C.R.S. § 24-72-205.5 — CO Code / Title 24 / Article 72 / Part 2 / Section 24-72-205.5
24-72-205.5. Public inspection of ballots - stay period - recounts - rules governing public i
Status: in_force

24-72-205.5. Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions. (1) (a) By enacting this section, the general assembly intends to permit the inspection of ballots under the conditions specified in this section and to protect the integrity of the election process while protecting voter privacy and preserving secrecy in voting in accordance with the provisions of section 8 of article VII of the state constitution.

(b) In order to facilitate and ensure a consistent application of the provisions of this section across the state, the matters addressed in this section are matters of statewide concern.

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

(a) "Ballot" means a ballot voted by any acceptable, applicable, or legal method that is in the custody of an election official. "Ballot" includes any digital image or electronic representation of votes cast.

(b) "Designated election official" has the same meaning as set forth in section 1-1-104 (8), C.R.S.

(c) "Interested party" means:

(I) Any candidate who was in an election contest that is the subject of a recount or the political party or political organization as defined in section 1-1-104 (24), C.R.S., of such candidate;

(II) Any petition representative identified pursuant to section 1-40-113 or 31-11-106 (2), C.R.S., as applicable, in connection with a ballot issue or ballot question that is the subject of the recount;

(III) The governing body that referred a ballot question or ballot issue to the electorate that is the subject of the recount; or

(IV) The agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of title 1, C.R.S., that either supported or opposed a ballot question or ballot issue that is the subject of the recount.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), the designated election official shall not fulfill a request under this part 2 for the public inspection of ballots during the period commencing with the forty-fifth day preceding election day and concluding with the date either by which the designated election official is required to certify an official abstract of votes cast for the applicable candidate contest or ballot issue or ballot question pursuant to section 1-10-102 or 31-10-1205 (1), C.R.S., as applicable, or by which any recount conducted in accordance with article 10.5 of title 1, C.R.S., or section 31-10-1207, C.R.S., is completed, as applicable, whichever date is later. The denial of public inspection of ballots authorized pursuant to this paragraph (a) shall also apply to any internal batch reports generated by a designated election official for the specific purpose of auditing ballots received in the course of conducting an election.

(b) Notwithstanding any other provision of this section, the denial of public inspection of ballots authorized pursuant to paragraph (a) of this subsection (3) shall apply to a recount that is conducted in accordance with the provisions of article 10.5 of title 1, C.R.S., or section 31-10-1207, C.R.S., as applicable; except that, during the period described in paragraph (a) of this subsection (3), an interested party may inspect and request copies of ballots in connection with such recount without having to obtain a court order granting such inspection. In connection with an inspection by an interested party as authorized by this paragraph (b), an interested party may witness the handling of ballots involved in the recount to verify that the recount is being conducted in a fair, impartial, and uniform manner so as to determine that all ballots that have been cast are accurately interpreted and counted; except that an interested party is not permitted to handle the original ballots. Except as specified in this paragraph (b), nothing in this section shall be construed to prohibit an interested party from requesting copies of ballots in connection with a recount, to affect the conduct of a recount, or to affect the rights of an interested party in connection with a recount.

(c) Notwithstanding any other provision of this section, nothing in this section shall be construed to restrict the public inspection of election records as defined in section 1-1-104 (11), C.R.S.; except that, for purposes of this section, election records shall not include ballots.

(4) (a) In accordance with the provisions of section 24-72-203 (1)(a) and in addition to any other requirements that are applicable to a person requesting the inspection of public records under this part 2, prior to and later than the stay period described in paragraph (a) of subsection (3) of this section, ballots shall be available for inspection by the public in accordance with the requirements of this part 2.

(b) In connection with the public inspection of the ballots to which this section pertains:

(I) The original ballots shall at all times remain in the custody of the designated election official or his or her designee. In the discretion of the designated election official or his or her designee, and subject to the provisions of paragraph (a) of this subsection (4) and this part 2, the designated election official or his or her designee shall determine the manner in which such ballots may be viewed by the public.

(II) The designated election official or his or her designee shall cover or redact, based upon the most practical means available, any markings or message on a ballot that may identify the particular elector who cast the ballot before the ballot may be made available for public inspection;

(III) To protect the privacy of particular electors, any ballots cast by electors within groups of discrete individuals who are more susceptible of being personally identified, such as military and overseas electors, shall be made available for public inspection only to the extent such ballots may be duplicated without identifying elector information. Insofar as such ballots are not able to be duplicated without identifying elector information, they are not available for public inspection. Notwithstanding any other provision of this section, no ballot, or any portion thereof, may be made available for inspection where the ballot, or any requested portion thereof, is identical in printed form, considering a combination of the election contests at issue and precinct coding, to only nine or fewer ballots, or comparable portions thereof, among all ballots used in the same election. However, any such ballot, or any requested portion thereof, that is identical in printed form to ten or more ballots, or comparable portions thereof, used in the same election may be inspected.

(IV) To protect the privacy of particular electors, ballots made available for inspection may be presented in random order selected by the designated election official or his or her designee;

(V) For the purpose of minimizing the costs of making ballots available for public inspection, the person seeking the inspection may indicate the candidate contest, ballot issue, or ballot question for which the person seeks to inspect the ballots; and

(VI) Any actual costs incurred by the office of the designated election official in making the ballots available for inspection in accordance with the requirements of this section may be charged to the person requesting inspection of the ballots. If the designated election official selects a person other than an employee of his or her office to conduct the duties required by this section, the actual costs to be charged the person seeking inspection shall not exceed the actual costs that would have been incurred if the work involved in complying with the requirements of this section was completed by an employee of the designated election official.

(5) Notwithstanding any other provision of this section, nothing in this section affects either the rights of a watcher set forth in the provisions of titles 1 and 31, C.R.S., or the operation of a canvass board in accordance with the provisions of articles 1 to 13 of title 1, C.R.S.
C.R.S. § 24-50-104 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-104
24-50-104. Job evaluation and compensation - state employee reserve fund - created - study
Status: repealed

24-50-104. Job evaluation and compensation - state employee reserve fund - created - study - report - definitions. (1) Total compensation philosophy. (a) (I) It is the policy of the state to provide innovative total compensation that meets or exceeds total compensation provided by public or private sector employers or a combination of both, to officers and employees in the state personnel system to ensure the recruitment, motivation, and retention of a qualified and competent workforce. For purposes of this section, "total compensation" includes, but is not limited to, salary, group benefit plans, retirement benefits, step pay, incentives, premium pay practices, and leave as specified in statute or in policies of the state personnel director. For purposes of this section, "group benefit plans" means group benefit coverages as described in section 24-50-603 (9). Any monetary components of total compensation are subject to available appropriations by the general assembly. of total compensation are subject to available appropriations by the general assembly.

(II) The state personnel director shall establish technically and professionally sound survey methodologies to assess total compensation practices, levels, and costs. Except as provided in subsection (1)(a)(III) of this section, for purposes of this subsection (1)(a), to determine and maintain salaries, state contributions for group benefit plans, and step pay that meet or exceed total compensation provided by public or private sector employment or a combination of both, the state personnel director shall quadrennially review the results of appropriate surveys by public or private organizations, including surveys by the state personnel director set forth in subsection (4)(b)(I) of this section. Any surveys provided on a confidential basis shall not be revealed except to the state auditor's office and the private firm conducting the audit required in subsection (4)(b) of this section. The state personnel director shall adopt appropriate procedures to determine and maintain other elements of total compensation, including the payment of incentive awards to employees in the state personnel system. The state personnel director's review and determination of total compensation practices shall not be subject to appeal except as otherwise authorized by law or state personnel director procedures.

(II.5) When establishing pay plans in accordance with subsection (5) of this section and recommending compensation for state employees in accordance with subsection (4) of this section, the state personnel director shall develop, after negotiations with the certified employee organization pursuant to section 24-50-1112, an equitable pay structure for employees in the state personnel system that provides consistent and predictable salary increases in compliance with any federal or state laws and keeps the state employee workforce competitive with market compensation. The requirements of this subsection (1)(a)(II.5) do not apply to employees of the state auditor, in accordance with subsection (1)(h) of this section.

(III) (A) The methodologies used for purposes of determining and maintaining compensation for state law enforcement officers employed by the Colorado state patrol shall be the same as the methodologies established pursuant to subsection (1)(a)(II) of this section; except that the amount of salary shall be at least ninety-nine percent of the actual average salary provided to the top three law enforcement agencies within the state that have both more than one hundred commissioned officers and the highest actual average salary.

(B) As used in this subparagraph (III), "state law enforcement officer" means the chief and any commissioned or noncommissioned officer and trooper of the Colorado state patrol.

(b) The state personnel director shall use a systematic approach to objectively determine classes of positions and the uniform alignment of classes and occupational groups for all jobs in the state personnel system. The state personnel director shall conduct timely, ongoing, and technically sound evaluation and analyses of jobs in order to group similar duties and responsibilities into clearly distinguished classes and occupational groups that relate to the compensation structure through the assignment of appropriate pay grades. If the state personnel director proposes or the department of personnel recommends any changes to classes or occupational groups or to the pay grades for such classes or groups as a result of the evaluation and analyses required under this paragraph (b), the director shall notify all affected employees and employee organizations of such changes. Upon request of any affected employee or employee organization, the state personnel director shall meet and confer in good faith with such employee or organization regarding the proposed or recommended changes prior to finalizing and implementing any such change.

(c) (I) The state personnel director shall establish a step pay system in order to provide periodic salary increases for employees in the state personnel system; except that the step pay system does not apply to employees of the state auditor, in accordance with subsection (1)(h) of this section. The purpose of the step pay system is to provide salary increases for employees based on salary placement within the appropriate salary range.

(A) to (E) (Deleted by amendment, L. 2024).

(I.1) to (I.9) Repealed.

(II) In addition to any other requirements set forth in this subsection (1)(c)(II), the department of personnel shall develop the step pay system so that it:

(A) Is simple and understandable to employees in the state personnel system;

(B) (Deleted by amendment, L. 2003, p. 1931, § 5, effective May 22, 2003.)

(C) Is developed with input from employees in the state personnel system, managers, and other affected parties; and

(D) to (G) Repealed.

(H) Minimizes employee pay disruptions resulting from implementation or modification of step pay.

(III) (Deleted by amendment, L. 2003, p. 1931, § 5, effective May 22, 2003.)

(IV) The state personnel director shall encourage state departments and institutions of higher education to implement performance evaluations of employees that are as objective as possible and that, as soon as possible and wherever feasible, include an assessment from multiple sources of each employee's performance. Such sources shall include, where applicable, the employee's self-assessment; the employee's superiors, subordinates, and peers; and any other applicable sources of an employee's performance. The state personnel director shall adopt procedures to establish a process to resolve employee disputes related to performance evaluations that do not result in corrective or disciplinary action against the employee. Each program established by a state department or institution of higher education pursuant to this subsection (1)(c)(IV) is subject to the director's approval.

(c.5) (I) The state personnel director shall provide for the evaluation of employee performance. Each employee shall be evaluated at least once a year.

(II) Repealed.

(III) The head of each principal department and each state-supported institution of higher education, respectively, shall determine annually on May 1 whether each supervisor in the department or institution has completed the mandatory performance evaluation required for each employee in the state personnel system during the preceding twelve months. If any evaluations have still not been completed by July 1, the supervisor may be subject to demotion. If a supervisor has not timely completed annual performance evaluations for two consecutive years, the supervisor shall be demoted to a nonsupervisory position.

(IV) The state personnel director shall adopt procedures for the implementation of the provisions of this paragraph (c.5). Nothing in this paragraph (c.5) shall be construed to limit the ability of the state personnel director to provide for additional sanctions for noncompliance with the provisions of this paragraph (c.5).

(V) Repealed.

(c.7) Repealed.

(d) (Deleted by amendment, L. 2000, p. 1117, § 1, effective May 26, 2000.)

(e) The state personnel director shall sustain an employee's base salary in the event such employee's position is placed in a lower pay range due to an allocation of such employee's position, a system maintenance study of all positions in a class, a general job evaluation study of the state personnel system, or the quadrennial compensation survey for a period not to exceed three years from the effective date of such placement.

(f) Initial hiring shall typically be at the minimum rate in the pay grade. On a showing of recruiting difficulty or other unusual condition, the appointing authority may authorize the appointment of a person at a higher base salary within the pay grade.

(g) Benefits shall include insurance, retirement, and leaves of absence with or without pay and may include jury duty, military duty, or educational leaves. The state personnel director shall prescribe procedures for the types, amounts, and conditions for all leave benefits, subject to the provisions governing the benefits provided in subsection (7) of this section. The general assembly shall approve any changes to leave benefits granted by statute before such changes are implemented. The state personnel director shall prescribe by procedure any nonstatutory benefits.

(h) The state personnel director may, following consultation with the state auditor and consistent with article III and sections 13, 14, and 15 of article XII of the state constitution, establish special procedures for classifying those employees of the state auditor's office who are within the state personnel system in order to take into consideration the special situations, circumstances, and duties unique to such employees. Such special procedures shall incorporate the directives, requirements, and elements of sections 13, 14, and 15 of article XII of the state constitution, including, but not limited to, the grading and compensation of persons in the state personnel system according to standards of efficient service that are the same for all persons having like duties.

(i) (Deleted by amendment, L. 2003, p. 1926, § 1, effective May 22, 2003.)

(j) (I) As used in this paragraph (j), unless the context otherwise requires:

(A) "Department" means a principal department of the executive branch of state government specified in section 24-1-110.

(B) "Eligible department" means a department that received an appropriation for which there is a reversion amount.

(C) "Fund" means the state employee reserve fund created in subparagraph (II) of this paragraph (j).

(D) "Personal services-related line item" means a line item entitled "personal services", "group health, life, and dental insurance", "short-term disability insurance", "amortization equalization disbursements", "supplemental amortization equalization disbursements", "salary survey", or "shift differential".

(E) "Qualifying cash fund" means a cash fund for which there is express authorization for a reversion pursuant to this paragraph (j) from the cash fund to the state employee reserve fund.

(F) "Reversion amount" means the final, adjusted amount of state moneys appropriated from the general fund or a qualifying cash fund for a state fiscal year in a personal services-related line item, a line item entitled "operating expenses", or any successor line item designated by the joint budget committee for the same purposes in the annual general appropriation act to a department that is unexpended and unencumbered as of the date the state controller publishes the comprehensive annual financial report of the state for the state fiscal year. The joint budget committee shall notify the state controller and state treasurer of a successor line item from which there may be a reversion amount. There is no "reversion amount" related to any line item that moneys are transferred from or to pursuant to section 24-75-108.

(II) (A) The state employee reserve fund is hereby created in the state treasury, which consists of money transferred pursuant to subsection (1)(j)(IV) of this section. Money in the fund is continuously appropriated for the purpose provided in this subsection (1). No money from the fund shall be expended without the approval of the director of the office of state planning and budgeting.

(B) Repealed.

(III) (A) Any money in the fund not expended as provided in subsection (1)(j)(II) of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Except as set forth in subsection (1)(j)(III)(B) of this section, any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(B) On July 1, 2017, the state treasurer shall transfer twenty-six million three hundred thousand dollars from the fund to the general fund.

(C) On July 1, 2019, the state treasurer shall transfer twenty-three million dollars from the fund to the general fund.

(D) Repealed.

(E) On June 30, 2020, the state treasurer shall transfer the unexpended and unencumbered balance from the fund to the general fund.

(F) On July 1, 2023, the state treasurer shall transfer four million nine hundred thirteen thousand seven hundred fifty-three dollars from the fund to the general fund.

(G) On June 30, 2024, the state treasurer shall transfer thirty-one million one hundred sixty thousand dollars from the fund to the general fund.

(IV) On the date the state controller publishes the comprehensive annual financial report of the state, the state controller and state treasurer shall transfer an amount of money equal to a reversion amount from the general fund or a qualifying cash fund to the state employee reserve fund.

(V) Notwithstanding any provision of this section to the contrary, the state treasurer shall not transfer any moneys from a qualifying fund if:

(A) The reversion is required pursuant to section 24-37.5-112 (2); or

(B) There are insufficient moneys in the fund for the full transfer. In such case, the state treasurer shall transfer as much as is available.

(VI) Repealed.

(k) Repealed.

(2) Records. To facilitate the reporting of estimated costs required of the state personnel director pursuant to paragraph (c) of subsection (4) of this section, the records of all positions in the state personnel system shall be current and included in the state personnel data system by January 1 of each year.

(3) Repealed.

(4) Quadrennial compensation process.

(a) The purpose of the quadrennial compensation process is to determine any necessary adjustments to state employee salaries, state contributions for group benefit plans, and step pay. The quadrennial compensation survey, based on an analysis of surveys by public or private organizations, including surveys by the state personnel director, shall include a fair sample of public and private sector employers and jobs, including areas outside the Denver metropolitan area. In order to establish confidence in the selection of surveys, the state personnel director shall meet and confer in good faith with management and state employee representatives.

(b) (I) On October 1, 2025, and on October 1 of each fourth year thereafter, the state personnel director shall prepare a quadrennial compensation report based on the analysis of surveys conducted pursuant to subsection (4)(a) of this section. The purpose of the quadrennial compensation report shall be to reflect all adjustments necessary to maintain the salary structure, state contributions for group benefit plans, and step pay for the upcoming fiscal year. The state personnel director shall also include a detailed analysis of salary ranges for all employees in the state personnel system and how employees' salaries are distributed within these ranges. The state personnel director shall also publish the report. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (4)(b)(I) continues indefinitely. The state auditor is responsible for contracting with a private firm to conduct a performance audit of the procedures and application of data, including any survey conducted by the state personnel director. Beginning January 1, 2005, through January 1, 2021, and beginning on January 1, 2026, the audits shall be conducted every four years. A report shall be submitted to the governor and the general assembly by the December 30 immediately following the completion of the audit.

(II) Repealed.

(c) By September 15, 2017, and by September 15 of each year thereafter through September 15, 2021, and on or before October 1, 2022, and on or before October 1 of each year thereafter, the state personnel director shall submit recommendations and estimated costs for state employee compensation for the next fiscal year, covering salaries, state contributions for group benefit plans, and step pay, to the governor and the joint budget committee of the general assembly. The recommendations shall reflect a consideration of the results of the quadrennial compensation survey, fiscal constraints, the ability to recruit and retain state employees, appropriate adjustments with respect to state employee compensation, and those costs resulting from implementation of section 24-50-110 (1)(a). The recommendations for state contributions for group benefit plans shall specify the annual group benefit plan year established pursuant to section 24-50-604 (1)(m). The compensation report shall include the results of the surveys of public or private employers and jobs. The state personnel director shall also publish such report. This subsection (4)(c) is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirements of this section are effective until changed by the general assembly acting by bill.

(d) (I) For fiscal years commencing prior to the 2003-04 fiscal year and after the 2003-04 fiscal year, the recommended changes to salaries and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act shall be effective on July 1 of the ensuing fiscal year unless the general assembly, acting by bill, establishes a different effective date for that fiscal year or the governor orders otherwise pursuant to section 24-50-109.5 and such order is adopted by the general assembly through a joint resolution declaring a fiscal emergency and approved by the governor in accordance with section 39 of article V of the Colorado constitution.

(II) For the 2003-04 and 2004-05 budget years, to the extent such changes are funded, the recommended changes in state contributions for group benefit plans and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act for the next fiscal year shall be effective January 1 of the next fiscal year. For the 2005-06 fiscal year and each fiscal year thereafter, to the extent such changes are funded, the recommended changes in state contributions for group benefit plans and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act for the next fiscal year shall be effective on the first day of the annual group benefit plan year established pursuant to section 24-50-604 (1)(m).

(III) (Deleted by amendment, L. 2006, p. 543, § 1, effective July 1, 2006.)

(IV) (Deleted by amendment, L. 2010, (HB 10-1181), ch. 351, p. 1624, § 13, effective June 7, 2010.)

(e) (Deleted by amendment, L. 2006, p. 543, § 1, effective July 1, 2006.)

(f) Any moneys appropriated pursuant to this subsection (4) shall not be used to achieve parity for employees outside the state personnel system.

(5) Pay plans. (a) The state personnel director shall establish pay plans as technically and professionally necessary and shall establish any procedures and directives required to implement the state's innovative total compensation philosophy as defined in subsection (1) of this section.

(b) No employee in any pay plan may exceed an established maximum salary amount for such plan, except as provided in subsection (1)(e) of this section. The maximum monthly salary for any employee whose position is assigned to a nonmedical pay plan in effect prior to July 1, 1991, shall be calculated based on the 1991 maximum of five thousand seven hundred ninety-four dollars, plus the subsequent adjustments made under this subsection (5)(b) since July 1, 1991; except that classes in the medical pay plan requiring licensure as a physician or dentist shall be subject to a maximum monthly salary calculated on the basis of the 1991 maximum of seven thousand eight hundred twelve dollars, plus the subsequent adjustments made under this subsection (5)(b) since July 1, 1991. Effective July 1, 2010, the maximum monthly salary in the medical pay plan shall be seventeen thousand nine hundred twenty-seven dollars, plus any subsequent adjustments made under this subsection (5)(b). Such amounts shall be adjusted by the state personnel director in accordance with the change in the employment cost index for the preceding calendar year or the percentage increase in state general fund appropriations in relation to such appropriations for the preceding fiscal year, whichever is greater. In no event shall such amounts exceed the maximum found in the market as determined by the annual recommendations submitted by the state personnel director. The maximum monthly salary for the senior executive service plan shall not exceed the maximum monthly salary of any nonmedical pay plan by more than twenty-five percent.

(c) The state personnel director shall establish criteria for inclusion in the senior executive service and shall review each nominated position before it is placed in the pay plan for the senior executive service. The head of the department or agency or state auditor for employees of the state auditor's office shall make appointments to the senior executive service based on competitive selection and is responsible for the management of the employees in such plan. Any person in the senior executive service has no right to any position within the state.

(d) In the medical pay plans, there are no anniversary-based step increases. The salaries in such pay plans are based on the negotiation of an annual contract between the employee and the department head or the state auditor, when appropriate, and the amount of such salaries may increase, decrease, or remain unchanged from year to year. Any employee dismissed for failure to perform under such contract may only appeal directly to the state personnel board.

(e) In the pay plans for the senior executive service and those positions specified in section 13 (2)(a)(XI) of article XII of the state constitution, there are no anniversary-based step increases. The salaries in such pay plans are based on policies set forth by the state personnel director. The amount of such salaries may increase, decrease, or remain unchanged from year to year.

(6) Job evaluation. (a) System maintenance studies involving the assignment of classes to increased pay grades shall be incorporated into the annual total compensation request reported to the general assembly and shall be effective on July 1 of each year unless otherwise ordered by the governor acting pursuant to section 24-50-109.5.

(b) (I) The state personnel director shall allocate individual positions to the proper classes based on an objective evaluation of the job assignment.

(II) Any employee directly affected by the allocation of the employee's position to a class in a lower pay grade under subparagraph (I) of this paragraph (b) may file a written appeal with the state personnel director within ten days after receiving the notice of allocation of positions. The state personnel director, or the director's designee, shall review the appeal in summary fashion on the basis of written material that may be supplemented by oral argument at the sole discretion of the director or designee. At the director's discretion, an advisory panel of qualified job evaluators may be convened to assist the director in making a decision. Except as otherwise provided in subparagraph (III) of this paragraph (b), the director shall issue a written decision within ninety calendar days after the receipt of a timely appeal. If the director does not issue a decision within ninety calendar days after receipt of a timely appeal, the original allocation decision shall be final. An allocation decision may be overturned only if the director finds it to have been arbitrary, capricious, or contrary to rule or law. The state personnel director shall establish a process for timely resolving appeals within the ninety-day period and the criteria for selection of and method of service upon an advisory panel. Any decision shall be subject to judicial review pursuant to section 24-4-106.

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

(7) Leaves. (a) No employee shall earn more than ten days of sick leave per fiscal year. No employee may retain accumulated sick leave in excess of forty-five days at the end of any fiscal year; except that any employee who had accumulated sick leave prior to July 1, 1988, shall retain such leave and may accumulate a maximum of forty-five additional days. Any excess accumulation may be converted to annual leave at the rate of five days of sick leave to one day of annual leave up to a total of two days per fiscal year. A medical certificate form from a health-care provider shall be required for absences of more than three full consecutive working days, or the use of sick leave shall be denied.

(b) The procedures of the state personnel director shall provide that no more than two days of paid leave per fiscal year shall be granted for organ, tissue, or bone marrow donation for transplants. Such leave may not be accumulated.

(c) The state personnel director may establish procedures to allow the transfer of annual leave between employees when one employee, or an immediate family member of the employee, experiences an unforeseeable life-altering event beyond the employee's control. The recipient of any annual leave shall have a minimum of one year of state service and exhausted all applicable paid leave, including any compensatory time.

(d) An employee certified as a disaster service volunteer of the American red cross may be granted paid leave for specialized disaster relief services. Such leave shall not exceed five days for a local disaster or fifteen days for a national disaster in a twelve-month period. Such leave may not be accumulated. During this period of leave, an employee shall not be deemed to be an employee for purposes of the "Workers' Compensation Act of Colorado", as provided in articles 40 to 47 of title 8, C.R.S. The leave authorized by this paragraph (d) shall run concurrent with and shall not be in addition to any paid leave of absence required by law for service by a member in a Colorado civil air patrol mission as provided in section 28-1-104, C.R.S., or for qualified volunteer service in a disaster as provided in section 24-33.5-825.

(7.5) Repealed.

(8) Payroll. (a) Salaries paid on a monthly basis shall be paid as of the last working day of the month; except that:

(I) Salaries for the month of June shall be paid on the first working day of July; and

(II) For state personnel employees in the department of transportation hired before August 5, 1998, as amended, salaries for the month of December shall be paid on the first working day in January, unless any such employee informs the controller of the department of transportation of the employee's desire to be paid in the same manner as other employees in the state personnel system as provided in this subsection (8), in which case, the employee shall be paid in such manner.

(a.5) Salaries paid on a monthly basis for the month of June shall be paid on the first working day of July. This subsection (8)(a.5) does not apply to institutions of higher education.

(a.6) For state employment positions that are not otherwise covered by subsection (8)(a) of this section, whether or not the positions are in the state personnel system:

(I) and (II) (Deleted by amendment, L. 2015.)

(III) Salaries paid on a biweekly basis shall be paid fourteen days after the last day of the fourteen-day pay period.

(b) and (c) Repealed.

(d) Monthly salaries shall be converted to annual salary as the basis for calculating amounts due for periods other than monthly.

(e) The state personnel director or the director's designee shall regulate, approve, and review all payroll deductions other than those expressly authorized by statute or state-sponsored for all state employees. The state personnel director may assess a charge to the organization that receives the benefit from such a payroll deduction to offset the cost to the state for this service.

(f) No payroll deduction shall be made on behalf of a state employee without prior written authorization from the state personnel director or the director's designee. The state personnel director or the director's designee may authorize a payroll deduction only after receiving a written request for such payroll deduction from the employee, a department or agency representative, or an organization.

(g) Repealed.

(9) Liability. (a) Except for gross negligence or fraud, no state employee responsible for calculating pay shall be in any manner liable for overpayment or underpayment of salaries.

(b) No employee whose salary may be increased by an allocation of the employee's position to a class in a higher pay grade shall have any claim against the state unless the final allocation decision is made effective more than one year from the time the written allocation request was received by the appropriate personnel office. In such case, the employee is entitled to the difference between the salary of the old grade and the new salary for such period over twelve months.

(10) Total compensation study including retirement benefits. (a) By January 15, 2015, by October 1, 2025, and by October 1 every fourth year thereafter, the state personnel director shall submit to the governor and the joint budget committee, along with the quadrennial compensation report required pursuant to subsection (4)(b) of this section, an addendum with a total compensation study that includes retirement benefits. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the addendum required in this subsection (10) continues indefinitely.

(b) The state personnel director shall contract with a third-party compensation consulting firm with actuarial expertise and national standing to perform the total compensation study that includes retirement benefits required pursuant to paragraph (a) of this subsection (10). The study must compare total and component costs and values of the state's total compensation against similar workforce structures, including private companies and other states.

(c) For purposes of the addendum to the quadrennial compensation report required pursuant to this subsection (10), the public employees' retirement association created in article 51 of this title 24 shall provide access to official association member information and data under a confidentiality agreement with the third-party compensation consulting firm.

(d) The state personnel director shall notify the joint budget committee of the general assembly if he or she determines that the amount appropriated by the general assembly for the purpose of the study required pursuant to this subsection (10) is insufficient to procure a vendor to complete the scope of the work required.

(11) Repealed.
C.R.S. § 24-48.5-301 — CO Code / Title 24 / Article 48.5 / Part 3 / Section 24-48.5-301
24-48.5-301. Creative industries division - creative industries cash fund - creation - defini
Status: repealed

24-48.5-301. Creative industries division - creative industries cash fund - creation - definition. (1) There is hereby created within the Colorado office of economic development the creative industries division, which shall be referred to in this part 3 as the "division". The director of the division shall be the person who is appointed director of the council on creative industries by the director of the Colorado office of economic development. The division shall be comprised of the council on creative industries and the art in public places program, and the director of the division shall oversee such council and program.

(2) (a) There is hereby created in the state treasury the creative industries cash fund, referred to in this section as the "fund". The fund consists of:

(I) Repealed.

(II) Money transferred to the fund in accordance with section 44-30-701 (2)(a)(V);

(II.5) Repealed.

(III) Moneys credited to the fund by the state treasurer for purposes of the art in public places program pursuant to section 24-48.5-312 (8);

(IV) Money appropriated to the fund by the general assembly, including, but not limited to, money appropriated for the purpose of providing need-based funding for infrastructure development within creative districts as authorized by section 24-48.5-314 (5)(b);

(V) Any gifts, grants, or donations from private or public sources that the division is hereby authorized to seek and accept;

(VI) to (VIII) Repealed.

(IX) Any money transferred to the fund pursuant to subsection (4) of this section.

(b) The money in the fund shall be annually appropriated to the division for the operation of the division, and for the following:

(I) For purposes of the council on creative industries, including the administration of the council;

(II) Repealed.

(III) For the purchase of works of art pursuant to the art in public places program, taking into consideration the artist's preliminary site visit, the design fee, the total costs of construction and installation of the work of art, jury expenses, and program administration in compliance with the provisions of section 24-48.5-312 (6);

(IV) For need-based funding for infrastructure development in creative districts as authorized by section 24-48.5-314 (5)(b), to the extent that the general assembly appropriates money to the fund for that purpose;

(V) and (VI) Repealed.

(c) (I) All money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, shall remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year. Except as otherwise provided in subsection (2)(c)(II) of this section, any money 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.

(II) Any money credited to the fund for the purposes of the art in public places program pursuant to subsection (2)(a)(III) of this section that is not expended or encumbered at the end of any fiscal year shall remain available for expenditure in the next two fiscal years without further appropriation.

(3) As used in this part 3, "infrastructure development" includes, but is not limited to:

(a) Installation and maintenance of temporary and permanent art in public spaces;

(b) Professional services related to the development of a creative district, including strategic plan development and architectural, engineering, and design services;

(c) Support of networking, resource, and professional development and branding and marketing skill development training; and

(d) Community engagement and coalition-building strategies.

(4) On July 1, 2024, the state treasurer shall transfer five hundred thousand dollars from the general fund to the fund.
C.R.S. § 24-47.5-103 — CO Code / Title 24 / Article 47.5 / Section 24-47.5-103
24-47.5-103. Funding - repeal
Status: repealed

24-47.5-103. Funding - repeal. (Repealed)
C.R.S. § 24-50-502 — CO Code / Title 24 / Article 50 / Part 5 / Section 24-50-502
24-50-502. Definitions
Status: in_force

24-50-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Contract" means any type of state agreement, regardless of what it may be called, for the acquisition of services.

(2) "Personal services" means services acquired for the state's direct benefit in its operations.

(3) "Purchased services" means the acquisition of services which directly benefit specific groups or individuals in the public at large as defined by law, from public or private entities licensed, certified, or otherwise authorized by statute to provide such services.

(4) "Services" means the furnishing of labor, time, or effort.
C.R.S. § 24-75-109 — CO Code / Title 24 / Article 75 / Part 1 / Section 24-75-109
24-75-109. Controller may allow expenditures in excess of appropriations - limitations - ap
Status: repealed

24-75-109. Controller may allow expenditures in excess of appropriations - limitations - appropriations for subsequent fiscal year restricted - repeal. (1) For the purpose of closing the state's books, and subject to the provisions of this section, the controller may, on or after May 1 of any fiscal year and before the forty-fifth day after the close thereof, upon approval of the governor, allow any department, institution, or agency of the state, including any institution of higher education, to make an expenditure in excess of the amount authorized by an item of appropriation for such fiscal year if:

(a) The overexpenditure is for medicaid programs; or

(a.5) The overexpenditure is by the department of health care policy and financing for the children's basic health plan established pursuant to article 8 of title 25.5, C.R.S.; except that, to the extent that the overexpenditure allowed pursuant to this paragraph (a.5) is from the general fund, the overexpenditure from the general fund shall not exceed two hundred fifty thousand dollars in any fiscal year; or

(a.6) The overexpenditure is by the department of health care policy and financing for the required state contribution payment pursuant to the federal "Medicare Prescription Drug, Improvement, and Modernization Act of 2003", Pub.L. 108-173; or

(a.7) The overexpenditure is by the department of health care policy and financing for the state medical assistance program, established pursuant to section 25.5-2-104; or

(a.8) The overexpenditure is by the department of health care policy and financing for the state children's basic health plan, established pursuant to section 25.5-2-105; or

(b) (I) The overexpenditure is by the department of human services for any purpose other than medicaid programs, but the total of all overexpenditures allowed pursuant to this subsection (1)(b) must not exceed one million dollars in any fiscal year; or

(II) The overexpenditure is by the department of human services for the relative guardianship assistance program established in section 26-5-110 or the adoption assistance program created in section 26-7-103; or

(c) The overexpenditure is for any purpose of a department, institution, or agency of the executive branch other than the department of human services, but the total of all overexpenditures allowed pursuant to this paragraph (c) shall not exceed three million dollars in any fiscal year; or

(c.5) The overexpenditure is for the workers' compensation self-insurance program of the department of human services established pursuant to section 8-44-203, C.R.S.; or

(d) The overexpenditure is for any purpose of the judicial department, but overexpenditures allowed pursuant to this paragraph (d) shall be subject to the limitation in section 24-75-110; or

(e) The overexpenditure is by the department of corrections for the purchase of pharmaceuticals and the purchase of medical services from other medical facilities as part of the medical services subprogram for department institutions. The overexpenditure authorized by this paragraph (e) shall only be allowed for the 2001-02 fiscal year.

(f) The overexpenditure is by the department of education for providing reimbursements to a participating school food authority for offering eligible meals without charge, pursuant to section 22-82.9-204 (1)(b); or

(g) The overexpenditure is of money that originated from the coronavirus state fiscal recovery fund in excess of the amount authorized by an item of appropriation or the amount in a recipient fund or the discretionary account, as each is defined in section 24-75-226, in state fiscal year 2023-24 if the money that funded the appropriation is transferred from the recipient fund or discretionary account to the "American Rescue Plan Act of 2021" cash fund pursuant to section 24-75-226 (3.5).

(1.5) For the purposes of this section, an overexpenditure includes any instance in which the total expenditures charged to a specific line item of appropriation are in excess of the total spending authority appropriated for that line item and any instance in which sufficient cash or cash-exempt reserves have not been earned to cover related expenditures and there is no statutory fund balance to cover such expenditures.

(2) Overexpenditures allowed pursuant to subsection (1) of this section shall be subject to the following requirements:

(a) Except as specifically provided in this section, overexpenditures shall be consistent with all statutory provisions applicable to the program, function, or purpose for which the overexpenditure is made, including the provisions of appropriation acts.

(b) No overexpenditure shall be allowed in excess of the unencumbered balance of the fund from which the overexpenditure is made as of the date of the expenditure.

(c) For fiscal years commencing on or after July 1, 2014, no overexpenditure is allowed under paragraph (a) or (a.5) of subsection (1) of this section for any appropriation in the annual general appropriation act to the department of health care policy and financing that is in a line item for the executive director's office or in a line item that the general assembly has labeled as ineligible for an overexpenditure under said paragraphs.

(3) For any overexpenditure, whether or not allowed by the controller in accordance with subsection (1) of this section, the controller shall restrict, in an amount equal to said overexpenditure, the corresponding item or items of appropriation that are made in the general appropriation act for the fiscal year following the fiscal year for which the overexpenditure that is allowed occurs. For the purposes of determining such corresponding item or items of appropriation, the controller shall consider, in order of importance, the fund from which the overexpenditure was allowed, the department, institution, or agency that was allowed to make the overexpenditure, and the purpose for which the overexpenditure was allowed. The department, institution, or agency shall not be allowed to expend any amount restricted pursuant to this subsection (3) unless such restriction is released in accordance with subsection (4) of this section.

(3.5) (a) Notwithstanding subsection (3) of this section, for an overexpenditure described in subsection (1)(g) of this section, the controller shall restrict, in an amount equal to said overexpenditure, corresponding items of appropriation made for the fiscal year following the fiscal year for which the overexpenditure occurs, as follows:

(I) An appropriation from the general fund to the same department for the same purpose or, if there is no appropriation from the general fund to the same department for the same purpose, a corresponding item or items of appropriation from the general fund, as described in subsection (3) of this section; and

(II) An appropriation to the same department for personal services made pursuant to section 24-75-226 (4)(a)(V), or, if there is no appropriation to the same department for personal services made pursuant to section 24-75-226 (4)(a)(V), an appropriation to the department of corrections for personal services made pursuant to section 24-75-226 (4)(a)(V).

(b) (I) The department, institution, or agency shall not be allowed to expend any amount restricted pursuant to subsection (3.5)(a)(I) of this section. A department that has an appropriation restricted pursuant to subsection (3.5)(a)(II) of this section may submit a request for a supplemental appropriation for an amount equal to the amount restricted.

(II) While the supplemental appropriation process is the appropriate means by which to restore funding that was restricted pursuant to this subsection (3.5), it is the intent of the general assembly that each department receive the full amount of money appropriated for a program for which an overexpenditure is made pursuant to subsection (1)(g) of this section or for an appropriation that is restricted pursuant to this subsection (3.5), though it may be necessary to adjust the source of the money that funds the appropriation.

(c) On or before December 31, 2024, the state controller shall report to the joint budget committee information about each overexpenditure made pursuant to subsection (1)(g) of this section and each appropriation restricted pursuant to this subsection (3.5).

(d) This subsection (3.5) is repealed, effective June 30, 2028.

(4) (a) The department, institution, or agency whose appropriation is restricted may request a supplemental appropriation for the fiscal year in which the overexpenditure occurred for the amount of any overexpenditure allowed pursuant to this section. If a supplemental appropriation is enacted for the overexpenditure or some portion thereof, the restriction on the succeeding fiscal year's appropriation shall be released in the amount of the supplemental appropriation enacted.

(b) If the amount of the restriction imposed pursuant to subsection (3) of this section was based on an estimate of the amount of the overexpenditure and the amount of such restriction exceeds the actual amount of the overexpenditure, the controller shall release that portion of the restricted amount that exceeds the actual amount of the overexpenditure.

(5) The limitation on general fund appropriations and the requirement for a general fund reserve contained in section 24-75-201.1 shall not apply to overexpenditures from the general fund for medicaid programs allowed pursuant to subsection (1)(a) of this section to overexpenditures by the department of education allowed pursuant to subsection (1)(f) of this section, or to supplemental general fund appropriations for medicaid programs enacted pursuant to subsection (4) of this section. Overexpenditures for all other purposes allowed pursuant to subsection (1) of this section and supplemental general fund appropriations for all other purposes enacted pursuant to subsection (4) of this section shall be considered appropriations for the fiscal year in which the overexpenditure was allowed and shall accordingly be subject to the limitations and requirements of section 24-75-201.1.

(6) The controller may allow overexpenditures pursuant to this section only for the fiscal years beginning on or after July 1, 1998, but prior to July 1, 2025. This section is repealed, effective September 1, 2025.
C.R.S. § 24-34-802 — CO Code / Title 24 / Article 34 / Part 8 / Section 24-34-802
24-34-802. Violations - penalties - immunity - repeal
Status: repealed

24-34-802. Violations - penalties - immunity - repeal. (1) (a) It is a discriminatory practice and unlawful for any person, as defined in section 24-34-301, to discriminate against an individual or group of individuals because the person has opposed any practice, made a discriminatory practice based on disability pursuant to part 5, 6, or 8 of this article 34, or because the person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to part 5, 6, or 8 of this article 34.

(b) An individual with a disability, as defined in section 24-34-301, must not, by reason of the individual's disability, be excluded from participation in or be denied the benefits of services, programs, or activities provided by a place of public accommodation, as defined in section 24-34-601 (1), a public entity, as defined in section 24-34-301, or a state agency, as defined in section 24-37.5-102, or be subjected to discrimination by any such place of public accommodation, public entity, or state agency.

(c) (I) Except as provided in subsection (1)(c)(II) of this section, discrimination pursuant to this section includes the failure of a public entity or state agency, as those terms are defined in section 24-34-301, to fully comply, on or before July 1, 2024, with the accessibility standards for individuals with a disability established by the office of information technology pursuant to section 24-85-103. Liability for noncompliance as to content lies with the public entity or state agency that manages the content. Liability for noncompliance of the platform hosting the content lies with the public entity or state agency that manages the platform.

(II) (A) A public entity or state agency is immune from liability for a violation of subsection (1)(c)(I) of this section until July 1, 2025, if the public entity or state agency demonstrates good faith efforts toward compliance with the accessibility standards established pursuant to section 24-85-103 or, as necessary, makes good faith efforts toward resolution of a complaint of noncompliance. To be eligible for the immunity authorized pursuant to this subsection (1)(c)(II), by July 1, 2024, a public entity's or state agency's good faith efforts must include creating a progress-to-date report that demonstrates concrete and specific efforts toward compliance on the entity's or agency's front-facing web pages; updating the report on a quarterly basis; and creating a clear, easy-to-find process for requesting redress for inaccessible digital products, including contact options that are not dependent on web access or digital accessibility and are prominently displayed on all front-facing web pages.

(B) If a civil action is filed pursuant to this subsection (1)(c) and a public entity or state agency alleges that it has made good faith efforts pursuant to this subsection (1)(c)(II), the court in which the civil action was filed shall determine, based on a preponderance of the evidence, whether the public entity or state agency has made good faith efforts, and, if the court determines that good faith efforts have been made, the court shall dismiss the action without prejudice.

(C) This subsection (1)(c)(II) is repealed, effective July 1, 2025.

(2) (a) An individual with a disability, as defined in section 24-34-301, who is subject to a violation of subsection (1) of this section or of section 24-34-502, 24-34-502.2, 24-34-601, or 24-34-803 based on the individual's disability may bring a civil suit in a court of competent jurisdiction and is entitled to a court order requiring compliance with the provisions of the applicable section and either of the following remedies:

(I) Repealed.

(II) The recovery of actual monetary damages; or

(III) A statutory fine of three thousand five hundred dollars, payable to each plaintiff for each violation.

(b) For a claim brought pursuant to section 24-85-103 for a violation of accessibility standards, the violation must be considered a single incident and not as separate violations if the violation occurred on a single digital product, including a website or an application.

(c) For a claim brought pursuant to subsection (2)(a) of this section for a construction-related accessibility violation, the violation must be considered a single incident and not as separate violations for each day the construction-related accessibility violation exists.

(d) (I) A small business defendant is entitled to a fifty percent reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of this section if it corrects the accessibility violation within thirty days after the filing of the complaint. The fifty percent reduction in a statutory fine does not apply, however, if the defendant knowingly or intentionally made or caused to have made the access barrier that caused the accessibility violation.

(II) For purposes of this subsection (2)(d), "small business" means an employer with twenty-five or fewer employees and no more than three million five hundred thousand dollars in annual gross income.

(III) Nothing in this subsection (2)(d) may be interpreted to result in a reduction in actual monetary damages awarded pursuant to subsection (2)(a)(II) of this section.

(3) An award of attorney fees and costs pursuant to section 24-34-505.6 (6)(b) applies to claims brought pursuant to this section.

(4) A court that hears civil suits pursuant to this section shall apply the same standards and defenses that are available under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(5) An agency in the state with the authority to promulgate rules related to protections for persons with disabilities shall not promulgate a rule that provides less protection than that provided by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.
C.R.S. § 24-32-3501 — CO Code / Title 24 / Article 32 / Part 35 / Section 24-32-3501
24-32-3501. Peace officers behavioral health support and community partnerships grant progra
Status: repealed

24-32-3501. Peace officers behavioral health support and community partnerships grant program - created - report - rules - fund - definitions - repeal. (1) There is created in the department of local affairs, referred to in this section as the "department", the peace officers behavioral health support and community partnerships grant program to provide grants to law enforcement agencies, behavioral health entities, county or district public health agencies, community-based social service and behavioral health providers, peace officer organizations, and public safety agencies for the purposes identified in subsection (2) of this section.

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

(a) Co-responder community responses;

(b) Community-based alternative responses;

(c) Counseling services for peace officers and their immediate family members, including reimbursing peace officers who have paid the costs of their own counseling services;

(d) Assistance for law enforcement agencies' development and implementation of policies to support peace officers who are involved in a shooting or a fatal use of force;

(e) Training and education programs that teach peace officers and their immediate family members the symptoms of job-related mental trauma and how to prevent and treat such trauma;

(f) Peer support programs for peace officers; and

(g) Hiring, contracting, or developing a remote network to provide behavioral health counseling, therapy, or other related support services to peace officers involved in job-related traumatic situations.

(2.5) (Deleted by amendment, L. 2021.)

(3) Public safety agencies, law enforcement agencies, and peace officer organizations that apply for grants pursuant to subsection (2) of this section are encouraged to do so, to the extent possible, in collaboration with the community mental health centers and other community-based social service or behavioral health providers in their regions.

(4) The department shall administer the grant program and, subject to available appropriations, shall award grants as provided in this section from the fund created in subsection (7) of this section. The department shall transfer the awarded grant money to a grant recipient as soon as practicable after the grant recipient's grant application is approved.

(5) The executive director of the department, or the executive director's designee, shall develop policies and procedures as may be necessary to implement and administer the grant program. At a minimum, the policies and procedures must specify:

(a) The time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money;

(b) The criteria for the department to use in awarding and denying grants;

(c) That a public safety agency may apply for a grant for the purpose outlined in subsection (2)(a) or (2)(b) of this section;

(d) That a law enforcement agency or peace officer organization may apply for a grant for the purposes outlined in subsections (2)(a) to (2)(f) of this section; and

(e) That a behavioral health entity, county or district public health agency, or community-based social service or behavioral health provider may apply for a grant in partnership with a law enforcement agency or public safety agency for the purposes outlined in subsection (2)(a) or (2)(b) of this section.

(6) (a) In accordance with a schedule to be determined pursuant to policies and procedures developed by the executive director of the department, each grant recipient shall submit to the department a report that describes and includes documentation of the grant recipient's use of the grant money. The report must also include any information required by the department pursuant to the policies or procedures developed by the department pursuant to subsection (5) of this section. In preparing the report, each grant recipient shall redact the names and any other personal identifying information of each peace officer who received services, training, or education with grant money.

(b) (I) Repealed.

(II) Beginning with the 2023 regular legislative session and each year thereafter, the department shall prepare a report of the activities of the grant program and post the report on its website.

(7) (a) The peace officers behavioral health support and community partnership fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to subsection (7)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purposes of this section. Any unexpended and unencumbered money from an appropriation made for the purposes of this section remains available for expenditure by the department for the next two fiscal years without further appropriation. The department may use up to seven percent of the money annually appropriated to the fund to pay the direct and indirect costs that the department incurs in administering the grant program.

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

(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains therein and shall not be credited or transferred to the general fund or any other fund.

(d) (Deleted by amendment, L. 2021.)

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

(a) "Behavioral health entity" means a behavioral health entity licensed pursuant to article 27.6 of title 25.

(b) "Community-based alternative response" means a person-centered crisis response to community members who are experiencing problems related to poverty, homelessness, behavioral health, food insecurity, and other social issues, that directs certain calls for police service to more appropriate support providers in lieu of a police response.

(c) "Community-based social services and behavioral health providers" means providers of community-based alternative response and co-responder community response.

(d) "Co-responder community response" means a model of criminal justice diversion that pairs law enforcement and behavioral health providers to intervene and respond to behavioral health-related calls for police service, utilizing the combined expertise of the law enforcement officer and behavioral health specialist to de-escalate situations and help link individuals with behavioral health issues to appropriate services.

(e) "County or district public health agency" means a county or district public health agency created pursuant to section 25-1-506.

(f) "Law enforcement agency" means the Colorado state patrol, the Colorado bureau of investigation, the department of corrections, the department of revenue, a county sheriff's office, a municipal police department, a campus police department, a town marshal's office, or the division of parks and wildlife.

(g) "Peace officer organization" means:

(I) A statewide association of police officers and former police officers; or

(II) An organization within the state that provides services and programs that promote the mental health wellness of peace officers and that has at least one peace officer or former peace officer serving on its board of directors or in a comparable capacity.

(h) "Public safety agency" means an agency providing law enforcement, fire protection, emergency medical, emergency response services, or emergency dispatch services in response to 911 calls, as defined in section 29-11-103 (3).

(9) In addition to any other money appropriated or transferred to the fund, for state fiscal year 2022-23, the general assembly shall appropriate three million dollars from the general fund to the fund. The money appropriated pursuant to this section must be used for purposes described in subsections (2)(c) to (2)(g) of this section. This subsection (9) is repealed, effective July 1, 2026.
C.R.S. § 24-37-101 — CO Code / Title 24 / Article 37 / Part 1 / Section 24-37-101
24-37-101. Definitions
Status: in_force

24-37-101. Definitions. As used in this article 37, unless the context otherwise requires:

(1) "Capital construction" has the same meaning as set forth in section 24-30-1301 (2).

(2) "Capital renewal" has the same meaning as set forth in section 24-30-1301 (3).

(3) "Controlled maintenance" has the same meaning as set forth in section 24-30-1301 (4), including the limitations specified in section 24-30-1303.9.

(4) "Director" means the director of the office of state planning and budgeting.

(5) "Information technology budget request" has the meaning set forth in section 2-3-1701 (8).

(6) "Office" means the office of state planning and budgeting.
C.R.S. § 24-30-1113 — CO Code / Title 24 / Article 30 / Part 11 / Section 24-30-1113
24-30-1113. Assignment of vehicles to state agency officers or employees - report to legisla
Status: repealed

24-30-1113. Assignment of vehicles to state agency officers or employees - report to legislative audit committee - definition. (1) Notwithstanding section 24-30-1102 (5), as used in this section, unless the context otherwise requires, "state agency" means the state or any department, board, bureau, commission, institution, or other agency of the state; except that "state agency" does not include any state institution of higher education, the Auraria higher education center, or the legislative and judicial branches of state government. As used in this section, "state agency" does include the state board of stock inspection commissioners, created in section 35-41-101.

(2) (a) The executive director of a state agency or the executive director's designee may assign a state-owned motor vehicle that has been assigned to the state agency pursuant to section 24-30-1112 to an officer or employee of the state agency for conducting state business and commuting. Commuting includes traveling from an officer's or employee's personal residence to one or more regular places of business but does not include traveling away from home as defined by the federal internal revenue service. A state-owned motor vehicle may be parked at the personal residence of an officer or employee of a state agency for more than one day per month only if the state agency has assigned the vehicle to the officer or employee pursuant to this section or if the officer or employee is using the vehicle to travel away from home. An officer or employee shall not use a state-owned motor vehicle for commuting unless such use is authorized pursuant to this section. The assignment of a state-owned motor vehicle pursuant to this section must comply with the requirements of section 24-30-1112.

(b) The executive director of a state agency or the executive director's designee must authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the executive director of the department of personnel for final approval. The executive director of a state agency or the executive director's designee shall authorize the assignment of a vehicle only if:

(I) Assignment of the vehicle is necessary to conduct official and legitimate state business;

(II) Assignment of the vehicle satisfies at least one of the following requirements:

(A) The vehicle meets the federal internal revenue service definition of qualified nonpersonal use, as specified in 26 CFR 1.274-5 (k); or

(B) The assignment of the vehicle is the most cost-efficient means of transportation, as defined in rules adopted by the department of personnel, to the state agency; and

(III) Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel.

(c) An executive director of a state agency or the executive director's designee who authorizes the assignment of a state-owned motor vehicle to an officer or employee of the state agency shall maintain documentation of the assignment, including the executive director's justification for authorizing the assignment of the vehicle. At least annually, the executive director of a state agency or the executive director's designee shall review each assignment of a vehicle to ensure that the assignment complies with the requirements of this section.

(3) The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall review any assignment of a state-owned motor vehicle to an officer or employee of a state agency. The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall verify that the assignment of the vehicle complies with the requirements specified in subsection (2) of this section and the regulations of the federal internal revenue service. If the review establishes that the assignment of a vehicle does not comply with such requirements, the executive director of the department of personnel shall revoke the assignment of the vehicle.

(4) In addition to the initial approval required by subsection (3) of this section, the department of personnel shall establish a program and adopt rules providing for annual review and verification by the executive director of the department of personnel or the state controller, or the designee of either official, as applicable, that each state-owned motor vehicle assigned to an officer or employee of a state agency still complies with the requirements of subsection (2) of this section and the regulations of the federal internal revenue service. The requirements of this subsection (4) apply to all state-owned motor vehicles, whether they were assigned before, on, or after September 1, 2017. If the verification process establishes that the assignment of a vehicle no longer complies with subsection (2) of this section or the regulations of the federal internal revenue service, the department of personnel shall revoke the assignment of the vehicle.

(5) Any officer or employee of a state agency who is assigned a state-owned motor vehicle because it is the most cost-efficient means of transportation as specified in subsection (2)(b)(II)(B) of this section is required to pay income tax on the value of the fringe benefit of the vehicle. The state controller, or the state controller's designee, shall calculate and report as income the value of the fringe benefit of the vehicle in accordance with the regulations of the federal internal revenue service. The state controller shall promulgate rules regarding how the value of the fringe benefit will be calculated and reported.

(6) The executive director of the department of personnel, or the executive director's designee, and the state controller, or state controller's designee, shall promulgate rules as required in this section and may promulgate additional rules deemed necessary for the implementation of this section. Such rules shall be promulgated in accordance with article 4 of this title 24.

(7) Repealed.
C.R.S. § 24-82-1205 — CO Code / Title 24 / Article 82 / Part 12 / Section 24-82-1205
24-82-1205. Ancillary agreements
Status: in_force

24-82-1205. Ancillary agreements. The executive director of a leasing state department or the governing board of the leasing institution may enter into or execute, or may negotiate with an officer of the state to enter into or execute, a deed, conveyance, escrow agreement, or other agreement or instrument that he or she or the board deems necessary or appropriate in connection with a lease agreement entered into pursuant to this part 12.
C.R.S. § 24-75-230 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-230
24-75-230. Behavioral and mental health cash fund - creation - allowable uses - task force
Status: repealed

24-75-230. Behavioral and mental health cash fund - creation - allowable uses - task force - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "American Rescue Plan Act of 2021" means the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(b) "Department" means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(c) "Fund" means the behavioral and mental health cash fund created in subsection (2)(a) of this section or an identical companion fund created by operation of section 24-75-226 (4)(c).

(2) (a) The behavioral and mental health cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section, money transferred to the fund pursuant to section 39-37-301 (2)(a)(II), and any other money that the general assembly may appropriate or transfer to the fund. The general assembly may appropriate money from the fund to a department for behavioral health care.

(b) (I) Three days after June 28, 2021, the state treasurer shall transfer five hundred fifty million dollars from the "American Rescue Plan Act of 2021" cash fund created in section 24-75- 226 to the fund.

(II) Repealed.

(c) On July 1, 2024, the state treasurer shall transfer four million dollars from the general fund to the fund, which must be expended for the purposes specified in section 27-60-502 (2)(c)(I)(D).

(3) (a) (I) A department may expend money that originates from money the state received from the federal coronavirus state fiscal recovery fund that is appropriated from the fund for purposes permitted under the "American Rescue Plan Act of 2021" Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives money from the fund shall comply with any requirements set forth in section 24-75-226.

(II) A department may expend money appropriated from the fund that was credited to the fund in accordance with subsection (2)(b) of this section for purposes permitted under the "American Rescue Plan Act of 2021" Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives such money from the fund shall comply with any requirements set forth in section 24-75-226.

(b) The limitations and requirements set forth in subsection (3)(a)(II) of this section do not apply to money transferred to the fund pursuant to section 39-37-301 (2)(a)(II).

(3.5) The first five million dollars of the money transferred to the fund pursuant to section 39-37-301 (2)(a)(II), must be used by the behavioral health administration, established pursuant to section 27-50-102, in coordination with the division of veterans affairs, created in section 28-5-701 (1), for the purpose of continuing and expanding the veterans mental health services program in accordance with section 28-5-714.

(3.7) After the requirement in subsection (3.5) of this section is met, the next three million dollars of the money transferred to the fund pursuant to section 39-37-301 (2)(a)(II), must be used by the behavioral health administration for the purpose of continuing and expanding access to behavioral health crisis response system services for children and youth in accordance with article 60 of title 27.

(4) (a) The executive committee of the legislative council shall, by resolution, create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformational change in the area of behavioral health using money the state receives from the federal coronavirus state fiscal recovery fund under title IX, subtitle M of the "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(b) The task force may include nonlegislative members and have working groups created to assist them. The executive committee shall hire a facilitator to guide the work of the task force.

(c) The task force created in this section is not subject to the requirements specified in section 2-3-303.3 or rule 24A of the joint rules of the senate and the house of representatives. The executive committee shall specify requirements governing members' participation in the task force. The task force shall not submit bill drafts as part of their recommendations.

(4.8) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(5) This section is repealed, effective July 1, 2032.
C.R.S. § 24-33.5-811 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-811
24-33.5-811. Parties to agreement
Status: in_force

24-33.5-811. Parties to agreement. An accredited local organization for civil defense and the county, town, or city which has empowered the local organization for civil defense to register and direct activities of civil defense workers automatically become parties to the agreement entered into pursuant to section 24-33.5-809 upon the local organization for civil defense becoming an accredited local organization for civil defense.
C.R.S. § 24-75-214 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-214
24-75-214. Augmentation of the general fund for the 1986-87 fiscal year
Status: repealed

24-75-214. Augmentation of the general fund for the 1986-87 fiscal year. (Repealed)
C.R.S. § 24-31-1202 — CO Code / Title 24 / Article 31 / Part 12 / Section 24-31-1202
24-31-1202. Definitions
Status: in_force

24-31-1202. Definitions. As used in this part 12, unless the context otherwise requires:

(1) (a) "Claim" means a request or demand, whether under a contract or otherwise, for money or property and whether or not the state or a political subdivision has title to the money or property, that is:

(I) Presented to an officer, employee, or agent of the state or political subdivision; or

(II) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's or political subdivision's behalf or to advance a government program or interest, and if the state or political subdivision:

(A) Provides or has provided any portion of the money or property requested or demanded; or

(B) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.

(b) "Claim" includes the failure to pay or the underpayment of an obligation owed to the state.

(c) "Claim" does not include a request or demand for money or property that the state or a political subdivision has paid:

(I) To an individual as compensation for employment by the state or political subdivision;

(II) As an income subsidy with no restrictions on that individual's use of the money or property;

(III) To an individual as part of a government assistance program in an amount less than ten thousand dollars in a calendar year; or

(IV) To a person under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5.

(2) "Department" means the department of law.

(3) "Fund" means the false claims recovery cash fund created in section 24-31-1209.

(4) (a) "Knowing" or "knowingly" mean that a person, with respect to information about a claim:

(I) Has actual knowledge of the falsity of the information;

(II) Acts in deliberate ignorance of the truth or falsity of the information; or

(III) Acts in reckless disregard of the truth or falsity of the information.

(b) "Knowing" or "knowingly" does not require proof of specific intent to defraud. A person who acts merely negligently with respect to information is not deemed to have acted knowingly, unless the person acts with reckless disregard of the truth or falsity of the information.

(5) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(6) "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship; from a fee-based or similar relationship; from statute or regulation; or from the retention of any overpayment.

(7) "Person" means any individual, corporation, business trust, estate, trust, limited liability company, partnership, association, or other nongovernmental legal entity.

(8) "Political subdivision" has the same meaning as set forth in section 24-72-202.

(9) "Proceeds" means all money, property, damages, double damages, treble damages, civil penalties, and payments for costs of compliance, including reasonable costs and attorney fees, realized by the state whether as a result of any settlement of or judgment entered in any action brought pursuant to this part 12.
C.R.S. § 24-60-1001 — CO Code / Title 24 / Article 60 / Part 10 / Section 24-60-1001
24-60-1001. Execution of compact
Status: in_force

24-60-1001. Execution of compact. The governor is hereby authorized to enter into a compact on behalf of this state with any other state or states joining therein in the form substantially as follows:

Interstate Compact on Mental Health

ARTICLE I

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

ARTICLE II

As used in this compact:

(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.

(e) "After-care" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.

(g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

(h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE III

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement, or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

ARTICLE V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escapee in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

ARTICLE VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

ARTICLE VII

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

ARTICLE VIII

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

ARTICLE IX

(a) No provisions of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

ARTICLE X

(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE XI

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

ARTICLE XII

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

ARTICLE XIV

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 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. § 24-71.3-101 — CO Code / Title 24 / Article 71.3 / Section 24-71.3-101
24-71.3-101. Short title
Status: in_force

24-71.3-101. Short title. This article shall be known and may be cited as the "Uniform Electronic Transactions Act".
C.R.S. § 24-48.5-312 — CO Code / Title 24 / Article 48.5 / Part 3 / Section 24-48.5-312
24-48.5-312. Art in public places program - allocations from capital construction costs - gui
Status: repealed

24-48.5-312. Art in public places program - allocations from capital construction costs - guidelines - fund created - definitions. (1) (a) The state of Colorado, in recognition of its responsibility to create a more humane environment of distinction, enjoyment, and pride for all of its citizens and in recognition that public art is a resource that stimulates the vitality and economy of the state's communities and that provides opportunity for artists and other skilled workers to practice their crafts, declares it to be a matter of state policy that, when appropriate, a portion of each capital construction appropriation be allocated for the acquisition of works of art to be placed in public places.

(b) There is hereby established an art in public places program to be administered by the council; except that, on and after July 1, 2010, the program shall be administered by the director of the division. All works of art purchased and commissioned under the art in public places program shall become a part of the state art collection developed, administered, and operated by the council. All works of art purchased or commissioned under this section prior to March 19, 1987, shall be considered a part of the state art collection to be administered by the council.

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

(a) "Architect" means the person or firm designing the public construction project. "Architect" includes architects, landscape architects, interior designers, and other design professionals.

(b) "Artist" means a practitioner in the visual arts generally recognized by peers or critics as a professional who produces works of art. "Artist" does not include the architect of a public building under construction or any member of the architect's firm.

(b.5) "Capital construction" has the same meaning as in section 24-30-1301 (2)(a), (2)(b), and (2)(c).

(c) "Public construction project" means a capital construction project subject to the provisions of section 24-30-1303 (3).

(d) "Works of art" means all forms of original creations of visual art including, but not limited to:

(I) Sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;

(II) Painting, whether portable or permanently fixed, as in the case of murals;

(III) Mosaics;

(IV) Photographs;

(V) Crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other material, or any combination thereof;

(VI) Calligraphy;

(VII) Mixed media composed of any combination of forms or media;

(VIII) Unique architectural stylings or embellishments, including architectural crafts;

(IX) Environmental landscaping; and

(X) Restoration or renovation of existing works of art of historical significance.

(3) (a) (I) (A) Except as provided in subsections (3)(a)(III) and (3)(a)(IV) of this section, each appropriation for a capital construction project must include as a nondeductible item an allocation of not less than one percent of the state funded portion of the total construction costs to be used for the acquisition of works of art.

(B) An appropriation for professional services may include planning for acquisition of works of art as required under sub-subparagraph (A) of this subparagraph (I). Such appropriation may be applied to the funding specified in sub-subparagraph (A) of this subparagraph (I).

(II) (A) Except as provided in subsection (3)(a)(III) of this section, commencing after August 11, 2010, any capital construction project that is the subject of a financed purchase of an asset or certificate of participation agreement, as defined in section 24-82-801 (4), that provides for payments from money that has been appropriated in full or in part by the state must include as a nondeductible item in the project budget an allocation of not less than one percent of the state-funded portion of the total construction costs to be used for the acquisition of works of art.

(B) An appropriation for professional services may include planning for acquisition of works of art as required under sub-subparagraph (A) of this subparagraph (II). Such appropriation may be applied to the funding specified in sub-subparagraph (A) of this subparagraph (II).

(III) The requirements specified in this subsection (3)(a) do not apply to:

(A) Capital construction appropriations covered by section 24-48.5-313;

(B) Agricultural facilities where livestock are housed or agricultural products are grown;

(C) Capital construction appropriations for controlled maintenance as defined in section 24-30-1301 (4);

(D) Any financed purchase of an asset or certificate of participation agreements entered into by the state treasurer on behalf of the state pursuant to article 43.7 of title 22;

(E) Any construction by the Colorado department of public health and environment for cleanup and redevelopment of contaminated sites;

(F) Any state appropriation for charter school capital construction pursuant to part 4 of article 30.5 of title 22, C.R.S.;

(G) Capital construction appropriations for capital renewal as defined in section 24-30-1301 (3); and

(H) Any capital construction projects that the capital development committee, in consultation with the council, agrees do not meet the original purpose of the requirement specified in this paragraph (a), and determines by affirmative vote that the project meets one of the exceptions allowed in sub-subparagraphs (A) to (G) of this subparagraph (III).

(IV) For purposes of this section, the state funded portion of the total construction costs for a capital construction project includes appropriations from the revenue loss restoration cash fund created in section 24-75-227 (2)(a) to a state agency or institution of higher education for the capital construction project. For appropriations made for the 2022-23 fiscal year only, a state agency or institution of higher education that received an appropriation for a capital construction project is not required to allocate not less than one percent of the state funded portion of the total costs of a capital construction project for the acquisition of works of art in accordance with subsection (3)(a)(I)(A) of this section. A state agency or an institution of higher education that opts not to allocate a portion of the total construction costs for the acquisition of works of art in accordance with subsection (3)(a)(I)(A) of this section may use the money that would otherwise be allocated for such purposes for any other costs associated with the capital construction project.

(a.5) The general assembly hereby finds and declares that exceptions from the requirements specified in paragraph (a) of this subsection (3) must be determined by the general assembly, through the capital development committee, not by individual state agencies, institutions of higher education, or the council.

(b) If the allocation provided for in paragraph (a) of this subsection (3) is equal to or greater than one thousand dollars, the council shall select a jury as described in paragraph (a) of subsection (6) of this section.

(c) If the allocation provided for in subsection (3)(a) of this section is less than one thousand dollars, the council may, at its discretion, either select a jury or direct that the funds be held within the creative industries cash fund described in subsection (8) of this section for the acquisition of works of art for the state agency for which the capital construction project is to be constructed. Whenever the funds for any state agency equal or exceed one thousand dollars, the council shall select a jury as described in subsection (6)(a) of this section.

(d) The works of art acquired under this part 3 shall be placed in a publicly accessible location within the state agency for which the capital construction project is to be constructed. A collection of works of art may be selected for placement within the state agency and, at the discretion of the state agency and the council, made available for loan, circulation, and exhibition in other public facilities.

(4) The office of state planning and budgeting is responsible for insuring compliance with the provisions of subsection (3) of this section.

(5) The administration of the art in public places program includes supervision of the jury process that convenes to select the site and the artwork, contracting, purchase, commissioning, and reviewing of design, execution, and placement. Acceptance of works of art shall be the responsibility of the council. These activities shall be conducted in consultation with the executive directors of the respective state agencies. The administration of the art in public places program shall not include bearing the costs of maintaining or insuring the works of art. Such costs shall be the responsibility of the respective state agencies.

(6) All works of art acquired with funds allocated under subsection (3) of this section shall be contracted for separately from all other items in the original construction plans pursuant to the following guidelines:

(a) Selection of artists shall be by the jury method. The council shall select jury members and convene juries. Jury recommendations shall be presented to the council for review and final approval. Any significant changes in the design or construction of the work of art occurring after such final approval of the artist shall be subject to the approval of both the jury and the council. The council shall determine which changes shall be considered significant for the purposes of this paragraph (a). Each jury shall contain at least the following:

(I) A representative from the contracting state agency for which the capital construction project is to be constructed;

(II) The architect;

(III) A professional artist;

(IV) A representative from each community in which a capital construction project is to be constructed;

(V) A member of the council;

(VI) A representative from the contracting state agency who is a tenant or future tenant of the capital construction site;

(VII) A member of the state house of representatives to be appointed by the speaker of the house; and

(VIII) A member of the state senate to be appointed by the president of the senate.

(b) Residents of Colorado shall be the participants of this program except for artists from other states and territories who have achieved national recognition in their specific forms of expression.

(c) Jury members who are not state employees shall be reimbursed for actual and necessary travel expenses incurred in fulfilling their duties under this section. Such expenses shall be deducted from the one percent allocation for art.

(7) Repealed.

(8) For the 2010-11 fiscal year and each fiscal year thereafter, all moneys allocated for the acquisition of works of art pursuant to subsection (3) of this section shall be transmitted to the state treasurer, who shall credit the same to the creative industries cash fund created in section 24-48.5-301.

(9) Nothing in this section shall be construed to preclude the placement of works of art in public places other than those placed pursuant to this section.
C.R.S. § 24-80-902 — CO Code / Title 24 / Article 80 / Part 9 / Section 24-80-902
24-80-902. Punishment for illegal use
Status: in_force

24-80-902. Punishment for illegal use. Any person who illegally uses or affixes the seal of this state to any written or printed document whatever, or fraudulently forges, defaces, corrupts, or counterfeits the same, or affixes said forged, defaced, corrupted, or counterfeited seal to any commission, deed, warrant, pardon, certificate, or other written or printed instrument, or has in his or her possession or custody any such seal, knowing it to be falsely made and counterfeited, and willfully conceals the same, commits a petty offense.
C.R.S. § 24-19.8-101 — CO Code / Title 24 / Article 19.8 / Section 24-19.8-101
24-19.8-101. Legislative declaration
Status: in_force

24-19.8-101. Legislative declaration. The general assembly hereby finds and declares that the failure to enforce immigration laws at the federal level places an undue burden on state government resources and that there is a limitation on what can be done at the state level to enforce the federal laws and to implement laws at the state level. The general assembly further finds that the state of Colorado spends a disproportionate share of its limited tax revenue on public services and benefits such as health care, law enforcement, criminal defense and incarceration, and education that are provided to illegal aliens as a result of the federal government's failure to enforce immigration laws. Therefore, the Colorado state attorney general shall initiate or join other states in a lawsuit against the United States attorney general to demand the enforcement of all existing federal immigration laws by the federal government.
C.R.S. § 24-4.2-107 — CO Code / Title 24 / Article 4.2 / Section 24-4.2-107
24-4.2-107. Regulations
Status: in_force

24-4.2-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, may promulgate rules and regulations prescribing the procedures to be followed in the making, filing, and evaluation of grant applications, criteria for evaluation, fiscal procedures including proper investment of moneys in the fund, and any other regulations necessary for the administration of this article.
C.R.S. § 24-51-1301 — CO Code / Title 24 / Article 51 / Part 13 / Section 24-51-1301
24-51-1301. Plan sponsored group life insurance
Status: in_force

24-51-1301. Plan sponsored group life insurance. The board may offer group life insurance coverage through any life insurance company qualified to do business in Colorado or may self-fund such coverage. Life insurance coverage shall be available to members and DPS members who voluntarily subscribe. Notwithstanding the provisions of section 10-7-201, C.R.S., the board shall determine the terms and conditions of coverage and may negotiate or discontinue said coverage at any time the board determines such action to be in the best interest of the members. Members or DPS members who have elected group life insurance coverage shall be notified sixty days prior to any change in coverage or discontinuance.
C.R.S. § 24-46-104.3 — CO Code / Title 24 / Article 46 / Part 1 / Section 24-46-104.3
24-46-104.3. Transferable income tax credits for certain businesses located in the state - de
Status: in_force

24-46-104.3. Transferable income tax credits for certain businesses located in the state - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Business" means a person doing business in the state.

(b) "Department" means the Colorado department of revenue.

(c) "Income tax credit" means the income tax credits allowed to a business no sooner than the income tax year commencing January 1, 2019, in section 39-22-531, 39-30-104, 39-30-105.1, or 39-30-105.5.

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

(e) "Period" means ten consecutive income tax years starting with the business' income tax year that commences immediately following the date the business receives precertification from the commission authorizing the income tax credits to be treated differently pursuant to this section.

(f) "Precertification" means the written precertification the commission may issue as allowed in subsection (2)(a) of this section that must set forth the income tax credits a business may treat differently and the total estimated value of the income tax credits that the business may treat differently pursuant to this section.

(g) "Strategic capital investment" means a capital investment totaling not less than one hundred million dollars that the commission finds will be significant to the state and is expected to be productive over many years.

(h) "Twelve-month interval" means each twelve-month interval from July 1, 2017, through June 30, 2020, during which the commission may issue precertifications.

(2) (a) (I) Subject to the limitations specified in subsection (2)(b) of this section, commencing July 1, 2017, through June 30, 2020, if a business intends to make a strategic capital investment in the state, the commission may issue a written precertification to the business to grant the business the authority to treat its allowed income tax credits during the business' period differently as specified in this section. The strategic capital investment must be initiated after the issuance of the precertification and completed before the end of the business' period; except that, if a business makes a strategic capital investment that could result in allowed income tax credits with a total value greater than the precertification limitations set forth in subsection (2)(b) of this section, the commission may issue a second or third written precertification to the same business in the following twelve-month intervals for the same strategic capital investment, even if the strategic capital investment has already been initiated or completed. If, after precertification and during the business' period, the business meets the requirements of one or more of the income tax credits as set forth in the statutory sections pertaining to each credit, then once the income tax credits are allowed, the business may elect, by filing a written election as specified in subsection (2)(a)(III) of this section, to:

(A) Use the income tax credits as an offset against the business' income taxes in the income tax year that the income tax credit is allowed;

(B) Carry forward the income tax credits to be used against the business' income tax liability for no more than five years, except as provided in subsection (2)(a)(II) of this section, using the carried forward income tax credits in the earliest income tax years possible; or

(C) Transfer the income tax credits during the carry-forward period described in subsection (2)(a)(I)(B) of this section and as allowed in subsection (4) of this section.

(II) The five-year carry-forward period commences when the income tax credit is allowed and is not limited by the end of the business' period described in this section.

(III) If a business elects to treat its allowed income tax credits differently as specified in this section and as allowed in the precertification, the business must file a written election with the office. If the business files the written election, then, except as provided in subsection (2)(b)(II) of this section, the business may not elect to receive a refund as allowed in section 39-30-104 (2.6).

(b) (I) All precertifications issued by the commission in each twelve-month interval may not exceed ten million dollars of estimated total value of all income tax credits. Any portion of the ten million dollars not precertified in a twelve-month interval may not be carried forward to the next twelve-month interval.

(II) If the actual value of the income tax credits that a business is allowed exceeds the precertification's estimated value of the income tax credits, then the business may not treat the difference between the estimated value of the income tax credits and the actual value of the income tax credits differently as specified in this section. Instead, the difference must be treated as specified in the statutory sections for each income tax credit.

(3) The business shall notify the commission when the business has met the requirements of one or more of the income tax credits in the period, shall provide the commission with verifiable evidence that the strategic capital investment was made, and shall submit an audit opinion from an independent certified public accountant attesting that the income tax credit or income tax credits have been properly calculated. If the commission agrees that the business has satisfied the terms of the precertification, then the office shall notify the department in writing of the different treatment of the business' income tax credits for the business' period.

(4) (a) If the business chooses to transfer its allowed income tax credits, then the income tax credits are freely transferable and assignable, subject to the commission's issuance of the precertification pursuant to this section, and subject to any notice and verification requirements to be determined by the office; except that the business may only transfer the portion of the income tax credits that were not applied against the business' income tax imposed by article 22 of title 39.

(b) The transferee may use all or a portion of the transferred income tax credit as an offset against the transferee's income tax imposed by article 22 of title 39. Any unused portion of the transferred income tax credit may be carried forward and used as an income tax credit against the transferee's subsequent years' income tax liability for an interval not to exceed three additional income tax years from the date of the transferee's acquisition and shall be applied first to the earliest income tax years possible. The transferee may transfer any unused portion of the acquired income tax credit to a secondary transferee in that three income tax year interval, but the secondary transferee may only offset its acquired income tax credit against its income tax imposed by article 22 of title 39 for the remainder of the three income tax year intervals from the date of the first transferee's acquisition.

(c) With respect to the income tax credit set forth in section 39-30-104, if the business seeks a waiver of the limitation specified in section 39-30-104 (2)(c) and as allowed in section 39-30-104 (2)(c)(II), and the commission approves such waiver, then the approved waiver of the limitation must be reflected in the precertification and applies to any transferee of the business' income tax credit allowed under section 39-30-104.

(d) The office shall establish notice and verification requirements for transferred income tax credits.

(e) The transferor and the transferee of the income tax credits shall jointly file a copy of the written transfer agreement with the office within thirty days after the transfer. Any filing of the written transfer agreement with the office perfects the transfer.

(f) The office shall develop a system to track the transfers of income tax credits and to certify the ownership of the income tax credits. A certification by the office of the ownership and the amount of income tax credits may be relied on by the department and the transferee as being accurate to the extent the data supplied by the business is accurate, and the office shall not adjust the amount of income tax credits as to the transferee. The office, the department, and any other state agency retain any remedies they may have against the business and any other taxpayer that misrepresents the value of the transferable income tax credit in a transfer. The office shall establish policies to permit verification of the ownership and amount of the income tax credits and shall post those policies on the office's website; except that the policies may not unduly restrict or hinder the transfer of the tax credits as allowed in this section.

(g) The office shall provide a report to the department specifying the ownership and transfers of income tax credits as allowed in this section. The report must be provided on a schedule to be determined by the department and the office.

(5) The commission and the office shall post on the office's website all nonconfidential information related to the precertification and approval of the treatment of the income tax credits as specified in this section. Nothing in this section may be construed to abrogate the confidentiality provisions set forth in section 39-21-113.

(6) The commission shall include information regarding any transferability authorized pursuant to this section, including the names of the businesses and the amounts transferred, in its annual report required to be presented to the general assembly pursuant to section 24-46-104 (2). The commission shall annually report the same information to the finance committees of the house of representatives and the senate, or such successor committees, notwithstanding the limitations in section 24-1-136 (11).
C.R.S. § 24-33.5-1217 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1217
24-33.5-1217. Prescribed burning program - training and certification of certified burners - r
Status: in_force

24-33.5-1217. Prescribed burning program - training and certification of certified burners - rules - fees. (1) The director shall establish training and certification standards for users of prescribed fire in consultation with the Colorado prescribed fire council or an analogous successor organization. The director may also consult with local fire jurisdictions.

(2) The training and certification standards adopted under this section shall:

(a) Create certified burner and noncertified burner designations for users of prescribed fire on private and nonfederal land;

(b) Establish requirements for certified burners to conduct lawful activities pursuant to authorization under section 18-13-109 (2)(b)(IV), C.R.S., regarding firing of woods or prairie;

(c) Identify processes and procedures for certified burners to conduct a prescribed fire;

(d) Recommend organizational structures for prescribed burn operations;

(e) Establish training standards for certified burners and utilize all means available to make the certified burner training as accessible as possible; and

(f) Clearly identify preexisting fees, permit requirements, liabilities, liability exemptions, and penalties for prescribed burn personnel and landowners, including those specified in sections 25-7-106 (7) and (8) and 25-7-123, C.R.S.

(3) (a) Except as otherwise provided in this section, on and after December 1, 2013, a prescribed fire must be attended by a person certified by the division pursuant to this section and rules promulgated thereto or otherwise authorized under section 24-33.5-1217.5 (1)(c).

(b) (I) Nothing in this section requires a private landowner to be certified by the division as a certified burner or qualified by national wildfire coordinating group standards as a prescribed burn boss to conduct prescribed fire on the landowner's own property.

(II) A private landowner or the landowner's designee who is certified by the division as a certified burner or qualified by national wildfire coordinating group standards as a prescribed burn boss is not liable for any civil damages for acts or omissions made in good faith resulting in damage or injury caused by fire or smoke resulting from prescribed burns they conduct on the landowner's own property and in compliance with applicable state laws and local ordinances, unless such private landowner's or designee's acts or omissions are grossly negligent or willful and wanton.

(III) Nothing in this section exempts private landowners from complying with any other applicable local, state, or federal requirements pertaining to open burning.

(4) The director, by rule, may establish a fee at an amount not to exceed the amount required to recover all direct costs that the division incurs in providing training to and processing applications for persons seeking certification as certified burners pursuant to this section. Any fees so collected shall be deposited into the firefighter, first responder, hazardous materials responder, and prescribed fire training and certification fund created in section 24-33.5-1207.

(5) (a) The director, in consultation with the Colorado state forest service described in part 3 of article 31 of title 23, C.R.S., and in accordance with article 4 of this title:

(I) May adopt any such rules as the director deems necessary to administer the prescribed burning program within the division; and

(II) Shall adopt rules and standards:

(A) Pertaining to the training and certification of certified burners, including training components; application processes; qualification for and terms and durations of certification; types of certification, if applicable; grounds and processes for renewal, suspension, and revocation of certifications; and training, certification, and renewal fees; and

(B) For the use of prescribed burning occurring on state lands or conducted by state agencies on private lands, pursuant to section 24-33.5-1217.5.

(b) The rules and standards promulgated pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of this subsection (5) constitute the minimum standards for all prescribed burning conducted in the state, except for prescribed burning conducted by an agency of the federal government. To be exempt from these standards, other users of prescribed fire, including local governments and nongovernmental organizations must adopt or have already adopted guidelines or standards that are in substantial compliance with the intent of section 24-33.5-1217.5 for prescribed burning under their control.

(6) (a) Subject to the provisions of paragraph (c) of this subsection (6), the director may enter into an agreement with an owner or other person having legal control of property, including a public agency with regulatory or natural resource management authority over any such property, for the use of prescribed burning consistent with this article to prevent high-intensity wildland fires by reducing the volume and continuity of wildland fuels or to achieve other goals, including forest improvement, consistent with this article.

(b) The director shall not enter into an agreement for prescribed burning pursuant to paragraph (a) of this subsection (6) unless the director first determines that the property owner or other person having legal control of the property has both evaluated all alternatives to prescribed burning and concluded that prescribed burning is an appropriate hazardous fuel reduction method for the property.

(c) Nothing in this section compels any person to enter into an agreement with the director.

(d) (I) Where an agency of the federal government assumes primary responsibility for conducting a prescribed burn in the state, neither the agency nor any other agency of the federal government is required to comply with the rules and standards promulgated pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of subsection (5) of this section.

(II) If the director has entered into an agreement with an agency of the federal government as of May 23, 2013, of the type described in paragraph (a) of this subsection (6), nothing in this section shall be construed to require a new agreement or modification of an existing agreement.

(7) (a) The division shall cooperate with and provide advisory services to any person desiring to use prescribed burning, the objective of which is the prevention of high-intensity wildland fires, watershed management, vegetation management, forest improvement, wildlife habitat improvement, or any other objective that is deemed to be in the public interest, or any combination of such objectives.

(b) The division shall provide information and technical assistance to units of local government, upon request from the local government, concerning prescribed burning.

(c) The division may provide standby fire protection to any person using prescribed burning in a manner deemed to be in the public interest, to such extent as personnel, fire crews, and firefighting equipment are requested and available.

(8) The division shall, subject to sufficient funding, institute a public information campaign to promote to the general public the benefits of prescribed burning.

(9) Nothing in this article grants the division authority over any hazardous fuel reduction other than prescribed burning. Forest health, forest improvement, vegetation and watershed management, and hazardous fuel reduction other than prescribed burning remain responsibilities vested in the state forest service.

(10) Notwithstanding any other provision of law:

(a) In performing the duties assigned to him or her under subsections (5) and (6) of this section, the director shall consult with the Colorado state forest service as described in part 3 of article 31 of title 23, C.R.S.

(b) The prescribed burning standards adopted by the director pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of subsection (5) of this section shall be consistent with existing laws and processes that ban, regulate, or have developed recommendations concerning open burning, including sections 18-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124, C.R.S.

(c) Nothing in this section or section 24-33.5-1217.5 or 24-33.5-1217.7 shall be construed to affect the authority of a county government to develop or administer an open burning permit system for the purpose of safely disposing of slash in accordance with the provisions of section 30-15-401 (1)(n.5), C.R.S.

(11) Except as otherwise provided for the fees established and collected pursuant to subsection (4) of this section, all moneys received by the division pursuant to this section shall be credited to the wildland fire cost recovery fund created in section 24-33.5-1220 (4).
C.R.S. § 24-32-1708 — CO Code / Title 24 / Article 32 / Part 17 / Section 24-32-1708
24-32-1708. Bond issuance and mortgage credit certificate election - reporting requirement
Status: in_force

24-32-1708. Bond issuance and mortgage credit certificate election - reporting requirement. (1) Each issuing authority shall, within five days after the issuance and delivery of any bonds or within five days after it has made a mortgage credit certificate election and in no case later than 5 p.m. on December 23 of each year, file a copy of form 8038 or a copy of the mortgage credit certificate election form with the department showing that the bonds have been sold and delivered or showing the amount of qualified mortgage bonds which the issuing authority has elected not to issue. Any allocation for which form 8038 or a copy of the mortgage credit certificate election form had not been received within the times stated in this section, other than an allocation relating to a carryforward purpose, shall expire and be relinquished to the statewide balance as of December 24 of each year.

(2) The executive director, for good cause, may extend the time for filing by no more than three days.
C.R.S. § 24-65.1-108 — CO Code / Title 24 / Article 65.1 / Part 1 / Section 24-65.1-108
24-65.1-108. Effect of article - state agency or commission responses
Status: in_force

24-65.1-108. Effect of article - state agency or commission responses. (1) Whenever any person desiring to carry out development as defined in section 24-65.1-102 (1) is required to obtain a permit, to be issued by any state agency or commission for the purpose of authorizing or allowing such development, pursuant to this or any other statute or regulation promulgated thereunder, such agency or commission shall establish a reasonable time period, which shall not exceed sixty days following receipt of such permit application, within which such agency or commission must respond in writing to the applicant, granting or denying said permit or specifying all reasonable additional information necessary for the agency or commission to respond. If additional information is required, said agency or commission shall set a reasonable time period for response following the receipt of such information.

(2) Whenever a state agency or commission denies a permit, the denial must specify:

(a) The regulations, guidelines, and criteria or standards used in evaluating the application;

(b) The reasons for denial and the regulations, guidelines, and criteria or standards the application fails to satisfy; and

(c) The action that the applicant would have to take to satisfy the state agency's or commission's permit requirements.

(3) Whenever an application for a permit, as provided under this section, contains a statement describing the proposed nature, uses, and activities in conceptual terms for the development intended to be accomplished and is not accompanied with all additional information, including, without limitation, engineering studies, detailed plans and specifications, and zoning approval, or, whenever a hearing is required by the statutes, regulations, rules, ordinances, or resolutions thereof prior to the issuance of the requested permit, the agency or commission shall, within the time provided in this section for response, indicate its acceptance or denial of the permit on the basis of the concept expressed in the statement of the proposed uses and activities contained in the application. Such conceptual approval shall be made subject to the applicant filing and completing all prerequisite detailed additional information in accordance with the usual filing requirements of the agency or commission within a reasonable period of time.

(4) All agencies and commissions authorized or required to issue permits for development shall adopt rules and regulations, or amend existing rules and regulations, so as to require that such agencies and commissions respond in the time and manner required in this section.

(5) Nothing in this section shall shorten the time allowed for responses provided by federal statute dealing with, or having a bearing on, the subject of any such application for permit.

(6) The provisions of this section shall not apply to applications approved, denied, or processed by a unit of local government.
C.R.S. § 24-60-1401 — CO Code / Title 24 / Article 60 / Part 14 / Section 24-60-1401
24-60-1401. Compact approved and ratified
Status: in_force

24-60-1401. 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.

Policy and Purpose

The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields, and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the region's people.

Article II.

The Board

(a) There is hereby created an agency of the party states to be known as the Western Interstate Nuclear Board, hereinafter called the "Board". The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents, and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon, either for the duration of his membership or for any lesser period of time, by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.

(b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present, and unless a majority of the total number of votes on the Board are cast in favor thereof.

(c) The Board shall have a seal.

(d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board's functions, irrespective of the civil service, personnel, or other merit system laws of any of the party states.

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

(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.

(h) The Board 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 or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Board.

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

(j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

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

Article III.

Finances

(a) The Board shall submit to the governor 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 jurisdiction for presentation to the legislature thereof.

(b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the Board's requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.

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

(d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board.

(e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the Board.

(f) The Accounts of the Board shall be open at any reasonable time for inspection to persons authorized by the Board, and duly designated representatives of governments contributing to the Board's support.

Article IV.

Advisory Committees

The Board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.

Article V.

Powers

The Board shall have power to:

(a) Encourage and promote cooperation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields.

(b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry of nuclear and related scientific findings and technologies.

(c) Encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.

(d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology.

(e) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy.

(f) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of:

1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.

2. Applying nuclear scientific advances or discoveries, and any industrial, commercial or other processes resulting therefrom.

3. The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the production, use and disposal of any other substances peculiarly related thereto.

(g) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations or research in any of the scientific, technological, or industrial fields to which this compact relates.

(h) Undertake such nonregulatory functions with respect to nonnuclear sources of radiation as may promote the economic development and general welfare of the West.

(i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields.

(j) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states or their subdivisions, in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with due consideration of the desirability of uniformity, but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.

(k) Consider and make recommendations designed to facilitate the transportation of nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis.

(l) Consider and make recommendations with respect to the assumption of and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields.

(m) Advise and consult with the federal government concerning the common position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields.

(n) Cooperate with the Atomic Energy Commission, the National Aeronautics and Space Administration, the Office of Science and Technology, or any agencies successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.

(o) Act as licensee, contractor, or subcontractor of the United States Government or any party state with respect to the conduct of any research activity requiring such license or contract, and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the Board by this compact.

(p) Prepare, publish, and distribute, with or without charge, such reports, bulletins, newsletters, or other materials as it deems appropriate.

(q) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states, and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents.

The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.

Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto.

Unless the party states concerned expressly otherwise agree, the Board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states.

However, the plan or plans of the Board in force pursuant to this paragraph shall provide for reports to the Board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances.

From time to time, the Board shall analyze the information gathered from reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.

(r) Prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the Board by this compact.

(s) Undertake responsibilities imposed or necessarily involved with regional participation pursuant to such cooperative programs of the federal government as are useful in connection with the fields covered by this compact.

Article VI.

Mutual Aid

(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.

(b) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid.

(c) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

(d) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

(e) Any party state rendering outside aid pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of officers, employees, and equipment incurred in connection with such requests; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.

(f) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees, in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.

Article VII.

Supplementary Agreements

(a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states, acting by their duly constituted administrative officials, may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes, its duration, the procedure for termination thereof or withdrawal therefrom, the method of financing and allocating the costs of the activity or project, and such other matters as may be necessary or appropriate.

No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board.

(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto, but the Board may administer or otherwise assist in the operation of any supplementary agreement.

(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

(d) The provisions of this Article shall apply to supplementary agreements and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.

Article VIII.

Other Laws and Relations

Nothing in this compact shall be construed to:

(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order, or ordinance of a party state or subdivision thereof now or hereafter made, enacted, or in force.

(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to, and in conformity with, any valid and operative act of Congress; nor limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor.

(c) Alter the relations between, and respective internal responsibilities of, the government of a party state and its subdivisions.

(d) Permit or authorize the Board to own or operate any facility, reactor, or installation for industrial or commercial purposes.

Article IX.

Eligible Parties, Entry into Force and Withdrawal

(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.

(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law; provided, that it shall not become initially effective until enacted into law by five states.

(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors 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.

(d) Guam and American Samoa, or either of them may participate in the compact to such extent as may be mutually agreed by the Board and the duly constituted authorities of Guam or American Samoa, as the case may be. However, such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the Board, unless it has become a full party to the compact.

Article X.

Severability and Construction

The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating 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 or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement 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. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.
C.R.S. § 24-22-104 — CO Code / Title 24 / Article 22 / Section 24-22-104
24-22-104. Access to all state offices
Status: in_force

24-22-104. Access to all state offices. The state treasurer shall have full and free access to the offices of all departments, institutions, and agencies of the state government for the inspection and examination of such books, records, accounts, and papers as concern any of his duties.
C.R.S. § 24-51-1101 — CO Code / Title 24 / Article 51 / Part 11 / Section 24-51-1101
24-51-1101. Employment after service retirement - report - definitions - repeal
Status: repealed

24-51-1101. Employment after service retirement - report - definitions - repeal. (1) Except as otherwise provided in subsections (1.3), (1.8), (1.9), and (5) of this section or part 17 of this article 51, a service retiree from any division may be employed by an employer, whether or not in a position subject to membership, and receive a salary without reduction in benefits if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement, and if:

(a) Employment of more than four hours per day does not exceed one hundred ten days in the calendar year;

(b) Employment of four hours or less per day does not exceed seven hundred twenty hours in the calendar year;

(c) Employment consisting of a combination of daily and hourly employment does not exceed one hundred ten days per calendar year;

(d) The service retiree is a member of the general assembly; or

(e) The service retiree is working in a position that has been temporarily vacated by an employee who has been called into active duty in the armed forces of the United States.

(1.3) (a) A service retiree who is a teacher, as defined in section 22-63-103 (11), may receive salary without reduction in benefits if:

(I) The school district or charter school hires the service retiree for the purpose of providing substitute teacher classroom instruction; and

(II) The school district or charter school hiring the service retiree determines that there is a critical shortage of qualified substitute teachers and that the service retiree has specific experience, skills, or qualifications that would benefit the district.

(b) As used in this subsection (1.3), "substitute teacher" has the same meaning as set forth in section 22-63-103 (10); except that there shall be no restriction in the length of a continuous assignment.

(c) A service retiree who is hired in accordance with subsection (1.3)(a) of this section does not count against the additional ten service retirees that a state college or university or an employer in the school or Denver public schools division may hire as authorized by subsection (1.8)(b) of this section.

(d) This subsection (1.3) is repealed, effective July 1, 2025.

(1.5) and (1.7) Repealed.

(1.8) (a) A service retiree who is hired by a state college or university or by an employer in the school or Denver public schools division of the association pursuant to subsection (1.8)(b) or subsection (1.8)(b.5) of this section and who is not subject to subsection (1.3), (1.9), or (5) of this section may receive salary without reduction in benefits if employment of more than four hours per day does not exceed one hundred forty days in the calendar year, if employment of four hours or less per day does not exceed nine hundred sixteen hours in the calendar year, or if employment consisting of a combination of daily and hourly employment does not exceed one hundred forty days per calendar year, and if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement. A service retiree described in this subsection (1.8)(a) who works for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).

(b) Except as otherwise provided in subsection (1.8)(b.5) of this section, a state college or university or an employer in the school or Denver public schools division may hire up to ten service retirees who are not subject to subsection (1.3), (1.9), or (5) of this section in areas where the employer determines that there is a need and that the service retiree has unique experience, skill, or qualifications that would benefit the employer. The employer shall notify the association upon hiring a service retiree pursuant to this subsection (1.8). A state college or university shall provide a list to the association of any and all service retirees that it employs pursuant to this subsection (1.8)(b) no later than September 1 of the applicable calendar year and shall update the list prior to any additional hirings during the same calendar year. An employer in the school or Denver public schools division shall provide a list to the association of any and all service retirees that it employs pursuant to this subsection (1.8)(b) and pursuant to subsection (1.8)(b.5) of this section no later than September 1 of the applicable calendar year and shall update the list prior to any additional hirings during the same calendar year.

(b.5) (I) In addition to the ten service retirees, an employer in the school or Denver public schools division may hire pursuant to subsection (1.8)(b) of this section, an employer in the school or Denver public schools division that has a student enrollment greater than ten thousand as of the "pupil enrollment count day", as defined in section 22-54-103 (10.5), of the previous year may hire one additional service retiree for each one thousand enrolled students above ten thousand.

(II) The period during which a service retiree hired by an employer in the school or Denver public schools division may receive salary without reduction in benefits pursuant to subsection (1.8)(b) of this section and this subsection (1.8)(b.5) may not exceed six consecutive years from the date the service retiree began work pursuant to subsection (1.8)(b) of this section or this subsection (1.8)(b.5).

(c) A state college or university or an employer in the school or Denver public schools division shall provide full payment of all employer contributions and all disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (1.8)(a) of this section.

(d) A service retiree who is employed pursuant to this subsection (1.8) shall not be required to resume membership. Upon termination of such retiree's employment, there shall be no benefit calculation reflecting additional service credit or any increase in the highest average salary of such person.

(e) (I) For purposes of this subsection (1.8), "state college or university" means a postsecondary educational institution established and existing pursuant to section 5 of article VIII of the state constitution and title 23, C.R.S., and, for a postsecondary educational institution with more than one principal campus as specified in subparagraph (II) of this paragraph (e), the system administration of the postsecondary educational institution and each principal campus of the postsecondary educational institution.

(II) As used in this paragraph (e), "principal campus" means:

(A) Each campus of the university of Colorado as described in section 23-20-101, C.R.S.;

(B) Each institution of the Colorado state university system established in sections 23-31-101 and 23-31.5-101, C.R.S., but not including the online university established in section 23-31.3-101, C.R.S.; and

(C) Each college included in the state system of community and technical colleges as listed in section 23-60-205, C.R.S.

(1.9) (a) (I) Subject to the provisions of subsection (1.9)(h) of this section, a service retiree who is a superintendent, a principal, a teacher, a school bus driver, a school food services cook, a school nurse, or a paraprofessional, as defined in section 22-60.3-102 (9), and is hired pursuant to subsection (1.9)(b) of this section by an employer in the school division of the association that satisfies the criteria specified in subsection (1.9)(a)(II) of this section may receive salary without reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement. A service retiree described in this subsection (1.9)(a) who works for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).

(II) The provisions of this subsection (1.9) apply only if:

(A) The employer in the school division of the association that hires the service retiree is a small rural school district, as defined in section 22-54-104.7 (9)(c), or a rural school district as determined by the department of education based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, a board of cooperative services, as defined in section 22-5-103 (2), or a charter school, as defined in section 22-5-119 (3)(d), that is located within a small rural school district, as defined in section 22-54-104.7 (9)(c), or that is located within a rural school district that enrolls six thousand five hundred students or fewer in kindergarten through twelfth grade;

(B) The school district, board of cooperative services, or charter school hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district, enrolled by one or more of the districts served by the board of cooperative services, or enrolled by the charter school, or for the purpose of being a superintendent, a principal, a school food services cook, a school nurse, or a paraprofessional, as defined in section 22-60.3-102 (9); and

(C) The school district, board of cooperative services, or charter school determines that there is a critical shortage of qualified superintendents, principals, teachers, school bus drivers, school food services cooks, school nurses, or paraprofessionals, as defined in section 22-60.3-102 (9), as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district, board of cooperative services, or charter school.

(b) An employer in the school division of the association that hires a service retiree pursuant to this subsection (1.9) shall notify the association upon hiring a service retiree pursuant to this subsection (1.9). A list of any and all service retirees employed by the employer shall be provided to the association no later than September 1 of the applicable calendar year and shall be updated prior to any additional hirings during the same calendar year.

(c) An employer in the school division of the association that hires a service retiree pursuant to this subsection (1.9) shall provide full payment of all employer contributions and disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (1.9)(a) of this section.

(d) Any service retiree who is employed pursuant to this subsection (1.9) shall not be required to resume membership. Upon termination of such service retiree's employment, there shall be no benefit calculation reflecting additional service credit accumulated or any increase in the highest average salary of such person.

(e) A service retiree who is employed pursuant to this subsection (1.9) shall not receive a health-care premium subsidy pursuant to section 24-51-1206 during such employment.

(f) Any service retiree who is employed pursuant to this subsection (1.9) shall be eligible to participate in the health plan offered by the employer in the school division while employed by the employer.

(g) The period during which a service retiree may receive salary without reduction in benefits and without limitation in a calendar year pursuant to this subsection (1.9) shall not exceed six consecutive years from the date the service retiree began work pursuant to this subsection (1.9).

(h) A teacher, school bus driver, school food services cook, school nurse, superintendent, principal, or qualified paraprofessional who retires before he or she has met the age and service credit requirements for full service retirement benefits pursuant to section 24-51-602 shall not be employed after retirement pursuant to this subsection (1.9) by the employer in the school division that was the teacher's, school bus driver's, school food services cook's, school nurse's, superintendent's, principal's, or qualified paraprofessional's last employer until two years after the teacher's, school bus driver's, school food services cook's, school nurse's, superintendent's, principal's, or qualified paraprofessional's date of retirement.

(i) The association shall submit a report to the finance and education committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of this subsection (1.9) in accordance with subsection (6) of this section.

(j) Repealed.

(2) Salary from the employment, engagement, retention, or other use of a service retiree or DPS retiree in an individual capacity or of any entity owned or operated by a service retiree or affiliated party by an employer to perform any service as an employee, contract employee, consultant, independent contractor, or through any other arrangement, shall be subject to employer contributions but shall not be subject to member contributions. Effective January 1, 2011, such salary shall also be subject to working retiree contributions. Salary from employment by a retiree who is serving in a state elected official's position shall not be subject to employer contributions or working retiree contributions. Salary from employment of a retiree who is participating in an educational employees' optional retirement plan pursuant to article 54.5 of this title shall not be subject to working retiree contributions.

(2.5) Repealed.

(3) Any service retiree employed pursuant to this section shall not be eligible for disability retirement and survivor benefits during the employment period in which member contributions are not being made pursuant to the provisions of this section.

(4) The provisions of this part 11 shall govern employment after service retirement except to the extent that specific provisions regarding portability and the effect of portability are provided in part 17 of this article.

(5) (a) Subject to subsection (5)(j) of this section, a service retiree who is a special service provider and is hired pursuant to this subsection (5) by a board of cooperative services that satisfies the criteria specified in subsection (5)(b) of this section may receive salary without reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any employer during the month of the effective date of retirement. A service retiree described in this subsection (5)(a) who works for any employer during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).

(b) This subsection (5) applies only if:

(I) The board of cooperative services hires the service retiree to provide services in two or more rural school districts as determined by the department of education based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area;

(II) The board of cooperative services hires the service retiree for the purpose of providing special services to students enrolled by the districts served by the board of cooperative services; and

(III) The board of cooperative services determines that there is a critical shortage of qualified special service providers and that the service retiree has specific experience, skills, or qualifications that would benefit the students in the school districts served by the board of cooperative services.

(c) A board of cooperative services that hires a service retiree pursuant to this subsection (5) shall notify the association before hiring the service retiree. A list of all service retirees employed by the board of cooperative services shall be provided to the association no later than September 1 of the applicable calendar year and shall be updated prior to any additional hirings during the same calendar year.

(d) The total number of service retirees hired by all boards of cooperative services pursuant to this subsection (5) during the time it is in effect shall not exceed forty. The association shall ensure that the boards of cooperative services do not hire more than forty service retirees pursuant to this subsection (5).

(e) A board of cooperative services that hires a service retiree pursuant to this subsection (5) shall provide full payment of all employer contributions and disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (5)(a) of this section. In addition, a board of cooperative services that hires a service retiree pursuant to this subsection (5) shall make an additional monthly payment to the association in an amount equal to two percent of the salary paid to the service retiree.

(f) Any service retiree who is employed pursuant to this subsection (5) shall not be required to resume membership. Upon termination of such service retiree's employment, there shall be no benefit calculation reflecting additional service credit accumulated or any increase in the highest average salary of such person.

(g) A service retiree who is employed pursuant to this subsection (5) shall not receive a health care premium subsidy pursuant to section 24-51-1206 during such employment.

(h) Any service retiree who is employed pursuant to this subsection (5) shall be eligible to participate in the health plan offered by the board of cooperative services or a school district served by the board of cooperative services while employed by the board of cooperative services.

(i) The period during which a service retiree may receive salary without reduction in benefits and without limitation in a calendar year pursuant to this subsection (5) shall not exceed five consecutive years from the date the service retiree began work pursuant to this subsection (5).

(j) A special service provider who retires before he or she has met the age and service credit requirements for full service retirement benefits pursuant to section 24-51-602 shall not be employed after retirement pursuant to this subsection (5) by the board of cooperative services that was the special service provider's last employer until two years after his or her date of retirement.

(k) On or before December 1, 2023, the association shall submit a report to the finance committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of this subsection (5). The boards of cooperative services that employ special service providers pursuant to this subsection (5) shall provide information requested by the association for the purposes of the report. The report shall include:

(I) The number of special service providers who have been employed after service retirement pursuant to this subsection (5) as of the date of the report;

(II) The extent to which this subsection (5) has helped boards of cooperative services address shortages of school special service providers;

(III) The costs, if any, to the association as a result of this subsection (5); and

(IV) Any other information deemed relevant by the association.

(l) As used in this subsection (5):

(I) "Board of cooperative services" has the same meaning as set forth in section 22-5-103 (2).

(II) "Employer" has the same meaning as set forth in section 24-51-101 (20).

(III) "Special service provider" means a person who is employed by a board of cooperative services to provide special services to students in the school districts within the geographic region served by the board of cooperative services.

(m) This subsection (5) is repealed, effective July 1, 2030.

(6) (a) On or before December 1, 2025, and on or before December 1 of each fifth year thereafter, the association shall submit a report to the finance and education committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of subsections (1.8), (1.9), and (5) of this section. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required by this subsection (6) continues indefinitely.

(b) The employers in the school division of the association that employ a service retiree pursuant to subsection (1.8), (1.9), or (5) of this section shall provide information requested by the association for the purposes of the report.

(c) The report must include:

(I) The number of service retirees who have been employed after service retirement pursuant to subsections (1.8), (1.9), and (5) of this section as of the date of the report;

(II) The extent to which subsection (1.8), (1.9), or (5) of this section have helped employers in the school division address shortages;

(III) The costs, if any, to the association as a result of subsection (1.8), (1.9), or (5) of this section; and

(IV) Any other information deemed relevant by the association.
C.R.S. § 24-33.5-1624 — CO Code / Title 24 / Article 33.5 / Part 16 / Section 24-33.5-1624
24-33.5-1624. Telecommunications security - telecommunications network - national security - g
Status: in_force

24-33.5-1624. Telecommunications security - telecommunications network - national security - general provisions - registration - rules - secure telecommunications cash fund - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) (I) "Critical telecommunications infrastructure" means all physical telecommunications infrastructure and equipment that supports the transmission of information, regardless of the transmission medium or technology employed, and that connects to a telecommunications network that permits the user to engage in the use of telecommunications service, including telecommunications service provided directly to the public or to such classes of uses as to be effectively available to the public.

(II) "Critical telecommunications infrastructure" does not include telecommunications equipment that is used solely for the operation of a utility and that is not used in connection with telecommunications service offered to the public.

(b) "Federally banned entity" means any entity or equipment that the federal government has banned or imposed sanctions against, including banning or sanctions imposed by the following federal agencies and acts:

(I) The federal communications commission, including:

(A) Any entity, equipment, or service deemed to pose a threat to national security identified on the covered list described in 47 CFR 1.50002; and

(B) Any entity, equipment, or service identified on the covered list published by the public safety and homeland security bureau pursuant to the federal "Secure and Trusted Communications Networks Act of 2019", 47 U.S.C. sec. 1601 et seq., as amended;

(II) The United States department of commerce;

(III) The United States cybersecurity and infrastructure security agency;

(IV) The federal acquisition security council, established pursuant to the federal "SECURE Technology Act", 41 U.S.C. sec. 1322, as amended; and

(V) Section 889 of the federal "John S. McCain National Defense Authorization Act for Fiscal Year 2019", Pub.L. 115-232.

(c) (I) "Telecommunications provider" means an entity that offers wireless telecommunications service for a fee directly to the public or to such classes of uses as to be effectively available to the public.

(II) "Telecommunications provider" does not include a municipality or a municipally owned utility.

(2) General provisions. (a) All critical telecommunications infrastructure located within Colorado must be constructed to not include any equipment manufactured by a federally banned entity or any other telecommunications equipment that is banned by the federal government.

(b) (I) For all critical telecommunications infrastructure located within Colorado that is currently in operation and that utilizes equipment that is prohibited by subsection (2)(a) of this section, the prohibited equipment must be removed and replaced with equipment that is not manufactured by a federally banned entity, in accordance with the federal "Secure and Trusted Communications Networks Act of 2019", 47 U.S.C. sec. 1601 et seq., as amended.

(II) A telecommunications provider that removes, discontinues, or replaces any telecommunications equipment manufactured by a federally banned entity is not required to obtain additional permits from any state agency or political subdivision of the state for the removal, discontinuance, or replacement of the telecommunications equipment if:

(A) The telecommunications provider notifies the division or relevant political subdivision of the state of the necessary removal, discontinuance, or replacement of the telecommunications equipment; and

(B) The replacement telecommunications equipment is substantially similar to the existing telecommunications equipment that is being replaced.

(III) If the removal, discontinuance, or replacement of telecommunications equipment requires any work to be completed in a public right-of-way or on any property owned or controlled by a public entity, a telecommunications provider shall:

(A) Comply with the requirements of subsection (2)(b)(II) of this section;

(B) Provide notice to the relevant public entity at least seven days before beginning any work; and

(C) Coordinate with the relevant public entity for completion of the work.

(3) Registration - rules. (a) On or before January 15, 2025, a telecommunications provider with critical telecommunications infrastructure located in Colorado shall register with the division and pay an initial fifty-dollar registration fee. The division shall transmit the initial fifty-dollar registration fee to the state treasurer, who shall credit the money to the secure telecommunications cash fund created in subsection (5) of this section.

(b) A telecommunications provider that registers with the division pursuant to subsection (3)(a) of this section shall:

(I) Provide the division with the name, address, telephone number, and e-mail address of the primary point of contact who oversees the operation of telecommunications service in Colorado by the telecommunications provider;

(II) Pay the initial registration fee pursuant to subsection (3)(a) of this section; and

(III) Certify to the division by January 15 of each year that all critical telecommunications infrastructure operated by the telecommunications provider in Colorado:

(A) Does not use any telecommunications equipment manufactured by a federally banned entity; or

(B) Uses telecommunications equipment manufactured by a federally banned entity, but the telecommunications provider is a participant in the federal secure and trusted communications networks reimbursement program, established by the federal "Secure and Trusted Communications Networks Act of 2019", 47 U.S.C. sec. 1601 et seq., as amended, and is in compliance with the reimbursement program.

(c) (I) A telecommunications provider must register with the division in accordance with subsections (3)(a) and (3)(b) of this section by January 15 of each year until the telecommunications provider certifies to the division that all telecommunications equipment prohibited pursuant to subsection (2)(a) of this section has been removed from all critical telecommunications infrastructure located within Colorado.

(II) A telecommunications provider that initially certifies, pursuant to subsection (3)(b)(III)(A) of this section, that it does not use telecommunications equipment manufactured by a federally banned entity is not required to further register or submit status reports to the division in accordance with subsection (3)(d) of this section.

(d) (I) If a telecommunications provider certifies to the division that it is a participant in the federal secure and trusted communications networks reimbursement program, pursuant to subsection (3)(b)(III)(B) of this section, and that the telecommunications provider is in the process of removing the telecommunications equipment prohibited pursuant to subsection (2)(a) of this section, the telecommunications provider shall provide to the division copies of any status update required by the federal government as part of the federal "Secure and Trusted Communications Networks Act of 2019", 47 U.S.C. sec. 1601 et seq., as amended.

(II) The division shall not require a telecommunications provider to provide more than two status reports in a calendar year and shall not collect any more information from the telecommunications provider than what the telecommunications provider is required to provide to the federal government.

(III) The division shall not require a telecommunications provider to pay more than the initial fifty-dollar registration fee, even if the telecommunications provider must continue to certify to the division that the telecommunications provider uses telecommunications equipment manufactured by a federally banned entity in accordance with subsection (3)(c)(I) of this section and provide status updates to the division in accordance with this subsection (3)(d).

(4) Rules. The director of the division shall promulgate and enforce any rules necessary to implement this section, including:

(a) Developing procedures for a telecommunications provider to notify any relevant state agencies or political subdivisions of the state when the telecommunications provider is planning to remove, discontinue, or replace any telecommunications equipment from a federally banned entity; and

(b) Establishing registration procedures and fees in accordance with subsection (3) of this section.

(5) Secure telecommunications cash fund - created. (a) The secure telecommunications cash fund is created in the state treasury. The fund consists of the registration fees collected by the division and credited to the fund pursuant to subsection (3)(a) of this section and any other money that the general assembly may appropriate or transfer to the fund.

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

(c) Subject to annual appropriation by the general assembly, the division may expend money from the secure telecommunications cash fund for the purposes specified in this section.