C.R.S. § 24-90-506 — CO Code / Title 24 / Article 90 / Part 5 / Section 24-90-506
24-90-506. Notice of hearing - disqualification of member of governing body
Status: in_force

24-90-506. Notice of hearing - disqualification of member of governing body. (1) The governing body, as soon as possible after the adoption of the preliminary resolution, shall fix by order the place and time for a public hearing on the resolution, which hearing shall be held not less than twenty days or more than forty days after the adoption of the preliminary resolution. Thereupon, the governing body shall cause notice by publication to be made of the resolution and of the time and place of the hearing on the resolution. A copy of the notice shall be mailed to each property owner within the boundaries of the proposed library capital facilities area at the owner's last-known address as disclosed by the tax records of any county in which the library district is located.

(2) No member of the governing body shall be disqualified from performing any duty imposed by this part 5 by reason of direct or indirect ownership of property within the boundaries of any proposed library capital facilities area, by reason of relationship to any person who owns property within the proposed library capital facilities area, or by reason of ownership of, or employment with, any entity that owns property within the boundaries of the proposed library capital facilities area.
C.R.S. § 24-51-605 — CO Code / Title 24 / Article 51 / Part 6 / Section 24-51-605
24-51-605. Benefit formula for reduced service retirement
Status: repealed

24-51-605. Benefit formula for reduced service retirement. (1) (a) For a member who is a state trooper, who is eligible to retire on and after July 1, 1998, but on or before January 1, 2011, and who retires upon reaching fifty years of age or older but before reaching sixty years of age, a reduced service retirement benefit shall be the option 1 benefit for service retirement, as calculated according to the formula set forth in section 24-51-603, reduced by three percent for each year and a proportional percentage for each fraction of a year from the effective date of reduced service retirement to the date the member would have become eligible for a service retirement pursuant to the provisions of section 24-51-602 (1).

(b) For a member who is not a state trooper, who is eligible to retire on and after July 1, 1998, but on or before January 1, 2011, and who retires upon reaching fifty-five years of age or older but before reaching sixty years of age, a reduced service retirement benefit shall be the option 1 benefit for service retirement, as calculated according to the formula set forth in section 24-51-603, reduced by:

(I) Three percent for each year and a proportional percentage for each fraction of a year from the effective date of reduced service retirement to the date the member would have reached sixty years of age, or the date the member would have become eligible for a service retirement pursuant to the provisions of section 24-51-602 (1), if earlier than sixty years of age; and

(II) Four percent for each year and a proportional percentage for each fraction of a year from the date the member reaches sixty years of age to the date the member would have become eligible for a service retirement pursuant to the provisions of section 24-51-602 (1), if on such date the member would have been older than sixty years of age.

(c) For a member who is not a state trooper, who is eligible to retire on and after July 1, 1998, but on or before January 1, 2011, and who retires upon reaching sixty years of age or older but before reaching sixty-five years of age, a reduced service retirement benefit shall be the option 1 benefit for service retirement, as calculated according to the formula set forth in section 24-51-603, reduced by four percent for each year and a proportional percentage for each fraction of a year from the effective date of reduced service retirement to the date the member would have become eligible for a service retirement pursuant to the provisions of section 24-51-602 (1).

(2) Repealed.

(3) Notwithstanding the provisions of subsection (1) of this section, on and after July 1, 1993, for a member who is not a state trooper, who is eligible for a reduced service retirement benefit as of January 1, 2011, and who retires upon reaching fifty years of age or older but before reaching fifty-five years of age, a reduced service retirement benefit shall be the option 1 benefit for service retirement, as calculated according to the formula set forth in section 24-51-603, reduced by:

(a) Six percent for each year and a proportional percentage for each fraction of a year from the effective date of reduced service retirement to the date the member would have reached fifty-five years of age, or the date the member would have become eligible for a service retirement pursuant to the provisions of section 24-51-602 (1) if earlier than fifty-five years of age; and

(b) Three percent for each year and a proportional percentage for each fraction of a year from the date the member reaches fifty-five years of age to the date the member would have become eligible for a service retirement pursuant to the provisions of section 24-51-602 (1), if on such date the member would have been older than fifty-five years of age.

(4) For a member, DPS member, or inactive member who is not eligible for a retirement benefit as of January 1, 2011, the following provisions shall apply:

(a) For a member or inactive member who retires prior to reaching eligibility for a full service retirement benefit pursuant to section 24-51-602, a reduced service retirement benefit shall be the option 1 benefit for service retirement, as calculated according to the formula set forth in section 24-51-603, reduced by an actuarially determined percentage to ensure that, as of the effective date of retirement, the benefit is the actuarial equivalent of the service retirement benefit.

(b) For a DPS member who retires prior to reaching eligibility for retirement pursuant to section 24-51-1713 or 24-51-602, whichever is applicable, a retirement with an actuarial reduction shall be the option A benefit as calculated according to the formula set forth in section 24-51-1715 (1)(a)(I) or 24-51-603, whichever is applicable, reduced by an actuarially determined percentage to ensure that the benefit, as of the effective date of retirement, is the actuarial equivalent of the retirement benefit without an actuarial reduction.
C.R.S. § 24-4.1-302 — CO Code / Title 24 / Article 4.1 / Part 3 / Section 24-4.1-302
24-4.1-302. Definitions
Status: repealed

24-4.1-302. Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

(1) "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

(a) Murder in the first degree, in violation of section 18-3-102, C.R.S.;

(b) Murder in the second degree, in violation of section 18-3-103, C.R.S.;

(c) Manslaughter, in violation of section 18-3-104, C.R.S.;

(d) Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;

(e) Vehicular homicide, in violation of section 18-3-106, C.R.S.;

(f) Assault in the first degree, in violation of section 18-3-202, C.R.S.;

(g) Assault in the second degree, in violation of section 18-3-203, C.R.S.;

(h) Assault in the third degree, in violation of section 18-3-204, C.R.S.;

(i) Vehicular assault, in violation of section 18-3-205, C.R.S.;

(j) Menacing, in violation of section 18-3-206, C.R.S.;

(k) (Deleted by amendment, L. 95, p. 1256, § 22, effective July 1, 1995.)

(l) First degree kidnapping, in violation of section 18-3-301, C.R.S.;

(m) Second degree kidnapping, in violation of section 18-3-302, C.R.S.;

(n) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

(o) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;

(p) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(q) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(r) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;

(s) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(s.3) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.;

(t) Robbery, in violation of section 18-4-301, C.R.S.;

(u) Aggravated robbery, in violation of section 18-4-302, C.R.S.;

(v) Aggravated robbery of controlled substances, in violation of section 18-4-303, as it existed prior to October 1, 2023;

(w) Repealed.

(x) Incest, in violation of section 18-6-301, C.R.S.;

(y) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(z) Child abuse, in violation of section 18-6-401, C.R.S.;

(aa) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

(bb) Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.;

(bb.3) Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;

(bb.7) An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;

(cc) Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.;

(cc.1) (I) Stalking, in violation of section 18-3-602, C.R.S.;

(II) Stalking, in violation of section 18-9-111 (4), C.R.S., as it existed prior to August 11, 2010;

(cc.3) A bias-motivated crime, in violation of section 18-9-121, C.R.S.;

(cc.4) Harassment that is bias-motivated, in violation of section 18-9-111 (2);

(cc.5) Careless driving, in violation of section 42-4-1402, C.R.S., that results in the death of another person;

(cc.6) Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person;

(cc.7) False reporting of an emergency in violation of section 18-8-111 that is a bias-motivated crime as described in section 18-9-121 (2);

(dd) Any criminal attempt, as described in section 18-2-101, C.R.S., any conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as described in section 18-2-301, C.R.S., and any accessory to a crime, as described in section 18-8-105, C.R.S., involving any of the crimes specified in this subsection (1);

(ee) Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.;

(ee.3) Intimidating a witness or a victim, in violation of section 18-8-704, C.R.S.;

(ee.7) Aggravated intimidation of a witness or a victim, in violation of section 18-8-705, C.R.S.;

(ff) Tampering with a witness or victim, in violation of section 18-8-707, C.R.S.;

(gg) Indecent exposure, in violation of section 18-7-302, C.R.S.;

(hh) Violation of a protection order issued under section 18-1-1001 against a person charged with committing sexual assault in violation of section 18-3-402, sexual assault on a child in violation of section 18-3-405, sexual assault on a child by one in a position of trust in violation of section 18-3-405.3, sexual assault on a client by a psychotherapist in violation of section 18-3-405.5, or stalking in violation of section 18-3-602;

(ii) Human trafficking in violation of section 18-3-503 or 18-3-504, C.R.S.;

(jj) First degree burglary, in violation of section 18-4-202, C.R.S.;

(jj.5) Second degree burglary of a dwelling, in violation of section 18-4-203 (2)(a);

(kk) Retaliation against a judge or elected official, in violation of section 18-8-615; retaliation against a prosecutor, in violation of section 18-8-616; or retaliation against a juror, in violation of section 18-8-706.5;

(ll) Child prostitution, in violation of section 18-7-401, C.R.S.; soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.; pimping of a child, in violation of section 18-7-405, C.R.S.; inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.; or patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;

(mm) Posting a private image for harassment in violation of section 18-7-107 or posting a private image for pecuniary gain in violation of section 18-7-108;

(nn) First degree arson, in violation of section 18-4-102;

(oo) Criminal invasion of privacy, in violation of section 18-7-801.

(1.2) "Cold case" means a felony crime reported to law enforcement that has remained unsolved for over one year after the crime was initially reported to law enforcement and for which the applicable statute of limitations has not expired.

(1.3) "Correctional facility" means any private or public entity providing correctional services to offenders pursuant to a court order including, but not limited to a county jail, a community corrections provider, the division of youth services, and the department of corrections.

(1.5) "Correctional official" means any employee of a correctional facility.

(2) "Critical stages" means the following stages of the criminal justice process:

(a) The filing of charges against a person accused of a crime;

(a.3) Any hearing for the disclosure of the name and identifying information of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);

(a.5) The decision not to file charges against a person accused of a crime;

(a.7) The decision to enter into a diversion agreement pursuant to section 18-1.3-101, or to make a referral to the bridges wraparound care program pursuant to section 16-8.6-108;

(b) The preliminary hearing;

(c) (I) Any court action involving a bond reduction or modification at which the following occurs:

(A) A bond is set lower than the scheduled or customary amount for the specific charge, including any adjustments made by the court to the amount of bond to correspond to the specific charge to which the defendant pled guilty or for which the defendant was convicted, if the adjusted bond is lower than the scheduled or customary amount for the specific charge;

(B) A change in the type of bond;

(C) A modification to a condition of the bond;

(D) A defendant is permitted to appear without posting a bond;

(E) In a case involving a capital offense, the court grants the defendant's motion for admission to bail pursuant to section 16-4-101 (3), C.R.S.; or

(F) For jurisdictions that do not have a bond schedule or customary amount for bond, a bond is modified to a lower amount than that set at the initial bond hearing.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), the following shall not constitute a bond reduction or modification:

(A) The initial setting of a bond, whether set by the court at the first appearance or by another entity authorized to do so by the court prior to the first appearance;

(B) The setting of a new bond upon the filing of charges by the district attorney, so long as the bond is set at or above the scheduled or customary amount for the specific charge filed; and

(C) For nonbailable offenses pursuant to section 16-4-101, C.R.S., the subsequent setting of a bond by the court.

(d) The arraignment of a person accused of a crime;

(e) Any hearing on motions concerning evidentiary matters or pre-plea or post-plea relief;

(e.5) Any subpoena or application for records concerning the victim's medical history; mental health; education; victim's compensation; or records that are privileged pursuant to section 13-90-107;

(f) Any disposition of the complaint or charges against the person accused;

(g) The trial;

(h) Any sentencing or resentencing hearing;

(i) Any appellate review or appellate decision;

(j) Any modification of the sentence pursuant to rule 35 (a) or 35 (b) of the Colorado rules of criminal procedure or any other provision of state or federal law;

(j.5) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 and as outlined in section 24-4.1-303 (13.5)(a);

(k) Any probation revocation hearing;

(k.3) The filing of any complaint, summons, or warrant filed by the probation department;

(k.5) The change of venue or transfer of probation supervision from one jurisdiction to another;

(k.7) The request for any release from probation supervision prior to the expiration of the defendant's sentence;

(l) An attack on a judgment or conviction for which a court hearing is set;

(m) Any parole application hearing and full parole board review hearing;

(n) The parole, release, or discharge from imprisonment of a person convicted of a crime;

(o) Any parole revocation hearing;

(p) The transfer to or placement of a person convicted of a crime in a nonsecured facility;

(q) The transfer, release, or escape of a person charged with or convicted of a crime from any state hospital;

(r) Any petition or motion to terminate sex offender registration filed pursuant to section 16-22-113;

(r.3) (I) Except as provided in subsection (2)(r.3)(II) of this section, any hearing concerning a petition for expungement as described in section 19-1-306.

(II) The entry of an order of expungement is not a critical stage if:

(A) The case resulted in a not guilty verdict at trial;

(B) The case was dismissed in its entirety;

(C) The juvenile completed a sentence for a petty offense, any drug petty offense, any level 1 or level 2 drug misdemeanor, or a class 2 or class 3 misdemeanor offense not involving unlawful sexual behavior as defined in section 16-22-109 (9), domestic violence as described in section 18-6-800.3, or a crime that is a crime listed under section 24-4.1-302 (1); or

(D) The juvenile completed a sentence for a municipal offense not involving domestic violence as described in section 18-6-800.3.

(s) The execution of an offender in a capital case;

(t) A hearing held pursuant to section 18-1-414 (2)(b), C.R.S.;

(u) The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing pursuant to section 18-1-413, the results of any such postconviction DNA testing, and court proceedings initiated based on the result of the postconviction DNA testing. An inmate's written or oral request for such testing is not a "critical stage".

(u.5) A hearing held pursuant to section 18-1-416 (1.5);

(v) A hearing held pursuant to section 24-72-706, 24-72-709, or 24-72-710;

(w) A hearing held pursuant to section 24-31-902 (2)(c);

(x) A hearing held pursuant to section 18-1.3-103.7 or 19-2.5-1118.5;

(y) A petition for modification of sentence filed pursuant to section 18-1.3-406 (1)(b) and any associated hearing;

(z) A petition for modification of sentence filed pursuant to section 18-1.3-801 (6) and any associated hearing.

(3) "Lawful representative" means any person who is designated by the victim or appointed by the court to act in the best interests of the victim.

(3.5) "Modification of sentence" means an action taken by the court to modify the length, terms, or conditions of an offender's sentence pursuant to rule 35 (a) or (b) of the Colorado rules of criminal procedure; a resentencing following a probation revocation hearing; or a request for early termination of probation. As used in this subsection (3.5), "action taken by the court" includes an order by the court modifying an offender's sentence upon review of the written motion without a hearing but does not include an order denying a motion to modify a sentence without a hearing.

(4) "Significant other" means any person who is in a family-type living arrangement with a victim and who would constitute a spouse of the victim if the victim and such person were married.

(5) "Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative. For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated. It is the intent of the general assembly that this definition of the term "victim" shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term "victim".

(6) "Victim's immediate family" means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim.

(7) "Witness" means any natural person:

(a) Having knowledge of the existence or nonexistence of facts relating to any crime;

(b) Whose declaration under oath is received or has been received as evidence for any purpose;

(c) Who has reported any crime to any peace officer, correctional officer, or judicial officer;

(d) Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or

(e) Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (7).
C.R.S. § 24-32-706 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-706
24-32-706. State housing board
Status: in_force

24-32-706. State housing board. (1) There is created, within the division of housing, the state housing board. The governor shall appoint one member from each congressional district in the state to the board. The member must be a qualified elector of the congressional district from which the member is appointed. In making appointments to the board, the governor shall include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities.

(2) The term of office for a member is four years; except that the terms shall be staggered so that no more than a minimum majority of the members' terms expire in the same year. Members shall not serve more than two consecutive full terms. All members shall be appointed with the consent of the senate.

(3) A vacancy on the board occurs whenever any member moves out of the congressional district from which the member was appointed. A member who moves out of such congressional district shall promptly notify the governor of the date of such move, but such notice is not a condition precedent to the occurrence of the vacancy. The governor shall fill the vacancy as provided in subsection (5) of this section.

(4) Not more than a minimum majority of the members may be affiliated with any one political party.

(5) Any vacancy shall be filled by the governor pursuant to subsection (1) of this section for the unexpired term.

(6) Members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(7) The board shall meet upon call of the chair or whenever directed by the governor.

(8) The governor may remove any appointed member of the board for misconduct, incompetence, or neglect of duty, and any such removal, when made, shall not be subject to review.
C.R.S. § 24-33-109.5 — CO Code / Title 24 / Article 33 / Part 1 / Section 24-33-109.5
24-33-109.5. Colorado kids outdoors grant program - created - fund created - rules - report -
Status: repealed

24-33-109.5. Colorado kids outdoors grant program - created - fund created - rules - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Repealed.

(b) "Eligible entity" means:

(I) A school district; a board of cooperative services created pursuant to article 5 of title 22, C.R.S.; a district charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, C.R.S.; an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, C.R.S., or an approved facility school as defined in section 22-2-402 (1), C.R.S.; or

(II) A nonprofit organization or an agency of the state or a local government, which organization or agency provides outdoor activities for youth that emphasize the environment and experiential, field-based learning.

(c) "Executive director" means the executive director of the department of natural resources.

(d) "Fund" means the Colorado kids outdoors grant program fund created in subsection (6) of this section.

(e) "Grant program" means the Colorado kids outdoors grant program created in subsection (2) of this section.

(2) There is hereby created in the office of the executive director the Colorado kids outdoors grant program to fund opportunities for Colorado youth to participate in outdoor activities in the state, including but not limited to programs that emphasize the environment and experiential, field-based learning. The grant program shall be funded through public or private gifts, grants, or donations received by the department of natural resources for said purpose pursuant to subsection (6) of this section. In addition, the executive director may use moneys received by the department of natural resources for the purposes of section 24-33-109 (2) to make awards through the grant program to eligible entities that provide outdoor activities that meet the criterion specified in subparagraph (V) of paragraph (b) of subsection (3) of this section. The grant program shall not receive appropriations of general fund moneys.

(3) The executive director shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title, to implement the grant program. At a minimum, the rules shall specify:

(a) The procedures, timelines, and form for applying for a grant; and

(b) Criteria for selecting grant recipients, which criteria shall address, at a minimum:

(I) Providing outdoor activities for youth who reside in the metropolitan, urban, and rural areas of the state;

(II) Encouraging youth to participate with their parents or legal guardians in outdoor activities;

(III) Providing outdoor activities for youth from low-income families;

(IV) Whether the outdoor activity will occur in a state park, a national park or monument, county open space, or some other natural area of the state that is either developed for outdoor recreational activities or undeveloped; and

(V) Whether the outdoor activity is designed to foster an interest in and a sense of stewardship toward the natural resources of the state by providing summer jobs for youth interested in careers in natural resources or providing other career development opportunities; except that this criterion is applicable only to grants awarded from moneys received by the department of natural resources for the purposes of section 24-33-109 (2).

(4) Repealed.

(5) An eligible entity that seeks a grant through the grant program shall submit an application to the office of the executive director in accordance with rules promulgated by the executive director. Subject to the availability of funding, the executive director shall select grant recipients, specifying the amount to be awarded, taking into account the criteria established in rule.

(6) (a) The department of natural resources is authorized to seek, accept, and expend public or private gifts, grants, or donations for the implementation of the grant program; except that the department of natural resources may not accept a gift, grant, or donation for the grant program that is subject to conditions that are inconsistent with this section or any other law of the state. The department of natural resources shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the Colorado kids outdoors grant program fund, which fund is hereby created. The moneys in the fund are continuously appropriated to the department of natural resources for the direct and indirect costs associated with implementing this section.

(b) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. The department of natural resources may expend up to two percent of the moneys annually credited to the fund to offset the costs incurred in implementing the grant program. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(7) On or before February 1, 2011, and on or before February 1 each year thereafter in which the executive director awards grants pursuant to the grant program, the executive director shall submit to the agriculture, livestock, and natural resources committee of the house of representatives, or any successor committee, the agriculture and natural resources committee of the senate, or any successor committee, and the education committees of the house of representatives and the senate, or any successor committees, a report summarizing the following information for the preceding fiscal year:

(a) The amount received for implementation of the grant program and the sources of said amount;

(b) The eligible entities that received grants and the amounts awarded to each recipient; and

(c) The activities funded with the grant awards.
C.R.S. § 24-35-103.5 — CO Code / Title 24 / Article 35 / Part 1 / Section 24-35-103.5
24-35-103.5. Private letter rulings - information letters - fees - creation of fund - definit
Status: repealed

24-35-103.5. Private letter rulings - information letters - fees - creation of fund - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Information letter" means a nonbinding statement issued by the department of revenue to a taxpayer that provides general information regarding any tax or fee administered by the department pursuant to section 39-21-102 that is made in response to a written request from a taxpayer for such information.

(b) "Private letter ruling" means a written determination issued by the executive director of the department of revenue, or the executive director's designee, to a taxpayer on the consequences of a proposed or completed transaction under any tax or fee administered by the department pursuant to section 39-21-102 that is made in response to a written request from a taxpayer for such a ruling.

(2) The executive director of the department of revenue, or the executive director's designee, shall, except as otherwise provided by rule, issue information letters and private letter rulings upon the written request of a taxpayer. The executive director shall promulgate rules in accordance with article 4 of this title establishing the process for issuing an information letter or a private letter ruling, including but not limited to rules that specify:

(a) The procedure, form, and time periods for submitting a request for an information letter or a private letter ruling;

(b) The terms and conditions under which a private letter ruling binds the department of revenue or may be revoked or modified; except that any revocation by the department of a private letter ruling shall only be effective prospectively and shall not affect any transaction undertaken on or prior to the date of the revocation;

(c) The limitations on the applicability of an information letter or a private letter ruling to specific persons, transactions, factual circumstances, and time periods;

(d) The circumstances under which a request for an information letter or a private letter ruling may be declined by the executive director of the department of revenue.

(3) (a) Except as set forth in subsection (3)(b) of this section, the executive director of the department of revenue shall issue private letter rulings within ninety days after the receipt of a written request by a taxpayer, unless the executive director declines the request. In the event the executive director declines a request for a private letter ruling, the executive director shall notify the taxpayer in writing of such declination no later than thirty days after the date the request was submitted to the department.

(b) The executive director of the department of revenue may extend the ninety-day period described in subsection (3)(a) of this section upon the approval of the taxpayer.

(3.5) The department of revenue shall track the total full-time equivalent personnel positions necessary and the hours dedicated by each FTE for the issuance, declination, modification, or revocation of all information letters or private letter rulings as required by this section.

(4) The issuance, modification, or revocation of an information letter or a private letter ruling shall not constitute a tax policy change for purposes of section 20 (4)(a) of article X of the state constitution.

(5) (a) The executive director of the department of revenue shall redact information from an information letter or private letter ruling in order to ensure the confidentiality of the taxpayer or other persons, transactions, factual circumstances, or time periods that are the subject of the information letter or private letter ruling and make public the balance of the information letter or private letter ruling.

(b) The executive director may withhold the information letter or private letter ruling from the public based upon a determination that information in the information letter or private letter ruling cannot be redacted in a manner that maintains the confidentiality of the taxpayer or other persons, transactions, factual circumstances, or time periods that are the subject of the information letter or private letter ruling. Such a determination shall be subject to review by a court of competent jurisdiction.

(6) The executive director of the department of revenue shall promulgate rules pursuant to article 4 of this title establishing reasonable fees for the direct and indirect costs of the administration of this section, which fees shall accompany any request for a private letter ruling made pursuant to subsection (1) of this section. All fees collected shall be transmitted to the state treasurer, who shall credit the same to the private letter ruling fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of this section.

(7) Repealed.
C.R.S. § 24-38.5-118 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-118
24-38.5-118. Geothermal energy grant program - creation - procedures - fund - report - defini
Status: repealed

24-38.5-118. Geothermal energy grant program - creation - procedures - fund - report - definitions - legislative declaration - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a) The development of geothermal energy resources is an available and promising technology in the transition from fossil fuels to renewable energy;

(b) The development of geothermal energy resources, including for heating, cooling, and electricity generation, has the potential to create jobs and help address mobility for workers in energy production and transmission, especially in pipeline-related work;

(c) Building new geothermal systems in homes and businesses will provide a stable, predictable cost to consumers;

(d) State investment is important to support public agencies in encouraging investment in geothermal energy for homes, buildings, and energy production;

(e) Geothermal electricity generation can provide opportunities for zero-pollution, renewable electricity generation that is not intermittent, increasing baseload reliability for the electric grid; and

(f) Geothermal electricity generation may be paired with electrolyzers to generate hydrogen from water, providing additional economic opportunities and zero-pollution fuels.

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

(a) "Fund" means the geothermal energy grant fund created in subsection (7) of this section.

(b) "Grant program" means the geothermal energy grant program created in subsection (3) of this section.

(c) "Office" means the Colorado energy office.

(3) Creation of grant program. There is hereby created within the office the geothermal energy grant program to provide grants to building owners, developers, local governments, geothermal installers, contractors, communities, gas or electric service public utilities, or other entities approved by the office for:

(a) The development of geothermal electricity generation;

(b) The installation of geothermal equipment for use as the primary heating-only or combined heating and cooling systems in new construction or to retrofit existing buildings; or

(c) The development of community thermal systems that are used in new construction or to retrofit existing buildings.

(4) Grants - limitations - qualifications. The grant program consists of three types of grants:

(a) The single-structure geothermal grant, which is awarded to applicants that are constructing a new building or retrofitting an existing building, including a single-family or multifamily residence, and installing a geothermal system for use as the primary heating-only or combined heating and cooling system for the building. A single-structure geothermal grant is subject to the following limitations and qualifications:

(I) Repealed.

(II) Commercial buildings and state and local government buildings that are constructed or retrofitted using grant money must meet the standards of the 2021 International Energy Conservation Code, or subsequent edition of the code;

(III) Developers, geothermal installers, or commercial building owners that apply for a grant must attest that they will use licensed plumbing or mechanical contractors that have an apprenticeship program, as defined in section 8-83-308 (3)(a);

(IV) The office shall determine the amount of each grant based on per-ton heating capacity as follows; except that the office may change a grant award amount after the first year if the office determines that changes are necessary to advance geothermal development:

(A) A nonresidential building constructed or retrofitted by a for-profit entity qualifies for up to two thousand dollars per ton of heating capacity;

(B) A nonresidential building constructed or retrofitted by a nonprofit entity qualifies for up to three thousand dollars per ton of heating capacity;

(C) A multifamily residence constructed or retrofitted by a for-profit entity qualifies for up to two thousand dollars per ton of heating capacity;

(D) A multifamily residence constructed or retrofitted by a nonprofit entity qualifies for up to three thousand dollars per ton of heating capacity; and

(E) A single-family residence, including a residence within a townhome or condominium building, qualifies for two thousand dollars per ton of heating capacity; and

(V) The grants are subject to the following limit on the number of tons of heating capacity that qualify a building for a grant; except that the office may change the tonnage amount after the first year if the office finds that meeting market demands requires the change:

(A) A grant for a single-family residence is limited to five tons; and

(B) A grant for a nonresidential building is limited to one hundred tons;

(b) The community district heating grant, which is awarded to support ground-source, water-source, or multisource thermal systems that serve more than a single building. Applicants may apply for grants for a scoping study, a detailed design study, projects, or a combination of these options. Teams consisting of building owners, geothermal installers, public utilities, political subdivisions of Colorado, consultants, developers, or other entities approved by the office are eligible to submit a proposal for a scoping study or a detailed design study. To qualify for a grant for the project, an applicant must successfully complete a study and show proof of a viable project. A community district heating grant is subject to the following limitations and qualifications:

(I) Up to one hundred thousand dollars per project to conduct a scoping study to determine if a community thermal system would help lower greenhouse gas emissions and provide a reasonable-cost approach to primary heating-only or combined heating and cooling a group of buildings;

(II) Up to five hundred thousand dollars per project to perform a detailed design study evaluating issues, including the financial and legal responsibilities, of the building owners that wish to join the community thermal system; and

(III) Up to five hundred thousand dollars for the installation of a community district geothermal project that serves more than one building from a single geothermal loop, subject to the following:

(A) The office may award a grant of up to fifty percent of the first million dollars of the costs of the project; and

(B) A building owner, local government, developer, utility serving the addresses, or geothermal installer shall not apply for more than two grants for project installation in a single year.

(c) The geothermal electricity generation grant, which is awarded to support the development of geothermal electricity generation and projects that pair geothermal electricity generation with electrolyzers for the production of hydrogen from geothermal generation. A person may apply for more than one cost-matching grant in a year. A geothermal electricity generation grant is subject to the following limitations and qualifications:

(I) Local governments, corporations, and gas or electric service public utilities are eligible to apply for and receive the grant;

(II) For applications for a grant to help fund a study to identify and explore resources that may be suitable for geothermal electricity and energy generation, costing up to one million dollars, the office may award a grant of up to fifty percent of the study cost; except that, if the project includes the production of hydrogen from electricity generated using geothermal energy or the utilization of direct air capture technology, the office may award a grant of up to sixty percent of the study cost. Any study funded pursuant to this subsection (4)(c)(II) must include an evaluation of the resources' safety, economic feasibility, cost efficiency compared to renewable energy alternatives, environmental impacts, greenhouse gas and air pollution emissions, quality job creation opportunities, and impacts to neighboring communities.

(III) For applications for a grant to help fund a study to identify and explore resources that may be suitable for geothermal electricity generation or hydrogen generation from electricity generated using geothermal energy, costing more than one million dollars, the office may award a grant of up to five hundred thousand dollars per project; and

(IV) For projects that concern an identified potential geothermal resource but need confirmation through drilling and testing or that are seeking to develop a project generation site:

(A) The office may award a grant of up to fifty percent of the first million dollars of the costs of the project;

(B) The office may award up to five hundred thousand dollars per project in addition to the amount awarded in subsection (4)(c)(IV)(A) of this section; and

(C) A developer may apply for no more than two grants per year.

(5) Application. To receive a grant, a person must submit an application to the office in accordance with the policies and procedures specified by the office.

(6) Use of grants. A grantee shall not use the money received through the grant program for any purpose that is not specified in subsection (4) of this section or in the grant application. If a grantee uses grant money for any other purpose, the grantee is subject to a civil action to recover the entire amount of the grant award or the portion of the grant award used for the other purpose.

(7) Fund. (a) (I) The geothermal energy grant fund is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.

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

(III) Except as otherwise provided in subsection (7)(d) of this section, money in the fund is continuously appropriated to the office to implement this section.

(b) Grants made under this section are paid out of the fund.

(c) Repealed.

(d) For state fiscal years 2023-24 and 2024-25, the office and, subject to annual appropriation, the department of revenue may expend money in the fund for the administration and implementation of the tax credit for expenditures made in connection with a geothermal energy project created in section 39-22-552, the geothermal electricity generation production tax credit created in section 39-22-553, and the heat pump technology and thermal energy network tax credit created in section 39-22-554. The office shall keep an accounting of all money expended from the fund pursuant to this subsection (7)(d) for purposes of calculating the repayment of the administrative costs required by section 24-38.5-120 (3).

(8) Administration. (a) The office shall administer the grant program, award grants as provided in this section, and develop policies and procedures as necessary to implement the grant program.

(b) The office shall award at least twenty-five percent of the grant money awarded for single-structure geothermal grants to eligible entities from or projects in low-income, disproportionately impacted, or just transition communities.

(c) The office shall develop and apply criteria for evaluating and awarding grant applications that:

(I) Prioritize projects in low-income, disproportionately impacted, or just transition communities; and

(II) Maximize the number of additional projects that would otherwise not occur without the grant money.

(d) The office may use grant program money to support education, outreach, and engagement with the general public and relevant stakeholders to facilitate the growth of the geothermal sector in Colorado.

(9) Reporting. (a) Each grantee shall submit an annual report to the office for two years following receipt of a grant award. The office shall determine the contents of the report.

(b) On or before February 1, 2024, and on or before February 1 each year thereafter through February 1, 2026, the office shall submit a report to the transportation and energy committee of the senate and the energy and environment committee of the house of representatives, or any successor committee, on the geothermal energy grant program. At a minimum, this report must include:

(I) The total amount of grant money awarded in the preceding calendar year;

(II) The total number of grants awarded in the preceding calendar year, including the amount of each grant;

(III) The total amount of grant money awarded to each grantee in the preceding calendar year;

(IV) The total amount of matching funds that grantees provided to receive a grant;

(V) The percentage of the total amount of grant money awarded in the preceding calendar year that was awarded as each type of grant described in this section;

(VI) The percentage of the total amount of grant money awarded in the preceding calendar year that was awarded to or for projects in low-income, disproportionately impacted, or just transition communities; and

(VII) To the extent available, the effects of the grants on gas use, electricity use, emissions, and energy costs.

(c) This subsection (9)(c) and subsection (9)(b) of this section are repealed, effective July 1, 2026.

(10) To the extent that a gas or electric service utility contributes to a project or partners with an eligible entity undertaking a project awarded under the grant program, the utility may count mass-based emissions reductions associated with the project toward compliance with the requirements imposed by:

(a) Rules promulgated under section 25-7-105 (1)(e)(X.7);

(b) Section 40-3.2-108 (3)(b); or

(c) Any similar greenhouse gas emission reduction program or requirement imposed by rule or statute.

(11) Grants awarded to energy sector public works projects - requirements. Any project that is funded in whole or in part by a grant awarded pursuant to this section and that is an energy sector public works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the "Colorado Energy Sector Public Works Project Craft Labor Requirements Act", part 3 of article 92 of this title 24.
C.R.S. § 24-60-2702 — CO Code / Title 24 / Article 12 / Part 27 / Section 24-60-2702
24-60-2702. Execution of compact
Status: in_force

24-60-2702. Execution of compact. The general assembly hereby approves and the governor is authorized to enter into a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

The Contracting Parties agree to the following:

OVERVIEW

(a) In General. This Compact organizes an electronic information sharing system among the Federal Government and the States to exchange criminal history records for noncriminal justice purposes authorized by Federal or State law, such as background checks for governmental licensing and employment.

(b) Obligations of Parties. Under this Compact, the FBI and the Party States agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the Federal Government and to Party States for authorized purposes. The FBI shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.

ARTICLE I -- DEFINITIONS

In this Compact:

(1) Attorney general. The term "Attorney General" means the Attorney General of the United States.

(2) Compact officer. The term "Compact officer" means:

(A) With respect to the Federal Government, an official so designated by the Director of the FBI; and

(B) With respect to a Party State, the chief administrator of the State's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.

(3) Council. The term "Council" means the Compact Council established under Article VI.

(4) Criminal history records. The term "criminal history records":

(A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and

(B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.

(5) Criminal history record repository. The term "criminal history record repository" means the state agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized record-keeping functions for criminal history records and services in the State.

(6) Criminal justice. The term "criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.

(7) Criminal justice agency. The term "criminal justice agency":

(A) Means:

(i) Courts; and

(ii) A governmental agency or any subunit thereof that:

(I) Performs the administration of criminal justice pursuant to a statute or Executive order; and

(II) Allocates a substantial part of its annual budget to the administration of criminal justice; and

(B) Includes Federal and State inspectors general offices.

(8) Criminal justice services. The term "criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

(9) Criterion offense. The term "criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.

(10) Direct access. The term "direct access" means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

(11) Executive order. The term "Executive order" means an order of the President of the United States or the chief executive officer of a State that has the force of law and that is promulgated in accordance with applicable law.

(12) FBI. The term "FBI" means the Federal Bureau of Investigation.

(13) Interstate identification system. The term "Interstate Identification Index System" or "III System":

(A) Means the cooperative Federal-State system for the exchange of criminal history records; and

(B) Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI.

(14) National fingerprint file. The term "National Fingerprint File" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.

(15) National identification index. The term "National Identification Index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.

(16) National indices. The term "National indices" means the National Identification Index and the National Fingerprint File.

(17) Nonparty state. The term "Nonparty State" means a State that has not ratified this Compact.

(18) Noncriminal justice purposes. The term "noncriminal justice purposes" means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

(19) Party state. The term "Party State" means a State that has ratified this Compact.

(20) Positive identification. The term "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.

(21) Sealed record information. The term "sealed record information" means:

(A) With respect to adults, that portion of a record that is:

(i) Not available for criminal justice uses;

(ii) Not supported by fingerprints or other accepted means of positive identification; or

(iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and

(B) With respect to juveniles, whatever each State determines is a sealed record under its own law and procedure.

(22) State. The term "State" means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE II -- PURPOSES

The purposes of this Compact are to:

(1) Provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records for noncriminal justice uses;

(2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;

(3) Require Party States to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;

(4) Provide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and

(5) Require the FBI and each Party State to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.

ARTICLE III -- RESPONSIBILITIES OF COMPACT PARTIES

(a) FBI Responsibilities. The Director of the FBI shall:

(1) Appoint an FBI Compact officer who shall:

(A) Administer this Compact within the Department of Justice and among Federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V (c);

(B) Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Article VI are complied with by the Department of Justice and the Federal agencies and other agencies and organizations referred to in Article III (a)(1)(A); and

(C) Regulate the use of records received by means of the III System from Party States when such records are supplied by the FBI directly to other Federal agencies;

(2) Provide to Federal agencies and to State criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:

(A) Information from Nonparty States; and

(B) Information from Party States that is available from the FBI through the III System, but is not available from the Party State through the III System;

(3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and

(4) Modify or enter into user agreements with Nonparty State criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.

(b) State Responsibilities. Each Party State shall:

(1) Appoint a Compact officer who shall:

(A) Administer this Compact within that State;

(B) Ensure that Compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the State; and

(C) Regulate the in-State use of records received by means of the III System from the FBI or from other Party States;

(2) Establish and maintain a criminal history record repository, which shall provide:

(A) Information and records for the National Identification Index and the National Fingerprint File; and

(B) The State's III System-indexed criminal history records for noncriminal justice purposes described in Article IV;

(3) Participate in the National Fingerprint File; and

(4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.

(c) Compliance With III System Standards. In carrying out their responsibilities under this Compact, the FBI and each Party State shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.

(d) Maintenance of Record Services.

(1) Use of the III System for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(2) Administration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.

ARTICLE IV -- AUTHORIZED RECORD DISCLOSURES

(a) State Criminal History Record Repositories. To the extent authorized by section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to State criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General and that authorizes national indices checks.

(b) Criminal Justice Agencies and Other Governmental or Nongovernmental Agencies. The FBI, to the extent authorized by section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), and State criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General, that authorizes national indices checks.

(c) Procedures. Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall:

(1) Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;

(2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and

(3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official.

ARTICLE V -- RECORD REQUEST PROCEDURES

(a) Positive Identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.

(b) Submission of State Requests. Each request for a criminal history record check utilizing the national indices made under any approved State statute shall be submitted through that State's criminal history record repository. A State criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another State criminal history record repository or the FBI.

(c) Submission of Federal Requests. Each request for criminal history record checks utilizing the national indices made under Federal authority shall be submitted through the FBI or, if the State criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the State in which such request originated. Direct access to the National Identification Index by entities other than the FBI and State criminal history records repositories shall not be permitted for noncriminal justice purposes.

(d) Fees. A State criminal history record repository or the FBI:

(1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and

(2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

(e) Additional Search.

(1) If a State criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.

(2) If, with respect to a request forwarded by a State criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records:

(A) The FBI shall so advise the State criminal history record repository; and

(B) The State criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other State criminal history record repositories.

ARTICLE VI -- ESTABLISHMENT OF COMPACT COUNCIL

(a) Establishment.

(1) In General. There is established a council to be known as the "Compact Council", which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.

(2) Organization. The Council shall:

(A) Continue in existence as long as this Compact remains in effect;

(B) Be located, for administrative purposes, within the FBI; and

(C) Be organized and hold its first meeting as soon as practicable after the effective date of this Compact.

(b) Membership. The Council shall be composed of 15 members, each of whom shall be appointed by the Attorney General, as follows:

(1) Nine members, each of whom shall serve a 2-year term, who shall be selected from among the Compact officers of Party States based on the recommendation of the Compact officers of all Party States, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of Nonparty States shall be eligible to serve on an interim basis.

(2) Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3- year term, of whom:

(A) One shall be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and

(B) One shall be a representative of the noncriminal justice agencies of the Federal Government.

(3) Two at-large members, nominated by the Chairman of the Council, once the Chairman is elected pursuant to Article VI (c), each of whom shall serve a 3-year term, of whom:

(A) One shall be a representative of State or local criminal justice agencies; and

(B) One shall be a representative of State or local noncriminal justice agencies.

(4) One member, who shall serve a 3-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board.

(5) One member, nominated by the Director of the FBI, who shall serve a 3-year term, and who shall be an employee of the FBI.

(c) Chairman and Vice Chairman.

(1) In General. From its membership, the Council shall elect a Chairman and a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman of the Council:

(A) Shall be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and

(B) Shall serve a 2-year term and may be reelected to only 1 additional 2-year term.

(2) Duties of Vice Chairman. The Vice Chairman of the Council shall serve as the Chairman of the Council in the absence of the Chairman.

(d) Meetings.

(1) In General. The Council shall meet at least once each year at the call of the Chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting.

(2) Quorum. A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.

(e) Rules, Procedures, and Standards. The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.

(f) Assistance From FBI. The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.

(g) Committees. The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.

ARTICLE VII -- RATIFICATION OF COMPACT

This Compact shall take effect upon being entered into by 2 or more States as between those States and the Federal Government. Upon subsequent entering into this Compact by additional States, it shall become effective among those States and the Federal Government and each Party State that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing State.

ARTICLE VIII -- MISCELLANEOUS PROVISIONS

(a) Relation of Compact to Certain FBI Activities. Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.

(b) No Authority for Nonappropriated Expenditures. Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.

(c) Relating to Public Law 92-544. Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any State, whether a Party State or a Nonparty State, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Article VI (a), regarding the use and dissemination of criminal history records and information.

ARTICLE IX -- RENUNCIATION

(a) In General. This Compact shall bind each Party State until renounced by the Party State.

(b) Effect. Any renunciation of this Compact by a Party State shall:

(1) Be effected in the same manner by which the Party State ratified this Compact; and

(2) Become effective 180 days after written notice of renunciation is provided by the Party State to each other Party State and to the Federal Government.

ARTICLE X -- SEVERABILITY

The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating State, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any Party State, all other portions of this Compact shall remain in full force and effect as to the remaining Party States and in full force and effect as to the Party State affected, as to all other provisions.

ARTICLE XI -- ADJUDICATION OF DISPUTES

(a) In General. The Council shall:

(1) Have initial authority to make determinations with respect to any dispute regarding:

(A) Interpretation of this Compact;

(B) Any rule or standard established by the Council pursuant to Article V; and

(C) Any dispute or controversy between any parties to this Compact; and

(2) Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of Article VI (e).

(b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.

(c) Right of Appeal. The FBI or a Party State may appeal any decision of the Council to the Attorney General, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a State court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.
C.R.S. § 24-21-116 — CO Code / Title 24 / Article 21 / Part 1 / Section 24-21-116
24-21-116. Business intelligence center program - creation - public data - contests - legis
Status: repealed

24-21-116. Business intelligence center program - creation - public data - contests - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I) Public data is a valuable resource that can assist businesses with strategic planning and decision-making;

(II) State agencies collect volumes of public business and economic data, but this data is often held in legacy systems or difficult-to-use formats and made available on disparate websites;

(III) The data would be more easily accessible if it was made available on a single, publicly available platform, such as the Colorado information marketplace;

(IV) The data is more valuable if it is machine-readable and formatted in a manner that allows for reference across data sets;

(V) The private sector can be an important partner in creating tools that analyze the data for greater insight;

(VI) The department of state, which has expertise with a digital business registry and other public data, has received appropriations in the annual general appropriations act and successfully operated a business intelligence center as a pilot project; and

(VII) The continuation of the business intelligence center program will provide businesses with greater access to public data, which will foster a better business environment in the state.

(b) Now, therefore, it is the intent of the general assembly to create a business intelligence center program in state law to streamline access to public data and provide resources to make the data more useful.

(2) As used in this section:

(a) "Advisory board" means the business intelligence center advisory board created in paragraph (a) of subsection (4) of this section.

(b) "Department" means the department of state.

(c) "Program" means the business intelligence center program created in subsection (3) of this section.

(d) "Public data" means data collected by a state agency or local government that is not required by law to be confidential.

(e) "State agency" means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive branch of state government.

(3) The business intelligence center program is created within the department of state. The purpose of the program is to streamline access to public data and to provide resources to make the data more useful. In operating the program, the department may:

(a) Assist state agencies in formatting and publishing data to a publicly available platform in a machine-readable format;

(b) Provide resources to facilitate the more effective use of public data;

(c) Solicit feedback from the business community to identify the types of public data and research tools that would be helpful;

(d) Conduct public contests to develop application software or other tools to help businesses effectively use public data, which contests may include cash awards and other incentives; and

(e) Assist local governments in publishing public data.

(4) (a) The business intelligence center advisory board is created in the department to assist the department in the operation of the program.

(b) The advisory board consists of:

(I) The secretary of state or his or her designee;

(II) A representative from the governor's office;

(III) A representative from the Colorado office of economic development created in section 24-48.5-101;

(IV) A representative from the office of information technology created in section 24-37.5-103;

(V) A representative from the statewide internet portal authority created in section 24-37.7-102; and

(VI) Up to six additional representatives whom the secretary of state appoints from state or local government, the private sector, or the nonprofit community. The secretary of state or his or her designee may also invite additional representatives to attend board meetings and participate as non-voting members.

(c) The secretary of state or his or her designee shall chair the board. The board shall meet at the chairperson's discretion. Members of the advisory board serve without compensation and without reimbursement for expenses.

(d) This subsection (4) is repealed, effective September 1, 2026. Prior to such repeal, the department of regulatory agencies shall review the advisory board as provided in section 2-3-1203, C.R.S.

(5) The department may contract with public or private entities to operate any part of the program.

(6) A public contest conducted by the department in accordance with subsection (3)(d) of this section is not subject to the "Procurement Code", articles 101 to 112 of this title 24.

(7) A state agency is not required to provide any public data to the department under the program. A state agency's participation in the program is voluntary. If a state agency accepts the department's assistance, the state agency controls the scope, timeline, and format of the publication of the public data.

(8) The secretary of state may seek, accept, and expend gifts, grants, or donations from private or public sources for direct and indirect program costs. Any state money received in accordance with this subsection (8) is deposited into the department of state cash fund created in section 24-21-104 (3) and continuously appropriated to the department for direct and indirect program costs.
C.R.S. § 24-22-115.5 — CO Code / Title 24 / Article 22 / Section 24-22-115.5
24-22-115.5. Legislative declaration - tobacco litigation settlement trust fund - creation
Status: repealed

24-22-115.5. Legislative declaration - tobacco litigation settlement trust fund - creation. (Repealed)
C.R.S. § 24-32-721.7 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-721.7
24-32-721.7. Affordable housing guided toolkit and local officials guide program - creation
Status: in_force

24-32-721.7. Affordable housing guided toolkit and local officials guide program - creation. (1) (a) There is hereby created within the division the affordable housing guided toolkit and local officials guide program, referred to in this section as the "housing toolkit program". The purpose of the housing toolkit program is to award funding to qualified counties, municipalities, and federally recognized tribes within the state selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to enable local governments to achieve an understanding of the housing needs of their communities, including the equity impacts of their land use policies and regulations, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The division shall administer the housing toolkit program.

(b) All funding of any assistance awarded under the housing toolkit program must be made entirely out of the money transferred from the general fund to the housing development grant fund created in section 24-32-721 (1) in accordance with section 24-32-721 (6). All costs incurred by the division in administering the housing toolkit program must be paid out of the money transferred in accordance with section 24-32-721 (6). The division may use up to eight percent of any money appropriated to it under this section to cover its administrative costs in administering the housing toolkit program. All money transferred to the housing development grant fund in accordance with section 24-32-721 (6) must be expended before July 1, 2025. Any such money that is not expended or encumbered from any appropriation at the end of any fiscal year is available for expenditure before July 1, 2025, without further appropriation.

(c) The process for applications required pursuant to this section must be in accordance with the process set forth in section 24-32-705.7.

(2) (a) In evaluating applications for technical assistance under the housing toolkit program, the division shall prioritize projects based upon whether the application will, in the discretion of the division, create the maximum impact on the development of affordable housing in the areas of greatest need across the state and will satisfy one or more of the factors specified in subsection (1) of this section. The division shall consult with the division of local government in connection with the creation and administration of the housing toolkit program.

(b) On or before September 1, 2021, the executive director of the department of local affairs or the executive director's designee shall adopt policies and procedures for the housing toolkit program that include, without limitation:

(I) Procedures and time lines by which an eligible recipient may apply for assistance under the housing toolkit program;

(II) Criteria for determining the amount or nature of the assistance awarded;

(III) Performance criteria for grant recipients' projects; and

(IV) Reporting requirements for grant recipients.

(c) On or before November 1, 2022, and on or before November 1, 2023, the executive director of the department or the executive director's designee shall publish a report summarizing the use of all assistance that was awarded from the housing toolkit program in the preceding fiscal year. In the report, the division shall also provide its recommendations concerning future administration of the housing toolkit program. The report must be shared with the general assembly and posted on the department's website.
C.R.S. § 24-33.5-2104 — CO Code / Title 24 / Article 33.5 / Part 21 / Section 24-33.5-2104
24-33.5-2104. School access for emergency response grant program - created - rules
Status: in_force

24-33.5-2104. School access for emergency response grant program - created - rules. (1) There is hereby created in the department in the office of school safety created in section 24-33.5-2702 the school access for emergency response grant program to provide grants to schools and public safety communications system owners to provide funding for needed interoperable communication hardware, software, equipment maintenance, and training to allow for seamless communications between new or existing school communications systems and first responder communications systems.

(2) Grant recipients may use the money received through the grant program for the following purposes:

(a) To deliver training programs to teach district-based security personnel and appropriate school personnel basic procedures for effective communications with first responders in an emergency;

(b) To implement an interoperable technology solution to provide or to upgrade the following:

(I) A system or technology that can be activated and deactivated by the public safety 911 answering point, the network administrator, and the school over both the radio system and other communications networks;

(II) Radio and other technology bridge ability that is nonradio vendor specific for connecting independent school networks across the school district and public safety networks in the region; and

(III) An interoperability solution that operates over radio networks and other communications networks;

(c) To maintain or improve a school's existing interoperable communication hardware or software or to provide interoperable communication hardware and software to a school that does not yet have it; and

(d) For any necessary radio system capacity expansions where school loading has been determined to have a significant impact on public safety system loading.

(3) The office of school safety created in section 24-33.5-2702 shall administer the grant program and, subject to available appropriations, shall award grants as provided in this part 21. Subject to available appropriations, grants must be paid out of the fund created in section 24-33.5-2107.

(4) The director or the director's designee, in consultation with the grant selection committee created in subsection (5) of this section, shall implement the grant program in accordance with this part 21. Pursuant to article 4 of this title 24, the director or the director's designee shall promulgate such rules as are required in this part 21 and such additional rules as may be necessary to implement the grant program. At a minimum, the rules must specify the time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money.

(5) There is hereby created the grant selection committee to work with the director or the director's designee to determine whether a grant applicant satisfies the criteria to receive a grant. The committee shall be composed of seven members appointed as specified in this subsection (5). The members of the committee shall serve without compensation; except that committee members shall not suffer any loss of salary while participating in the activities of the committee. Members of the committee shall meet as often as deemed necessary by the director or the director's designee to accomplish the work of the committee. Members of the committee shall be appointed on or before June 1, 2018, as follows:

(a) The chief information officer shall appoint one employee from the office;

(b) The speaker of the house of representatives shall appoint one person who represents urban or suburban school districts with interoperability experience in accordance with the school response framework;

(c) The president of the senate shall appoint one person who represents rural school districts with interoperability experience in accordance with the school response framework;

(d) The minority leader of the house of representatives shall appoint one person who represents the chiefs of police with interoperability experience in accordance with the school response framework;

(e) The minority leader of the senate shall appoint one person who represents county sheriffs with interoperability experience in accordance with the school response framework; and

(f) The director of the department of public safety shall appoint two employees from the department of public safety.
C.R.S. § 24-33.5-705.4 — CO Code / Title 24 / Article 33.5 / Part 7 / Section 24-33.5-705.4
24-33.5-705.4. All-hazards resource mobilization system - creation - plan - duties - reimbursem
Status: repealed

24-33.5-705.4. All-hazards resource mobilization system - creation - plan - duties - reimbursement for expenses incurred by mobilized entities - eligibility - resource mobilization fund - creation - definitions - legislative declaration. (1) (a) The general assembly hereby finds, determines, and declares that the statewide all-hazards resource mobilization system, which provides for efficient mobilizing, tracking, allocating, and demobilizing of emergency and disaster resources and ensures that a requesting unit of government receives proper equipment and qualified personnel, is necessary to provide resources to any emergency incident beyond local capabilities and thus necessary to protect life, property, the environment, and cultural and economic resources. The general assembly further finds and declares that the need to ensure that the state is adequately prepared and able to address large-scale emergencies and disasters requires a mechanism to reimburse state agencies, tribal governments, and local jurisdictions that respond to requests for help from other jurisdictions in times of need. It is therefore necessary to:

(I) Formulate the policy and organizational structure for large-scale mobilization of emergency resources in the state through creation of a statewide all-hazards resource mobilization system;

(II) Establish the means by which state agencies and tribal and local jurisdictions may be reimbursed for expenses they incur when mobilized by the executive director pursuant to the mobilization plan; and

(III) Provide a procedure to reimburse a host jurisdiction when it has exhausted or will exhaust all of its own resources and the resources of its local mutual aid network available under a mutual aid or interjurisdictional agreement.

(b) In accordance with section 24-33.5-713, it is the intent of the legislature to encourage political subdivisions to enter into mutual aid and other interjurisdictional agreements. Such agreements produce enhanced emergency response and recovery and are thus essential to protecting the public peace, safety, health, and welfare, including the lives and property, of the people of the state of Colorado.

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

(a) "Director" means the director of the office of emergency management created in section 24-33.5-705.

(b) "Emergency manager" means the director or coordinator of the local or interjurisdictional emergency management agency, as described in section 24-33.5-707 (4), or other person responsible for local or interjurisdictional disaster preparedness, prevention, mitigation, response, and recovery.

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

(d) "Host jurisdiction" means the jurisdiction having authority over the disaster or emergency.

(e) "Incident command system" has the meaning set forth in section 29-22.5-102 (3), C.R.S.

(f) "Jurisdiction" means state and tribal authorities and county, city, city and county, town, special district, or other political subdivisions of the state.

(g) "Mobilization" means the process of providing, upon request and subject to availability, resources beyond those available through existing interjurisdictional or mutual aid agreements in response to a request from a jurisdiction in which an emergency or disaster situation or local emergency incident that has exceeded or will exceed the capabilities of available local resources. The term includes the nonhost jurisdiction's authorization and approval for redistribution of resources either to direct emergency incident assignments or to assignment in communities where resources are needed to provide coverage when those communities' resources have been mobilized to assist other jurisdictions.

(h) "Mobilization plan" means the statewide all-hazards resource mobilization plan developed and utilized pursuant to this section.

(i) "Mobilization system" means the statewide all-hazards resource mobilization system created under this section, which system includes the mobilization plan and the technology and personnel necessary to mobilize resources according to the plan.

(j) "Mutual aid" means emergency interagency assistance rendered pursuant to an agreement between the jurisdictions rendering and receiving assistance.

(k) "Nonhost jurisdiction" means a jurisdiction providing disaster or emergency resources to a host jurisdiction.

(l) "Unified command" has the meaning set forth in section 29-22.5-102 (8), C.R.S.

(3) Powers and duties. (a) The director, in consultation with the director of the division of fire prevention and control in the department of public safety created in section 24-33.5-1201 (1)(a), shall develop and maintain a statewide all-hazards resource mobilization plan that sets forth procedures for mobilization, allocation, deployment, coordination, tracking, cost accounting, and demobilization of resources during disasters and other large-scale emergencies and local incidents that require more resources than those available under any existing interjurisdictional or mutual aid agreement. In developing the mobilization plan, the director shall consult with and solicit recommendations from the homeland security and all-hazards senior advisory committee created in section 24-33.5-1614 and other appropriate representatives of state, tribal, and local governmental and private sector emergency management organizations. The director shall ensure that the mobilization plan is consistent with, and incorporated into, the Colorado state comprehensive emergency management program described in section 24-33.5-705 (2) and the Colorado coordinated regional and statewide mutual aid system created in section 24-33.5-1235 (3).

(a.3) The director shall ensure that resources in the Colorado coordinated regional and statewide mutual aid system created in section 24-33.5-1235 (3)(a) are included in the all-hazards resource mobilization system described in this section.

(a.5) The director shall coordinate with the state coordination center created in section 24-33.5-1235 (3)(b) to ensure sufficient and effective implementation and integration of the resource mobilization plan required by subsection (3)(a) of this section and state and local emergence operations plans, as appropriate.

(b) (I) The executive director is responsible for implementing the mobilization plan, coordinating the mobilization of resources, and making a determination as to post-mobilization reimbursement to state and nonhost jurisdictions, in accordance with this section, other applicable laws, and the mobilization plan, when the executive director determines it is necessary to do so to protect life, property, the environment, and cultural and economic resources.

(II) The executive director shall serve as state resource mobilization liaison when the mobilization plan is implemented.

(4) Mobilization. (a) (I) The executive director may order the implementation of the state resource mobilization plan pursuant to this section only if he or she receives a request to do so from the governor, sheriff, emergency manager, or other authorized person identified in the state resource mobilization plan.

(II) The executive director shall grant a mobilization request made pursuant to subparagraph (I) of this paragraph (a) if the executive director determines that the request is in response to a large-scale emergency, disaster, or other local incident that exceeds or will exceed the capabilities of available local resources and those resources available through existing mutual aid agreements.

(III) Upon receiving a request for mobilization and finding that the request complies with the approval requirements established in the mobilization plan and that either the local jurisdiction has exhausted or will exhaust all available resources, or that the complexity or severity of the incident requires resources not otherwise available to the local jurisdiction, the executive director shall determine whether to implement mobilization in accordance with the mobilization plan. If so, the executive director shall mobilize state and nonhost jurisdictions in accordance with the mobilization plan.

(IV) The executive director may consider resources that have already been deployed to address an incident to be mobilized for the purpose of reimbursement or cost sharing under the mobilization plan.

(b) Upon and for the duration of mobilization:

(I) The executive director or the executive director's designee shall serve as a resource mobilization agency administrator to the local unified coordination group, incident commander, or the host jurisdiction's emergency management agency to support the mobilization effort consistent with the local jurisdictional incident command system and mobilization plan and procedures;

(II) The resources, including those of the host jurisdiction and those of nonhost jurisdictions that responded earlier under an existing interjurisdictional or mutual aid or other agreement, may remain mobilized, based on capability to do so and pursuant to agreement between the executive director, the incident commander, emergency manager, and the host jurisdiction or nonhost jurisdiction that provided the resources;

(III) The reassignment or reallocation of resources due to multiple concurrent incidents or other situations of resource scarcity shall be prioritized pursuant to the policies and procedures specified in the mobilization plan;

(IV) Any limits on or exemption from liability to which the jurisdictions providing resources in response to a mobilization effected under this section are entitled under law apply as though the jurisdictions were operating under their normal statutory authorities within their jurisdictional boundaries.

(c) The executive director, in consultation with the local incident commander or emergency manager, as appropriate, shall determine when mobilization is no longer required and, at that time, shall declare the end to the mobilization.

(5) Reimbursement. (a) The director, in consultation with the office of state planning and budgeting created in section 24-37-102, shall develop procedures to facilitate reimbursement to state agencies and jurisdictions from appropriate federal and state funds when state agencies and jurisdictions are mobilized by the executive director pursuant to the mobilization plan. The director shall ensure that these procedures provide reimbursement in as timely a manner as possible.

(b) (I) In order to be eligible for support under the mobilization plan, a jurisdiction must be mobilized pursuant to subparagraph (III) of paragraph (a) of subsection (4) of this section and must be participating in an interjurisdictional or mutual aid agreement entered into pursuant to this part 7.

(II) All mobilized nonhost jurisdictions are eligible for expense reimbursement from the time of the mobilization declaration through demobilization.

(6) Resource mobilization fund. (a) There is hereby created in the state treasury the resource mobilization fund, which fund shall be administered by the executive director, in accordance with paragraph (b) of this subsection (6), to provide reimbursement to state agencies and jurisdictions mobilized by the executive director pursuant to this section. The executive director is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly, moneys that may be transferred pursuant to section 24-33.5-706 (4.5), and all private and public funds received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes indicated in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(b) The executive director shall use the moneys in the resource mobilization fund to provide reimbursement to state agencies and jurisdictions for incidents in accordance with the terms of the mobilization plan.

(c) Repealed.

(7) (a) Nothing in this section limits the powers of the governor during a disaster under 24-33.5-704.

(b) Except as expressly provided in this section, nothing in this section limits the eligibility of any nonhost jurisdiction for reimbursement of expenses incurred in providing resources for mobilization.

(c) Nothing in this section precludes a state or local governmental entity from seeking public assistance funding pursuant to the federal "Robert T. Stafford Disaster Relief and Emergency Assistance Act", as amended, 42 U.S.C. sec. 5121 et seq.
C.R.S. § 24-4.1-116.5 — CO Code / Title 24 / Article 4.1 / Part 1 / Section 24-4.1-116.5
24-4.1-116.5. Collection actions against crime victims - suspension
Status: in_force

24-4.1-116.5. Collection actions against crime victims - suspension. (1) A medical service provider or medical service provider billing agent shall suspend all debt collection actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a period of ninety days to allow an opportunity for the board to resolve the claim, if, within one hundred eighty days after date of services rendered as part of the criminal episode, the claimant files an application for a claim with the board pursuant to section 24-4.1-105 and:

(a) Provides written notice to the medical service provider or its billing agent that a claim has been submitted to the board, including a crime victim compensation claim number; and

(b) Authorizes the medical service provider or its billing agent to confirm with the board the claimant's claim status and date of resolution as it relates to the medical provider's specific debt.

(2) The provisions of this section apply only to the claimant and not to a collateral source on the claimant's behalf.

(3) The provisions of subsection (1) of this section:

(a) Do not require the deletion of the debt on the claimant's credit report if the debt had already been reported to one or more credit bureaus prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.

(b) Do not apply to any debt where a lawsuit has been commenced against the claimant for the collection of the debt prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.
C.R.S. § 24-103-1103 — CO Code / Title 24 / Article 103 / Part 11 / Section 24-103-1103
24-103-1103. Definitions
Status: in_force

24-103-1103. Definitions. As used in this part 11, unless the context otherwise requires:

(1) "Construction-related professional services" means services with architecture and engineering, surveying, real estate consulting, and related work.

(2) "Disparity" means an inequality, difference, or gap between an actual outcome and a reference point or benchmark.

(3) "Disparity index" means a measure of the relative difference between an outcome, such as percentage of contract dollars received by a group, and a corresponding benchmark, such as the percentage of contract dollars that might be expected given the relative availability of that group for those contracts. In this example, disparity index is calculated by dividing a numerator of percent utilization by a denominator of percent availability and then multiplying the result by 100. A disparity index of 100 indicates "parity" or utilization "on par" with availability. Disparity index figures closer to 0 indicate larger disparities between utilization and availability.

(4) "Historically underutilized business" means an entity:

(a) That is a business, for-profit corporation, sole proprietorship, partnership, or joint venture that is more than fifty percent owned by one or more individuals who are:

(I) United States citizens or permanent resident aliens; and

(II) One or more of the following:

(A) Members of a racial or ethnic minority group; except that a business owned by Asian American persons is a historically underutilized business only with respect to state procurement for "other professional services contracts", as that term is defined in the state disparity study;

(B) Non-Hispanic Caucasian women; or

(C) Persons with disabilities; and

(b) For which the minority ownership controls both the management and day-to-day business decisions.

(5) "Industry" means businesses within one of the following economic sectors:

(a) Construction;

(b) Construction-related professional services;

(c) Brokerage and investment;

(d) Other professional services; and

(e) Goods and other services.

(6) "Minority business office" means the minority business office created in section 24-49.5-102.

(7) "Office" means the office of economic development created in section 24-48.5-101 (1).

(8) "Persons with disabilities" means persons who:

(a) Have physical or mental impairments, or both, that substantially limit one or more major life activities;

(b) Are regarded generally by the community as having a disability; and

(c) Whose disabilities substantially limit their abilities to engage in competitive business.

(9) "Prime contract" means a contract between the state and a business.

(10) "Prime contractor" means a construction business that performs a prime contract for the state.

(11) "Procurement technical assistance center" means the entity through which a procurement technical assistance program is provided.

(12) "Procurement technical assistance program" has the same meaning as set forth in section 24-48.5-121 (2)(d).

(13) "Professional services" means types of work in the service sector requiring special training. Some professional services such as accounting and law, require holding professional licenses.

(14) "Program" means the state procurement equity program established in section 24-103-1104 (1).

(15) "Racial or ethnic minority group" means individuals who belong to one or more racial or ethnic groups identified in 49 CFR Section 26.5:

(a) African American persons, including persons having origins in any of the black racial groups of Africa;

(b) Hispanic American persons, including persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

(c) Asian American persons, including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or

(d) Native American persons, including persons who are American Indians, Eskimos, Aleuts, or Hawaiians of Polynesian descent.

(16) "Remedial measure" means an action designed to address barriers to full participation of a targeted group.

(17) "Small business" means a business that qualifies as a small business pursuant to 13 CFR 121.

(18) "Small business development center" has the same meaning as set forth in section 24-48.5-121 (2)(f).

(19) "Solicitation assistance" means the provision of real-time responses to questions asked by potential contractors who seek guidance as to how best to respond to solicitations for state contracts, including guidance regarding availability of opportunities, interpretation of solicitation documents, and solicitation response procedures and best practices. "Solicitation assistance" does not include guidance specific to a particular solicitation for a state contract that could reasonably be expected to provide an unfair advantage to the potential contractor over other potential contractors responding to the solicitation.

(20) "State disparity study" or "study" means the study regarding the participation of historically underutilized businesses in state contracts entered into by all principal departments of state government that was commissioned by the executive director as required by section 24-103-1003.

(21) "State disparity study report" or "report" means the "2020 State of Colorado Disparity Study Final Report" published in November 2020.

(22) "Subcontractor" means any person who is a party to an agreement with a prime contractor for the purpose of performing a portion of the work that the prime contractor is obliged to perform or have performed under a contract.

(23) "Substantial disparity" means a disparity where the disparity index is less than 80, which can indicate evidence of discrimination affecting the outcome.

(24) "Utilization" means the percentage of total contract dollars of a particular type of work going to a specific group of businesses.

(25) "Women-owned business" or "WBE" means a business that is at least fifty-one percent owned and controlled by one or more individuals that are non-minority women.
C.R.S. § 24-32-201 — CO Code / Title 24 / Article 32 / Part 2 / Section 24-32-201
24-32-201. Legislative declaration
Status: repealed

24-32-201. Legislative declaration. (Repealed)
C.R.S. § 24-30-1519 — CO Code / Title 24 / Article 30 / Part 15 / Section 24-30-1519
24-30-1519. Insurance policies
Status: in_force

24-30-1519. Insurance policies. The procurement of any property or liability insurance policy by any state agency shall be coordinated through and approved by the department of personnel. State agencies are encouraged to submit any other insurance policy to the department of personnel for review and evaluation.
C.R.S. § 24-32-3001 — CO Code / Title 24 / Article 32 / Part 30 / Section 24-32-3001
24-32-3001. Community-based access grant program - powers and duties of department of local
Status: in_force

24-32-3001. Community-based access grant program - powers and duties of department of local affairs - definitions - legislative declaration. (1) As used in this section:

(a) "Aggregate" means to aggregate or consolidate the telecommunications service requirements of all or a substantial portion of the public offices within a community into a coordinated and rational network plan for the provision and procurement of telecommunications services so as to maximize economies of scale and combine the buying power of the entities operating such offices.

(b) "Community" means a geographically contiguous and distinct population, self-defined for the purposes of applying for the grant resources described in this section, and having a sponsoring fiscal agent that is a political subdivision of the state.

(c) "Connect" and "connection" refer to the establishment of a full-time, dedicated, digital network connection between a public office and the state network.

(d) "Department" means the department of local affairs, created in section 24-1-125.

(e) "Director" means the executive director of the department.

(f) "End-user equipment" means hardware and software that are identified with a specific public office or other physical location and that can operate independently of the state network. The term includes, without limitation, personal computers, network servers, local area networks, and video conferencing equipment.

(g) "Private-sector telecommunications provider" means a private corporation, whether or not operated for profit, that offers telephone, cable, wireless, or other telecommunications services to the public.

(h) "Public office" means any building, office, or facility that is physically located within the geographic boundaries of a community and is owned or operated by:

(I) An agency or political subdivision of the state or of any local government, including, but not limited to, a state administrative agency, a public school or college, a library, a county or municipal government, and a public hospital or health-care facility; or

(II) A nonprofit hospital.

(2) The department shall establish a community-based access grant program under which the department shall allocate capital construction funds appropriated to the department for this purpose to communities seeking to aggregate the telecommunications services required by the public offices within the community to connect to the digital network operated by the department of personnel pursuant to article 30 of this title. Said telecommunications services shall be procured by the communities from private-sector telecommunications providers.

(3) The use of moneys allocated under this section shall be limited as follows:

(a) Expenditures shall be made only in accordance with proposals that result in material improvements in the availability and competitive cost of advanced, digital telecommunications services to the community as compared to other communities of comparable size and characteristics.

(b) Expenditures shall be made only for services procured by the community from private-sector telecommunications service providers.

(c) Expenditures shall be made only for costs associated with:

(I) Terminating communications equipment at a public office;

(II) Leased digital telecommunications services associated with connecting a public office to the state's digital network; and

(III) Appropriate cost-recovery charges for the use of the state's digital network.

(d) No expenditures shall be made for costs associated with connecting public offices that already have connections; except that such public offices may be reimbursed for their net, new incremental costs incurred as a result of their inclusion in the community's plan for the aggregation of telecommunications services.

(e) No expenditures shall be made for end-user equipment, applications development, maintenance, training, or other similar costs incurred by a public office or organization.

(f) Moneys shall be disbursed only to the fiscal agent acting on behalf of a community.

(4) The department shall receive and evaluate proposals for funding under this section, subject to the following policy directives:

(a) The proposal process shall be conducted with the overall goal of providing funding to every community whose proposal is of high quality and competitive with those of communities of comparable size and characteristics.

(b) Priority shall be given to those communities proposing to aggregate the traffic of, and obtain participation from, the greatest proportion of the public offices within the community. To qualify for consideration, proposals shall list all public offices in the community and, as to each such public office, shall specify whether or not the public office is to be connected under the proposal. In addition, increased priority shall be given to those communities that show participation of private- and nonprofit-sector telecommunications consumers in the total aggregated demand.

(c) In accordance with measurable criteria established in advance by the department, the department shall consider the degree of cash and in-kind matching funds to be provided by the community, consistent with the community's resources.

(5) Notwithstanding the provisions of subsection (3) of this section, the department may allocate up to ten percent of the capital construction appropriation for technical assistance, training, engineering, and consulting to prepare plans, program documents, life-cycle cost studies, requests for proposals and other studies, and documents associated with and necessary for the development of proposals under this section.

(6) The department shall coordinate the allocation of the capital construction funds appropriated to it for the purposes of this section with the schedule of deployment for the state's digital networks.

(7) In the funding of aggregated access for communities, the department shall require that public entities participating in the aggregation of traffic locally demonstrate the ability to divert or separate local traffic, including but not limited to internet and voice traffic, from the point of aggregation to a local destination.

(8) The department shall allocate the capital construction funds appropriated to it for the purposes of this section in such a manner as to reduce geographic disparity throughout the state in the availability and cost of advanced communications services.

(9) The department shall report to and make an appearance before the capital development committee at the conclusion of each fiscal year of operation of this program.

(10) The general assembly hereby finds and declares that the aggregation of local public telecommunications services is a new state program and that administration of the program requires services of a specialized, technical nature that are not available within the state personnel system. The director is therefore authorized to contract with a private person, corporation, or entity for the administration of the community-based access grant program described in subsection (2) of this section if the contract otherwise complies with part 5 of article 50 of this title, concerning contracts for personal services.

(11) During the initial year of funding, the department of local affairs shall allocate the moneys made available for the purposes of this section in a manner that:

(a) Provides technical assistance for strategic telecommunications planning to communities that require help in preparing competitive proposals for future funding;

(b) Evaluates the relationship between the size of a community and the ability to successfully attract investment through aggregation; and

(c) Gives priority to proposals that demonstrate a high probability of success through sufficient prior strategic telecommunications planning, local managerial expertise, and technical feasibility of the chosen bid from the private vendor.
C.R.S. § 24-33.5-2303 — CO Code / Title 24 / Article 33.5 / Part 23 / Section 24-33.5-2303
24-33.5-2303. Rules
Status: in_force

24-33.5-2303. Rules. As the director deems necessary for the protection of firefighters and others using any self-contained breathing apparatus, the director may promulgate rules to establish and enforce standards for the inspection, certification, and use of the apparatus. The rules must incorporate or recognize current DOT or NIOSH standards for certification and recertification of pressure vessels with regard to any technology that is accepted by those federal agencies.
C.R.S. § 24-33.5-415.9 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-415.9
24-33.5-415.9. Local recovery programs for persons who wander - administration - rules - grants
Status: in_force

24-33.5-415.9. Local recovery programs for persons who wander - administration - rules - grants to local governments - requirements for recovery programs for persons who wander - website - cash fund - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that:

(a) There are currently millions of people in the United States with medical conditions that cause wandering, with many of these individuals becoming lost and missing.

(b) In Colorado, there are currently estimated to be approximately seventy-nine thousand people with medical conditions, such as Alzheimer's disease and related dementias, autism, brain injury, or developmental, cognitive, neurological, or chromosomal disorders that may cause people to wander.

(c) It is estimated that the number of people in Colorado with Alzheimer's disease alone will increase to approximately one hundred forty thousand by 2025.

(d) Local law enforcement agencies currently expend significant resources searching for individuals with medical conditions who wander and become lost and missing.

(e) Technology enabling the quick location of missing and lost individuals now exists, and the use of this technology would be beneficial to the citizens of Colorado by allowing lost and missing individuals to be located quickly and safely in a manner that is more cost-effective for the citizens of Colorado.

(f) Establishing a grant program to encourage county sheriffs' departments, municipalities, and county or municipal designees to establish recovery programs for persons who wander pursuant to this section will be beneficial to the citizens of Colorado by providing tools that will increase the chances of saving the lives of lost and missing persons.

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

(a) "Designee" means an organization designated by a county or municipality to administer a recovery program for persons who wander.

(b) "Participant" means a person who has a medical condition such as Alzheimer's disease and related dementias, autism, brain injury, or developmental, cognitive, neurological, or chromosomal disorders, that may cause them to wander and who participates in a recovery program for persons who wander.

(c) "Recovery program for persons who wander" means a program under which a participant has a device that may be used to assist in attempting to electronically locate the participant.

(2) The general assembly encourages each county, any combination of counties, each municipality, any combination of municipalities, any combination of counties and municipalities, or designees to implement and maintain a recovery program for persons who wander.

(3) The executive director shall serve as the liaison to recovery programs for persons who wander and shall administer the state grant money awarded for the purpose of starting or maintaining recovery programs for persons who wander. The executive director may promulgate such rules as are necessary for the administration of this section, including but not limited to annual deadlines for submitting grant applications, reporting of search and rescue statistics using technology obtained under this section, and implementation and maintenance policies for recovery programs for persons who wander. The executive director shall ensure that grants are only awarded to those recovery programs for persons who wander that ensure that every participant in the program is enrolled by their caregiver.

(4) (a) If a county, municipality, or designee either has a recovery program for persons who wander or chooses to initiate a recovery program for persons who wander, it may submit a written grant application in a form specified by the executive director. Counties, municipalities, and designees may submit grant applications jointly. The grant application shall include but not be limited to:

(I) An estimate of the number of people who are at risk of wandering and might qualify for assistance under the recovery program for persons who wander;

(II) An estimate of the startup or maintenance cost of the recovery program for persons who wander; and

(III) A statement of the number of personnel available for tracking lost individuals.

(b) The executive director shall prioritize the grant awards in accordance with the respective needs of each county, municipality, or designee for tracking services and the availability of local funding sources, as documented in the grant applications submitted pursuant to subsection (4)(a) of this section. Awards to qualifying counties, municipalities, and designees shall be prorated in accordance with the availability of state grant money.

(5) (a) If a county, municipality, or designee accepts a grant under this section, the county, municipality, or designee shall use such grant money for equipment costs, training of search personnel, outreach about recovery programs for persons who wander, and any other costs required to implement or maintain a recovery program for persons who wander.

(b) All counties, municipalities, or designees establishing or maintaining a recovery program for persons who wander under this section shall work with organizations who provide services to individuals with medical conditions such as Alzheimer's disease and related dementias, autism, brain injury, or developmental, cognitive, neurological, or chromosomal disorders, that may cause them to wander to provide information to any family member of a participant in a recovery program for persons who wander about wandering, how to prevent wandering, and how to respond to wandering.

(c) The bureau shall provide all counties, municipalities, or designees establishing or maintaining a recovery program for persons who wander under this section with any information the bureau concludes is necessary to effectively initiate or maintain a recovery program for persons who wander.

(5.5) Not later than January 1, 2023, the bureau shall establish and maintain a website that is available to the public free of charge and that:

(a) Lists those counties, municipalities, or designees that have a recovery program for persons who wander and who may qualify to participate in those programs;

(b) Describes how to contact the counties, municipalities, or designees that have a recovery program for persons who wander;

(c) Lists resources for caretakers of persons with medical conditions that cause wandering;

(d) Provides procedures to follow when a participant of a recovery program for persons who wander is determined to be missing;

(e) Describes how the recovery technology used by the recovery programs for persons who wander works; and

(f) Provides any other information the bureau concludes is necessary to better explain and publicize recovery programs for persons who wander.

(6) There is hereby created in the state treasury the recovery program for persons who wander cash fund. The money in the cash fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of this section, including grants to counties, municipalities, and designees to initiate and maintain recovery programs for persons who wander and the creation and maintenance of the website described in subsection (5.5) of this section. Any interest earned on the investment of money in the cash fund remains in the cash fund and does not revert to the general fund of the state at the end of any fiscal year.
C.R.S. § 24-33.5-808 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-808
24-33.5-808. Workers' compensation law applies
Status: in_force

24-33.5-808. Workers' compensation law applies. Insofar as not inconsistent with this part 8, the "Workers' Compensation Act of Colorado" applies to civil defense workers and their dependents and to the furnishing of compensation and medical, dental, and funeral benefits to them or their dependents. "Employee", as used in said act, includes a civil defense worker when liability for the furnishing of the compensation and benefits exists pursuant to this part 8 and as limited by this part 8. Where liability for compensation and benefits exists, such compensation and benefits shall be provided in accordance with the applicable provisions of the "Workers' Compensation Act of Colorado" and at the maximum rate provided therein, subject to the limitations set forth in this part 8.
C.R.S. § 24-33.5-2603 — CO Code / Title 24 / Article 33.5 / Part 26 / Section 24-33.5-2603
24-33.5-2603. Office of liaison for missing and murdered Indigenous relatives - director - dut
Status: repealed

24-33.5-2603. Office of liaison for missing and murdered Indigenous relatives - director - duties - report - collaboration - advisory board - access to records - gifts, grants, and donations. (1) There is created in the department the office of liaison for missing and murdered Indigenous relatives to work on behalf of those who are missing or murdered. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(2) (a) The executive director of the department shall appoint the director of the office pursuant to section 13 of article XII of the state constitution. The director of the office must be a person closely connected to a tribe or the Indigenous community and who is highly knowledgeable about criminal investigations. The executive director is encouraged to consider candidates for appointment who are recommended by tribes and Indigenous communities.

(b) The director may appoint staff as necessary to carry out the duties of the office. In appointing staff for the office, the director shall give preference to those with experience working with Indigenous persons and Indian tribes. The director shall encourage Indigenous persons to apply for positions in the office.

(3) The office shall serve as a liaison on behalf of the Indigenous community on issues related to missing or murdered Indigenous relatives, support the advisory board created in subsection (4) of this section, and carry out any duties assigned by the executive director. In carrying out its duties, the office shall collaborate with any relevant entities, including the Colorado commission of Indian affairs, federally recognized tribes, Indigenous-led organizations, tribal and local law enforcement agencies, the Colorado bureau of investigation, and the Colorado state patrol.

(3.5) In addition to any other duties described in this section, the office shall:

(a) In order to better understand the causes of crimes involving a missing or murdered Indigenous person, conduct comprehensive reviews of sentencing in cases of a violent or exploitative crime against an Indigenous person. The office's case reviews should identify cases in which the perpetrator is a repeat offender. The reviews must include consultations with the lead investigative agency and district attorney and collection and review of all sentencing information related to the case. The office shall annually publish a report that includes information about the case reviews, including the number of cases reviewed, the jurisdiction of those cases, and the disposition of each case. The department shall publish the report on a publicly available page of its website.

(b) Develop and maintain communication with relevant divisions in the department regarding any cases involving missing or murdered Indigenous relatives;

(c) Repealed.

(d) Collaborate with Indigenous-led organizations and the Colorado district attorneys' council to assist the Colorado district attorneys' council in developing and providing training to victim advocates in district attorneys' offices and law enforcement agencies who work with the families of missing or murdered Indigenous relatives; and

(e) Designate one employee of the office, in addition to the director, to serve as a point of contact for families in need of assistance with ongoing or completed missing or murdered Indigenous relatives cases. For each family the employee works with, the employee shall liaise with the victim services coordinator in a district attorney's office who is assigned to the family's case and any other advocate assigned by a state or local agency to the family's case; provide to the family available information about the family's case; facilitate connections with local law enforcement, advocacy, and victim services organizations, and when necessary advocate for the family with those entities and follow-up with those entities; and provide the family with information about community resources and support services.

(4) (a) There is established in the office the community volunteer advisory board to identify and advise the office on areas of concern regarding missing or murdered Indigenous relatives and issues relating to organizing or conducting search efforts, support groups, or other supportive efforts related to missing or murdered Indigenous relatives. The advisory board shall meet at least once per quarter in state fiscal year 2022-23, and biannually thereafter, at dates and times as called by the executive director. The advisory board may meet electronically.

(b) The advisory board is comprised of the following members:

(I) Ten members appointed by the executive director, as follows:

(A) One representative of an Indigenous-led organization that provides advocacy or counseling for Indigenous victims of violence;

(B) One representative of an Indigenous-led organization that provides legal services for Indigenous victims of violence;

(C) One representative of an Indigenous-led organization that provides health services to Indigenous victims of violence;

(D) One representative of a community-based organization that provides services to an urban Indigenous community;

(E) One representative of a community-based organization that provides services to a rural Indigenous community;

(F) One representative of a community-based victim advocate organization serving Colorado's Indigenous population;

(G) One representative of a national organization that provides education and awareness of missing and murdered Indigenous relatives; and

(H) Three members who are Indigenous people who have been victims of violence or are a family member of an Indigenous person who has been a victim of violence;

(II) One member who represents the Ute Mountain Ute Tribe, appointed by the Ute Mountain Ute tribal council;

(III) One member who represents the Southern Ute Indian Tribe, appointed by the Southern Ute tribal council;

(IV) One member who represents the Ute Indian Tribe of the Uintah and Ouray reservation, appointed by the Northern Ute tribal council;

(V) Four members who are each an enrolled member of a tribe with historical ties to Colorado, as identified on the Colorado tribal contacts list developed by history Colorado in partnership with the Colorado commission of Indian affairs;

(VI) Two members with expertise in law enforcement, appointed by the executive director from any two of the following categories:

(A) A peace officer who works or resides on a federally recognized Indian tribe's reservation in Colorado;

(B) A sheriff from a county with a population of fewer than one hundred thousand persons;

(C) A sheriff from an urban county;

(D) A representative of the Colorado state patrol, with the approval of the chief of the state patrol; or

(E) A representative of the Colorado bureau of investigation, with the approval of the director of the bureau; and

(VII) Two members, appointed by the executive director, who each represent one of the following:

(A) The attorney general's office, appointed with the approval of the attorney general;

(B) The judicial branch, appointed with the approval of the state court administrator;

(C) The Colorado commission of Indian affairs, appointed with the approval of the commission's director;

(D) Certified death investigators, who must be a death investigator certified by the state coroners association; or

(E) The state department of human services, appointed with the approval of the executive director of the department.

(c) Members serve at the pleasure of the appointing authority. Advisory board members serve without compensation and without reimbursement for expenses. Advisory board members are not office personnel.

(d) The advisory board shall prepare an annual report that includes a summary of the advisory board's work during the prior year and the advisory board's recommendations about any issue related to the office to improve any aspect of the office, its operation, or procedures in furtherance of the office's mission. No later than December 31 of each year, the advisory board shall submit the annual report to the house of representatives judiciary committee and state, civic, military, and veterans affairs committee and the senate judiciary committee and state, veterans, and military affairs committee, or their successor committees. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in this subsection (4)(d) continues indefinitely.

(5) (a) Subject to applicable state or federal law, and, subject to the custodian balancing the needs of the office, the families of missing persons, and law enforcement's interest in protecting the integrity of an investigation, office personnel may inspect relevant criminal justice records, including any correctional or detention records, and any pertinent medical, coroner, and laboratory records in the custody of any state or local agency that are necessary for the office to perform its duties pursuant to this section. A law enforcement agency shall comply with a request for data from the department of public safety to the extent consistent with the "Colorado Open Records Act", part 2 of article 72 of title 24, and the criminal justice records act, part 3 of article 72 of title 24. Office personnel may only review and inspect records at reasonable times and with reasonable notice under the circumstances. Office personnel shall not have access pursuant to this subsection (5) to any criminal justice or medical record that is not pertinent, relevant, or necessary for the office to perform its duties described in this section.

(b) Any record inspected, accessed, or otherwise obtained or reviewed by office personnel pursuant to this subsection (5) is confidential. The office shall not release, share, or make public the records or any information contained in the records, except as follows:

(I) The office may publicly release aggregated information on a publicly available page of the department's website in a manner that does not identify any individual person and does not include any information that may be linked to any individual;

(II) The office may release records or information learned from a record related to a person who has been missing for five years or more or a person whose death the office has confirmed to the following people who are related to the person who is the subject of the record: The person's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents, including any of those relationships created as a result of adoption. In determining whether to release records, the office shall balance the needs of the office, the families of missing persons, and law enforcement's interest in protecting the integrity of an investigation.

(III) If the office is ordered to release a record pursuant to a search warrant, subpoena, or other court order, the office shall release the record to the extent ordered.

(c) Office personnel who violate this section by releasing or making public a confidential record or confidential information learned from a record commits a class 2 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501 (1).

(6) The office may seek, accept, and expend gifts, grants, or donations from private or public sources to carry out any of the office's duties and to provide financial support to missing or murdered Indigenous relatives' families. The support may include, but is not limited to, assistance with payment for the cost of record retrieval, travel expenses, lodging, gas, or funeral costs.
C.R.S. § 24-33.5-805 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-805
24-33.5-805. Compensation for death or injury
Status: in_force

24-33.5-805. Compensation for death or injury. (1) Compensation shall be furnished to a civil defense worker either within or without the state for any injury arising out of and occurring in the course of such civil defense worker's activities as a civil defense worker and for the death of any such worker if the injury proximately causes death in those cases where the following conditions occur:

(a) Where, at the time of the injury, the civil defense worker is performing services as a civil defense worker and is acting within the course of such civil defense worker's duties as a civil defense worker;

(b) Where, at the time of the injury, the local organization for civil defense with which the civil defense worker is registered is an accredited local organization for civil defense. If the civil defense worker is registered with the office of emergency management and is at the time of the injury performing services for said office and is acting within the course of such civil defense worker's duties as a civil defense worker for said office, registration with an accredited local organization for civil defense is not required.

(c) Where the injury is proximately caused by such civil defense worker's service as a civil defense worker, either with or without negligence;

(d) Where the injury is not caused by the intoxication of the injured civil defense worker;

(e) Where the injury is not intentionally self-inflicted.
C.R.S. § 24-31-1203 — CO Code / Title 24 / Article 31 / Part 12 / Section 24-31-1203
24-31-1203. False claims - civil liability for certain acts - penalty - exception
Status: in_force

24-31-1203. False claims - civil liability for certain acts - penalty - exception. (1) Subject to subsection (2) of this section and except as otherwise provided in subsection (5) of this section, a person is liable to the state for a civil penalty of not less than eleven thousand eight hundred dollars and not more than twenty-three thousand six hundred dollars per violation, plus three times the amount of damages that the state sustains because of the act of that person, if that person:

(a) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

(b) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;

(c) Has possession, custody, or control of property or money used, or to be used, by the state or political subdivision and knowingly delivers, or causes to be delivered, less than all of the money or property;

(d) Authorizes the making or delivery of a document certifying receipt of property used, or to be used, by the state or political subdivision and, with the intent to defraud the state or political subdivision, makes or delivers the receipt without completely knowing that the information on the receipt is true;

(e) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or political subdivision who lawfully may not sell or pledge the property;

(f) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state or political subdivision;

(g) Knowingly makes, uses, or causes to be made or used, a false record or statement resulting in the underpayment of premiums owed to the unemployment compensation fund established in section 8-77-101 or in the payment of unemployment insurance benefits of more than fifteen thousand dollars in a calendar year; or

(h) Conspires to commit a violation of subsections (1)(a) to (1)(g) of this section.

(2) (a) Notwithstanding the amount of damages authorized in subsection (1) of this section, for a person who violates subsection (1) of this section, the court may assess reduced damages and penalties as described in subsection (2)(b) or (2)(c) of this section if the court finds that:

(I) The person who committed the violation furnished to the officials of the state or political subdivision responsible for investigating false claims violations all information about the violation known to the person and furnished said information within thirty days after the date on which the person first learned of a potential violation;

(II) At the time the person furnished the information about the violation to the officials of the state or political subdivision, the person did not have actual or constructive knowledge of the existence of an investigation into the violation; and

(III) The person fully cooperated with any investigation of the violation by the state.

(b) If a person described in subsection (2)(a) of this section furnished information about the violation to the officials of the state or political subdivision before a criminal prosecution, civil action, or administrative action was commenced with respect to the violation, the court shall assess one and one-half the amount of actual damages resulting from the false claim, including interest from the date of the fraud to the date of full repayment of all damages, that the state or political subdivision sustains because of the violation and a civil penalty of not less than five thousand nine hundred dollars and not more than eleven thousand eight hundred dollars per violation.

(c) If a person described in subsection (2)(a) of this section furnished information about the violation to the officials of the state while a criminal prosecution, civil action, or administrative action concerning the violation was under seal pursuant to section 24-31-1204 (3)(b), the court shall assess double the amount of actual damages resulting from the false claim, including interest from the date of the fraud to the date of full repayment of all damages, that the state or political subdivision sustains because of the violation and a civil penalty of not less than seven thousand eight hundred dollars and not more than fifteen thousand seven hundred dollars per violation.

(d) The attorney general may determine whether a person meets the criteria described in subsection (2)(a) of this section and submit the determination and reasoning to the court, which the court may consider when making a finding as to whether the person satisfies the criteria described in subsection (2)(a) of this section.

(3) Any information furnished pursuant to subsection (2) of this section is exempt from disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24.

(4) A person who violates this section is also liable to the state for reasonable attorney fees and the costs incurred during the enforcement of this part 12.

(5) This section does not apply to claims, records, or statements made pursuant to title 39.

(6) (a) The maximum and minimum amounts for the civil penalties described in this section must be adjusted for inflation on July 1, 2023, and each July 1 thereafter. The adjustment made pursuant to this subsection (6) must be rounded upward or downward to the nearest ten-dollar increment. The secretary of state shall certify the adjusted maximum and minimum amounts for civil penalties within fourteen days after the appropriate information is available.

(b) For each action brought pursuant to this part 12, the applicable minimum and maximum amounts for a civil penalty are the amounts in effect on the date the cause of action accrues.

(c) As used in this section, "inflation" means the annual percentage change in the Denver-Aurora-Lakewood consumer price index, or its applicable successor index, published by the United States department of labor bureau of labor statistics.

(7) For accounting purposes, a fine or penalty received by the state pursuant to this part 12 is a damage award.

(8) (a) Subject to section 24-31-1204 (4)(e), if the attorney general has authority to bring or intervene in a civil action pursuant to this part 12, the attorney general may accept from a person alleged to have violated subsection (1) of this section, in lieu of or as a part of a civil action, an assurance of discontinuance or a consent order approved by a court of competent jurisdiction of the alleged violation of this part 12. The assurance or consent order may include a stipulation for the voluntary payment by the alleged violator of any relief authorized by this part 12, including payment for investigation and litigation costs incurred by the attorney general or private person who brought an action pursuant to section 24-31-1204 (3), and actual damages resulting from the false claim plus any authorized multiplier, interest, and civil money penalty.

(b) An assurance of discontinuance or consent order accepted by the attorney general precludes a separate action pursuant to section 24-31-1204 (3) by any person based on the same factual circumstances, except for an action based on a violation of the assurance of discontinuance or consent order.

(c) An assurance of discontinuance accepted by the attorney general and any consent order filed with the court as a part of an action is a matter of public record unless the attorney general determines, at the attorney general's discretion, that it is confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action or a motion or petition in a pending civil action by the attorney general alleging that a person has violated a confidential assurance of discontinuance or consent order accepted pursuant to this subsection (8), the assurance of discontinuance or consent order is a public record and open to inspection by any person.

(d) Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding.
C.R.S. § 24-72-306 — CO Code / Title 24 / Article 72 / Part 3 / Section 24-72-306
24-72-306. Copies, printouts, or photographs of criminal justice records - fees authorized
Status: in_force

24-72-306. Copies, printouts, or photographs of criminal justice records - fees authorized. (1) Criminal justice agencies may assess reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval, and redaction of criminal justice records requested pursuant to this part 3 and may waive fees at their discretion. In addition, criminal justice agencies may charge a fee not to exceed twenty-five cents per standard page for a copy of a criminal justice record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a criminal justice record in a format other than a standard page. Where fees for certified copies or other copies, printouts, or photographs of criminal justice records are specifically prescribed by law, such specific fees shall apply. Where the criminal justice agency is an agency or department of any county or municipality, the amount of such fees shall be established by the governing body of the county or municipality in accordance with this subsection (1).

(2) If the custodian does not have facilities for making copies, printouts, or photographs of records which the applicant has the right to inspect, the applicant shall be granted access to the records for the purpose of making copies, printouts, or photographs. The copies, printouts, or photographs shall be made while the records are in the possession, custody, and control of the custodian thereof and shall be subject to the supervision of such custodian. When practical, they shall be made in the place where the records are kept, but, if it is impractical to do so, the custodian may allow other arrangements to be made for this purpose. If other facilities are necessary, the cost of providing them shall be paid by the person desiring a copy, printout, or photograph of the records. The official custodian may establish a reasonable schedule of times for making copies, printouts, or photographs and may charge the same fee for the services rendered by him or his deputy in supervising the copying, printing out, or photographing as he may charge for furnishing copies under subsection (1) of this section.

(3) The provisions of this section shall not apply to discovery materials that a criminal justice agency is required to provide in a criminal case pursuant to rule 16 of the Colorado rules of criminal procedure.
C.R.S. § 24-53-111 — CO Code / Title 24 / Article 53 / Section 24-53-111
24-53-111. Transfer of powers, duties, and obligations
Status: in_force

24-53-111. Transfer of powers, duties, and obligations. On and after March 26, 1984, all powers, duties, and obligations pursuant to this article which were undertaken prior to March 26, 1984, by the division of employment and training of the department shall be undertaken by the department.
C.R.S. § 24-33-102 — CO Code / Title 24 / Article 33 / Part 1 / Section 24-33-102
24-33-102. Powers and duties of the executive director and deputy director
Status: in_force

24-33-102. Powers and duties of the executive director and deputy director. (1) The commissioner of mines, who shall be appointed and act pursuant to section 34-21-102, C.R.S., may be the executive director of the department.

(2) The executive director shall require of the head of each subordinate agency assigned to the department of natural resources an annual report containing such information and submitted at such time as the executive director decides.

(3) The executive director shall exercise control over publications of the department and any division thereof. He shall cause such publications as are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136.

(4) The executive director may request from the board of governors of the Colorado state university system such information and statistics concerning forests and forestry in the state and other reports at such times and on such matters as the executive director may require.

(5) The executive director has the power and duty to develop, encourage, promote, and implement programs for the prevention, abatement, and control of litter within the state of Colorado. The executive director may enter into such contracts as may be appropriate for the implementation of any such program.

(5.5) The executive director shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title.

(6) The executive director may appoint the deputy director of the department of natural resources, pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the executive director, the deputy director shall have all of the powers, duties, and responsibilities of the executive director as provided by law and shall exercise such powers, duties, and responsibilities in the absence of the executive director and when so instructed by the executive director.

(7) No later than ninety days following confirmation by the senate of the public members of the state board of the great outdoors Colorado trust fund, the executive director shall secure a memorandum of understanding among the joint budget committee of the general assembly, the department of natural resources, and the state board of the great outdoors Colorado trust fund establishing policies and procedures which will facilitate cooperation and coordination of efforts concerning investment in and development, operation, and management of the state's parks and wildlife systems.
C.R.S. § 24-36-107 — CO Code / Title 24 / Article 36 / Part 1 / Section 24-36-107
24-36-107. Warrants or checks endorsed when not paid - exception
Status: in_force

24-36-107. Warrants or checks endorsed when not paid - exception. (1) Whenever upon presentation for payment of any issued and outstanding warrant or any issued and outstanding check there are insufficient funds in the state treasury to pay the same, the state treasurer shall endorse thereon the following: "Presented for payment (insert date). Insufficient funds. This warrant or check shall draw interest from this date at the rate of six percent per annum." and shall return such warrant or check to the person presenting it for payment.

(2) Noninterest-bearing general fund warrants and checks lawfully issued pursuant to the provisions of section 24-75-208 are exempt from the provisions of this section.
C.R.S. § 24-115-104 — CO Code / Title 24 / Article 115 / Section 24-115-104
24-115-104. Critical needs financing corporation - creation - composition of board of direct
Status: in_force

24-115-104. Critical needs financing corporation - creation - composition of board of directors - powers. (1) There is hereby created an independent public body politic and corporate to be known as the critical needs financing corporation. The corporation shall be a body corporate and an instrumentality of the state and shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, or agency of the state. Notwithstanding the service of elected officials of state government or employees of agencies of state government on the board, the corporation shall be treated and accounted for as a separate legal entity with separate corporate purposes as set forth in this article. Assets, liabilities, and funds of the corporation shall not be consolidated or commingled with assets, liabilities, or funds of the state or of any entity that is capable of being a debtor in a case under the United States bankruptcy code, title 11 of the United States Code, as amended, or any successor bankruptcy code. Assets of the corporation shall not be used to pay debts or financial obligations of the state.

(2) (a) The governing body of the corporation shall be a board of directors, which shall consist of the following five ex officio members:

(I) The director of the office of state planning and budgeting;

(II) The state controller;

(III) The state treasurer;

(IV) A member of the joint budget committee of the general assembly selected by and to serve at the pleasure of the members of the committee; and

(V) The chair of the capital development committee of the general assembly or any successor committee.

(b) Each ex officio member of the corporation may designate an official or employee of the member's agency or committee to represent the member at meetings of the corporation, and each designee may lawfully vote and otherwise act on behalf of the designating member.

(c) A member of the board or a designee of a member of the board is immune from personal liability for any action taken by the member or designee that is within the scope of the board's authority under this article.
C.R.S. § 24-51-1731 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1731
24-51-1731. Benefits for deferred members determined upon date of termination
Status: in_force

24-51-1731. Benefits for deferred members determined upon date of termination. Subject to the provisions of this section, in the event of reemployment, all rights and privileges incident to a deferred retirement allowance shall be and remain as provided under the retirement plan and its pertinent policies and rules and regulations in effect at the time of such termination of employment. If such employee whose employment has been terminated is reemployed by the district and thereafter remains continuously in the employ of the district for a sufficient period to establish a full year of accredited service, then any rights with respect to a deferred retirement allowance shall be determined by the provisions of sections 24-51-1727 to 24-51-1730 in effect on the date of such subsequent termination of employment.
C.R.S. § 24-51-1707 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1707
24-51-1707. Affiliate membership
Status: in_force

24-51-1707. Affiliate membership. A casual employee who has been approved or has applied, and is ultimately approved, for status as an affiliate member as of December 31, 2009, shall remain an affiliate member and the benefits provided for pursuant to the DPS plan document shall govern at the time of retirement, unless such status is revoked pursuant to the DPS plan document. Any applicant for affiliate member status shall complete payments in accordance with the DPS plan document or be subject to revocation of affiliate member status. On or after January 1, 2010, further applications for affiliate membership shall not be permitted, and all eligible benefits payable to the existing affiliate members shall be based on the highest average salary, as defined in section 24-51-1702 (17), and benefit descriptions, as detailed in sections 24-51-1715, 24-51-1729, and 24-51-1734 to 24-51-1746.
C.R.S. § 24-33.5-115 — CO Code / Title 24 / Article 33.5 / Part 1 / Section 24-33.5-115
24-33.5-115. Peace officer hiring - required use of waiver - definitions
Status: in_force

24-33.5-115. Peace officer hiring - required use of waiver - definitions. (1) A state or local law enforcement agency, including higher education law enforcement agencies and public transit law enforcement agencies, 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 state or local law enforcement agency and releases the interviewing agency 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 interviewing agency 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 interviewing agency. The agency interviewing the candidate 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 agency that is considering the candidate for employment 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.

(3) A state or local law enforcement agency or governmental agency is not liable for complying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate.

(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. § 24-32-3204 — CO Code / Title 24 / Article 32 / Part 32 / Section 24-32-3204
24-32-3204. Powers and duties of the office of smart growth
Status: in_force

24-32-3204. Powers and duties of the office of smart growth. (1) The office shall have the following powers and duties:

(a) To serve as a clearing house, for the benefit of local governments, of information relating to the common problems faced by local governments in connection with growth and of state and federal resources available to assist in the resolution of problems caused by growth;

(b) To refer local governments to appropriate departments or agencies of the state or federal government for advice, assistance, or available services in connection with specific problems relating to growth;

(c) To perform such research as is necessary to carry out the functions of the office;

(d) To encourage and, when so requested, assist cooperative efforts among local governments toward the solution of common problems relating to growth;

(e) Upon request by local governments, to provide technical assistance to such governments in addressing problems caused by the impacts of growth in such areas as, without limitation, completion of comprehensive or master plans and the resolution of land use disputes involving other governmental entities; and

(f) To accept and receive grants and services relevant to the fulfillment of this part 32 from the federal government, other state agencies, local governments, or private and civic sources.
C.R.S. § 24-48.5-128 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-128
24-48.5-128. Program - marijuana entrepreneurs - social equity licensees - report - marijuana
Status: in_force

24-48.5-128. Program - marijuana entrepreneurs - social equity licensees - report - marijuana entrepreneur fund - creation - legislative declaration - definitions. (1) Legislative declaration. (a) The general assembly finds that:

(I) Colorado voters legalized the personal use of marijuana in 2012 and a robust regulatory framework was established to provide important safeguards and guardrails for the new and growing marijuana industry that resulted;

(II) From the onset of legalization in Colorado, statute specifically disqualified Coloradans with past marijuana convictions from participating in the regulated marijuana industry and, until recently, those persons were unable to participate in the industry;

(III) While the marijuana industry has ballooned into a two billion two hundred million dollar economic engine that employs more than forty thousand people across two thousand eight hundred businesses, very few of all regulated marijuana businesses are owned by Coloradans with past marijuana convictions;

(IV) The state is at a critical juncture where it must act to ensure Colorado remains a leader in the marijuana industry and ensure equal opportunity for all Coloradans to participate in this market; and

(V) Providing technical and financial support to eligible entrepreneurs and small businesses will help ensure their endeavors get off the ground and succeed, which will benefit the state economy.

(b) Therefore, it is beneficial to create a program in the office of economic development to address these concerns and achieve these benefits.

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

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

(b) "Program" means the program established in subsection (3)(a) of this section.

(c) "Social equity licensee" has the same meaning as set forth in section 44-10-103 (68.5).

(3) Loans, grants, and technical assistance. (a) There is created within the office a program to support entrepreneurs in the marijuana industry. The office shall use the money specified in subsection (4) of this section for the following purposes, including any related administrative expenses:

(I) Loans to social equity licensees for seed capital and ongoing business expenses, which include but are not limited to rent, leases, local and state application and licensing fees, regulatory adherence, testing of marijuana, equipment, capital improvements, and training and retention of a qualified and diverse workforce;

(II) Grants to:

(A) Social equity licensees to support innovation and job creation; and

(B) Organizations that support marijuana businesses to be used to support innovation and job creation of social equity licensees;

(III) Technical assistance for marijuana business owners, which consists of assisting with business plan development, providing consulting services, and supporting existing public or private technical assistance programs. In providing the technical assistance, the office or a technical assistance program provider shall prioritize social equity licensees who have been awarded a loan or grant in accordance with subsection (3)(a)(I) or (3)(a)(II) of this section.

(b) (I) The office shall establish a process for social equity licensees and organizations to apply for a loan or grant under the program, including application deadlines, the information and documentation required to be submitted to the office to demonstrate eligibility for a loan or a grant, and any other requirements determined by the director to be necessary.

(II) The program may be administered directly by the office or one or more partner entities based on the office's determination. This authority includes contracting with an entity to make the grants or loans specified in subsection (3)(a) of this section, and in such case, the office may grant the money to or use other appropriate procurement mechanisms to provide the money to the entity to be used for the grants or loans.

(c) The office, in consultation with other relevant state agencies, industry experts, and other stakeholders, shall establish policies setting forth the parameters and eligibility for the program, including:

(I) The terms of and eligibility for a loan or grant, in addition to qualifying as a social equity licensee;

(II) Caps on the amount of loan or grant;

(III) Deadlines for applying for a loan or grant;

(IV) Grant requirements and loan repayment terms; and

(V) Any other policies necessary to operate the program.

(d) The office shall consult with the Colorado economic development commission created in section 24-46-102 about the administration of the program.

(4) Funding. (a) The marijuana entrepreneur fund is hereby created in the state treasury. The fund consists of money transferred or appropriated to the fund in accordance with subsection (4)(b) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the marijuana entrepreneur fund to the fund. Money in the fund is continuously appropriated to the office for the office to use for the program as set forth in this section.

(b) On March 21, 2021, the state treasurer shall transfer four million dollars from the marijuana tax cash fund created in section 39-28.8-501 (1) to the marijuana entrepreneur fund created in subsection (4)(a) of this section. For fiscal years commencing on or after July 1, 2022, the general assembly may appropriate money from the marijuana tax cash fund to the marijuana entrepreneur fund.

(5) Report. By July 1, 2022, and July 1, 2023, the office shall submit a report to the governor, the business, labor, and technology committee of the senate or its successor committee, and the business affairs and labor committee of the house of representatives or its successor committee detailing how the office is expending money under this section.
C.R.S. § 24-51-1505 — CO Code / Title 24 / Article 51 / Part 15 / Section 24-51-1505
24-51-1505. Contributions - vesting - definition
Status: in_force

24-51-1505. Contributions - vesting - definition. (1) Contribution rates by the employer and by members of the defined contribution plan established pursuant to this part 15 shall be the same as the rates that would be payable by the employer and the member pursuant to section 24-51-401. The individual's participant account shall receive the full member contribution amount in effect under section 24-51-401. The individual's participant account shall receive a portion of the employer contribution equal to the amount in table A in section 24-51-401 (1.7)(a). Any portion of the employer contribution above the amount in table A in 24-51-401 (1.7)(a) shall be paid to the employer's division trust fund.

(2) Consistent with section 24-51-401 (1.7)(b), (1.7)(c), and (1.7)(d), the employer shall deliver all contributions within five days after the date members are paid.

(3) Except as otherwise provided in subsection (4) of this section, members of the association's defined contribution plan shall be immediately and fully vested in their own contributions to the plan, together with accumulated investment gains or losses. Members shall be immediately vested in fifty percent of the employer's contribution to the defined contribution plan, together with accumulated investment gains or losses on that vested portion. For each full year of membership in the defined contribution plan, the vesting percentage shall increase by ten percent. The vesting percentage in the employer's contribution, with accumulated earnings or losses, shall be one hundred percent for all members with five or more years of membership in the defined contribution plan. If an individual becomes a member of the defined contribution plan without an existing account balance or after a twelve-month break in service, the individual shall begin a new vesting schedule with regard to future employer contributions in accordance with this subsection (3).

(4) A member of the association's defined contribution plan with an accrued balance in the plan who became a member of the plan pursuant to section 24-51-1501 (2) or 24-51-1503 (3), shall be fully vested in one hundred percent of the state's past and future contributions to the plan, together with accumulated investment gains or losses on that vested portion. If an individual becomes a member of the association's defined contribution plan without an existing account balance or after a twelve-month break in service, the individual shall begin a new vesting schedule with regard to vesting of future employer contributions in accordance with subsection (3) of this section.
C.R.S. § 24-75-402 — CO Code / Title 24 / Article 75 / Part 4 / Section 24-75-402
24-75-402. Cash funds - limit on uncommitted reserves - reduction in the amount of fees - e
Status: repealed

24-75-402. Cash funds - limit on uncommitted reserves - reduction in the amount of fees - exclusions - definitions. (1) The general assembly hereby finds that:

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

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

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

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

(e) In order to ensure compliance with the limitations on the amount of uncommitted reserves that may be maintained for any cash fund, the general assembly may require reductions in the amount of fees collected by state agencies, even though such reductions may result in some persons paying more than other persons to receive state agency services.

(2) For purposes of this section, unless the context otherwise requires:

(a) "Alternative maximum reserve" means a maximum reserve balance established in the constitution, by law, or through a joint budget committee waiver that is different from sixteen and one-half percent of the amount expended from a cash fund during the fiscal year. The term also includes a minimum reserve balance established in the constitution or by law that is greater than sixteen and one-half percent of the amount expended from a cash fund during the fiscal year and that, for purposes of this section, is treated as a maximum balance.

(b) "Cash fund" means any fund that is established by law for a specific program or purpose and that includes moneys from fees; except that "cash fund" excludes the state general fund created by section 24-75-201, any federal fund, and any fund used by a state institution of higher education.

(c) (I) "Entity" means any organ of the legislative, executive, or judicial branch of the government of the state of Colorado, including but not limited to:

(A) The departments of the executive branch;

(B) The legislative houses and agencies; and

(C) The appellate and trial courts and court personnel.

(D) Repealed.

(II) "Entity" does not include any enterprise, as defined in section 24-77-102 (3), any special purpose authority, or any state institution of higher education.

(d) "Excess uncommitted reserves" means the amount of uncommitted reserves for a cash fund that exceeds the maximum reserve or alternative maximum reserve for that cash fund.

(e) "Fees" means any moneys collected or received by an entity; except that "fees" does not include:

(I) Any moneys collected from sources excluded from state fiscal year spending, as defined in section 24-77-102 (17);

(II) Any moneys received through the imposition of penalties or fines or surcharges imposed on any person convicted of a crime;

(III) Any moneys appropriated or transferred from the state general fund;

(IV) Any moneys received through the imposition of taxes;

(V) Any moneys received from charges or assessments, the amount of which are established in law and over which the entity has no authority to change or are otherwise not determined by the entity;

(VI) Any moneys received from gifts or donations;

(VII) Any moneys received from local government grants or contracts;

(VIII) Any moneys received through direct transfers from another entity, an enterprise, or a special purpose authority;

(IX) Any moneys received as interest or other investment income.

(e.5) "Maximum reserve" means sixteen and five-tenths percent of the amount expended from a cash fund during the fiscal year.

(f) "Nonmonetary current asset" means an asset that either cannot be converted to cash or is held with the intent of being used rather than being converted to cash.

(g) Repealed.

(h) "Uncommitted reserves" means the fund balance of a cash fund as of June 30 of any fiscal year, minus the following:

(I) Any long-term assets credited to the cash fund, including a capital reserve identified in accordance with section 24-75-403;

(II) Any unencumbered fund balance previously appropriated for capital construction or other multiyear purposes;

(III) Any nonmonetary current assets credited to the cash fund, including but not limited to consumable inventory and prepaid expenses;

(IV) Any portion of the revenues credited to the cash fund that is estimated to be derived from non-fee sources.

(3) (a) and (b) Repealed.

(c) For the 2014-15 fiscal year and for each fiscal year thereafter, the uncommitted reserves of a cash fund at the conclusion of a given fiscal year shall not exceed the maximum reserve for that fiscal year; except that, for any cash fund for which an alternative maximum reserve is otherwise set by the joint budget committee in accordance with subsection (8) of this section or specified in the constitution or by law, the uncommitted reserves of the cash fund shall not exceed the alternative maximum reserve. If the amount of uncommitted reserves of any cash fund at the conclusion of any given fiscal year exceeds the applicable maximum reserve or alternative maximum reserve, each entity that collects one or more of the fees deposited in the cash fund shall by rule or as otherwise provided by law reduce the amount of one or more of the fees to an amount calculated to result in an amount of uncommitted reserves of the cash fund for the current fiscal year that does not exceed the corresponding maximum reserve or alternative maximum reserve.

(d) If more than one entity collects the fees that are deposited in a cash fund and the amount of said fees are required to be reduced pursuant to this subsection (3), the reduction in fees for each entity shall be proportional to the amount of fees contributed by each entity to the excess uncommitted reserves.

(e) In calculating the reduction in fees under this subsection (3), an entity may take into account increases in expenditures from the cash fund.

(4) (a) If an entity reduces the amount of a fee pursuant to subsection (3) of this section, the entity by rule or as otherwise provided by law may subsequently raise the amount of the fee so long as the projected amount of uncommitted reserves of the cash fund does not exceed the limitations specified in subsection (3) of this section. Any such fee increase by an entity in the executive branch, prior to promulgation or adoption, shall be subject to approval by the office of state planning and budgeting. The entity shall not increase the fee beyond any amount specified in statute for the fee.

(b) Any rule adopted by an entity in the executive branch that reduces the amount of a fee pursuant to subsection (3) of this section or increases the amount of a fee pursuant to this subsection (4) shall be subject to the requirements of the "State Administrative Procedure Act", article 4 of this title.

(5) Notwithstanding any provision of this section to the contrary, the following cash funds are excluded from the limitations specified in this section:

(a) Any cash fund for which revenues are derived solely from fees, the amounts of which are established by the federal government;

(b) Any cash fund for which revenues are derived solely from fees set by the Colorado supreme court in the exercise of its exclusive authority to regulate the practice of law;

(c) Any cash fund for which revenues are derived solely from fees set by an enterprise, as defined in section 24-77-102 (3), or a special purpose authority;

(d) Any cash fund that is established to fund capital construction;

(e) Any cash fund for which the reserve amounts are based on actuarial requirements;

(f) Any trust fund;

(g) Any cash fund with uncommitted reserves of less than two hundred thousand dollars;

(h) The highway users tax fund and the state highway fund; except that the emergency medical services account created in section 25-3.5-603, the Colorado state titling and registration account, as it existed before July 1, 2019, and the Colorado DRIVES vehicle services account created in section 42-1-211 (2), and the AIR account created in section 42-3-304 (18)(a) included in the highway users tax fund shall be subject to this section;

(i) The petroleum storage tank fund created in section 8-20.5-103, C.R.S.;

(j) and (k) Repealed.

(l) The brand inspection fund created in section 35-41-102, C.R.S.;

(m) to (o) Repealed.

(p) The workers' compensation cash fund created in section 8-44-112 (7);

(q) to (z) Repealed.

(aa) The emergency fire fund created in section 24-33.5-1220 (2), the wildland fire equipment repair cash fund created in section 24-33.5-1220 (3), the wildland fire cost recovery fund created in section 24-33.5-1220 (4), the wildfire emergency response fund created in section 24-33.5-1226 (1), the wildfire preparedness fund created in section 24-33.5-1227 (1), and the Colorado firefighting air corps fund created in section 24-33.5-1228 (3);

(bb) to (dd) Repealed.

(ee) The enterprise services cash fund created in section 24-80-209;

(ff) to (hh) Repealed.

(ii) The energy and carbon management cash fund created in section 34-60-122 (5);

(jj) Repealed.

(kk) The cybersecurity cash fund created in section 24-33.5-1906;

(ll) and (mm) Repealed.

(nn) The governor's mansion maintenance fund created in section 24-30-1303.8;

(oo) The justice center cash fund created in section 13-32-101 (7)(a);

(pp) The justice center maintenance fund created in section 13-32-101 (7)(d);

(qq) The small business recovery and resiliency fund created in section 24-48.5-608;

(rr) The emergency invasive-pest response fund created in section 35-1-106.4;

(ss) The community behavioral health disaster preparedness and response cash fund created in section 25-20.5-1303;

(tt) The community impact cash fund created in section 25-7-129 (1);

(uu) The 988 crisis hotline cash fund created in section 27-64-104;

(vv) The regional navigation campuses cash fund created in section 24-32-727;

(ww) The geothermal energy grant fund created in section 24-38.5-118 (7);

(xx) The commission on judicial discipline special cash fund created in section 13-5.3-105;

(yy) The disability support fund created in section 8-88-205 (1);

(zz) The responsible gaming grant program cash fund created in section 44-30-1702 (8);

(aaa) The agricultural products inspection cash fund created in section 35-23-114 (3);

(bbb) The wage theft enforcement fund created in section 8-4-113 (3)(a);

(ccc) The wildfire resiliency code board cash fund created in section 24-33.5-1236 (8);

(ddd) The closed landfill remediation grant program fund created in section 30-20-124 (8);

(eee) The educator licensure cash fund created in section 22-60.5-112 (1)(a);

(fff) The commercial historic preservation tax credit program cash fund created in section 39-22-514.5 (17);

(ggg) The workforce development tax credit program cash fund created in section 39-22-565 (14);

(hhh) The jail standards advisory committee cash fund created in section 30-10-530 (7);

(iii) The quantum business loan loss reserve cash fund created in section 39-22-568 (13);

(jjj) The employee ownership cash fund created in section 39-22-542.5 (8); and

(kkk) The community revitalization tax credit program cash fund created in section 39-22-569 (13).

(5.5) The exclusion from the limitations specified in this section for a cash fund under subsection (5) of this section applies for the last fiscal year prior to the repeal of the exclusion.

(6) Notwithstanding any provision of this section to the contrary, the limitations specified in this section shall not apply to any cash fund used to fund a single program if the program has been in existence less than two full fiscal years.

(7) The office of state planning and budgeting shall annually review the total amount of revenues credited to cash funds, including but not limited to the amounts received from fees and from other sources, and the report of uncommitted reserves prepared by the state controller pursuant to section 24-30-207 (3).

(7.5) Upon request by an entity with a program that has a multi-year revenue-collection cycle or revenue-contract period, the state controller may average the uncommitted reserves from the cash fund related to the program over the multi-year period. Notwithstanding any other provision of this section, the uncommitted reserves are equal to the averaged amount for purposes of this section.

(8) (a) Notwithstanding the maximum reserve limitation in paragraph (c) of subsection (3) of this section, for fiscal years beginning on or after July 1, 2015, the joint budget committee may grant a waiver of the maximum reserve for up to three years for an entity that demonstrates a specific purpose for which the entity needs to maintain uncommitted reserves in an amount greater than the maximum reserve. As part of the waiver, the joint budget committee may establish an alternative maximum reserve for the cash fund or exempt the cash fund altogether from any limits on uncommitted reserves. A specific purpose that may warrant a waiver pursuant to this subsection (8) includes, but is not limited to, purchase of a particular item of equipment or operation of a short-term program.

(b) To request a waiver in accordance with this subsection (8), an entity, during the annual budget-setting process, must present a plan to the joint budget committee that at a minimum specifies the specific purpose for which the entity needs the waiver, whether it would like a maximum alternative reserve or an exemption, the time period for the waiver, and the plan for reducing any excess uncommitted reserves that may remain on completion of the waiver period. The joint budget committee, in determining whether to approve a waiver pursuant to this subsection (8), shall consider the purpose for which the entity has requested the waiver, the reasonableness of the time period for the waiver, and the effect the waiver may have on the state's ability to comply with the limitations on state fiscal year spending imposed pursuant to section 20 of article X of the state constitution.

(c) The joint budget committee may grant any waiver requested in accordance with this subsection (8) that the committee deems appropriate. In a waiver, the committee shall specify the fund for which the waiver is granted, whether there is an alternative maximum reserve or an exemption, and the time period for the waiver.

(9) to (11) Repealed.

(12) If a cash fund has excess uncommitted reserves for three or more fiscal years in a row, the state controller shall restrict spending of any appropriation from the cash fund for the next fiscal year in an amount equal to the lesser of the excess uncommitted reserve or the applicable maximum reserve or alternative maximum reserve. The entity shall not expend any amount restricted pursuant to this subsection (12) unless the restriction is released. The restriction is released when the fund is in compliance with the maximum reserve or alternative maximum reserve requirement or when the joint budget committee approves a waiver for the excess uncommitted reserves in accordance with subsection (8) of this section.
C.R.S. § 24-37.5-101 — CO Code / Title 24 / Article 37.5 / Part 1 / Section 24-37.5-101
24-37.5-101. Legislative declaration - findings
Status: in_force

24-37.5-101. Legislative declaration - findings. (1) The general assembly hereby finds and declares that:

(a) Communication and information resources in the various agencies of state government are valuable strategic assets belonging to the people of Colorado that must be managed accordingly;

(a.5) It is imperative that the long-term sustainability and eventual retirement of information technology systems be considered when initiating a major information technology project and that project plans include the various components that will result in project success;

(b) Technological and theoretical advances in the area of communication and information use are recent in origin, immense in scope and complexity, and progressing rapidly;

(c) The nature of these advances presents Colorado with the opportunity to provide higher quality, more timely, and more cost-effective governmental services;

(d) Agencies independently acquire uncoordinated and duplicative information resource technologies that are more appropriately acquired as part of a coordinated effort for maximum cost effectiveness and use;

(e) The sharing of communication and information resource technologies among agencies is often the most cost-effective method of providing the highest quality and most timely governmental services that would otherwise be cost prohibitive;

(f) Considerations of both cost and the need for the transfer of information among the various agencies and branches of state government in the most timely and useful form possible require a uniform policy and coordinated system for the use and acquisition of communication and information resource technologies; and

(g) It is the policy of this state to coordinate and direct the use of communication and information resources technologies by state agencies and to provide as soon as possible the most cost-effective and useful retrieval and exchange of information both within and among the various state agencies and branches of government and from the state agencies and branches of government to the people of Colorado. To that end, the office of information technology is created.