financial obligation for the defense of, or liability for, any claims or lawsuits asserted against Pinnacol Assurance.
C.R.S. § 24-32-3206 — CO Code / Title 24 / Article 32 / Part 32 / Section 24-32-3206
24-32-3206. Reporting
Status: repealed

24-32-3206. Reporting. (Repealed)
C.R.S. § 24-33.5-1701 — CO Code / Title 24 / Article 33.5 / Part 17 / Section 24-33.5-1701
24-33.5-1701. Short title
Status: in_force

24-33.5-1701. Short title. This part 17 shall be known and may be cited as the "Identity Theft and Financial Fraud Deterrence Act".
C.R.S. § 24-35-109 — CO Code / Title 24 / Article 35 / Part 1 / Section 24-35-109
24-35-109. Collections - distraint and sale
Status: in_force

24-35-109. Collections - distraint and sale. (1) The department of revenue has every power provided by law to enforce the collection of taxes and license fees due the state by foreclosure of liens against real estate and by execution and sale as for a debt due the state or any taxing division or agency thereof.

(2) Specifically, by way of extension and not of limitation, if any person, firm, or corporation liable to pay any tax for personal property or license fee, all or any portion of which is then due the state, neglects or refuses to pay the same within thirty days after notice and demand therefor to the taxpayer is made in writing by the executive director of the department of revenue or a group, division, or subordinate department head appointed pursuant to this article, it is lawful for the executive director or such group, division, or subordinate department head, to collect the whole of said tax or license fee, together with such interest and other amounts as are required by law, by distraint and sale of the goods, chattels, or effects, including stocks, securities, bank accounts, and evidences of debt of the delinquent taxpayer. Only such property as is exempt from attachment and execution under the laws of this state shall be exempt from distraint and sale under the provisions of this title.

(3) When distraint is made under the power granted in this section, the officer making such distraint shall make or cause to be made an account of the goods, chattels, and effects distrained and shall sign the same in the name of the state of Colorado by authority of the executive director of the department of revenue. A copy of said notice shall be served upon the owner and upon the possessor of any of the distrained property in the same manner as provided by law for the service of summons in judicial actions in the district courts of the state. Said notice shall also specify the total amount of tax, interest, and penalties due, the time and place when the sale thereof shall occur, and the upset or minimum price, if any, at which the distrained property will be sold. A copy of said notice shall likewise be published once in some legal newspaper within the county in which said distraint is made not more than thirty nor less than ten days prior to the date of such sale, and it shall be posted in a conspicuous place in the county courthouse of said county. If there is no legal newspaper published in such county, then the publication of said notice shall not be required.

(4) Every such sale shall be at public auction and shall be held not less than thirty nor more than sixty days after service of the notice of distraint, but any such sale may be adjourned from time to time by the officer making the same if the upset or minimum price is not bid or if for any other reason he deems such adjournment advisable; but no such sale shall be adjourned for a longer period than ninety days in all.

(5) In all cases of sale under distraint, the certificate of such sale shall be prima facie evidence of the regularity of the proceedings in making the sale, and said certificate shall transfer to the purchaser all right, title, and interest of the delinquent taxpayer in and to the property sold; and, if any of the property sold consists of stocks, registered bonds, or other certificates of indebtedness, said certificate of such sale shall be authority for the corporation, firm, or association issuing such stock or having outstanding any such registered bonds or certificates of indebtedness and to all transfer agents thereof to record and transfer the same on their books, accounts, and records the same in all respects as if the certificates of stock or registered bonds or certificates of indebtedness had been duly endorsed for transfer by the delinquent taxpayer as owner thereof.

(6) No such distraint and sale shall occur or be valid unless commenced within three years from and after the date when such tax or license fee becomes due and payable. Every owner of property thus distrained and sold may redeem the same from such sale after the date when the sale occurred by payment of the amount of such tax, together with interest, penalties, and costs of sale. The executive director of the department of revenue shall collect all taxes due the state on real property in the manner provided by law.

(7) If, at any such sale or any adjournment thereof, the price bid is less than the cost of sale, the officer making the sale shall bid in the property in the name of the state of Colorado; except that the proportionate share of any political subdivision derived from any such sale shall be remitted to the political subdivision entitled thereto. If the amount bid at any such sale or at any adjournment thereof is less than the amount of the delinquency plus interest, penalties, and costs, if any, the officer making the sale may bid in the property in the name of the state of Colorado if the property tax administrator shall direct him in writing to do so, certifying in such direction that in the opinion of the property tax administrator the price offered is less than the forced sale value of the distrained property offered for sale.

(8) If any person, firm, or corporation liable for the payment of any tax has repeatedly failed, neglected, or refused to pay the same within the time specified for such payment and the department of revenue has been required to exercise its enforcement proceedings three or more times through the issuance of a distraint warrant to enforce payment of any such taxes due, then the executive director of the department of revenue is authorized to assess and collect the amount of such taxes due together with all the interest and penalties thereon provided by law and also assess and collect an additional amount equal to fifteen percent of the delinquent taxes, interest, and penalties due or the sum of twenty-five dollars, whichever amount is greater, said additional amount being imposed to compensate the department for administrative and collection costs incurred in collecting such delinquent taxes.
C.R.S. § 24-101-104 — CO Code / Title 24 / Article 101 / Part 1 / Section 24-101-104
24-101-104. Requirement of good faith
Status: in_force

24-101-104. Requirement of good faith. This code requires all parties involved in the procurement of any good or service or in the negotiation, performance, or administration of any contract for those goods or services to act in good faith.
C.R.S. § 24-32-3205 — CO Code / Title 24 / Article 32 / Part 32 / Section 24-32-3205
24-32-3205. Qualifications
Status: in_force

24-32-3205. Qualifications. (1) Subject to the requirements of this part 32, the governing body or bodies of any eligible participant or participants, as applicable, may submit an application to the executive director requesting a grant pursuant to this part 32. Any grant approved by the executive director in accordance with the requirements of this part 32 shall be awarded to the governing body or bodies that submitted the application.

(2) In order to obtain grant moneys under this part 32 and as a condition of the receipt of moneys under said part, each eligible participant shall agree to:

(a) Use any grant moneys in accordance with the criteria publicized by the executive director pursuant to section 24-32-3203 (3)(b); and

(b) Perform such other requirements as the executive director deems appropriate in the exercise of his or her discretion to further the purposes of this part 32.

(3) Eligible participants shall apply for grants made available pursuant to this part 32 on official application forms provided by the office. Eligible participants shall provide such information on the forms as the executive director may require in furtherance of the purposes of this part 32.
C.R.S. § 24-76.5-104 — CO Code / Title 24 / Article 76.5 / Section 24-76.5-104
24-76.5-104. Natural medicine consumption consideration prohibited - exception
Status: in_force

24-76.5-104. Natural medicine consumption consideration prohibited - exception. Consideration of whether a person performs or has performed an action that is lawful pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44 is not a requirement for eligibility for a public assistance program, unless consideration is required pursuant to federal law.
C.R.S. § 24-50-603 — CO Code / Title 24 / Article 50 / Part 6 / Section 24-50-603
24-50-603. Definitions
Status: repealed

24-50-603. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Cafeteria benefits" means "flexible benefits" as defined in subsection (8) of this section.

(2) "Carrier" means an insurer, health maintenance organization ("HMO"), third-party administrator, or other entity with whom the state contracts to provide or administer, or both provide and administer, the group benefit plans.

(3) "COBRA" means the continuation of certain benefits as provided by the federal "Consolidated Omnibus Budget Reconciliation Act of 1985", as amended.

(4) Repealed.

(5) "Dependent" means:

(a) An employee's legal spouse; each child, including adopted children, stepchildren, and foster children, through the end of the month in which the child turns twenty-six years of age; or an unmarried child of any age who has either a physical or mental disability, as defined by the carrier, not covered under other government programs, and for whom the employee is the major source of financial support or for whom the employee is directed by court order to provide coverage;

(b) Any person authorized by the director to be a dependent in response to statutory changes made to mandated coverage for group benefits insurance pursuant to title 10, C.R.S.;

(c) Repealed.

(c.5) An employee's partner in a civil union who has submitted documentation demonstrating the creation of a civil union with the employee;

(d) Any additional dependents specified by the director by rule adopted in accordance with article 4 of this title.

(6) "Director" means the state personnel director.

(6.5) Repealed.

(7) "Employee" means any officer or employee under the state personnel system of the state of Colorado whose salary is paid by state funds or any employee of the department of education, the Colorado commission on higher education, or the Colorado school for the deaf and the blind whose salary is paid by state funds, or any member of the military employed pursuant to section 28-3-904, C.R.S. "Employee" includes any officer or employee of the legislative or judicial branch, any elected or appointed state official or employee who receives compensation other than expense reimbursement from state funds, any elected state official who does not receive compensation other than expense reimbursement from state funds, and includes any member of the board of assessment appeals. "Employee" does not include persons employed on a temporary basis; except that it shall include a member of the military employed pursuant to section 28-3-904, C.R.S., for more than thirty consecutive days.

(8) "Flexible benefits" means an array of group benefit plans from which an employee can select using the state's contribution, the employee's own funds, or a combination of both, to pay for such benefits.

(9) "Group benefit plans" means any group benefits contracted for or administered by the director, including but not limited to, medical, dental, life, and disability benefits. "Group benefit plans" may also include voluntary benefits and flexible benefits as determined by the director. "Group benefit plans" do not include any group benefits that involve a contribution or donation as defined in article 45 of title 1 to any candidate committee, political committee, political party, small donor committee, small-scale issue committee, or any other political entity. For purposes of section 24-50-104 (1)(a)(I), "group benefit plans" includes any group benefits offered by a state institution of higher education to employees of such institution who are in the state personnel system.

(10) "Medicaid" means federal insurance or assistance as such is provided by the provisions of Title XIX of the federal "Social Security Act" and the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S.

(11) "Medical benefits" includes, but is not limited to, hospital room and board; other hospital services; certain out-patient benefits; maternity benefits; surgical benefits, including obstetrical care; in-hospital medical care; diagnostic X rays; laboratory benefits; physician services; prescription drugs; behavioral, mental health, and substance use disorder services; comparable medical benefits for employees who rely solely on spiritual means for healing; and such other similar benefits as the director deems reasonable and appropriate for eligible employees and dependents.

(12) "Medicare" means federal insurance or assistance as such is provided by the "Health Insurance for the Aged Act", 42 U.S.C. sec. 1395, or as such act may be amended.

(13) "Short-term disability plan" means a group policy or contract provided by a carrier for the purpose of providing short-term disability income replacement to be provided to any eligible employee who has completed any required waiting period.

(14) "Voluntary benefits" means a variety of benefit plans contracted for or administered by the director that an employee can select by contributing a predetermined portion of the employee's salary to pay for such products and services for which, if available, the employee's contribution may be matched by a state contribution. No state contribution match is effective until or unless the director has completed a fiscal analysis of the cost and the outcome of any such voluntary benefit, which includes a determination by the department of the number of potential state employees retained as a result of offering the benefit.
C.R.S. § 24-33.5-817 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-817
24-33.5-817. State benefits barred - when
Status: in_force

24-33.5-817. State benefits barred - when. If the furnishing of compensation under this part 8 and the acts referred to in this part 8 to a civil defense worker or such civil defense worker's dependents prevents such civil defense worker or such civil defense worker's dependents from receiving assistance, benefits, or other temporary or permanent relief under the provisions of a federal statute or rule or regulation, the civil defense worker and such civil defense worker's dependents have no right to and shall not receive any compensation from the state of Colorado under this part 8 and the acts referred to in this part 8 for any injury for which the United States government or any agent thereof will furnish assistance, benefits, or other temporary or permanent relief in the absence of the furnishing of compensation by the state of Colorado.