C.R.S. § 24-32-3207 — CO Code / Title 24 / Article 32 / Part 32 / Section 24-32-3207
24-32-3207. Colorado heritage communities fund - creation - source of funds
Status: repealed

24-32-3207. Colorado heritage communities fund - creation - source of funds. (1) There is hereby created in the state treasury the Colorado heritage communities fund, which fund is administered by the director and which consists of all money appropriated to the fund by the general assembly, money transferred from the general fund and the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the fund pursuant to subsection (6) of this section, and all other money collected by the office for the fund from federal grants or other contributions, grants, gifts, bequests, or donations received from other agencies of state government, individuals, private organizations, or foundations. Such money shall be transmitted to the state treasurer to be credited to the fund.

(2) Repealed.

(3) Any moneys in the fund not expended or encumbered from any appropriation at the end of any fiscal year shall remain available for expenditure in the next fiscal year without further appropriation.

(4) Except as otherwise provided in section 24-75-226 (4)(c)(II), all money, including interest and income earned on the investment or deposit of money in the fund, shall remain in the fund and shall not revert to the general fund of the state at the end of any fiscal year.

(5) Repealed.

(6) (a) On June 27, 2021, or as soon as practicable thereafter, the state treasurer shall transfer:

(I) Thirty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the Colorado heritage communities fund created in subsection (1) of this section; and

(II) Nine million three hundred thousand dollars from the general fund to the Colorado heritage communities fund created in subsection (1) of this section.

(b) The division of local government in the department shall use the money transferred pursuant to subsection (6)(a) of this section, and any money that is transferred from the ARPA refinance state money cash fund to the Colorado heritage communities fund pursuant to section 24-75-226.5 to refinance money that was transferred to the Colorado heritage communities fund pursuant to subsection (6)(a)(I) of this section, for the creation, implementation, and administration of the local government affordable housing development incentives grant program created in section 24-32-130 (2) in accordance with the requirements of section 24-32-130.

(c) On June 27, 2021, or as soon as practicable thereafter, the state treasurer shall transfer:

(I) Five million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the Colorado heritage communities fund created in subsection (1) of this section; and

(II) Two million one hundred thousand dollars from the general fund to the Colorado heritage communities fund created in subsection (1) of this section.

(d) The division of local government in the department shall use the money transferred pursuant to subsection (6)(c) of this section for the creation, implementation, and administration of the local government planning grant program created in section 24-32-130 (5) in accordance with the requirements of section 24-32-130. With respect to any money transferred into the Colorado heritage communities fund pursuant to subsection (6)(c) of this section, the division may use any money that is unexpended or unencumbered as of June 30, 2023, for purposes of the local government affordable housing development incentives grant program created in section 24-32-130 (2) as needed in accordance with section 24-32-130.
C.R.S. § 24-56-108 — CO Code / Title 24 / Article 56 / Section 24-56-108
24-56-108. Authority of the department of local affairs
Status: in_force

24-56-108. Authority of the department of local affairs. (1) The department of local affairs shall administer and implement the uniform policy for all relocation assistance for all nonhighway federally assisted programs and projects.

(2) (a) Notwithstanding any provision of this article to the contrary, the department of transportation has the primary authority to administer acquisition and relocation assistance for all highway and highway-related programs or projects on the state highway system. The department of transportation also has authority to coordinate and administer acquisition and relocation assistance for all highway and highway-related programs or projects which are not on the state highway system to the extent provided in paragraph (b) of this subsection (2).

(b) Each state agency has the primary authority to perform acquisition and relocation assistance within its jurisdiction for federally assisted highway and highway-related programs and projects for streets and roads which are not on the state highway system. In the event that the department of transportation, as the state agency responsible for monitoring and administering the use of federal highway funds, determines that such performance by another state agency will jeopardize distribution of federal highway assistance funds to the state or that such action is necessary to comply with federal highway administration policy or procedures, then the department of transportation has the authority to perform the acquisition and relocation assistance for any federally assisted highway or highway-related program or project for streets and roads which are not on the state highway system or to require that the state agency with jurisdiction for that highway program or project perform such acquisition and relocation assistance under the supervision and direction of the department of transportation. Prior to exercising the authority of this paragraph (b), the department of transportation will comply with procedures previously agreed to with the affected state agency, including, but not limited to, setting a contact person for the project, providing written notice of the basis of such determination or action, and meeting with the affected agency to discuss possible remedial measures.

(3) The executive director of the department of transportation shall adopt such rules and regulations as may be necessary to assure:

(a) That the payments and assistance authorized by this article are administered in a manner which is fair and reasonable and as uniform as practicable;

(b) That a displaced person who makes proper application for a payment authorized for such person by this article is paid promptly after a move or, in hardship cases, paid in advance; and

(c) That any person aggrieved by a determination as to eligibility for a payment authorized by this article or the amount of a payment may have his application reviewed by the head of the acquiring agency.

(4) The department of transportation may use the provisions of this article for programs or projects on the state highway system funded from the state highway fund.
C.R.S. § 24-51-1009.5 — CO Code / Title 24 / Article 51 / Part 10 / Section 24-51-1009.5
24-51-1009.5. Annual increase amount changes
Status: in_force

24-51-1009.5. Annual increase amount changes. When the actuarial funded ratio of the association, based on the actuarial value of assets, is at or above one hundred three percent as determined in the annual actuarial study of the association, the upper limit of the annual increase shall be increased by one-quarter of one percent.
C.R.S. § 24-33.5-705.2 — CO Code / Title 24 / Article 33.5 / Part 7 / Section 24-33.5-705.2
24-33.5-705.2. Resiliency and community recovery program
Status: in_force

24-33.5-705.2. Resiliency and community recovery program. Subject to available grant funding, the Colorado resiliency office created in section 24-32-121 shall create a resiliency and community recovery program as provided in section 24-32-122 to provide long-term, lasting solutions and efforts for resiliency.
C.R.S. § 24-60-1106 — CO Code / Title 24 / Article 60 / Part 11 / Section 24-60-1106
24-60-1106. Operator's license under compact
Status: in_force

24-60-1106. Operator's license under compact. The provisions of sections 42-1-102 (81), 42-2-101 (1), and 42-2-102 (1)(d) and (1)(e), C.R.S., requiring residents of other states to secure an operator's license from this state shall not apply to persons licensed to drive by other states party to the driver license compact. This state shall require a resident to secure an operator's license from the department of revenue and to surrender any outstanding license to drive issued by another state; except that, if the laws of such other state require the person to be licensed to drive thereby in order to engage in such person's regular trade or profession, no license shall be issued by this state so long as such other license to drive is in force, nor shall this state issue any license to drive in contravention of the driver license compact.
C.R.S. § 24-73-102 — CO Code / Title 24 / Article 73 / Section 24-73-102
24-73-102. Governmental entity - protection of personal identifying information - definitio
Status: in_force

24-73-102. Governmental entity - protection of personal identifying information - definition. (1) To protect personal identifying information, as defined in section 24-73-101 (4)(b), from unauthorized access, use, modification, disclosure, or destruction, a governmental entity that maintains, owns, or licenses personal identifying information shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal identifying information and the nature and size of the governmental entity.

(2) Unless a governmental entity agrees to provide its own security protection for the information it discloses to a third-party service provider, the governmental entity shall require that the third-party service provider implement and maintain reasonable security procedures and practices that are:

(a) Appropriate to the nature of the personal identifying information disclosed to the third-party service provider; and

(b) Reasonably designed to help protect the personal identifying information from unauthorized access, use, modification, disclosure, or destruction.

(3) For the purposes of subsection (2) of this section, a disclosure of personal identifying information does not include disclosure of information to a third party under circumstances where the governmental entity retains primary responsibility for implementing and maintaining reasonable security procedures and practices appropriate to the nature of the personal identifying information and the governmental entity implements and maintains technical controls reasonably designed to:

(a) Help protect the personal identifying information from unauthorized access, modification, disclosure, or destruction; or

(b) Effectively eliminate the third party's ability to access the personal identifying information, notwithstanding the third party's physical possession of the personal identifying information.

(4) A governmental entity that is regulated by state or federal law and that maintains procedures for storage of personal identifying information pursuant to the laws, rules, regulations, guidances, or guidelines established by its state or federal regulator is in compliance with this section.

(5) For the purposes of this section, "third-party service provider" means an entity that has been contracted to maintain, store, or process personal identifying information on behalf of a governmental entity.
C.R.S. § 24-92-118 — CO Code / Title 24 / Article 92 / Part 1 / Section 24-92-118
24-92-118. Maximum global warming potential for materials used in public projects - road -
Status: in_force

24-92-118. Maximum global warming potential for materials used in public projects - road - highway - bridge projects - environmental product declaration - short title - report - definitions. (1) The short title of this section and section 24-92-117 is the "Buy Clean Colorado Act".

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

(a) "Department" means the department of transportation.

(b) "Eligible material" means materials used in the construction of a public project, including, but not limited to:

(I) Asphalt and asphalt mixtures;

(II) Cement and concrete mixtures; and

(III) Steel.

(c) "Greenhouse gas" has the same meaning as set forth in section 25-7-140 (6).

(d) "Public project" means all publicly bid construction projects, projects from within the asset management, or other projects as determined by the department.

(3) (a) By January 1, 2025, the department shall establish a policy to determine and record greenhouse gas emissions from eligible materials used in a public project with the goal of reducing greenhouse gas emissions in accordance with the following requirements:

(I) The department shall use the nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions; and

(II) The department shall develop a tracking and reporting process in a manner that is consistent with criteria in an environmental product declaration. The department may establish additional subcategories within each eligible material with distinct maximum global warming potential limits.

(b) In establishing the policy pursuant to this section, the department may consult with any other relevant department or division of state government.

(c) By January 1, 2027, and every four years thereafter, the department of transportation shall review the policy created pursuant to this section and may adjust the policy to reflect industry conditions. The department shall not adjust the policy for any eligible material to be less stringent.

(4) (a) For invitation for bids for contracts for public projects issued on or after July 1, 2022, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, for each eligible material proposed to be used in the public project.

(b) For invitation for bids for contracts for public projects issued on or after July 1, 2025, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the department for each eligible material proposed to be used in the public project.

(c) For invitation for bids for contracts for publicly bid public projects issued on or after July 1, 2025, the department of transportation shall specify the eligible materials that will be used in the project based on the policy and reasonable minimum usage thresholds below which the requirements of this section shall not apply.

(d) A contractor that is awarded a contract for a public project shall not install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (3)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the policy established by the department pursuant to this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the department and install an alternative eligible material with an environmental product declaration. If a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the department may waive the requirements of this section for that product.

(5) In administering this section, the department shall strive to achieve a continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).

(6) Beginning in 2026, the department shall annually present the following information to the transportation legislation review committee, or any successor committee:

(a) For the presentation in 2026 only, a description of the method that the department used to develop the policy requirements for each category of eligible materials;

(b) What the department has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and

(c) Any obstacles the department as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials.
C.R.S. § 24-33.5-1618 — CO Code / Title 24 / Article 33.5 / Part 16 / Section 24-33.5-1618
24-33.5-1618. Nurse intake of 911 calls - pilot grant program - reporting - definitions - legi
Status: repealed

24-33.5-1618. Nurse intake of 911 calls - pilot grant program - reporting - definitions - legislative declaration - repeal. (Repealed)
C.R.S. § 24-38.5-122 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-122
24-38.5-122. Carbon management roadmap - creation - requirements - report - definitions - rep
Status: in_force

24-38.5-122. Carbon management roadmap - creation - requirements - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Carbon management" means any of the following:

(I) Carbon dioxide removal, which means the removal of carbon dioxide from the atmosphere;

(II) Carbon capture, which means a process that captures carbon dioxide emissions before they are released into the atmosphere and diverts those emissions for use or storage;

(III) Carbon sequestration or storage, which means verifiably storing carbon dioxide in non-atmospheric locations in such a manner that the carbon dioxide will not enter the atmosphere for at least one hundred years; and

(IV) Carbon utilization, which means a process by which captured or removed carbon is used without being released into the atmosphere.

(b) "Enhanced oil recovery" means all existing and potential technology to recover oil beyond traditional primary methods, including the use of carbon dioxide or other fluids to increase the ultimate recovery of hydrocarbon.

(c) "Monitoring and reporting" means the measurement and reporting of carbon management using an objective, peer-reviewed, and scientifically supported methodology that takes into account both regionally appropriate sampling and data collection methods to quantify emissions and removals associated with the carbon management process and the durability of the carbon management process. "Monitoring and reporting" does not mean using model-based or statistical methods of measurement and reporting.

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

(e) "Qualified organization" means an organization or organizations that do not have a clear conflict of interest, have not actively lobbied for or against carbon management in the last five years, and that have the following types of expertise:

(I) Technical and research expertise in carbon management technologies, including but not limited to:

(A) Afforestation, reforestation, and improved forest management;

(B) Inorganic and organic soil carbon sequestration;

(C) Biochar;

(D) Bio energy with carbon capture and storage;

(E) Direct air capture and storage;

(F) Biomass with carbon removal and storage;

(G) Enhanced weathering;

(H) Carbon mineralization;

(I) Durable geological carbon sequestration;

(J) Verifiable industrial carbon capture processes;

(K) Durable protein-based carbon sequestration; and

(L) Agriculture production carbon capture and removal;

(II) Economic and market development expertise in assessing the market risks and opportunities for carbon management products and applications; and

(III) Expertise in carbon and greenhouse gas emissions accounting and verification.

(f) "Roadmap" means the carbon management roadmap for the state of Colorado.

(2) (a) On or before January 1, 2024, the office shall, in collaboration with the Colorado office of economic development and the department of public health and environment, contract with a qualified organization for the development of a carbon management roadmap for the state of Colorado.

(b) On or before September 1, 2024, the qualified organization shall present the roadmap to the office, the Colorado office of economic development, and the department of public health and environment. The office shall hold at least one public hearing to solicit feedback on the roadmap and invite comment on the roadmap's environmental health impacts, including life cycle emissions analyses of carbon management projects identified by the roadmap and effects on disproportionately impacted communities.

(c) On or before December 1, 2024, the office shall present the feedback it has collected on the roadmap to the qualified organization and make the feedback and the roadmap available to the general assembly.

(d) On or before February 28, 2025, the qualified organization shall present an updated version of the roadmap that considers the public comments provided by the office.

(e) During the 2025 legislative session, the office shall present the roadmap to the house of representatives energy and environment committee and the senate transportation and energy committee or their successor committees.

(3) The roadmap must identify:

(a) The carbon management, climate, and economic opportunities available in Colorado that best draw on Colorado's natural resources, industry, talent, labor force, and economic development capabilities. In identifying economic opportunities, the roadmap must specifically include the following economic sectors:

(I) Construction;

(II) Agriculture;

(III) Forest management;

(IV) Mine reclamation;

(V) Industrial manufacturing;

(VI) Cement and concrete;

(VII) Food and beverage;

(VIII) Existing oil and gas infrastructure and workforce; and

(IX) Electricity generation;

(b) The necessary infrastructure to support carbon management, such as:

(I) The best reservoirs for carbon dioxide storage, as measured by metrics proposed in the roadmap;

(II) Existing carbon dioxide pipelines and how those pipelines can best be connected with pipelines needed for industrial carbon management to reduce risk, including risk to disproportionately impacted communities; and

(III) Infrastructure that allows access to clean energy resources, as that term is defined in section 40-2-125.5 (2)(b), for carbon management projects;

(c) (I) Policies and incentives that would:

(A) Attract companies to develop or deploy carbon management in the state;

(B) Encourage the development of new carbon management technologies;

(C) Support the expansion of carbon management companies in the state;

(D) Catalyze private investment and market development in carbon management by applying gap funding or other support for carbon management projects involving private sector providers and buyers, by identifying relevant public, private, and nonprofit project funding sources, and by prioritizing funding for projects that are ineligible for funding under the industrial and manufacturing operations clean air grant program created in section 24-38.5-116 (3)(a);

(E) Reduce risks to health, opportunity, and quality of life, including a focus on reducing risk in disproportionately impacted communities; and

(F) Foster carbon management projects in the state.

(II) The roadmap must recommend the state agency best positioned to carry out carbon management policies, including carbon accounting;

(d) The state agency best positioned to carry out a potential policy regime of carbon management, including carbon accounting;

(e) Recommendations on potential public interest policies including:

(I) Excluding oil and gas extraction applications, such as enhanced oil recovery, from carbon management funding;

(II) Requiring fair labor practices such as:

(A) Prevailing wages with commensurate benefits;

(B) Apprenticeship utilization requirements;

(C) Project labor agreements;

(D) Local hire and targeted hire provisions; and

(E) Organizing rights; and

(III) Applying strict environmental justice standards so that:

(A) Carbon management methods and projects that pose risks to health, opportunity, and quality of life in communities, including disproportionately impacted communities, are excluded from carbon management funding;

(B) Carbon management funding is not used to fund compliance mechanisms involving existing facilities or facilities that either are not in compliance with air permits or have a history of permit violations that impose harms and risks on communities within the previous five years;

(C) Carbon management funding is not used to support fossil fuel projects without verified emissions and pollution reduction potential, fossil fuel projects which allow for increased lifetime emissions, or fossil fuel projects that increase the lifetime negative environmental impact of a given facility; and

(D) Representatives of environmental justice advocacy groups, labor organizations, just transition groups, public health agencies, and tribal communities are involved in the creation of the roadmap;

(f) Criteria for carbon management project selection including:

(I) Prioritizing:

(A) Certain economic sectors such as agriculture, construction, materials manufacturing, forest management, food and beverage, reclaimed mining, energy, and heavy industry;

(B) Social and economic benefits including the protection of labor rights and high-quality jobs; and

(C) Geographic distribution by providing technological solutions and sector diversification with the explicit goal of ensuring that projects are distributed throughout the state;

(II) Assessing the verifiable counterfactual reduction in atmospheric carbon over a project's life cycle and prioritizing projects that are projected to have the greatest and most durable impact, either through the reduction of greenhouse gas emissions to meet the state's greenhouse gas emission reduction goals, atmospheric removal, or reliable carbon storage; and

(III) Ensuring that project goals can be validated by rigorous monitoring and reporting methods in line with emerging international best practices and standards; and

(g) Recommendations, including legislative recommendations for the general assembly and administrative recommendations for state agencies, on issues related to carbon management.

(4) In creating the roadmap, in addition to satisfying the requirements of subsection (3) of this section, the qualified organization shall gather:

(a) Where practicable, project data on the amount of carbon, carbon dioxide, and co-pollutants captured, emitted, removed, stored, or utilized for the purpose of:

(I) Helping to assess the market potential for performance-based financial incentives in the future;

(II) Elevating the carbon management potential of various proposals and technologies; and

(III) Providing input on carbon management for the greenhouse gas pollution reduction roadmap; and

(b) Operational data including:

(I) Quantities and types of materials needed for carbon management facility construction and operation;

(II) The number and types of jobs that will be created related to carbon management as well as the timeline of job creation;

(III) The operational requirements for carbon management facilities including energy infrastructure, projected energy needs, construction costs, and staffing; and

(IV) The opportunities for skill matching among existing professions.

(5) In creating the roadmap, the qualified organization may reference or rely on work done by state agencies or local governments. The office shall work with other state agencies as appropriate in order to ensure that the roadmap functions in concert with other state targets, teams, and documents, including the greenhouse gas pollution reduction roadmap, greenhouse gas accounting measures, and the Colorado carbon capture and geological sequestration task force report.

(6) (a) In soliciting feedback on the roadmap pursuant to subsection (2)(b) of this section, the office shall conduct meetings with interested persons throughout the state, including:

(I) Labor organizations;

(II) Environmental advocacy groups;

(III) Industries or professions related to carbon management;

(IV) Statewide associations of mechanical, electrical, and plumbing contractors;

(V) Tribal and local governments; and

(VI) Community leaders, including community leaders from disproportionately impacted communities.

(b) The office shall also solicit feedback from:

(I) The Colorado office of economic development;

(II) The department of transportation;

(III) The department of natural resources;

(IV) The department of agriculture;

(V) The state architect;

(VI) The governor's office;

(VII) The environmental justice ombudsperson in the department of public health and environment appointed pursuant to section 25-1-134 (1) or the ombudsperson's designee;

(VIII) The director of the just transition office created in section 8-83-503 or the director's designee; and

(IX) The air pollution and control division.

(7) During the 2026 and 2027 legislative sessions, the office shall present to the house of representatives energy and environment committee and the senate transportation and energy committee or their successor committees:

(a) The progress made in implementing the goals identified in the roadmap; and

(b) Any recommendations, including legislative recommendations for the general assembly and administrative recommendations for state agencies, necessary to better implement the goals identified in the roadmap.

(8) This section and the roadmap created pursuant to this section do not prevent public and private actors from advancing their own projects under existing rules and regulations.
C.R.S. § 24-21-514.5 — CO Code / Title 24 / Article 21 / Part 5 / Section 24-21-514.5
24-21-514.5. Audio-video communication - definitions
Status: in_force

24-21-514.5. Audio-video communication - definitions. (1) As used in this section:

(a) "Credential analysis" means a process or service that complies with any rules adopted by the secretary of state through which a third party affirms the validity of a government-issued identification credential through the review of public or proprietary data sources.

(b) "Dynamic, knowledge-based authentication assessment" means an identity assessment that is based on a set of questions formulated from public or private data sources for which the remotely located individual taking the assessment has not previously provided an answer and that meets any rules adopted by the secretary of state.

(c) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

(d) "Public key certificate" means an electronic credential that is used to identify a remotely located individual who signed an electronic record with the credential.

(e) "Remote presentation" means transmission to the notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notary public to:

(I) Identify the remotely located individual seeking the notary public's services; and

(II) Perform credential analysis.

(2) (a) Except as provided in subsection (2)(b) of this section, a notary public may perform a remote notarization only with respect to an electronic record and in compliance with this section and any rules adopted by the secretary of state for a remotely located individual who is located:

(I) In this state;

(II) Outside of this state but within the United States; or

(III) Outside the United States if:

(A) The notary public has no actual knowledge that the notarial act is prohibited in the jurisdiction in which the remotely located individual is physically located at the time of the act; and

(B) The remotely located individual confirms to the notary public that the requested notarial act and the record relate to: A matter that will be filed with or is currently before a court, governmental entity, or other entity in the United States; property located in the United States; or a transaction substantially connected to the United States.

(b) A notary public shall not use a remote notarization system to notarize:

(I) A record relating to the electoral process; or

(II) Except as provided in the "Colorado Uniform Electronic Wills Act", part 13 of article 11 of title 15, a will, codicil, document purporting to be a will or codicil, or any acknowledgment required under section 15-11-502 or 15-11-504.

(3) Before a notary public performs the notary public's initial notarization using a remote notarization system, the notary public shall notify the secretary of state that the notary public will be performing remote notarizations and shall identify each remote notarization system that the notary public intends to use. The remote notarization system must conform to this part 5 and any rules adopted by the secretary of state. The notice must be submitted in the format required by the secretary of state and must:

(a) Include an affirmation that the notary public has read and will comply with this section and all rules adopted by the secretary of state; and

(b) Be accompanied by proof that the notary public has successfully completed any training and examination required by the secretary of state.

(4) A notary public who performs a notarial act for a remotely located individual by means of audio-video communication must:

(a) Be located within this state at the time the notarial act is performed;

(b) Execute the notarial act in a single, real-time session;

(c) Confirm that any record that is signed, acknowledged, or otherwise presented for notarization by the remotely located individual is the same record signed by the notary public;

(d) Confirm that the quality of the audio-video communication is sufficient to make the determinations required for the notarial act under this part 5 and any other law of this state; and

(e) Identify the venue for the notarial act as the jurisdiction within the state of Colorado where the notary public is physically located while performing the act.

(5) A remote notarization system used to perform remote notarizations must:

(a) Require the notary public, the remotely located individual, and any required witness to access the system through an authentication procedure that complies with rules adopted by the secretary of state regarding security and access;

(b) Enable the notary public to verify the identity of the remotely located individual and any required witness by means of personal knowledge or satisfactory evidence of identity in compliance with subsection (6) of this section; and

(c) Confirm that the notary public, the remotely located individual, and any required witness are viewing the same record and that all signatures, changes, and attachments to the record are made in real time.

(6) (a) A notary public shall determine from personal knowledge or satisfactory evidence of identity as described in subsection (6)(b) of this section that the remotely located individual appearing before the notary public by means of audio-video communication is the individual that he or she purports to be.

(b) A notary public has satisfactory evidence of identity if the notary public can identify the remotely located individual who personally appears before the notary public by means of audio-video communication by using at least one of the following methods:

(I) The oath or affirmation of a credible witness who personally knows the remotely located individual, is personally known to the notary public, and is in the physical presence of the notary public or the remotely located individual during the remote notarization;

(II) Remote presentation and credential analysis of a government-issued identification credential, and the data contained on the credential, that contains the signature and a photograph of the remotely located individual, and at least one of the following:

(A) A dynamic, knowledge-based authentication assessment by a trusted third party that complies with rules adopted by the secretary of state;

(B) A valid public key certificate that complies with rules adopted by the secretary of state; or

(C) An identity verification by a trusted third party that complies with rules adopted by the secretary of state; or

(III) Any other method that complies with rules adopted by the secretary of state.

(7) Without limiting the authority of a notary public under section 24-21-508 to refuse to perform a notarial act, a notary public may refuse to perform a notarial act under this section if the notary public is not satisfied that the requirements of this section are met.

(8) The certificate of notarial act for a remote notarization must, in addition to complying with the requirements of section 24-21-515, indicate that the notarial act was performed using audio-video communication technology.

(9) (a) A notary public shall create an audio-video recording of a remote notarization if:

(I) The notary public first discloses to the remotely located individual the fact of the recording and the details of its intended storage, including where and for how long it will be stored;

(II) The remotely located individual explicitly consents to both the recording and the storage of the recording; and

(III) The recording is stored and secured in compliance with rules adopted by the secretary of state.

(b) The audio-video recording required by this subsection (9) must be in addition to the journal entry for the notarial act where required by section 24-21-519. The recording must include the information described in this subsection (9)(b). A notary public shall make a good-faith effort to not include any other information on the recording. Any other information included on the recording is not admissible in any court of law, legal proceeding, or administrative hearing for any purpose, nor is the information admissible in any proceeding in any other court of law, legal proceeding, or administrative hearing if Colorado law applies with respect to remote notarization. The recording must include:

(I) At the commencement of the recording, a recitation by the notary public of information sufficient to identify the notarial act, including the name of the notary public, the date and time of the notarial act, a description of the nature of the document or documents to which the notarial act is to relate, the identity of the remotely located individual whose signature is to be the subject of the notarial act and of any person who will act as a credible witness to identify the individual signer, and the method or methods by which the remotely located individual and any credible witness will be identified to the notary public;

(II) A declaration by the remotely located individual that the individual's signature on the record is knowingly and voluntarily made;

(III) If the remotely located individual for whom the notarial act is being performed is identified by personal knowledge, an explanation by the notary public as to how the notary public knows the remotely located individual and how long the notary public has known the remotely located individual;

(IV) If the remotely located individual for whom the notarial act is being performed is identified by a credible witness:

(A) A statement by the notary public as to how the notary public knows the credible witness and how long the notary public has known the credible witness; and

(B) An explanation by the credible witness as to how the credible witness knows the remotely located individual and how long the credible witness has known the remotely located individual; and

(V) The statements, acts, and conduct necessary to perform the requested notarial act or supervision of signing or witnessing of the subject record.

(c) The provisions of section 24-21-519 that relate to the security, inspection, copying, and retention and disposition of a notary public's journal apply equally to the security, inspection, copying, and retention and disposition of audio-video recordings allowed by this section.

(d) The failure of a notary public to perform a duty or meet a requirement specified in this subsection (9) does not invalidate a remote notarization performed by the notary public. A notary public is not liable to any person for damages claimed to arise from a failure to perform a duty or meet a requirement specified in subsection (9)(b) of this section.

(10) Regardless of the physical location of the remotely located individual at the time of the notarial act, the validity of a remote notarization performed by a notary in this state is governed by the laws of this state, including any rules adopted by the secretary of state pursuant to this part 5.

(11) To be eligible for approval by the secretary of state under section 24-21-527 (1)(h), a provider of a remote notarization system or storage system must:

(a) Certify to the secretary of state that the provider and the system comply with the requirements of this section and the rules adopted under section 24-21-527;

(b) Maintain a usual place of business in this state or, if a foreign entity, appoint and maintain a registered agent, in accordance with section 7-90-701 by filing a statement of foreign entity authority in accordance with section 7-90-803, with authority to accept service of process in connection with a civil action or other proceeding; and

(c) Not use, sell, or offer to sell to another person or transfer to another person for use or sale any personal information obtained under this section that identifies a remotely located individual, a witness to a remote notarization, or a person named in a record presented for remote notarization, except:

(I) As necessary to facilitate performance of a notarial act;

(II) To effect, administer, enforce, service, or process a record provided by or on behalf of the individual or the transaction of which the record is a part;

(III) In accordance with this part 5 and the rules adopted pursuant to this part 5 or other applicable federal, state, or local law, or to comply with a lawful subpoena or court order; or

(IV) In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit of the provider, if the personal information concerns only customers of the business or unit and the transferee agrees to comply with the restrictions set forth in this subsection (11).

(12) Subject to applicable law other than this article 21, if a record is privileged pursuant to section 13-90-107 (1)(b), the corresponding electronic record secured and stored by the remote notarization system as provided in this article 21 remains privileged.
C.R.S. § 24-91-104 — CO Code / Title 24 / Article 91 / Section 24-91-104
24-91-104. Contract - completion by public entity - partial payments
Status: in_force

24-91-104. Contract - completion by public entity - partial payments. If it becomes necessary for a public entity to take over the completion of any contract, all of the amounts owing the contractor, including the withheld percentage, shall be applied: First, toward the cost of completion of the contract; second, toward performance of the public entity's withholding requirement set forth in section 38-26-107, C.R.S.; third, to the surety furnishing bonds for the contract work, to the extent such surety has incurred liability or expense in completing the contract work or made payments pursuant to section 38-26-106, C.R.S.; then, to the contractor. Such retained percentage as may be due any contractor shall be due and payable at the expiration of thirty days from the date of final acceptance by the public entity of the contract work.
C.R.S. § 24-4-101 — CO Code / Title 24 / Article 4 / Part 1 / Section 24-4-101
24-4-101. Short title
Status: in_force

24-4-101. Short title. This article shall be known and may be cited as the "State Administrative Procedure Act".
C.R.S. § 24-77-103.5 — CO Code / Title 24 / Article 77 / Part 1 / Section 24-77-103.5
24-77-103.5. Legislative declaration - correction of errors - authority of the controller and
Status: in_force

24-77-103.5. Legislative declaration - correction of errors - authority of the controller and auditor. (1) The general assembly finds and declares that ascertaining compliance with the provisions of section 20 of article X of the state constitution requires that accurate calculations be made of state fiscal year spending. The general assembly further finds and declares that it is reasonable to account for any errors in calculating state fiscal year spending by authorizing the controller to make equivalent adjustments in state fiscal year spending for the fiscal year in which such errors are discovered in accordance with the provisions of this subsection (1).

(2) For purposes of section 24-77-103, for any given fiscal year, if the controller discovers an error involving a prior fiscal year by whatever means available affecting the calculation of state fiscal year spending, the controller may correct such error by increasing or decreasing in an appropriate amount the allowable state fiscal year spending for the fiscal year in which such error is discovered, subject to a review of such adjustment by the state auditor.
C.R.S. § 24-30-202 — CO Code / Title 24 / Article 30 / Part 2 / Section 24-30-202
24-30-202. Procedures - vouchers, warrants, and checks - rules - penalties - definitions -
Status: repealed

24-30-202. Procedures - vouchers, warrants, and checks - rules - penalties - definitions - repeal. (1) No disbursements shall be made in payment of any liability incurred on behalf of the state, other than from petty cash or by any alternative means of payment approved by fiscal rule promulgated by the controller, unless there has been previously filed with the office of the state controller a commitment voucher. The commitment voucher may be in the form of an advice of employment, a purchase order, a copy of a contract, or a travel authorization or in other form appropriate to the type of transaction as prescribed by the controller. Any state contract involving the payment of money by the state shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the controller or such assistant as he or she may designate; except that a state contract for a major information technology project as defined in section 24-37.5-102 (19) shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the chief information officer or the chief information officer's designee. Such contracts entered into on or after July 1, 1997, shall also contain a clause notifying the other party to the contract of the controller's authority to withhold debts owed to state agencies under the vendor offset intercept system pursuant to section 24-30-202.4 (3.5)(a)(I) and the types of debts that are subject to withholding under said system. The form and content of and procedures for filing such vouchers shall be prescribed by the fiscal rules promulgated by the controller.

(2) The controller, or such assistant as he may designate, shall examine each commitment voucher to ascertain whether or not the proposed expenditure is authorized by the appropriation and allotment to which it is proposed to be charged, whether or not the prices or rates are in accordance with law or administrative rules or are fair and reasonable and whether or not the amount of the expenditure exceeds the unencumbered balance of the allotment. The controller or his designated assistant shall record his approval or disapproval either on the face of each voucher or by electronically entering such approval or disapproval in the state computer-based accounting system. The head of the state department, institution, or other agency involved shall be notified of any proposed expenditures that are disallowed.

(3) In no event shall the head of any state department, institution, or other agency or the controller, either by himself or through any assistant designated by him, approve any commitment voucher involving expenditure of any sum in excess of the unencumbered balance of the appropriation to which the resulting disbursement would be charged. No person shall incur or order or vote for the incurrence of any obligation against the state in excess of or for any expenditure not authorized by appropriation and approved commitment voucher except as expressly authorized by this section. Any such obligation so raised in contravention of this section shall not be binding against the state but shall be null and void ab initio and incapable of ratification by any administrative authority of the state to give effect thereto against the state. But every person incurring or ordering or voting for the incurrence of such obligation and his surety shall be jointly and severally liable therefor.

(4) The controller is hereby authorized to grant special authority for any department, institution, or other agency, during any fiscal year, to make specific purchases of supplies or materials to be used in the next ensuing fiscal year or to enter into contracts in anticipation of appropriations already made or to be made for the next ensuing fiscal year for any purpose authorized by any existing law, including contracts by the department of transportation for state highway reconstruction, repair, maintenance, and capacity expansion projects to be funded by the revenues appropriated out of the capital construction fund under section 24-75-302 (2), but in no case for any amount exceeding that necessary to meet the requirements for the first quarter of the next fiscal year. No such purchase order shall be issued nor contract entered into unless such purchase order or contract has been approved and countersigned by the controller or the controller's authorized agent, whose duty it shall be to see that the special authority so granted is not exceeded; except that this restriction shall not apply to contracts for capital outlay projects for which appropriations have been provided for obligations to be incurred in two or more fiscal years. Payments made at the close of a fiscal year under such authority shall be treated as deferred charges to the appropriations and expenses of the next ensuing fiscal year until the beginning of such year.

(4.3) (a) The controller may retroactively adjust encumbrances against appropriations for contracts and grants authorized pursuant to the authority to spend money from the "American Rescue Plan Act of 2021" cash fund, created in section 24-75-226 (4)(a)(II), if the funding source for the contract or grant is subsequently refinanced. Any retroactive contract or grant encumbrance adjustments between funding sources authorized in this section are not permitted to increase the total encumbrance.

(b) This subsection (4.3) is repealed, effective July 1, 2027.

(5) (a) No money of the state or for which the state is responsible shall be withdrawn from the treasury or otherwise disbursed for any purpose except to pay obligations under expenditures authorized by appropriation and allotment and not in excess of the amount so authorized. Each such expenditure shall have been authorized by the head of the department, institution, or other agency by or for which the expenditure was made. Such authorization shall contain the manual or facsimile signature of the head of the department, institution, or agency or any assistant designated by him. The controller, or his authorized agent, shall have approved a commitment voucher therefor, and a claim on a prescribed form shall have been submitted to and approved by the controller or his agent. The provisions of this section shall not be construed to apply to withdrawals of funds from any state depository bank for immediate redeposit in any other state depository bank or for investment.

(b) If a state department, institution, or agency enters into a contract to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the contract must contain a contingency clause that requires the state to secure an appraisal of the subject real property or interest therein prior to closing by an independent appraiser licensed in the state of Colorado to substantiate the purchase price and that makes the closing of the purchase contingent on the approval of the contract by the state controller. When the state department, institution, or agency entering into the contract receives the appraisal, the state department, institution, or agency shall provide a copy of the appraisal to the state controller. This subsection (5)(b) shall not apply to the acquisition of property by the department of transportation for the construction, maintenance, or supervision of the public highways of this state, nor shall it apply to any additional financed purchase of an asset or certificate of participation agreement entered into pursuant to the master lease program authorized by part 7 of article 82 of this title 24.

(c) (I) If a state department, institution, or agency enters into an option to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the appraisal requirement described in paragraph (b) of this subsection (5) must occur prior to closing on the purchase of the real property or interest therein.

(II) Prior to a state department, institution, or agency entering into an option to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the state department, institution, or agency shall obtain a written broker opinion of value completed by an independent broker licensed in the state of Colorado or an appraisal by an independent appraiser licensed in the state of Colorado of the subject property in order to complete a thorough analysis of the property or interests therein being considered. The opinion of value or the appraisal must be forwarded to the state controller prior to the state controller approving the option to purchase contract.

(5.5) Any commitment voucher that provides that the financial obligations of the state in subsequent fiscal years are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available shall not be deemed to create any state multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of section 20 (4)(b) of article X of the state constitution. If a financed purchase of an asset or certificate of participation agreement is subject to the requirement of specific authorization by the general assembly under part 8 of article 82 of this title 24, such committees shall make a recommendation to the general assembly concerning whether to authorize the financed purchase of an asset or certificate of participation agreement. The department of personnel and the Colorado commission on higher education shall maintain comparative data which will assist in determining the relative costs to the state, over the entire term of the arrangement, of financing the purchase or lease of property through pay-as-you-go methods, certificates of participation, or other arrangements.

(6) The controller shall prescribe the form of warrants and checks to be drawn upon the state treasurer. All warrants and checks for approved expenditures and claims shall be drawn and issued under direction of the controller or his or her authorized agent and transmitted to the department of the treasury to be recorded.

(7) Each warrant and check drawn and issued shall be signed by the controller and countersigned by the state treasurer. Facsimiles of such signature and countersignature may be affixed by a mechanical device. The signature of the controller on a warrant or check, however affixed, shall constitute full and complete authority to the state treasurer to pay the amount thereof upon presentation to him or her.

(8) Each warrant or check drawn and issued shall bear a notation clearly printed in a prominent position upon its face stating that it shall be void after six months from its date of issue. Upon satisfactory proof furnished of loss or destruction, during said six-month period, of any warrant or check drawn and issued in payment of an approved expenditure or claim, the controller shall cause a duplicate of such lost or destroyed warrant or check to be drawn and issued in favor of the original payee or his or her assignee, as the case may be. The issuing state agency shall thereupon void said original warrant or check, and, if it thereafter is presented for payment, the state treasurer shall refuse payment thereof.

(8.5) Any other provision of law to the contrary notwithstanding, the controller may, after adequate notification to the state treasurer, make payment by means of an electronic fund transfer. Payment by electronic fund transfer shall be in lieu of payment by state warrant or check and shall discharge the controller's obligation with respect to payment. Any unauthorized use of the electronic fund transfer capability shall be reported to the controller within twenty-four hours after occurrence or disclosure becomes known. Immediately upon discovery of unauthorized use, measures that will prevent further unauthorized use shall be implemented.

(9) (a) Every warrant and check drawn and issued that has not been presented to the state treasurer for payment and remains unpaid shall be canceled pursuant to fiscal rules promulgated by the state controller and transferred to the unclaimed property trust fund created in section 38-13-116.5; except that the amount of any warrant or check drawn on the wildlife cash fund created in section 33-1-112 (1), other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application, shall be credited to that fund and the amount of any warrant or check representing money received by the federal government shall be processed in accordance with federal program guidelines for disposition of those moneys.

(b) If at any time thereafter application is made to the controller for reissuance of any warrant or check that has been canceled and expunged from the records and it appears that the expenditure or claim that the canceled warrant or check represented is still valid and unpaid, the controller shall issue a new warrant or check, and the amount thereof shall be charged to the fund or account to which the amount of the canceled warrant or check was previously credited.

(c) In the event of any conflict between this subsection (9) and any provision of the "Revised Uniform Unclaimed Property Act", article 13 of title 38, the provisions of the "Revised Uniform Unclaimed Property Act" shall control; except that this subsection (9) shall control with regard to:

(I) A tax warrant or check;

(II) Repealed.

(III) That portion of a warrant or check representing moneys received from the federal government;

(IV) A warrant or check drawn on the wildlife cash fund created in section 33-1-112 (1), C.R.S., other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application.

(d) Notwithstanding any provision of this subsection (9) to the contrary, the provisions of this subsection (9) shall not apply to any warrant or check drawn by an institution of higher education or by the Auraria higher education center that is exempt from the state fiscal rules pursuant to paragraph (b) of subsection (13) of this section.

(10) The attorney general shall be the legal adviser of the controller and to the attorney general shall be referred any question concerning the legality of any obligation by or claim against the state.

(11) It is the duty of the controller to keep up to date a detailed list of all sources from which moneys accrue to the state, classified according to the departments, institutions, and other agencies responsible for the collection of the moneys, showing for each of the several units: The several kinds of taxes, fees, and other charges collected or to be collected; the name of the person responsible for collecting public moneys from each such source; and the name of the employee actually engaged in collecting, handling, and depositing such moneys. The controller has the power, and it is his duty with respect to each state tax, to prescribe or approve such accounts and procedures as will provide adequate accounting and current internal audit control of unpaid taxes and other charges and the proceeds of collections and as will furnish the information required for the maintenance of the general accounts of the state. The controller has the power and it is his duty to prescribe the forms to be used by the several units for licenses, permits, and certificates for which fees are prescribed by law and to establish controls of the supplies of such forms.

(12) The controller shall prescribe and cause to be installed a unified and integrated system of accounts for the state. Except as otherwise provided in sections 24-75-201 (2) and 25.5-4-201, C.R.S., such system shall be based upon the accrual system of accounting, as enunciated by the governmental accounting standards board, which shall include:

(a) A set of budgetary control accounts for each fund, which shall be maintained pursuant to the accounts and control functions of the department of personnel;

(b) A set of general controlling proprietary and operating accounts for each fund, which shall be maintained pursuant to the accounts and control functions of the department of personnel, recording the transactions of the fund in summary form and showing the actual current assets, prepaid expenses, current liabilities, deferred credits to income, reserves, actual income, actual expenditures, and current surplus or deficit as the case may be;

(c) A uniform classification of the sources of revenue and nonrevenue receipts, which shall be observed by all the departments, institutions, and other agencies;

(d) A standard classification of the departments, institutions, and other agencies and their principal functions, by major functions of government;

(e) A standard classification of expenditures by activities;

(f) A unified classification of ordinary recurring expenses, extraordinary expenses, and capital outlays, respectively, by the kinds of commodities and services involved, which shall be observed in reporting expenditures, in preparing budget estimates, and in allotting appropriations.

(13) (a) The controller shall promulgate fiscal rules to carry out the functions assigned and the procedures prescribed by this section. Such rules relating to the forms, records, and procedures involved in financial administration shall be binding upon the several departments, institutions, including institutions of higher education except as otherwise provided in paragraph (b) of this subsection (13), and other agencies of the state and upon their several officers and employees.

(b) It is the intent of the general assembly that fiscal rules promulgated by the controller shall be applicable to any institution of higher education; except that the governing board of an institution of higher education that has adopted fiscal procedures and has determined that the fiscal procedures provide adequate safeguards for the proper expenditure of the moneys of the institution may elect to exempt the institution from the fiscal rules promulgated by the controller pursuant to this subsection (13), including any procedures or forms required by law to be promulgated by the controller and any review or approval required to be performed by the controller, and shall not be required to comply with rules promulgated pursuant to this subsection (13) or with the provisions of subsection (1), (5)(b), (20.1), (22), or (26) of this section. The provisions of this paragraph (b) shall also apply to the board of directors of the Auraria higher education center with regard to the expenditure of moneys of the auraria higher education center.

(c) Repealed.

(d) An institution of higher education, including the auraria higher education center, that is exempt from the state fiscal rules pursuant to paragraph (b) of this subsection (13) shall continue to provide to the controller such information as is necessary to enable the controller to meet the obligations set forth in subsection (11) of this section and sections 24-17-102 and 24-30-204; except that an institution of higher education shall be required to provide only such data and reports as are readily accessible to the institution or presently generated by the institution.

(14) If the controller or any other state employee knowingly draws or issues any warrant or check upon the state treasurer not authorized by law, he or she commits a class 2 misdemeanor.

(15) Any person holding the office of state treasurer or controller or any other state officer or employee who, directly or indirectly, receives from any person, body of persons, association, or corporation, for himself or herself or otherwise than in behalf of the state, any reward, compensation, or profit, either in money or other property or thing of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money or other property belonging to the state or in the consideration of the approval or payment of any claim against the state or any other agreement or arrangement touching the use of such money or uses or knowingly permits the use of any such money for any purposes not authorized by law commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(16) Any person who, directly or indirectly, pays or gives to anyone holding the office of state treasurer or controller or to any other state officer or employee or other person any reward or compensation, either in money or other property or things of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money belonging to the state or for which the state is responsible or in consideration of the approval or payment of any claim against the state or of any other agreement or arrangement touching the use of such money commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(17) Any state officer or employee who willfully neglects or refuses to perform the officer's or employee's duty as prescribed in this section or as prescribed in the fiscal rules promulgated by the controller in conformity with this section commits a civil infraction.

(18) (a) to (e) Repealed.

(f) All state agencies are required to make and preserve records of employees' wages and hours and other conditions and practices of employment.

(g) to (j) Repealed.

(19) If any money of the state is paid out from any appropriation or fund for any purpose and such money, or any part thereof, is for any reason subsequently refunded to the state, the controller is authorized to order the money so refunded to be credited to the fund or appropriation from which it was originally paid.

(20) Repealed.

(20.1) The controller, or the controller's designee, is hereby authorized, upon written request made to the controller, to allow any state department, institution, or agency to draw upon its appropriation a sum set by fiscal rule promulgated by the controller, which fiscal rule may not authorize a sum in excess of two thousand five hundred dollars, and considered appropriate for the circumstances, to be used for the payment of incidental expenses. Items of postage, express, telegrams, and other incidental expenses may be paid from such moneys. At the end of each month, or as often as is practicable, the department, institution, or agency making such incidental expenditures shall submit a voucher to the controller covering the total amount of such expenditures and shall submit a list of all such expenditures, together with proper receipts, if any, and the controller shall draw the controller's warrant or check against the proper appropriation to cover all items of expenditures that the controller approves. The controller is also authorized, upon the request of any state department, institution, or agency, to allow a reasonable advance of moneys to employees and officials for authorized travel on official state business not to exceed an amount set by fiscal rule promulgated by the controller.

(21) If, as a result of fire or other insured loss to state property, the state receives moneys from any insurance company, the controller is authorized to deposit such moneys in an account from which he may, without regard to the provisions of part 3 of article 37 of this title and without further legislative action, reimburse contractors for repair, replacement, or reconstruction of state properties damaged or destroyed under a contract executed in accordance with state contracting laws and procedures in effect at the time of the execution of the contract. If the amount of insurance recovery exceeds the actual cost of such repair, replacement, or reconstruction, any balance remaining in said account after payment of actual costs shall revert to the general fund. With respect to the loss or damage to state property which is not insured or the loss or damage to state property which is insured but the insurance does not fully cover the loss or damage, the controller may, with the approval of the governor, without further legislative action, reimburse contractors for the repair, replacement, or reconstruction of such state property up to a maximum amount of one hundred thousand dollars; except that the controller is not authorized to provide for reimbursement for repair, replacement, or reconstruction of state property if the state is self-insured for loss or damage to state property.

(22) The controller shall make uniform and equitable fiscal rules controlling the types of perquisites which may be allowed state employees in the executive branch of government in addition to their regular salaries. Such rules shall include the eligibility of employees to receive such perquisites, the charges to be made for such perquisites, and the method of payment of such charges to the state. Before such rules become effective, they shall be approved by the governor. No employee shall have authority to grant to himself or herself or to any other employee under his or her supervision any perquisite, nor shall any employee receive any perquisite without full payment therefor, except as provided for by statute or by the rules of the controller as authorized in this section. Charges prescribed by such rules shall be reviewed annually by the controller.

(23) Repealed.

(24) (a) The controller shall promulgate fiscal rules requiring that disbursements made in the payment of any liability incurred on behalf of the executive branch of this state be made within forty-five days after such liability was incurred or shall pay interest from the forty-fifth day at a rate of one percent per month on the unpaid balance until the account is paid in full.

(b) As used in subsection (24)(a) of this section, "liability incurred on behalf of the state" means the receipt of supplies, as defined in section 24-101-301 (47), or services, as defined in section 24-101-301 (42), and receipt of a correct notice of the amount due, by the state agency procuring such supplies or services from a nongovernmental entity. No liability is incurred on behalf of the state if a good faith dispute exists as to the state's obligation to pay all or a portion of the account. Nothing in this subsection (24) shall be construed to affect any provision for the time of payment in a written contract between a state agency procuring services or supplies and a nongovernmental entity.

(25) (a) (Deleted by amendment, L. 2005, p. 278, § 9, effective August 8, 2005.)

(b) On July 1, 1985, the controller shall, by fiscal rule, provide for the assessment of a reasonable monetary penalty based on cost against any person who issues a check returned for insufficient funds to any state department, institution, or agency in payment of fees, fines, or other moneys due the state.

(c) For the purposes of this subsection (25), "insufficient funds" means not having a sufficient balance in account with a bank or other drawee for the payment of a check when presented for payment within thirty days after issue.

(d) The penalty provided for in this subsection (25) shall be assessed in addition to any other penalties provided by law except for the penalty provided in section 24-35-114 relating to checks issued to the department of revenue.

(26) The controller shall promulgate equitable fiscal rules concerning travel policies applicable to state employees, including methods of transportation, travel advances, reimbursements, travel allowances, use of travel agents, and use of state or privately owned vehicles, and may promulgate such rules for the implementation of a state travel policy as he deems necessary to assure fair and reasonable expenditures.

(27) To avoid the imposition of duplicative or excessively burdensome or numerous reporting requirements upon state-supported institutions of higher education and to encourage the promulgation of reporting rules that, to the extent possible, require such institutions to provide only data and reports readily accessible to or presently generated by such institutions, the controller shall consult with the Colorado commission on higher education before adopting, amending, or repealing rules affecting or creating reporting requirements applicable to such institutions.

(28) (a) As used in this subsection (28):

(I) (A) "Charitable food organization" means a charitable organization, including a faith-based organization, exempt from federal taxation under the provisions of the federal "Internal Revenue Code of 1986", as amended, that distributes food directly or indirectly for hunger relief in the community.

(B) "Charitable food organization" includes a school food authority as defined in section 22-32-120 (8).

(II) "State agricultural products" means agricultural products produced in the state in accordance with section 24-103-907 (3)(a).

(b) The controller shall promulgate fiscal rules to clarify that state agencies may, under review of the state controller, provide for advance payment for the purchase of state agricultural products by a charitable food organization using state grant money, and may include, as the controller deems necessary, rules for the implementation of the advance payment policy including proper accounting, compliance with industry standards, and determination that the advance payment provides a benefit to the state at least equal to the cost and risk of the advance payment.
C.R.S. § 24-51-308 — CO Code / Title 24 / Article 51 / Part 3 / Section 24-51-308
24-51-308. City managers and key management staff
Status: in_force

24-51-308. City managers and key management staff. Any municipality affiliated with the association may authorize the city manager and key management staff who report directly to the city council or city manager to make a one-time, irrevocable election to be exempted from membership. If so authorized, the city manager and key management staff shall make a written election to become a member or to be exempted from membership within sixty days after becoming employed in the position. In the absence of a written election, such person shall be a member.
C.R.S. § 24-110-206 — CO Code / Title 24 / Article 110 / Part 2 / Section 24-110-206
24-110-206. Use of payments received by a supplying public procurement unit
Status: in_force

24-110-206. Use of payments received by a supplying public procurement unit. All payments from any public procurement unit or external procurement unit that are received by a public procurement unit for supplying personnel or services shall be available for use as authorized by law or pursuant to fiscal rules.
C.R.S. § 24-20-201 — CO Code / Title 24 / Article 20 / Part 2 / Section 24-20-201
24-20-201. Insurrection - firearms prohibited
Status: repealed

24-20-201. Insurrection - firearms prohibited. (Repealed)
C.R.S. § 24-50-1202 — CO Code / Title 24 / Article 50 / Part 12 / Section 24-50-1202
24-50-1202. Legislative declaration - intent
Status: in_force

24-50-1202. Legislative declaration - intent. (1) The general assembly hereby finds and declares that it is the intent of this act to optimize prescription drug savings by the state by requiring the following:

(a) The adoption of a dynamically competitive reverse auction process for state health plan selection of pharmacy benefit managers;

(b) The electronic review and validation of pharmacy benefit manager claims as the foundation for reconciling pharmacy bills; and

(c) The technology-driven evaluation of incumbent pharmacy benefit manager prescription drug pricing based on benchmark comparators derived from pharmacy benefit manager reverse auction processes conducted in the United States over the previous twelve months.
C.R.S. § 24-32-732 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-732
24-32-732. Connecting Coloradans experiencing homelessness with services, recovery care, an
Status: repealed

24-32-732. Connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program - funding - report - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Community partner" means a nonprofit organization that undertakes any of the activities or services described in subsection (2)(c) of this section.

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

(c) "Eligible recipient" means a local government or a community partner that applies for a grant through the grant program.

(d) "Fund" means the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund created in subsection (5)(a) of this section.

(e) "Grant program" means the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program created in subsection (2)(a) of this section.

(f) "Local government" means a county, municipality, city and county, tribal government, special district organized pursuant to title 32, school district, district, housing authority, council of governments, regional planning commission organized pursuant to title 30, or any other political subdivision of the state.

(g) "Match" means monetary and nonmonetary contributions to a project.

(2) Creation of the grant program - projects or programs eligible for funding. (a) There is created in the division the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program to provide grants to eligible recipients to enable them to make investments or improvements in their communities or regions of the state to:

(I) Quickly connect people experiencing homelessness to services, vocational opportunities, recovery care, and temporary and permanent housing in accordance with the requirements of this section; and

(II) Ensure Colorado has a community-based continuum of responses for people experiencing homelessness, including outreach support, emergency shelters, transitional housing, recovery care and related residential programs, training and employment service programs, and permanent housing with wraparound supportive services.

(b) The division shall administer the grant program.

(c) The division may award grants under the grant program to support eligible recipients in projects or programs that:

(I) Provide gap financing for the purchase or conversion of underutilized properties in communities where efforts have been made to encourage conversion of underutilized properties into transitional or supportive housing that provides wraparound services;

(II) Provide supportive services so long as the supportive services meet the grant program goals outlined in subsection (4) of this section. Such supportive services include those described in 42 CFR 578.53, or any successor regulation, and those determined by the division. Funds may be used to provide supportive services in conjunction with capital improvements and housing development projects or as standalone services that are provided to an individual through a service provider.

(III) Invest in data collection, management, and analysis processes to understand the scale of the need throughout the state and whether the activities and investments through this grant and other statewide programs could be effective at reducing the number of people experiencing homelessness;

(IV) Support the coordination and integration of systems to help connect people experiencing homelessness with services and programs that best fit their individual needs; and

(V) Fund housing development projects and homeless response programs that include but are not limited to:

(A) Emergency homeless shelters;

(B) Transitional and bridge housing;

(C) Long-term housing;

(D) Permanent supportive housing with supportive services;

(E) Recovery care and related residential programs;

(F) Affordable home ownership assistance;

(G) Affordable rental housing, including security deposit assistance;

(H) Educational and vocational opportunities; and

(I) Work-based learning opportunities.

(d) In order to receive a grant, an eligible recipient must provide a match in resources, as determined by the division.

(3) Policies, procedures, and guidelines. (a) The division shall develop policies, procedures, and guidelines for the grant program that, without limitation:

(I) Determine how grants funded by the grant program must be used;

(II) Establish criteria that the division must consider in awarding grants pursuant to this section. At a minimum, the criteria must include the consideration of:

(A) The potential impact of a project that an eligible recipient funds with a grant award and how the project meets the goals of the grant program; and

(B) Best practices, data, and regional and local collaboration.

(III) Establish the procedures and timelines by which an eligible recipient may apply for a grant;

(IV) Require grant recipients to offer a match;

(V) Require eligible recipients to demonstrate how the grant funds will be used to increase housing and economic security for individuals being served through the grant program activities and efforts;

(VI) Establish reporting requirements for grant recipients;

(VII) Establish performance criteria for grant recipients' projects;

(VIII) Provide any additional requirements that the division deems necessary to administer the grant program; and

(IX) Demonstrate the ability to leverage private capital, when possible.

(b) Notwithstanding any other provision of this section, the amount of any grant awarded under the grant program and any restrictions or conditions placed upon the use of grant money awarded is within the discretion of the division in accordance with the requirements of this section.

(4) Grant program goals. The grant program must be administered with the goal of reducing the rate and experience of homelessness by supporting communities to develop and implement adequate support systems to effectively respond to the barriers people experiencing homelessness face.

(5) Connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund - transfer of money to the fund - appropriation.

(a) The connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund is created in the department. The fund consists of money transferred to the fund in accordance with subsection (5)(d) of this section; money transferred to the fund from the ARPA refinance state money cash fund pursuant to section 24-75-226.5; money appropriated to the fund by the general assembly; and any gifts, grants, or donations from any public or private sources, including governmental entities, that the division is authorized to seek and accept.

(b) The department shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. All money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the department for the purposes specified in this section.

(c) The division may seek, accept, and expend gifts, grants, or donations from any public or private resource for the purposes of this section. The division shall transmit all money received from gifts, grants, or donations to the department, and the department shall credit the money to the fund.

(d) Within three business days of May 31, 2022, the state treasurer shall transfer one hundred five million dollars from the economic recovery and relief cash fund created in section 24-75-228 that originates from the money the state received from the federal coronavirus state fiscal recovery fund to the fund for the purpose of implementing this section. The department shall only use the money transferred pursuant to this subsection (5)(d), and any money transferred to the fund that originates from the ARPA refinance state money cash fund that is substituted for money transferred from the economic recovery and relief cash fund pursuant to this subsection (5)(d), for:

(I) Making grants to eligible recipients pursuant to the grant program; and

(II) The costs of administering the grant program as may be incurred by the division. The division may expend up to seven percent of the money appropriated or transferred to the fund to pay for the direct and indirect costs in administering the grant program. All administrative costs must be paid out of the money transferred to the fund pursuant to this subsection (5)(d)(II).

(e) The division may expend up to five million dollars of the money appropriated to the fund for data collection and outreach efforts detailed in subsection (2)(c)(III) of this section.

(f) Money spent pursuant to this subsection (5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The division shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(g) The expenditures made pursuant to this section constitute government services.

(h) This subsection (5) is repealed, effective December 31, 2026.

(6) Reporting. (a) The division shall include in the public report the division prepares in accordance with section 24-32-705.5 (1) information summarizing the use of all the money that was awarded as grants from the grant program in the preceding state fiscal year. At a minimum, the information must specify:

(I) The number of local governments or community partners that applied for a grant, including the number of local governments or community partners that were not awarded a grant;

(II) The amount of the grant money distributed to each grant recipient;

(III) A description of each grant recipient's use of the grant money;

(IV) How the use of the grant awarded furthered the goals of the grant program described in subsection (4) of this section; and

(V) Recommendations concerning further administration of the grant program.

(b) The division and any entity that receives money from the division shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(c) In the 2023 legislative session, the department, in conjunction with the department of health care policy and financing, shall share any results, recommendations, and federal implications concerning any current supportive housing pilot programs being administered by the department and division and the department of health care policy and financing as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing pursuant to section 2-7-203. In the 2023 legislative session, the department and the department of health care policy and financing shall submit a report detailing any such results, recommendations, and federal implications concerning any current supportive housing pilot programs being operated by the department and division and the department of health care policy and financing to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or any successor committees.

(7) Repeal. This section is repealed, effective July 1, 2027.
C.R.S. § 24-49.5-105 — CO Code / Title 24 / Article 49.5 / Section 24-49.5-105
24-49.5-105. Historically underutilized businesses - legislative declaration - definitions
Status: in_force

24-49.5-105. Historically underutilized businesses - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) Businesses owned by minorities and women are among the fastest growing in the state but are historically underutilized in government contracts.

(b) Securing government procurement contracts is a major determinant in the success of businesses owned by minorities and women.

(c) The owners of historically underutilized businesses can benefit from surety technical assistance programs that help those businesses qualify for the performance bonds that are required for businesses to bid on public projects.

(d) It is the intent of the general assembly to assist historically underutilized businesses by creating a surety technical assistance program.

(2) In addition to the responsibilities of the director of the minority business office specified in section 24-49.5-103, the director shall establish a program to provide surety technical assistance services for the benefit of historically underutilized businesses and may contract with insurance companies, surety companies, agents, or brokers for the purpose of implementing the program.

(3) The director of the minority business office shall compile a centralized directory of all historically underutilized businesses that have obtained the contract performance and payment bonds required in order to be awarded a government procurement contract. The director shall ensure that the directory is accessible to governmental entities that enter into procurement contracts.

(4) As used in this section, unless the context otherwise requires, "historically underutilized business" means an entity that qualifies as a small business pursuant to 13 CFR 121 and that is a profit-making corporation, sole proprietorship, partnership, or joint venture in which more than fifty percent of the shares of stock or other equitable securities are owned by one or more persons who are members of the following groups:

(a) African American;

(b) Hispanic American, including but not limited to all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

(c) Asian American, including but not limited to persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; and subcontinent Asian American, including but not limited to persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal;

(d) Native American, including but not limited to persons who are American Indians, Eskimos, Aleuts, or Hawaiians of Polynesian descent; or

(e) Women, including women of any group specified in paragraphs (a) to (d) of this subsection (4).
C.R.S. § 24-60-1103 — CO Code / Title 24 / Article 60 / Part 11 / Section 24-60-1103
24-60-1103. Compact administrator - expenses
Status: in_force

24-60-1103. Compact administrator - expenses. The compact administrator provided for in article VII of the compact shall not be entitled to any additional compensation on account of his service as such administrator but shall be entitled to expenses incurred in connection with his duties and responsibilities as such administrator in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.
C.R.S. § 24-33.5-1501 — CO Code / Title 24 / Article 33.5 / Part 15 / Section 24-33.5-1501
24-33.5-1501. Implementation of Title III of superfund act
Status: in_force

24-33.5-1501. Implementation of Title III of superfund act. (1) The general assembly hereby finds and declares that the implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, is a matter of statewide concern.

(2) The department of public safety is the state agency responsible for the implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, and regulations thereunder, as amended.
C.R.S. § 24-94-105 — CO Code / Title 24 / Article 94 / Section 24-94-105
24-94-105. Public-private partnership subcommittee - contract review - lease - sale of stat
Status: in_force

24-94-105. Public-private partnership subcommittee - contract review - lease - sale of state property. (1) Except as otherwise provided in subsection (2) of this section, a state public entity that intends to enter into a contract, sale, or lease of state property pursuant to section 24-82-102.5 or 24-94-104 on or after May 26, 2022, shall submit the proposed contract, sale, or lease of state property to the public-private partnership subcommittee created in section 24-46-102 (4) for the subcommittee's review before entering into the contract, sale, or lease of state property. The state public entity, in coordination with the Colorado economic development commission staff, shall submit a report to the subcommittee regarding the anticipated use of the state property in a time and manner established by the subcommittee. The subcommittee shall review the report and make any recommendations it deems necessary to the state public entity. The state public entity must consider the subcommittee's recommendations, but need not incorporate or adopt any of the recommendations.

(2) Subsection (1) of this section does not apply to a state public entity that intends to enter into a new contract, sale, or lease of state property pursuant to section 24-82-102.5 or 24-92-104 with existing private partners.
C.R.S. § 24-60-1501 — CO Code / Title 24 / Article 60 / Part 15 / Section 24-60-1501
24-60-1501. Compact approved and ratified
Status: in_force

24-60-1501. Compact approved and ratified. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:

INTERSTATE LIBRARY COMPACT

ARTICLE I

Policy and Purpose

Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

ARTICLE II

Definitions

As used in this compact:

(a) "Public library agency" means any unit or agency of local or state government operating or having power to operate a library.

(b) "Private library agency" means any nongovernmental entity which operates or assumes a legal obligation to operate a library.

(c) "Library agreement" means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

ARTICLE III

Interstate Library Districts

(a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.

(b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

(c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:

1. Undertake, administer and participate in programs or arrangements for securing, lending or servicing of books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information from libraries, the value and significance of particular items therein, and the use thereof.

2. Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, (conditional or otherwise), from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same.

3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.

4. Employ professional, technical, clerical and other personnel, and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the inservice training of such personnel.

5. Sue and be sued in any court of competent jurisdiction.

6. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service.

7. Construct, maintain and operate a library, including any appropriate branches thereof.

8. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.

ARTICLE IV

Interstate Library Districts, Governing Board

(a) An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.

(b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.

ARTICLE V

State Library Agency Cooperation

Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.

ARTICLE VI

Library Agreements

(a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

1. Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable.

2. Provide for the allocation of costs and other financial responsibilities.

3. Specify the respective rights, duties, obligations and liabilities of the parties.

4. Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.

(b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state.

(c) No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII of this compact.

ARTICLE VII

Approval of Library Agreements

(a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days of its submission shall constitute approval thereof.

(b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

ARTICLE VIII

Other Laws Applicable

Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.

ARTICLE IX

Appropriations and Aid

(a) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

(b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

ARTICLE X

Compact Administrator

Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.

ARTICLE XI

Entry Into Force and Withdrawal

(a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.

(b) This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.

ARTICLE XII

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
C.R.S. § 24-37.7-107 — CO Code / Title 24 / Article 37.7 / Section 24-37.7-107
24-37.7-107. Financing
Status: in_force

24-37.7-107. Financing. (1) The authority shall fund its operations from:

(a) Federal moneys granted or allocated to the authority;

(b) Website advertising;

(c) Moneys, goods, or in-kind services donated from public or private sources;

(d) Moneys loaned to the authority by any person or entity;

(e) Moneys derived from the issuance and sale of bonds; or

(f) Moneys derived from the sale of services, products, or information.
C.R.S. § 24-11-101 — CO Code / Title 24 / Article 11 / Section 24-11-101
24-11-101. Legal holidays - effect
Status: in_force

24-11-101. Legal holidays - effect. (1) The following days, viz: The first day of January, commonly called New Year's day; the third Monday in January, which shall be observed as the birthday of Dr. Martin Luther King, Jr.; the third Monday in February, commonly called Washington-Lincoln day; the last Monday in May, commonly called Memorial day; the nineteenth day of June, commonly called Juneteenth; the fourth day of July, commonly called Independence day; the first Monday in September, commonly called Labor day; the first Monday in October, commonly called Frances Xavier Cabrini day; the eleventh day of November, commonly called Veterans' day; the fourth Thursday in November, commonly called Thanksgiving day; the twenty-fifth day of December, commonly called Christmas day; and any day appointed or recommended by the governor of this state or the president of the United States as a day of fasting or prayer or thanksgiving, are hereby declared to be legal holidays and shall, for all purposes whatsoever, as regards the presenting for payment or acceptance and the protesting and giving notice of the dishonor of bills of exchange, drafts, bank checks, promissory notes, or other negotiable instruments and also for the holding of courts, be treated and considered as is the first day of the week commonly called Sunday.

(2) In case any of said holidays or any other legal holiday so designated falls upon a Sunday, then the Monday following shall be considered as the holiday, and all notes, bills, drafts, checks, or other negotiable instruments falling due or maturing on either of said days shall be deemed to be payable on the next succeeding business day. In case the return or adjourned day in any suit, matter, or hearing before any court comes on any day referred to in this section, such suit, matter, or proceeding, commenced or adjourned as aforesaid, shall not, by reason of coming on any such day, abate, but the same shall stand continued to the next succeeding day at the same time and place, unless the next day is Sunday, when in such case the same shall stand continued to the next succeeding secular or business day at the same time and place. Nothing in this section shall prevent the issuing or serving of process on any of the days mentioned in this section or on Sunday.

(3) The provisions of this section shall not operate to prohibit agencies in the executive branch of state government from doing business on any of the legal holidays named in this article. Employees under the jurisdiction of the state personnel system who are required to work on any of the legal holidays named in this article shall be granted an alternate day off in the same fiscal year or be paid in accordance with the state personnel system or state fiscal rules.
C.R.S. § 24-51-603 — CO Code / Title 24 / Article 51 / Part 6 / Section 24-51-603
24-51-603. Benefit formula for service retirement
Status: in_force

24-51-603. Benefit formula for service retirement. (1) (a) Except as otherwise provided in subsection (2) of this section, effective July 1, 1997, the option 1 benefit or option A benefit, whichever is applicable, for service retirement for members shall be calculated by multiplying the highest average salary by two and one-half percent times each year and fraction of a year of service credit. The following formula shall be used for this calculation:

Highest Average Salary x (.025 x Years and Fraction of a Year).

(b) (Deleted by amendment, L. 92, p. 1134, § 4, effective July 1, 1992.)

(2) (a) (Deleted by amendment, L. 97, p. 773, § 11, effective July 1, 1997.)

(b) Except as otherwise provided in paragraph (c) of this subsection (2), on and after July 1, 1999, members of the judicial division who were members of that division on or before July 1, 1973, shall be eligible to receive an option 1 benefit upon retiring, which shall be calculated by multiplying the highest average salary by four percent times each year and fraction of a year for the first ten years of service credit, and by one and two-thirds percent times each year and fraction of a year in excess of ten years up to sixteen years of service credit, and by one and one-half percent times each year and fraction of a year in excess of sixteen years up to twenty years of service credit, and by two and one-half percent times each year and fraction of a year in excess of twenty years of service credit. The following formula shall be used for this calculation:

Highest Average Salary x [(.04 x Years and Fraction of a Year through 10 Years) + (.0166 x Years and Fraction of a Year over 10 and up to 16 Years) + (.015 x Years and Fraction of a Year over 16 and up to 20 Years) + (.025 x Years and a Fraction of a Year over 20 Years)].

(c) For any member of the judicial division who retires on or after July 1, 1999, and who is eligible to receive a benefit under this subsection (2), the association shall calculate the member's option 1 benefit under either subsection (1) of this section or this subsection (2), whichever results in the greater benefit.

(d) On July 1, 1999, for any member of the judicial division whose benefit became effective prior to July 1, 1999, and who is eligible to receive a benefit under this subsection (2), the association shall calculate the member's option 1 base benefit prospectively for benefit payments payable on or after July 1, 1999, under either subsection (1) of this section or this subsection (2), whichever results in the greater benefit. The association shall provide benefits to all such benefit recipients based upon such recalculated base benefits effective July 1, 1999.

(3) (a) Regardless of total years of service credit, the option 1 benefit or option A benefit, whichever is applicable, calculated pursuant to the provisions of this part 6 shall not exceed an amount equal to one hundred percent of the highest average salary, nor shall the option 1 benefit or option A benefit, whichever is applicable, exceed the maximum permitted under federal income tax law.

(b) (Deleted by amendment, L. 97, p. 773, § 11, effective July 1, 1997.)

(c) Except as provided in subsection (2) of this section, on July 1, 1997, for benefit recipients whose benefits became effective prior to July 1, 1997, the association shall recalculate each recipient's option 1 base benefit as set forth in subsection (1) of this section, prospectively for benefit payments payable on or after July 1, 1997. The association shall provide benefits to all such benefit recipients based upon such recalculated base benefits effective July 1, 1997.
C.R.S. § 24-50-133 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-133
24-50-133. Subversive acts - disqualification
Status: in_force

24-50-133. Subversive acts - disqualification. No person shall be appointed to or retained in any position in the state personnel system who advocates or knowingly belongs to any organization that advocates the overthrow of the government of the United States by force or violence, with the specific intent of furthering the aims of such organization.
C.R.S. § 24-60-902 — CO Code / Title 24 / Article 60 / Part 9 / Section 24-60-902
24-60-902. Compact approved and ratified
Status: in_force

24-60-902. Compact approved and ratified. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I

Findings and Purpose

(a) The party states find that:

(1) Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare.

(2) There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.

(b) The purposes of this compact are to:

(1) Promote uniformity in regulation of and standards for equipment.

(2) Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.

(3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.

(c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

ARTICLE II

Definitions

As used in this compact:

(a) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

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

(c) "Equipment" means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.

ARTICLE III

The Commission

(a) There is hereby created an agency of the party states to be known as the "Vehicle Equipment Safety Commission" hereinafter called the commission. The commission shall be composed of one commissioner from each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the state which he represents. If authorized by the laws of his party state, a commissioner may provide for the discharge of his duties and the performance of his functions on the commission, either for the duration of his membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.

(b) The commissioners shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.

(c) The commission shall have a seal.

(d) The commission shall elect annually, from among its members, a chairman, a vice-chairman and a treasurer. The commission may appoint an executive director and fix his duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision.

(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.

(f) The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

(g) The commission may borrow, accept or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.

(h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize and dispose of the same.

(i) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

(j) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.

(k) The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.

ARTICLE IV

Research and Testing

The commission shall have power to:

(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in equipment and related fields.

(b) Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.

(c) Contract for such equipment research and testing as one or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing.

(d) Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.

ARTICLE V

Vehicular Equipment

(a) In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission upon due notice shall hold a hearing or hearings at such place or places as it may determine.

(b) Following the hearing or hearings provided for in subdivision (a) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.

(c) Each party state obligates itself to give due consideration to any and all rules, regulations and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.

(d) The commission shall send prompt notice of its action in issuing any rule, regulation or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation or code.

(e) If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation or code. In such event, the commissioner of such party state shall submit any commission rule, regulation or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.

(f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation or code within six months of the sending of the notice, and, upon such adoption, the rule, regulation or code shall have the force and effect of law therein.

(g) The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.

ARTICLE VI

Finance

(a) The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.

(b) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: One-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.

(c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

(d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual reports of the commission.

(e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

(f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VII

Conflict of Interest

(a) The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigations or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.

(b) Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to his control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.

ARTICLE VIII

Advisory and Technical Committees

The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

ARTICLE IX

Entry Into Force and Withdrawal

(a) This compact shall enter into force when enacted into law by any six or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE X

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
C.R.S. § 24-60-2211 — CO Code / Title 24 / Article 9 / Section 24-60-2211
24-60-2211. Coordination with other programs and agencies
Status: in_force

24-60-2211. Coordination with other programs and agencies. The department shall coordinate the low-level radioactive waste program with all other programs within the department and with other local, state, or federal agencies as appropriate. For the purpose of administration and enforcement of matters pertaining to transportation and packaging as provided in this part 22, the department shall coordinate its activities with those of the public utilities commission.
C.R.S. § 24-4.2-108 — CO Code / Title 24 / Article 4.2 / Section 24-4.2-108
24-4.2-108. Report of grants and expenditures
Status: in_force

24-4.2-108. Report of grants and expenditures. (1) Each victims and witnesses assistance and law enforcement board and each crime victim compensation board shall submit a report to the executive director of the department of public safety by such date each year as shall be specified by the executive director of the department of public safety, detailing the amount of funds granted to agencies or individuals pursuant to this article and article 4.1 of this title, the number and types of agencies applying for grants, and the projects and services for which such grants were made.

(2) The division of criminal justice in the department of public safety shall report annually to the crime victim services advisory board created in section 24-4.1-117.3 (1) on all grants made and contracts entered into pursuant to this article. The crime victim services advisory board may review the grants and contracts to determine the existence of any conflicts of interest involving members of boards, recipients, or contracting parties.

(3) (Deleted by amendment, L. 99, p. 686, § 3, effective August 4, 1999.)
C.R.S. § 24-1-101 — CO Code / Title 24 / Article 1 / Section 24-1-101
24-1-101. Legislative declaration
Status: in_force

24-1-101. Legislative declaration. (1) The general assembly declares that this article 1 is necessary to create a structure of state government that is responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions; to strengthen the powers of the governor and provide a reasonable span of administrative and budgetary controls within an orderly organizational structure of state government; to strengthen the role of the general assembly in state government; to encourage greater participation of the public in state government; to effect the grouping of state agencies into a limited number of principal departments primarily according to function; and to eliminate overlapping and duplication of effort. To the ends stated in this section, this article 1 shall be liberally construed.

(2) Since the general assembly enacted the "Administrative Organization Act of 1968", which laid out the structure of the principal departments, assigned and transferred every entity into a principal department, and specified whether the entity was transferred by a type 1 or type 2 transfer or abolished by a type 3 transfer, the general assembly has determined that:

(a) The transfer language used in this article 1 is overly complicated, and the concept that a new entity obtains or retains its powers "as if it were transferred", based on a reorganization that occurred in 1968, is an awkward way of expressing the entity's status;

(b) While the status of an entity is expressed in this article 1, the type 1 or type 2 status of the entity often is not specified in the organic statute that governs the entity, which is where a reader would typically look for this information;

(c) While there were many references to type 3 transfers by which entities were historically abolished, in 2022 the terminology used in the statutes was modernized to simply identify the new entity responsible for the powers, duties, and functions of the abolished entity without the use of the archaic type 3 transfer language; and

(d) The Colorado Revised Statutes would be improved by modernizing the means by which an entity's status is designated and the way in which an entity's powers, duties, and functions are expressed in the "Administrative Organization Act of 1968" and in the organic statute where the entity is created.
C.R.S. § 24-50-103.5 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-103.5
24-50-103.5. Department of personnel - review
Status: in_force

24-50-103.5. Department of personnel - review. (1) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and regulations and that the whole process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that by establishing a system for review, it will be in a better position to evaluate the need for modification of the department of personnel, referred to in this section as the "department", and for modification of the rules and regulations of the board.

(2) (a) The legislative audit committee shall cause to be conducted a performance audit of the department and the board. The performance audit shall be completed at least seven months prior to July 1, 1981. In conducting the audit, the legislative audit committee shall take into consideration, but not be limited to considering, the factors listed in paragraph (b) of subsection (3) of this section. Upon completion of the audit report, the legislative audit committee shall hold a public hearing for purposes of review of the report.

(b) A further performance audit as required in this section shall be completed at least seven months before July 1, 2020, and shall be completed thereafter at the discretion of the state auditor.

(3) (a) Committees of reference in each house of the general assembly shall hold public hearings, receiving testimony from the public, the state personnel director, and the chairman of the board, and in such a hearing the department and the board shall have the burden of demonstrating the extent to which a change in the administration, rules and regulations, or operations of the department or the board may increase the efficiency of administration or operation of the department or the board.

(b) In such hearing, the committee shall take into consideration the following factors, among others:

(I) The extent to which the department and the board have operated in the public interest and economy, and the extent to which their operations have been impeded or enhanced by existing statutes, procedures, and any other circumstances, including budgetary, resource, and personnel matters;

(II) The extent to which the department and the board have recommended statutory changes to the general assembly which would benefit the public as opposed to the persons they regulate;

(III) The extent to which the board has adopted rules and regulations, procedures, or practices which enhance or impede the efficiency or economy of state government;

(IV) The efficiency with which formal complaints filed with the department or the board concerning regulation policies, procedures, or practices have been processed to completion by the department or the board and the decisions thereof;

(V) The effectiveness of the department and the board in implementing incentive systems to reward and encourage excellence in public service, particularly in middle and top management levels;

(VI) The effectiveness of the department or the board in filling job vacancies;

(VII) The effectiveness of staffing levels of the department, particularly in view of the decentralization of functions of the department to other departments of state government;

(VIII) The effectiveness of the department and the board as perceived by executive directors of other departments of state government and members of the general assembly;

(IX) The extent to which changes are necessary in the enabling laws of the department or the board to adequately comply with the factors listed in this paragraph (b); and

(X) The extent to which the authority of the department or the board should be or has been restricted by the annual general appropriation bill.
C.R.S. § 24-32-3311 — CO Code / Title 24 / Article 32 / Part 33 / Section 24-32-3311
24-32-3311. Certification of factory-built structures - rules
Status: in_force

24-32-3311. Certification of factory-built structures - rules. (1) (a) Factory-built structures constructed, sold, or offered for sale within this state after the effective date of the rules promulgated pursuant to this part 33 must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.

(a.3) Manufacturers of factory-built structures to be installed in the state shall register with the division as provided in board rules and are subject to enforcement action, including suspension or revocation of their registration for failing to comply with requirements contained in this part 33 and board rules. A manufacturer shall:

(I) Comply with escrow requirements of down payments as established by the board by rule; and

(II) Provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in an amount and process established by the board by rule. A financial institution or authorized insurer shall pay the division the letter of credit, certificate of deposit, or surety bond if a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that:

(A) The manufacturer failed to deliver the factory-built structure;

(B) The manufacturer failed to refund a down payment made toward the purchase of the factory-built structure; or

(C) The manufacturer ceased doing business operations or filed for bankruptcy.

(a.5) Factory-built structures constructed or sold for transportation to and installation in another state need not bear an insignia of approval issued by the division.

(a.7) (I) The division shall conduct a full design and plan review and inspection of the construction of factory-built structures to the extent the design and construction relates to work performed off site or work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government shall not duplicate efforts to review or approve the construction of a factory-built structure that is under review or approved by the division nor shall it charge building permit fees to cover the cost of plan reviews or inspections performed by the division. A local government's jurisdiction is limited to work done at the installation site in compliance with subsection (6) of this section and includes associated plan review, permits, inspections, and fees.

(II) The division may authorize a local government to inspect and approve work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government may charge inspection fees if authorized to assist the division to inspect and approve work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure.

(b) Rented or leased factory-built structures that are occupied on or after March 1, 2009, must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.

(2) Factory-built residential structures constructed prior to March 31, 1971, are subject to any existing state or local government rules relating to the construction of the structures.

(3) Factory-built nonresidential structures constructed prior to July 1, 1991, are subject to any existing state or local government rules relating to the construction of the structures.

(4) A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state and accounting for any local government installation requirements adopted in compliance with sections 24-32-3310 and 24-32-3318 that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans.

(5) No factory-built structures bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 may be in any way modified contrary to the rules promulgated pursuant to section 24-32-3305 prior to or during installation unless approval is first obtained from the division.

(6) All work at the installation site that is unrelated to the installation of a factory-built structure or unrelated to completing construction of a factory-built structure at the installation site as reflected in the approved plans for the factory-built structure, including additions, modifications, and repairs to a factory-built structure, is subject to applicable local government rules.
C.R.S. § 24-33.5-2504 — CO Code / Title 24 / Article 33.5 / Part 25 / Section 24-33.5-2504
24-33.5-2504. Public safety communications network
Status: in_force

24-33.5-2504. Public safety communications network. (1) To more efficiently support the efforts of state departments, state institutions, state agencies, law enforcement agencies, and any public safety political subdivisions, and to better serve the public, a state public safety communications network is established, the construction, maintenance, security, and management of which is under the supervision of the director of the office.

(2) The director of the division shall appoint assistants, clerical staff, and other personnel as may be necessary to discharge the duties and responsibilities set forth by this part 25.
C.R.S. § 24-73-103 — CO Code / Title 24 / Article 73 / Section 24-73-103
24-73-103. Governmental entity - notification of security breach
Status: in_force

24-73-103. Governmental entity - notification of security breach. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Biometric data" means unique biometric data generated from measurements or analysis of human body characteristics for the purpose of authenticating the individual when he or she accesses an online account.

(b) "Determination that a security breach occurred" means the point in time at which there is sufficient evidence to conclude that a security breach has taken place.

(c) "Encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security.

(d) "Governmental entity" means the state and any state agency or institution, including the judicial department, county, city and county, incorporated city or town, school district, special improvement district, authority, and every other kind of district, instrumentality, or political subdivision of the state organized pursuant to law. "Governmental entity" includes entities governed by home rule charters. "Governmental entity" does not include an entity acting as a third-party service provider as defined in subsection (1)(i) of this section.

(e) "Medical information" means any information about a consumer's medical or mental health treatment or diagnosis by a health-care professional.

(f) "Notice" means:

(I) Written notice to the postal address listed in the records of the governmental entity;

(II) Telephonic notice;

(III) Electronic notice, if a primary means of communication by the governmental entity with a Colorado resident is by electronic means or the notice provided is consistent with the provisions regarding electronic records and signatures set forth in the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq.; or

(IV) Substitute notice, if the governmental entity required to provide notice demonstrates that the cost of providing notice will exceed two hundred fifty thousand dollars, the affected class of persons to be notified exceeds two hundred fifty thousand Colorado residents, or the governmental entity does not have sufficient contact information to provide notice. Substitute notice consists of all of the following:

(A) E-mail notice if the governmental entity has e-mail addresses for the members of the affected class of Colorado residents;

(B) Conspicuous posting of the notice on the website page of the governmental entity if the governmental entity maintains one; and

(C) Notification to major statewide media.

(g) (I) "Personal information" means:

(A) A Colorado resident's first name or first initial and last name in combination with any one or more of the following data elements that relate to the resident, when the data elements are not encrypted, redacted, or secured by any other method rendering the name or the element unreadable or unusable: Social security number; driver's license number or identification card number; student, military, or passport identification number; medical information; health insurance identification number; or biometric data, as defined in subsection (1)(a) of this section;

(B) A Colorado resident's username or e-mail address, in combination with a password or security questions and answers, that would permit access to an online account; or

(C) A Colorado resident's account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to that account.

(II) "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or widely distributed media.

(h) "Security breach" means the unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a governmental entity. Good faith acquisition of personal information by an employee or agent of a governmental entity for the purposes of the governmental entity is not a security breach if the personal information is not used for a purpose unrelated to the lawful government purpose or is not subject to further unauthorized disclosure.

(i) "Third-party service provider" means an entity that has been contracted to maintain, store, or process personal information on behalf of a governmental entity.

(2) Disclosure of breach. (a) A governmental entity that maintains, owns, or licenses computerized data that includes personal information about a resident of Colorado shall, when it becomes aware that a security breach may have occurred, conduct in good faith a prompt investigation to determine the likelihood that personal information has been or will be misused. The governmental entity shall give notice to the affected Colorado residents unless the investigation determines that the misuse of information about a Colorado resident has not occurred and is not reasonably likely to occur. Notice must be made in the most expedient time possible and without unreasonable delay, but not later than thirty days after the date of determination that a security breach occurred, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system.

(b) In the case of a breach of personal information, notice required by this subsection (2) to affected Colorado residents must include, but need not be limited to, the following information:

(I) The date, estimated date, or estimated date range of the security breach;

(II) A description of the personal information that was acquired or reasonably believed to have been acquired as part of the security breach;

(III) Information that the resident can use to contact the governmental entity to inquire about the security breach;

(IV) The toll-free numbers, addresses, and websites for consumer reporting agencies;

(V) The toll-free number, address, and website for the federal trade commission; and

(VI) A statement that the resident can obtain information from the federal trade commission and the credit reporting agencies about fraud alerts and security freezes.

(c) If an investigation by the governmental entity pursuant to subsection (2)(a) of this section determines that the type of personal information described in subsection (1)(g)(I)(B) of this section has been misused or is reasonably likely to be misused, then the governmental entity shall, in addition to the notice otherwise required by subsection (2)(b) of this section and in the most expedient time possible and without unreasonable delay, but not later than thirty days after the date of determination that a security breach occurred, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system:

(I) Direct the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same username or e-mail address and password or security question or answer.

(II) For log-in credentials of an e-mail account furnished by the governmental entity, the governmental entity shall not comply with this section by providing the security breach notification to that e-mail address, but may instead comply with this section by providing notice through other methods, as defined in subsection (1)(f) of this section, or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an internet protocol address or online location from which the governmental entity knows the resident customarily accesses the account.

(d) The breach of encrypted or otherwise secured personal information must be disclosed in accordance with this section if the confidential process, encryption key, or other means to decipher the secured information was also acquired in the security breach or was reasonably believed to have been acquired.

(e) A governmental entity that is required to provide notice pursuant to this subsection (2) is prohibited from charging the cost of providing such notice to individuals.

(f) Nothing in this subsection (2) prohibits the notice described in this subsection (2) from containing additional information, including any information that may be required by state or federal law.

(g) If a governmental entity uses a third-party service provider to maintain computerized data that includes personal information, then the third-party service provider shall give notice to and cooperate with the governmental entity in the event of a security breach that compromises such computerized data, including notifying the governmental entity of any security breach in the most expedient time and without unreasonable delay following discovery of a security breach, if misuse of personal information about a Colorado resident occurred or is likely to occur. Cooperation includes sharing with the covered entity information relevant to the security breach; except that such cooperation does not require the disclosure of confidential business information or trade secrets.

(h) Notice required by this section may be delayed if a law enforcement agency determines that the notice will impede a criminal investigation and the law enforcement agency has notified the governmental entity that operates in Colorado not to send notice required by this section. Notice required by this section must be made in good faith, in the most expedient time possible and without unreasonable delay, but not later than thirty days after the law enforcement agency determines that notification will no longer impede the investigation, and has notified the governmental entity that it is appropriate to send the notice required by this section.

(i) If a governmental entity is required to notify more than one thousand Colorado residents of a security breach pursuant to this section, the governmental entity shall also notify, in the most expedient time possible and without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined by the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681a (p), of the anticipated date of the notification to the residents and the approximate number of residents who are to be notified. Nothing in this subsection (2)(i) requires the governmental entity to provide to the consumer reporting agency the names or other personal information of security breach notice recipients. This subsection (2)(i) does not apply to a person who is subject to Title V of the federal "Gramm-Leach-Bliley Act", 15 U.S.C. sec. 6801 et seq.

(j) A waiver of these notification rights or responsibilities is void as against public policy.

(k) (I) The governmental entity that must notify Colorado residents of a data breach pursuant to this section shall provide notice of any security breach to the Colorado attorney general in the most expedient time possible and without unreasonable delay, but not later than thirty days after the date of determination that a security breach occurred, if the security breach is reasonably believed to have affected five hundred Colorado residents or more, unless the investigation determines that the misuse of information about a Colorado resident has not occurred and is not likely to occur.

(II) The Colorado attorney general shall designate a person or persons as a point of contact for functions set forth in this subsection (2)(k) and shall make the contact information for that person or those persons public on the attorney general's website and by any other appropriate means.

(l) The breach of encrypted or otherwise secured personal information must be disclosed in accordance with this section if the confidential process, encryption key, or other means to decipher the secured information was also acquired or was reasonably believed to have been acquired in the security breach.

(3) Procedures deemed in compliance with notice requirements. (a) Pursuant to this section, a governmental entity that maintains its own notification procedures as part of an information security policy for the treatment of personal information and whose procedures are otherwise consistent with the timing requirements of this section is in compliance with the notice requirements of this section if the governmental entity notifies affected Colorado residents in accordance with its policies in the event of a security breach; except that notice to the attorney general is still required pursuant to subsection (2)(k) of this section.

(b) A governmental entity that is regulated by state or federal law and that maintains procedures for a security breach pursuant to the laws, rules, regulations, guidances, or guidelines established by its state or federal regulator is in compliance with this section; except that notice to the attorney general is still required pursuant to subsection (2)(k) of this section. In the case of a conflict between the time period for notice to individuals, the law or regulation with the shortest notice period controls.

(4) Violations. The attorney general may bring an action for injunctive relief to enforce the provisions of this section.

(5) Attorney general criminal authority. Upon receipt of notice pursuant to subsection (2) of this section, and with either a request from the governor to prosecute a particular case or with the approval of the district attorney with jurisdiction to prosecute cases in the judicial district where a case could be brought, the attorney general has the authority to prosecute any criminal violations of section 18-5.5-102.
C.R.S. § 24-112-101 — CO Code / Title 24 / Article 112 / Section 24-112-101
24-112-101. Effective date - applicability
Status: repealed

24-112-101. Effective date - applicability. (1) This code shall take effect on January 1, 1982. The provisions of this code apply to contracts solicited or entered into on or after said date, although the parties to a contract may agree to the application of this code to a contract solicited or entered into prior to January 1, 1982.

(2) Contracts validly entered into prior to January 1, 1982, and the rights, duties, and interests flowing from them remain valid on or after said date and may be terminated, performed, or enforced as required or permitted by any statute or other law amended or repealed by the enactment of this code as though such repeal or amendment had not occurred unless the parties agreed at the time of formation of such contract that the provisions of this code would apply.
C.R.S. § 24-33.5-1216 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1216
24-33.5-1216. Volunteer firefighters - tuition vouchers - community and technical colleges
Status: in_force

24-33.5-1216. Volunteer firefighters - tuition vouchers - community and technical colleges. (1) The division shall collaborate with the state board for community colleges and occupational education created in section 23-60-104 (1)(b), C.R.S., and the board of the trustees for each local community college as specified in section 23-71-122, C.R.S., to develop a system to provide a tuition voucher for three credits per academic year to a qualified volunteer firefighter who is a full-time or part-time student at an institution in the state system of community and technical colleges or a local community college and who agrees to serve as a volunteer firefighter for no less than four years after completing his or her education at the institution.

(2) For purposes of this section, "local community college" includes Aims community college and Colorado mountain college.

(3) The division shall fund the tuition vouchers specified in subsection (1) of this section from the volunteer firefighter tuition voucher fund created in section 24-33.5-1215; except that, if the volunteer firefighter tuition voucher fund does not have sufficient moneys to fund the tuition vouchers, the division may use any existing appropriation.
C.R.S. § 24-33.5-1235 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1235
24-33.5-1235. Regional and statewide mutual aid system - powers and duties of division directo
Status: in_force

24-33.5-1235. Regional and statewide mutual aid system - powers and duties of division director - rules - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that:

(I) Natural and manmade emergencies that overwhelm or have the potential to overwhelm local fire and EMS resources pose a serious threat to life, property, critical infrastructure, the economy, and the environment across the state;

(II) A systematic, proactive approach to the initial response to such incidents, regardless of cause, location, or complexity, is needed in order to protect life, property, critical infrastructure, the economy, and environment across the state; and

(III) It is essential to the proper management of such incidents to develop a regional and statewide mutual aid system among the various local fire and emergency medical response agencies to ensure rapid coordinated initial response.

(b) The general assembly intends this section to establish a regional and statewide mutual aid system to be administered by the division.

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

(a) "Colorado coordinated regional mutual aid system" or "CCRMAS" means the coordinated regional mutual aid system created in subsection (3) of this section.

(b) "Division of fire prevention and control" or "DFPC" means the division of fire prevention and control in the department of public safety created in section 24-33.5-1201.

(c) "Emergency incident" means a natural or manmade emergency incident that overwhelms or has the potential to overwhelm local fire and EMS resources, which incidents include, without limitation, wildland fires, fires occurring in wildland-urban interface areas, structural fires, tornadoes, floods, explosions, weapons of mass destruction, mass casualty, hazardous materials incidents, technical rescue and extrication, emergency medical transport, and emergency medical services.

(d) (I) "Emergency responder" means a county improvement district providing fire protection services or other county departments or agencies providing fire or emergency medical services, municipal fire departments, fire protection districts, metropolitan districts providing fire protection services, fire authorities, hazardous material authorities, volunteer fire departments recognized under the "Volunteer Fire Department Organization Act" in section 24-33.5-1208.5, health services districts providing ambulance services, and ambulance districts.

(II) "Emergency responder" also includes other public, private, nonprofit, or government organizations that have been accepted into the RSMAS by the director of the division and that provide one or more of the following services in the state of Colorado: Fire suppression; technical rescue; emergency extrication; hazardous materials; or all-hazards emergency response, ambulance, or emergency medical services.

(e) "EMS" means emergency medical services.

(f) "Regional and statewide mutual aid system" or "RSMAS" means a regional and statewide system that provides for the coordinated initial response of emergency responders to emergency incidents.

(3) The director of the division shall establish, implement, and maintain the RSMAS, which authority encompasses the following additional powers and duties, without limitation:

(a) Implementing the Colorado coordinated regional mutual aid system. The CCRMAS establishes geographic areas within the state to be known as DFPC districts. Each DFPC district must be operated by a regional mutual aid coordinator, who shall ensure that a competent mutual aid plan for fire, EMS, and emergency responders exists in each DFPC district and who shall serve as the point of contact within the DFPC district and coordinate mutual aid requests. The duties of each regional mutual aid coordinator shall include without limitation:

(I) Gathering and providing information for a statewide common operating picture;

(II) Coordinating, assisting, and bridging gaps with the interagency dispatch system;

(III) Coordinating with the office of emergency management created in section 24-33.5-705 (1) to ensure efficient and effective implementation and integration of the mobilization plan required by section 24-33.5-705.4 (3)(a) and other state and local emergency operations plans, as appropriate.

(IV) Facilitating transition from initial attack and mutual aid response to extended attack and large scale resource mobilization;

(V) Developing mutual aid plans where none exist;

(VI) Ensuring an accurate inventory of resources in the region and ensuring the inventory is included in the mobilization system described in section 24-33.5-705.4;

(VII) Ensuring the participation of all agencies;

(VIII) Exercising existing and newly developed mutual aid plans; and

(IX) Activating mutual aid plans within a region in response to requests;

(b) Establishing, staffing, and maintaining a state coordination center, which center is responsible for the overall coordination of the RSMAS and CCRMAS, including the oversight and coordination with the DFPC districts and the regional mutual aid coordinators;

(c) Establishing the mechanisms by which an emergency responder can activate the RSMAS and CCRMAS; and

(d) Promulgating rules for the appropriate implementation, operation, and maintenance of the RSMAS and CCRMAS.

(4) (a) Unless an emergency responder has opted out of the RSMAS and CCRMAS in accordance with subsection (4)(c) of this section, all emergency responders are part of the RSMAS and CCRMAS. An emergency responder is relieved from any duty to make its equipment and personnel available if the emergency responder determines that such equipment and personnel:

(I) Are needed within the emergency responder's service area;

(II) Are not available because of their prior use at another location; or

(III) Are not available because of equipment mechanical break down, insufficient personnel, or otherwise.

(b) An emergency responder shall determine whether any personnel and equipment must be provided and, if so, the specific personnel and equipment that will be provided.

(c) An emergency responder, including an emergency responder that the director of the division has previously accepted into the RSMAS and CCRMAS, may opt out of the RSMAS and CCRMAS by submitting to the director of the division written notice of the emergency responder's intent to opt out of the RSMAS and CCRMAS. An emergency responder that opts out of the RSMAS and CCRMAS is only eligible for reimbursement to the extent authorized in the rules promulgated by the director of the division.

(d) Nothing in this section affects any other mutual aid agreement that may be entered into by one or more emergency responders.

(e) An emergency responder's provision of personnel under the RSMAS and CCRMAS does not constitute a temporary assignment and section 29-5-105 and sections 29-5-107 to 29-5-110 do not apply to an emergency responder's provision of personnel under the RSMAS and CCRMAS.

(f) Notwithstanding any rule or regulation adopted by the Colorado department of health and environment or any federal or state statute, an emergency responder that is duly licensed to operate an ambulance in a county within the state and is providing such ambulance services pursuant to the RSMAS and CCRMAS is not required to be licensed in any county in which it responds.

(5) The division may seek and accept gifts, grants, reimbursements, or donations from any public or private source for the purpose of this section.
C.R.S. § 24-65.1-403 — CO Code / Title 24 / Article 65.1 / Part 4 / Section 24-65.1-403
24-65.1-403. Technical and financial assistance
Status: in_force

24-65.1-403. Technical and financial assistance. (1) Appropriate state agencies shall provide technical assistance to local governments in order to assist local governments in designating matters of state interest and adopting guidelines for the administration thereof.

(2) (a) The department of local affairs shall oversee and coordinate the provision of technical assistance and provide financial assistance as may be authorized by law.

(b) The department of local affairs shall determine whether technical or financial assistance or both are to be given to a local government on the basis of the local government's:

(I) Showing that current or reasonably foreseeable development pressures exist within the local government's jurisdiction; and

(II) Plan describing the proposed use of technical assistance and expenditure of financial assistance.

(3) (a) Any local government applying for federal or state financial assistance for floodplain studies shall provide prior notification to the Colorado water conservation board. The board shall coordinate and prescribe the standards for all floodplain studies conducted pursuant to this article, including those conducted by federal, local, or other state agencies, to the end that reasonably uniform standards can be applied to the identification and designation of all floodplains within the state and to minimize duplication of effort.

(b) No floodplains shall be designated by any local government until such designation has been first approved by the Colorado water conservation board as provided in sections 30-28-111 and 31-23-301, C.R.S.
C.R.S. § 24-72-308.8 — CO Code / Title 24 / Article 72 / Part 3 / Section 24-72-308.8
24-72-308.8. Sealing of criminal conviction records information for offenses involving theft
Status: repealed

24-72-308.8. Sealing of criminal conviction records information for offenses involving theft of public transportation services. (Repealed)
C.R.S. § 24-60-705 — CO Code / Title 24 / Article 60 / Part 7 / Section 24-60-705
24-60-705. Financial arrangements
Status: in_force

24-60-705. Financial arrangements. The compact administrator, subject to the approval of the controller, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder within the limits of appropriations made therefor.
C.R.S. § 24-34-803 — CO Code / Title 24 / Article 34 / Part 8 / Section 24-34-803
24-34-803. Rights of individuals with service animals
Status: in_force

24-34-803. Rights of individuals with service animals. (1) A qualified individual with a disability has the right to be accompanied by a service animal individually trained for that individual without being required to pay an extra charge for the service animal in or on the following places or during the following activities and subject to the conditions and limitations established by law and applicable alike to all individuals:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(2) A trainer of a service animal, or an individual with a disability accompanied by an animal that is being trained to be a service animal, has the right to be accompanied by the service animal in training without being required to pay an extra charge for the service animal in training in or on the following places or during the following activities:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(3) (a) An employer shall allow an employee with a disability who is accompanied by a service animal to keep the employee's service animal with the employee at all times in the place of employment. An employer shall not fail or refuse to hire or discharge any individual with a disability, or otherwise discriminate against any individual with a disability, with respect to compensation, terms, conditions, or privileges of employment because that individual with a disability is accompanied by a service animal individually trained for that individual.

(b) An employer shall make reasonable accommodation to make the workplace accessible for an otherwise qualified individual with a disability who is an applicant or employee and who is accompanied by a service animal individually trained for that individual unless the employer can show that the accommodation would impose an undue hardship on the employer's business. For purposes of this paragraph (b), "undue hardship" and "reasonable accommodation" have the same meaning as set forth in Title I of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec 12101 et seq., and its related amendments and implementing regulations.

(4) The owner or individual with a disability who has control or custody of a service animal or the trainer of a service animal is liable for any damage to persons, premises, or facilities, including places of housing, places of public accommodation, and places of employment, caused by that individual's service animal or service animal in training. The individual who has control or custody of a service animal or a service animal in training is subject to the provisions of section 18-9-204.5, C.R.S.

(5) An individual with a disability who owns a service animal is exempt from any state or local licensing fees or charges that might otherwise apply in connection with owning a similar animal.

(6) The mere presence of a service animal in a place of public accommodation is not grounds for any violation of a sanitary standard, rule, or regulation promulgated pursuant to section 25-4-1604, C.R.S.
C.R.S. § 24-4.1-206 — CO Code / Title 24 / Article 4.1 / Part 2 / Section 24-4.1-206
24-4.1-206. Annual reports of funds
Status: in_force

24-4.1-206. Annual reports of funds. No later than February 15 of each year, the board shall make available a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. The board shall notify, in the most cost-effective manner available, each member of the general assembly of the availability of such report and offer to provide each member with a copy of the report.
C.R.S. § 24-80-601 — CO Code / Title 24 / Article 80 / Part 6 / Section 24-80-601
24-80-601. Name changed from Grand
Status: in_force

24-80-601. Name changed from Grand. The name of the Grand river in Colorado is hereby changed to the Colorado river, by which name said river, after March 24, 1921, shall be known from its source to where it crosses the western boundary of the state of Colorado.
C.R.S. § 24-82-403 — CO Code / Title 24 / Article 82 / Part 4 / Section 24-82-403
24-82-403. State agency - powers and duties
Status: in_force

24-82-403. State agency - powers and duties. (1) The state agency is hereby authorized:

(a) To acquire from the United States under and in conformance with the provisions of section 203 (j) of the "Federal Property and Administrative Services Act of 1949", as amended, such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States as may be usable and necessary for educational purposes, public health purposes, or civil defense, including research for any such purpose, and for such other purposes as may be authorized by federal law;

(b) To warehouse such property; and

(c) To distribute such property within the state to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities within the state, and to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges, and universities which are exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, to civil defense organizations of the state, or political subdivisions and instrumentalities thereof, which are established pursuant to state law, and to such other types of institutions or activities as may become eligible under federal law to acquire such property.

(2) The state agency is authorized to receive applications from eligible institutions listed in subsection (1)(c) of this section for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting such applications from the appropriate health or educational authorities of the state, make recommendations as to the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for such purposes, and otherwise assist in the processing of such applications for acquisition of real and related personal property of the United States under section 203 (k) of the "Federal Property and Administrative Services Act of 1949", as amended.

(3) For the purpose of executing its authority under this part 4, the state agency is authorized to adopt, amend, or rescind such rules and regulations and prescribe such requirements as may be deemed necessary and to take such other actions as are deemed necessary and suitable in the administration of this part 4 to assure maximum utilization by and benefit to health, educational, and civil defense institutions and organizations within the state from property distributed under this part 4.

(4) The state agency is authorized to make such certification, take such action, make such expenditures, and enter into such contracts, agreements, and undertakings for and in the name of the state (including cooperative agreements with any federal agencies providing for utilization by and exchange between them of the property, facilities, personnel, and services of each by the other with reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received by the state agency from the United States.

(5) The state agency is authorized to act as a clearinghouse of information for the public and private nonprofit institutions, organizations, and agencies referred to in subsection (1) of this section and other institutions eligible to acquire federal surplus real property, to locate both real and personal property available for acquisition from the United States, to ascertain the terms and conditions under which such property may be obtained, to receive requests from said institutions, organizations, and agencies, and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions under this part 4.

(6) The state agency, in the administration of this part 4, shall cooperate to the fullest extent consistent with the provisions of this part 4 with the department or agencies of the United States and shall file a state plan of operation, operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with this part 4, and make such reports in such form and containing such information as the United States or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States and the rules and regulations of any of the departments or agencies of the United States governing the allocation, transfer, use, or accounting for property donable or donated to the state.

(7) The director of the agency shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the agency. Publications of the agency circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
C.R.S. § 24-72-309 — CO Code / Title 24 / Article 72 / Part 3 / Section 24-72-309
24-72-309. Violation - penalty
Status: in_force

24-72-309. Violation - penalty. Any person who willfully and knowingly violates the provisions of this part 3 commits a petty offense.
C.R.S. § 24-51-1402 — CO Code / Title 24 / Article 51 / Part 14 / Section 24-51-1402
24-51-1402. Contributions to the voluntary investment program
Status: in_force

24-51-1402. Contributions to the voluntary investment program. (1) An eligible employee pursuant to section 24-51-1401 may participate in the voluntary investment program authorized in section 24-51-1401 by authorizing his or her employer, as defined in section 24-51-101 (20), to contribute an amount by payroll deduction in lieu of receiving such amount as salary or pay. The amount of such contribution by a participant shall be subject to any limitations established by federal law. These voluntary contributions, in addition to investment earnings, shall be exempt from federal and state income taxes until the ultimate distribution of such contributions has been made to the participant, member, former member, or beneficiary.

(2) The board may, at its discretion, allow participants in the voluntary investment program to elect to make after-tax voluntary contributions to the voluntary investment program by payroll deduction. Investment earnings on such contributions are exempt from federal and state income taxes until the ultimate distribution of such contributions has been made to the participant, member, former member, or beneficiary.

(3) All voluntary contributions by a participating member shall be included in the salary of such member for the purpose of calculating member and employer contributions pursuant to the provisions of section 24-51-401. The member contribution provisions of section 24-51-401 and the matching employer contribution provisions of section 24-51-408.5 shall not apply to any voluntary contribution made by a retiree.

(4) The employer shall deliver all voluntary contributions to the service provider designated by the association within five days after the date that the participants are paid and consistent with the provisions of section 24-51-401 (1.7)(c) and (1.7)(d).

(5) (a) Effective July 1, 2009, all assets of the state defined contribution match plan established pursuant to section 24-52-104, as said section existed prior to its repeal in 2009, shall be transferred via trustee-to-trustee transfer to the association's voluntary investment program trust fund created in section 24-51-208 (1)(g), and such defined contribution match plan shall be merged into the association's voluntary investment program. An individual's account in the state defined contribution match plan shall become part of the individual's existing 401(k) plan account if one exists. If the individual does not have an existing 401(k) plan account, a separate account shall be created for the individual within the trust fund and administered in accordance with the terms of the voluntary investment program. The administration of such asset transfer shall be determined by the board.

(b) For purposes of this subsection (5), "existing 401(k) plan account" means a voluntary investment account authorized under 26 U.S.C. sec. 401(k), as amended.
C.R.S. § 24-18-201 — CO Code / Title 24 / Article 18 / Part 2 / Section 24-18-201
24-18-201. Interests in contracts
Status: in_force

24-18-201. Interests in contracts. (1) Members of the general assembly, public officers, local government officials, or employees shall not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of his employment, contract or be employed by an employer who contracts with a state agency or any local government involving matters with which he was directly involved during his employment. For purposes of this section, the term:

(a) "Be interested in" does not include holding a minority interest in a corporation.

(b) "Contract" does not include:

(I) Contracts awarded to the lowest responsible bidder based on competitive bidding procedures;

(II) Merchandise sold to the highest bidder at public auctions;

(III) Investments or deposits in financial institutions which are in the business of loaning or receiving moneys;

(IV) A contract with an interested party if, because of geographic restrictions, a local government could not otherwise reasonably afford itself of the subject of the contract. It shall be presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than ten percent of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period.

(V) A contract with respect to which any member of the general assembly, public officer, local government official, or employee has disclosed a personal interest and has not voted thereon or with respect to which any member of the governing body of a local government has voted thereon in accordance with section 24-18-109 (3)(b) or 31-4-404 (3), C.R.S. Any such disclosure shall be made: To the governing body, for local government officials and employees; in accordance with the rules of the house of representatives and the senate, for members of the general assembly; and to the secretary of state, for all others.
C.R.S. § 24-20-204 — CO Code / Title 24 / Article 20 / Part 2 / Section 24-20-204
24-20-204. Violation - penalty
Status: repealed

24-20-204. Violation - penalty. (Repealed)
C.R.S. § 24-37-402 — CO Code / Title 24 / Article 37 / Part 4 / Section 24-37-402
24-37-402. Definitions
Status: in_force

24-37-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Contract" means a pay for success contract entered into by the office and a lead contractor, or the office, one or more local governments, and a lead contractor as authorized by section 24-37-403.

(2) "Fund" means the pay for success contracts fund created in section 24-37-403.

(3) "Investor" means a person or entity that is not a lead contractor or provider and that provides working capital to fund the provision of services under a contract.

(4) "Lead contractor" means an organization or local government selected by the director of the office to participate in the state program by:

(a) Entering into a pay for success contract with the office or with the office and one or more local governments, as applicable, to provide program-eligible interventions directly or through subcontracts with other providers;

(b) Overseeing the provision of program-eligible interventions by any other providers with which it subcontracts; and

(c) Using its own money or borrowing money to pay the costs of providing program-eligible interventions throughout the contract as negotiated by the parties and, if the program-eligible interventions that it provides meet the defined performance targets established in a pay for success contract, receiving success payments.

(5) "Local government" means a county, municipality, or school district.

(6) "Program-eligible interventions" means services provided in order to improve the lives and living conditions of individuals by increasing economic opportunity and the likelihood of healthy futures and promoting child and youth development.

(7) "Provider" means a person or entity that provides program-eligible interventions on a for-profit or nonprofit basis. "Provider" includes:

(a) A lead contractor that provides program-eligible interventions directly rather than entering into subcontracts with other providers for the provision of such interventions; and

(b) A local government, which may be the same local government that establishes a program-eligible interventions program, that provides program-eligible interventions.

(8) "School district" means any public school district organized under state law or an institute charter school created pursuant to part 5 of article 30.5 of title 22, C.R.S. "School district" does not include a local college district.

(9) "State program" means the pay for success contracts program established in section 24-37-403.

(10) "Success payments" means payments made to the lead contractor for meeting defined performance targets specified in a pay for success contract.
C.R.S. § 24-38-205 — CO Code / Title 24 / Article 38 / Part 2 / Section 24-38-205
24-38-205. Organizations banned from contract awards
Status: in_force

24-38-205. Organizations banned from contract awards. Notwithstanding any provision of this part 2 to the contrary, any organization banned from receiving federal funds, and any successor organizations, shall not be awarded a public-private initiative contract pursuant to this part 2.
C.R.S. § 24-32-1615 — CO Code / Title 24 / Article 32 / Part 16 / Section 24-32-1615
24-32-1615. Operative dates - provisional repeal
Status: repealed

24-32-1615. Operative dates - provisional repeal. (Repealed)
C.R.S. § 24-103-404 — CO Code / Title 24 / Article 103 / Part 4 / Section 24-103-404
24-103-404. Motor carriers
Status: repealed

24-103-404. Motor carriers. (Repealed)
C.R.S. § 24-6-303 — CO Code / Title 24 / Article 6 / Part 3 / Section 24-6-303
24-6-303. Registration as professional lobbyist - filing of disclosure statements - certif
Status: repealed

24-6-303. Registration as professional lobbyist - filing of disclosure statements - certificate of registration - legislative declaration. (1) Before lobbying, a professional lobbyist shall file an electronic registration statement with the secretary of state that contains:

(a) His or her full legal name, business address, and business telephone number;

(b) The name, address, and telephone number of his or her employer, if applicable;

(c) The name, address, and telephone number of the client for whom he or she will be lobbying; and

(d) The name, address, and telephone number of any other professional lobbyist for whom he or she is lobbying on a subcontract basis.

(1.3) (a) At the time a professional lobbyist files a registration statement in accordance with subsection (1) of this section prior to engaging in lobbying, and each time such lobbyist files an updated registration statement in accordance with subsection (1.5) of this section, such individual shall pay a registration fee in an amount that shall be set by the secretary of state by rule promulgated in accordance with article 4 of this title and shall be set at a level that offsets the costs to the secretary of state of providing electronic access to information pursuant to section 24-6-304 (2), and in processing and maintaining the disclosure information required by this part 3. The secretary of state shall charge a reduced fee to a professional lobbyist that files his or her registration statement pursuant to paragraph (b) of subsection (6.3) of this section. The secretary of state may waive the fee of a professional lobbyist for a not-for-profit organization who derives his or her compensation solely from the organization. A volunteer lobbyist shall be exempt from the requirement to pay the registration fee mandated by this paragraph (a).

(b) All fees collected pursuant to the provisions of this subsection (1.3) shall be credited to the department of state cash fund created in section 24-21-104 (3)(b).

(1.5) A professional lobbyist shall file an updated registration statement on or before July 15 of each year unless at that time he or she is no longer a professional lobbyist. Registration under this subsection (1.5) shall be effective until July 1 of the next year.

(2) A professional lobbyist shall file disclosure statements as required by section 24-6-302.

(3) Consistent with the requirements of subsection (6.3) of this section, a hard copy of all registration statements and disclosure statements of professional lobbyists and lobbying firms must be compiled by the secretary of state within thirty days after the end of the calendar month for which such information is filed and shall be organized alphabetically according to the names of the lobbyists and firms.

(4) No individual shall act as a professional lobbyist unless he has received a certificate of registration as provided in section 24-6-305 (1).

(5) An individual shall not be considered a lobbyist solely because of his or her appearance as a witness in rule, standard, or rate-making proceedings.

(6) This section shall not apply to any political committee, volunteer lobbyist, citizen who lobbies on his or her own behalf, state official or employee acting in his or her official capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity.

(6.3) (a) No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a system that enables electronic filing of the reports required by this part 3 by utilizing the internet. Rules concerning the manner in which reports required by this part 3 may be filed electronically, including but not limited to the information to be contained in such reports, the procedure for amending such reports, and public access to the electronic filing system, shall be promulgated by the secretary of state in accordance with article 4 of this title.

(b) In addition to any other method of filing, any person subject to the filing requirements of this part 3 or his or her duly authorized agent may use the electronic filing system described in paragraph (a) of this subsection (6.3) in order to meet such filing requirements.

(7) Repealed.