C.R.S. § 24-38.5-109 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-109
24-38.5-109. Aggregation of efficiency or renewable energy projects in small or rural schools
Status: in_force

24-38.5-109. Aggregation of efficiency or renewable energy projects in small or rural schools and small or rural communities in order to attract private sector investment through performance contracting - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) Performance contracting is an important tool that has been utilized by the state for over fifteen years. The state has established powerful working relationships with private sector energy performance contracting professionals, known as energy service companies, to finance energy savings upgrades for state agencies, school districts, special districts, counties and municipalities, and even at the state capitol building.

(b) Some small or rural communities lack the opportunity for the benefits of performance contracting, so engaging such communities through education and existing resources is sound policy;

(c) Such small or rural communities often lack assets or building inventory to attract performance contracting capital;

(d) Since much of the infrastructure in small or rural communities is outdated, costly to maintain, and energy intensive, efficiency upgrades are needed for buildings, mechanical equipment, electrical systems, lighting, water, motor vehicle fleets, and community entity-owned fueling stations for such motor vehicle fleets;

(e) Regional identification of efficiency projects and renewable energy projects in small or rural communities is important;

(f) Aggregating efficiency projects or renewable energy projects in small or rural communities into a dynamic multidimensional portfolio of an acceptable size to attract private sector financing to such communities without creating an obligation of the state will open up the financial market for performance contracting in such communities, will engage the use of local contractors, and will create local jobs; and

(g) As a result of such aggregation, small or rural community leaders will be supported in their pursuit to make Colorado more energy efficient, equip such communities with much needed modernized infrastructure, and reduce life-cycle costs for taxpayer-supported entities.

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

(a) "Community entity" means a school district, special district, or county or municipality in a small or rural community in the state.

(b) "Diverse" means a range of efficiency projects and renewable energy projects based on geography, size, long-term and short-term payback periods, overall cost, and types of efficiency projects and renewable energy projects.

(c) "Efficiency projects" means one or more projects of a community entity that results in the more efficient use of energy or resources, such as:

(I) Installing equipment and related infrastructure that will help defray energy costs;

(II) Improving the energy efficiency of a building including but not limited to addressing lighting issues, improving mechanical systems and equipment, improving the building envelope, or improving operations management;

(III) Reducing water usage or consumption;

(IV) Re-engineering or improving water or wastewater treatment facilities; or

(V) Improving the energy usage of motor vehicle fleets or community entity-owned fueling stations for such motor vehicle fleets, including but not limited to increasing the use of alternative fuel vehicles in such motor vehicle fleets.

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

(e) "Performance contract" means a contract similar to the contracts described in section 24-30-2001 or 24-38.5-106; except that a performance contract allowed pursuant to this section may not create a financial obligation to the state.

(f) "Renewable energy projects" means one or more projects of a community entity to install equipment and related infrastructure for renewable energy generation, including, but not limited to geothermal, hydroelectric, wind, solar, or biomass energy.

(3) In an effort to simplify the process for small and rural communities, the office shall consult with the energy service companies on its list of prequalified energy service companies and have a list available of those prequalified energy service companies that are interested and prepared to work in each region where the department of local affairs maintains a regional office and field staff.

(4) (a) Without creating a financial obligation to the state, the office may, within existing resources, work together with its prequalified energy service companies to ascertain efficiency projects or renewable energy projects that can be aggregated to create a larger portfolio of diverse efficiency projects or renewable energy projects with costs totaling an amount that in a favorable financial market will attract the investment of private sector banks or investors through performance contracts. In the event such a larger portfolio of diverse efficiency projects or renewable energy projects is established pursuant to this subsection (4) and financed, the financing documents must include a cost of issuance fee payable to the department of local affairs of a percentage of the issuance, not to exceed one percent, that must be credited to the efficient schools and communities performance contracting fund.

(b) Once there is sufficient money in the efficient schools and communities performance contracting fund from the cost of issuance fee described in paragraph (a) of this subsection (4), in the event a community entity's efficiency project or renewable energy project is not financed, the department of local affairs shall consult with the office in cooperation with the prequalified energy service companies determined to work within that community entity's region as described in subsection (3) of this section to review the community entity's need and, if approved, award a grant to such community entity for a reimbursement of a portion of the technical energy audit completed by the community entity from the cost of issuance fees credited to the fund pursuant to paragraph (a) of this subsection (4). A prequalified energy service company may also seek and the department of local affairs, in consultation with the office, may award a grant from the cost of issuance fees credited to the fund for a portion of the energy service company's costs if an efficiency project or renewable energy project is not financed. All grants awarded by the department of local affairs pursuant to this paragraph (b) must be prioritized by need and may not exceed the available cost of issuance fees.

(5) The office shall provide facilitation and technical support for community entities that have been aggregated as described in paragraph (a) of subsection (4) of this section and shall create and provide standardized documents to support local performance contracts.

(6) The office may consult with nonprofit organizations and the department of local affairs to provide education and outreach to community entities regarding the advantages of performance contracting for purposes of completing efficiency projects or renewable energy projects in such community entities.

(7) There is hereby created in the state treasury the efficient schools and communities performance contracting fund, referred to in this section as the "fund", consisting of the cost of issuance fees credited to the department of local affairs pursuant to paragraph (a) of subsection (4) of this section. The moneys in the fund are continuously appropriated by the general assembly to the department of local affairs for awarding grants as specified in paragraph (b) of subsection (4) of this section. In the event the department of local affairs cannot implement the grant program within existing resources, then the department of local affairs may expend up to five percent annually of the moneys in the fund to offset the costs incurred in implementing the grant program. The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.
C.R.S. § 24-51-321 — CO Code / Title 24 / Article 51 / Part 3 / Section 24-51-321
24-51-321. No state liability - political subdivision pension plans
Status: in_force

24-51-321. No state liability - political subdivision pension plans. The state shall not be held liable for any deficit that occurs in any defined benefit or defined contribution plan or system of any political subdivision within the state of Colorado or any public agency created by such a political subdivision which is an employer which has terminated affiliation with the association.
C.R.S. § 24-48.5-607 — CO Code / Title 24 / Article 48.5 / Part 6 / Section 24-48.5-607
24-48.5-607. Use of small business recovery tax credits - carry over
Status: in_force

24-48.5-607. Use of small business recovery tax credits - carry over. (1) For a tax credit certificate issued in fiscal year 2020-21:

(a) The qualified taxpayer may claim up to fifty percent of the credit against premium tax liability incurred for a taxable year that begins on or after January 1, 2025; except that a taxpayer may not reduce its estimated tax payments in proportion to such credit prior to July 1, 2025; and

(b) The qualified taxpayer may claim the remaining amount of the credit against premium tax liability incurred for a taxable year that begins on or after January 1, 2026; except that a taxpayer may not reduce its estimated tax payments in proportion to such credit prior to July 1, 2026.

(2) For a tax credit certificate issued in fiscal year 2021-22 or fiscal year 2022-23:

(a) The qualified taxpayer may claim up to fifty percent of the credit against premium tax liability incurred for a taxable year that begins on or after January 1, 2023; except that a taxpayer may not reduce its estimated tax payments in proportion to such credit prior to July 1, 2023; and

(b) The qualified taxpayer may claim the remaining amount of the credit against premium tax liability incurred for a taxable year that begins on or after January 1, 2024; except that a taxpayer may not reduce the taxpayer's estimated tax payments in proportion to such credit prior to July 1, 2024.

(3) (a) The total credit to be applied by a qualified taxpayer in any one year must not exceed the premium tax liability of the qualified taxpayer for the taxable year. If the qualified taxpayer cannot use the entire amount of the tax credit for the taxable year in which the taxpayer is eligible for the credit, the excess may be carried over to succeeding taxable years and used as a credit against the premium tax liability of the taxpayer for those taxable years; except that:

(I) For a credit issued in fiscal year 2020-21, the credit may not be carried over to any taxable year that begins after December 31, 2031; and

(II) For a credit issued in fiscal year 2021-22 or 2022-23, the credit may not be carried over to any taxable year that begins after December 31, 2029.

(b) Any amount of the credit that is not timely claimed expires and is not refundable.

(4) A qualified taxpayer claiming a credit under this part 6 shall submit the tax credit certificate with its tax return.

(5) A qualified taxpayer claiming a tax credit under this part 6 will not be required to pay any additional or retaliatory tax as a result of claiming the credit.

(6) If a qualified taxpayer holding an unclaimed tax credit is part of a merger, acquisition, or line of business divestiture transaction, the tax credit may be transferred to and assumed by the resulting entity if the resulting entity is an insurance company authorized to do business in Colorado that has premium tax liability. The qualified taxpayer that originally purchased the credit and the resulting entity shall notify the department in writing of the transfer or assumption of the credit in accordance with procedures adopted by the department. The department shall provide a copy of the notice to the division of insurance in the department of regulatory agencies and shall maintain a record of the transfer or assumption of the tax credit. The transfer or assumption of the tax credit does not affect the time schedule for claiming the tax credit as provided in this section.
C.R.S. § 24-46-301 — CO Code / Title 24 / Article 46 / Part 3 / Section 24-46-301
24-46-301. Short title
Status: in_force

24-46-301. Short title. This part 3 shall be known and may be cited as the "Colorado Regional Tourism Act".
C.R.S. § 24-50-112.5 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-112.5
24-50-112.5. Selection system - definitions - rules - report - repeal
Status: repealed

24-50-112.5. Selection system - definitions - rules - report - repeal. (1) (a) The state personnel director shall establish procedures and directives necessary to implement a merit-based statewide selection system to be used uniformly by all principal departments. Such procedures and directives shall include, but are not limited to, procedures for acceptance of applications, job qualification standards for candidates, extension of eligible lists, consistent evaluation and examination procedures for equivalent job classifications, and development and administration standards for the comparative analysis process.

(b) (I) Appointments and promotions to positions shall be based on a fair and open comparative analysis of candidates based on objective criteria. Selections shall be made without regard to race, color, creed, religion, national origin, ancestry, age, sexual orientation, gender identity, gender expression, marital status, or political affiliation and without regard to sex or disability except as otherwise provided by law or subsection (8) of this section.

(II) As used in this subsection (1)(b):

(A) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(B) "Race" includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race.

(2) Employment lists. (a) Employment lists shall be used in the following order of priority: Departmental reemployment lists, promotional eligible lists, and eligible lists. Where there is no departmental reemployment list, an appointing authority may consider another department's reemployment list, together with eligible lists. Departmental reemployment lists shall contain the names of certified employees in a given department laid off for lack of work, lack of funds, or reorganization.

(b) Candidates shall be placed on an eligible list and ranked based on the comparative analysis. Qualified candidates shall receive veterans' preference as prescribed by section 15 of article XII of the state constitution and subsection (7) of this section. The person to be appointed to any position under the state personnel system shall be one of the six persons ranking highest on the eligible list or such lesser number as qualify.

(3) Comparative analysis of candidates. (a) Each appointing authority shall develop the comparative analysis of candidates based on objective criteria to be used by the appointing authority. A comparative analysis must be a professionally accepted standard that compares specific job-related knowledge, skills, abilities, behaviors, and other competencies. A comparative analysis may include, but is not limited to, a written examination, oral board, or search committee. Only qualified applicants shall be included in a comparative analysis process. Applicants shall not be rejected solely because they do not have the education required, except where education is a prerequisite for a profession or is required by law. Where education is not a prerequisite or is not required by law, an applicant's experience shall be considered.

(b) Promotional comparative analysis shall be limited to qualified employees, including persons on reemployment lists. Performance evaluations may be utilized as part of a promotional comparative analysis plan.

(4) Appeals. (a) Any person directly affected by the selection and comparative analysis process action may file a written appeal with the state personnel director. The appeal must be filed within ten days after the administration of the comparative analysis. The director or a designee of the director shall review the appeal in summary fashion on the basis of written material submitted in connection with such appeal, which may be supplemented by oral argument at the discretion of the director or designee.

(b) The state personnel director may convene an advisory panel of qualified human resource selection professionals, with one member selected by the aggrieved person, to assist the director in making a decision. Except as otherwise provided in paragraph (d) of this subsection (4), the director shall issue a written decision within ninety days after receipt of a timely appeal. The selection and comparative analysis process action may be overturned only if the director finds the action to have been arbitrary, capricious, or contrary to rule or law. If the director fails to issue a decision within said ninety-day period, the original comparative analysis and outcome shall be final. A written decision on any appeal filed pursuant to this subsection (4) or the outcome of an appeal resulting from the failure to issue such a decision shall be subject to judicial review pursuant to section 24-4-106, unless the matter is appealed to the state personnel board pursuant to paragraph (e) of this subsection (4).

(c) The state personnel director shall establish a process for timely resolving appeals within the ninety-day period and criteria for advisory panel selection and service. The process for resolving appeals shall specify that if an employee who has filed an appeal with the state personnel director also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, and if the appeal is filed before the expiration of the ninety-day period and before the director has issued a written decision, the ninety-day period shall be tolled until there is a final agency action by the board. The board shall establish rules for certification of a person to a position when an appeal is pending relative to the selection and comparative analysis process for that position.

(d) When an employee who has filed an appeal with the state personnel director pursuant to this subsection (4) also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, the ninety-day period specified in paragraph (b) of this subsection (4) shall be tolled until there is a final agency action by the board only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, is filed before the expiration of the ninety-day period, and is filed before the director has issued a written decision.

(e) After the state personnel director's final decision pursuant to this subsection (4), any person directly affected by the comparative analysis process may file a written appeal with the state personnel board. The petition must be filed within ten days after the state personnel director's final decision has been received by the affected person. The board may grant the petition only when it appears that the decision of the appointing authority violates the comparative analysis standards set forth in this section, in any other provision of law, or in any rules or procedures relating to the comparative analysis process. The board shall review and summarily grant or deny a petition within one hundred twenty days of receipt of the petition. Any petition granted shall be determined in accordance with section 24-50-125.4.

(5) Appointments. (a) Only a qualified candidate shall be appointed to a position in the state personnel system. A qualified employee may transfer between positions in the same class or to a different class at the same pay grade. The gaining organization shall assume all liability for the employee's base salary, credited leave accruals, and other applicable personnel system benefits.

(b) The board shall establish probationary periods for all persons who are initially appointed or promoted into a different position or who are in a position reallocated to a higher pay grade. The probationary period shall not exceed twelve months for any class or position. The person shall be certified to such class or position after satisfactory completion of any probationary period as demonstrated by performance evaluations. Unsatisfactory performance shall be grounds for dismissal of the person by the appointing authority during such probationary period without right of appeal. Any certified employee who is promoted to a different class or position and who fails to perform satisfactorily during the probationary period shall be reverted to a position in the former certified class or be disciplined.

(6) State auditor's employees. The state personnel director may, following consultation with the state auditor and consistent with the principles of separation of powers, establish special procedures governing appointment and promotion of employees of the state auditor's office. The procedures shall address the special situations, circumstances, and duties unique to employees of the state auditor's office. All procedures shall be consistent with sections 13, 14, and 15 of article XII of the state constitution.

(7) Veterans' preference for spouse. (a) If a candidate is the spouse of a disabled veteran who is unable to work, and who can provide proof of such disability pursuant to paragraph (b) of this subsection (7), and who is eligible for preference in hiring pursuant to section 15 of article XII of the state constitution, the candidate is eligible for preference in hiring as follows:

(I) If a numerical method is used for the comparative analysis of candidates, five points shall be added to the comparative analysis score of the candidate.

(II) If a nonnumerical method is used for the comparative analysis of candidates, the candidate shall be added to the interview eligible list.

(b) To be eligible for preference pursuant to this subsection (7), a candidate who is the spouse of a disabled veteran must provide a letter, obtained by the disabled veteran from the United States department of veterans affairs, certifying that the veteran is a disabled veteran and is unable to work due to the nature of his or her disability as determined by the United States department of veterans affairs. For purposes of this subsection (7), the certification letter is valid for twelve months following the date of issuance by the United States department of veterans affairs. In addition, the candidate must provide proof that he or she is the legally recognized spouse of the veteran who obtained the letter pursuant to this paragraph (b).

(c) A candidate is not eligible for preference pursuant to this subsection (7) with respect to a promotional opportunity. Any promotional opportunity that is also open to persons other than employees for whom such appointment would be a promotion shall be considered a promotional opportunity for the purposes of this paragraph (c).

(8) Hiring preference pilot program for persons with disabilities. (a) (I) The executive director of the department of labor and employment, in collaboration with the state personnel director, shall develop and implement a hiring preference pilot program for persons with disabilities applying for a position in the department.

(II) When the department uses a nonnumerical method under the pilot program for the comparative analysis of candidates for a position in the department, the department shall add all applicants who are eligible for the preference for people with disabilities and who meet all minimum and special qualifications under this subsection (8) to the referral list for interview.

(III) When the department uses a numerical method under the pilot program for the comparative analysis of candidates for a position in the department, the department shall add five points to the final score of the applicant when all elements of the selection process are completed, but prior to referral of an applicant for interview for the position.

(IV) An applicant is eligible for a preference under this subsection (8) if the candidate:

(A) Meets the minimum qualifications or any other requirements for the position;

(B) Is a person with a disability, as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, who has voluntarily identified as a person with a disability on the application for the position and who has requested to participate in the pilot program; and

(C) Submits proof of a disability in a form and manner specified under the pilot program.

(V) An applicant may be given both the veteran's preference and a disability preference, but an applicant is not eligible for both a disabled veteran's preference and a disability preference.

(b) The pilot program is not available to a candidate seeking a promotion or to a person currently employed by the state.

(c) When the pilot program is developed under this subsection (8):

(I) The state personnel director shall adopt or amend rules as necessary to enable the implementation of the pilot program;

(II) The department shall implement the pilot program no later than January 1, 2023;

(III) The state personnel director may allow other principal departments to implement the pilot program for appointments to positions within those departments; and

(IV) The pilot program may not be used by any principal department after December 31, 2027.

(d) By November 1, 2027, any principal department that participates in the pilot program shall submit a report to the state personnel director. The state personnel director shall compile all reports and submit one final report to the house business affairs and labor committee and the senate business, labor, and technology committee, or any successor committees. The report must include at least the following information:

(I) The period when the pilot program was used by the department;

(II) The number of applicants for appointments within the department that opted to participate in the pilot program;

(III) The number of persons with disabilities who were appointed to positions within the department; and

(IV) Any other determining factors of data that may affect the implementation of a permanent program.

(e) As used in this subsection (8):

(I) "Department" means the department of labor and employment.

(II) "Pilot program" means the hiring preference pilot program, created in this subsection (8), for people with disabilities.

(f) This subsection (8) is repealed, effective December 31, 2027.
C.R.S. § 24-90-105 — CO Code / Title 24 / Article 90 / Part 1 / Section 24-90-105
24-90-105. Powers and duties of state librarian
Status: in_force

24-90-105. Powers and duties of state librarian. (1) The state librarian has the following powers and duties with respect to the state library:

(a) (I) To make reasonable rules and regulations for the administration of the provisions of this part 1 and parts 2, 3, 4, and 5 of this article; for the use of state library materials; and for the purchase, control, and use of books and other resources;

(II) Rules promulgated under this part 1 are subject to section 24-4-103.

(b) To appoint all professional and clerical help in the state library, subject to the provisions of section 13 of article XII of the state constitution;

(c) To furnish or contract for the furnishing of library or information services to state officials and departments;

(d) To furnish or contract for the furnishing of library service to institutional libraries, and to make reasonable rules for the establishment, maintenance, and operation of institutional libraries; except that any such rules shall not conflict with any rules promulgated by the department of corrections;

(e) To furnish or contract for the furnishing of library services to persons who are blind and physically disabled, including persons who cannot use printed materials in their conventional format;

(f) To contract for the furnishing of library resources to ensure equal access to information for all Coloradans;

(g) To coordinate programs and activities of the regional library service systems, as provided by the rules of the regional library service system created in section 24-90-115;

(h) To provide for the collection, analysis, publication, and distribution of statistics and information relevant to the state library and to public, school, academic, and institutional libraries. Publications circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.

(i) To conduct or contract for research projects necessary to plan and evaluate the effectiveness of library programs in the state;

(j) To contract for the lending of books and other resources to publicly supported libraries and institutions, including, without limitation, the Colorado resource center at the Denver public library and any other resource centers as may be designated;

(k) To report to the state board of education at such times and on such matters as the board may require;

(l) To accept gifts and bequests of money or property, and, subject to the terms of any gift or bequest and to applicable provisions of law, to hold in trust, invest, or sell any gift or bequest of money or property, and to use either the principal or interest or the proceeds of sale for programs or purposes specified in the gift or bequest as approved by the state board of education. The use of gifts and bequests shall be subject to audit by the state auditor or the state auditor's designee. The principal of any gift or bequest and the interest received thereon from investment shall be available for use by the state library in addition to any funds appropriated by the general assembly. The acceptance of any gift or bequest under this subsection (1)(l) shall not commit the state to any expenditure of state funds.

(m) To serve as the repository of the bylaws and the legal service area maps of all library districts within the state.

(2) The state librarian has the following powers and duties with respect to other publicly supported libraries in the state:

(a) To further library development and to provide for the supplying of consultative assistance and information to all types of publicly supported libraries in the state through field visits, conferences, institutes, correspondence, statistical information, publications, and electronic media; and to do any and all things that may reasonably be expected to promote and advance library services;

(a.3) To develop and promulgate service standards for school, public, and institutional libraries to guide the development and improvement of such libraries; except that any such standards shall not conflict with any standards promulgated by the department of corrections;

(a.5) To encourage contractual and cooperative relations to enhance resource sharing among all types of libraries and agencies throughout the state;

(b) To serve as the agency of the state to receive and administer state or federal funds that may be appropriated to further library development within the state upon approval of the state librarian; except that this paragraph (b) shall not preclude other governmental units, including, but not limited to, municipalities, counties, a city and county, and library districts, from applying for, receiving, or administering such state or federal funds;

(c) To develop regulations under which state grants are distributed for assisting in the establishment, improvement, or enlargement of libraries or regional library service systems and to develop all necessary procedures to comply with federal regulations under which such grants are distributed for assisting in the establishment, improvement, or enlargement of libraries;

(d) (Deleted by amendment, L. 2003, p. 2445, § 5, effective August 15, 2003.)

(e) To cooperate with local legislative bodies, library boards, library advisory committees, appropriate professional associations, and other groups in the development and improvement of libraries throughout the state;

(f) To carry out the functions and responsibilities of the Colorado virtual library network pursuant to part 3 of this article.

(g) To work with public libraries throughout the state to facilitate access to evidence-based training in the science of reading, as defined in section 24-90-121, for librarians and assist in identifying materials and activities for parents and children to improve literacy, as described in section 24-90-121.
C.R.S. § 24-37.5-114 — CO Code / Title 24 / Article 37.5 / Part 1 / Section 24-37.5-114
24-37.5-114. Colorado financial reporting system modernization project - reporting
Status: repealed

24-37.5-114. Colorado financial reporting system modernization project - reporting. (Repealed)
C.R.S. § 24-51-614 — CO Code / Title 24 / Article 51 / Part 6 / Section 24-51-614
24-51-614. Employee retirement benefit study
Status: in_force

24-51-614. Employee retirement benefit study. (1) (a) The state auditor, with the concurrence of the association, shall retain a nationally recognized and enrolled actuarial firm with experience in public sector pension plans to conduct the study described in subsection (2) of this section. The state auditor shall administer a competitive source selection process pursuant to the "Procurement Code", articles 101 to 112 of this title 24, to solicit independent third-party firms with the necessary credentials to bid for performance of the study. The state auditor shall select a firm that has a history of unbiased, peer-reviewed results and shall not select a firm that has a known conflict of interest that may interfere with its ability to produce an objective report. A firm that responds to the solicitation shall disclose any association that it had or currently has with a biased group. If, following good faith efforts, the state auditor and the association do not concur regarding the selection of the firm by October 1, 2024, the state auditor shall retain the firm preferred by the state auditor. The state auditor shall enter into a contract with the selected firm by October 31, 2024.

(b) The state auditor and the association shall confer with the office of state planning and budgeting to determine the scope of the study required by subsection (2) of this section.

(2) (a) The firm selected pursuant to subsection (1) of this section to perform the study required by this subsection (2) shall perform a comprehensive study comparing the cost and effectiveness of the current hybrid defined benefit plan design established in this article 51 to alternative plan designs in the public and private sector. The study must include the following:

(I) A comparison of the benefits, cost, and portability of benefits provided by the association in its current plan design with the benefits, cost, and portability of benefits provided by alternative plan designs;

(II) A comparison of the current plan design to other statewide plans, private sector retirement plans, and any other appropriate plans as determined by the association and the office of the state auditor;

(III) An analysis of the cost to employees and employers that would be incurred by transitioning from the current plan design administered by the association to alternative plan designs;

(IV) The impact that a change from the current plan design to alternative plan designs would have on expected retirement benefits for current and future retirees of the association;

(V) The incremental impacts that a change from the current plan design to alternative plan designs would have on the association's ability to fully amortize the unfunded actuarial accrued liability of each division of the association; and

(VI) The impact that a change from the current plan design to alternative plan designs would have on employers, members, and taxpayers relative to the plan design currently specified in law.

(b) The firm selected pursuant to subsection (1) of this section shall include in the study conducted pursuant to subsection (2)(a) of this section an analysis of the following aspects of the defined benefit plan and the defined contribution plan established by this article 51 and administered by the association:

(I) A determination of the ways in which members with different job classifications and varying salaries benefit differently from the defined benefit plan versus the defined contribution plan;

(II) A determination of whether the defined benefit plan or the defined contribution plan is more advantageous for state employees and retirees; and

(III) A determination of the extent to which the defined benefit plan, as opposed to the defined contribution plan, entices individuals to work for state government instead of working in the private sector or for another governmental entity.

(c) On or before August 15, 2025, the association and the office of the state auditor shall deliver a report detailing the findings of the study conducted pursuant to this subsection (2) to the office of the governor, the joint budget committee, the legislative audit committee, and the finance committees of the senate and the house of representatives, or any successor committees.

(3) For purposes of the study required by subsection (2) of this section, the association shall provide access to anonymized member information and data under a confidentiality agreement with the retained actuarial firm.

(4) The state auditor shall notify the joint budget committee of the general assembly if the state auditor determines that the amount appropriated by the general assembly for the purpose of the study required by subsection (2) of this section is insufficient to procure a vendor to complete the scope of the work required.
C.R.S. § 24-4.2-103 — CO Code / Title 24 / Article 4.2 / Section 24-4.2-103
24-4.2-103. Victims and witnesses assistance and law enforcement fund - control of fund
Status: repealed

24-4.2-103. Victims and witnesses assistance and law enforcement fund - control of fund. (1) The victims and witnesses assistance and law enforcement fund is hereby established in the office of the court administrator of each judicial district and is referred to in this article as the "fund". The fund shall consist of all moneys paid as a surcharge as provided in section 24-4.2-104.

(1.3) The victims and witnesses assistance and law enforcement fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The judicial department shall coordinate with the board of the eighteenth judicial district to credit money related to Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district from surcharges collected on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties. Money for use by the twenty-third judicial district victims and witnesses assistance and law enforcement board must be forwarded to the court administrator and deposited into the fund. The fund consists of all money collected as a surcharge on and after April 1, 2024, as provided in section 24-4.2-104; money paid pursuant to section 17-27-104 (4)(b)(IV); money transferred from the marijuana tax fund pursuant to section 39-28.8-501 (4.9)(c); and any other money the general assembly may appropriate or transfer to the fund. The state court administrator for the twenty-third judicial district shall comply with the provisions of this section.

(1.5) In addition to the money paid into the fund pursuant to subsection (1) of this section, the fund consists of money paid pursuant to section 17-27-104 (4)(b)(IV), money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(c), and any other money that the general assembly may appropriate or transfer to the fund.

(1.7) (a) In addition to the money paid into the fund pursuant to subsections (1) and (1.5) of this section, the fund consists of money appropriated by the general assembly from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the office of the court administrator for distribution to the district attorney's office of each judicial district to be used for victims and witness assistance and law enforcement programs and purposes described in sections 24-4.2-103 and 24-4.2-105.

(b) Money appropriated pursuant to this subsection (1.7) from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, must only fund programs and purposes that also conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money appropriated pursuant to this subsection (1.7) based on need.

(c) Notwithstanding the provisions of subsection (4) of this section, the district attorney's office of each judicial district may use up to ten percent of any money appropriated pursuant to this subsection (1.7) for development and administrative costs incurred by the district attorney's office pursuant to this section in the provision of programs and services allowed pursuant to the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(d) The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.7).

(1.8) (a) Within three days after May 19, 2022, the state treasurer shall transfer three million dollars to the fund from the economic recovery and relief cash fund created in section 24-75-228 for distribution to district attorneys' offices for victims and witnesses programs and purposes described in sections 24-4.2-103 and 24-4.2-105. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money transferred pursuant to this subsection (1.8) based on need.

(b) The judicial department and each recipient of money from the fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(c) Notwithstanding the provisions of subsection (4) of this section, a district attorney's office may use up to ten percent of any money distributed pursuant to this subsection (1.8) for development and administrative costs incurred by the district attorney's office pursuant to this section.

(d) The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.8).

(2) All money deposited in the fund shall be deposited in an interest-bearing account, which would be a legal investment for the state treasurer. All interest and income derived from the deposit and investment of money in the fund shall be credited to the fund, except as otherwise provided in section 24-75-226 (4)(c)(II).

(3) At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for allocation as originally designated under section 24-4.2-105.

(4) All moneys deposited in the fund shall be used solely for the purposes designated in section 24-4.2-105; except that the district attorney may use up to an aggregate of ten percent of the total amount of moneys in the fund for administrative costs incurred pursuant to this article and for preparation of victim impact statements required pursuant to section 16-11-102 (1), C.R.S. The board shall determine the manner of reimbursement for preparation of victim impact statements and the method of establishing actual costs for such preparation.

(5) The priority use for moneys in the fund created in this section shall be for the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of the services and programs delineated in sections 24-4.1-303, 24-4.1-304, and 24-4.2-105 (4) related to all crimes as defined by section 24-4.1-302 (1).

(6) Repealed.
C.R.S. § 24-54.3-104 — CO Code / Title 24 / Article 54.3 / Section 24-54.3-104
24-54.3-104. Colorado secure savings program - development
Status: repealed

24-54.3-104. Colorado secure savings program - development. (1) (a) The board shall develop an automatic enrollment payroll deduction IRA, to be known as the Colorado secure savings program. The program will not be a defined benefit plan and the board shall adhere to the criteria specified in subsections (1)(b) to (1)(g) of this section in developing the program.

(b) The state does not have a duty or liability to any party for the payment of any retirement savings benefits accrued by any individual under the Colorado secure savings program. Any financial liability for the payment of retirement savings benefits in excess of money available under the program is borne solely by the entities to whom the board contracts to provide insurance to protect the value of the program.

(c) No state board, commission, agency, or any officer or employee thereof is liable for any loss or deficiency resulting from particular investments selected under this article 54.3.

(d) Participating employers do not have any liability for an employee's decision to participate in, or opt out of, the Colorado secure savings program or for the investment decisions of the board or of any enrollee.

(e) A participating employer is not a fiduciary, or considered to be a fiduciary, over the Colorado secure savings program. A participating employer does not bear responsibility for the administration, investment, or investment performance of the program. Employers are not liable for any errors or omissions on disclosure forms, the website, or information provided by the state. A participating employer is not liable with regard to investment returns, program design, and benefits paid to program enrollees.

(f) Money deposited by enrollees in the Colorado secure savings program is not property of the state, and the plan is not a department, institution, or agency of the state. Amounts on deposit in the program shall not be commingled with state money and the state shall not have a claim to or against, or interest in, such money.

(g) The board is responsible for designing and disseminating to all employers an employer implementation packet and an employee information packet, which includes background information on the Colorado secure savings program and appropriate disclosures for employees. The employee information packet shall also include information on the mechanics of making contributions to the program and how to opt out of the program.

(2) The board shall design the Colorado secure savings program to promote greater retirement savings for private sector employees in a convenient, low-cost, and portable manner and the program shall:

(a) Automatically enroll private sector employees who work for employers;

(b) Automatically enroll employees with a contribution level of five percent of their wages. Employees may opt not to participate in the Colorado secure savings plan or may select a different level of contribution.

(c) Pool investment money, invest money in the Colorado secure savings program to achieve cost savings through efficiencies and economies of scale, and make or enter into contracts with up to three investment managers, private financial institutions, and other service providers to invest money and administer the program. If fewer than three entities bid to be investment managers or meet the qualifications to be an investment manager as determined by the board, the program may proceed with fewer than three investment managers.

(d) Provide the following investment options:

(I) A low-risk investment portfolio;

(II) Target date funds; and

(III) Other investment funds as determined by the board;

(e) Minimize total annual fees associated with the Colorado secure savings program. For the first five years of operation of the program, total annual fees associated with the program shall not exceed one percent of the total value of the program's assets. In the sixth year of the operation of the program and in each year thereafter, the total annual fees associated with the program shall not exceed three-quarters of one percent of the total value of the program's assets.

(f) Repealed.

(g) Ensure the portability of benefits and consider the type of IRA offered as a way of increasing the portability of benefits;

(h) Ensure that employers in all of Colorado's industries are covered by the Colorado secure savings program and that employees in all of Colorado's industries can participate in the program;

(i) Provide for the investment and deaccumulation of enrollee assets in a manner that maximizes financial security in retirement;

(j) Repealed.

(k) Allow employers who are not covered by the Colorado secure savings program to voluntarily participate in the program; and

(l) Allow individuals who are not considered employees under the Colorado secure savings program but who meet the qualifications to open an IRA to voluntarily participate in the program.

(3) to (5) Repealed.

(6) Employers are required to comply with the requirements of the program developed pursuant to this article 54.3.
C.R.S. § 24-50-201 — CO Code / Title 24 / Article 50 / Part 2 / Section 24-50-201
24-50-201. Legislative declaration
Status: in_force

24-50-201. Legislative declaration. It is declared to be the policy of this state to encourage able and qualified persons to enter the state personnel system with a view toward acquiring the experience and in-service training and demonstrating the increased capabilities and responsibility necessary for progressive advancement. The policy of this state is to hold out to employees, subject to the provisions of the state constitution and to the rules and procedures of the state personnel system, the hope and expectation of being able to earn promotions in accordance with their individual capabilities and performance, and thereby the state seeks to encourage its more able employees to make their careers in government service.
C.R.S. § 24-30-1801.5 — CO Code / Title 24 / Article 30 / Part 18 / Section 24-30-1801.5
24-30-1801.5. Definitions
Status: in_force

24-30-1801.5. Definitions. (Deleted by amendment)
C.R.S. § 24-33.5-1237 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1237
24-33.5-1237. Application of wildfire resiliency codes - enforcement - definitions
Status: in_force

24-33.5-1237. Application of wildfire resiliency codes - enforcement - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Board" means the wildfire resiliency code board created in section 24-33.5-1236 (2).

(b) "Codes" means the minimum codes and standards adopted by the board pursuant to section 24-33.5-1236 (4)(b)(II).

(c) "Code board cash fund" means the wildfire resiliency code board cash fund created in section 24-33.5-1236 (8).

(d) "Governing body" means:

(I) The city council, town council, board of trustees, or other governing body of a city, town, or city and county;

(II) The board of directors of a fire protection district organized pursuant to part 1 of article 1 of title 32;

(III) The governing body of an improvement district that provides fire protection services organized pursuant to part 5 of article 20 of title 30; or

(IV) The board of county commissioners with respect to the area within a county that is outside the corporate limits of a city or town and outside the boundaries of a fire protection district.

(e) "Wildland-urban interface" has the same meaning as set forth by the board in its rules pursuant to section 24-33.5-1236 (4)(b)(I).

(2) (a) A governing body with jurisdiction in an area within the wildland-urban interface that has the authority to adopt building codes or fire codes shall adopt a code that meets or exceeds the minimum standards set forth in the codes within three months of the board adopting the codes in accordance with section 24-33.5-1236 (4)(b)(II)(D).

(b) Enforcement of a code adopted pursuant to subsection (2)(a) of this section shall be in accordance with the rules and regulations for code enforcement by the governing body. The period to comply with an adopted code shall be in accordance with the rules and regulations of the governing body or within three months of the date the code is adopted by the governing body, whichever is sooner.

(c) The board may review a governing body's codes adopted pursuant to subsection (2)(a) of this section and a governing body's application of the adopted codes to determine compliance with the requirements of this section. Governing bodies shall cooperate with the board and be responsive to any requests for information from the board made pursuant to the board's review set forth in this subsection (2)(c).

(d) Notwithstanding subsection (2)(b) of this section, if a governing body does not have rules and regulations in place for the enforcement of a code adopted pursuant to subsection (2)(a) of this section, the governing body may request support from the division in conducting inspections and enforcing the code pursuant to the division's procedures set forth in section 24-33.5-1213; except that any civil penalty collected pursuant to section 24-33.5-1213 (4) shall be deposited in the code board cash fund. The division may charge a reasonable fee to the property owner for conducting inspections and enforcing the code, and money from the fee shall be deposited in the code board cash fund.

(3) A governing body may petition the board for a modification of the codes within its jurisdiction in accordance with procedures adopted by the board pursuant to section 24-33.5-1236 (4)(b)(IV). If the board grants the petition for modification, the modification applies only within the jurisdiction that is granted the modification. The order granting the petition for modification must specify a date on which the modification expires, and the governing body must petition the board before the expiration date to keep the modification in effect, or the board at its discretion and through its own action may extend the modification and specify a new expiration date. A governing body may appeal a denial of a petition to the board in accordance with procedures adopted by the board pursuant to section 24-33.5-1236 (4)(b)(V).

(4) The public utilities commission created in section 40-2-101 shall consider application of the codes when carrying out the public utilities law; carrying out and implementing its policies, procedures, and decisions; and meeting any requirements under its jurisdiction.
C.R.S. § 24-37.5-203.5 — CO Code / Title 24 / Article 37.5 / Part 2 / Section 24-37.5-203.5
24-37.5-203.5. Statewide internet portal - definitions
Status: repealed

24-37.5-203.5. Statewide internet portal - definitions. (Repealed)
C.R.S. § 24-7.5-102 — CO Code / Title 24 / Article 7.5 / Section 24-7.5-102
24-7.5-102. Supervision and control
Status: in_force

24-7.5-102. Supervision and control. State higher education police officers employed pursuant to this article shall be under the supervision and control of the governing board of the employing state institution of higher education or its designee. The governing board or head of the state institution of higher education shall provide institutional police commissions and other appropriate credentials for the police officers. The employing institution may permit its police officers to hold and receive other law enforcement commissions or appointments as are appropriate to carry out their duties.
C.R.S. § 24-60-3901 — CO Code / Title 24 / Article 12 / Part 39 / Section 24-60-3901
24-60-3901. Short title
Status: in_force

24-60-3901. Short title. The short title of this part 39 is the "Psychology Interjurisdictional Compact Act".
C.R.S. § 24-33.5-1506 — CO Code / Title 24 / Article 33.5 / Part 15 / Section 24-33.5-1506
24-33.5-1506. SARA Title III fund - creation - acceptance of gifts, grants, and donations
Status: in_force

24-33.5-1506. SARA Title III fund - creation - acceptance of gifts, grants, and donations. (1) There is hereby created in the state treasury the SARA Title III fund, also referred to in this part 15 as the "fund", which shall be administered by the director. The moneys in the fund are subject to annual appropriation by the general assembly for the purposes of this part 15, including the disbursement of grants pursuant to section 24-33.5-1507.

(2) The director is hereby authorized to accept all moneys received from the federal government and from public or private grants, gifts, bequests, donations, and other contributions for any purpose consistent with this part 15. The moneys shall be credited to the fund.

(3) In accordance with section 24-36-114, all interest derived from the deposit and investment of this fund shall be credited to the general fund.
C.R.S. § 24-56-117 — CO Code / Title 24 / Article 56 / Section 24-56-117
24-56-117. Real property acquisition policies
Status: in_force

24-56-117. Real property acquisition policies. (1) Any acquiring agency or political subdivision of the state which acquires real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of such program or project shall comply with the following policies:

(a) Every reasonable effort shall be made to acquire expeditiously real property by negotiation.

(b) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property; except that the department of transportation may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value.

(c) Before the initiation of negotiations for acquisition of real property, an amount shall be established which it is reasonably believed is just compensation therefor, and such amount shall be offered for the property. In no event shall such amount be less than the approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The owner of the real property to be acquired shall be provided with a written statement of and summary of the basis for the amount established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.

(d) No owner shall be required to surrender possession of real property before the agreed purchase price is paid or before there is deposited with the court, in accordance with applicable law, for the benefit of the owner an amount not less than the approved appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding of such property.

(e) The construction or development of a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation without at least ninety days' written notice of the date by which such move is required.

(f) If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the acquiring agency on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.

(g) In no event shall the time of condemnation be advanced, or negotiations or condemnation and the deposit of funds in court for the use of the owner be deferred, or any other action coercive in nature be taken to compel an agreement on the price to be paid for the property.

(h) If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation proceedings shall be instituted. The acquiring agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.

(i) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, an offer to acquire the entire property shall be made.

(j) A person whose real property is being acquired in accordance with this article may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, any part thereof, any interest therein, or any compensation paid therefor to an agency, as such person shall determine.

(k) As used in this section, "appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

(2) For the purposes of this section, "acquiring agency" means a state agency which has the authority to acquire property by eminent domain under state law and a state agency or person which does not have such authority to the extent provided by the department of transportation by regulation.

(3) The requirements of this section shall not apply to any acquiring agency or political subdivision of the state that acquires real property for a program or project for which federal financial assistance will be available from the rural utilities service of the United States department of agriculture for all or any part of the cost of such program or project.
C.R.S. § 24-76.7-102 — CO Code / Title 24 / Article 76.7 / Section 24-76.7-102
24-76.7-102. Governmental entities - agreements with privately owned immigration detention fa
Status: in_force

24-76.7-102. Governmental entities - agreements with privately owned immigration detention facilities - prohibition. (1) Beginning on January 1, 2024, a governmental entity shall not:

(a) Enter into an agreement of any kind for the detention of individuals in an immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity;

(b) Sell any public or government-owned property or building for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;

(c) Pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;

(d) Receive per diem, per detainee, or any other payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity; or

(e) Otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.

(2) Nothing in this article 76.7 shall be construed to prohibit a governmental entity from providing health and safety resources to individuals who are being detained for immigration purposes.

(3) Nothing in this article 76.7 shall be construed to prohibit any unit of local government from contracting for health, utility, and sanitation services to immigration detention facilities.
C.R.S. § 24-30-210 — CO Code / Title 24 / Article 30 / Part 2 / Section 24-30-210
24-30-210. Cash fund solvency fund - creation - loans - report - legislative declaration
Status: in_force

24-30-210. Cash fund solvency fund - creation - loans - report - legislative declaration. (1) The general assembly hereby finds and declares that:

(a) When fee-funded programs use multi-year licensing and service periods, state agencies may have revenue shortfalls during off-cycle years in which revenue collections are dramatically lower than they are in on-cycle years;

(b) The COVID-19 pandemic has reduced fee revenue or disrupted the fee cycle for many state programs, which exacerbates the need for a multi-year, cash-management solution to smooth out revenue fluctuations;

(c) Fee-funded state programs should be able to weather the current and future economic downturns without resorting to large, short-term fee increases on businesses and Coloradans as they are recovering from the downturn; and

(d) Providing fee-funded programs adequate, multi-year flexibility to manage cash flows while also maintaining the existing safeguards against overcharging fee payers for services is an important state function.

(2) The cash fund solvency fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the cash fund solvency fund to the fund.

(3) (a) Notwithstanding any provision of law to the contrary, upon the request of the office of state planning and budgeting, the state controller may transfer money from the fund to another cash fund if the state controller determines that:

(I) The primary source of revenue in the cash fund is from fee revenue;

(II) The fee revenue is collected on a multi-year licensing and service period or there has been an unexpected, significant decrease in fee revenue collected; and

(III) The cash fund will have a deficit based on current expenditures in the absence of a significant fee increase, unless a loan is made to the cash fund.

(b) After a transfer to a cash fund under subsection (3)(a) of this section, the state controller shall transfer the same amount of money from the cash fund back to the cash fund solvency fund in one or more installments. The state controller shall establish the terms of the repayment transfers, which may be over multiple fiscal years.

(4) On July 1, 2021, the state treasurer shall transfer three million one hundred thousand dollars from the general fund to the fund.

(5) Notwithstanding section 24-1-136 (11), on or before November 1, 2021, and each November 1 thereafter, the state controller shall annually report to the joint budget committee and the office of state planning and budgeting about any transfers that have been made under this section, the terms of the repayment transfers, and the amount that has been repaid.
C.R.S. § 24-33.5-1105 — CO Code / Title 24 / Article 33.5 / Part 11 / Section 24-33.5-1105
24-33.5-1105. Debris removal
Status: in_force

24-33.5-1105. Debris removal. (1) Whenever the governor has declared a disaster emergency to exist under the laws of this state or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:

(a) Notwithstanding any other law, through the use of state departments or agencies or the use of any of the state's instrumentalities, to clear or remove from publicly or privately owned land or water debris and wreckage which may threaten public health or safety or public or private property; and

(b) To accept funds from the federal government and to utilize such funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water.

(2) Authority under this part 11 shall not be exercised unless the affected local government, corporation, organization, or individual first presents an unconditional authorization for removal of such debris or wreckage from public or private property and, in the case of removal of debris or wreckage from private property, first agrees to indemnify the state government against any claim arising from such removal.

(3) Whenever the governor provides for clearance of debris or wreckage pursuant to subsections (1) and (2) of this section, employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or water and perform any tasks necessary to removal or clearance operations.
C.R.S. § 24-50.5-107 — CO Code / Title 24 / Article 50.5 / Section 24-50.5-107
24-50.5-107. Reports to the governor
Status: in_force

24-50.5-107. Reports to the governor. The state personnel board shall report annually to the governor concerning the complaints filed, hearings held, and actions taken pursuant to this article.
C.R.S. § 24-72-704 — CO Code / Title 24 / Article 72 / Part 7 / Section 24-72-704
24-72-704. Sealing of arrest records when no charges filed - automatic sealing
Status: in_force

24-72-704. Sealing of arrest records when no charges filed - automatic sealing. (1) (a) Any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to the person in interest is located for the sealing of all of the records, except basic identification information, if the records are a record of official actions involving a criminal offense for which the person in interest:

(I) Completed a diversion agreement pursuant to section 18-1.3-101 and no criminal charges were ever filed;

(II) Was not charged and the statute of limitations for the offense for which the person was arrested that has the longest statute of limitations has run; or

(III) Was not charged and the statute of limitations has not run but the person is no longer being investigated by law enforcement for commission of the offense.

(b) Any petition to seal criminal records shall include a listing of each custodian of the records to whom the sealing order is directed and any information that accurately and completely identifies the records to be sealed.

(c) (I) Upon the filing of a petition, the court shall review the petition and determine whether the petition is sufficient on its face. If the court determines that the petition on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the petition, the petitioner is not entitled to relief pursuant to this section, the court shall enter an order denying the petition and mail a copy of the order to the petitioner or, as permitted, serve the order pursuant to Colorado supreme court rules. The court's order must specify the reasons for the denial of the petition.

(II) If the court determines that the petition is sufficient on its face and that no other grounds exist at that time for the court to deny the petition pursuant to this section, the court shall set a date for a hearing at least thirty-five days after the determination and notify the prosecuting attorney, the arresting agency, and any other person or agency identified by the petitioner of the hearing date. If no objection is received by the court seven days prior to the hearing date, the court shall vacate the hearing and order such records, except for basic identification information, to be sealed. If an objection is filed and the court determines at a hearing or otherwise that the objection provides facts that make the petitioner ineligible for sealing of the arrest records, the court shall deny the petition and provide a copy of the order to the petitioner. The court's order must specify the reasons for the denial of the petition. If the objection does not provide facts that make the petitioner ineligible for sealing of the arrest records, the court shall order such records, except basic identification information, to be sealed.

(d) The person who is the subject of the records and the prosecuting attorney may inspect the records included in an order sealing criminal records without a court order and only for the purposes permitted by law.

(1.5) [Editor's note: Subsection (1.5) is effective July 1, 2025.]

(a) On its own motion, the court shall order the defendant's criminal justice records sealed when the district attorney notifies the court that a person in interest meets one of the conditions of subsection (1) of this section to facilitate sealing of the records held by the court.

(b) The court shall not require a written motion or any other written pleadings for sealing pursuant to this section. The court shall enter an order sealing records pursuant to this subsection (1.5) at the time of notice and shall serve the sealing order pursuant to section 24-72-703 (8) no later than twenty-eight days after the date of sealing.

(c) If the automatic sealing of a criminal record does not occur, the defendant may file a motion to seal the criminal case at any time subsequent to the district attorney's notice through the filing of a written motion pursuant to subsection (1) of this section. The court shall not charge or assess the defendant any fees or costs associated with filing a motion pursuant to this subsection (1.5)(c).

(d) This section does not apply to records that are subject to the procedure set forth in section 18-13-122 (13).

(2) (a) For arrests on or after January 1, 2022, the Colorado bureau of investigation in the department of public safety shall automatically seal an arrest record that is in its custody and control of a person when no criminal charges have been filed within one year of the date of the person's arrest. If the Colorado bureau of investigation does not receive documentation of the filing of criminal charges matching arrest records in its custody and control from a court or another state or local agency or office within one year of the date of arrest, the bureau shall seal the arrest records. The Colorado bureau of investigation is not required to conduct any independent investigation of whether criminal charges have been filed and is not required to seal any arrest records not in its custody and control. An arrest record eligible for sealing pursuant to this subsection (2)(a) must be sealed within sixty days after the year has passed since the person's arrest date. If the Colorado bureau of investigation receives notice of filed charges after it sealed the record, the bureau shall immediately unseal the record.

(b) (I) For arrests without a conviction after January 1, 2019, but before January 1, 2022, the Colorado bureau of investigation shall automatically seal an arrest record that is in its custody and control of a person when no criminal charges have been filed:

(A) Within three years after the date of arrest for a felony offense for which the statute of limitations is three years; or

(B) Within eighteen months after the date of arrest for a misdemeanor offense, a misdemeanor traffic offense, a civil infraction, a petty offense, a municipal ordinance violation for which the statute of limitations is eighteen months or less, or if there is no indication of the classification of the crime in the arrest data.

(II) If the Colorado bureau of investigation does not receive documentation from a court or another state or local agency or office that criminal charges have been filed within the time periods provided in subsection (2)(b)(I) of this section, the bureau shall seal the arrest records in its custody and control. The Colorado bureau of investigation is not required to conduct any independent investigation of whether criminal charges have been filed and is not required to seal any arrest records not in its custody and control. If the Colorado bureau of investigation receives notice of filed charges after it sealed the record, the bureau shall immediately unseal the record.

(III) This subsection (2)(b) only applies to criminal arrest records that the Colorado bureau of investigation has custody and control over in an electronic format.

(IV) (A) For arrest records with no conviction that are from 2013 to 2018, the Colorado bureau of investigation shall seal the records by January 1, 2023.

(B) For arrest records with no conviction that are from 2008 to 2012, the Colorado bureau of investigation shall seal the records by January 1, 2024.

(C) For arrest records with no conviction that are from 2003 to 2007, the Colorado bureau of investigation shall seal the records by January 1, 2025.

(D) For arrest records with no conviction that are from 1997 to 2002, the Colorado bureau of investigation shall seal the records by January 1, 2026.

(E) For any other arrest records with no conviction, the Colorado bureau of investigation shall seal the records by January 1, 2027.

(V) Arrest records for a felony offense with a statute of limitations of more than three years or with no statute of limitations pursuant to section 16-5-401 are not eligible for sealing under this subsection (2).

(3) Notwithstanding subsection (2) of this section, the Colorado bureau of investigation shall develop a process to allow an approved treatment provider providing treatment pursuant to section 16-11.7-103 (4) or 16-11.8-103 (4) access to sealed arrest records. A treatment provider shall not use records accessed pursuant to this subsection (3) for any other purpose.

(4) The provisions of section 24-72-703 (2) apply to an arrest record sealed pursuant to this section.

(5) Sealing of arrest records under this section does not impair the ability of the department of education to access and use sealed records in connection with background checks, investigations, and disciplinary actions conducted under article 60.5 of title 22.

(6) (a) Beginning November 1, 2023, and annually thereafter, the Colorado bureau of investigation shall report the number of arrest records sealed to the judiciary committees of the senate and the house of representatives, or their successor committees, by judicial district and, to the extent possible, with data disaggregated by race and sex and by offense level.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (6) continues indefinitely.
C.R.S. § 24-50-1106 — CO Code / Title 24 / Article 50 / Part 11 / Section 24-50-1106
24-50-1106. Covered employees' choice of certified employee organization - rules
Status: in_force

24-50-1106. Covered employees' choice of certified employee organization - rules. (1) The division shall recognize as valid the certified status of the employee organization previously certified pursuant to executive order D 028 07 and shall consider such organization the certified employee organization for all purposes under this part 11 unless decertified.

(2) (a) In the event there is no certified employee organization, any employee organization may file a petition with the division requesting that it hold a representation election to allow covered employees in an unrepresented partnership unit to elect an employee organization to serve as the certified employee organization. An employee organization requesting that the division hold an election shall submit a petition to the division, signed by at least thirty percent of the covered employees in a partnership unit.

(b) The division shall certify as the certified employee organization the employee organization that receives the majority of votes cast by the covered employees.

(c) The division shall not hold a representation election:

(I) Within the twenty-four-month period immediately following June 16, 2020; or

(II) If an election or runoff election has been conducted within the twelve-month period immediately preceding the proposed election.

(3) (a) A covered employee or an employee organization may initiate a decertification election of a certified employee organization by submitting a petition signed by at least thirty percent of the covered employees requesting a decertification election.

(b) When there is a partnership agreement in effect, a covered employee or employee organization must submit a request for a decertification election to the division no earlier than one hundred twenty calendar days and no later than ninety calendar days before the expiration of the partnership agreement, or after the expiration of the fourth year of a partnership agreement with a term of more than four years. If one year after expiration of a partnership agreement, a new partnership agreement is not ratified, then a new decertification election window opens but then closes at ratification.

(c) When an employee organization has been certified but no partnership agreement is in effect, the division shall not accept a request for a decertification election earlier than two years from the date of the certification or June 16, 2020, whichever is later.

(4) A certified employee organization or the state may file a petition with the director to resolve disputes about whether certain employees are appropriately classified as covered employees. Appeals of the director's decision shall be brought to the division for adjudication. Any challenges to the exemption of an employee from the state personnel system under article XII, section 13 of the state constitution may be filed only with the state personnel board.
C.R.S. § 24-21-511 — CO Code / Title 24 / Article 21 / Part 5 / Section 24-21-511
24-21-511. Notarial act in another state
Status: in_force

24-21-511. Notarial act in another state. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by:

(a) A notary public of that state;

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

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

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

(3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act.
C.R.S. § 24-30-2106 — CO Code / Title 24 / Article 30 / Part 21 / Section 24-30-2106
24-30-2106. Change of name, address, or telephone number
Status: in_force

24-30-2106. Change of name, address, or telephone number. (1) A program participant shall notify the executive director or his or her designee within thirty days after the participant has obtained a legal name change by providing the executive director or his or her designee a certified copy of any judgment or order evidencing the change or any other documentation the executive director or his or her designee deems to be sufficient evidence of the name change.

(2) A program participant shall notify the executive director or his or her designee of a change in address or telephone number from the address or telephone number listed for the participant on the application pursuant to the requirements set forth in section 24-30-2105 (3)(g) and (3)(h) no later than seven days after the change occurs.
C.R.S. § 24-60-803 — CO Code / Title 24 / Article 60 / Part 8 / Section 24-60-803
24-60-803. Enforcement of compact
Status: in_force

24-60-803. Enforcement of compact. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
C.R.S. § 24-80-214 — CO Code / Title 24 / Article 80 / Part 2 / Section 24-80-214
24-80-214. State museum cash fund - repeal
Status: repealed

24-80-214. State museum cash fund - repeal. (1) There is hereby created in the state treasury the state museum cash fund, referred to in this section as the "cash fund". The cash fund consists of all money transferred to the cash fund from the state historical fund pursuant to section 44-30-1201 (5); money transferred from the justice center cash fund pursuant to section 13-32-101 (7)(b)(II), as said subsection existed prior to its repeal in 2015; and any other money appropriated to the cash fund by the general assembly.

(2) (a) Money in the cash fund shall be subject to annual appropriation by the general assembly to the state historical society to pay for the planning, design, acquisition, and construction of and relocation to a new state museum, exhibits for the museum, and for exhibit planning, development, and build-out at other facilities owned and operated by the historical society.

(b) In addition to the purposes for which the state historical society may use money in the cash fund pursuant to subsection (2)(a) of this section, in the 2024-25 state fiscal year, the state historical society may use up to one million six hundred thousand dollars of money in the cash fund to provide a zero interest loan to the department of revenue to facilitate the department of revenue's co-location and consolidation to the Auraria higher education center. The department of revenue shall repay any loan made by the state historical society pursuant to this subsection (2)(b) in an amount equal to at least four hundred thousand dollars per year until the loan is repaid in full and shall complete the loan repayments by June 30, 2029.

(3) (a) Except as otherwise provided in subsection (3)(b) of this section, the state historical society shall retain three million dollars and compounding interest earned on this amount beginning July 1, 2015, in the cash fund as a controlled maintenance reserve for the new state museum. The controlled maintenance reserve is available for appropriation for controlled maintenance at the museum beginning in the 2027-28 state fiscal year.

(b) (I) Beginning July 1, 2027, and continuing through June 30, 2029, the state historical society may reduce the minimum cash fund balance required pursuant to subsection (3)(a) of this section by the amount of the loan the state historical society has made to the department of revenue pursuant to subsection (2)(b) of this section.

(II) This subsection (3)(b) is repealed, effective July 1, 2029.

(4) Appropriations from the cash fund remain available to the state historical society for a period of four years.

(5) The state treasurer shall invest any money in the cash fund not expended for the purpose of this section as provided by law. All interest and income derived from the investment and deposit of money in the cash fund is credited to the cash fund.

(6) Any unexpended and unencumbered money remaining in the cash fund at the end of a fiscal year remains in the cash fund and is not credited or transferred to the general fund or another fund.
C.R.S. § 24-109-204 — CO Code / Title 24 / Article 109 / Part 2 / Section 24-109-204
24-109-204. Decisions of the executive director
Status: in_force

24-109-204. Decisions of the executive director. (1) On each appeal submitted, the executive director or his or her designee shall promptly decide the contract controversy, debarment, or suspension or whether the solicitation or award was in accordance with the procedures provided in this code, regulations enacted pursuant to this code, and the terms and conditions of the solicitation. The decision shall be in writing. A copy of any decision shall be provided to the aggrieved party and the procurement official of the using agency.

(2) In the case of any protest concerning the solicitation or award of a contract or of debarment or suspension from consideration for award of contract or contract controversy, a written decision shall be issued within thirty business days after receipt of the appeal.

(3) If the executive director or his or her designee determines that the solicitation or award was not in accordance with this code, remedies awarded in the decision, if any, shall be limited to those set forth in part 5 of this article 109.
C.R.S. § 24-32-708 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-708
24-32-708. Annual report
Status: repealed

24-32-708. Annual report. (Repealed)
C.R.S. § 24-33.5-809 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-809
24-33.5-809. Agreement for disposition of claims
Status: in_force

24-33.5-809. Agreement for disposition of claims. The office of emergency management and the adjusting agent shall enter into an agreement requiring the adjusting agent to adjust and dispose of claims and furnish compensation to civil defense workers and their dependents. The agreement must authorize the adjusting agent to make all expenditures, including payments to claimants for compensation or for the adjustment or settlement of claims. Nothing in this part 8 means that the adjusting agent or its officers or agents have the final decision with respect to the compensability of any case or the amount of compensation or benefits due. Any civil defense worker or the civil defense worker's dependents have the same right to hearings before the division of labor standards and statistics in the department of labor and employment and its referees, and to appeal from awards of the division and referees to the industrial claim appeals panel and to the courts, as is provided in the hearing and review procedures of the "Workers' Compensation Act of Colorado", article 43 of title 8, C.R.S., subject to the limitations prescribed in this part 8.
C.R.S. § 24-37.5-105.4 — CO Code / Title 24 / Article 37.5 / Part 1 / Section 24-37.5-105.4
24-37.5-105.4. Delegation of authority
Status: in_force

24-37.5-105.4. Delegation of authority. (1) The chief information officer may delegate an information technology function of the office to another state agency by agreement or other means authorized by law. The chief information officer may delegate an information technology function of the office if in the judgment of the director of the state agency and the chief information officer:

(a) The state agency has requested that the function be delegated;

(b) The state agency has the necessary resources and skills to perform or control the function to be delegated; and

(c) The function to be delegated is a unique or mission-critical function of the state agency.

(2) The chief information officer may delegate a function of the office only when the delegation results in net cost savings or improved service delivery to the state as a whole or to the unique mission critical function of the state agency, or is not otherwise provided in the office's information technology oversight and standards governance developed pursuant to section 24-37.5-105 (4).

(3) For any delegation of authority pursuant to this section, the office shall formalize an agreement with the state agency in which the agency assumes the responsibility for all of the requirements specified in this subsection (3), including acknowledging responsibility for ensuring that the information technology or service maintains ongoing compliance with state information technology policies and standards pursuant to section 24-37.5-105 (4) and applicable federal regulations. The delegation of authority pursuant to this section shall be in writing and shall contain the following:

(a) A precise definition of each function to be delegated;

(b) A clear description of the standards to be met in performing each delegated function;

(c) Designation of the state agency responsible for ensuring operational security and validating compliance to security policies and standards;

(d) A provision for periodic administrative audits by the office;

(e) A date on which the agreement shall terminate if the agreement has not been previously terminated or renewed; and

(f) Designation of the appointing authority responsible for the delegated services to support the function in the state agency and rates to be charged for the staff.

(4) An agreement to delegate functions to a state agency may be terminated by the office if the results of an administrative audit conducted by the office reveals a lack of compliance with the terms of the agreement by the state agency.
C.R.S. § 24-82-408 — CO Code / Title 24 / Article 82 / Part 4 / Section 24-82-408
24-82-408. Purchases - how made
Status: in_force

24-82-408. Purchases - how made. All purchases of equipment, supplies, and material required for the operation of the state agency shall be made through the executive director of the department of personnel.
C.R.S. § 24-33.5-107 — CO Code / Title 24 / Article 33.5 / Part 1 / Section 24-33.5-107
24-33.5-107. Applications for licenses - authority to suspend licenses - rules
Status: in_force

24-33.5-107. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number.

(2) The department or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.

(3) (a) The department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.

(b) The appropriate rule-making body of the department is authorized to promulgate rules to implement the provisions of this section.

(4) For purposes of this section, "license" means any recognition, authority, or permission that the department or any authorized agent of the department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
C.R.S. § 24-32-1614 — CO Code / Title 24 / Article 32 / Part 16 / Section 24-32-1614
24-32-1614. Effect of issuance of bonds without allocations
Status: repealed

24-32-1614. Effect of issuance of bonds without allocations. (Repealed)
C.R.S. § 24-36-108 — CO Code / Title 24 / Article 36 / Part 1 / Section 24-36-108
24-36-108. Notice of payment - when interest ceases
Status: in_force

24-36-108. Notice of payment - when interest ceases. (1) The treasury department shall maintain a record of the number and amount of each warrant and each check presented for payment and endorsed by the state treasurer as provided in section 24-36-107. Whenever there are sufficient moneys in the state treasury to pay part or all of such endorsed warrants and checks, the state treasurer shall give notice of the date of payment of the same through publication, twice, in some newspaper published in Denver, listing the numbers and amounts of the warrants and checks that he or she is prepared to pay on said date. Interest on the warrants and checks so listed shall cease at the expiration of fifteen days from the last date of publication of said notice.

(2) The state treasurer is authorized to pay interest on any such warrant and any such check at the rate endorsed thereon out of any moneys in the state treasury to the credit of the general fund or such other fund out of which the warrant or check is payable and to charge the amount of interest so paid to such fund.

(3) Interest paid on any such warrant or any such check shall be receipted for thereon by the payee or assignee thereof.
C.R.S. § 24-101-105 — CO Code / Title 24 / Article 101 / Part 1 / Section 24-101-105
24-101-105. Application of this code
Status: repealed

24-101-105. Application of this code. (1) (a) This code applies to all publicly funded contracts entered into by all governmental bodies of the executive branch of this state; except that this code does not apply to:

(I) Bridge and highway construction or to contracts for unsolicited or comparable proposals for public-private initiatives under section 43-1-1203;

(II) Contracts between the state and its political subdivisions or other governments, except as provided in article 110 of this title 24;

(II.5) Grants;

(III) Public printing, as defined in section 24-70-201, except for the provisions of article 109 of this title 24;

(IV) Professional services, as defined in section 24-30-1402;

(V) The Colorado state fair authority created pursuant to section 35-65-401 (1);

(VI) The state board of land commissioners in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153 (1), or the commercial real property operating fund created in section 36-1-153.7;

(VII) Repealed.

(VIII) Utilities, including water, electricity, and natural gas;

(IX) Works of art for display, purchase, or performance;

(X) Copyrighted materials such as books, periodicals, collections, and subscriptions;

(XI) Conference facilities at hotels or other venues that include, but need not to be limited to, meeting rooms, audio visual equipment, catering, and guest accommodation rooms;

(XII) Client-based services including medical services or services where the client has the right to choose the vendor;

(XIII) Dues and memberships;

(XIV) Annuities;

(XV) Real property or interest in real property;

(XVI) The habitat partnership program created in section 33-1-110 (8)(a);

(XVII) The department of early childhood in soliciting and selecting entities to serve as local coordinating organizations pursuant to section 26.5-2-103 and coordinating agreements entered into pursuant to section 26.5-2-105; or

(XVIII) Public-private partnerships authorized by part 1 of article 94 of this title 24.

(a.5) If the procurement official or his or her designee determines that reasonable competition exists in the procurement of a good or service that is exempt from the code pursuant to subsection (1)(a) of this section, the procurement official or his or her designee may require a competitive process.

(b) The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this code and may enter into contracts independent of the terms specified in this code.

(c) Repealed.

(d) (Deleted by amendment, L. 2017.)

(e) Upon the request to purchase items for resale to the public, the procurement official may, by written determination, provide that this code shall not apply to items acquired for such resale.

(f) Nothing in this code or in rules promulgated under this code shall prevent any governmental body or political subdivision from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.

(g) Upon the request to enter into a revenue-producing contract, the procurement official may, by written determination, provide that this code shall not apply to the revenue-producing contract. Governmental bodies shall maximize the return to the state when they are parties to revenue-producing contracts.

(2) All political subdivisions and local public agencies of this state are authorized to adopt all or any part of this code and its accompanying rules.

(3) and (4) (Deleted by amendment, L. 2017.)
C.R.S. § 24-50-1110 — CO Code / Title 24 / Article 50 / Part 11 / Section 24-50-1110
24-50-1110. Executive and management rights
Status: reserved

24-50-1110. Executive and management rights. (1) Nothing in this part 11 impairs the ability of the state to:

(a) Exercise any right or responsibility reserved to an appointing authority, the director, or the state personnel board pursuant to the state personnel system as described in section 13 of article XII of the state constitution and part 1 of this article 50 and rules or procedures promulgated by the state personnel board or the director pursuant to section 24-50-101 (3)(c);

(b) Determine and carry out any mission, initiative, task force, agenda, policy, or program of any department, division, office, or other subdivision of the state;

(c) Establish and oversee budget, finances, and accounting;

(d) Determine utilization of technology;

(e) Negotiate with, procure, and administer contracts that the state has lawful authority to enter;

(f) Make, amend and enforce, or revoke reasonable personal conduct rules; or

(g) Take such actions as may be necessary to carry out any government function during an emergency.

(2) Nothing in this part 11 or in any partnership agreement may restrict, duplicate, or usurp any responsibility of or power granted to the governor, the director, or state personnel board by the state constitution or the Colorado Revised Statutes.

(3) Nothing in this part 11 shall prevent the state from convening, or engaging in discussions with any state employee or group of state employees to accomplish any of the matters listed in this section.
C.R.S. § 24-80-403 — CO Code / Title 24 / Article 80 / Part 4 / Section 24-80-403
24-80-403. Office of state archaeologist - purpose
Status: in_force

24-80-403. Office of state archaeologist - purpose. The office of state archaeologist is established as a section within the society in the department of higher education. The office of state archaeologist is a type 2 entity, as defined in section 24-1-105. The purpose of the office of state archaeologist is to coordinate, encourage, and preserve by the use of appropriate means the full understanding of this state's archaeological resources as the same pertain to humankind's cultural heritage, the study and understanding of which within the state of Colorado will result in an ultimate benefit to the citizens of this state.
C.R.S. § 24-103-203 — CO Code / Title 24 / Article 103 / Part 2 / Section 24-103-203
24-103-203. Requests for proposals
Status: repealed

24-103-203. Requests for proposals. (1) A contract may be entered into by requests for proposals. Requests for proposals may be used for the procurement of professional services. The executive director may provide by rule that it is neither practicable nor advantageous to the state to procure specified types of supplies, services, or construction by an invitation for bids.

(2) Proposals shall be solicited through a request for proposals.

(3) Adequate public notice of the request for proposals shall be given in the same manner as provided in section 24-103-202 (3).

(4) Repealed.

(5) The request for proposals shall state evaluation factors.

(6) As provided in the request for proposals and pursuant to rules, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for an award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

(7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. No property interest of any nature shall accrue until the contract is awarded and signed by both parties.

(8) The procurement official, or his or her designee, shall negotiate, in the case of procurement of professional services, with the highest qualified offerors and in that negotiation shall take into account, in the following order of importance, the professional competence of the offerors, the technical merits of the offers, and the price for which the services are to be rendered.
C.R.S. § 24-110-207 — CO Code / Title 24 / Article 110 / Part 2 / Section 24-110-207
24-110-207. Public procurement units - compliance with code
Status: in_force

24-110-207. Public procurement units - compliance with code. Whenever the public procurement unit or external procurement unit that is administering a cooperative purchasing agreement complies with the requirements of this code, the public procurement unit that is participating in such agreement shall also be deemed to have complied with this code. No public procurement unit may enter into a cooperative purchasing agreement for the purpose of circumventing this code.
C.R.S. § 24-60-4403 — CO Code / Title 24 / Article 12 / Part 44 / Section 24-60-4403
24-60-4403. Notice to revisor of statutes
Status: in_force

24-60-4403. Notice to revisor of statutes. This part 44 takes effect on the date the Compact is enacted into law in the tenth Compact State. The executive director of the department of education shall notify the revisor of statutes in writing when the condition specified in this section has occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov. This part 44 takes effect upon the date identified in the notice that the Compact is enacted into law in the tenth Compact State or upon the date of the notice to the revisor of statutes if the notice does not specify a different date.
C.R.S. § 24-33.5-522 — CO Code / Title 24 / Article 33.5 / Part 5 / Section 24-33.5-522
24-33.5-522. Law enforcement assistance grant program - reports
Status: repealed

24-33.5-522. Law enforcement assistance grant program - reports. (1) (a) There is created in the division the law enforcement assistance grant program, referred to in this section as the "grant program", to award grants to seizing agencies, as defined in section 16-13-301 (2.7), to reimburse them for money that the agency would have received except for section 16-13-306.5 or 16-13-504.5. The division shall administer the grant program pursuant to this section. Subject to available appropriations, the division shall make grant payments from money appropriated to the division by the general assembly for the program.

(b) The executive director, or his or her designee, shall:

(I) Develop policies and procedures:

(A) For seizing agencies to apply for grants up to the amount of money that the agency can establish that it would have received except for section 16-13-306.5 or 16-13-504.5;

(B) Related to how money is disbursed to seizing agencies;

(C) Related to how money is allocated among seizing agencies;

(D) To ensure that grant money is only used for operations and investigations, training and education, equipment and supplies, joint law enforcement and public safety operations, support of community-based programs, or any other purpose that would have been permissible under federal equitable sharing guidelines; and

(E) To ensure that grant money be used only to supplement and not supplant money received by the seizing agency from other sources.

(II) Review applications for grants from seizing agencies; and

(III) Select seizing agencies to receive grants and the amount of the grants.

(c) Repealed.

(d) On or before August 1, 2019, and each August 1 thereafter, each local law enforcement agency that receives a grant shall provide a final report to the division describing how the grant funds were utilized. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), on or before October 1, 2019, and each October 1 thereafter, the division shall submit a summary of the reports to the judiciary committees of the house of representatives and senate, or to any successor committees.
C.R.S. § 24-102-202 — CO Code / Title 24 / Article 102 / Part 2 / Section 24-102-202
24-102-202. Authority of the executive director and chief procurement officer - delegation o
Status: repealed

24-102-202. Authority of the executive director and chief procurement officer - delegation of authority - rules. (1) Consistent with the provisions of this code, the executive director may adopt operational procedures governing the internal functions of the department.

(2) (a) The executive director may promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, in furtherance of the administration of this code.

(b) The executive director may delegate his or her authority to promulgate rules.

(c) No rule promulgated pursuant to this section shall change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of such rule.

(3) Subject to rules, the executive director may delegate the executive director's purchasing authority to designees or to any governmental body or elected official.

(4) Except as otherwise specifically provided in this code, the chief procurement officer shall, pursuant to rules:

(a) Procure or supervise the procurement of all supplies and services needed by the state;

(b) Repealed.

(c) Establish and maintain programs for the inspection, testing, and acceptance of supplies and services;

(d) Retain the right to examine each requisition submitted by a using agency and approve, disapprove, or revise it as to quantity or quality;

(e) Develop and maintain programs and procedures to delegate purchasing authority in order to conserve resources for management of the statewide purchasing system; and

(f) Develop programs to evaluate and reduce the administrative costs of the statewide procurement function.
C.R.S. § 24-33.5-427 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-427
24-33.5-427. Colorado bureau of investigation grants and donations fund
Status: in_force

24-33.5-427. Colorado bureau of investigation grants and donations fund. The department is authorized to seek, accept, and expend grants or donations from private or public sources for the purposes of this part 4; except that the department may not seek, accept, or expend a grant or donation that is subject to conditions that are inconsistent with this part 4 or any other law of the state. The department shall transmit all private and public moneys received through grants or donations to the state treasurer, who shall credit the same to the Colorado bureau of investigation grants and donations fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund are subject to annual appropriation by the general assembly to the department for the purposes of this part 4. The state treasurer shall credit all interest derived from the deposit and investment of moneys in the fund to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund remain therein and shall not be credited or transferred to the general fund or any other fund. Moneys received pursuant to this section are not subject to the provisions of part 13 of article 75 of this title.
C.R.S. § 24-91-107 — CO Code / Title 24 / Article 91 / Section 24-91-107
24-91-107. Custodian for acceptable securities - collection of interest income - payable to
Status: in_force

24-91-107. Custodian for acceptable securities - collection of interest income - payable to contractor. The public entity or any national bank, state bank, trust company, or savings and loan association located in this state and designated by mutual agreement of the public entity and the contractor to serve as custodian for the acceptable securities pursuant to section 24-91-106 shall collect all interest and income when due on the acceptable securities so deposited and shall pay them, when and as collected, to the contractor who deposited the acceptable securities. If the deposit is in the form of coupon bonds, the escrow agent shall deliver each coupon, as it matures, to the contractor. Any expense incurred for this service shall not be charged to the public entity.
C.R.S. § 24-72-601 — CO Code / Title 24 / Article 72 / Part 6 / Section 24-72-601
24-72-601. Definitions
Status: in_force

24-72-601. Definitions. As used in this part 6, unless the context otherwise requires:

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

(2) "Medical information" means any information contained in the medical record or any information pertaining to the medical, mental health, or health-care services performed at the direction of a physician or other licensed health-care provider that is protected by the physician-patient privilege established by section 13-90-107 (1)(d), C.R.S.

(3) (a) "Medical record" means the written or graphic documentation, sound recording, or computer record pertaining to medical, mental health, and health-care services, including medical marijuana services, performed at the direction of a physician or other licensed health-care provider on behalf of a patient by a physician, dentist, nurse, service provider, emergency medical service provider, mental health professional, prehospital provider, or other health-care personnel.

(b) "Medical record" includes diagnostic documentation such as X rays, electrocardiograms, electroencephalograms, and other test results and data entered into the prescription drug monitoring program under section 12-280-403.

(4) "Personal medical information or medical record" means an individual's medical information or a medical record:

(a) That identifies the individual; or

(b) With respect to which there is a reasonable basis to believe the information can be used to identify the individual.
C.R.S. § 24-61-103 — CO Code / Title 24 / Article 61 / Part 1 / Section 24-61-103
24-61-103. Compact to be ratified
Status: in_force

24-61-103. Compact to be ratified. Said taxation compact shall not become binding or operative unless and until the same has been ratified by the legislative bodies of each of the signatory entities and approved by the secretary of the interior of the United States, if required, in accordance with section 2.04 of article two of said taxation compact. The governor of the state of Colorado shall give notice of state approval of said taxation compact to the La Plata county board of county commissioners and the Southern Ute Indian tribal council.
C.R.S. § 24-71.5-109 — CO Code / Title 24 / Article 71.5 / Section 24-71.5-109
24-71.5-109. Standards
Status: in_force

24-71.5-109. Standards. (1) In implementing this article, an official publisher of legal material shall consider:

(a) Standards and practices of other jurisdictions;

(b) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;

(c) The needs of users of legal material in an electronic record;

(d) The views of governmental officials and entities and other interested persons; and

(e) To the extent practicable, the use of methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are in harmony and compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted this article.
C.R.S. § 24-32-3303 — CO Code / Title 24 / Article 32 / Part 33 / Section 24-32-3303
24-32-3303. Division of housing - powers and duties - rules
Status: in_force

24-32-3303. Division of housing - powers and duties - rules. (1) The division has the following powers and duties pursuant to this part 33:

(a) To administer and enforce construction and maintenance standards adopted by the board pursuant to this part 33, including the registration status of manufacturers;

(b) To conduct continuing research into new approaches to housing throughout the state, including but not limited to the following:

(I) The development of housing standards and construction codes based on performance; and

(II) Modular housing;

(c) To review and approve quality assurance representatives that intend to perform inspections and issue insignia of approval pursuant to this part 33;

(d) To promulgate rules in accordance with article 4 of this title 24 to implement and specify the installer and inspector education and testing requirements set forth in this part 33 and to oversee such education and testing;

(e) To enforce requirements concerning installations, including the registration and certification status of installers;

(f) To enforce requirements concerning the sale of tiny homes and of manufactured homes, including the registration status of sellers;

(g) To enforce requirements concerning the safety of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist; and

(h) To enforce requirements concerning the safety of foundation systems for manufactured homes, tiny homes, and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.
C.R.S. § 24-33.5-116 — CO Code / Title 24 / Article 33.5 / Part 1 / Section 24-33.5-116
24-33.5-116. Peace officer authority Colorado mounted rangers study task force - repeal
Status: repealed

24-33.5-116. Peace officer authority Colorado mounted rangers study task force - repeal. (Repealed)
C.R.S. § 24-4.1-112 — CO Code / Title 24 / Article 4.1 / Part 1 / Section 24-4.1-112
24-4.1-112. Emergency approvals
Status: in_force

24-4.1-112. Emergency approvals. (1) The board may order an emergency approval to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Approvals pursuant to this section are intended to cover expenses incurred by crime victims in meeting their immediate short-term needs. The amount of an approval pursuant to this section must not exceed the amount set forth in the board's policies regarding emergency approvals and must be deducted from any final approval made as a result of the claim.

(2) If the amount of an emergency approval exceeds the sum the board would have approved pursuant to this part 1, such excess must be repaid by the recipient.
C.R.S. § 24-50-135 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-135
24-50-135. Exemptions from personnel system
Status: in_force

24-50-135. Exemptions from personnel system. (1) Administrators employed in educational institutions and departments not charitable or reformatory in character shall be exempt from the state personnel system. For purposes of this section, "administrators employed in educational institutions and departments" means:

(a) Officers of an educational institution and their executive assistants; employees in professional positions, including the professional employees of a governing board; and any other employees involved in the direct delivery of academic curriculum;

(b) and (c) (Deleted by amendment, L. 2004, p. 419, § 1, effective August 4, 2004.)

(d) and (e) (Deleted by amendment, L. 2011, (HB 11-1301), ch. 297, p. 1425, § 19, effective August 10, 2011.)

(f) Professional officers and professional staff of the department of higher education; and

(g) (Deleted by amendment, L. 2004, p. 419, § 1, effective August 4, 2004.)

(h) Employees in positions funded by grants, gifts, or revenues generated through auxiliary activities. For purposes of this paragraph (h), "auxiliary activities" means institutional activities managed and accounted for as self-supporting activities.

(2) (a) The president of each educational institution or a person designated by the president shall determine which administrative positions in that institution are exempt from the state personnel system under subsection (1) of this section, subject to an appeal to the board; except that a position shall not be determined to be exempt while it is held by an existing employee in the state personnel system. The president of an educational institution may decide not to exempt a position funded through auxiliary activities if the president determines that exempting the position is not in the best interests of the institution.

(b) The executive director of the Colorado commission on higher education shall determine which administrative positions in the department of higher education other than administrative positions in educational institutions are exempt from the state personnel system under subsection (1) of this section, subject to an appeal to the board.

(c) (Deleted by amendment, L. 2011, (HB 11-1301), ch. 297, p. 1425, § 19, effective August 10, 2011.)

(d) No later than December 31 of each year, the executive director of the Colorado commission on higher education shall submit a report to the state personnel director, in the form prescribed by the director, listing all positions in the department of higher education, other than positions at educational institutions, that are exempt from the state personnel system in accordance with this section.

(3) For purposes of this section, a person is in a professional position or is a professional employee or professional staff if the person is in a position that involves the exercise of discretion, analytical skill, judgment, personal accountability, and responsibility for creating, developing, integrating, applying, or sharing an organized body of knowledge that characteristically is:

(a) Acquired through education or training that meets the requirements for a bachelor's or graduate degree or equivalent specialized experience; and

(b) Continuously studied to explore, extend, and use additional discoveries, interpretations, and applications and to improve data, materials, equipment, applications, and methods.

(4) The state personnel director shall establish procedures to approve the exemption of an employee from the state personnel system pursuant to section 13 (2)(a)(XI) and (2)(a)(XII) of article XII of the state constitution.
C.R.S. § 24-32-1610 — CO Code / Title 24 / Article 32 / Part 16 / Section 24-32-1610
24-32-1610. Notification and validity of allocations from the statewide balance
Status: repealed

24-32-1610. Notification and validity of allocations from the statewide balance. (Repealed)
C.R.S. § 24-60-2803 — CO Code / Title 24 / Article 12 / Part 28 / Section 24-60-2803
24-60-2803. Limitation on assessment
Status: in_force

24-60-2803. Limitation on assessment. Notwithstanding the provisions of section (b) of article (X) of section 24-60-2802, the state shall not pay an assessment or shall reduce the amount of its assessment so that the total collected from the annual assessment does not exceed two million five hundred thousand dollars for any single fiscal year, annually adjusted for inflation.
C.R.S. § 24-50-803 — CO Code / Title 24 / Article 50 / Part 8 / Section 24-50-803
24-50-803. Employee incentive program - report by state personnel director
Status: repealed

24-50-803. Employee incentive program - report by state personnel director. (Repealed)
C.R.S. § 24-48.5-316 — CO Code / Title 24 / Article 48.5 / Part 3 / Section 24-48.5-316
24-48.5-316. COVID-19 relief program for arts, cultural, and entertainment artists, crew memb
Status: repealed

24-48.5-316. COVID-19 relief program for arts, cultural, and entertainment artists, crew members, and organizations - definitions - report - repeal. (Repealed)
C.R.S. § 24-37.5-119 — CO Code / Title 24 / Article 37.5 / Part 1 / Section 24-37.5-119
24-37.5-119. Broadband service - report - broadband deployment board - broadband administrati
Status: repealed

24-37.5-119. Broadband service - report - broadband deployment board - broadband administrative fund - creation - rules - legislative declaration - definitions - repeal. (Repealed)
C.R.S. § 24-51-1746 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1746
24-51-1746. Waive appointment of guardian
Status: in_force

24-51-1746. Waive appointment of guardian. In the payment of survivor benefits hereunder, the association may, from time to time, authorize and approve payments directly to a minor or the parent caring for such minor without requiring the appointment of a duly constituted guardian for such minor. Likewise, the association may waive the appointment of a conservator for a beneficiary deemed mentally incompetent or otherwise unable by reason of age or illness to act without assistance, and may, from time to time, authorize and approve such payments to the person or institution having care of such beneficiary. The receipt of the person or institution so receiving such payments shall be a complete release and acquittance under this retirement plan with respect to such payments in all respects as if such payments had been made to a duly constituted guardian or conservator.
C.R.S. § 24-75-112 — CO Code / Title 24 / Article 75 / Part 1 / Section 24-75-112
24-75-112. Annual general appropriation act - headnote definitions - general provisions - f
Status: repealed

24-75-112. Annual general appropriation act - headnote definitions - general provisions - footnotes. (1) As used in the annual general appropriation act, the following definitions and general provisions apply for the headnote terms preceding and specifying the purpose of certain line items of appropriation:

(a) (I) "Capital outlay" means:

(A) Equipment, furniture, motor vehicles, software, and other items that have a useful life of one year or more;

(B) Alterations and replacements, meaning major and extensive repair, remodeling, or alteration of buildings, the replacement thereof, or the replacement and renewal of the plumbing, wiring, electrical, fiber optic, heating, and air conditioning systems therein;

(C) New structures, meaning the construction of entirely new buildings, including the value of materials and labor, either state-supplied or supplied by contract; or

(D) Nonstructural improvements to land, meaning the grading, leveling, drainage, irrigation, and landscaping thereof and the construction of roadways, fences, ditches, and sanitary and storm sewers.

(II) "Capital outlay" does not include those things defined as capital construction, capital renewal, or controlled maintenance in section 24-30-1301 (2), (3), and (4).

(b) "Centralized appropriation" means the appropriation of funds to an executive director of a department or a central administrative program intended for subsequent allocation and expenditure at and among a department's divisions, programs, agencies, or long bill groups in order to reflect the amount of such resources actually used in each program or division. Such centralized appropriations may include salary survey, step pay or anniversary increases, senior executive service, shift differential, group health and life insurance, capital outlay, ADP capital outlay, information technology asset maintenance, legal services, purchase of services from computer center, multiuse network payments, vehicle lease payments, leased space, financed purchase of an asset, certificate of participation, payment to risk management and property funds, short-term disability insurance, utilities, communications services payments, amortization equalization disbursements, supplemental amortization equalization disbursements, administrative law judge services, and centralized ADP. As provided in subsection (1)(l) of this section, capital outlay is included within the appropriation for "operating expenses".

(b.5) "Certificate of participation" means any certificate evidencing a participation right or a proportionate interest in any financing agreement or the right to receive proportionate payments from the state or an agency due under any financing agreement.

(c) "Communications services payments" means payments to the office of information technology created in section 24-37.5-103 for the cost of services from the state's public safety communications infrastructure.

(c.5) "Financed purchase of an asset" means a financing agreement that includes the purchase of an asset.

(d) (I) Except as otherwise provided in subparagraph (IV) of this paragraph (d), "full-time equivalent" or "FTE" means the budgetary equivalent of one permanent position continuously filled full time for an entire fiscal year by elected state officials or by state employees who are paid for at least two thousand eighty hours per fiscal year, with adjustments made to:

(A) Include in such time computation any sick, annual, administrative, or other paid leave;

(B) Exclude from such time computation any overtime or shift differential payments made in excess of regular or normal hours worked and any leave payouts upon termination of employment; and

(C) Account for the actual number of work hours in a given fiscal year.

(II) "Full-time equivalent" or "FTE" does not include contractual, temporary, or permanent seasonal positions.

(III) As used in this paragraph (d), "state employee" means a person employed by the state, whether or not such person is a classified employee in the state personnel system.

(IV) For purposes of higher education professional personnel and assistants in resident instruction and professional personnel in organized research and activities relating to instruction, "full-time equivalent" or "FTE" means the equivalent of one permanent position continuously filled for a nine-month or ten-month academic year.

(V) The number of FTE specified in a particular item of appropriation is the number utilized to calculate the amount appropriated and necessary to fund any combination of part-time positions or full-time positions equal to such number for the fiscal year to which the annual general appropriation act pertains in accordance with the definition contained in subsections (1)(d)(II) and (1)(d)(III) of this section and is not a limitation on the number of FTE that may be employed. No department shall make a material change in the number of FTE specified in a particular item of appropriation prior to notifying the joint budget committee in writing of such change. This subsection (1)(d)(V) does not apply to state trainee positions.

(e) "Health, life, and dental" means the state contribution for group benefits plans pursuant to section 24-50-609. These contribution amounts shall be effective in accordance with section 24-50-104 (4)(d)(II).

(f) "Indirect cost assessment" means reimbursements made to an agency of the state from federal funds, other nonstate funds, cash funds, or reappropriated funds for the indirect expenses that have been incurred by the state in operating such programs. These recoveries are made by the departments using the approved indirect cost rate, as required by the state fiscal rules.

(g) "Leased space" means the use and acquisition of office facilities and office and parking space pursuant to a rental agreement.

(h) Repealed.

(i) "Legal services" means the purchase of legal services from the department of law; however, up to ten percent of the amount appropriated for legal services may instead be expended for operating expenses, contractual services, and tuition for employee training.

(j) "Motor vehicle" means a motor truck designated three-quarters of one ton or less, automobile, or other self-propelled vehicle.

(k) "Multiuse network payments" means payments to the department of personnel for the cost of administration and the use of the state's telecommunications network.

(l) "Operating expenses" means those supplies, materials, items, services, and travel-related expenses needed to administer the programs delegated to the departments, except for personal services, legal services, or capital construction.

(m) "Personal services" means:

(I) All salaries and wages, including overtime, whether to full-time, part-time, or temporary employees of the state, and also includes the state's contribution to the public employees' retirement association and the state's share of federal medicare tax paid for state employees;

(II) Professional services, meaning services requiring advanced study in a specialized discipline that are rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state, including but not limited to accounting, consulting, architectural, engineering, physician, nurse, specialized computer, and construction management services. No appropriation for such services shall be expended on the provision of legal services by the department of law or by a private attorney or law firm prior to notifying the joint budget committee in writing of such change. Payments for professional services shall be in compliance with section 24-30-202 (2) and (3).

(III) Temporary services, meaning clerical, administrative, and casual labor rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state. Payments for temporary services shall be in compliance with section 24-30-202 (2) and (3).

(IV) Tuition, meaning payments for graduate or undergraduate courses taken by state employees at institutions of higher education; or

(V) Payments for unemployment claims or insurance as required by the department of labor and employment.

(n) "Pueblo data entry center payments" means payments to the department of personnel for the cost of data entry services from the data entry center.

(o) "Purchase of services from computer center" means the purchase of automated data processing services from the general government computer center.

(p) "Short-term disability" means the state contribution for employee short-term disability pursuant to section 24-50-603 (13).

(q) "Utilities" means water, sewer service, electricity, payments to energy service companies, purchase of energy conservation equipment, and all heating fuels.

(r) "Vehicle lease payments" means the annual payments to the department of personnel for the cost of administration, repayment of a loan from the state treasury, and financed purchase of an asset or certificate of participation payments for new and replacement vehicles.

(2) (a) When it is not feasible, due to the format of the annual general appropriation act, to set forth fully in the line item description the purpose of an item of appropriation or a condition or limitation on the item of appropriation, the footnotes at the end of each section of the annual general appropriation act are provisions that set forth such purposes, conditions, or limitations. Such provisions are intended to be binding portions of the items of appropriation to which they relate to the extent that those purposes, conditions, or limitations are integral to the appropriation and are not, in accordance with the Colorado supreme court decision in Colorado General Assembly v. Owens, 136 P.3d 262 (Colo. 2006), conditions reserving to the general assembly powers of close supervision over the appropriation.

(b) The footnotes may also contain an explanation of any assumptions used in determining a specific amount of an appropriation. However, such footnotes shall not contain any provision of substantive law or any provision requiring or requesting that any administrative action be taken in connection with any appropriation. Footnotes may set forth any other statement of explanation or expression of legislative intent relating to any appropriation.

(3) Where no purpose is specified or where a special program is specified, the appropriation shall be for operating expenses and personal services.

(4) Expenditures of funds appropriated for the purchase of goods and services shall be in accord with section 17-24-111, C.R.S., which requires institutions, agencies, and departments to purchase such goods and services as are produced by the division of correctional industries from said division.
C.R.S. § 24-31-608 — CO Code / Title 24 / Article 31 / Part 6 / Section 24-31-608
24-31-608. Transfer of property
Status: in_force

24-31-608. Transfer of property. (1) On June 30, 2014, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of safe2tell, as it existed prior to said date, may be transferred to the department of law and become the property thereof; except that safe2tell, inc., shall maintain ownership of all intellectual property, including trademarks and service marks, owned by it prior to such date subject to the provisions of section 24-31-609.

(2) On June 30, 2014, any moneys held by the safe2tell nonprofit may be transferred to the safe2tell cash fund created pursuant to section 24-31-610.
C.R.S. § 24-21-519 — CO Code / Title 24 / Article 21 / Part 5 / Section 24-21-519
24-21-519. Journal
Status: in_force

24-21-519. Journal. (1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.

(2) (a) A journal may be created on a tangible medium or in an electronic format. If a journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If a journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state.

(b) A notary public who performs a remote notarization shall maintain a journal in an electronic format with regard to each remote notarization.

(3) An entry in a journal must be made contemporaneously with performance of a notarial act and contain the following information:

(a) The date and time of the notarial act;

(b) A description of the record, if any, and type of notarial act;

(c) The full name and address of each individual for whom the notarial act is performed;

(d) The signature or electronic signature of each individual for whom the notarial act is performed;

(e) If identity of the individual is based on personal knowledge, a statement to that effect;

(f) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the type of identification credential presented, if any;

(g) The full name and address of any interpreter who provided interpreter services to facilitate the notarial act;

(h) The certification or credential number of any interpreter who provided interpreter services to facilitate the notarial act; and

(i) The fee, if any, charged by the notary public.

(4) A notary public is responsible for the security of the notary public's journal. A notary public shall keep the journal in a secure area under the exclusive control of the notary, and shall not allow any other notary to use the journal.

(5) Upon written request of any member of the public, which request must include the name of the parties, the type of document, and the month and year in which a record was notarized, a notary public may supply a certified copy of the line item representing the requested transaction. A notary public may charge the fee allowed in section 24-21-529 for each certified copy of a line item, and shall record the transaction in the notary's journal.

(6) The secretary of state may audit or inspect a notary public's journal without restriction. A notary public shall surrender the notary's journal to the secretary of state upon receiving a written request.

(7) A certified peace officer, as defined in section 16-2.5-102, acting in the course of an official investigation may inspect a notary public's journal without restriction.

(8) If a notary public's journal is lost or stolen, the notary public shall notify the secretary of state in writing within thirty days after discovering that the journal is lost or stolen.

(9) On resignation from, or the revocation or expiration of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with subsection (1) of this section and inform the secretary of state where the journal is located.

(10) (a) Instead of retaining a journal as provided in subsections (1) and (9) of this section, a current or former notary public may:

(I) Transmit the journal to the state archives established pursuant to part 1 of article 80 of this title 24; or

(II) Leave the journal with the notary's firm or employer in the regular course of business.

(b) If notary public acts pursuant to subsection (10)(a) of this section, the notary public is no longer subject to subsection (5) of this section and shall notify the secretary of state in writing whether the notary has transmitted the journal to the state archives or the firm or employer, including the contact information for the firm or employer if the notary leaves the journal with the notary's firm or employer.

(c) Instead of maintaining a journal as required by subsection (1) of this section, a notary public may maintain the original or a copy, including an electronic record, of a document that contains the information otherwise required to be entered in the notary's journal if the notary's firm or employer retains the original, copy, or electronic record in the regular course of business.

(11) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the state archives established pursuant to part 1 of article 80 of this title 24. The person shall notify the secretary of state in writing when the person transmits the journal to the state archives.
C.R.S. § 24-50-604 — CO Code / Title 24 / Article 50 / Part 6 / Section 24-50-604
24-50-604. Powers and duties of the director
Status: in_force

24-50-604. Powers and duties of the director. (1) The director shall administer and manage the state employees group benefit plans and, subject to the provisions of this part 6, has the following powers and duties:

(a) The preparation of specifications for the group benefit plans contracted for by the director;

(b) The authority and responsibility to enter into contracts with carriers for group benefit plans and to negotiate and enter into amendments to existing contracts as appropriate. Payments by the state, pursuant to such contracts, are subject to the amounts authorized in sections 24-50-104 (4) and 24-50-609.

(c) The determination of the methods of claims administration;

(d) The determination of the eligibility of employees and their dependents to participate in group benefit plans;

(e) The determination of the amount of employee payroll deductions and the responsibility for collecting such deductions;

(f) The establishment of a grievance procedure by which the director shall act as an appeals authority for complaints by employees and COBRA participants regarding the allowance and payment of claims, eligibility, and other matters;

(g) The establishment, administration, and operation of the group benefit plans reserve fund established pursuant to section 24-50-613;

(h) The continuing study of the operation of group benefit plans, including but not limited to, such matters as gross and net costs, administrative costs, benefits, plan design, utilization, and claims administration;

(i) The authority to negotiate and enter into amendments to existing contracts providing group benefit plans in order to provide appropriate coverage for employees and their dependents who may become eligible for coverage after the effective date of said contracts and to provide for the enrollment thereof;

(j) The authority to contract with persons, firms, or associations for benefits consulting, including but not limited to, actuarial services, the preparations of specifications for group benefit plans, and other specialized services that cannot be performed by the director or by state employees. Expenditures for these contracts shall be under section 24-50-613 (2).

(k) (I) The authority to establish and operate an employee assistance program intended to address personal problems and workplace issues faced by state employees and employers before the problems and issues severely impact the productivity, safety, work relationships, absenteeism, and accident rates of state employees in the workplace. The program may provide services to state employees and their employers, which may include, without limitation:

(A) Conflict resolution;

(B) Crisis intervention;

(C) Anger management classes;

(D) Employer and employee mediation;

(E) Consultations with supervisors and managers regarding problem employees;

(F) Violence in the workplace training;

(G) Sexual harassment training; and

(H) Any other facilitated groups and workshops addressing workplace issues.

(II) Any state agency or institution that does not make contributions for participation in any employee assistance program established and operated pursuant to this paragraph (k) shall not be allowed to participate in the program. However, nothing in this subparagraph (II) shall be construed to limit the ability of:

(A) Any state employee to participate in the program regardless of whether the state agency or institution that employs the state employee makes contributions to participate in the program; and

(B) Any state agency or institution to participate in the program in the event of a crisis or emergency situation in the workplace regardless of whether the state agency or institution makes contributions to participate in the program.

(III) Dependents of a state employee are not eligible to be the sole and direct recipient of services in any employee assistance program established and operated pursuant to this paragraph (k); except that an employee assistance program may allow a dependent or any other person who is not a state employee to participate in an employee assistance program if such participation is necessary to provide effective counseling and assistance to a state employee.

(IV) Any employee assistance program established and operated pursuant to this paragraph (k) shall be set forth in procedures adopted in accordance with the provisions of article 4 of this title, and such procedures shall specify, without limitation, the services to be offered by the program, the eligibility guidelines for participation in the program, and the sources of funding for the program, which, for the 2003-04 fiscal year and any fiscal year thereafter, may include, but need not be limited to, the group benefit plans reserve fund created in section 24-50-613, the risk management fund created in section 24-30-1510, and interest derived from the investment of said funds.

(V) For the 2002-03 fiscal year, any employee assistance program established and operated pursuant to this paragraph (k) shall be funded through a combination of the following resources as determined by the director:

(A) Voluntary assessments against each state agency or institution based on the agency or institution's full-time equivalency count as of August 1, 2002, with the amount of the assessment to be determined by the director and such amount to be identical for each agency and institution;

(B) Until November 30, 2003, mandatory assessments against an employee's share of the medical benefits premium for employees enrolled in group benefit plans that include enrollment in medical benefits, with the amount of the assessment to be determined by the director and such amount to be identical for each employee; and

(C) If necessary, moneys from the group benefit plans reserve fund created in section 24-50-613.

(l) The authority and responsibility to enter into contracts or renewals for group benefit plans that are self-funded, if feasible as determined by the state personnel director;

(m) The authority to establish the annual group benefit plan year for the plan year commencing in the next fiscal year.

(2) The director, pursuant to the provisions of article 4 of this title, shall adopt such procedures consistent with the provisions of this part 6 as the director deems necessary to carry out his or her statutory duties and responsibilities.

(3) The director shall have the authority to adopt procedures to determine benefit eligibility requirements and the percentage of the state contribution to health benefits for all employees, as defined in section 24-50-603 (7), who work less than full time, are governed by the rules established pursuant to subsection (2) of this section, and are hired on or after January 1, 2005. The director shall include any proposed changes to the group benefits policy in the recommendations submitted to the governor and the joint budget committee of the general assembly pursuant to section 24-50-104 (4)(c).
C.R.S. § 24-82-406 — CO Code / Title 24 / Article 82 / Part 4 / Section 24-82-406
24-82-406. Authority to secure surplus property - revocation
Status: in_force

24-82-406. Authority to secure surplus property - revocation. Any provision of law to the contrary notwithstanding, the governing board or, in case there is none, the executive head of any state department, instrumentality, or agency or of any city, county, school district, or other political subdivision may, by order or resolution, confer upon any officer or employee thereof continuing authority from time to time to secure the transfer to it of surplus property through the state agency under the provisions of section 203 (j) of the "Federal Property and Administrative Services Act of 1949", as amended, and to obligate the state or political subdivision and their funds to the extent necessary to comply with the terms and conditions of such transfers. The authority conferred upon any such officer or employee by any such order or resolution shall remain in effect unless and until the order or resolution is duly revoked and written notice of such revocation has been received by the state agency.
C.R.S. § 24-60-3903 — CO Code / Title 24 / Article 12 / Part 39 / Section 24-60-3903
24-60-3903. Notice to revisor of statutes
Status: in_force

24-60-3903. Notice to revisor of statutes. This part 39 takes effect on the date the compact is enacted into law in the seventh compact state. The director of the division of professions and occupations in the department of regulatory agencies shall notify the revisor of statutes in writing when the condition specified in this section has occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov. This part 39 takes effect upon the date identified in the notice that the compact is enacted into law in the seventh compact state or upon the date of the notice to the revisor of statutes if the notice does not specify a different date.
C.R.S. § 24-4-203 — CO Code / Title 24 / Article 4 / Part 2 / Section 24-4-203
24-4-203. Evaluation and implementation
Status: in_force

24-4-203. Evaluation and implementation. (1) Each agency shall:

(a) Document the following results and publish a summary of pathways available to a veteran to obtain authorization to practice an occupation:

(I) Evaluate the extent to which military training meets all or part of the state requirements to be authorized to practice an occupation;

(II) Identify reciprocity mechanisms with other states; and

(III) Determine if an occupational exam is available to authorize a veteran to practice an occupation;

(b) Consult with community colleges and other post-secondary educational institutions with regard to:

(I) Courses or programs to cover the gap between military occupational specialty training and the training required to be authorized to practice an occupation; and

(II) Refresher courses for the reinstatement of lapsed civilian credentials; and

(c) Consider adopting a national credentialing exam.
C.R.S. § 24-67-102 — CO Code / Title 24 / Article 67 / Section 24-67-102
24-67-102. Legislative declaration
Status: in_force

24-67-102. Legislative declaration. (1) In order that the public health, safety, integrity, and general welfare may be furthered in an era of increasing urbanization and of growing demand for housing of all types and design, the powers set forth in this article are granted to all counties and municipalities for the following purposes:

(a) To provide for necessary commercial, recreational, and educational facilities conveniently located to such housing;

(b) To provide for well-located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities;

(c) To ensure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws;

(d) To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings;

(e) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may enure to the benefit of those who need homes;

(f) To lessen the burden of traffic on streets and highways;

(g) To encourage the building of new towns incorporating the best features of modern design;

(h) To conserve the value of the land;

(i) To provide a procedure which can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics; and

(j) To encourage integrated planning in order to achieve the above purposes.
C.R.S. § 24-30-1303.5 — CO Code / Title 24 / Article 30 / Part 13 / Section 24-30-1303.5
24-30-1303.5. Office of the state architect to prepare and maintain inventory of state propert
Status: repealed

24-30-1303.5. Office of the state architect to prepare and maintain inventory of state property - vacant facilities. (1) The office shall obtain and maintain a correct and current inventory of all real property owned by or held in trust for the state or any state agency or state institution of higher education, and, in cooperation with the attorney general, correct any defects in title to said real property necessary to vest marketable title in the state.

(2) Such inventory must include sufficient information to identify such real property with respect to which unit of the state has control thereof, where such real property is located, and when and from what source the real property was acquired, including subsequent improvements. The office shall establish and maintain an accurate index system which will assure that inquiries as to the location and control of all such real property will be promptly answered.

(3) The office shall establish procedures whereby each state agency and state institution of higher education is required to report all acquisitions of real property, including improvements, and all dispositions thereof to the office to enable the inventory to be promptly and accurately maintained with respect to such changes. The report must include a copy of each purchase or sale agreement pertaining to the acquisition or disposition of real property, including improvements, or, if such agreements are not available, such other documents describing the terms and conditions of the transaction as the office finds to be appropriate in order to maintain the information required by subsection (2) of this section. For each transaction involving the acquisition or disposition of real property, the state agency or the state institution of higher education shall also provide to the department a copy of the deed pertaining to the real property after the deed has been recorded.

(3.5) (a) With respect to all real property owned by or held in trust for the state or any state agency or state institution of higher education, each state agency or state institution of higher education shall identify any vacant facility under its control. As used in this section, "vacant" means:

(I) Unoccupied;

(II) Unused in whole or in part for the purposes for which the improvement was designed, intended, or remodeled; or

(III) Without current defined plans by the state agency or state institution of higher education for the next fiscal year.

(b) A state agency or state institution of higher education must submit for the approval of the office a facility management plan for any vacant facility consistent with the procedures established by the office. The state agency or state institution of higher education must submit the facility management plan to the office within thirty days after the facility becomes vacant. In addition to any other information required by the office, the facility management plan must include the following:

(I) A financial analysis of the possible uses of the facility;

(II) Any plans for the disposal of the facility through sale, lease, demolition, or otherwise;

(III) If the state agency or state institution of higher education does not intend to dispose of the facility during the next fiscal year, a plan for the proposed controlled maintenance, if any, necessary to avoid the deterioration of the vacant facility; and

(IV) Whether the facility has or is eligible to receive a national, state, or local historic designation or listing.

(c) (I) For each year after the office approves a facility management plan, the state agency or state institution of higher education shall submit an annual facility management plan update consistent with the procedures established by the office. The update must be submitted on or before November 1 of the year following the approval of a facility management plan and each November 1 thereafter until such time that the facility is no longer vacant. In addition to any other information required by the office, the update must identify all actions taken by the state agency or state institution of higher education within the last year consistent with the facility management plan. If based on the update or on any other information known by the office, the office determines that the state agency or state institution of higher education has failed to comply with the provisions of an approved facility management plan, the office may revoke the approval of the facility management plan. If the office revokes approval of the facility management plan, a state agency or state institution of higher education is required to submit a new facility management plan for the vacant facility subject to the provisions of this subsection (3.5).

(II) In addition to any other requirements of subparagraph (I) of this paragraph (c), the facility management plan update must describe any changes proposed by the state agency or state institution of higher education to the facility management plan. Any proposed changes to the facility management plan are subject to the approval of the office, and any approved changes become part of the facility management plan for purposes of future updates.

(d) Any facility management plan or update required to be submitted by a state institution of higher education pursuant to this subsection (3.5) must be submitted to the Colorado commission on higher education instead of the office. The commission shall submit a copy of the facility management plan or update and the commission's recommendations regarding it to the office.

(e) Repealed.

(f) No state agency or state institution of higher education is eligible for any capital construction appropriations until the office approves a facility management plan for all vacant facilities controlled by the state agency or state institution of higher education; except that the capital development committee may exempt a state agency or state institution of higher education from the provisions of this paragraph (f).

(4) For purposes of maintaining a current inventory, no acquisition or disposition of real property may be made and no funds or other valuable consideration may be given by a state agency or state institution of higher education for such acquisition, nor may any final document of conveyance of real property be transmitted to a purchaser, until a complete report on such transaction as required pursuant to subsection (3) of this section has been filed with the office and the office has issued a written acknowledgment of the receipt of such report to the state agency or state institution of higher education. Such written acknowledgment must be issued without delay, and nothing in this section should be construed to give the office any power to approve or disapprove any acquisition or disposition of real property, improvements thereon, or other capital assets.

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

(5.5) The office shall cause to be developed performance criteria for real property. An analysis must be made upon selected real property against the performance criteria to assess whether the selected real property should be considered for sale or other disposition if such real property is not performing and is determined not to be of sound investment value, or should be held for an identified future state need. The office may contract to maintain such inventories, develop such performance criteria, and perform such analysis and may enter exclusive brokerage agreements on behalf of state agencies and state institutions of higher education to the extent necessary to accomplish the maintenance of such inventory and such analysis. The office shall make recommendations to the capital development committee regarding various real property management strategies resulting from such analysis. This subsection (5.5) does not apply to property that is subject to the provisions of section 43-1-106 (8)(n), C.R.S.

(6) Notwithstanding section 24-1-136 (11)(a)(I), the office shall prepare an annual report of the acquisitions and dispositions of real property subject to this section and make the report available to the members of the capital development committee. Such report must include a description of the real property and its present use and value.
C.R.S. § 24-33.5-1206 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1206
24-33.5-1206. Education and training programs - certification programs - supervision and contr
Status: in_force

24-33.5-1206. Education and training programs - certification programs - supervision and control. (1) The fire service education and training programs and the certification programs established pursuant to this part 12 shall be under the supervision and control of the director with the advice of the advisory board.

(2) The public school construction and inspection program, the health facility construction and inspection program, and the certification programs for public school and local district college building inspectors and life safety code inspectors established pursuant to this part 12 are under the supervision and control of the director with the advice of the board of appeals created in section 24-33.5-1213.7.
C.R.S. § 24-18-109 — CO Code / Title 24 / Article 18 / Part 1 / Section 24-18-109
24-18-109. Rules of conduct for local government officials and employees
Status: in_force

24-18-109. Rules of conduct for local government officials and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust.

(2) A local government official or local government employee shall not:

(a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects or supervises in the course of his official duties;

(b) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or

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

(3) (a) A member of the governing body of a local government who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body and shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of the governing body in voting on the matter.

(b) A member of the governing body of a local government may vote notwithstanding paragraph (a) of this subsection (3) if his participation is necessary to obtain a quorum or otherwise enable the body to act and if he complies with the voluntary disclosure procedures under section 24-18-110.

(4) It shall not be a breach of fiduciary duty and the public trust for a local government official or local government employee to:

(a) Use local government facilities or equipment to communicate or correspond with a member's constituents, family members, or business associates; or

(b) Accept or receive a benefit as an indirect consequence of transacting local government business.

(5) (a) Notwithstanding any other provision of this article 18, it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official who is a member of the governing body of a local government to serve on a board of directors of a nonprofit entity and, when serving on the governing body, to vote on matters that may pertain to or benefit the nonprofit entity.

(b) (I) Except as provided in subsection (5)(b)(II) of this section, a local government official is not required to provide or file a disclosure or otherwise comply with the requirements of subsection (3) of this section unless the local government official has a financial interest in, or the local government official or an immediate family member receives services from, the nonprofit entity independent of the official's membership on the board of directors of the nonprofit entity.

(II) A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity.
C.R.S. § 24-60-1308 — CO Code / Title 24 / Article 60 / Part 13 / Section 24-60-1308
24-60-1308. Applicability of article IV of compact
Status: in_force

24-60-1308. Applicability of article IV of compact. For income tax years commencing on or after January 1, 2009, a taxpayer may not use the provisions of article IV of the multistate tax compact to apportion and allocate income to Colorado.
C.R.S. § 24-32-3328 — CO Code / Title 24 / Article 32 / Part 33 / Section 24-32-3328
24-32-3328. Tiny homes - standards - rules
Status: in_force

24-32-3328. Tiny homes - standards - rules. (1) By July 1, 2023, the board shall promulgate rules establishing standards for the manufacture of tiny homes. The board may use any national or international standard that is appropriate for all or a portion of a tiny home if the board finds that the standard provides for reasonable safety standards for tiny home occupants. The board may modify, by rule, any national or international standard adopted under this subsection (1) as necessary for use in Colorado.

(2) The board shall establish standards for connecting a tiny home to utilities, including water, sewer, natural gas, and electricity.

(3) In promulgating rules under this section, the board shall consider:

(a) The importance of keeping tiny homes affordable;

(b) The unique characteristics of tiny homes such as size constraints and construction on a chassis so that they can be moved from site to site;

(c) That many tiny homes are built by shops producing fewer than twenty units per year;

(d) That many tiny homes are custom-built rather than mass-produced models; and

(e) That many tiny homes are built by their owners rather than by commercial shops.
C.R.S. § 24-33.5-1213 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1213
24-33.5-1213. Fire and building code - violations - enforcement - inspections
Status: in_force

24-33.5-1213. Fire and building code - violations - enforcement - inspections. (1) The director shall enforce sections 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1212.5, 24-33.5-1213.3, and 24-33.5-1213.5, C.R.S., by appropriate actions in courts of competent jurisdiction.

(2) (a) The director may issue a notice of violation to a person who is believed to have violated the codes as determined by an inspection pursuant to section 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1212.5, or 24-33.5-1213.3, C.R.S. The notice shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.

(b) The notice of violation shall allege the facts that constitute a violation.

(c) The notice of violation may require the alleged violator to act to correct the alleged violation.

(d) Within ten working days after delivery of the notice of violation, the alleged violator may request in writing an informal conference with the director concerning the notice of violation. If the alleged violator fails to request the conference within ten days, the notice of violation is final and not subject to further review by the director, and any requirement to correct the alleged violation pursuant to paragraph (c) of this subsection (2) becomes a binding enforcement order.

(e) Upon receipt of a request for an informal conference, the director shall set a reasonable time and place for the conference and shall notify the alleged violator of the time and place of the conference. At the conference, the alleged violator may present evidence and arguments concerning the allegations in the notice of violation.

(f) Within twenty working days after the informal conference, the director shall uphold, modify, or strike the allegations within the notice of violation and may issue an enforcement order. The decision and, if applicable, enforcement order shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.

(3) (a) A person who is the subject of and is adversely affected by a notice of violation or an enforcement order issued pursuant to subsection (2) of this section may appeal such action to the executive director. The executive director shall hold a hearing to review such notice or order and take final action in accordance with article 4 of this title and may either conduct the hearing personally or appoint an administrative law judge from the department of personnel.

(b) Final agency action shall be subject to judicial review pursuant to article 4 of this title.

(c) An alleged violator who is required to correct an action pursuant to paragraph (c) of subsection (2) of this section shall be afforded the procedures set forth in section 24-4-104 (3), to the extent applicable.

(4) (a) An enforcement order issued pursuant to this section may impose a civil penalty, depending on the severity of the alleged violation, not to exceed five hundred dollars per violation for each day of violation; except that the director may impose a civil penalty not to exceed one thousand dollars per violation for each day of violation that results in, or may reasonably be expected to result in, serious bodily injury.

(b) A civil penalty collected pursuant to this subsection (4) shall be deposited in the public school construction and inspection cash fund created in section 24-33.5-1207.7 or the health facility construction and inspection cash fund created in section 24-33.5-1207.8, as appropriate.

(5) The director may file suit in the district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to this section.

(6) In addition to the remedies provided in this section, the director is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction to restrain any person from violating any provision of section 22-32-124 (2) or 23-71-122 (1)(v), C.R.S., or section 24-33.5-1213.3 or 24-33.5-1213.5 regardless of whether there is an adequate remedy at law.
C.R.S. § 24-60-1507 — CO Code / Title 24 / Article 60 / Part 15 / Section 24-60-1507
24-60-1507. Withdrawal from compact
Status: in_force

24-60-1507. Withdrawal from compact. In the event of withdrawal from the compact, the governor shall send and receive any notices required by article XI (b) of the compact.
C.R.S. § 24-30-2107 — CO Code / Title 24 / Article 30 / Part 21 / Section 24-30-2107
24-30-2107. Certification cancellation - records
Status: in_force

24-30-2107. Certification cancellation - records. (1) The certification of a program participant shall be canceled under any of the following circumstances:

(a) The program participant files a request for withdrawal of the certification pursuant to section 24-30-2105 (5).

(b) The program participant fails to notify the executive director or his or her designee of a change in the participant's name, address, or telephone number listed on the application pursuant to section 24-30-2106.

(c) The program participant or parent or guardian who completes an application on behalf of an applicant knowingly submitted false information in the program application.

(d) Mail forwarded to the program participant by the executive director or his or her designee is returned as undeliverable.

(2) If the executive director or his or her designee determines that there is one or more grounds for canceling certification of a program participant pursuant to subsection (1) of this section, the executive director or his or her designee shall send notice of cancellation to the program participant. Notice of cancellation shall set out the reasons for cancellation. The participant shall have thirty days to appeal the cancellation decision under procedures developed by the executive director or his or her designee.

(3) An individual who ceases to be a program participant is responsible for notifying persons who use the substitute address that the designated substitute address is no longer valid.
C.R.S. § 24-34-1001 — CO Code / Title 24 / Article 34 / Part 10 / Section 24-34-1001
24-34-1001. Legislative declaration
Status: in_force

24-34-1001. Legislative declaration. (1) The general assembly finds and declares that:

(a) Approximately twenty percent of Coloradans live with a disability;

(b) Colorado is committed to protecting the civil rights of persons with disabilities; and

(c) Protection from discrimination and basic access to government services, housing, employment, and recreation are important for the well-being of Coloradans with disabilities.

(2) Therefore, the general assembly determines it is in the best interests of all Coloradans, and especially Coloradans living with disabilities, to form several groups to study and make recommendations for change on issues related to civil rights and basic accessibility for persons with disabilities.
C.R.S. § 24-46.3-707 — CO Code / Title 24 / Article 46.3 / Part 7 / Section 24-46.3-707
24-46.3-707. Repeal of part
Status: repealed

24-46.3-707. Repeal of part. This part 7 is repealed, effective July 1, 2027.
C.R.S. § 24-37.5-105 — CO Code / Title 24 / Article 37.5 / Part 1 / Section 24-37.5-105
24-37.5-105. Office - roles - responsibilities - state search interface - rules - legislative
Status: in_force

24-37.5-105. Office - roles - responsibilities - state search interface - rules - legislative declaration - definitions. (1) The office may receive and expend gifts, grants, donations, and bequests, specifically including state and federal money and other money available. The office may contract with the United States and any other legal entities with respect to money available through gifts, grants, donations, or bequests.

(2) The office may designate to a specific state agency any contribution of advanced information technology, gifts, grants, donations, or bequests from private sources, including but not limited to advanced information technology companies, individuals, and foundations. The office may also determine that such contributions remain nondesignated.

(3) The office shall:

(a) Deliver innovation and information technology to state agencies to foster collaboration among state agencies, to empower state agencies to provide better service to residents of Colorado, and to maximize the value of taxpayer resources;

(b) Coordinate with state agencies to provide assistance, advice, and expertise in connection with business relationships between state agencies and private sector providers of information technology resources. Such assistance shall include efforts that strengthen and create efficiencies in those business relationships.

(c) Assist the joint technology committee as necessary to facilitate the committee's oversight of the office; and

(d) Establish, maintain, and keep an inventory of information technology owned by or held in trust for every state agency.

(3.5) The office shall build, or contract with a third-party vendor to build, the Colorado statewide longitudinal data system, as defined in section 24-37.5-125, that advances technology solutions and improves data connectivity and analysis concerning education and workforce readiness statewide.

(4) Governance. The office shall establish, maintain, and enforce information technology oversight and standards and shall support collaborative decision-making. In connection with information technology governance, the office shall:

(a) Oversee statewide information technology strategy, rates and services, broadband, security, data, architecture, and information technology standards;

(b) Provide assistance and guidance to state agencies in developing individual state agency information technology plans and ensure compliance with the state agency information technology plan; and

(c) Provide project governance to all information technology projects, including:

(I) Evaluating all information technology projects for alignment with state standards, architecture, and best practices;

(II) Ensuring that every project is managed by an assigned project manager and ensuring that the state agency working on an information technology capital project reports to the office based on the governance standards specified in this subsection (4); and

(III) Developing standards for project management including risk management and change management;

(d) Develop and encourage an internet-based state government and facilitate the dissemination of information onto the internet through web and domain naming standards. In connection with developing an internet-based state government, the office shall:

(I) Set standards for, partner in the development of, and encourage a secure, readily accessible, and equitably available digital state government and facilitate the dissemination of information onto the internet;

(II) Collaborate with the statewide internet portal authority created in section 24-37.7-102 and other state agencies to create, maintain, and enhance the citizen experience of government; and

(III) Ensure all applications comply with the accessibility standards specified in article 85 of this title 24.

(5) Budget requests. In consultation with the office of state planning and budgeting, the office shall:

(a) Review and submit budget requests for all information technology resources to be used by state agencies; and

(b) Direct the development of policies and procedures, in consultation with the office of state planning and budgeting, that are integrated into the state's strategic planning and budgeting processes and that state agencies shall follow in developing information technology plans and technology-related budget requests.

(6) Technology purchasing for enterprises. The office shall initiate the procurement of information technology resources for state agencies and enter into agreements or contracts on behalf of a state agency, multiple agencies, or the office, or be a party to procurement contracts that are initiated by state agencies. A state agency may initiate solicitations and contracts for information technology resources only with prior approval of the procurement official for the office, and must include provisions allowing the office to enforce technology and security standards or conduct due diligence or audits of the contractors. If the state agency does not receive written approval or disapproval from the procurement official for the office within thirty business days after submitting the procurement request to the office for review, the state agency may assume that it has received the prior approval of the office, as required by this subsection (6), and is authorized to initiate the procurement or solicitation process. In connection with the procurement of information technology resources, the office shall:

(a) Ensure information technology purchases adhere to standards for data technology, architecture, and security;

(b) Establish special requirements for vendors of information technology services to state agencies and adapt standards as necessary for individual state agencies to comply with federal law;

(c) Oversee information technology vendors on behalf of the state and state agencies except when delegated to a state agency pursuant to section 24-37.5-105.4; and

(d) If the office does not have oversight of an information technology or services contract, ensure that the state agency with oversight of the contract operates pursuant to section 24-37.5-105.4 regarding the delegation of authority.

(7) Information technology personnel. To the extent permitted by applicable personnel laws and rules, the office shall oversee hiring, management, training, and performance of all state information technology personnel except when such duties are delegated pursuant to section 24-37.5-105.4.

(8) State applications. The office shall oversee the installation, services, maintenance, and retirement of all state applications except when such duties are delegated pursuant to section 24-37.5-105.4. In connection with such oversight, the office shall:

(a) Develop standards for application development and maintenance, including methodology that all state agencies shall use for application development activities;

(b) Ensure that cost-effective, efficient, and secure information and communication systems and resources are being used by state agencies to:

(I) Reduce data, hardware, and software redundancy;

(II) Improve system interoperability and data accessibility between agencies; and

(III) Meet the agency's and user's business and service needs.

(9) Infrastructure. The office shall oversee the information technology infrastructure and hardware, including:

(a) Service delivery, installation, maintenance, and retirement of all data center, mainframe, servers, storage and computer resources, email and collaboration, network, telecommunications, and end user support as outlined by services and policies in subsection (3)(f) of this section; and

(b) Implementing information technology standards and specifications, characteristics, or performance requirements of infrastructure resources that increase efficiency and improve security and identify opportunities for cost savings based on such standardization.

(10) (a) The general assembly hereby:

(I) Finds that:

(A) Rules adopted by agencies affect many areas of life for Colorado citizens, including water, air, food, energy, mobility, employment, and health care;

(B) Maintaining a vibrant business economy in the state is a goal shared by all Coloradans; and

(C) Public participation in the rule-making process promotes fairness, acceptability, and public accountability and can help foster greater public trust;

(II) Determines that:

(A) Engaging the assistance of lawyers, lobbyists, and technical experts should not be required for Coloradans to access the rules that affect their lives and businesses;

(B) The general assembly created the online transparency task force in House Bill 20-1039, enacted in 2020, to recommend online transparency improvements to the general assembly; and

(C) The task force found that it is unnecessarily burdensome to require both agency and public users to navigate within and between independent departmental resources and reinforced that establishing a clear, centralized agency rule and rule-making resource is necessary; and

(III) Declares that this subsection (10) is necessary to improve access to state rules for all Coloradans and to modernize and enhance the search functionality and transparency of existing web platforms, which are spread across multiple agencies, by creating a single, public-facing search interface for accessing agency rules and state rule-making that meets the minimum standards established in this subsection (10).

(b) Standards for the search interface must include but are not limited to:

(I) A centralized search interface for access to all agency rule-making that is highly visible on the state's main website and that uses search engine optimization to enable it to be located on the internet;

(II) An optimized, intuitive, and full-text search engine that is continuously optimized to increase accuracy and search speed and provide robust search results for users;

(III) An application programming interface that enables quantifiable research on state rules;

(IV) A public comment process that directs users toward the open comment process on the respective agencies' websites when available;

(V) An integrated, subscribable calendar of all agencies' rule-making hearings;

(VI) A fully responsive design that is compatible with mobile and tablet devices; and

(VII) Compliance with section 24-85-103, the federal "Americans Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and section 508 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794d, as amended, to make the search interface accessible to people with disabilities.

(c) To facilitate operation of the search interface, the secretary of state shall provide to the office information access to the code of Colorado regulations and Colorado register. To facilitate operation of the search interface, all other agencies shall provide to the office access to their databases and information sources that contain information for rule-making proceedings. The office shall develop the search interface as specified in this subsection (10). The secretary of state shall advise the office in the development of the search interface as necessary and upon request. The office shall make the search interface available for use by June 30, 2022; except that, if an unforeseen technological impediment prevents achievement of this deadline, the office shall:

(I) Identify the impediment, identify a proposed solution, and execute necessary steps to resolve the impediment within existing appropriations;

(II) Notify the joint technology committee of the general assembly in writing that it will not meet the deadline and include in the notice a description of the impediment, the individual tasks comprising the proposed solution, and the anticipated completion date; and

(III) Appear before the joint technology committee at the first practicable opportunity after June 30, 2022, to discuss the implementation of the search interface.

(d) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this subsection (10).

(e) As used in this subsection (10), "agency" has the meaning established in section 24-4-102 (3).
C.R.S. § 24-72.1-106 — CO Code / Title 24 / Article 72.1 / Section 24-72.1-106
24-72.1-106. Applicability
Status: in_force

24-72.1-106. Applicability. (1) This article 72.1 does not apply to:

(a) A person reporting a crime;

(b) A public entity or official accepting a crime report, conducting a criminal investigation, accepting an application for the provision of services or providing services to infants and children born in the United States pursuant to 42 U.S.C. sec. 1786, or providing emergency medical service;

(c) A peace officer in the performance of the officer's duties and within the scope of the officer's employment if the officer complies with section 24-72.1-105 (2);

(d) A person issuing a hunting or fishing license pursuant to article 4 of title 33; or

(e) Instances when a federal law mandates acceptance of a document.
C.R.S. § 24-37.5-804 — CO Code / Title 24 / Article 37.5 / Part 8 / Section 24-37.5-804
24-37.5-804. Transfer of information technology infrastructure ownership - working group - re
Status: repealed

24-37.5-804. Transfer of information technology infrastructure ownership - working group - report. (Repealed)
C.R.S. § 24-74-107 — CO Code / Title 24 / Article 74 / Section 24-74-107
24-74-107. Data privacy breaches - accountability provisions
Status: in_force

24-74-107. Data privacy breaches - accountability provisions. Any state agency employee who intentionally violates the provisions of this article 74 is subject to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation.
C.R.S. § 24-72.1-101 — CO Code / Title 24 / Article 72.1 / Section 24-72.1-101
24-72.1-101. Short title
Status: in_force

24-72.1-101. Short title. This article shall be known and may be cited as the "Secure and Verifiable Identity Document Act".
C.R.S. § 24-33-114 — CO Code / Title 24 / Article 33 / Part 1 / Section 24-33-114
24-33-114. Renewable resource generation development areas - inventory of resources - fund
Status: repealed

24-33-114. Renewable resource generation development areas - inventory of resources - fund - definitions - repeal. (Repealed)
C.R.S. § 24-50-134 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-134
24-50-134. Moving and relocation expenses
Status: in_force

24-50-134. Moving and relocation expenses. (1) When an employee in the state personnel system is required by any appointing authority, because of a change in assignment or a promotion or for any other reason related to his or her duties, to change his or her place of residence, such employee shall be allowed his or her moving expenses incurred by reason of such change of residence. Moving expenses may include the reasonable expenses of moving household goods and personal effects and the reasonable costs of traveling to the employee's new residence. Any reimbursement pursuant to this subsection (1) shall be made in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service.

(2) When an employee is required by any appointing authority, because of a change in assignment or a promotion or for any other reason related to his or her duties, to change his or her place of residence, such employee shall be allowed relocation expenses in the form of a per diem allowance up to a maximum of thirty days for necessary expenses incurred while relocating a permanent residence. The employee may choose to exclude interruptions caused by sick leave, vacation, other authorized leave of absence, or ordered travel. The rates of reimbursement for relocation expenses shall not exceed the rates fixed by executive order. Any per diem payments made pursuant to this subsection (2) shall be in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service.

(3) The state controller shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, for the implementation of this section. Such rules shall be in accordance with the regulations of the federal internal revenue service and shall include the following:

(a) The circumstances under which an employee is eligible to claim moving expenses and relocation expenses pursuant to this section;

(b) The nature of moving expenses and relocation expenses that a state employee may claim pursuant to this section;

(c) The maximum amount of moving expenses an employee may claim pursuant to this section; and

(d) Any other rules deemed necessary by the state controller for the administration of this section in compliance with the regulations of the federal internal revenue service.
C.R.S. § 24-92-206 — CO Code / Title 24 / Article 92 / Part 2 / Section 24-92-206
24-92-206. Statutory provisions included in contracts
Status: in_force

24-92-206. Statutory provisions included in contracts. A copy of sections 24-92-203 and 24-92-204 shall be inserted in all contracts for public projects awarded by an agency of government if the contract price is five hundred thousand dollars or more.
C.R.S. § 24-12-102 — CO Code / Title 24 / Article 12 / Section 24-12-102
24-12-102. Form of oaths or affirmations for purposes other than public office
Status: in_force

24-12-102. Form of oaths or affirmations for purposes other than public office. Whenever any person is required to take or subscribe an oath, and in all cases where an oath is to be administered upon any lawful occasion, and the person has conscientious scruples against taking an oath, the person is permitted to make a solemn affirmation in lieu of an oath. Whenever any person is required to take an oath or affirmation, other than an oath for public office or position in accordance with section 24-12-101, the person shall take or subscribe the oath or affirmation in the manner specified in the particular law that imposes the requirement.
C.R.S. § 24-33.5-507.5 — CO Code / Title 24 / Article 33.5 / Part 5 / Section 24-33.5-507.5
24-33.5-507.5. Definition of "status offender" to comply with federal law
Status: in_force

24-33.5-507.5. Definition of "status offender" to comply with federal law. For purposes of compliance with federal law, "status offender" shall have the same meaning as defined in federal law in 28 CFR 31.304, as amended. This definition is solely for the purpose of complying with federal statutory, regulatory, and program requirements.