C.R.S. § 24-31-104.5 — CO Code / Title 24 / Article 31 / Part 1 / Section 24-31-104.5
24-31-104.5. Funding for insurance fraud investigations and prosecutions - creation of fund
Status: repealed

24-31-104.5. Funding for insurance fraud investigations and prosecutions - creation of fund. (1) (a) For the purpose of providing adequate funds to the Colorado department of law for the investigation and prosecution of allegations of insurance fraud, in addition to any other fee collected pursuant to section 10-3-207 (1), C.R.S., each entity regulated by the division of insurance shall pay to the division a nonrefundable annual fee. Based upon the appropriations made to the department of law from the insurance fraud cash fund and the recommendation of the attorney general, the commissioner of insurance shall set the fee so that the revenue generated from the fee approximates the direct and indirect costs of the investigation and prosecution of allegations of insurance fraud. The fee shall not exceed three thousand dollars and is payable on or before March 1 of each year.

(b) The commissioner of insurance shall establish a tiered fee schedule that sets the annual fee required by paragraph (a) of this subsection (1) based upon the prior year's direct written premiums, gross contract funds, or charges received in Colorado by each regulated entity. The regulated entities with direct written premiums, gross contract funds, or charges received in Colorado in excess of one million dollars shall pay one fee, and the regulated entities with one million dollars or less shall pay a lesser fee.

(2) The division of insurance shall transmit fees collected pursuant to subsection (1) of this section to the state treasurer for deposit in the insurance fraud cash fund, which fund is hereby created in the state treasury. The fund consists of fees collected pursuant to this section and any other moneys deposited into the fund. Interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the department of law for use in investigating and prosecuting allegations of insurance fraud. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year remain in the fund and do not revert to the general fund.

(3) Repealed.
C.R.S. § 24-51-1711 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1711
24-51-1711. Contributions - refunds
Status: in_force

24-51-1711. Contributions - refunds. (1) Refund upon termination. Upon termination of employment, a contributing member or affiliate member, subject to the portability provisions of section 24-51-1747, shall be entitled to a refund of the total accumulated contribution balance as of the date of such termination refund.

(2) Request for refund for deferred members. Subject to the provisions of portability in section 24-51-1747, a deferred member account shall be available for refund unless a retirement benefit has commenced. The amount of the refund of such deferred account shall include any accumulated contribution balance or interest as of December 31, 2009, and interest accumulated thereafter, which shall be in accordance with section 24-51-407 (5). The accumulation of contributions or interest in the deferred account prior to December 31, 2009, shall be governed by the DPS plan document.
C.R.S. § 24-75-701 — CO Code / Title 24 / Article 75 / Part 7 / Section 24-75-701
24-75-701. Definitions
Status: in_force

24-75-701. Definitions. As used in this part 7, unless the context otherwise requires:

(1) "Administrator" means the administrator of a local government investment pool trust fund created pursuant to section 24-75-703.

(2) "Board" or "board of trustees" means the board of trustees composed of members that are selected from among the treasurers or other local officials empowered to invest the funds of local governments pursuant to section 24-75-703 (2), and any other independent and unaffiliated trustees named by such members.

(3) "Custodian" means a designee located in the state of Colorado, with authority, including control, over public funds of a local government investment pool trust fund. For purposes of this subsection (3), "control" includes possession of public funds of a local government investment pool trust fund, as well as the authority to establish accounts for such public funds in banks and to make deposits, withdrawals, or disbursements of such public funds. If the exercise of authority over such public funds requires action by or the consent of two or more putative custodians, then such custodians shall be treated as one custodian with respect to such public funds.

(4) "Financial institution" means an institution, with its primary place of business in this state and authorized by its charter to exercise fiduciary powers, that is a state bank, savings and loan association, or trust company chartered by this state, a national bank organized or chartered under chapter 2 of title 12 of the United States Code, or a federal savings and loan association organized or chartered under chapter 12 of title 12 of the United States Code.

(5) (a) "Investment adviser" means, except as provided in paragraph (b) of this subsection (5), any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. "Investment adviser" also includes financial planners and other persons who, as an integral component of other financially related services, provide such investment advisory services to a local government investment pool trust fund for compensation or who hold themselves out as providing investment advisory services to a local government investment pool trust fund for compensation.

(b) "Investment adviser" does not include:

(I) A publisher of any bona fide newspaper, magazine, or business or financial publication with a regular and paid circulation; a publisher of any securities advisory newsletter with a regular and paid circulation which does not provide advice to subscribers on their specific investment situations; or any author of material included in any such newspaper, magazine, publication, or newsletter who does not otherwise come within the definition of an "investment adviser" or "investment adviser representative";

(II) An investment adviser representative;

(III) A broker-dealer or sales representative for a broker-dealer licensed by the securities commissioner whose performance of investment advisory services is solely incidental to the conduct of its business as a broker-dealer and who receives no special compensation for such services;

(IV) A financial institution or any person employed by or directly associated with a financial institution;

(V) A lawyer, certified public accountant, professional engineer, professional geologist, or teacher, if such person:

(A) Does not take possession of the funds or securities of a local government investment pool trust fund in connection with providing investment advisory services; and

(B) Does not receive commissions or other compensation, directly or indirectly, from the sale of any security to any local government investment pool trust fund to whom such person provides advice about the value or advisability of investing in such security; and

(C) Does not engage in the business of advising a local government investment pool trust fund as to the value of securities or as to the advisability of investing in, purchasing, or selling securities and provides such advice, if at all, in a manner solely incidental to the practice of the person's profession;

(VI) Any official, employee, or representative of the United States, any state, any political subdivision of a state, or any agency or body corporate or other instrumentality thereof, acting in such person's official capacity on behalf of such entity;

(VII) Any other person or class of persons the securities commissioner designates by rule or order.

(6) "Investment adviser representative" means any individual who is a partner, officer, or director of an investment adviser, who occupies a similar status with or performs similar functions for an investment adviser, or who is employed or otherwise associated with an investment adviser, except clerical or ministerial personnel, and who:

(a) Makes any recommendations or otherwise renders advice regarding securities;

(b) Manages accounts or portfolios of clients of the investment adviser;

(c) Determines which recommendation or advice regarding securities should be given;

(d) Solicits, offers, negotiates for the sale of, or sells, investment advisory services; or

(e) Supervises employees who perform any of the duties specified in this subsection (6).

(7) "Investment advisory services" means those activities performed by a person in connection with such person's engaging in any of the activities described in paragraph (a) of subsection (5) of this section.

(8) "Local government" means any county, city and county, town, school district, special district, or other political subdivision of the state, or any department, agency, or instrumentality thereof, or any political or public corporation of the state.

(9) "Local government investment pool trust fund" means the trust fund created pursuant to section 24-75-703, that is comprised of moneys deposited by participating local governments in such trust fund and held by a custodian.

(10) "Participating local government" means a local government that participates in a local government investment pool trust fund.

(11) "Securities commissioner" means the commissioner of securities created by section 11-51-701, C.R.S.

(12) "Trust fund" means a local government investment pool trust fund.
C.R.S. § 24-33.5-113.5 — CO Code / Title 24 / Article 33.5 / Part 1 / Section 24-33.5-113.5
24-33.5-113.5. Forensic medical evidence in sexual assault cases - tracking system
Status: in_force

24-33.5-113.5. Forensic medical evidence in sexual assault cases - tracking system. (1) The department shall develop and maintain a confidential and secure statewide system, referred to in this section as "system", for victims of alleged sexual assault to monitor the status and location of their sexual assault evidence collection kit. The system must be operational by June 30, 2025. The department shall maintain and operate the system.

(2) (a) (I) If the victim of an alleged sexual assault consents to analysis of the victim's forensic medical evidence examination, the system must track the location, date, and time of the following relevant stages:

(A) Forensic medical evidence examination;

(B) Possession of their sexual assault evidence collection kit by a law enforcement agency for storage;

(C) Possession of the victim's sexual assault evidence collection kit by a forensic laboratory for analysis;

(D) Completion of the forensic laboratory's analysis of the victim's sexual assault evidence collection kit; and

(E) Earliest anticipated date of destruction of the evidence obtained from the victim's forensic medical evidence examination.

(II) If the victim of an alleged sexual assault does not consent to having the evidence obtained from the victim's forensic medical evidence examination analyzed, the relevant stages of analysis include:

(A) Forensic medical evidence examination;

(B) Possession of the victim's sexual assault evidence collection kit by a law enforcement agency for storage; and

(C) Earliest anticipated date of destruction of the evidence obtained from the victim's forensic medical evidence examination.

(b) The system must provide victims of an alleged sexual assault with information concerning:

(I) Financial assistance and compensation programs for victims of sexual assault;

(II) Up-to-date statutory and regulatory information concerning victims of an alleged sexual assault;

(III) Deadlines regarding the processing, custody, analysis, and destruction of evidence obtained from forensic medical examinations;

(IV) How a victim of alleged sexual assault may object to the destruction of forensic medical evidence pursuant to section 24-4.1-303;

(V) Contact information for the system's administrator and for the law enforcement agency storing evidence obtained from the victim of alleged sexual assault's forensic medical evidence examination; and

(VI) Community-based resources and services for victims of sexual assault.

(3) (a) Every state or local law enforcement agency, medical facility, crime laboratory, or other person or entity that supplies or performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical evidence examinations, shall participate in the system.

(b) The federal bureau of investigation, a tribal law enforcement agency located in Colorado, or a federal Indian health service located in Colorado that supplies forensic medical evidence examinations, performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical examinations may participate in the system.

(4) (a) On or after January 30, 2026, and on or before January 30 of each year thereafter, the executive director of the department shall submit a report to the judiciary committees of the house of representatives and senate, or any successor committees, including the following information from the preceding calendar year:

(I) The number of sexual assault evidence collection kits reported into the system, in total and disaggregated by the type of report;

(II) The total number of sexual assault evidence collection kits analyzed by a forensic laboratory; and

(III) The total number of sexual assault evidence collection kits pending analysis by a forensic laboratory.

(b) The department shall ensure the report does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of an individual's information.

(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (4) continues indefinitely.

(5) The department shall consult with the office of liaison for missing and murdered indigenous relatives to make recommendations to ensure the system developed pursuant to this section is accessible to victims of alleged sexual assault in a tribal jurisdiction.

(6) For the 2023-24 state fiscal year, the general assembly shall appropriate seven hundred forty-four thousand three hundred fifty-one dollars from the Colorado crime victim services fund, created pursuant to section 24-33.5-505.5, to the department for the purpose of developing and maintaining the system pursuant to this section.
C.R.S. § 24-50-1204 — CO Code / Title 24 / Article 50 / Part 12 / Section 24-50-1204
24-50-1204. Competitive pharmacy benefit manager - contract - requirements
Status: in_force

24-50-1204. Competitive pharmacy benefit manager - contract - requirements. (1) Consistent with the "Procurement Code", articles 101 to 112 of this title 24, and notwithstanding any other provision of law, the department shall enter into a contract for the services of a pharmacy benefit manager for the administration of benefits under the "State Employees Group Benefits Act", part 6 of this article 50, in a transparent, online, and dynamically competitive process and in the manner specified in this section.

(2) Prior to November 1, 2022, the department shall procure, through the solicitation of proposals from qualified professional services vendors, the following products and services based on price, capabilities, and other factors deemed relevant by the department:

(a) A technology platform with the required capabilities for conducting a PBM reverse auction. The department shall ensure that the technology platform possesses, at a minimum, the capacity to:

(I) Conduct an automated, online, reverse auction of PBM services using a software application and high-performance data infrastructure to intake, cleanse, and normalize PBM data with development methods and information security standards that have been validated by receiving SOC 2 and NIST certification or successor information technology security certifications, as identified by the office of information technology;

(II) Automate repricing of diverse and complex PBM prescription drug pricing proposals to enable direct comparison of the comparably calculated costs to the state of PBM bids using one hundred percent of annual prescription drug claims data available for state-funded health plans or a multiple health plan prescription drug purchasing group and using code-based classification of drugs from nationally accepted drug sources;

(III) Simultaneously evaluate, in real-time, diverse and complex multiple proposals from full service PBMs, including AWP, GNC, and NADAC pricing models, as well as proposals from pharmacy benefit administrators and specialty drug and rebate carve out service providers;

(IV) Produce an automated report and analysis of PBM bids, including the ranking of PBM bids based on the comparative costs and qualitative aspects of the bids within a one-hour period following the close of each round of reverse auction bidding; and

(V) Perform real-time, electronic, line-by-line, claim-by-claim review of one hundred percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract resulting from the reserve auction process; and

(b) Related services from the operator of the technology platform identified in subsection (2)(a) of this section, which shall include, at a minimum:

(I) Evaluation of the qualifications of PBM bidders;

(II) Online automated reverse auction services to support the department in comparing the pricing for the PBM procurement; and

(III) Related professional services.

(3) The department shall not award a contract for procurement of the technology platform and technology operator services to a vendor that is a PBM or a vendor that is managed by or a subsidiary or affiliate of a PBM.

(4) The vendor awarded the contract by the department shall not outsource any part of the PBM reverse auction or the automated, real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM prescription drug claims.

(5) With technical assistance and support provided by the technology platform operator, the department shall specify the terms of the participant bidding agreement. The terms of the participant bidding agreement shall not be modified except by specific consent of the department.

(6) (a) The technology platform used to conduct the reverse auction shall be repurposed over the duration of the PBM services contract as an automated pharmacy claims adjudication engine to perform real-time, electronic, line-by-line, claim-by-claim review of one hundred percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract.

(b) The department shall reconcile the electronically adjudicated pharmacy claims, as described in subsection (6)(a) of this section, with PBM invoices on a monthly or quarterly basis to ensure that state payments shall not exceed the terms specified in any PBM services contract.

(c) If following state payment to the PBM on the basis of such reconciliation, the PBM asserts that the department or its authorized representative has underpaid on the amount owed, the PBM may seek resolution through a mutually acceptable dispute resolution process, which the parties shall have agreed to previously in the terms of their contract.

(7) (a) The first PBM reverse auction shall be completed and the PBM services contract shall be awarded to the winning PBM with an effective date of July 1, 2023. Subsequent contracts must be awarded no later than three months prior to termination or expiration of the current PBM services contract for a covered group, such as the state employees benefits group, that includes only active employees and dependents, but does not include retiree participants in a medicare Part D employer group waiver program pursuant to the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003", Pub.L. 108-173.

(b) In the event an eligible covered group that includes retiree participants in a Part D employer group waiver program pursuant to the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003", Pub.L. 108-173, opts to use the processes and procedures set forth in this part 12, the relevant PBM reverse auction shall be completed and the PBM services contract shall be awarded to the winning PBM no later than six months prior to termination or expiration of the PBM services contract currently covering the retiree employer group waiver program participants.

(8) The department may perform a market check for providing PBM services during the term of the current PBM services contract, which shall be a technology-driven evaluation of the incumbent PBM's prescription drug pricing based on benchmark comparators derived from PBM reverse auction processes conducted in the United States over the previous twelve months in order to ensure continuing competitiveness of incumbent prescription drug pricing over the life of a PBM services contract.

(9) To ensure that the department does not incur additional expenditures associated with conduct of the PBM reverse auction, ongoing electronic review and validations of PBM claims, and optional periodic market checks, the department shall implement a no-pay option that obligates the winning PBM, rather than the state, to pay the cost of the technology platform and related technology platform operator services by assessing the PBM a per-prescription fee in an amount agreed to by the department and the technology operator and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract. The obligation of the winning PBM to pay the per-prescription fees shall be incorporated as a term of the participant bidding agreement and the PBM services contract awarded to the PBM reverse auction winner.

(10) (a) The processes and procedures set forth in this part 12 apply to group benefit plans provided pursuant to the "State Employees Group Benefits Act", part 6 of this article 50. This part 12 shall not apply in the case of a nonprofit, nongovernmental health maintenance organization with respect to managed care plans that provide a majority of covered professional services through a single contracted medical group.

(b) Any other self-funded public sector health plan may use the processes and procedures set forth in this part 12 individually, collectively, or as a joint purchasing group with the group benefit plans provided pursuant to the "State Employees Group Benefits Act", part 6 of this article 50.

(c) (I) After completion of the first PBM reverse auction, self-funded private sector health plans with substantial participation by Colorado employees and their dependents shall have the option to participate in a joint purchasing pool with state employees for subsequent PBM reverse auctions.

(II) The group benefit plans provided pursuant to the "State Employees Group Benefits Act", part 6 of this article 50, and any self-funded public sector health plans or self-funded private sector health plans that opt to participate with the state employees group benefits plan in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common prescription drug formulary or common prescription pharmacy benefit design. Any such entity or purchasing group shall agree, before participating in the PBM reverse auction, to accept the prescription drug pricing plan that is selected through the PBM reverse auction process.

(III) Any PBM providing services to the department, to self-funded public sector health plans, or to self-funded private sector health plans as described in this section shall provide the department and the plan access to complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.

(11) Notwithstanding section 24-50-1204 (1), the department may elect to vacate the outcome of a PBM reverse auction if the lowest cost PBM bid is not less than the projected cost trend for the incumbent PBM contract as verified by the department. The department may utilize a consultant to make the verification. The cost trend shall be projected by the technology platform operator using industry-recognized data sources and is subject to review and approval by the department in advance of the reverse auction. Methodology must be applied consistently in projection of cost and savings to the state with regard to the incumbent PBM contract and competing PBM reverse auction bids.
C.R.S. § 24-30-1501 — CO Code / Title 24 / Article 30 / Part 15 / Section 24-30-1501
24-30-1501. Legislative declaration
Status: in_force

24-30-1501. Legislative declaration. (1) The general assembly recognizes that the general liability and automobile liability insurance policies of the state of Colorado have been canceled, that no responsive bids were received, and that, as a direct result, the governor called an extraordinary session of the general assembly to address the need for a method to protect the state and its employees against claims brought under the "Colorado Governmental Immunity Act", article 10 of this title, and arising under federal law. The general assembly further recognizes that the consequences of uninsured liability of the state, including failure to respond to meritorious claims in a timely fashion and greater ultimate costs of settlement caused by failure to investigate claims in an orderly and timely manner, are undesirable. The general assembly hereby declares, therefore, that the appropriate remedy is to create a reserve fund for purposes of self-insurance of the state. The general assembly declares that the purpose of this part 15 is to create a self-insurance fund, provide a mechanism for claims adjustment, investigation, and defense, and authorize the settlement and payment of claims and the payment of judgments rendered against the state. The general assembly also recognizes that no responsible bids have been received for property insurance policies for the state of Colorado and that a method for covering loss or damage to state property is needed. The general assembly hereby declares that the appropriate remedy is to create a reserve for purposes of self-insurance of the state for loss or damage to state property. The general assembly declares that its intent is to explore, on an annual basis, the availability of commercial liability insurance policies and property damage insurance policies, considering the possibility that the insurance industry can provide coverage in the future that is less expensive than the costs of operating a risk management system and paying for claims out of the risk management fund and out of the self-insured property fund.

(2) The general assembly recognizes that liability claims arising prior to September 15, 1985, exist for which no commercial insurance coverage is available. The general assembly hereby finds and declares that the risk management system will provide an appropriate remedy for such claims and that the department of personnel should be authorized to administer such claims.

(3) The general assembly also recognizes that the provision of workers' compensation insurance for state employees has become expensive. The general assembly hereby finds and declares that the administration of workers' compensation for state employees out of a separate account in the risk management fund as a self-insurance measure is an appropriate response to the high cost of workers' compensation insurance.
C.R.S. § 24-32-731 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-731
24-32-731. Revolving loan fund - eligible projects - report - definitions - legislative dec
Status: in_force

24-32-731. Revolving loan fund - eligible projects - report - definitions - legislative declaration. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Administrator" means a third-party entity or entities that the division contracts with to administer all or any part of the loan program pursuant to subsection (2)(b) of this section.

(b) "Community partner" means a nonprofit organization that undertakes any of the activities or services described in subsection (3) of this section.

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

(d) "Eligible recipient" means a local government, a for-profit developer, a community partner, or a political subdivision of the state that applies for a loan through the loan program.

(e) "Fund" means the transformational affordable housing revolving loan fund created in subsection (9)(a) of this section.

(f) "Loan program" means the transformational affordable housing revolving loan fund program created in subsection (2)(a) of this section.

(g) "Local government" means a county, municipality, city and county, tribal government, special district organized under title 32, school district, district, or a housing authority created under part 2 of article 4 of title 29.

(2) Creation of loan program - administration. (a) The transformational affordable housing revolving loan fund program is hereby created in the division as a revolving loan program in accordance with the requirements of this section and the policies established by the division pursuant to subsection (5) of this section. The loan program is established to provide flexible, low-interest, and below-market rate loan funding to assist eligible recipients in completing the eligible loan projects identified in subsection (3) of this section.

(b) The division may administer the loan program or, if it determines that it would be more efficient and effective to contract out full or partial administration of the program, it may enter into a contract with a business nonprofit organization, bank, nondepository community development financial institution, business development corporation, nonprofit organization that administers gap financing, construction, or mortgage loan programs, or other entity as determined by the division to administer the loan program in whole or in part. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the loan program. The division may advance money to an entity under a contract in preparation in the form of a grant or payment for issuing loans and administering the loan program.

(c) The division may work with the Colorado housing and finance authority, created in section 29-4-704 (1), to assist in offering loans under the loan program.

(d) Any loan made under the loan program by the state, any department, division, or agency of the state, or any administrator to a district, as defined in section 20 (2)(b) of article X of the state constitution, must either be approved by the voters of the district in accordance with section 20 (4)(b) of article X of the state constitution or be structured so that it is not a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever that requires voter approval under section 20 (4)(b) of article X of the state constitution.

(3) Eligible loan projects. In order to receive loan funding under the loan program, the project for which the loan applicant seeks loan funding must do one or more of the following:

(a) Develop and integrate housing-related infrastructure to offset construction and predevelopment costs;

(b) Provide gap financing for housing development, including transactions under the federal low-income tax credit defined in section 39-22-2101 (7) and the affordable housing tax credit created in section 39-22-2102 (1). For purposes of this subsection (3)(b), gap financing includes financing mechanisms that allow persons seeking affordable housing to purchase existing affordable housing, multi-family structures, land, and buildings, particularly in communities where efforts have been made to encourage affordable housing development or in communities in which low concentrations of affordable housing exist.

(c) Increase the supply of new affordable for-sale housing stock by providing funding to assist with the cost of construction, including but not limited to costs associated with construction costs, land acquisition, tap fees, building permits, or impact fees;

(d) Maintain existing affordable housing through funding for the preservation and restoration of affordable housing stock through rehabilitation, retrofitting, renovation, capital improvements, and repair of current affordable housing stock, including housing made available under 42 U.S.C. sec. 1437f and affordable housing for populations and households disproportionately impacted by the COVID-19 pandemic with commitments for long-term affordability. The uses covered by this subsection (3)(d) must include investments in one or more of the following:

(I) Senior housing;

(II) The purchase of and the remediation of low-quality or condemned properties;

(III) Housing units, integrated into nonsegregated housing developments, specifically designed for people living with disabilities;

(IV) Weatherization and energy improvements to multi-family and singe-family residents to maintain and improve the quality of affordable homes and rental units;

(V) The purchase and transition of current housing stock into affordable housing, including properties currently in use on a short-term rental basis;

(VI) Programs or initiatives to ensure that existing housing remains affordable for local workforce or community households;

(VII) Land acquisition for affordable housing;

(VIII) Property conversion and adaptive reuse; or

(IX) Permanent supportive housing;

(e) Finance energy improvements in affordable housing, which will provide funding for incremental up-front costs for efficient, electric measures, and renewable energy systems for both existing buildings and new housing construction;

(f) Create permanently or long-term affordable homeownership opportunities.

(4) Loan program goals. (a) The loan program must be administered with a goal of generating enough return on loans made under the loan program to replenish the loan program for future loan allocations.

(b) All loans financed through the loan program must offer flexible terms and low-interest and below-market rates.

(5) Loan program policies - eligibility for loan funding. (a) The division or the administrator, as applicable, shall establish and publicize policies for the loan program. At a minimum, the policies must address:

(I) The process and deadlines for applying for and receiving a loan under the loan program, including the information and documentation required for a loan application;

(II) Eligibility criteria for individuals or entities applying for a loan under the loan program;

(III) The maximum assistance levels for loans;

(IV) Loan terms, including interest rates and repayment terms;

(V) Reporting requirements for loan recipients;

(VI) Loan program fees, including the application fee, origination fee, and closing cost policies;

(VII) Underwriting and risk management policies;

(VIII) The amount of any application or origination fees and closing cost policies;

(IX) The means by which eligible recipients who face barriers in establishing borrower relationships with traditional lenders will be informed of the loan program and encouraged to apply for a loan financed through the loan program; and

(X) Any additional requirements that the division deems necessary to administer the loan program.

(a.5) The application process for the loan program must be in accordance with the process set forth in section 24-32-705.7. On or before September 1, 2024, the division shall amend any policies, procedures, and guidelines for the grant program that are not consistent with the application process set forth in section 24-32-705.7.

(b) (I) In connection with the policies for the loan program that the division or the administrator is required to establish and publicize pursuant to subsection (5)(a) of this section, the policies must specify that, in order for an eligible recipient to obtain loan funding directly from the division, an eligible recipient must follow procedures that shall be specified by the division to document the amount of leveraged funds proposed or committed as part of a loan application and the amount of funding sought from other sources, including demonstrated efforts by the eligible recipient to obtain financing for loan funding from financial institutions.

(II) Notwithstanding any other provision of law, a lien filed by the division, is superior only to any other lien placed on the same assets that is filed later in time except for a lien for unpaid property taxes.

(6) Prioritization criteria. (a) The general assembly hereby encourages the division, to the extent practicable, in reviewing loan applications, to consider prioritizing applications for projects that:

(I) Increase the supply of housing in communities across the state in proportion to each community's demonstrated housing needs through:

(A) A preference for mixed-income projects in which a percentage of units, proportional to the demonstrated housing needs of the local community, within a particular development have restricted availability to households at and below the income levels specified in subsection (6)(b)(I) of this section. The percentage of restricted units and affordability levels must comply with laws enacted by local governments promoting the development of new affordable housing units pursuant to section 29-20-104 (1).

(B) Developments in which housing units are restricted at income levels demonstrated by local community needs as specified in subsection (6)(b)(I) of this section;

(II) Are located in or serve communities that:

(A) Face barriers to accessing capital from traditional sources;

(B) Have suffered significant negative financial or other impacts resulting from the COVID-19 pandemic; or

(C) Are otherwise underserved;

(III) Align with other state economic development efforts;

(IV) Create permanently affordable home ownership opportunities;

(V) Ensure the long-term affordability of any development or projects funded by the loan program;

(VI) Include units that are restricted for rental usage to persons with disabilities or that include universal design features that allow individuals to reside in their dwelling units as they age; or

(VII) Are highly energy efficient or use high-efficiency electric equipment for space and water heating. The division may consult with the Colorado energy office created in section 24-38.5-101 (1) to develop criteria for meeting the objectives described in this subsection (6)(a)(VII).

(b) (I) The rental and home ownership targets applicable to local communities across the state as required by subsection (6)(a)(I) of this section are specified in this subsection (6)(b)(I) in accordance with the following:

(A) For a household residing in housing on a rental basis, annual income of the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(B) For a household residing in housing on a home-ownership basis, annual income of the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(C) For a household residing in housing on a rental basis in rural resort counties, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; and

(D) For a household residing in housing on a home ownership basis in rural resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.

(II) An applicant seeking funding for a particular development, project, or program that is funded by the loan program may, at any time, request that the division grant the applicant an exception to the area median income levels specified in subsection (6)(b)(I) of this section based upon demonstrated unique economic and housing costs attributes in the local community in which the development, project, or program is located.

(c) (I) Not later than September 1, 2022, the division of housing, created in section 24-32-704 (1), shall classify each county in the state as "urban", "rural", or "rural resort" as used in subsection (6)(b)(I) of this section based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.

(II) Notwithstanding subsection (6)(c)(I) of this section, any county may request from the division of housing:

(A) A determination that a different income restriction should apply to that county from the one made applicable to the county in accordance with subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.

(B) At any time, a reclassification of the county from the category in which the county is initially classified pursuant to subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county.

(d) To the extent practicable, the division and the administrator, as applicable, shall support innovative funding mechanisms that allow money to revolve quickly to ensure the rapid reuse of money for ongoing projects.

(7) Publicizing the loan program. The division shall work with the minority business office created in section 24-49.5-102, small business development centers, community development financial institutions, and stakeholder partners to promote the program to eligible recipients who primarily serve communities that are underserved or disadvantaged, including eligible recipients located in rural counties. On or before December 1, 2022, the division shall develop and administer a marketing initiative for the program in coordination with the minority business office created in section 24-49.5-102, the small business assistance center created in section 24-48.5-102, local chambers of commerce, and other local and regional economic development entities to promote the program to eligible recipients and target communities. The marketing initiative shall be conducted in the top spoken languages in those communities.

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

(b) The division may expend, deploy, or leverage money received from federal government programs that support loans and investments for one or more of the eligible projects specified in subsection (3) of this section to make loans under the loan program or to otherwise market, promote, or support loans under the program, if allowed under federal law.

(9) Transformational affordable housing revolving loan fund - transfer of money to fund - payment of administrative costs - appropriation. (a) The transformational affordable housing revolving loan fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (9)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (8)(a) of this section.

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

(c) Money in the fund is continuously appropriated to the department for the purposes specified in this section. The department may expend up to five percent of the money appropriated or transferred into, or repaid from, the fund on an annual basis to pay for its direct and indirect costs in administering this section.

(d) On July 1, 2022, the state treasurer shall transfer one hundred fifty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from the general fund, to the fund. The division shall use the money transferred pursuant to this subsection (9)(d) only for:

(I) Making loans to eligible recipients pursuant to the loan program; and

(II) The costs of administering the loan program as may be incurred by the division or the administrator, as applicable, in accordance with subsection (9)(c) of this section. All such administrative costs must be paid out of the money either transferred to the fund pursuant to this subsection (9)(d) or that is appropriated to the fund.

(10) Reporting. In connection with the public report the division prepares in accordance with section 24-32-705.5 (1), the division shall include in the report information summarizing the use of all of the money that was provided as a loan from the loan program in the preceding state fiscal year. At a minimum, the information included in the report pertaining to the loan program must specify the number of eligible recipients that applied for a loan, the number of eligible recipients that were not awarded a loan, the amount of loan money distributed to each loan recipient, a description of each loan recipient's use of the loan money, the use of loan money along the housing and income spectrums, the amount of time from completion of a loan application through the funding of a loan, recommendations concerning future administration of the loan program, and how the use of the loan furthered the vision of transformational affordable housing described in the final report of the task force established in section 24-75-229 (6)(a). The division shall also include in the report its recommendations concerning future administration of the loan program.
C.R.S. § 24-7-101 — CO Code / Title 24 / Article 7 / Section 24-7-101
24-7-101. State institutions authorized to employ security officers
Status: in_force

24-7-101. State institutions authorized to employ security officers. The institutions, agencies, and departments of state government, including any institution of higher education, are hereby authorized to employ security officers to protect the property of the institution, agency, or department employing the officer and to perform other police, security, and administrative functions as may be deemed necessary.
C.R.S. § 24-32-304 — CO Code / Title 24 / Article 32 / Part 3 / Section 24-32-304
24-32-304. Advisory committee - responsibilities - sunset review
Status: repealed

24-32-304. Advisory committee - responsibilities - sunset review. (Repealed)
C.R.S. § 24-60-904 — CO Code / Title 24 / Article 60 / Part 9 / Section 24-60-904
24-60-904. Commissioner appointed - alternate
Status: in_force

24-60-904. Commissioner appointed - alternate. The commissioner of this state serving on the vehicle equipment safety commission shall be appointed by the governor from among the members of the legislative council, consistent with the provisions of section 2-3-311, C.R.S. The commissioner of this state, appointed pursuant to this section, may designate the executive director of the department of revenue to serve in his place and stead on the vehicle equipment safety commission. Subject to the provisions of the compact and bylaws of the vehicle equipment safety commission, the authority and responsibilities of the alternate shall be as determined by the commissioner designating such alternate.
C.R.S. § 24-82-401 — CO Code / Title 24 / Article 82 / Part 4 / Section 24-82-401
24-82-401. State agency for surplus property
Status: in_force

24-82-401. State agency for surplus property. There is hereby created, in the division of correctional industries in the department of corrections, a Colorado state agency for surplus property, the powers and duties of which are provided in this part 4.
C.R.S. § 24-5-102 — CO Code / Title 24 / Article 5 / Section 24-5-102
24-5-102. Employee information - student loan repayment and forgiveness programs - legisla
Status: in_force

24-5-102. Employee information - student loan repayment and forgiveness programs - legislative declaration - definitions. (1) (a) The general assembly finds and declares that:

(I) Many Coloradans have federal student loans made through the United States department of education's direct loan program or the federal family education loan program;

(II) Large amounts of student loan debt and insecurity in the job market have resulted in high student loan default rates;

(III) However, many borrowers qualify for loan repayment programs that allow for lower monthly payments;

(IV) In addition, there are federal programs that allow borrowers to have their loans forgiven after working for a certain period of time in the public sector, as a teacher, or for a nonprofit public service organization;

(V) The federal consumer financial protection bureau has a toolkit and resources to help employers assist their employees in accessing the federal programs;

(VI) As a public sector employer, Colorado can help qualified employees access federal loan repayment and loan forgiveness programs for which they may qualify by providing information to its employees about these federal programs; and

(VII) Further, school districts, the state charter school institute, local governmental entities, and nonprofit public service organizations can assist their employees by providing information about these federal programs.

(b) Therefore, the general assembly declares that employees will benefit from receiving information about federal student loan programs that provide assistance through loan repayment options or loan forgiveness.

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

(a) "Public service loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.219.

(b) "Teacher loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.217.

(3) (a) On or before December 31, 2019, the department of personnel shall develop informational materials described in subsection (3)(e) of this section to increase awareness of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment options, including income-sensitive repayment programs. In lieu of developing the informational materials, the department of personnel may provide materials published by a federal agency that include the required information.

(b) On or before January 1, 2020, and on or before January 1 each year thereafter, the department of personnel shall facilitate the distribution of the informational materials to:

(I) All state employees;

(II) The department of education, for distribution to each school district and board of cooperative services and to the state charter school institute for the benefit of teachers employed by a school district, a district charter school, a board of cooperative services, or by an institute charter school;

(III) The department of higher education, for distribution to the governing board for each state institution of higher education for the benefit of employees of state institutions of higher education;

(IV) The secretary of state, for posting the informational materials on the secretary of state's website for distribution to nonprofit public service organizations, as defined in 34 CFR 685.219, for the benefit of the employees of nonprofit public service organizations; and

(V) The division of local government in the department of local affairs, for distribution to local governmental entities, as defined in section 24-32-104 (1)(m)(II).

(c) In addition to annual distribution, the department of personnel shall facilitate the distribution of the informational materials to newly hired state employees as part of its employee orientation process.

(d) The department of personnel may distribute the informational materials to state employees or human resources directors through an e-mail or as part of a mailing or regular communication to state employees.

(e) The information provided pursuant to this section must include a summary of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment programs, including who may be eligible for the programs, steps that an eligible employee must take in order to participate in the programs, and a recommendation that employees contact their student loan servicer or private education lender or an ombudsman at the state, if one exists, for additional information.

(f) The department of personnel shall make the informational materials available on the department of personnel's website. The department of personnel shall verify the information's accuracy at least annually and update the informational materials as necessary. The department of personnel shall distribute updated informational materials to the entities included in subsection (3)(b) of this section.
C.R.S. § 24-60-507 — CO Code / Title 24 / Article 60 / Part 5 / Section 24-60-507
24-60-507. Administration
Status: in_force

24-60-507. Administration. The executive director of the department of corrections shall administer this part 5.
C.R.S. § 24-80-204 — CO Code / Title 24 / Article 80 / Part 2 / Section 24-80-204
24-80-204. Employees
Status: in_force

24-80-204. Employees. The board of directors of the society shall appoint its employees and fix their salaries, subject to the provisions and exemptions of section 13 of article XII of the state constitution; but for the purposes of this part 2, all officers, curators, assistant curators, and teachers of the society, so designated by the board of directors, are hereby declared, as a matter of legislative determination, to be officers and teachers in an educational institution and therefore not under the state personnel system.
C.R.S. § 24-65.5-102 — CO Code / Title 24 / Article 65.5 / Section 24-65.5-102
24-65.5-102. Definitions - legislative declaration
Status: in_force

24-65.5-102. Definitions - legislative declaration. As used in this article 65.5, unless the context otherwise requires:

(1) "Applicant" means a person who submits an application for development to a local government.

(1.5) "Affiliate" means a person controlling, controlled by, or under common control with another person and any officer, director, shareholder, member, partner, or owner of any such person.

(2) (a) "Application for development" means an initial application for a sketch plan, a preliminary or final plat for a subdivision, a planned unit development, or any other similar land use designation that is used by a local government. "Application for development" includes applications for general development plans and special use permits or any applications for zoning or rezoning to a planned unit development that would change or create lot lines where such applications are in anticipation of new surface development, but does not include amendments to an urban growth boundary, applications for annexation and zoning, applications for zoning or rezoning that will not change or create lot lines, an application for development that is a special use permit for the extraction of construction materials, as that term is defined in section 34-32.5-103, C.R.S., building permit applications, applications for a change of use for an existing structure, applications for boundary adjustments, applications for platting of an additional single lot, applications for lot site plans, or applications with respect to electric lines, crude oil or natural gas pipelines, steam pipelines, chilled and other water pipelines, or appurtenances to said lines or pipelines.

(b) (I) The general assembly hereby finds that:

(A) Pursuant to section 2-4-202, C.R.S., statutes are presumed to have only prospective effect, and under applicable case law this presumption applies unless the general assembly's contrary intent is clearly expressed; and

(B) House Bill 01-1088, which enacted this article, did not contain an applicability clause and was silent with regard to the issue of whether the requirements of this article apply to applications for development that were pending on July 1, 2001, the effective date of House Bill 01-1088.

(II) The general assembly hereby determines that, notwithstanding the fact that House Bill 01-1088 did not clearly express any intent of the general assembly that the requirements of this article would apply retroactively, there is uncertainty concerning whether such requirements should apply retroactively.

(III) To clarify its intent, the general assembly hereby declares that this article was intended to apply, and should only be applied, to applications for development that were filed on or after July 1, 2001, except as specified in subparagraphs (IV) and (V) of this paragraph (b).

(IV) To further clarify its intent, the general assembly hereby declares that the provisions of section 24-65.5-103 as amended on August 3, 2007, are intended to apply, and should only be applied, to applications for development where the initial public hearing had not been held prior to August 3, 2007, and that nothing in section 24-65.5-103 shall be deemed to supersede or modify the provisions of any surface use agreement or the provisions of any oil and gas or mineral lease entered into prior to August 3, 2007.

(V) To further clarify its intent, the general assembly hereby declares that nothing in this article shall be deemed to affect or establish the application of the doctrine of reasonable accommodation to determine the respective rights and obligations of the surface owner or mineral estate owner except upon lands that are qualifying surface developments burdened by oil and gas operations areas under section 24-65.5-103.5.

(2.5) "Commission" means the energy and carbon management commission created in section 34-60-104.3 (1).

(2.6) "Drilling window" means an area established by the commission within which the surface location of a well or wells may be established. In the greater Wattenberg area, such drilling windows are referred to generally as the "GWA window" and more specifically as the "four-hundred-foot window" and the "eight-hundred-foot window".

(2.7) "Governmental quarter section" means an area, approximately square, consisting of four contiguous quarter-quarter sections as defined by an official governmental survey.

(2.8) "Greater Wattenberg area" means those lands from and including townships 2 south to 7 north and ranges 61 west to 69 west of the sixth principal meridian.

(3) "Local government" means a county; a home rule or statutory city, town, or city and county; or a territorial charter city.

(4) "Mineral estate" means a mineral interest in real property that is shown by the real estate records of the county in which the real property is situated.

(5) "Mineral estate owner" means the owner or lessee of a mineral estate underneath a surface estate that is subject to an application for development.

(5.5) "Oil and gas operations" has the meaning established in section 34-60-103, C.R.S.

(5.6) "Oil and gas operations area" means an area designated pursuant to section 24-65.5-103.5 as the exclusive area for the conduct of oil and gas drilling and production operations and the location of associated production facilities in qualified surface developments.

(5.7) "Qualifying surface development" means an application for development covering at least one hundred sixty gross acres, plus or minus five percent, within the greater Wattenberg area, including any applications for development filed by affiliates sharing a common boundary, in whole or in part.

(6) "Surface estate" means a fee title interest in the surface of real property that may or may not include mineral rights as shown by the real estate records of the county in which the real property is situated.

(7) "Surface owner" means the owner of the surface estate and any person with rights under a recorded contract to purchase all or part of the surface estate.
C.R.S. § 24-48.5-133 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-133
24-48.5-133. Rural opportunity office - creation - duties - legislative declaration
Status: in_force

24-48.5-133. Rural opportunity office - creation - duties - legislative declaration. (1) (a) The general assembly hereby finds and declares that:

(I) Rural Colorado is crucially important to the culture and economy of the entire state; however, rural communities face economic challenges that are not experienced in more urban areas;

(II) Rural communities do not benefit from the economies of scale or diversification found in larger, metropolitan regions;

(III) Most rural communities are missing foundational data, strategies, capacity, and connections to planning and implementation resources to help them respond, innovate, and diversify from a prevalence of single-industry economies;

(IV) An extended support system that provides consistent economic development education, technical assistance, and implementation funding is desperately needed in rural Colorado where local leadership positions turn over more rapidly than in urban areas;

(V) Every rural community is different, and outreach and programming needs to be customized to an individual community's needs, conditions, and capacity;

(VI) Rural economic development and business support require personal connections in addition to targeted programs to support long-term resilience;

(VII) There is a demonstrated need in the state for a centralized office to help connect communities with the wide range of rural-focused recovery programming resulting from state and federal stimulus efforts;

(VIII) Since the rural opportunity office began its work in the office of economic development in 2019, the rural opportunity office has:

(A) Provided critical community-specific support to the state's rural areas and built important individual connections with rural stakeholders;

(B) Provided support to the state's rural partners by connecting them to relevant programs provided by the office of economic development and aligned state, federal, nonprofit, and private partner agencies and organizations and facilitated collaboration with state agencies regarding rural issues; and

(C) Provided feedback to improve state programs that provide assistance to rural Colorado and informed the development of new initiatives, policy decisions, and legislation that influences rural economic development statewide;

(b) Therefore, the general assembly finds and declares it to be the policy of the state to continue to:

(I) Increase the economic resiliency of rural Colorado with coordinated, on-the-ground outreach to rural communities across the state;

(II) Increase access to specific and customized education, technical assistance, and implementation funding provided to rural communities; and

(III) Coordinate messaging and relationship building with rural communities to increase access to the office of economic development and other state and federal programs to benefit the health and vitality of rural Colorado.

(c) The general assembly further finds and declares that the rural opportunity office, as codified by this section, is the division within the office of economic development that is best situated to effectively curate and present to rural stakeholders the full scope of the programs available through the office, the state, and federal partners to foster and promote rural prosperity in the state.

(2) The rural opportunity office is hereby created within the office of economic development. The director of the rural opportunity office is designated by and shall report to the director of the office of economic development.

(3) The rural opportunity office shall:

(a) Serve as Colorado's central coordinator of rural economic development matters with certain staff physically located in rural communities across Colorado. In particular, the rural opportunity office shall coordinate the programs and initiatives available to rural communities through the office, connect rural communities to grant writing technical support opportunities, and provide support and coordination with other state agencies and programs that deal with rural economic development matters, including the just transition office created in section 8-83-503 (1).

(b) Work with coal transitioning communities to explore unique business and economic development opportunities, including working with coal transitioning communities and state agencies to access federal, state, and local funding sources for those unique business and economic development opportunities. The director and coal transitioning communities may work in coordination with state agencies, including but not limited to the just transition office created in section 8-83-503 (1), the division of local government in the department of local affairs, federal agencies, and community nonprofits.

(c) Make recommendations that inform the governor's policy on rural economic development matters, including policy on economic development issues unique to rural communities;

(d) Measure the success of program outreach and conduct research to determine whether Colorado's rural communities receive more statewide funding as a result of the efforts of the rural opportunity office; and

(e) In coordination with county commissioners, municipal officials, local chambers of commerce and economic development organizations, institutions of higher education, private industry, an employee organization representing rail workers, and any local organizations dedicated to increased rail usage, pursue opportunities for new, early stage, and existing businesses and support business and industry development and economic diversification in coordination with workforce training opportunities and existing state and federal programs that are designed for coal transition communities.
C.R.S. § 24-109-103 — CO Code / Title 24 / Article 109 / Part 1 / Section 24-109-103
24-109-103. Stay of procurements
Status: in_force

24-109-103. Stay of procurements. A contract resulting from a request for proposals is not awarded until any protest made in connection with the request for proposals has been resolved pursuant to section 24-109-102 (2).
C.R.S. § 24-36-202 — CO Code / Title 24 / Article 36 / Part 2 / Section 24-36-202
24-36-202. Legislative declaration
Status: repealed

24-36-202. Legislative declaration. (Repealed)
C.R.S. § 24-35-112 — CO Code / Title 24 / Article 35 / Part 1 / Section 24-35-112
24-35-112. Legal adviser
Status: in_force

24-35-112. Legal adviser. The attorney general is the legal adviser for the department of revenue and has control of all matters relating to the interpretation of law, commencement of legal proceedings, and conduct of legal actions for the enforcement and collection of delinquent taxes, assessments, and licenses referred to him or her for collection. A member of the attorney general's staff shall not receive any payment of state taxes, assessments, or licenses.
C.R.S. § 24-31-1301 — CO Code / Title 24 / Article 31 / Part 13 / Section 24-31-1301
24-31-1301. Definitions
Status: in_force

24-31-1301. Definitions. As used in this part 13, unless the context otherwise requires:

(1) "Division of labor standards and statistics" means the division of labor standards and statistics in the department of labor and employment created pursuant to section 8-1-103.

(2) "Division of unemployment insurance" means the division of unemployment insurance in the department of labor and employment created pursuant to section 8-71-101.

(3) "Unit" means the worker and employee protection unit created in section 24-31-1302.
C.R.S. § 24-51-1702 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1702
24-51-1702. Definitions
Status: in_force

24-51-1702. Definitions. As used in this part 17, unless the context otherwise requires:

(1) "Accredited service" shall have the same meaning as set forth in section 24-51-1704.

(2) "Active service", as used in determining eligibility to receive benefits, as contrasted with determination of the amount thereof, means all periods of service that qualify as accredited service. Additionally, for employees appointed or reappointed on or after December 1, 1945, a maximum of ten years of civilian service, of a similar kind, in a tax-supported institution other than the district, referred to in this subsection (2) as "outside service", may count as active service; except that any service purchased together with any such outside service shall not exceed a maximum of ten years in calculating active service. No part of said outside service shall apply if earned while on leave from the district. Whenever the term "active service" is used with reference to civilian service of a similar kind of a regular or casual employee with any tax-supported institution other than the district, said active service shall be determined in a manner consistent with the definition of active service with the district. Periods of service in a charter school shall count as active service if such service is also counted as accredited service. Effective January 1, 1996, all service performed with the district or with a charter school and that meets the definition of accredited service shall be treated as if it were civilian service in a tax-supported institution other than the district, as provided in this subsection (2), if it is not counted as accredited service.

(3) "Annual compensation" means the established contractual salary rate for a regular employee on an annual basis for regularly assigned services, before any deductions. Special stipends and extra pay for additional assignments not on the basis of the regular established contractual salary rate shall not be deemed a part of annual compensation. For compensation received on and after January 1, 2010, annual compensation shall be governed by section 24-51-101 (42) for purposes of determining benefits under this part 17.

(4) "Annuity" means that portion of the benefit attributable to funds provided by normal or arrearage contributions or both made by a contributing or affiliate member.

(5) "Attained age" means the age attained upon a particular birthday.

(6) "Basic retirement allowance" means total retirement allowance excluding the annual retirement allowance adjustment.

(7) "Board of education" means the board of education of Denver public schools.

(8) "Career average salary" means the average of the applicable regular annual salary rates for the entire time of accredited service for regular employees.

(9) "Casual employee" means any part-time or temporary employee of the district or of a charter school who received or receives payment in the form of wages or salary from the district or charter school. Payment of fees for contracted services to an independent contractor shall not be considered salary or wages. Any employee who is a regular employee shall not at the same time be a casual employee.

(10) "Charter schools" means schools created pursuant to the "Charter Schools Act", part 1 of article 30.5 of title 22, C.R.S., that are a part of the Denver public schools and that are accountable to the board of education as complying with the purposes and requirements of said act.

(11) "Consumer price index" or "CPI" means the index, calculated by the United States department of labor, in the national consumer price index for urban wage earners and clerical workers.

(12) "Contributing service" means that portion of service for which an employee has paid the normal contribution, including any regular interest that would have been credited upon said contribution prior to the payment thereof by the member, together with an amount equal to the pension assessment, if applicable, that would have been payable during such service.

(13) "Covered employment" means the employment of any regular or casual employee who is compensated by wages or salary paid by the district or by a charter school approved by the district. "Noncovered employment" means employment outside of the district or outside of a charter school approved by the district. Service in the armed forces of the United States is included in "noncovered employment".

(14) "District" means school district no. 1 in the city and county of Denver and state of Colorado and is used synonymously with the term "Denver public schools". Unless explicitly stated otherwise in the text, the term "district" also includes those schools that are part of the Denver public schools and that are accountable to the board of education as charter schools and shall also include the Denver public schools retirement system. For clarity or emphasis, there are references in certain sections to both the district and a charter school. The lack of such a dual reference shall not, however, be interpreted to change the foregoing definition as to any other sections.

(15) "Earned service" means service equal to the greater of a member's active or accredited service on January 1, 2004, calculated in accordance with the applicable provisions of this plan as it existed immediately prior to January 1, 2004. Following December 31, 2003, a member's earned service shall be used in lieu of active or accredited service in determining both the eligibility for and the amount of retirement benefits under the DPS plan. On and after January 1, 2010, earned service shall be governed by section 24-51-501.

(16) "Employee contribution" means any funds, other than the pension assessment, payable and paid hereunder by a contributing or affiliate member. The following additional terms are applicable to the term "employee contribution":

(a) "Accumulated contributions" means the balance in a member's account of normal arrearage or additional contributions and regular interest credits thereon. The pension assessment is not a part of accumulated contributions.

(b) "Arrearage contribution" means any contribution in excess of the normal contribution that is required of and paid by contributing or affiliate members.

(c) "Normal contribution" means the required payment by a contributing or affiliate member of a portion of compensation into the system retirement trust fund.

(17) "Highest average salary" means the average monthly compensation of the thirty-six months of accredited service having the highest rates, multiplied by twelve, or the "career average salary", whichever is greater, and shall be applied to benefits, except for benefits under sections 24-51-1727 to 24-51-1731, attributable to retirement or death on or after July 1, 1994. For benefits under sections 24-51-1727 to 24-51-1731, "highest average salary" applies to cases where termination of service occurs on or after July 1, 1994. This subsection (17) shall apply only to DPS members eligible for a retirement benefit as of January 1, 2011. For DPS members not eligible for a retirement benefit as of January 1, 2011, the definition of "highest average salary" specified in section 24-51-101 (25)(b)(V) and (25)(b)(VI) shall apply.

(18) "Job sharing" means the occupation of a single staff position by two employees who receive annual compensation on the active payroll of the district, with each assignment being half-time for the entire contractual work year. Job sharing shall also mean the occupation of a less-than-full-time but greater-than-half-time position by one employee who receives annual compensation on the active payroll of the district and who has no other assignment with the district. Job sharing shall not include the occupation of a position by a person who is a casual employee.

(19) "Membership" means the relationship a regular or casual employee has in the DPS plan and shall consist of the following:

(a) "Affiliate member" means any casual employee who, pursuant to the provisions of this plan, has applied for affiliate membership and whose application has been accepted. "Affiliate member" includes any casual employee of a charter school or of the retirement system who applies for affiliate membership and whose application is accepted.

(b) "Annuitant" means a person who is receiving a retirement allowance.

(c) "Beneficiary" means a person or supplemental needs trust who has received, receives, or is designated to receive benefits accruing as a result of an employee's membership.

(d) "Contributing member" means a regular employee of the district on December 1, 1945, and any employee hired as a regular employee on or after said date, except an employee who, pursuant to the plan adopted by the board of education on November 19, 1945, elected associate membership and has not subsequently become a contributing member as permitted under the plan. The term "contributing member" includes a regular employee of a charter school and a regular employee of the system.

(e) "Deferred member" means a former employee of the district who:

(I) Is not an annuitant who, on or before December 31, 2008, terminated employment with the district and who has on file an election and declaration of intent to apply for a deferred retirement allowance; or

(II) On or after January 1, 2009, terminated employment with the district and has not requested a refund of such member's accumulated contributions.

(f) "Supplemental needs trust" means a valid third-party special needs trust established for a member's or retiree's child as the beneficiary of the trust that complies with the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S., and the federal "Social Security Act", as amended. The department of health care policy and financing shall review any trust established during determination or redetermination of an individual's eligibility for medical assistance and specifically as to the effect of any trust on such eligibility for medical assistance. The trust must be for the benefit of a single beneficiary and must be coterminous with the lifetime of such beneficiary.

(20) "Money purchase monthly annuity" means the monthly annuity that is the actuarial equivalent of a lump sum amount.

(21) "Monthly compensation" means annual compensation divided by twelve.

(22) "Monthly crediting method" means the way in which earnings on member accounts are calculated and credited at the end of a calendar month based upon the accumulated contributions in the member's account at the beginning of that month pursuant to provisions of the DPS plan.

(23) "Nonqualified service" means any noncovered employment that does not include:

(a) Service as an employee of the United States government, any state or political subdivision thereof, or any agency or instrumentality of any of the foregoing;

(b) Service as an employee of a public, private, or sectarian elementary or secondary school;

(c) Service as an employee of an association of employees who are described in paragraph (a) of this subsection (23); or

(d) Service in the armed forces of the United States.

(24) "Normal retirement age" means the attainment of age sixty-five.

(25) "Outside service" means civilian service of a similar kind, in a tax-supported institution other than the district. Substantiation of outside service must be initiated as of July 1, 2009, or it cannot be applied to earned service for purposes of meeting regular retirement eligibility, pursuant to the provisions of this part 17 regarding earned service. Substantiation of such service must be completed on or prior to December 31, 2009.

(26) "Pension" means the portion of the benefit attributable to funds provided by the district.

(27) "Permanently incapacitated" means an incapacitating condition that is demonstrably permanent and prevents the employee from performing assigned duties subject to accommodation required in accordance with applicable law or reasonably imposed by the district. This subsection (27) applies only for purposes of determining eligibility for disability benefits for applications filed under the DPS plan prior to January 1, 2010.

(28) "Permitted absence" means any authorized and unpaid absence, other than severance of employment; except that no absence in excess of thirty consecutive calendar days shall be deemed permitted unless the authorization therefor shall be in writing, signed by an appropriate administrative official or by authorization of the district. Regardless of any time factor, no absence continued after written notice to return shall be deemed a permitted absence.

(29) "Primary percentage" shall be the product obtained by multiplying the unit benefit percentage factor by the total number of years and months of accredited service. Months shall be expressed as fraction with the number of months as the numerator and twelve as the denominator. The primary percentage shall be rounded to the nearest one-hundredth of a percent. Multiplying the primary percentage by the highest average salary as defined in subsection (17) of this section or career average salary, whichever is applicable, results in the annual retirement allowance expressed as a single life annuity and known as option A.

(30) "Regular employee" means any employee who receives annual compensation on the active payroll of the district and whose employment by the district represents the employee's principal gainful occupation and requires so substantial a portion of time that it is impractical to follow any other substantially gainful occupation. Absence of a regular employee on a permitted absence shall not change the employee's status as a regular employee. Any employee who is a casual employee shall not at the same time be a regular employee.

(31) "Regular interest" means, on and after January 1, 2010, the rate set by the association's board as provided in section 24-51-407 (4) and as may be periodically adjusted. On or before December 31, 2009, "regular interest" means the rates specified in the DPS plan document.

(32) "Reserve" means the present value of payments to be made on account of any benefit provided in this plan and computed upon the basis of such mortality tables and interest assumptions as may, from time to time, be approved.

(33) "Reserve for employees to be retired" means the reserve that is part of the system retirement trust fund and identifies the amount of moneys set aside to provide for the basic benefits that are anticipated to be payable to currently active members or to those members who have already elected deferred retirement benefits but who, because of age, are not yet actually receiving such benefits.

(34) "Retirement allowance" or "total retirement allowance" means the initial benefit for a benefit that becomes effective on or after January 1, 2010. For a benefit that became effective before January 1, 2010, "retirement allowance" means the total benefit payable as of June 30, 2010, including the sum of the initial benefit, accumulated annual increases, and cost of living increases.

(35) "Retirement plan" means the retirement and benefit plan contained in this part 17.

(36) "Supplement" or "special supplement" means postretirement increases in total retirement allowance to certain qualified annuitants and beneficiaries.

(37) "Tax-supported institution" means a governmental entity or agency that either has the power to levy taxes or that receives governmental appropriations as such an entity or agency.

(38) "Total temporary disability" means absence from work and temporary inability to perform assigned duties as a result of personal injury incurred in the scope and course of employment as determined by the district.

(39) "Unit benefit percentage factor" means the percentage used as the factor for one year of accredited service. The unit benefit percentage factor shall be one and two-thirds percent from July 1, 1962, to January 1, 1980. The unit benefit percentage factor shall be one and seventy-five one-hundredths percent effective January 1, 1980; one and ninety one-hundredths percent effective January 1, 1981; two percent effective January 1, 1982; two and seven one-hundredths percent effective January 1, 1988; two and twenty-five one-hundredths percent effective July 1, 1998; and two and one-half percent effective January 1, 2001. The unit benefit percentage applicable to a deferred retirement shall be that in effect on the actual date on which the employment of such member by the district finally terminated. In all other retirements, the unit benefit percentage factor shall be that in effect on the effective date of such retirement.
C.R.S. § 24-71.3-110 — CO Code / Title 24 / Article 71.3 / Section 24-71.3-110
24-71.3-110. Effect of change or error
Status: in_force

24-71.3-110. Effect of change or error. (1) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(a) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

(b) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(I) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(II) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(III) Has not used or received any benefit or value from the consideration, if any, received from the other person.

(c) If neither paragraph (a) nor paragraph (b) of this subsection (1) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.

(d) Paragraphs (b) and (c) of this subsection (1) may not be varied by agreement.
C.R.S. § 24-90-112 — CO Code / Title 24 / Article 90 / Part 1 / Section 24-90-112
24-90-112. Tax support - elections
Status: in_force

24-90-112. Tax support - elections. (1) (a) (I) If the electors of the governmental unit approve a tax levy, the legislative body of any incorporated city or town is hereby authorized to levy the tax for municipal libraries upon real and personal property for the establishment, operation, and maintenance of a public library.

(II) If the electors of the governmental units approve a tax levy, the board of county commissioners of any of the several counties is hereby authorized to levy the tax for county libraries or library districts upon real and personal property for the establishment, operation, and maintenance of county libraries or library districts.

(III) (Deleted by amendment, L. 2003, p. 2458, § 12, effective August 15, 2003.)

(IV) The tax authorized by section 24-90-110.7 (3)(f) and (3)(h) may be levied in addition to any other tax the participating governmental entities levy for the support of their own public libraries.

(V) The board of education of a school district that began levying a tax for the operation and maintenance of a school district supported public library before the enactment of the "Colorado Library Law" on July 1, 1979, is authorized to continue to levy such tax for said purposes, subject to the limitations set forth in paragraph (b) of this subsection (1).

(b) (I) (A) Except as otherwise provided under sub-subparagraph (B) of this subparagraph (I), the legislative body for the specified governmental unit shall submit, after notice, the question of any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors for the establishment, operation, and maintenance of public libraries to a vote of the registered electors residing in the unit or that portion of a library district within the unit, as the case may be, at the next general election, or on the election held on the first Tuesday in November of odd-numbered years.

(B) The board of education of a school district shall submit, after notice, the question of any amount of tax levy not previously established by resolution for the operation and maintenance of school district supported public libraries to a vote of the registered electors residing in the school district at the next general election on the first Tuesday in November of odd-numbered years. For purposes of this subsection (1), "school district supported public library" means any library solely established and maintained by a school district for which such school district began levying a tax before the enactment of the "Colorado Library Law" on July 1, 1979.

(II) (Deleted by amendment, L. 2003, p. 2458, § 12, effective August 15, 2003.)

(III) Notwithstanding the authorization contained in paragraph (a) of this subsection (1) and in addition to the provisions of subparagraph (I) of this paragraph (b), upon request of the board of trustees of the municipal or county library or the library district, or upon resolution of the legislative body of the city or town by its own initiative in the case of a municipal library, of the board of education of the school district by its own initiative in the case of a school district supported public library, or of the board of county commissioners by its own initiative in the case of a county library or library district, the legislative body of the city or town, the board of education of the school district, or the board of county commissioners shall cause to be submitted to a vote of the registered electors residing within the library's legal service area a proposition containing the desired maximum tax levy specified in the request or resolution.

(IV) Following a vote by the people in which a maximum mill levy has been set for the support of a municipal or county library or a library district, such levy shall remain in effect, subject to the requirements of section 29-1-301, C.R.S., until the people have established by subsequent vote pursuant to the provisions of this section a change in the levy. For a school district that began levying a tax for the operation and maintenance of a school district supported public library before the enactment of the "Colorado Library Law" on July 1, 1979, such mill levy shall remain in effect until the people have established, by subsequent vote pursuant to the provisions of this section, a change in the levy.

(2) (a) The treasurer of the governmental unit in which such library is located or, if a library district has been established embracing parts or all of more than one county, the treasurer of the county containing the largest valuation for assessment of property for tax purposes of the said district shall be the custodian of all moneys for the library, whether derived from taxation, gift, sale of library property, or otherwise. All moneys generated for library purposes shall be credited to a special fund in the office of said treasurer to be known as the public library fund. The fund, together with all interest income that accrues thereon on and after July 1, 1991, shall be used only for library purposes.

(b) (Deleted by amendment, L. 2003, p. 2458, § 12, effective August 15, 2003.)

(c) If requested by the board of trustees, the treasurer designated as custodian of the library's money pursuant to paragraph (a) of this subsection (2) may transfer moneys into the custody of the board, but the board shall carry insurance for such purpose, make monthly accountings to said treasurer, and cause an annual audit to be performed and submitted to said treasurer with respect to the board's management of said moneys.

(3) Approval of any tax levy not previously established by resolution or ordinance nor previously approved by the electors shall conform to the requirements of section 20 of article X of the state constitution.
C.R.S. § 24-82-407 — CO Code / Title 24 / Article 82 / Part 4 / Section 24-82-407
24-82-407. Funds transferred
Status: in_force

24-82-407. Funds transferred. The state treasurer shall hold the funds of the state agency separate and distinct from state funds for the use and purposes defined in this part 4, and the state treasurer is authorized to make disbursements from such funds for the purposes designated or for administrative costs, upon warrants drawn by the controller upon vouchers signed by the director or deputy director of the state agency.
C.R.S. § 24-31-310 — CO Code / Title 24 / Article 31 / Part 3 / Section 24-31-310
24-31-310. Resources for the training of peace officers - peace officers in rural jurisdict
Status: in_force

24-31-310. Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration. (1) The general assembly hereby finds and declares that Colorado peace officers risk their lives every day in the normal course of their duties. On the roads and highways and throughout the state, peace officers are expected to make quick and difficult decisions that concern both public and officer safety. The general assembly further finds and declares that good training is crucial for peace officers to make decisions that are in the best interests of the health and safety of the citizens of Colorado. The general assembly recognizes that the P.O.S.T. board oversees peace officer training programs and that in the past the state has provided funding for such training programs. The general assembly further recognizes that the state has not provided funding for peace officer training programs since 1992, and that the lack of state funding has had a significant impact on the training of peace officers in the state. Therefore, it is the intent of this section to reimplement state funding for peace officer training programs and to enable the P.O.S.T. board to provide substantial training for peace officers who serve the citizens of Colorado.

(2) The money collected and transferred to the P.O.S.T. board cash fund pursuant to section 42-3-304 (24) must be used to provide training programs for peace officers, especially peace officers in rural and smaller jurisdictions that have limited resources due to the size or location of such jurisdictions. The money must be used and distributed pursuant to subsection (3) or (4) of this section.

(3) The money collected and transferred to the P.O.S.T. board cash fund pursuant to section 42-3-304 (24) must be used and distributed as determined by the P.O.S.T. board. The money in the fund must be used to pay the salary and benefits of any employee hired by the department of law in order to administer the peace officer training programs and to cover any other costs incurred by the P.O.S.T. board in connection with such programs. Under no circumstance shall general fund money be used to cover such costs incurred by the department of law or the P.O.S.T. board.

(4) (a) Subject to the available money collected, transferred to, and remaining in the P.O.S.T. board cash fund, the P.O.S.T. board may establish a scholarship program for law enforcement agencies in rural and smaller jurisdictions with limited resources due to their size or location to assist the agencies with the payment of tuition costs for peace officer candidates to attend an approved basic law enforcement training academy. A person whose tuition costs to attend an approved basic law enforcement training academy were paid for pursuant to this subsection (4) must be employed for at least three years by a law enforcement agency in a rural and small jurisdiction after attending the approved basic law enforcement training academy or the person shall reimburse the cost of attending the basic law enforcement training academy to the P.O.S.T. board.

(b) The P.O.S.T. board shall promulgate rules as may be necessary to implement and administer the scholarship program.

(c) As used in this subsection (4), unless the context otherwise requires, "rural" means an area defined or designated as rural by the federal office of management and budget.
C.R.S. § 24-33.5-515 — CO Code / Title 24 / Article 33.5 / Part 5 / Section 24-33.5-515
24-33.5-515. Statewide automated victim information and notification system - legislative dec
Status: in_force

24-33.5-515. Statewide automated victim information and notification system - legislative declaration. (1) The general assembly finds and declares that:

(a) The federal department of justice offered grants to help establish statewide automated victim information and notification systems;

(b) A Colorado statewide association of county sheriffs applied for and received grants to establish a statewide automated victim information and notification system and recently received an additional grant to upgrade the system;

(c) The system allows crime victims and other concerned citizens to access timely and reliable information about criminal cases and the custody status of offenders twenty-four hours a day over the telephone, through the internet, or by electronic mail;

(d) The system is available for any county that wishes to participate and also includes the division of youth services;

(e) Although the federal grants were sufficient to establish the system, there is no funding source for the ongoing expenses of operating the system; and

(f) The division is in the best position to distribute funding for the system and to monitor its effectiveness.

(2) The general assembly may annually appropriate from the general fund to the division money for the operation of the statewide automated victim information and notification system. The division must distribute money appropriated to the division by the general assembly for the operation of the statewide automated victim information and notification system to be used by the county sheriffs, the division of youth services, and other departments or agencies.
C.R.S. § 24-92-303 — CO Code / Title 24 / Article 92 / Part 3 / Section 24-92-303
24-92-303. Definitions
Status: in_force

24-92-303. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Construction" means the construction, alteration, or repair of an energy sector public works project, consistent with and including the same limitations as the definition of construction as established in section 45 (b)(7)(a) of the federal "Internal Revenue Code of 1986", as amended, and as described in all related official guidance from the federal internal revenue service and the United States department of labor implementing the applicable sections of the federal "Inflation Reduction Act".

(2) "Cooperative electric association" has the same meaning as set forth in section 40-9.5-102 (1).

(3) "Craft labor" means employees who are engaged in the construction of an energy sector public works project, including all trades, crafts, and occupations, and who are paid hourly.

(4) "Craft labor certification" means all documentation and certification of payroll required for an energy sector public works project in accordance with the requirements of section 24-92-115 (7) and part 2 of this article 92.

(5) (a) "Energy sector public works project" means any project in the state that:

(I) Has the purpose of generating, transmitting, or distributing electricity or natural gas to provide energy to Colorado individual consumers and businesses, is built by or for a public utility, including any project for which energy is purchased through a power purchaser or similar agreement, and is funded in whole or in part by:

(A) The state, through direct funding, loans, loan guarantees, land transfers, tax assistance, including tax credits, deductions, or incentives, or other assistance allocated or appropriated by the state; or

(B) Utility customer funding as approved in any proceeding conducted by the public utilities commission as part of an electric resource acquisition or requests for certificates of convenience and necessity for construction or expansion of a project, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants; or

(II) Has the purpose of generating or distributing electricity or natural gas for the purposes of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association.

(b) "Energy sector public works project" includes the following project types, so long as they satisfy the criteria in subsection (5)(a)(I) or (5)(a)(II) of this section:

(I) Power generation with a nameplate generation capacity of one megawatt or higher, including generation sourced from wind, solar, geothermal, hydrogen, nuclear, or bioenergy, or any project that generates electricity from the combustion of oil, gas, or other fossil fuels or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher; and

(II) Other projects with a total project cost of one million dollars or more that include:

(A) Pollution controls;

(B) Utility gas distribution;

(C) Electric transmission projects;

(D) Geothermal systems that are used to provide heat or heated water or that operate as thermal systems or thermal networks as defined in law;

(E) Electric vehicle charging infrastructure installations;

(F) Hydrogen-related infrastructure construction projects;

(G) Any project that transports or stores carbon dioxide captured from power generation; and

(H) Any other construction projects covered by this part 3.

(6) "Federal prevailing wage and apprenticeship requirements" means the requirements under:

(a) Sections 45 (b)(7) and (8) of title 26 of the United States Code, whether applicable directly or under a provision of the federal "Internal Revenue Code of 1986", as amended, that applies such sections of the United States Code; or

(b) Sections 48 (a)(10) and (11) of title 26 of the United States Code, whether applicable directly or under a provision of the federal "Internal Revenue Code of 1986", as amended, that applies such sections of the United States Code.

(7) "Federal "Inflation Reduction Act"" means the federal "Inflation Reduction Act of 2022", United States Code, title 26, including but not limited to sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D, and associated implementing rules and guidance promulgated by the United States department of the treasury and the United States internal revenue service, as the statute and implementing rules and guidance may be amended from time to time.

(8) "Lead contractor" means a general contractor, construction manager, developer, design builder, or other party that is primarily responsible to a public utility or independent power producer for performing construction under a contract for an energy sector public works project.

(9) "Project labor agreement" means a prehire collective bargaining agreement between a lead contractor and construction labor organizations, including but not limited to the Colorado building and construction trades council and its affiliates or a group of labor unions covering the affected trades necessary to perform work on a project, that establishes the terms and conditions of employment of the construction workforce on an energy sector public works project. A project labor agreement must include provisions that:

(a) Set forth effective, immediate, and mutually binding procedures for resolving jurisdictional labor disputes and grievances arising before the completion of work;

(b) Contain guarantees against strikes, lockouts, or similar actions;

(c) Ensure a reliable source of trained, skilled, and experienced construction craft labor;

(d) Further public policy objectives regarding improved employment opportunities for minorities, women, or other economically disadvantaged populations in the construction industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;

(e) Permit the selection of the lowest qualified responsible bidder or lowest qualified responsible offeror without regard to union or non-union status at other construction sites;

(f) Bind all contractors and subcontractors on the energy sector public works project to the project labor agreement through the inclusion of appropriate bid specifications in all relevant contract documents; and

(g) Include other terms as the parties deem appropriate.

(10) "Public utility" has the same meaning as set forth in section 40-1-103.
C.R.S. § 24-33.5-705 — CO Code / Title 24 / Article 33.5 / Part 7 / Section 24-33.5-705
24-33.5-705. Office of emergency management - creation
Status: in_force

24-33.5-705. Office of emergency management - creation. (1) The office of emergency management is created within the division of homeland security and emergency management in the department of public safety. The office of emergency management exercises its powers, duties, and functions as a type 2 entity, as defined in section 24-1-105. Pursuant to section 13 of article XII of the state constitution, the director of the division of homeland security and emergency management shall appoint a director as head of the office of emergency management.

(2) The office of emergency management shall create a comprehensive emergency management program that includes policies, plans, and procedures that address the preparation, prevention, mitigation, response, and recovery from emergencies and disasters. The office shall prepare, maintain, and keep the program current in order to meet the needs of the state.

(3) The office of emergency management shall take part in the development and revision of local and interjurisdictional emergency management plans prepared under section 24-33.5-707. To this end the office of emergency management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their emergency management agencies, and interjurisdictional planning agencies. Such personnel shall consult with political subdivisions and emergency management agencies and shall make field examinations.

(4) In preparing and revising the state emergency management program, the office of emergency management shall ensure a participatory process that includes the assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, academia, other state government agencies, and community leaders.

(5) The state emergency management program or any part thereof may be incorporated in regulations of the office of emergency management or executive orders that have the force and effect of law.

(6) The office of emergency management may do all things necessary for the implementation of this section, including:

(a) Hiring personnel;

(b) Contracting with federal, state, local, and private entities;

(c) Accepting and expending federal funds.

(7) Whenever the office of emergency management or the division of emergency management in the department of local affairs is referred to or designated by any contract or other document, such reference or designation shall be deemed to apply to the office of emergency management in the division of homeland security and emergency management in the department of public safety.

(8) (a) Effective July 1, 2012, the office of emergency management in the division of homeland security and emergency management in the department of public safety shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the division of emergency management in the department of local affairs.

(b) (I) On July 1, 2012, all positions of employment in the division of emergency management in the department of local affairs shall be transferred to the office of emergency management in the division of homeland security and emergency management in the department of public safety and shall become employment positions therein.

(II) On July 1, 2012, all employees of the division of emergency management in the department of local affairs shall be considered employees of the office of emergency management in the division of homeland security and emergency management in the department of public safety. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous.

(III) On July 1, 2012, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the division of emergency management in the department of local affairs are transferred to the office of emergency management in the division of homeland security and emergency management in the department of public safety and shall become the property thereof.

(c) Unless otherwise specified, whenever any provision of law refers to the division of emergency management, that law shall be construed as referring to the office of emergency management in the division of homeland security and emergency management in the department of public safety.

(d) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the division of emergency management in the department of local affairs, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties, is abated by reason of the transfer of duties and functions in this section.
C.R.S. § 24-4.1-104 — CO Code / Title 24 / Article 4.1 / Part 1 / Section 24-4.1-104
24-4.1-104. District attorney to assist board - repeal
Status: repealed

24-4.1-104. District attorney to assist board - repeal. (1) The district attorney and the district attorney's legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1.

(2) (a) The district attorney for the eighteenth judicial district and the district attorney's legal and administrative staff shall assist the crime victim compensation board for the twenty-third judicial district in the establishment of procedures for performance of its duties pursuant to this part 1 until the district attorney for the twenty-third judicial district assumes office.

(b) This subsection (2) is repealed, effective July 1, 2025.
C.R.S. § 24-30-2303 — CO Code / Title 24 / Article 30 / Part 23 / Section 24-30-2303
24-30-2303. Office of sustainability - creation - duties
Status: in_force

24-30-2303. Office of sustainability - creation - duties. (1) The office of sustainability is hereby created in the department. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The office shall work with state agencies to implement sustainable practices.

(2) The powers, duties, and functions of the office include:

(a) Providing leadership to and requiring accountability from state agencies regarding ongoing sustainability initiatives;

(b) Developing baseline metrics and goals for the reduction of negative environmental impacts and tracking state agencies' performance toward achieving those goals;

(c) Tracking the amount of money the state saves as a result of implementing sustainable practices;

(d) Seeking and applying for federal funding and other grant opportunities that would support state agencies' sustainable practices;

(e) Assisting state agencies in implementing sustainable procurement methods and introducing options for environmentally preferable products or services to state agencies;

(f) Assisting state agencies in installing energy-efficient equipment and fixtures;

(g) Assisting state agencies in meeting building performance standards such as those administered by the Colorado energy office;

(h) Coordinating and assisting in planning and constructing state agencies' electric vehicle charging infrastructure and ensuring utilization of such infrastructure;

(i) Instituting water reduction initiatives for state agencies, including but not limited to:

(I) The installation of water-conserving fixtures and water-wise plants on state property;

(II) The conversion of nonnative grasses to xeriscape in accordance with the principles of water-wise landscaping, with an emphasis on native plants, set forth in section 37-60-135 (2)(l); and

(III) The reduction of nonfunctional turf and encouragement of water-efficient sustainable landscaping practices at state facilities;

(j) Assisting state agencies in transitioning from gas-powered to electric equipment;

(k) Implementing statewide waste diversion practices to increase state agencies' recycling rates;

(l) Developing commuting opportunities for state employees that reduce greenhouse gas emissions and other pollution;

(m) Assisting state agencies in developing training programs to educate state employees on sustainable practices; and

(n) Conducting other activities as directed by the general assembly or the governor.
C.R.S. § 24-72.1-107 — CO Code / Title 24 / Article 72.1 / Section 24-72.1-107
24-72.1-107. State auditor - report
Status: repealed

24-72.1-107. State auditor - report. (Repealed)
C.R.S. § 24-33.5-1220 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1220
24-33.5-1220. Funds available - emergency fire fund - wildland fire equipment repair fund - wi
Status: in_force

24-33.5-1220. Funds available - emergency fire fund - wildland fire equipment repair fund - wildland fire cost recovery fund - creation - gifts, grants, and donations authorized - rules. (1) The governor's emergency fund may be used for the purpose of preventing and suppressing forest and wildland fires, in accordance with part 7 of this article.

(2) (a) There is hereby created in the state treasury the emergency fire fund, which fund shall be administered by the division, in accordance with paragraph (b) of this subsection (2), to fund emergency responses to wildfires. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes indicated in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(b) The division shall use the moneys in the emergency fire fund to provide funding or reimbursement for wildfires in accordance with memoranda of understanding with participating public entities.

(3) There is hereby created in the state treasury the wildland fire equipment repair cash fund, which fund shall be administered by the division to fund the costs of fire equipment maintenance and repair. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes set forth in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(4) (a) There is hereby created in the state treasury the wildland fire cost recovery fund, to be administered by the division for personnel and operating expenses associated with wildland fire suppression activities. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this subsection (4). The fund consists of all moneys recovered for the division's expenditures for wildland fire suppression, moneys that may be appropriated thereto by the general assembly, and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. The fund is noninterest-bearing. The moneys in the fund are hereby continuously appropriated for the purposes set forth in this subsection (4). Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(b) Notwithstanding any limitation on the amount of advances set forth in section 24-75-203 (2), the controller may authorize an advance without interest in any amount to be made to the division to provide it with working capital for the operation of wildland fire suppression activities to which wildland fire cost recovery fund moneys are allocated pursuant to this subsection (4).

(5) Notwithstanding any provision of law to the contrary, the funds established under subsections (2), (3), and (4) of this section are exempt from the limitations set forth in section 24-75-402.

(6) (a) Notwithstanding any other provision of law, a fire department is eligible for reimbursement for wildland fire suppression activities within the jurisdiction or designated boundaries of the fire department from the governor's emergency fund and the wildland fire cost recovery fund if:

(I) The fire department relies solely or primarily on volunteer firefighters to provide fire protection services, as determined under guidelines adopted by the division in the annual wildfire preparedness plan required by section 24-33.5-1227 (2)(a);

(II) The wildland fire exceeds the capabilities of the fire department to control or extinguish; and

(III) The mutual aid period for that fire has ended.

(b) The fire department must use money received pursuant to this subsection (6) to compensate volunteer firefighters pursuant to guidelines adopted by the division in the annual widlfire preparedness plan required by section 24-33.5-1227 (2)(a).

(c) The division and each county sheriff's office shall modify any intergovernmental agreements governing reimbursement for wildland fire suppression activities as necessary to allow reimbursement in accordance with this subsection (6).

(d) The director may promulgate rules as necessary to implement this subsection (6).
C.R.S. § 24-48.5-132 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-132
24-48.5-132. Innovative housing incentive program - report - legislative declaration - defini
Status: in_force

24-48.5-132. Innovative housing incentive program - report - legislative declaration - definitions. (1) The general assembly finds and declares that:

(a) Colorado is experiencing a lack of affordable housing at critical levels. The state continues to attract new residents and jobs, but with this growth has come ever-increasing housing prices, placing unsustainable demands on our limited housing stock. These underlying issues have only been exacerbated by the COVID-19 pandemic.

(b) The general assembly approved House Bill 21-1329, enacted in 2021, which directed the executive committee of the legislative council to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformative changes in the area of housing;

(c) By subsequent executive committee resolution, the affordable housing transformational task force and subpanel (task force), made up of legislators, executive branch members, and nonlegislative members including industry experts, was formed to provide funding and policy recommendations to:

(I) Address the issue of affordable housing;

(II) Achieve the goals outlined by the committee that were developed in accordance with section 24-75-229 (6); and

(III) Support Coloradans and their housing needs; and

(d) The task force recommended that the general assembly create a program to provide direct funding for innovative housing businesses through grants that reimburse operating expenses, incentives for per-unit development, and loans for factory development to further grow the innovative housing industry in the state and create jobs in the industry, to increase the supply of affordable housing units in the state, and to lower the cost of affordable housing for local governments and organizations.

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

(a) "Coal transition community" has the same meaning as set forth in section 8-83-502 (1).

(b) "Division" means the division of housing created in section 24-32-704.

(c) "Fund" means the innovative housing incentive program fund created in subsection (5) of this section.

(d) "Innovative housing business" means a new or existing business in Colorado with five hundred or fewer employees that:

(I) Manufactures one or more manufactured homes, as defined in section 24-32-3302 (20); or

(II) Manufactures housing in any other manner that the office determines to be innovative and eligible for funding including, but not limited to, prefabricated panelized construction, which may include structural insulated panels or insulating concrete forms, 3D-printed housing, kit homes installed on a permanent foundation, or tiny homes installed on a permanent foundation.

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

(f) "Program" means the innovative housing incentive program created in subsection (3) of this section.

(g) (I) "Tiny home" means a structure that:

(A) Is permanently constructed on a vehicle chassis;

(B) Is designed for long-term residency;

(C) Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home;

(D) Is not self-propelled; and

(E) Has a square footage of not more than four hundred square feet.

(II) "Tiny home" does not include:

(A) A manufactured home;

(B) A recreational park trailer as defined in section 24-32-902 (8);

(C) A recreational vehicle as defined in section 24-32-902 (9);

(D) A semitrailer as defined in section 42-1-102 (89); or

(E) An intermodal shipping container.

(3) (a) There is created within the office the innovative housing incentive program to support innovative housing businesses through funding from grants and loans and the growth of affordable housing. The office shall use the money specified in subsection (5) of this section for the purposes set forth in subsections (3)(b) and (4) of this section, in addition to any related administrative expenses.

(b) In addition to the provisions set forth in subsection (4) of this section, the office shall establish a process for innovative housing businesses to apply for a grant or a loan under the program, including application deadlines, the information and documentation required to be submitted to the office to demonstrate eligibility for a grant or a loan, and any other requirements determined by the director of the office to be necessary. The office shall consult with the division, industry experts, and stakeholders to establish the process outlined in this subsection (3)(b). The office may contract with one or more third parties to administer the program.

(4) (a) The office may award grants for operating expenses on a basis of no more than twenty percent of demonstrated operating expenditures and in an amount not less than fifty thousand dollars; except that, for an innovative housing business located in a coal transition community the amount shall be not less than seventy-five thousand dollars. The office may consult with the division, industry experts, and stakeholders to consider other areas warranting an amount not less than seventy-five thousand dollars, including but not limited to concentrated areas with limited economic opportunity and inadequate or poor-quality housing. Grants awarded for operating expenses may be used for operating expenses including, but not limited to, payroll, inventory, or materials.

(b) (I) Except as otherwise provided in subsection (4)(b)(III) of this section, the office may award grants for performance-based, per-unit incentives for units manufactured by an innovative housing business and installed in Colorado. Grants for performance-based, per-unit incentives may be used directly by the innovative housing business or may be passed on to any supply chain participant as a reduced cost or benefit for that participant.

(II) The office shall establish the incentives for which a unit manufactured by an innovative housing business may qualify, which may vary, and may include as consideration for a base incentive different levels of affordability to the end user, with additional cumulative incentives for installation in certain areas of the state as identified by the office, resiliency criteria, compliance with international energy conservation code requirements, or energy efficiency such as pre-wiring for solar improvements, home energy rating system score of fifty or less, and near net-zero energy efficiency. The office, in consultation with the division, industry experts, and other stakeholders, may determine other opportunities for additional incentives. In order to identify certain areas of the state eligible for additional cumulative incentives pursuant to this subsection (4)(b)(II), the office may consider whether the area has limited economic opportunity or inadequate or poor-quality housing, whether the area has a lack of housing inventory, especially workforce housing, due to population migration from urban areas, and other relevant data as determined by the office.

(III) An innovative housing business is not eligible to receive any grant for performance-based, per-unit incentives set forth in this subsection (4)(b) for units installed in a mobile home park, as defined in section 38-12-201.5 (6), that is owned by a for-profit entity or for-profit individuals.

(c) (I) The office may award loans to fund a new privately owned housing factory or the expansion of an existing privately owned housing factory located in the state by an innovative housing business that produces a percentage of affordable housing units that are installed in the state. The office may establish loans, or a portion of loans, awarded through the program as revolving loans.

(II) In consultation with the division, the office shall:

(A) Establish a fair and rigorous open competition process among eligible applicants to award loans; and

(B) Review loan applications and the approval of loan awards, which may include negotiations with an applicant.

(III) Parameters and eligibility to be considered for a loan under the program may include, but are not limited to:

(A) An applicant's willingness to dedicate a portion of its production for purchase by nonprofit or public housing agencies at a reduced price or margin or a portion of its production for purchase by individuals or organizations providing affordable home ownership opportunities, including opportunities that promote long-term affordability;

(B) An applicant's operational capability and financial viability and sustainability;

(C) The level of subsidy required by the applicant in the interest rate structure, the degree to which the loan is forgivable, position in the capital stack, or other terms of the loan;

(D) An applicant's commitment to production of affordable housing units within the proposed factory;

(E) The economic impact of the proposed factory in the community where it will be located, including job creation; or

(F) An applicant's commitment to production of energy efficient units within the proposed factory.

(IV) The office and the division shall collaborate on reviewing loan applications and the approval of loan awards. In connection with the review of loan applications and awards, the office shall solicit input from a stakeholder group that includes representatives from the office, the division, geographically diverse industry experts, affordable housing experts, and other relevant stakeholders.

(V) The office may contract with a third-party entity, such as the Colorado housing and finance authority created in section 29-4-704 (1), to administer program loans. If the office contracts with the Colorado housing and finance authority, the office may do so without a competitive procurement process. Loan terms and agreements shall be set by the third-party entity in accordance with the terms agreed to in the loan application review and negotiation process.

(5) (a) The innovative housing incentive program fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (5)(e) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (5)(b) of this section.

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

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

(d) Money in the fund is continuously appropriated to the office for purposes specified in this section. The office may expend up to two percent of the money transferred to the fund pursuant to subsection (5)(e) of this section on an annual basis to pay for its direct and indirect costs in implementing and administering this section.

(e) On July 1, 2022, the state treasurer shall transfer forty million dollars of money from the affordable housing and home ownership cash fund, created in section 24-75-229 (3)(a), that originates from the general fund to the fund.

(6) (a) On or before September 1, 2022, and on or before September 1 of each year thereafter, innovative housing businesses participating in the program shall provide an annual report to the office. The report shall include:

(I) The number of units the innovative housing business built in the year;

(II) The number of units built by the innovative housing business and installed in the state;

(III) The number of net new jobs in the state created by the innovative housing business; and

(IV) Any other information required or requested by the office.

(b) On or before November 1, 2022, and on or before November 1 of each year thereafter, the office shall submit a report detailing the expenditure of money from the fund to the general assembly. At a minimum, the report must include information for the past fiscal year concerning:

(I) The number of innovative housing businesses applying to the program;

(II) The percentage of applicants funded and average rate of funding under the program, including detail on what type of housing the innovative housing businesses that receive funding manufacture; and

(III) The geographic distribution of the applicants for and recipients of grants and loans.

(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the reports required in this subsection (6) continues indefinitely.
C.R.S. § 24-82-703 — CO Code / Title 24 / Article 82 / Part 7 / Section 24-82-703
24-82-703. Seller
Status: in_force

24-82-703. Seller. (1) The seller under any additional financed purchase of an asset or certificate of participation agreement entered into by the director pursuant to the provisions of this part 7 shall be any for-profit or nonprofit corporation, trust, or commercial bank as trustee.

(2) On and after August 11, 2010:

(a) The director is authorized to execute on behalf of the nonprofit corporation abolished by Senate Bill 10-122, enacted in 2010, any documents related to any additional financed purchase of an asset or certificate of participation agreement for which said nonprofit corporation was the seller pursuant to this part 7;

(b) The director is authorized to expend moneys of the nonprofit corporation abolished by Senate Bill 10-122, enacted in 2010, as is necessary and appropriate to wind up the affairs of the nonprofit corporation. After receiving written notification from the director that the affairs of the nonprofit corporation have been concluded, the state treasurer shall transfer the remaining balance of any account in the state treasury containing moneys of the nonprofit corporation to the general fund.

(c) The state treasurer is authorized to accept on behalf of the nonprofit corporation abolished by Senate Bill 10-122, enacted in 2010, any revenues to which the nonprofit corporation would otherwise be legally entitled. Any revenues so received by the state treasurer shall be credited to the general fund.
C.R.S. § 24-1-104 — CO Code / Title 24 / Article 1 / Section 24-1-104
24-1-104. Policy-making authority and administrative powers of governor - delegation
Status: repealed

24-1-104. Policy-making authority and administrative powers of governor - delegation. (Repealed)
C.R.S. § 24-21-618 — CO Code / Title 24 / Article 21 / Part 6 / Section 24-21-618
24-21-618. Conduct of bingo games
Status: reserved

24-21-618. Conduct of bingo games. (1) In the playing of bingo, only persons who are physically present on the premises where the game is actually conducted may participate as players in the game.

(2) (a) A person shall not act as a caller or assistant to the caller in the conduct of any game of bingo unless the person has been a member in good standing of the bingo-raffle licensee conducting the game or one of its licensed auxiliaries for at least three months immediately prior to the date of the game, is of good moral character, and never has been convicted of a misdemeanor involving gambling or any felony.

(b) An owner, co-owner, or lessee of premises or, if a corporation is the owner of the premises, any officer, director, or stockholder owning more than ten percent of the outstanding stock must not be a person responsible for or assisting in the holding, operating, or conducting of any game of bingo.

(3) (a) The equipment used in the playing of bingo and the method of play must be such that each card has an equal opportunity to win. The objects or balls to be drawn must be essentially the same as to size, shape, weight, balance, and all other characteristics that may influence their selection. All objects or balls must be present in the receptacle before each game begins. All numbers announced must be plainly and clearly audible to all the players present. Where more than one room is used for any one game, the receptacle and the caller must be present in the room where the greatest number of players are present, and all numbers announced must be plainly audible to the players in the aforesaid room and also audible to the players in the other rooms.

(b) The receptacle and the caller must be visible to all the players at all times except where more than one room is used for any one game, in which case subsection (3)(a) of this section applies.

(c) The particular arrangement of numbers required to be covered in order to win the game and the amount of the prize must be clearly and audibly described and announced to the players immediately before each game begins.

(d) An operator shall not reserve or allow to be reserved any bingo cards for use by players except braille cards or other cards for use by legally blind players. A person who is legally blind may use personal braille cards when a licensed organization does not provide such cards. A licensed organization may inspect and reject any personal braille card. A person who is legally blind or an individual with a disability may use a braille card or hard card in place of a purchased disposable paper bingo card.

(e) Any player may call for a verification of all numbers drawn at the time a winner is determined and for a verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the member designated to be in charge of the occasion, but if that member is also the caller, then in the immediate presence of any officer of the licensee.

(4) When any merchandise prize is awarded in a game of bingo, its value is its current retail price. A merchandise prize is not redeemable or convertible into cash directly or indirectly.

(5) (a) Notwithstanding the limitations stated in section 24-21-617 (5), during a bingo occasion a bingo-raffle licensee may also start a single game of progressive bingo, in an amount established by rule by the licensing authority, in which the game is won when a previously designated arrangement of numbers or spaces on the card or sheet is covered within a previously designated number of objects or balls drawn. If the game is not won within the drawing of the previously designated number of objects or balls, the game must be replayed either during each subsequent occasion the licensee conducts at the same location or during each subsequent occasion that falls on the same day of the week at the same location, using the previously designated arrangement of numbers or spaces.

(b) A bingo-raffle licensee may award a consolation prize for a game of progressive bingo. The bingo-raffle licensee determines the amount of the consolation prize. Notice of the amount must be conspicuously displayed before the beginning of the bingo-raffle occasion, and the amount is included as part of the aggregate amount of all prizes offered or given in games played on a single occasion, as set forth in subsection (5)(a) of this section. If a consolation prize is offered and the progressive prize is not won, the game continues until the previously designated arrangement of numbers or spaces on the card or sheet is covered, regardless of the number of balls drawn, in order to determine the winner of the consolation prize. If a consolation prize is not offered, the progressive game ends when the last of the previously designated number of balls is drawn and must be replayed in accordance with subsection (5)(a) of this section. If a consolation prize is offered and the progressive prize is won, the licensee may opt to award the consolation prize during that occasion. If the consolation prize is awarded, the licensee must include the total amount of the consolation prize in the total amount of any subsequent games offered in the session, not to exceed the maximum allowed for the occasion.

(c) A bingo-raffle licensee may fund a secondary jackpot from ten percent of the gross proceeds collected from the sale of progressive cards or sheets at the occasion where the game is offered. Notwithstanding the limitation stated in subsection (5)(a) of this section, the amount in the secondary jackpot may be used to start a single game of progressive bingo after a previous progressive jackpot is won.

(d) The licensing authority may establish by rule the maximum jackpot that may be awarded in a progressive bingo game; except that the maximum jackpot must be at least fifteen thousand dollars.

(e) The licensing authority may establish by rule the maximum number of progressive bingo games, not less than one, that may be conducted during an occasion. In order to ensure that all prizes offered are timely awarded, the licensing authority may limit by rule the number of occasions in which a progressive bingo game may be conducted before a prize must be awarded; except that the maximum number of occasions must be at least thirty.

(6) (a) Equipment, prizes, and supplies for games of bingo must not be purchased or sold at prices in excess of the usual price thereof. A licensee shall not sell or offer for sale any game of chance, or supplies for a game of chance, that is not authorized by this part 6 or by rules adopted by the licensing authority pursuant to this part 6.

(b) Cards and sheets that are designed or intended for use with electronic devices used as aids in the game of bingo shall not be purchased or sold at prices in excess of the usual price of cards and sheets that are not designed or intended for use with electronic devices used as aids in the game of bingo. Charges imposed by any manufacturer, supplier, agent thereof, or bingo-raffle licensee for cards and sheets that are designed or intended for use with electronic devices used as aids in the game of bingo shall be stated and imposed separately from any charges imposed by the manufacturer, supplier, agent thereof, or bingo-raffle licensee for the purchase, lease, or use of electronic devices used as aids in the game of bingo. Manufacturers, suppliers, and their agents shall not include costs attributable to the manufacture or distribution of electronic devices used as aids in the game of bingo in charges imposed for the purchase or lease of equipment, including cards and sheets.

(7) (a) If a card or sheet is played with the aid of an electronic device, a winning bingo may be determined and verified either by reference to the card or sheet or by reference to the electronic device. Nothing in this part 6 authorizes the playing of bingo solely by means of an electronic device.

(b) A bingo-raffle licensee shall adequately mark, destroy, or dispose of cards or sheets played with the aid of an electronic device in order to prevent the reuse of those cards or sheets.

(c) The licensing authority may establish by rule the maximum number of bingo cards that a bingo player who plays using the aid of an electronic device is permitted to use with the aid of such a device per game; except that the maximum number must be at least one hundred.

(d) A bingo-raffle licensee is not required to use or offer the use of electronic devices used as aids in the game of bingo during a bingo session.

(8) (a) With the application for a letter ruling pursuant to section 24-21-605 (1)(d) for the approval of a new type of electronic device used in the aid of bingo, the manufacturer of the device must provide the following to the licensing authority:

(I) A prototype of the new type of electronic device used in the aid of bingo with a prototype bingo aid computer system and a user's manual used for such electronic device; and

(II) A certification by the manufacturer that the new type of electronic device used in the aid of bingo and all such electronic devices used in the state meet the following standards:

(A) The electronic device provides a means for the input of numbers announced by a bingo caller;

(B) The electronic device compares the numbers entered to the numbers contained on bingo cards previously stored in the electronic database of the electronic device;

(C) The electronic device identifies winning bingo patterns; and

(D) The electronic device signals when a winning bingo pattern is achieved.

(b) The licensing authority shall return the prototype electronic device used in the aid of bingo, the prototype bingo aid computer system, and the user's manual submitted pursuant to subsection (8)(a)(I) of this section no later than forty-five days after receiving the items.

(c) When a complaint regarding an electronic device used in the aid of bingo that is in use in the state of Colorado has been filed with the licensing authority, the manufacturer of the device shall provide to the licensing authority a sample of the device and bingo aid computer system to assist the investigation by the licensing authority. The licensing authority shall return the electronic device and bingo aid computer system no later than forty-five days after receiving them unless they are needed longer to complete the investigation.

(d) Any electronic device used in the aid of bingo, bingo aid computer system, or user's manual for such a device that is in the custody of the licensing authority pursuant to this section is not a public record.

(9) A bingo aid computer system used by a bingo-raffle licensee for bingo sessions must meet the following standards:

(a) The system must contain a record of all transactions occurring during a bingo-raffle session. The record must be retained in memory until the transactions have been totaled, printed, and cleared by the bingo-raffle licensee, regardless of whether the power supply has been interrupted.

(b) The system must be able to compute and total all transactions processed by the system during a bingo-raffle session and to print all information required by the licensing authority, in the form prescribed by the licensing authority.

(c) The system must maintain and control the time, date of sale, and transaction number, keeping the information secure enough that only a manufacturer's qualified personnel can change or reset the information. The manufacturer's qualified personnel shall retain a detailed record for each service call that involves a change of the time, date of sale, or transaction number.

(10) If an electronic device used as an aid in the game of bingo complies with subsections (8)(a)(II)(A) to (8)(a)(II)(D) of this section, and if the bingo aid computer system for the electronic device substantially complies with the requirements of subsection (9) of this section, the licensing authority shall approve the electronic device and computer system for use by a letter ruling pursuant to section 24-21-605 (1)(d).

(11) In the conduct of any strip bingo game or any occasion that includes a strip bingo game:

(a) A bingo-raffle licensee may use any style of strip bingo game authorized by this part 6 or by the rules adopted pursuant to this part 6;

(b) The maximum prize for a strip bingo game must not exceed one thousand dollars;

(c) Both strip bingo games and traditional bingo games may be played during the same occasion; and

(d) The total amount of prizes awarded for all bingo games at a single occasion must not exceed fifteen thousand dollars.