C.R.S. § 24-33.5-412 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-412
24-33.5-412. Functions of bureau - legislative review - interagency cooperation with reportin
Status: repealed

24-33.5-412. Functions of bureau - legislative review - interagency cooperation with reporting functions - processing time for criminal history record checks - computer crime - synthetic cannabinoids enforcement. (1) The bureau has the following authority:

(a) (I) When assistance is requested by any sheriff, chief of police, district attorney, head of a state agency, or chief law enforcement officer and with the approval of the director, to assist such state agency or law enforcement authority in the investigation and detection of crime and in the enforcement of the criminal laws of the state.

(II) For purposes of subparagraph (I) of this paragraph (a), "state agency" means any department or agency of the executive branch and the office of the state auditor.

(b) When assistance is requested by any district attorney and upon approval by the director, to assist the district attorney in preparing the prosecution of any criminal case in which the bureau had participated in the investigation under the provisions of this part 4;

(c) To establish and maintain fingerprint, crime, criminal, fugitive, stolen property, and other identification files and records; to operate the statewide uniform crime reporting program; and to arrange for scientific laboratory services and facilities for assistance to law enforcement agencies, utilizing existing facilities and services wherever feasible;

(c.5) To maintain a computerized data file of motor vehicle information received from the department of revenue accessible to law enforcement agencies through the telecommunications network operated by the bureau, and, by January 1, 2001, to allow law enforcement agencies to search multiple fields in the motor vehicle files including but not limited to vehicle license plate numbers, vehicle identification numbers, manufacturers, models, years, tab, and primary body colors, or any combinations thereof;

(d) To investigate suspected criminal activity when directed to do so by the governor;

(e) To procure any records furnished by any law enforcement agency of this state, including local law enforcement agencies, at the expense of the bureau;

(f) To enter into and perform contracts with the department of human services for the investigation of any matters arising under the "Uniform Interstate Family Support Act", article 5 of title 14, C.R.S., or a substantially similar enactment of another state;

(g) Repealed.

(h) To compile, maintain, and distribute a list of missing children as required by section 24-33.5-415.1;

(i) To develop and maintain a computerized database for tracking gangs and gang members both within the state and among the various states;

(j) When assistance is requested by the P.O.S.T. board, to investigate the backgrounds of applicants for certification as peace officers by the P.O.S.T. board, by a review of fingerprint files or records;

(k) To carry out the duties described in article 22 of title 16, C.R.S., including but not limited to promptly transmitting to the federal bureau of investigation upon receipt any fingerprints and conviction data concerning a person convicted of unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;

(l) To carry out the duties set forth in section 24-33.5-424 concerning the national instant criminal background check system ("NICS") in connection with the transfer of firearms;

(m) To carry out the duties described in section 18-6-803.7, C.R.S.;

(n) To carry out the duties of maintaining information related to crimes involving acts of domestic violence or sexual assault as required by article 21 of title 16, C.R.S.;

(o) To carry out the duties set forth in part 2 of article 12 of title 18, C.R.S.;

(p) Repealed.

(q) To locate and apprehend persons who are fugitives from the law;

(r) To conduct criminal history records checks pursuant to section 24-72-305.3;

(s) When requested by the chief of a fire department or his or her designee, and approved by the director or his or her designee, the bureau may assist in the investigation of a possible crime related to arson. When such a request is made by a fire department, the fire department shall notify the appropriate law enforcement agency that a request for assistance from the bureau has been made.

(t) To investigate throughout the state criminal activity involving firearms described in article 12 of title 18, including investigating illegal firearm transfers and attempts, as described in section 18-2-101, to illegally obtain a firearm. The bureau shall communicate with the appropriate local law enforcement agency to deconflict investigative operations and determine investigative responsibilities prior to taking investigative or enforcement action and shall collaborate with the local district attorney in the jurisdiction where the bureau is conducting an investigation in the beginning stages of the investigation. This subsection (1)(t) does not authorize the bureau to investigate other criminal activity encountered during a firearms-related investigation without consent from, or in collaboration with, the local law enforcement agency as required by law.

(2) In order to enable the bureau to carry out the functions enumerated in this section, it shall establish and maintain statewide telecommunications programs consistent with telecommunications programs and policies of the state telecommunications director.

(3) (a) Any other provision of law to the contrary notwithstanding and excluding title 19, C.R.S., except as provided in paragraph (b) of this subsection (3), on and after July 1, 1971, in accordance with a program to be established by the bureau, every law enforcement, correctional, and judicial entity, agency, or facility in this state shall furnish to the bureau all arrest, identification, and final charge dispositional information on persons arrested in Colorado for federal, state, or out-of-state criminal offenses and on persons received for service of any sentence of incarceration. The department of corrections shall furnish its information to the bureau within twenty-four hours of the time a person is received into the custody of the department for service of sentence and prior to twenty-four hours of the time of the person's final discharge from supervision. The department shall also report to the bureau a person's release to parole or to a community correctional facility or program prior to twenty-four hours of such release. The provision of information required by this subsection (3) shall be made in a manner prescribed by the bureau; except that the provision of information by judicial entities, agencies, and facilities shall be under procedures to be established jointly by the state court administrator and the director.

(b) On or after July 1, 1983, the bureau may establish a program under which every entity, agency, or facility specified in paragraph (a) of this subsection (3) shall furnish to the bureau the information specified in section 19-1-306 (3), C.R.S.

(c) For purposes of improving the performance of criminal background checks and the implementation of the integrated criminal justice information system established in article 20.5 of title 16, C.R.S.:

(I) The criminal justice information program task force created in section 16-20.5-103, C.R.S., shall establish and require the use of uniform identifiers in the information required by this subsection (3) in order to facilitate the matching of criminal records in the bureau's databases and in the ICON system at the state judicial department, and such identifiers may be any identifiers existing on or after May 30, 2001; and

(II) Except as otherwise provided in this subsection (3), every law enforcement, correctional, and judicial entity, agency, or facility in this state shall forward to the bureau the information required by this subsection (3) within seventy-two hours after receiving such information; except that the time period shall not include Saturdays, Sundays, or legal holidays. The information forwarded to the bureau shall include, but need not be limited to, the fingerprints of said arrested persons.

(d) The bureau shall electronically forward the information required by this subsection (3) to the judicial department through the integrated criminal justice information system program established by article 20.5 of title 16, C.R.S., within twenty-four hours after the receipt of:

(I) An electronic version of the suspect's arrest and fingerprint information by the bureau; or

(II) A paper copy of the suspect's arrest and fingerprint information by the bureau if the information is from a jurisdiction that does not use an electronically-based fingerprint transmission system.

(4) The bureau is charged with the responsibility to investigate organized crime which cuts across jurisdictional boundaries of local law enforcement agencies, subject to the provisions of section 24-33.5-410.

(5) (a) To assist the bureau in its operation of the uniform crime reporting program, every law enforcement agency in this state shall furnish such information to the bureau concerning crimes, arrests, and stolen and recovered property as is necessary for uniform compilation of statewide reported crime, arrest, and recovered property statistics. In cases involving child abuse or sexual assault on a child and in all other cases involving murder, sexual assault, or robbery, the law enforcement agency shall furnish information to the bureau concerning the modus operandi of such crimes in order to facilitate the identification of cross-jurisdictional offenders. Information required to be submitted pursuant to this section shall be submitted in a form specified by the bureau; except that the bureau shall adopt a form and reporting standards consistent with the development of the strategic plan for an integrated criminal justice information system, in accordance with article 20.5 of title 16, that shall be consistent with applicable federal and state laws and regulations such as the national criminal justice information system standards. The cost to the law enforcement agency of furnishing such information shall be reimbursed out of appropriations made therefor by the general assembly; except that the general assembly shall make no such reimbursement if said cost was incurred in a fiscal year during which the Colorado crime information center was funded exclusively by state or federal funds.

(b) Beginning in 2018, and every year thereafter, the department shall include as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203 information concerning the reports submitted by law enforcement agencies pursuant to subsection (5)(a) of this section, including but not limited to information concerning reports of bias-motivated crimes, as described in section 18-9-121.

(6) The bureau is charged with the responsibility of implementing, administering, complying with the terms of, and serving as the state's criminal history record repository as defined in the "National Crime Prevention and Privacy Compact" established in accordance with the provisions of part 27 of article 60 of this title. For purposes of said compact, the compact officer for the state of Colorado shall be the director of the bureau or a designee of the director.

(7) Notwithstanding any provision of law to the contrary, if a department or agency of the executive branch is required by statute to request a fingerprint-based criminal history record check from or through the bureau and obtain and process the results within a specified time, whether for purposes of issuance of a professional license or for any other reason, and, due to a backlog in requests pending with the bureau or due to other factors beyond the control of the department or agency, the department or agency is unable to act within the time required by statute:

(a) The department or agency is allowed an extension of time within which to obtain and process the results of the record check;

(b) The department or agency shall notify the applicant and other interested persons of the reason for the delay; and

(c) The status of the person whose criminal history is the subject of the record check, and his or her rights and responsibilities as specified in the statute that set forth the original period for agency action, do not change as a result of the delay.

(8) (a) The bureau has the authority to conduct criminal investigations relating to cybercrime violations pursuant to section 18-5.5-102, when violations are reported or investigations requested by law enforcement officials or the governor or when violations are discovered by the bureau. All investigations conducted by the bureau must be in cooperation and coordination with local, state, or federal law enforcement authorities, subject to the provisions of section 24-33.5-410.

(b) The bureau shall develop and collect information with regard to cybercrime in an effort to identify, charge, and prosecute criminal offenders and enterprises that unlawfully access and exploit computer systems and networks, impact functionality, and access sensitive data and shall report such information to the appropriate law enforcement organizations. The bureau must also provide awareness training and information concerning cyber-security and security risks to the information technology critical infrastructure industry.

(c) The bureau shall prepare reports at least annually concerning any activities of cybercrime in Colorado for use by local or federal law enforcement officials or the governor. The reports are available for public inspection unless the material in the reports is exempt under article 72 of this title 24.

(d) The director of the bureau may enter into any contract that is necessary to carry out the duties and responsibilities set forth in this subsection (8).

(9) On and after September 1, 2014, the bureau shall purchase and maintain materials and equipment to be made available by the bureau to law enforcement agencies and to the liquor enforcement division in the department of revenue, for the presumptive identification of synthetic cannabinoids or any other designer drugs.

(10) An agent or other employee of the bureau who is a peace officer shall wear and activate a body-worn camera in accordance with section 24-31-902 when conducting any public-facing part of an investigation pursuant to subsection (1)(t) of this section.
C.R.S. § 24-51-1717 — CO Code / Title 24 / Article 51 / Part 17 / Section 24-51-1717
24-51-1717. Option A
Status: in_force

24-51-1717. Option A. Option A is a single life annuity, which is defined as a specified sum of money payable monthly to an annuitant from the time of retirement until the death of said annuitant, without refund of any kind to the estate of the deceased annuitant or anyone claiming by or through the annuitant. The monthly retirement allowance under option A shall be calculated in accordance with the provisions of section 24-51-1715. For retirements having effective dates on or after December 31, 2004, option A shall be revised to provide that if, upon the death of the annuitant, the total amount of retirement allowance that has been paid to the annuitant does not exceed the amount of the member's accumulated contributions, then the difference between said accumulated contributions and the total amount of retirement allowance paid to such annuitant shall be paid to the named beneficiary of the annuitant or, if no named beneficiary exists, to the estate of the annuitant. The monthly retirement allowance under the revised option shall be calculated in accordance with the provisions of section 24-51-1715.
C.R.S. § 24-52.5-101 — CO Code / Title 24 / Article 52.5 / Section 24-52.5-101
24-52.5-101. Legislative declaration
Status: in_force

24-52.5-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) It is essential for the state to be able to attract and retain qualified employees in order to provide the highest quality of service to the people of Colorado.

(b) The quality and flexibility of health and retirement benefits are important factors in hiring and retaining qualified state employees.

(c) The cost of medical care rises every year and because medicare and state retiree health benefits do not fully cover those costs, retirees are increasingly responsible for covering their medical costs after retirement.

(d) A properly constructed program to help state employees prepare for the costs of medical expenses after retirement could be cash funded through contributions of state employees and could operate as an enterprise as defined in section 20 of article X of the state constitution.

(2) The general assembly further finds and declares that:

(a) A new concept for providing retirement health benefits for the employees of nonprofit entities, including state governments, is for the nonprofit entity to create a retirement health savings trust. Such trust offers the following advantages:

(I) A retirement health savings trust is established by the nonprofit entity for the purpose of providing retirement health benefits to the employees of the entity.

(II) The provision of retirement health benefits is considered an integral part of the nonprofit entity's activities.

(III) A retirement health savings trust that makes the provision of retirement health benefits possible is considered a part of the nonprofit entity and therefore may be included in the entity's tax-exempt status.

(IV) A retirement health savings trust creates an individual account within the trust for each employee who chooses to participate and allows the employer to make pretax contributions, including unused annual or sick leave, to an employee's account on behalf of the employee.

(V) The nonprofit entity that creates a retirement health savings trust maintains substantial control of the trust in that it has the power to amend or terminate the trust and to appoint the trustees of the trust.

(VI) A retirement health savings trust allows each participating employee to determine how his or her money will be invested.

(VII) All earnings in a retirement health savings trust grow on a tax-deferred basis, and a participating employee may make withdrawals on a tax-free basis after reaching a certain age, so long as the moneys are used for qualified medical expenses.

(VIII) Any assets that remain in a participating employee's account at the time of the employee's death may be used for qualified medical expenses by the employee's spouse, dependents, or other beneficiaries.

(b) The creation of a retirement health savings trust by the state for the benefit of state employees would give such employees an opportunity to prepare for health costs that they will incur during retirement and would be beneficial to the health and well-being of such employees.
C.R.S. § 24-33.5-1807 — CO Code / Title 24 / Article 33.5 / Part 18 / Section 24-33.5-1807
24-33.5-1807. School safety resource center cash fund
Status: repealed

24-33.5-1807. School safety resource center cash fund. (1) There is hereby created in the state treasury the school safety resource center cash fund, referred to in this section as the "fund". The fund shall consist of:

(a) Such moneys as the general assembly may appropriate to the fund;

(b) Gifts, grants, and donations received by the department pursuant to subsection (2) of this section; and

(c) Any moneys that the center receives as fees charged to attendees of a training program or conference, as described in section 24-33.5-1808.

(2) The department is authorized to solicit and accept gifts, grants, and donations from public and private sources for the purposes of this part 18; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. All moneys collected by the department pursuant to this subsection (2) shall be transmitted to the state treasurer, who shall credit the same to the fund.

(3) Except as otherwise provided in subsection (6) of this section, the money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this part 18. Any money in the fund not expended for the purposes of this part 18 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.

(4) (a) Except as otherwise provided in subsection (6) of this section, the department is authorized to expend money from the fund for the purposes of this part 18.

(b) The department may expend up to two percent of the money annually appropriated from the fund, not including money credited to the school security disbursement program account pursuant to subsection (6) of this section, to offset the costs incurred in implementing this part 18.

(5) Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(5.5) Notwithstanding any other provision of this section, on June 30, 2020, the state treasurer shall transfer one million dollars from the fund to the general fund.

(6) and (7) Repealed.
C.R.S. § 24-17-101 — CO Code / Title 24 / Article 17 / Part 1 / Section 24-17-101
24-17-101. Short title
Status: in_force

24-17-101. Short title. This part 1 shall be known and may be cited as the "State Department Financial Responsibility and Accountability Act".
C.R.S. § 24-32-728 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-728
24-32-728. Mobile home park resident empowerment loan program - fund - creation - policies
Status: in_force

24-32-728. Mobile home park resident empowerment loan program - fund - creation - policies - report - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) The COVID-19 pandemic has had devastating and uneven economic and health consequences across the state;

(b) Communities that faced economic, health, and social vulnerabilities before the pandemic began have been disproportionately affected by the public health and economic consequences of the pandemic;

(c) The pandemic and the recession following the pandemic have increased housing insecurity among vulnerable and low-income communities;

(d) Residents and home owners in mobile home parks are among those who have faced increased economic and housing insecurity in the wake of the COVID-19 pandemic;

(e) Over one hundred thousand people in Colorado live in mobile home parks, including many of the state's low-income workers, immigrants, older adults, individuals with disabilities, and veterans and their families;

(f) While mobile home parks are an important source of affordable housing and low-income home ownership opportunities for Colorado residents, the business model associated with mobile home parks creates unique and significant risks for mobile home owners and residents;

(g) Because mobile home owners often rent the land under their homes from a mobile home park owner or landlord, home owners may experience unpredictable housing cost increases, face costly moves, or lose the value of their home if the mobile home park owner sells the park or changes the use of the land;

(h) Residents and home owners in mobile home parks are therefore particularly vulnerable to housing insecurity and face disproportionate risks of homelessness or eviction as a result of the economic impacts of the COVID-19 pandemic;

(i) Colorado law provides opportunities for mobile home owners to purchase their mobile home parks when the park owner or landlord decides to sell the park to protect themselves from the risks associated with changes in mobile home park ownership;

(j) However, mobile home owners face obstacles in obtaining financing through traditional sources, stopping mobile home owners from taking advantage of the opportunity to purchase their mobile home parks. Even when mobile home owners can obtain traditional financing, the offers cannot compete with offers for cash at closing, preventing those mobile home owners from stewarding their parks to provide stability and build intergenerational wealth for themselves.

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

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

(m) The executive committee subsequently convened the affordable housing transformational task force and subpanel (task force), made up of legislators, executive branch members, and diverse stakeholders, including industry experts;

(n) The task force evaluated proposals and made recommendations to achieve a new vision for affordable housing, seeking to create an affordable housing system that, among other things, is affordable, overcomes disparities, builds wealth, is sustainable, and removes obstacles in order to support Coloradans and their housing needs;

(o) The task force recommended that the general assembly create a program to provide low-interest loans or grants, or both, for the preservation of naturally occurring affordable housing, such as mobile home parks, including the purchase of such affordable housing by mobile home owners or community or nonprofit organizations in their communities to prevent eviction and displacement, and build capacity, especially among communities disproportionately disadvantaged and impacted by COVID-19;

(p) Establishing a revolving loan and grant fund to help provide technical assistance and secure financing for mobile home owners to organize and purchase their mobile home parks can support long-term affordable housing security in the state by allowing mobile home owners to purchase the land that their mobile homes occupy to protect themselves from the risks and insecurities they currently face with the turnover in mobile home park ownership;

(q) Programs to support long-term housing security, including the development of affordable housing and the provision of financial services for the unbanked and underbanked, are essential to address the affordable housing crisis in Colorado and to protect and preserve Colorado's largest source of unsubsidized affordable housing;

(r) Creating a revolving loan and grant program for mobile home park residents to organize and purchase their mobile home parks responds to the negative economic impacts of the COVID-19 pandemic by helping residents who are often low income and who face disproportionate risks of housing insecurity become more secure while developing long-term affordable housing security for Colorado;

(s) By creating long-term, sustainable sources of affordable housing for Colorado residents, the revolving loan and grant program serves an important and discrete public purpose in securing the state's economic and overall recovery from the crisis caused by COVID-19; and

(t) Supporting the state's recovery from the crisis caused by COVID-19 and supporting long-term housing security through the preservation and development of affordable housing is the primary purpose of the revolving loan and grant program and outweighs any benefit to private individuals or entities.

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

(a) "Administrator" means an entity that the division contracts with pursuant to subsection (3) of this section to administer the loan program.

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

(c) "Eligible home owners" means a group or association of mobile home owners or their assignees seeking to purchase a mobile home park pursuant to section 38-12-217.

(d) "Fund" means the mobile home park resident empowerment loan and grant program fund established in subsection (10) of this section.

(e) "Program" or "loan program" means a mobile home park resident empowerment loan program established in accordance with this section.

(3) (a) The division shall contract with at least two and not more than three administrators to establish a mobile home park resident empowerment loan program in accordance with this section; except that, if the division finds that there is only one qualified applicant in an open and competitive selection process, the division may contract with a single administrator. The purpose of the program is to provide both acquisitions and capital improvement financing to eligible home owners in order to allow them to purchase their mobile home park pursuant to section 38-12-217. An administrator must be a business nonprofit organization, nondepository community development financial institution, business development corporation, or other entity as determined by the division. The division shall use an open and competitive process to select the administrator or administrators for the program.

(b) In selecting an administrator or administrators, the division shall give priority to applicants that demonstrate:

(I) Operational capacity to deploy the program money for the intended purpose;

(II) Proficiency in financial management and public reporting systems;

(III) The ability to leverage additional public or private capital to provide loans to eligible home owners; and

(IV) A track record of distributing grant or loan funds in an efficient manner.

(4) (a) Notwithstanding any restriction on the investment of state money set forth in section 24-36-113 or any other provision of law, subject to the availability of money in the fund and the requirements of this section, the division may transfer money from the fund to an administrator pursuant to a contract to establish a loan program in accordance with this section. An administrator shall use the money provided to make loans to eligible home owners.

(b) A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the administrative costs of the division in implementing and overseeing the program. A contract with an administrator may require the administrator to repay all lending capital that is not committed to loans under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (4)(b) through a contract with another new or existing administrator.

(c) In developing performance benchmarks and performance reviews for administrators, the division shall consult with eligible home owners and individuals and groups supporting eligible home owners, including those who have successfully purchased their mobile home park or who have attempted to purchase their mobile home park under section 38-12-217.

(5) (a) An administrator shall establish and publish policies for the loan program, which must meet any criteria or terms established by the division. At a minimum, the policies must address:

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

(II) Eligibility criteria for eligible home owners applying to the program;

(III) Maximum assistance levels for loans;

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

(V) Foreclosure terms;

(VI) Reporting requirements for recipients;

(VII) Program fees, including the application fee, origination fee, and closing costs policies;

(VIII) Underwriting and risk management policies;

(IX) The extent to which the loan terms will result in affordable rents and minimal displacement for currently eligible home owners;

(X) The extent to which loan terms and approval processes will facilitate offers by eligible home owners that are competitive to other market offers;

(XI) The feasibility and long-term sustainability of governance and management structures supported by home owner purchase loans, and the extent to which such structures, loan terms, and administration may disadvantage some communities and community members; and

(XII) Any additional policies necessary to administer the program.

(b) The policies established by an administrator must allow a previously submitted application or an approved loan to be transferred to an assignee if a group or association of home owners provide written notice of an assignment executed pursuant to section 38-12-217 (8).

(c) The policies required by this subsection (5) shall be developed and implemented with a goal of generating enough return to replenish the program for future loan allocations.

(6) In determining the eligibility of applicants and the size and terms of loans, the administrator shall prioritize low-income communities and other communities that have faced disproportionate impacts from the COVID-19 pandemic.

(7) (a) The division shall establish a grant program to provide grants to one or more nonprofit organizations to provide technical and other assistance to eligible home owners seeking to organize and purchase their mobile home park.

(b) The division shall establish and publicize policies for the grant program. At a minimum, the policies must address:

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

(II) Eligibility and selection criteria for nonprofit organizations applying to receive grants;

(III) Maximum grant sizes;

(IV) Any additional specifications or criteria for the uses of the grant money allowed by subsection (7)(c) of this section;

(V) Any reporting requirements for recipients; and

(VI) Any additional policies necessary to administer the program.

(c) Grant recipients may use grant money:

(I) To provide technical assistance to eligible home owners seeking to organize to purchase their mobile home park in accordance with this section;

(II) To provide additional assistance to eligible home owners, including by conducting assessments of the physical condition of mobile home parks subject to purchase, procuring or providing legal or law-related services, providing earnest deposits or pre-paid escrow, providing supplemental financial services, or providing additional technical and administrative assistance after a successful purchase; and

(III) For other related uses identified by the division.

(d) Subject to available appropriations, grants may be paid from the fund and from any additional funding source for which the division has spending authority for this purpose.

(8) (a) The division shall establish a grant program to provide grants to eligible home owners in order to support and maintain the long-term affordability of a resident owned mobile home park.

(b) The division shall establish and publicize policies for the grant program. At a minimum, the policies must address:

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

(II) Eligibility and selection criteria for eligible home owners applying to receive grants;

(III) Maximum grant sizes;

(IV) Reporting requirements for recipients;

(V) Criteria for the types of rent stabilization and affordability programs supported by the program; and

(VI) Any additional policies necessary to administer the program.

(c) Grant recipients may use grant money for programs to stabilize lot rents and limit rent increases in the park in order to ensure the long-term affordability of the park.

(d) Subject to available appropriations, grants may be paid from the fund and from any additional funding source for which the division has spending authority for this purpose.

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

(10) (a) The mobile home park resident empowerment loan and grant program fund is hereby created in the state treasury. The fund consists of any money that the general assembly appropriates or transfers to the fund and any gifts, grants, or donations credited to the fund pursuant to subsection (9) of this section.

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

(c) Money in the fund is continuously appropriated to the department for the purposes specified in this section. The department may use up to five percent of the money appropriated, transferred, or repaid under a contract with an administrator to the fund to pay for its direct and indirect costs in administering this section.

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

(11) The department shall annually report on the loan and grant programs established in this section as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203.
C.R.S. § 24-82-1002 — CO Code / Title 24 / Article 82 / Part 10 / Section 24-82-1002
24-82-1002. Definitions
Status: in_force

24-82-1002. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Leveraged leasing agreement" means an agreement or a series of agreements between the state and a private person under which:

(a) In exchange for monetary consideration paid in a lump sum when the lease closes, the state leases a qualified state capital asset to a private person for a term of sufficient length to allow the private person to depreciate the asset for federal income tax purposes under the federal "Internal Revenue Code of 1986", as amended, or any successor provision thereto, and retains a right to cancel the lease in exchange for specified consideration;

(b) The private person subleases the qualified state capital asset back to the state pursuant to a sublease contract that:

(I) Is for a term shorter than the term of the lease;

(II) Gives the private person leasehold rights in the asset; and

(III) Requires an amount of the monetary consideration paid in a lump sum to the state when the lease closes that is adequate to meet all lease payments to be made by the state under the terms of the sublease contract to be deposited into a specified account established pursuant to the sublease contract as adequate cash reserves pledged irrevocably for sublease payments in all future fiscal years; and

(c) The state retains the right to the use of the qualified state capital asset for the duration of the term of the sublease.

(2) "Qualified state capital asset" or "asset" means qualified technological equipment as defined by section 168 (i)(2)(A) of the federal "Internal Revenue Code of 1986", as amended, or any successor provision thereto.
C.R.S. § 24-32-3803 — CO Code / Title 24 / Article 32 / Part 38 / Section 24-32-3803
24-32-3803. Child care facility development planning grant program - created - report - defi
Status: repealed

24-32-3803. Child care facility development planning grant program - created - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Child care development" means:

(I) The development or creation of a new child care facility; or

(II) Remodeling or retrofitting an existing building or space to be a child care facility.

(b) "Eligible recipient" means a local government that is eligible to receive a grant through the program.

(c) "Program" means the child care facility development planning grant program that is created in subsection (2)(a) of this section.

(2) (a) There is created in the division the child care facility development planning grant program to incentivize and support local governments in identifying and making regulatory updates or improvements to community planning, development, building, zoning, and other regulatory processes to support the development of child care facilities. Eligible recipients that intend to implement one or more of the recommended policy or regulatory tools set forth in subsection (3)(c) of this section or identify other local policies or programs to implement to streamline the eligible recipient's regulatory environment for development of child care facilities as set forth in subsection (3)(b) of this section and that can benefit from additional funding for implementation may receive grants pursuant to the program. Grant money may be used by an eligible recipient to retain consultants or related professional services to assess the child care needs of its community, including considerations of equity, or to make changes to its policies, programs, development review processes, land use codes, and related rules and regulations to promote development of child care facilities.

(b) In administering the program, the division shall provide assistance to eligible recipients on best practices and tools for incentivizing the development of child care facilities.

(c) The division shall consult with the department of early childhood, created in section 26.5-1-104 (1), in developing the menu of recommended policy or regulatory tools pursuant to subsection (3) of this section and the policies and procedures required to be adopted pursuant to subsection (4)(a) of this section.

(3) (a) In connection with the policies, procedures, and guidelines that the division is required to adopt for the program pursuant to subsection (4)(a) of this section, the division shall develop a menu of recommended policy or regulatory tools that eligible recipients can adopt to promote development of child care facilities within their territorial boundaries or across their region.

(b) The menu of recommended policy or regulatory tools that the division is required to develop pursuant to subsection (3)(a) of this section must include known or promising best practices. Implementation of any recommended policy or regulatory tools is at the discretion of the eligible recipient based on compatibility with community needs and desires. Eligible recipients may select from the menu of recommended policy or regulatory tools or identify other local policies or programs to streamline the eligible recipient's regulatory environment for development of child care facilities.

(c) (I) The menu of recommended policy or regulatory tools developed by the division pursuant to this subsection (3) must set forth strategies to promote development of child care facilities including:

(A) The use of vacant publicly owned real property for child care facility development;

(B) Examining or revising local land use policies and regulations to incentivize the development or creation of child care facilities;

(C) Creating a local public funding source dedicated to child care facilities;

(D) Aligning local rules and regulations, such as building codes or zoning codes, with state licensing requirements; and

(E) Any other strategies determined by the division that meet the intent of the program for aligning and streamlining the regulatory environment for child care to incentivize the development of child care facilities.

(II) In addition to the items that the menu of recommended policy or regulatory tools may include set forth in subsection (3)(c)(I) of this section, development of the menu by the division must also allow for the adoption by an eligible recipient of additional policy or regulatory tools that provide novel, creative, or innovative incentives for the development of child care facilities.

(4) (a) On or before November 1, 2024, the division shall adopt policies, procedures, and guidelines for the program, including:

(I) Procedures and timelines for local governments to apply for grants;

(II) Criteria for evaluating applications for approval and the amount of grants;

(III) Performance criteria for eligible recipients; and

(IV) Reporting requirements for eligible recipients.

(b) Evaluation criteria established pursuant to this subsection (4) must include favorable consideration for applications in which the local government demonstrates commitment to evaluating and implementing one or more of the recommended policy or regulatory tools set forth in subsection (3)(c)(I) of this section and, the more recommended policy or regulatory tools the applicant demonstrates a commitment to evaluating and implementing, the more weight the division shall give the application.

(c) The division has sole discretion in determining the amount of grants and any restrictions or conditions on the use of grants by eligible recipients in accordance with the provisions of this section.

(5) On or before January 1, 2026, January 1, 2027, and January 1, 2028, the division shall publish a report that summarizes the use of all grants from the program in the preceding fiscal year. The report must include the amount of grants distributed to eligible recipients and a description of each eligible recipient's use of the grant. The report may contain recommendations of the division for future administration of the program. The report must be shared with the house of representatives education committee, the house of representatives transportation, housing, and local government committee, the senate education committee, and the senate local government and housing committee, or their successor committees, and with the department of early childhood, and must be posted on the division's website.

(6) This section is repealed, effective July 1, 2028.
C.R.S. § 24-32-133 — CO Code / Title 24 / Article 32 / Part 1 / Section 24-32-133
24-32-133. Infrastructure and strong communities grant program - creation - fund - reportin
Status: repealed

24-32-133. Infrastructure and strong communities grant program - creation - fund - reporting - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Affordable housing" means:

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

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

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

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

(c) "Eligible expenses" include planning, engineering, infrastructure, and local capacity.

(d) "Eligible local government" means a municipality or a county.

(e) "Fund" means the infrastructure and strong communities grant program fund created in subsection (5) of this section.

(f) "Grant program" means the infrastructure and strong communities grant program created in subsection (3)(a) of this section.

(g) "Infill development" means the development of unused and underutilized land within existing development patterns, typically but not exclusively in urban areas.

(h) "Local government" means a county, municipality, or a city and county.

(i) "Multi-agency group" means the division, the Colorado energy office created in section 24-38.5-101 (1), and the department of transportation created in section 43-1-103 (1).

(j) "Sustainable development pattern" means a development pattern that may be extended in a cost-effective way that mitigates harm and minimizes the need for additional resources to maintain the development over time.

(k) "Transit-oriented development" means a development that is within walking distance of a transit or other alternative transportation facility.

(2) Multi-agency group - best practices. (a) The multi-agency group shall encourage the involvement of local governments across the state in the grant program. The multi-agency group, with the assistance of stakeholders, shall develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award.

(b) The sustainable land use best practices referenced in subsection (2)(a) of this section will address one or more of the following, without limitation:

(I) Enabling accessory development units or the use of multiplexes by right in residential zones;

(II) Zoning for mixed-use higher density development in downtown areas of municipalities and around transit stations;

(III) Annexation policies;

(IV) Intergovernmental agreements that coordinate future development;

(V) Reduced parking requirements;

(VI) Relaxed occupancy rules;

(VII) Budgeting policies;

(VIII) Water rate structures;

(IX) Road standards;

(X) Hazard risk reduction and mitigation standards;

(XI) Energy efficient building codes;

(XII) Zoning for innovative housing options, including but not limited to modular, manufactured, and prefabricated homes;

(XIII) The use of vacant publicly owned real property within the local government for the development of affordable housing;

(XIV) Planned unit developments with integrated affordable housing units;

(XV) The development of small square footage residential unit sizes; or

(XVI) Any other practice that is deemed innovative by a local government and approved by the multi-agency working group.

(c) The multi-agency group shall distribute the sustainable land use practices developed pursuant to subsection (2)(b) of this section to local governments so that local governments may analyze which, if any, of these practices might have a positive impact in their communities, and then determine how to customize these best practices and adopt them in their communities as appropriate.

(3) Grant program - criteria for awarding grants. (a) The infrastructure and strong communities grant program is hereby created within the division to provide grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing.

(b) The division shall administer the grant program, in consultation with the Colorado energy office, created in section 24-38.5-101 (1), and the department of transportation, created in section 43-1-103 (1), and, subject to available appropriations, award grants in accordance with the requirements of this section. Subject to available appropriations, grants must be paid out of the fund created in subsection (5) of this section.

(c) The division shall develop policies, procedures, and guidelines that establish the criteria that the division must consider in awarding grants pursuant to this section. At a minimum, the criteria must include the consideration of:

(I) The potential impact of a project that a local government would fund with a grant award in light of the goals of the grant program; and

(II) The sustainable land use practices that the local government has adopted to support greater infill housing supply, more affordable housing, and sustainable development patterns.

(4) Policies, procedures, and guidelines governing us of grant funds. (a) The division shall develop policies and procedures to determine how grants funded by the grant program may be used.

(b) At a minimum, the policies, procedures, and guidelines developed pursuant to subsection (4)(a) of this section must require that a grant award be used, at least in part, to fund infrastructure projects that increase the supply of affordable housing and that are within or adjacent to a downtown area, a core business district of a municipality, a transit-oriented development, or that include onsite early childhood care and education services.

(c) The division shall ensure flexibility is afforded rural counties to be able to seek grant funding that addresses local objectives that are compatible with the goals underlying the grant program.

(d) A portion of any grant award may be used for project delivery, planning, and community engagement.

(e) The general assembly hereby encourages grant recipients to expend a portion of any grant award, whenever possible, for funding accessibility improvements or amenities that make the site of the project age-friendly and accessible for persons with disabilities.

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

(II) Notwithstanding subsection (4)(f)(I) of this section, any county or municipality may request from the division of housing:

(A) A determination that a different income restriction should apply to that county or municipality from the one made applicable to the county or municipality in accordance with subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.

(B) At any time, a reclassification of the county or municipality from the category in which the county is initially classified pursuant to subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality.

(5) Fund - administrative costs - permitted uses - gifts, grants, and donations. (a) The infrastructure and strong communities grant program fund is hereby created in the state treasury. The fund consists of any money transferred to the fund, any money that the general assembly may appropriate to the fund, and any gifts, grants, or donations that the division receives for the grant program pursuant to subsection (5)(f) of this section.

(b) The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. All money in the fund that is not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and shall not be credited, transferred, or reverted to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the division for the purposes of this section.

(c) The division may only use the money in the fund for one or more of the following uses:

(I) The costs of administering the grant program as may be incurred by the division. The department may expend up to six percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in connection with administering the uses of grant funding described in subsection (5)(c)(II) of this section.

(II) Making grants to eligible local governments pursuant to the grant program to assist such local governments in:

(A) Identifying sustainable land use best practices and supporting sustainable development patterns;

(B) Determining where and how best to upgrade local government infrastructure to support more efficient, sustainable development patterns that enable greater affordable infill housing development; and

(C) Financing infrastructure improvements.

(d) The Colorado energy office, created in section 24-38.5-101 (1), may use money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the Colorado energy office provides pursuant to section 24-32-133 (2).

(e) The department of transportation, created in section 43-1-103 (1), may use money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the department of transportation provides pursuant to section 24-32-133 (2).

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

(6) Transfer of money to fund. On June 1, 2022, or as soon as practicable thereafter, the state treasurer shall transfer to the fund forty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from money the state received from the federal coronavirus state fiscal recovery fund.

(7) Reporting. (a) On or before October 1, 2023, and on or before October 1 of each year thereafter for the duration of the grant program, the department shall submit a summarized report on the grant program to the senate local government committee and the house of representatives local government committee, or any successor committees. At a minimum, the report must include:

(I) The number of additional affordable housing units and overall housing units projected to be created as a result of the grant program;

(II) The projected or estimated reduction in greenhouse gas emissions as a result of the grant program;

(III) The estimated reduction in vehicle miles traveled and household transportation savings as result of the grant program; and

(IV) The number and type of best practices adopted by eligible local governments that have received grant awards.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in subsection (7)(a) of this section continues until the grant program is repealed in accordance with subsection (8) of this section.

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

(8) Repeal. This section is repealed, effective December 31, 2026.
C.R.S. § 24-102-401 — CO Code / Title 24 / Article 102 / Part 4 / Section 24-102-401
24-102-401. State procurement rules
Status: repealed

24-102-401. State procurement rules. (Repealed)
C.R.S. § 24-48.5-115 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-115
24-48.5-115. Film, television, and media - duties - loan guarantee program
Status: repealed

24-48.5-115. Film, television, and media - duties - loan guarantee program. (1) There is hereby created within the Colorado office of economic development the Colorado office of film, television, and media, the head of which shall be the director of the Colorado office of film, television, and media. The director of the office shall be assisted by a staff to fulfill the office's mission to promote Colorado as a location for making films. Beginning on July 1, 2012, the director of the office shall report to the director of the office of economic development.

(2) The office shall:

(a) Market Colorado as a destination for making feature films, television shows, television commercials, still photography, music videos, and new media projects;

(b) Assist production companies that are interested in conducting production activities in Colorado in scouting appropriate locations in the state for the production company's film;

(c) Assist state and local government agencies and organizations in the creation of permitting criteria for production companies that plan to conduct production activities on state or local government property;

(d) Assist production companies in determining the appropriate state or local government agencies to contact to apply for a permit to conduct production activities on state or local government property;

(e) Serve as a general liaison for production companies and assist in coordination efforts among production companies, any state or local government agency, and local businesses and individuals before, during, and after the production company conducts production activities in Colorado;

(f) Serve as a resource for local governments and communities around Colorado when a production company approaches the local government or community regarding the possibility of conducting production activities on the property of the local government or within the community;

(g) Administer the income tax credit for film production in Colorado as specified in section 39-22-559.

(h) Administer the loan guarantee program as specified in subsection (3) of this section;

(i) Conduct educational seminars to promote the film industry and people working in the film industry in Colorado; and

(j) Perform any other duties in furtherance of the office's mission as deemed necessary by the director of the office and the director of the office of economic development.

(3) (a) The office, with prior approval from the Colorado economic development commission created in section 24-46-102, may enter into a contract or other agreement, or both a contract and other agreement, with a production company to guarantee loans obtained for purposes of financing the production activities, not to exceed twenty percent of the entire budget for the production activities.

(b) The office shall employ the following criteria in determining whether to award a loan guarantee:

(I) The experience, professional qualifications, and business background of the production company shall be such as to give the production activities a reasonable chance of success;

(II) The production company shall be bonded by a major bonding company;

(III) The production company shall have contracted with a major sales company with experience and standing in the film industry, and such sales company shall provide sales estimates that support full repayment of the loan to be guaranteed; and

(IV) The film and the production activities shall result in a positive reflection on the state.

(c) The office may reject any application for a loan guarantee pursuant to this subsection (3).

(d) The office may provide loan guarantees for production activities; except that such loan guarantees shall be limited to twenty percent of the entire budget for the production activities. Loan guarantees may only be provided to feasible production activities for an amount that is the least amount necessary to cause the production activities to occur, as determined by the office, with prior approval from the Colorado economic development commission. The office may structure the loan guarantees in a way that facilitates the production activities and also provides for a compensatory return on investment or loan guarantee facility fee to the office based on the risk of the production activities.

(e) The office may charge a loan guarantee facility fee calculated on the outstanding principal, which fee shall be collected from the eligible borrower by the eligible lender and paid to the office. Moneys collected shall be deposited in the Colorado office of film, television, and media operational account cash fund created in section 24-48.5-116 (5).

(f) Moneys paid to satisfy a defaulted loan made pursuant to this subsection (3) shall only be paid out of the Colorado office of film, television, and media operational account cash fund created in section 24-48.5-116 (5).

(g) No guarantee agreement made by the office pursuant to this subsection (3) shall constitute or become an indebtedness, a debt, or a liability of the state, nor shall such loan guarantee the giving, pledging, or loaning of the full faith and credit of the state.

(4) Repealed.
C.R.S. § 24-38.5-507 — CO Code / Title 24 / Article 38.5 / Part 5 / Section 24-38.5-507
24-38.5-507. Repeal of part
Status: repealed

24-38.5-507. Repeal of part. This part 5 is repealed, effective September 1, 2028.
C.R.S. § 24-80-801 — CO Code / Title 24 / Article 80 / Part 8 / Section 24-80-801
24-80-801. Penalty for damaging monuments
Status: in_force

24-80-801. Penalty for damaging monuments. Any person who destroys, defaces, removes, or injures the monuments or marks erected to mark a historic trail under this part 8 in the state of Colorado commits a petty offense.
C.R.S. § 24-80-213 — CO Code / Title 24 / Article 80 / Part 2 / Section 24-80-213
24-80-213. Assistance from educational institutions
Status: in_force

24-80-213. Assistance from educational institutions. At the request of the state historical society, officials of the bureau of mines of the state of Colorado, the Colorado school of mines, the university of Colorado, and other state educational institutions shall consult with the state historical society and shall assist and advise the society concerning the technical aspects, maintenance, display, and utilization of any part or all of the mineral exhibit described in section 24-80-212.
C.R.S. § 24-109-107 — CO Code / Title 24 / Article 109 / Part 1 / Section 24-109-107
24-109-107. Issuance and appeal of decision
Status: in_force

24-109-107. Issuance and appeal of decision. (1) The procurement official or his or her designee shall issue a written decision within the periods specified in this article 109 regarding any protest, debarment or suspension, or contract controversy if it is not settled by mutual agreement. The decision shall state the reasons for the action taken and give notice to the aggrieved party of his or her right to administrative review of any material issue and judicial review as provided for in this article 109.

(2) A decision shall be effective unless reversed on appeal. A copy of the decision rendered under subsection (1) of this section shall be mailed or otherwise furnished immediately to the aggrieved party. The decision shall be final and conclusive unless the aggrieved party appeals the decision to the executive director or commences an action in court pursuant to this article 109. Except for appeals referred to the office of administrative courts pursuant to section 24-109-201, an appeal from a decision under this section shall not be subject to the provisions of section 24-4-105.

(3) If the procurement official or his or her designee does not issue a written decision regarding a contract controversy within twenty business days after written request for a final decision, or within such longer period as may be agreed upon by the procurement official or his or her designee and the contractor, then the contractor may proceed as if a decision against him or her had been rendered.
C.R.S. § 24-31-706 — CO Code / Title 24 / Article 31 / Part 7 / Section 24-31-706
24-31-706. Repeal of part
Status: repealed

24-31-706. Repeal of part. This part 7 is repealed, effective September 1, 2027. Prior to the repeal of this part 7, the domestic violence fatality review board must be reviewed as provided for in section 2-3-1203.
C.R.S. § 24-30-1513 — CO Code / Title 24 / Article 30 / Part 15 / Section 24-30-1513
24-30-1513. State auditor - examination - report
Status: in_force

24-30-1513. State auditor - examination - report. (1) The state auditor or any person authorized by the state auditor shall conduct an examination in accordance with section 2-3-103 to determine that proper underwriting techniques, sound funding procedures, loss reserves, claims procedures, and accounting practices are being followed in the management and operation of the risk management fund, the self-insured property fund, and the state employee workers' compensation account in the risk management fund.

(2) The state auditor shall present a report of his or her findings concerning:

(a) The risk management fund to the board and to the general assembly; and

(b) The self-insured property fund and the state employee workers' compensation account to the general assembly.
C.R.S. § 24-51-602 — CO Code / Title 24 / Article 51 / Part 6 / Section 24-51-602
24-51-602. Service retirement eligibility
Status: repealed

24-51-602. Service retirement eligibility. (1) (a) Members, except state troopers, who have five years of service credit as of January 1, 2011, and who have met the age and service credit requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1)(a), (2), and (3):

TABLE B

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

50 30

60 20

65 5

(a.5) Notwithstanding paragraph (a) of this subsection (1), any person except a state trooper who had five years of service credit as of January 1, 2011, and who was not a member, inactive member, or retiree on June 30, 2005, but was a member, inactive member, or retiree on December 31, 2006, shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1)(a), (2), and (3) if the member has met the age and service credit requirements stated in the following table:

TABLE B.05

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 35

55 30

60 20

65 5

(a.7) Notwithstanding paragraphs (a) and (a.5) of this subsection (1), any person except a state trooper who was not a member, inactive member, or retiree on December 31, 2006, or who was a member, inactive member, or retiree on December 31, 2006, but as of January 1, 2011, did not have five years of service credit, or who is a DPS member with less than five years of service credit as of January 1, 2011, shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1)(a), (2), and (3), if the member has met the age and service credit requirements stated in the following table:

TABLE B.07

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 35

55 30

60 25

65 5

(b) State troopers who have met the age and service credit requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1) and (3):

TABLE B.1

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 30

50 25

55 20

65 5

(c) Members who were members, inactive members, or retirees on December 31, 2006, who had five years of service credit as of January 1, 2011, and who are fifty-five years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty years or more.

(d) Members who were not members, inactive members, or retirees on December 31, 2006, but who were members, inactive members, or retirees on December 31, 2010, or members who were members, inactive members, or retirees on December 31, 2006, but as of January 1, 2011, did not have five years of service credit, or DPS members with less than five years of service credit as of January 1, 2011, and who are fifty-five years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty-five years or more.

(1.5) (a) Members, except state troopers, who were not members, inactive members, or retirees on December 31, 2010, but who were members, inactive members, or retirees on December 31, 2016, and who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603:

TABLE B.2

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 35

58 30

65 5

(b) Members who are eligible for a benefit pursuant to this subsection (1.5) and who are fifty-eight years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty-eight years or more.

(1.7) (a) Members, except state troopers, who were not members, inactive members, or retirees on December 31, 2016, but who were members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table and who are not eligible for service retirement benefits pursuant to subsection (1.8) of this section shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603:

TABLE B.3

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 35

60 30

65 5

(b) Members who are eligible for a benefit pursuant to this subsection (1.7) and who are sixty years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals ninety years or more.

(1.8) (a) Members of the school division or Denver public schools division who were not members, inactive members, or retirees on December 31, 2016, but who were members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603; except that at least the most recent ten years of service credit used in meeting the requirements of the table below must be earned in the school or Denver public schools divisions in order for the member to be eligible pursuant to this subsection (1.8)(a):

TABLE B.4

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 35

58 30

65 5

(b) Members who are eligible for a benefit pursuant to this subsection (1.8) and who are fifty-eight years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty-eight years or more.

(1.9) (a) Members, except state troopers, who were not members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1), (2), and (3):

TABLE B.5

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 35

64 30

65 5

(b) Members who are eligible for a benefit pursuant to this subsection (1.9) and who are sixty-four years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals ninety-four years or more.

(c) This subsection (1.9) does not create a contractual right for any member to the age requirement specified in table B.5 to receive a full service retirement benefit.

(2) (a) State troopers who were not members, inactive members, or retirees on December 31, 2019, who have met the age and service requirements stated in the following table shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603 (1) and (3):

TABLE B.6

SERVICE RETIREMENT ELIGIBILITY

Age Requirement Service Credit Requirement

(years) (years)

Any Age 35

55 25

65 5

(b) State troopers who are eligible for a benefit pursuant to this subsection (2) and who are fifty-five years of age or older shall, upon written application and approval of the board, receive service retirement benefits pursuant to the benefit formula set forth in section 24-51-603, without reduction pursuant to section 24-51-604, if they have at least five years of service credit and if the number of years of their age plus the number of years of their service credit equals eighty years or more. This subsection (2) does not create a contractual right for any member to the age requirement specified in table B.6 to receive a full service retirement benefit.

(2.3) Members with less than five years of service credit shall be eligible for service retirement benefits pursuant to section 24-51-605.5 upon reaching sixty-five years of age if contributions were made for sixty months.

(2.5) Members with less than five years of service credit who have not made contributions for sixty months shall be eligible for money purchase retirement benefits calculated pursuant to section 24-51-605.5 (2), upon reaching sixty-five years of age.

(3) Repealed.

(4) (Deleted by amendment, L. 2009, (SB 09-282), ch. 288, p. 1345, § 30, effective January 1, 2010.)

(5) (Deleted by amendment, L. 2010, (SB 10-001), ch. 2, p. 11, § 12, effective January 1, 2011.)
C.R.S. § 24-72-710 — CO Code / Title 24 / Article 72 / Part 7 / Section 24-72-710
24-72-710. Sealing of criminal conviction records information for offenses that receive a f
Status: in_force

24-72-710. Sealing of criminal conviction records information for offenses that receive a full and unconditional pardon. (1) At any time after receiving a full and unconditional pardon, a defendant may file a motion in the case in which any conviction records exist pertaining to the defendant's conviction for any offenses that received a full and unconditional pardon.

(2) A defendant moving to have his or her criminal records sealed pursuant to this section is not required to pay a processing fee but shall provide notice of the motion to the district attorney.

(3) The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-706 (1)(g) and the additional factor of the defendant having received a full and unconditional pardon. The district attorney shall advise the court of a victim's objection and request for hearing if known. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition or the offense is a crime enumerated in section 24-4.1-302 (1) and the district attorney requests a hearing on behalf of a victim, the court shall set the matter for hearing. The court shall order the records sealed unless the court finds by clear and convincing evidence that the public interest in retaining public access to the conviction records outweighs the harm to the privacy of the defendant, the dangers of unwarranted, adverse consequences to the defendant, and the intent of the full and unconditional pardon.
C.R.S. § 24-33.5-415.6 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-415.6
24-33.5-415.6. Offender identification - fund
Status: in_force

24-33.5-415.6. Offender identification - fund. (1) There is created in the state treasury the offender identification fund, referred to in this section as the "fund". The fund consists of costs and surcharges levied pursuant to this section and payments for genetic testing received from offenders pursuant to sections 16-11-102.4 and 19-2.5-1119. Subject to annual appropriations by the general assembly, the executive director and the state court administrator are authorized to expend money in the fund to pay for genetic testing of offenders pursuant to sections 16-11-102.4 and 18-1.3-407. At the end of any fiscal year, all unexpended and unencumbered money remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(2) (Deleted by amendment, L. 2006, p. 1692, § 14, effective July 1, 2007.)

(3) (a) A cost of two dollars and fifty cents is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., for a felony, a misdemeanor, or misdemeanor traffic offense, charged pursuant to state statute. The defendant shall pay the costs to the clerk of the court. Each clerk shall transmit the moneys to the state treasurer, who shall credit the same to the fund.

(b) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall apply to the collection of costs levied pursuant to this subsection (3).

(4) A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a misdemeanor or a class 1 or class 2 misdemeanor traffic offense under state statute that results in payment of the penalty assessment without the commencement of a criminal action. All moneys collected by the department of revenue pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the fund.

(5) A cost of two dollars and fifty cents is hereby levied against each civil action resulting in an admission of liability or a judgment against the defendant for a class A or class B traffic infraction charged pursuant to state statute. The defendant shall pay the cost to the clerk of the court. Each clerk shall transmit the moneys to the state treasurer, who shall credit the same to the fund.

(6) A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a class A or class B traffic infraction under state statute that results in payment of the penalty assessment without the commencement of a civil action. All moneys collected by the department of revenue pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the fund.

(7) A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment issued pursuant to section 33-6-104 or 33-15-102, C.R.S., that results in payment of the penalty assessment without the commencement of a criminal action. All moneys collected by the division of parks and wildlife in the department of natural resources pursuant to this subsection (7) shall be transmitted to the state treasurer, who shall credit the same to the fund.

(8) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1389, § 14, effective July 1, 2011.)

(9) The court may waive a cost or surcharge levied pursuant to this section if the court determines the defendant is indigent.

(10) A surcharge of two dollars and fifty cents is levied against each civil action resulting in an admission of liability or a judgment against the defendant for a civil infraction charged pursuant to state statute. The defendant shall pay the surcharge to the clerk of the court. Each clerk shall transmit the money to the state treasurer, who shall credit the same to the fund.

(11) A surcharge of two dollars and fifty cents is levied against each penalty assessment notice issued pursuant to section 16-2.3-102 for a civil infraction pursuant to state statute that results in payment of the penalty assessment without the commencement of a civil action. All money collected by the clerk of the court pursuant to this subsection (11) shall be transmitted to the state treasurer, who shall credit the same to the fund.
C.R.S. § 24-21-403 — CO Code / Title 24 / Article 21 / Part 4 / Section 24-21-403
24-21-403. Core goals - powers and duties - rules
Status: in_force

24-21-403. Core goals - powers and duties - rules. (1) The general assembly hereby declares that the core goals in developing and modernizing electronic filing systems are to:

(a) Assure the security, accuracy, and preservation of public records required to be maintained by a clerk and recorder;

(b) Maintain the privacy of personal identifying information, online public access to which is not necessary to the proper functioning of land title records or other public records required to be maintained by a clerk and recorder;

(c) Assure that the sequence in which documents are received by a clerk and recorder for recording or filing is accurately reflected, to the greatest extent practicable, in the records of the clerk and recorder, regardless of whether documents are received electronically or by other means;

(d) Provide for online public access to public records maintained by a clerk and recorder; and

(e) Assure that electronic filing systems used in different counties are similar so as to facilitate the submission and searching of electronic records.

(2) [Editor's note: This version of subsection (2) is effective until July 1, 2025.] In order to accomplish its business purpose, the board may impose an electronic filing surcharge of up to two dollars that is uniformly collected on all documents received by a county clerk and recorder for recording or filing on or after January 1, 2017, through April 30, 2026.

(2) [Editor's note: This version of subsection (2) is effective July 1, 2025.] In order to accomplish its business purpose, the board may impose an electronic filing surcharge of up to two dollars that is uniformly collected on all documents received by a county clerk and recorder for recording or filing on or after January 1, 2017, through April 30, 2029.

(3) The board shall:

(a) Develop a strategic plan that incorporates the core goals;

(b) Determine functionality standards for an electronic filing system that support the core goals;

(c) Issue a request for proposal for electronic filing system equipment and software that the counties may choose to acquire;

(d) Develop best practices for an electronic filing system;

(e) Provide training to clerk and recorders related to electronic filing systems;

(f) Award grants in accordance with section 24-21-404; and

(g) Prepare reports in accordance with section 24-21-406.

(4) The board may:

(a) Issue bonds in accordance with section 24-21-405; and

(b) Promulgate any rules necessary to administer the provisions of this part 4.
C.R.S. § 24-10-102 — CO Code / Title 24 / Article 10 / Section 24-10-102
24-10-102. Declaration of policy
Status: in_force

24-10-102. Declaration of policy. It is recognized by the general assembly that the doctrine of sovereign immunity, whereunder the state and its political subdivisions are often immune from suit for injury suffered by private persons, is, in some instances, an inequitable doctrine. The general assembly also recognizes that the supreme court has abrogated the doctrine of sovereign immunity effective July 1, 1972, and that thereafter the doctrine shall be recognized only to such extent as may be provided by statute. The general assembly also recognizes that the state and its political subdivisions provide essential public services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential public services and functions. The general assembly further recognizes that the taxpayers would ultimately bear the fiscal burdens of unlimited liability and that limitations on the liability of public entities and public employees are necessary in order to protect the taxpayers against excessive fiscal burdens. It is also recognized that public employees, whether elected or appointed, should be provided with protection from unlimited liability so that such public employees are not discouraged from providing the services or functions required by the citizens or from exercising the powers authorized or required by law. It is further recognized that the state, its political subdivisions, and the public employees of such public entities, by virtue of the services and functions provided, the powers exercised, and the consequences of unlimited liability to the governmental process, should be liable for their actions and those of their agents only to such an extent and subject to such conditions as are provided by this article. The general assembly also recognizes the desirability of including within one article all the circumstances under which the state, any of its political subdivisions, or the public employees of such public entities may be liable in actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant and that the distinction for liability purposes between governmental and proprietary functions should be abolished.
C.R.S. § 24-33.5-803 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-803
24-33.5-803. Compensation for injury limited
Status: in_force

24-33.5-803. Compensation for injury limited. Except as provided in this part 8, a civil defense worker and such civil defense worker's dependents have no right to receive compensation from the state, from the office of emergency management, from the local organization for civil defense with which such civil defense worker is registered, or from the county or city which has empowered the local organization for civil defense to register such civil defense worker and direct such civil defense worker's activities for an injury arising out of and occurring in the course of such civil defense worker's activities as a civil defense worker.
C.R.S. § 24-33.5-804 — CO Code / Title 24 / Article 33.5 / Part 8 / Section 24-33.5-804
24-33.5-804. Compensation provided is exclusive
Status: in_force

24-33.5-804. Compensation provided is exclusive. Compensation provided by this part 8, as limited by this part 8, is the exclusive remedy of a civil defense worker or such civil defense worker's dependents for injury or death arising out of and in the course of such civil defense worker's activities as a civil defense worker as against the state, the office of emergency management, the local organization for civil defense with which such civil defense worker is registered, and the county or city that has empowered the local organization for civil defense to register such civil defense worker and direct such civil defense worker's activities. Liability for the compensation provided by this part 8, as limited by this part 8, is in lieu of any other liability whatsoever to a civil defense worker or such civil defense worker's dependents or any other person on the part of the state, the office of emergency management, the local organization for civil defense with which the civil defense worker is registered, and the county or city that has empowered the local organization for civil defense to register such civil defense worker and direct such civil defense worker's activities for injury or death arising out of and in the course of such civil defense worker's activities as a civil defense worker.
C.R.S. § 24-33.5-1214 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1214
24-33.5-1214. Cigarettes - reduced ignition propensity standards - repeal
Status: repealed

24-33.5-1214. Cigarettes - reduced ignition propensity standards - repeal. (1) Short title. This section shall be known and may be cited as the "Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act".

(2) Testing - performance standard. (a) (I) Except as otherwise provided in paragraph (g) of this subsection (2), no cigarettes shall be sold or offered for sale in this state, or offered for sale or sold to persons located in this state, after July 31, 2009, unless:

(A) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this subsection (2);

(B) A written certification has been filed by the manufacturer with the director in accordance with subsection (3) of this section; and

(C) The cigarettes have been marked in accordance with subsection (4) of this section.

(II) The following conditions shall apply to testing and certification:

(A) Testing of cigarettes shall be conducted in accordance with ASTM international standard E2187-04, "standard test method for measuring the ignition strength of cigarettes".

(B) Testing shall be conducted on ten layers of filter paper.

(C) No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this subsection (2) shall exhibit full-length burns. Forty replicate tests shall constitute a complete test trial for each cigarette tested.

(D) The performance standard required by this subsection (2) shall be applied only to a complete test trial.

(E) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the international organization for standardization or another comparable accreditation standard specified by the division.

(F) A laboratory conducting testing in accordance with this subsection (2) shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results and limit the repeatability value to no greater than nineteen percent.

(G) This subsection (2) shall not require additional testing of cigarettes that have been tested for other purposes in a manner consistent with this section.

(H) Testing performed or sponsored by the division in order to determine a cigarette's compliance with the performance standard required by this subsection (2) shall be conducted in accordance with this subsection (2).

(b) Each cigarette listed in a certification submitted pursuant to subsection (3) of this section that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this subsection (2) shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.

(c) A manufacturer of a cigarette that the division determines cannot be tested in accordance with the test method prescribed in paragraph (a) of this subsection (2) shall propose a test method and performance standard for the cigarette to the division. Upon approval of the proposed test method and a determination by the division that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subparagraph (II) of paragraph (a) of this subsection (2), the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to this subsection (2). If the division determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are substantially similar to those contained in this subsection (2), and the division finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of such state's laws or rules under a legal provision comparable to this subsection (2), then the division shall authorize the manufacturer to employ the alternative test method and performance standard to certify such cigarette for sale in Colorado unless the division demonstrates a reasonable basis why the alternative test should not be accepted. All other applicable requirements of this subsection (2) shall apply to the manufacturer.

(d) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the division and the attorney general upon written request. Any manufacturer who fails to make copies of such reports available within sixty days after receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make such copies available.

(e) The division may adopt a subsequent ASTM international standard test method for measuring the ignition strength of cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM international standard E2187-04 and the performance standard in subparagraph (II) of paragraph (a) of this subsection (2).

(f) On or before June 30, 2012, and on or before June 30 of every third year thereafter, the division shall review the effectiveness of this subsection (2) and report to the general assembly the division's findings and, if appropriate, recommendations for legislation to improve the effectiveness of this section.

(g) The requirements of paragraph (a) of this subsection (2) shall not be construed to prohibit:

(I) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 31, 2009, if a wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes before said date and that the inventory was purchased before said date in comparable quantity to the inventory purchased during the same period of the immediately preceding year; or

(II) The sale of cigarettes solely for the purpose of consumer testing. As used in this subparagraph (II), "consumer testing" means an assessment of cigarettes that is conducted by, or under the control and direction of, a manufacturer for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.

(h) The division shall implement this section in accordance with the implementation in New York of the New York fire safety standards for cigarettes.

(3) Certification. (a) Each manufacturer shall submit to the director a written certification attesting that each cigarette listed in the certification:

(I) Has been tested in accordance with subsection (2) of this section; and

(II) Meets the performance standard set forth in subsection (2) of this section.

(b) Each cigarette listed in the certification submitted pursuant to paragraph (a) of this subsection (3) shall be described with the following information:

(I) Brand or trade name on the package;

(II) Style, such as light or ultra light;

(III) Length in millimeters;

(IV) Circumference in millimeters;

(V) Flavor, such as menthol or chocolate if applicable;

(VI) Filter or nonfilter;

(VII) Package description, such as soft pack or box;

(VIII) Marking pursuant to subsection (4) of this section;

(IX) The name, address, and telephone number of the laboratory that conducted the tests, if different from that of the manufacturer; and

(X) The date that the testing occurred.

(c) Certifications under this subsection (3) shall be made available to the attorney general for purposes consistent with this section and to the department of revenue for the purpose of ensuring compliance with this subsection (3).

(d) Each cigarette certified under this subsection (3) shall be subject to recertification every three years.

(e) At the time it submits a written certification under this subsection (3), a manufacturer shall pay to the department of public safety a fee of one thousand dollars for each brand family of cigarettes listed in the certification. The fee paid shall apply to all cigarettes within the brand family certified and shall include any new cigarette certified within the brand family during the three-year certification period.

(f) There is hereby established, in the state treasury, the reduced cigarette ignition propensity standards and firefighter protection act enforcement fund, also referred to in this section as the "fund". The fund shall consist of all certification fees and civil penalties collected pursuant to this section and shall, in addition to any other moneys made available for such purpose, be available to the division to support processing, testing, enforcement, and oversight activities under this section. Any moneys in the fund in excess of the amounts needed for such purposes may be used by the division, subject to annual appropriation, for fire safety and prevention programs, including without limitation firefighter training and certification.

(g) If a manufacturer has certified a cigarette pursuant to this subsection (3), and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standard required by this section, such cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in subsection (2) of this section and maintains records of the retesting as required by said subsection (2). Any altered cigarette that does not meet the performance standard set forth in said subsection (2) may not be sold in this state.

(4) Labeling. (a) Effective July 31, 2009, cigarettes that are certified by a manufacturer in accordance with subsection (3) of this section shall be marked to indicate compliance with the requirements of this section. Such marking shall be in eight-point type or larger and shall consist of one or more of the following:

(I) Modification of the package's UPC symbol to include a visible mark printed at or around the area of the UPC symbol. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC symbol.

(II) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed on the cigarette package or cellophane wrap; or

(III) Stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards of this section.

(b) A manufacturer shall use only one marking and shall apply the marking uniformly to all brands and packages, including but not limited to packs, cartons, and cases, marketed by the manufacturer.

(c) The manufacturer shall notify the division as to the marking selected by the manufacturer.

(d) Prior to the certification of any cigarette, the manufacturer shall present its proposed marking to the division, which shall have discretion to approve or disapprove the marking; except that:

(I) The division shall approve:

(A) Any marking in use and approved for sale in New York pursuant to the New York fire safety standards for cigarettes; or

(B) The letters "FSC", signifying "fire standards compliant", appearing in eight-point type or larger and permanently stamped, engraved, embossed, or printed on the package at or near the UPC symbol; and

(II) Proposed markings shall be deemed approved if the division fails to act within ten business days after receiving a request for approval.

(e) A manufacturer shall not modify its approved marking unless the modification has been approved by the division in accordance with this subsection (4).

(f) Manufacturers certifying cigarettes in accordance with subsection (3) of this section shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this subsection (4) for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide copies of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the director, the department of revenue, the attorney general, and employees thereof to inspect markings of cigarette packaging marked in accordance with this subsection (4).

(5) Penalties - forfeiture. Effective July 31, 2009:

(a) A manufacturer, wholesale dealer, agent, or other person or entity who knowingly sells or offers to sell cigarettes, other than at retail, in violation of subsection (2) of this section shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale; except that the penalty against any such person or entity shall not exceed one hundred thousand dollars during any thirty-day period.

(b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of subsection (2) of this section shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale; except that the penalty against any such retail dealer shall not exceed twenty-five thousand dollars for sales or offers to sell during any thirty-day period.

(c) In addition to any other penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to subsection (3) of this section shall be subject to a civil penalty of at least seventy-five thousand dollars, not to exceed two hundred fifty thousand dollars for each such false certification.

(d) A person who violates any provision of this section for which a penalty is not specifically provided shall be subject to a civil penalty of up to one thousand dollars for a first violation and up to five thousand dollars for a second or subsequent violation.

(e) Cigarettes that have been sold or offered for sale and that do not comply with the performance standard required by subsection (2) of this section shall be subject to forfeiture as provided in the "Colorado Contraband Forfeiture Act", part 5 of article 13 of title 16, C.R.S. Cigarettes forfeited pursuant to this paragraph (e) shall be destroyed; except that, before such destruction, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes if desired.

(f) In addition to any other remedy provided by law, the director or the attorney general may file an action in district court for a violation of this section, including petitioning for injunctive relief or to recover any costs or damages suffered by the state and enforcement costs, including attorney fees, relating to the specific violation. Each violation of this section or of rules adopted under this section constitutes a separate civil violation for which the director or attorney general may obtain relief under this paragraph (f).

(g) Whenever a law enforcement officer or duly authorized agent of the director discovers cigarettes that have not been marked as required by subsection (4) of this section, such officer or agent is hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the department of revenue and shall be forfeited to the state. Cigarettes seized pursuant to this paragraph (g) shall be destroyed; except that, before such destruction, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes if desired.

(6) Rules. (a) The director may promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title, as necessary to administer this section.

(b) The department of revenue, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers as authorized by law, may inspect cigarettes to determine whether the cigarettes are marked as required by subsection (4) of this section. If the cigarettes are not marked as required, the department of revenue shall notify the division.

(7) Enforcement. To enforce this section, the attorney general, the department of revenue, the division, all duly authorized employees and agents thereof, and all law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as any cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale is hereby directed and required to give the attorney general, the department of revenue, the division, all duly authorized employees and agents thereof, and all law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this subsection (7).

(8) Exceptions. Nothing in this section shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of subsection (2) of this section if:

(a) The cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States; and

(b) The person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in Colorado.

(9) Repeal. (a) The general assembly intends that this section shall cease to be effective upon the effective date of a federal reduced cigarette ignition propensity standard that preempts this section. The division, upon receiving notice of the effectiveness of such federal standard, shall forward such notice to the revisor of statutes.

(b) This section is repealed, effective 12:01 a.m. the day after the revisor of statutes receives notice from the division as described in paragraph (a) of this subsection (9).

(c) Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or rule conflicting with, or preempted by, any provision of this section or with any policy of this state expressed by this section.
C.R.S. § 24-14-102 — CO Code / Title 24 / Article 14 / Section 24-14-102
24-14-102. Authorize purchase of liability insurance and crime insurance in lieu of a publi
Status: in_force

24-14-102. Authorize purchase of liability insurance and crime insurance in lieu of a public official personal surety bond - definitions. (1) The head of a department of the state of Colorado, with the approval of the governor or, in the case of the county or city and county, the chief executive officer or board of county commissioners, subject to appropriations being available therefor, is hereby authorized to procure insurance, through the department of personnel as provided in the "Procurement Code", articles 101 to 112 of this title 24, for the purpose of insuring its officers, employees, and agents against any liability, other than a liability that may be insured against under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, for injuries or damages resulting from their negligence or other tortious conduct during the course of their service or employment. Counties or cities and counties are authorized to insure their officers, employees, and agents against similar liabilities.

(2) (a) Whenever a person is required by law to provide or purchase a personal surety bond as a condition of serving in a public elected, appointed, or employed position, the public entity for which the person will serve may, in lieu of the required bond, purchase crime insurance to protect the public entity from any dishonesty, theft, or fraud by the person. However, this section does not apply to the bond required of the state treasurer pursuant to section 24-22-101.

(b) If a public entity purchases crime insurance in lieu of a personal surety bond pursuant to this subsection (2), the public official or employee is relieved of all statutory requirements related to the personal surety bond, including requirements as to the type, provider, form, amount, or filing of the personal surety bond. The public entity is likewise relieved of any statutory requirements related to the personal surety bond of the public official or employee.

(c) Crime insurance purchased pursuant to this subsection (2) must be purchased from an insurance provider licensed in the state of Colorado. The public entity shall pay the premiums for the insurance.

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

(I) "Crime insurance" means a form of insurance to protect public assets from loss due to dishonesty, theft, or fraud by a public official.

(II) "Personal surety bond" means a bond, surety, surety bond, surety company bond, corporate surety bond, corporate fidelity bond, individual bond, schedule bond, blanket bond, or official bond.

(III) "Public entity" means the state of Colorado, principal departments listed in section 24-1-110, public colleges and universities, state or local commissions, state or local authorities, counties, cities, cities and counties, towns, municipalities, districts, special districts, boards, and school districts.
C.R.S. § 24-32-3315 — CO Code / Title 24 / Article 32 / Part 33 / Section 24-32-3315
24-32-3315. Installers of manufactured homes and tiny homes - registration - fees - educatio
Status: in_force

24-32-3315. Installers of manufactured homes and tiny homes - registration - fees - educational requirements - rules. (1) (a) Any installer in this state must first register with the division. A registered installer is responsible for supervising all employees and for the proper and competent performance of all employees working under their supervision.

(b) Persons who are not required to register as an installer with the division include:

(I) A person employed by a registered or certified installer, as well as a person employed by a legal or commercial entity employing a registered or certified installer when performing installation functions under the direct on-site supervision of the registered or certified installer.

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

(c) (I) A homeowner is not required to register as an installer with the division if the homeowner installs the homeowner's own manufactured home that is a one- or two-family dwelling intended for the homeowner's own personal use or a tiny home intended for the homeowner's own personal use, but the homeowner must comply with all provisions of this part 33 other than registration provisions. A homeowner is limited to one installation in any twelve-month period and no more than five during the homeowner's lifetime.

(II) A homeowner installing the homeowner's own manufactured home or tiny home shall do the installation work. If the homeowner has another person perform installation work, that person must be a registered or certified installer.

(2) Each registered installer must file with the division a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in an amount and process established by the board through rule-making for the performance of an installation pursuant to the manufacturer's instructions or standards promulgated by the division. The letter of credit, certificate of deposit, or surety bond must be filed with the division at the same time the initial application for registration is filed.

(3) A person applying for registration or certification as an installer, whether an initial or renewal application, must submit the application on a form provided by the division and verified by a declaration dated and signed by the applicant under penalty of perjury. The application must contain, in addition to any other information the division may reasonably require, the name, address, e-mail address, and telephone number of the applicant. The division shall make the application and declaration available for public inspection.

(4) In order to be registered initially as an installer, an applicant must:

(a) Be at least eighteen years of age;

(b) Furnish written evidence of twelve months of installation experience under direct supervision of a registered or certified installer or equivalent training or experience as determined by the division;

(b.5) Furnish written evidence of completion of eight hours of division-approved installation education;

(b.7) Pass a division-approved installation test; and

(c) Carry and provide proof of liability insurance in an amount and process established by the board through rulemaking.

(5) A registration issued pursuant to this section is valid for one year from the date of issuance and cannot be transferred or assigned to another person. The amount of the registration fee must be no more than two hundred fifty dollars. If any of the application information for the registered installer changes after the issuance of a registration, the registered installer must notify the division in writing within thirty days from the date of the change. The division may suspend, revoke, or deny renewal of a registration if the registered installer fails to notify the division of any change in the application.

(6) Any registered installer seeking to renew registration must, at the time of applying for renewal, provide proof of liability insurance, proof of completion of division-approved installation education as established by the board through rule-making, and a letter of credit, certificate of deposit, or surety bond for the registration term in compliance with subsections (2) and (4) of this section.

(7) (a) Any registered installer who has performed five installations that have passed inspection by the division may apply to the division for certification. The division will issue certification to qualified registered installers. The division cannot charge a fee for certification of installers.

(b) (Deleted by amendment, L. 2021.)
C.R.S. § 24-33.5-1204.5 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1204.5
24-33.5-1204.5. Powers and duties of administrator - rules
Status: in_force

24-33.5-1204.5. Powers and duties of administrator - rules. (1) In addition to any other duties and powers granted by this section or sections 24-33.5-1206.2 and 24-33.5-1206.4, the administrator has the following duties and powers:

(a) To establish a program for registration of fire suppression contractors and to adopt such rules and regulations as may be necessary to administer the fire suppression program for the registration of fire suppression contractors and the inspection and maintenance of fire suppression systems pursuant to article 4 of this title;

(b) To establish fees and charges in amounts necessary to defray the anticipated costs of administration of this article. The fees and charges may be adjusted by the administrator from time to time as necessary or appropriate.

(c) In the discretion of the administrator, to receive, investigate, and act upon complaints against those persons who violate any of the provisions of section 24-33.5-1206.6 or any rule or regulation adopted by the administrator pursuant to this section;

(d) (I) To maintain records of all applications, complaints, investigations, disciplinary or other actions, and registrants.

(II) The administrator shall keep records of all fire suppression system working plans and hydraulic calculations, searchable by both the applicable fire suppression contractor and the signing professional engineer or engineering technician, for projects that the administrator or any certified local fire suppression inspector, as applicable, identifies as containing significant or repeated design or installation deficiencies pursuant to section 24-33.5-1206.2 (2)(b).

(e) To conduct hearings upon charges for discipline of a fire suppression contractor or a certified fire suppression systems inspector, issue subpoenas, compel attendance of witnesses, compel the production of books, records, papers, and documents, administer oaths to persons giving testimony at hearings, and recommend prosecution of persons violating this article;

(f) To establish and adopt such rules as may be necessary to administer the public school construction and inspection program for the inspection of public school and local district college buildings and a program for certification of public school and local district college building inspectors;

(f.5) To establish and adopt rules necessary to administer the health facility construction and inspection program for:

(I) Where there is no local building department or fire department, the inspection of health facility buildings and structures and performance of plan reviews; and

(II) The development of a program for certification of health facility life safety inspectors;

(g) To conduct hearings upon charges for discipline of a school building inspector, health facility life safety code inspector, or third-party inspector; issue subpoenas; compel attendance of witnesses; compel the production of books, records, papers, and documents; administer oaths to persons giving testimony at hearings; and recommend prosecution of persons violating this part 12.

(2) (a) The administrator shall implement a tracking system, separate from the individual records of fire suppression contractors and inspectors, regarding the disposition of complaints.

(b) The administrator shall provide an online complaint form and internet access to the tracking system implemented pursuant to paragraph (a) of this subsection (2).
C.R.S. § 24-46-303 — CO Code / Title 24 / Article 46 / Part 3 / Section 24-46-303
24-46-303. Definitions
Status: in_force

24-46-303. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Base year revenue" means the state sales tax revenue collected during the twelve-month period immediately prior to the month in which a regional tourism project is authorized, as determined by the department of revenue.

(1.5) "Baseline growth rate" means the forecasted growth in state sales tax revenue above the base year revenue that would be collected in a proposed regional tourism zone if the proposed regional tourism project did not occur, as determined pursuant to section 24-46-304 (1.5).

(2) "Commission" means the Colorado economic development commission created in section 24-46-102.

(3) "Director" means the director of the Colorado office of economic development created in section 24-48.5-101.

(4) "Eligible costs" means the costs of designing, constructing, financing, and maintaining eligible improvements designated by the commission as part of an approved regional tourism project, including but not limited to costs of engineering, construction engineering, surveying, construction surveying, construction labor and materials, design, planning, legal services, accounting, overhead or administrative staffing, financing, bond issuance or reissuance, underwriting, interest payments, loan origination fees, and similar necessary and convenient costs incurred by the financing entity in exercising its powers pursuant to this part 3. Moneys advanced by private developers within the regional tourism project to the financing entity for eligible improvements, whether pursuant to loans or contractual funding and reimbursement agreements, together with reasonable interest thereon, shall be eligible costs. In addition, the financing entity's costs for purchasing eligible improvements constructed and owned by third parties either prior to or subsequent to designation of the regional tourism project shall be eligible costs. Costs and expenses incurred by the financing entity pursuant to section 24-35-118 and in complying with its annual report and audit obligations under this part 3 shall be eligible costs.

(5) "Eligible improvements" means the specific improvements authorized by the commission as part of an approved regional tourism project, whether publicly or privately owned, including but not limited to storm sewer and sanitary sewer collection, conveyance, distribution, treatment, and related facilities and real property interests necessary or convenient thereto; potable and nonpotable water supplies and collection, conveyance, distribution, treatment, and related facilities and real property interests related thereto; roads; streets; state highways; rights-of-way; lighting; traffic signals and signs; direction and location signage and similar signage; land acquisition; surveying, engineering, soils testing, site planning, grading, and similar activities necessary or convenient for site preparation and development; park and recreational facilities; trails and paths; public safety facilities; landscaping; tourism and entertainment facilities; transportation facilities; surface and structured parking facilities; and any other facilities or improvements necessary to or convenient for the completion of an approved project.

(6) "Financing entity" means the entity designated by the commission in connection with its approval of a regional tourism project to receive and utilize state sales tax increment revenue. A financing entity may be a county revitalization authority created pursuant to article 31 of title 30, a metropolitan district created pursuant to title 32, an urban renewal authority created pursuant to part 1 of article 25 of title 31, or any regional tourism authority to be formed pursuant to this part 3.

(7) "Financing term" means the aggregate period authorized by the commission pursuant to this part 3 within which the financing entity is authorized to receive and utilize state sales tax increment revenue to finance eligible costs.

(7.5) "Gambling-related activities" means any betting, wagering, or payments made on or in connection with one or more games that qualify as gambling as defined in section 18-10-102 (2), or limited gaming as defined in section 9 of article XVIII of the state constitution and section 44-30-103 (22).

(8) "Local government" means a city, county, city and county, or town or a group of contiguous cities, counties, city and counties, or towns.

(9) "Regional tourism authority" or "authority" means a corporate body organized pursuant to this part 3 for the purposes, with the powers, and subject to the restrictions set forth in this part 3 and the formation of which has been approved by the commission pursuant to this part 3.

(10) "Regional tourism project" or "project" means a development project that is planned to include a tourism or entertainment facility together with ancillary uses, structures, and improvements, and that has been approved by the commission pursuant to this part 3.

(11) "Regional tourism zone" means the geographic area defined by the commission as part of an approved regional tourism project. A regional tourism zone shall not extend into the territorial boundaries of any local government except for the local government that is requesting the designation of the regional tourism zone. A regional tourism zone may be limited to portions of a local government and may include noncontiguous tracts or parcels of property.

(12) "State sales tax increment revenue" means the portion of the revenue derived from state sales taxes, including any revenue attributable to the baseline growth rate, collected within a designated regional tourism zone in excess of the amount of base year revenue. "State sales tax increment revenue" does not include any additional revenue derived from state sales taxes that are due to the changes set forth in section 39-26-105 (1)(d), enacted in 2019, to the amount retained by a vendor to cover the vendor's expenses in collecting and remitting sales tax.

(13) "Tourism or entertainment facility" means a facility or group of interrelated facilities constructed primarily for use as a tourism or entertainment venue that is reasonably anticipated to draw a significant number of regional, national, or international patrons. A tourism or entertainment facility may include but need not be limited to museums, stadiums, arenas, major sports facilities, performing arts theaters, theme or amusement parks, conference center or resort hotels, or other similar venues. "Tourism or entertainment facility" shall not include any facility or group of interrelated facilities that directly or indirectly offer, make available, or facilitate in any manner one or more gambling-related activities.
C.R.S. § 24-4-104.6 — CO Code / Title 24 / Article 4 / Part 1 / Section 24-4-104.6
24-4-104.6. Analysis of noncompliance with department rules - definition - legislative decla
Status: in_force

24-4-104.6. Analysis of noncompliance with department rules - definition - legislative declaration. (1) (a) The general assembly hereby finds and declares that this section codifies existing practice, that each agency already knows about and tracks the rule issues described in subsection (2)(a) of this section, and that much of this work is currently completed in the normal course of an agency's business.

(b) The general assembly further finds and declares that it is not the general assembly's intent for an agency to increase its existing rule compliance monitoring.

(2) (a) Each agency shall conduct, within existing resources, an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and those factors that contribute to noncompliance with rules by regulated businesses. The analysis will guide each department on how to improve its education and outreach to regulated businesses on compliance with the department's rules. The agency shall consider and review:

(I) Whether the rule is unclear and should be rewritten;

(II) Whether more education or training of the regulated businesses would be likely to achieve better compliance with the rule; and

(III) The enforcement level and any appropriate fines for noncompliance with the department's rules.

(b) Any principal department that conducts an analysis of noncompliance with rules adopted by agencies within its department pursuant to subsection (2)(a) of this section shall forward that analysis to the department of regulatory agencies, which shall compile and summarize those analyses into one combined analysis of noncompliance with rules. The department of regulatory agencies shall include the compiled analysis in its departmental presentation to its oversight legislative committee of reference made pursuant to section 2-7-203 of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".
C.R.S. § 24-30-1505 — CO Code / Title 24 / Article 30 / Part 15 / Section 24-30-1505
24-30-1505. Powers of the executive director
Status: repealed

24-30-1505. Powers of the executive director. (1) In order to perform the powers and duties set forth in this part 15, the executive director shall exercise the following powers:

(a) Supervise the development and administration of the following risk management programs:

(I) A comprehensive risk management program;

(II) A program identifying property and liability losses, insurance costs, and administrative costs of risk management incurred by each state agency;

(III) A program to reduce property and liability losses incurred by each state agency;

(IV) A program of inspection of state property;

(V) The pilot program described in section 24-30-1504 (1)(l) and the statewide database and uniform tracking system described in section 24-30-1504 (1)(m) for the purpose of tracking employment claims brought against state agencies and the losses incurred as a result of such claims, except as excluded pursuant to sections 24-30-1502 (5)(b) and 24-30-1517 (2). In developing and administering such programs, the executive director may:

(A) Adopt rules that define relevant terms including, but not limited to, "claims" and "losses"; and

(B) Require state agencies, including institutions of higher education, to submit such information as is necessary to implement the programs.

(b) Manage the investigation and adjustment of claims brought against the state;

(c) Manage the legal defense of claims brought against the state;

(d) Supervise any parties who have contracted with the state to provide claims investigation, claims adjustment, support services, or legal services pursuant to this part 15;

(e) Identify and evaluate the exposure of state agencies to claims for property and liability losses;

(f) Repealed.

(g) Assist state agencies to develop and use proper insurance and indemnity clauses in state contracts;

(h) Manage the investigation and adjustment of claims for loss or damage to state property;

(i) Investigate and direct or deny payment of liability claims arising prior to September 15, 1985, for which no commercial liability insurance exists;

(j) Manage the workers' compensation self-insurance program for state employees or the procurement of commercial workers' compensation insurance therefor.

(2) The executive director shall determine the need, if any, for procuring commercial insurance to protect the state against liability and the specifications for such insurance. The acquisition of any insurance shall be pursuant to the state "Procurement Code", articles 101 to 112 of this title 24. In the event that no responsible responses to an invitation for bids are received, the executive director may negotiate with any agent, broker, or insurance company to secure the required coverage or necessary coverage. Such negotiated policy or policies shall be subject to the approval of the board.
C.R.S. § 24-33-203 — CO Code / Title 24 / Article 33 / Part 2 / Section 24-33-203
24-33-203. State forester - authority to permit controlled burns during drought conditions
Status: repealed

24-33-203. State forester - authority to permit controlled burns during drought conditions - civil. (Repealed)
C.R.S. § 24-72-203 — CO Code / Title 24 / Article 72 / Part 2 / Section 24-72-203
24-72-203. Public records open to inspection
Status: in_force

24-72-203. Public records open to inspection. (1) (a) All public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise provided by law, but the official custodian of any public records may make such rules with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian's office. Except as otherwise required by section 24-72-204 (3.5)(g), and except when a record requested is confidential and accessible only on the basis that the requester is the person in interest, a custodian of public records shall not require a requester to provide the custodian with any form of identification to request or inspect records pursuant to this part 2.

(b) Where public records are kept only in miniaturized or digital form, whether on magnetic or optical disks, tapes, microfilm, microfiche, or otherwise, the official custodian shall:

(I) Adopt a policy regarding the retention, archiving, and destruction of such records; and

(II) Take such measures as are necessary to assist the public in locating any specific public records sought and to ensure public access to the public records without unreasonable delay or unreasonable cost. Such measures may include, without limitation, the availability of viewing stations for public records kept on microfiche; the provision of portable disk copies of computer files; or direct electronic access via online bulletin boards or other means.

(2) (a) If the public records requested are not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact, in writing if requested by the applicant. In such notification, the person shall state in detail to the best of the person's knowledge and belief the reason for the absence of the records from the person's custody or control, the location of the records, and what person then has custody or control of the records.

(b) If an official custodian has custody of correspondence sent by or received by an elected official, the official custodian shall consult with the elected official prior to allowing inspection of the correspondence for the purpose of determining whether the correspondence is a public record.

(3) (a) If the public records requested are in the custody and control of the person to whom application is made but are in active use, in storage, or otherwise not readily available at the time an applicant asks to examine them, the custodian shall forthwith notify the applicant of this fact, in writing if requested by the applicant. If requested by the applicant, the custodian shall set a date and hour at which time the records will be available for inspection.

(b) The date and hour set for the inspection of records not readily available at the time of the request shall be within a reasonable time after the request. As used in this subsection (3), a "reasonable time" shall be presumed to be three working days or less. Such period may be extended if extenuating circumstances exist. However, such period of extension shall not exceed seven working days. A finding that extenuating circumstances exist shall be made in writing by the custodian and shall be provided to the person making the request within the three-day period. Extenuating circumstances shall apply only when:

(I) A broadly stated request is made that encompasses all or substantially all of a large category of records and the request is without sufficient specificity to allow the custodian reasonably to prepare or gather the records within the three-day period; or

(II) A broadly stated request is made that encompasses all or substantially all of a large category of records and the agency is unable to prepare or gather the records within the three-day period because:

(A) The agency needs to devote all or substantially all of its resources to meeting an impending deadline or period of peak demand that is either unique or not predicted to recur more frequently than once a month; or

(B) In the case of the general assembly or its staff or service agencies, the general assembly is in session; or

(III) A request involves such a large volume of records that the custodian cannot reasonably prepare or gather the records within the three-day period without substantially interfering with the custodian's obligation to perform his or her other public service responsibilities.

(c) In no event can extenuating circumstances apply to a request that relates to a single, specifically identified document.

(d) Notwithstanding any other provision of this section, if the public records requested are election-related and are in the custody and control of a county clerk and recorder but are in active use, in storage, or otherwise not readily available at the time a requester asks to examine them, and the request is made during an election for which the county clerk and recorder is the designated election official, the county clerk and recorder may, at the county clerk and recorder's discretion, take additional time to fulfill the request as specified in this subsection (3)(d); except that the provisions of this subsection (3)(d) do not apply if the requester of the public records is a mass medium organization as defined in section 13-90-119 (1)(a), or a newsperson, as defined in section 13-90-119 (1)(c). The county clerk and recorder may take additional time to fulfill the request as follows:

(I) During the period beginning on the sixtieth day before election day and concluding with the date by which the county clerk and recorder certifies the final official abstract of votes cast for the applicable election, the county clerk and recorder may extend the period for production of records up to an additional ten working days past the seven-day extension allowed under subsection (3)(b) of this section;

(II) The county clerk and recorder shall provide written notice of the extension to the requester within three working days from the date of the request;

(III) The county clerk and recorder may not extend the period for production of any record that:

(A) Is a list of voters, a list of voters who have returned their ballots, or a list of voters who have ballots that need to be cured; or

(B) Is necessary for an interested party, as defined in section 1-10.5-106 (1), to determine whether or not to request a recount under section 1-10.5-106, or to facilitate the conduct of a recount; and

(IV) A requester whose public records request is subject to the extension pursuant to subsection (3)(d)(I) of this section may apply to the district court under the procedures set forth in section 1-1-113 for an order directing the county clerk and recorder to produce the requested records or show cause why the additional extension period applies.

(3.5) (a) Except as otherwise required by subsection (3.5)(b) of this section:

(I) If a public record is stored in a digital format that is neither searchable nor sortable, the custodian shall provide a copy of the public record in a digital format.

(II) If a public record is stored in a digital format that is searchable, the custodian shall provide a digital copy of the public record in a searchable format unless otherwise requested by the requester.

(III) If a public record is stored in a digital format that is sortable, the custodian shall provide a copy of the public record in a sortable format.

(IV) If a public record is available in a digital format, the custodian shall transmit a digital copy of the public record in a digital format by electronic mail or by another mutually agreed upon transmission method if the size of the record prevents transmission by electronic communication.

(V) Except as otherwise required by subsection (3.5)(b) of this section, a custodian shall not convert a digital public record into a non-searchable format before transmission.

(b) A custodian is not required to produce a digital public record in a searchable or sortable format in accordance with subsection (3.5)(a) of this section if:

(I) Producing the record in the requested format would violate the terms of any copyright or licensing agreement between the custodian and a third party or result in the release of a third party's proprietary information; or

(II) After making reasonable inquiries, it is not technologically or practically feasible to permanently remove information that the custodian is required or allowed to withhold within the requested format, it is not technologically or practically feasible to provide a copy of the record in a digital searchable or sortable format, or if the custodian would be required to purchase software or create additional programming or functionality in its existing software to remove the information.

(c) If a custodian is not able to comply with a request to produce a public record that is subject to disclosure in a requested format specified in subsection (3.5)(a) of this section, the custodian shall produce the record in an alternate format or issue a denial under section 24-72-204 and shall provide a written declaration attesting to the reasons the custodian is not able to produce the record in the requested format. If a court subsequently rules the custodian should have provided the record in the requested format, attorney fees may be awarded only if the custodian's action was arbitrary or capricious.

(d) Altering an existing public record, or excising fields of information pursuant to this subsection (3.5) to remove information that the custodian is either required or permitted to withhold, does not constitute the creation of a new public record.

(e) Nothing in this subsection (3.5) relieves or mitigates the obligations of a custodian to produce a public record in a format accessible to individuals with disabilities in accordance with Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and other federal or state laws.

(4) Nothing in this article shall preclude the state or any of its agencies, institutions, or political subdivisions from obtaining and enforcing trademark or copyright protection for any public record, and the state and its agencies, institutions, and political subdivisions are hereby specifically authorized to obtain and enforce such protection in accordance with the applicable federal law; except that this authorization shall not restrict public access to or fair use of copyrighted materials and shall not apply to writings which are merely lists or other compilations.
C.R.S. § 24-46-305 — CO Code / Title 24 / Article 46 / Part 3 / Section 24-46-305
24-46-305. Regional tourism project approval - director - commission - review
Status: in_force

24-46-305. Regional tourism project approval - director - commission - review. (1) Upon receipt of a local government's application for a regional tourism project, the director or the director's designee shall review the application and shall make an initial determination regarding whether the application has met the criteria for a regional tourism project specified in section 24-46-304.

(2) (a) Upon review of each application for completeness, the director shall forward the application to any county or counties where the regional tourism project will be implemented and to municipalities adjacent to where the regional tourism project will be implemented for an opportunity to review the application and submit comments to the commission. The director shall provide such counties and municipalities with the application at least thirty days prior to the public hearing held pursuant to subsection (3) of this section. The director shall also forward the application to the commission with a recommendation that the commission approve or deny the application or approve the application with conditions; except that the commission shall not approve any project that, if approved, would likely create a state sales tax revenue dedication of more than fifty million dollars to all regional tourism projects in any given year.

(b) The commission shall not approve more than two initial projects pursuant to this subsection (2).

(c) On or after May 31, 2014, but prior to January 1, 2016, the commission may approve two new regional tourism projects.

(3) The commission shall hold a public hearing, subject to the provisions of the "Colorado Sunshine Act of 1972", article 6 of this title, to review and consider the application. After the hearing has been held, the commission shall review each application and give consideration to the director's recommendations. The commission shall take action on the application within a reasonable time after submission. If the commission approves the application, it shall adopt a resolution specifying the following:

(a) The local government that has been approved to undertake a regional tourism project;

(b) The area of the regional tourism zone;

(c) Whether the commission has authorized the creation of a regional tourism authority; and

(d) The total cumulative dollar amount and percentage of the state sales tax increment revenue that will be dedicated to the regional tourism project. Such percentage shall be set at a value that in the best estimation of the commission will result in only the net new revenue likely created by the project and related development being dedicated to the financing entity and shall exclude any sales tax revenue the state would likely have received without the project and development. The total cumulative dollar amount and percentage of the sales tax increment revenue that can be dedicated to the regional tourism project shall not exceed the third-party analyst's calculation of the total cumulative dollar amount and percentage of sales tax increment revenue that can be dedicated to the regional tourism project, as reported pursuant to section 24-46-304 (2)(i), by more than fifty percent; except that the commission may determine a total cumulative dollar amount and percentage of the sales tax increment revenue that can be dedicated to the regional tourism project that exceeds the third-party analyst's calculations by more than fifty percent by a unanimous vote of all members of the commission.

(4) As part of the approval of a regional tourism project, the commission shall authorize the department of revenue to collect the percentage of the state sales tax increment revenue set by the commission pursuant to paragraph (d) of subsection (3) of this section on behalf of the approved financing entity and shall authorize the financing entity to receive and utilize the state sales tax increment revenue for the duration of the financing term. In implementing such authorization, the department of revenue shall remit such revenue to the financing entity on a monthly basis promptly after collection. The commission shall authorize the utilization of the state sales tax increment revenue by the financing entity pursuant to this part 3 and any conditions of approval imposed by the commission and incorporated in writing into the commission's resolution of approval.

(4.5) The total amount of state sales tax increment revenue dedicated to the regional tourism project for the entire duration of the project shall not exceed the total cumulative dollar amount specified by the commission pursuant to paragraph (d) of subsection (3) of this section. The department of revenue shall track the annual and cumulative state sales tax increment revenue remitted to the financing entity for the project and shall notify the commission when cumulative payments approach the limits set by the commission for the commission's concurrence regarding the dollar limits. After the department of revenue has cumulatively remitted such total cumulative dollar amount to the financing entity pursuant to subsection (4) of this section, the department of revenue shall not remit any additional sales tax increment revenue from the state to the financing entity, even if the approved financing term is not completed. The department of revenue shall notify the commission if it is no longer remitting sales tax increment revenue to the financing entity because the financing entity has reached its total cumulative dollar amount of sales tax increment revenue.

(5) Following the commission's approval of an application, the commission shall promptly transmit written notice and a copy of the approval to the executive director of the department of revenue. Such transmittal shall include any information deemed necessary by the department of revenue to fulfill its obligations pursuant to this part 3.
C.R.S. § 24-48.5-102.5 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-102.5
24-48.5-102.5. Appropriations for small business development centers - report - legislative dec
Status: repealed

24-48.5-102.5. Appropriations for small business development centers - report - legislative declaration - repeal. (Repealed)
C.R.S. § 24-33.5-701 — CO Code / Title 24 / Article 33.5 / Part 7 / Section 24-33.5-701
24-33.5-701. Short title
Status: in_force

24-33.5-701. Short title. The short title of this part 7 is the "Colorado Disaster Emergency Act".
C.R.S. § 24-50-105 — CO Code / Title 24 / Article 50 / Part 1 / Section 24-50-105
24-50-105. State personnel system - cost of administration
Status: repealed

24-50-105. State personnel system - cost of administration. (Repealed)
C.R.S. § 24-32-1702 — CO Code / Title 24 / Article 32 / Part 17 / Section 24-32-1702
24-32-1702. Legislative declaration
Status: in_force

24-32-1702. Legislative declaration. The "Internal Revenue Code of 1986", as amended, limits the total amount of tax-exempt private activity bonds which may be issued by any state and its political subdivisions in each year by imposing volume caps. Said code allows each state to provide by law a formula for allocating the state volume cap among the issuing authorities of the state. This part 17 is enacted to establish an allocation formula for the state of Colorado which maximizes the state's total tax-exempt private activity bond issuance authority and which provides an orderly and equitable process of allocating such authority among issuing authorities of this state.
C.R.S. § 24-38.5-104 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-104
24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulator
Status: repealed

24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulatory agencies. (Repealed)
C.R.S. § 24-32-727 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-727
24-32-727. Denver-metropolitan regional navigation campuses grant - regional navigation cam
Status: in_force

24-32-727. Denver-metropolitan regional navigation campuses grant - regional navigation campuses cash fund - creation - definitions. (1) As used in this section, unless the context otherwise requires:

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

(b) "Local government" means the city and county of Denver, Adams county, Arapahoe county, Jefferson county, Douglas county, the city and county of Broomfield, the Denver regional council of governments, or a municipality located within one of those counties.

(2) A local government or local governments applying together or a community partner in conjunction with one or more local governments may submit an application for a grant to the division in accordance with policies, procedures, and guidelines adopted by the division in order to build or acquire, and then facilitate, one or more regional navigation campuses in the Denver metropolitan area to respond to and prevent homelessness. The division, in collaboration with the department of human services and the behavioral health administration in the department of human services, shall establish the application requirements, which must include a plan by which an applicant intends to sustain funding for the regional navigation campus or campuses after the grant period ends.

(3) Each applicant shall demonstrate how the applicant plans to build or acquire, and then facilitate, one or more navigation campuses that may include, but are not limited to, the following:

(a) Services for behavioral health, mental health, and substance use disorders, including a continuum of behavioral health services and treatment;

(b) Medical care, including dental care;

(c) Transitional housing;

(d) Permanent supportive housing;

(e) Emergency shelter;

(f) Recovery-oriented services and care;

(g) Vocational rehabilitation and employment skills training with the requisite supportive services that support those initiatives;

(h) Assistance enrolling eligible individuals into public assistance benefits programs;

(i) Services for individuals exiting other residential facilities or programs and who are at risk or imminently at risk of experiencing homelessness; and

(j) Other supportive services including, but not limited to, transportation, case management, life skills training, and other supportive services described in 42 CFR 578.53 and others determined by the division.

(4) In selecting grant recipients, the division, in collaboration with the department of human services and the behavioral health administration in the department of human services, shall consider:

(a) An applicant's commitment to regional and transformational projects that address homelessness;

(b) An applicant's commitment to providing wraparound services for the residents at each supportive residential campus;

(c) The impact of each proposed navigation campus in the community where it will be located and in the Denver-metropolitan region as a whole; and

(d) The ability of the applicant to manage each location and determine long-term operational costs and sustainability.

(5) In adopting policies, procedures, and guidelines, the division shall collaborate with the department of human services and the behavioral health administration in the department of human services to create a process that ensures that grants are only awarded after a fair and rigorous open competition among eligible applicants. The division shall review applications and select grant recipients in collaboration with partnering agencies.

(6) The division, a grant recipient, or any other person who receives money from the division pursuant to this section shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(7) On July 1, 2022, the state treasurer shall transfer fifty million dollars from the economic recovery and relief cash fund, created in section 24-75-228, that originates from the money the state received from the federal coronavirus state fiscal recovery fund, to the regional navigation campuses cash fund for the purposes of this section. The division may expend up to ten percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in administering grants. All administrative costs must be paid out of the money transferred to the fund pursuant to this subsection (7).

(8) (a) The regional navigation campuses cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (7) 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 fund to the fund. Except as otherwise required by this subsection (8)(b), all money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the department of local affairs for use by the division for the purposes of this section.

(c) For state fiscal year 2022-23, the general assembly shall appropriate money from the fund to the department of human services for the implementation of this section.

(d) A grant recipient must expend or obligate any money received pursuant to this section in accordance with section 24-75-226 (4)(d).
C.R.S. § 24-30-1201 — CO Code / Title 24 / Article 30 / Part 12 / Section 24-30-1201
24-30-1201. Definitions
Status: in_force

24-30-1201. Definitions. As used in this part 12, unless the context otherwise requires:

(1) "Direct labor" means all work required for preparing, processing, and packing products and all work required for providing services, but the term does not include supervision, administration, inspection, or shipment.

(2) "Nonprofit agency for persons with severe disabilities" means a private nonprofit organization established under the laws of the United States or this state which is operated in the interest of individuals who are severely impaired, the net income of which does not inure in whole or in part to the benefit of any shareholder, officer, or other individual, and which, in the production of commodities and in the provision of services, employs during its fiscal year severely impaired individuals for not less than seventy-five percent of the man-hours of direct labor required for the production of commodities or for the provision of services.

(3) "Public agency" means any public office, officer, department, commission, institution, or bureau, any agency, division, or unit within a department or office, or any other public authority of this state. "Public agency" shall not include any municipality, county, school district, special district, nor any other political subdivision of the state.

(4) "Severe disability" means one or more physical or mental disabilities which constitute a substantial impairment to employment and which are of such a nature as to require multiple vocational rehabilitation services over an extended period of time.
C.R.S. § 24-51-416 — CO Code / Title 24 / Article 51 / Part 4 / Section 24-51-416
24-51-416. PERA payment cash fund - creation - repeal
Status: repealed

24-51-416. PERA payment cash fund - creation - repeal. (Repealed)
C.R.S. § 24-77-103.7 — CO Code / Title 24 / Article 77 / Part 1 / Section 24-77-103.7
24-77-103.7. Over-refunds of state revenues - definitions
Status: in_force

24-77-103.7. Over-refunds of state revenues - definitions. (1) For purposes of this section, "over-refund" means a refund of state revenues that occurs when, through one or more mechanisms utilized pursuant to law to refund state revenues in excess of the limitation on state fiscal year spending for any given fiscal year, the amount of state revenues actually refunded during any given fiscal year exceeds the amount of state revenues in excess of the limitation on state fiscal year spending for the immediately preceding fiscal year required to be refunded without making any calculations or reductions as otherwise provided in this section.

(2) The amount of any over-refunds actually made in a fiscal year commencing on or after July 1, 2001, that have not been used to reduce the amount of state revenues in excess of the limitation on state fiscal year spending for said fiscal year in accordance with the provisions of this section shall be carried forward as a reduction of subsequent fiscal years' state revenues in excess of the limitation on state fiscal year spending and shall be applied first to the earliest fiscal years possible.

(3) For the fiscal year commencing on July 1, 2004, the controller shall:

(a) Calculate state fiscal year spending for the fiscal year in accordance with the provisions of section 24-77-103 without making any reduction in state fiscal year spending for the amount of over-refunds actually made in said fiscal year or for the amount of any over-refunds made in the fiscal years commencing on or after July 1, 2001, but prior to July 1, 2004, that have been carried forward to said fiscal year in accordance with subsection (2) of this section; and

(b) Reduce the sum of the amount of state revenues in excess of the limitation on state fiscal year spending for said fiscal year and the amount of any unrefunded state revenues in excess of the limitation on state fiscal year spending for the fiscal years commencing on or after July 1, 2001, but prior to July 1, 2004, that have been carried forward to said fiscal year in accordance with section 24-77-103.8 (3) by an amount equal to the sum of the amount of over-refunds actually made in said fiscal year and the amount of any over-refunds made in the fiscal years commencing on or after July 1, 2001, but prior to July 1, 2004, that have been carried forward to said fiscal year in accordance with subsection (2) of this section; however, the amount of said reduction shall not exceed the amount of state revenues in excess of the limitation on state fiscal year spending for said fiscal year.

(4) For fiscal years commencing on or after July 1, 2005, the controller shall:

(a) Calculate state fiscal year spending for the fiscal year in accordance with the provisions of section 24-77-103 without making any reduction in state fiscal year spending for the amount of over-refunds actually made in said fiscal year or for the amount of any over-refunds made in previous fiscal years that have been carried forward to said fiscal year in accordance with subsection (2) of this section; and

(b) Reduce the sum of the amount of state revenues in excess of the limitation on state fiscal year spending for the fiscal year and the amount of any unrefunded state revenues in excess of the limitation on state fiscal year spending for previous fiscal years that have been carried forward to said fiscal year in accordance with section 24-77-103.8 (3) by an amount equal to the sum of the amount of over-refunds actually made in said fiscal year and the amount of any over-refunds made in previous fiscal years that have been carried forward to said fiscal year in accordance with subsection (2) of this section; however, the amount of said reduction shall not exceed the amount of state revenues in excess of the limitation on state fiscal year spending for said fiscal year.

(5) All calculations and reductions made by the controller pursuant to this section shall be subject to review by the state auditor.
C.R.S. § 24-6-305 — CO Code / Title 24 / Article 6 / Part 3 / Section 24-6-305
24-6-305. Powers of the secretary of state - granting and revoking of certificates - barri
Status: repealed

24-6-305. Powers of the secretary of state - granting and revoking of certificates - barring from registration - imposition of penalties - notification of substantial violation. (1) It is the duty and responsibility of the secretary of state:

(a) To grant a certificate of registration as a lobbyist to any individual who registers under the provisions of this section and who supplies the information required in this part 3;

(b) To revoke the certificate of registration of any individual who has been convicted of violating any of the provisions of this part 3;

(c) and (d) Repealed.

(e) To revoke the certificate of registration of any individual whose lobbying privileges before the general assembly have been suspended following action on a written complaint against the person in accordance with the rules on lobbying practices promulgated by the general assembly.

(1.5) (a) In the case of revocation of a certificate of registration in accordance with the provisions of paragraph (b) or (e) of subsection (1) of this section, the secretary of state shall additionally indicate the revocation on the website and shall send written notice of the revocation by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1).

(b) In the case of censure that has been adopted by the general assembly, the secretary of state shall send a copy of the resolution by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1).

(2) In addition to any other powers conferred by this section, the secretary of state may:

(a) Revoke, or suspend for a maximum period of one year, or bar from registration for a maximum period of one year or the remainder of the legislative biennium, whichever is longer, the certificate of registration required by section 24-6-303 for failure to file the reports required by section 24-6-303, provide the information required by section 24-6-304.5, or pay fully any penalty imposed pursuant to section 24-6-302 (7); but no certificate may be revoked or suspended within thirty days after the failure to file such a report if, prior to the last day for filing such reports, the secretary of state has been informed in writing of extenuating circumstances justifying such failure. Any revocation or suspension of a certificate of registration or bar from registration shall be in accordance with the provisions of article 4 of this title.

(b) Adopt rules and regulations in accordance with the provisions of article 4 of this title to define, interpret, implement, and enforce the provisions of this part 3 and to prevent the evasion of the requirements of this part 3;

(c) On his or her own motion or on the verified complaint of any person, investigate the activities of any person who is or who has allegedly been engaged in lobbying and who may be in violation of the requirements of this part 3;

(d) Apply to the district court of the city and county of Denver for the issuance of an order requiring any individual who is believed by the secretary of state to be engaging in lobbying as a professional lobbyist as defined in section 24-6-301 without having received a certificate of registration as required by the provisions of section 24-6-303 to produce documentary evidence which is relevant or material or to give testimony which is relevant or material to the matter in question.

(3) If the secretary of state has reasonable grounds to believe that any person is in violation of section 24-6-302 or 24-6-303, the secretary of state may, after notice has been given and a hearing held in accordance with the provisions of article 4 of this title, issue a cease-and-desist order. Such order shall set forth the provisions of this part 3 found to be violated and the facts found to be the violation. Any person subject to a cease-and-desist order shall be entitled, upon request, to judicial review in accordance with the provisions of article 4 of this title.

(4) The secretary of state shall timely inform the president of the state senate and the speaker of the state house of representatives whenever the secretary of state has reasonable grounds to believe that a violation of section 24-6-302 or 24-6-303 has occurred that the secretary of state deems substantial.
C.R.S. § 24-80-909 — CO Code / Title 24 / Article 80 / Part 9 / Section 24-80-909
24-80-909. State song
Status: in_force

24-80-909. State song. That certain song entitled "Where the Columbines Grow", the words of which were written by A. J. Fynn and the music of which was composed by A. J. Fynn, is hereby adopted as the official state song of Colorado to be used on all appropriate occasions.
C.R.S. § 24-33.5-406 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-406
24-33.5-406. Deputy director - duties
Status: in_force

24-33.5-406. Deputy director - duties. The deputy director shall serve as an agent, and, at the request of the director or in his absence or disability, the deputy director shall perform all of the duties of the director, and, when so acting, he shall have all of the powers of and be subject to all of the restrictions upon the director. In addition, he shall perform such other duties as may from time to time be assigned to him by the director.
C.R.S. § 24-75-914 — CO Code / Title 24 / Article 75 / Part 9 / Section 24-75-914
24-75-914. State auditor - report
Status: in_force

24-75-914. State auditor - report. The state auditor shall annually prepare and submit a report to the legislative audit committee and to the finance committees of the senate and the house of representatives, which shall include, but need not be limited to, a review and analysis of the sales, purchases, and rates of any notes issued under this part 9 and any other information deemed by the state auditor to be necessary to judge the effectiveness of this part 9.
C.R.S. § 24-14-103 — CO Code / Title 24 / Article 14 / Section 24-14-103
24-14-103. Approval of seller - premium cost
Status: in_force

24-14-103. Approval of seller - premium cost. Any policy of insurance shall be obtained from an insurer authorized to transact business in this state and deemed by the department of personnel or the appropriate governing body of the governmental subdivision to be responsible and financially sound considering the extent of the coverage required. The premium for such insurance shall be a proper charge against the state or the appropriate governmental subdivision.
C.R.S. § 24-30-2101 — CO Code / Title 24 / Article 30 / Part 21 / Section 24-30-2101
24-30-2101. Short title
Status: in_force

24-30-2101. Short title. This part 21 shall be known and may be cited as the "Address Confidentiality Program Act".
C.R.S. § 24-21-611 — CO Code / Title 24 / Article 21 / Part 6 / Section 24-21-611
24-21-611. Application for landlord license - fee
Status: in_force

24-21-611. Application for landlord license - fee. (1) Each applicant for a landlord license shall file with the licensing authority a written application, duly executed and verified, in the form presented by the licensing authority, which application shall include, but not be limited to, the following information:

(a) The name and address of the landlord and, if such commercial landlord is a corporation, partnership, association, or other business entity, the names and addresses of all partners, associates, and persons holding an ownership interest of ten percent or more;

(b) The name and address of the landlord's resident agent if the commercial landlord does not reside in Colorado and the location in Colorado where its records will be available to the licensing authority;

(c) The location of the premises for which the applicant is seeking such license;

(d) A statement by the landlord or the chief executive officer of the landlord that the landlord is familiar with the provisions of this part 6 as to commercial bingo facilities and landlords thereof and accepts responsibility for compliance with such provisions;

(e) A statement by the landlord or the chief executive of the landlord that the primary purpose of the premises described in subsection (1)(c) of this section is the conduct of bingo occasions.

(2) Each application shall designate an individual who shall act as agent for the landlord and who shall receive all communications concerning the license.

(3) Each application must include an affidavit signed by the applicant stating whether the landlord has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within the previous ten years. If the landlord is a corporation, limited liability company, or partnership, the affidavit must make the verification as to each officer and director of the corporation, each member and manager of the limited liability company, or each partner and associate of the partnership. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within the previous ten years is ineligible for a license issued pursuant to this section. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within more than the previous ten years shall disclose the information related to the conviction required by the licensing authority.

(4) A landlord license expires at the end of the calendar year in which it was issued. Each license issued shall be conspicuously displayed at the premises for which the license has been issued. No landlord license is transferable. The annual fee for each landlord license shall be established in accordance with section 24-21-606 (2).
C.R.S. § 24-48.5-122 — CO Code / Title 24 / Article 48.5 / Part 1 / Section 24-48.5-122
24-48.5-122. Local business mobile application software - creation - legislative declaration
Status: in_force

24-48.5-122. Local business mobile application software - creation - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that the Colorado office of economic development is directed to contract for the development of local business mobile application software in order to:

(a) Assist consumers in the state who wish to find and patronize local businesses;

(b) Allow such businesses to publicize their Colorado affiliations; and

(c) Consistent with the office's duties, promote economic growth through the expansion of businesses in the state.

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

(a) "Local business" means a business that is owned, located, or headquartered in, or manufactures in, Colorado.

(b) "Office" means the Colorado office of economic development created in this part 1.

(3) (a) The office shall contract for the creation, management, operation, and maintenance within the office of mobile application software to be known as the "By Colorado App", which software enables users to learn about local businesses that elect to participate in the software.

(b) The software developed pursuant to paragraph (a) of this subsection (3) must be operational on or before January 1, 2015.

(c) The office shall make the local business mobile application software searchable by the types of goods or services offered, location, the type of Colorado affiliation described under paragraph (a) of subsection (2) of this section that qualifies the businesses as a "local business", and any other factors the office deems appropriate.

(d) The office shall make the data in the local business mobile application database available to other application developers. In so doing, the office shall take all appropriate steps to maintain the security of the database and the information used therein.

(e) The office may register a trademark with the United States patent and trademark office or file a trademark with the Colorado secretary of state for the "By Colorado App" developed under this section.

(4) The office is authorized to accept and expend gifts, grants, and donations for information technology costs incurred in creating, managing, operating, and maintaining the mobile application software developed pursuant to this section. The general assembly finds that the implementation of this section is not entirely dependent on the receipt of any gifts, grants, and donations.
C.R.S. § 24-30-202.4 — CO Code / Title 24 / Article 30 / Part 2 / Section 24-30-202.4
24-30-202.4. Collection of debts due the state - state agency options - controller's duties -
Status: repealed

24-30-202.4. Collection of debts due the state - state agency options - controller's duties - offsetting disbursements - definitions. (1) A state agency is responsible for the collection of any debt owed to it. The controller shall advise the various state agencies concerning the collection of debts due the state through the agencies, in accordance with the fiscal rules promulgated by the controller in accordance with subsection (2) of this section, to achieve the prompt collection of debts due the agencies.

(2) (a) The controller shall promulgate fiscal rules for collection of debts due to a state agency; except that the fiscal rules do not apply to those debts under the jurisdiction of the department of revenue referred to in section 24-35-108 (1)(a). The controller shall include in the fiscal rules any requirements for a state agency to refer a debt to private counsel or a private collection agency under subsection (2)(b) of this section or to certify a debt to the department of revenue under subsection (2.5) of this section.

(b) A state agency may refer the debt to a private counsel or private collection agency. The controller shall establish a list of private counsel or private collection agencies that a state agency may contract with for debt collection services. The controller must select the private counsel or private collection agencies included in the list of private counsel or private collection agencies through competition pursuant to the "Procurement Code", articles 101 to 112 of this title 24.

(2.5) A state agency may certify the amount of a debt due to the state to the department of revenue in order for the department to provide lottery offsets in accordance with section 24-30-202.7, and an offset of a state tax refund due the debtor under section 39-21-108 (3), and to the registry operator in order for the registry operator to provide limited gaming offsets in accordance with the "Gambling Payment Intercept Act", part 6 of article 35 of this title 24.

(3) (a) (Deleted by amendment, L. 2021.)

(b) (Deleted by amendment, L. 91, p. 839, § 1, effective January 1, 1992.)

(c) The controller, with the consent of the state treasurer, is authorized to release or compromise any debt due the state, but only in accordance with the rules applicable thereto. Such rules may provide delegated authority and criteria for release and compromise of debts and may include provisions to prohibit the referral of debts for tax offset based on the age or amounts of debts.

(d) Proceeds of debts collected by a state agency or by a private counsel or private collection agency are accounted for and paid into the fund from which the receivable was derived, and if the fund is no longer in existence, it is paid into the general fund.

(e) Repealed.

(f) and (g) (Deleted by amendment, L. 2021.)

(3.5) (a) (I) The controller shall approve disbursements from state funds from the state's central accounting system in accordance with section 24-30-202 (2). If there is an unpaid balance or debt owed, a state agency may direct the controller to withhold the amount of the disbursement that does not exceed the amount of:

(A) Any unpaid child support debt as set forth in section 14-14-104, or child support arrearages that are the subject of enforcement services provided pursuant to section 26-13-106, as certified by the department of human services;

(B) Any unpaid balance of tax, accrued interest, or other charges specified in article 21 of title 39, that is subject to offset under section 39-21-108 (3), and owing by the payee according to the records of the controller;

(C) Any unpaid debt owing to the state or any agency thereof by a payee, the amount of which is found to be owing as a result of a final agency determination or the amount of which has been reduced to judgment;

(D) Any unpaid loan due to the student loan division of the department of higher education as set forth in section 23-3.1-104 (1)(p), found to be owing to the division by a payee as a result of final agency determination; or

(E) Any amount required to be paid to the unemployment compensation fund pursuant to articles 70 to 82 of title 8, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision or that has been reduced to judgment by the division of unemployment insurance in the department of labor and employment.

(II) Any money withheld for payment of child support debt or child support arrearages pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the department of human services. For all names and amounts certified by the department of human services pursuant to section 26-13-111, the controller shall provide to the department of human services the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(II) and any other identifying information as required by the department of human services.

(III) Any money withheld for payment of an unpaid balance of tax, interest, or other charges specified in subsection (3.5)(a)(I) of this section and subject to offset under section 39-21-108 (3), is deposited with the state treasurer. For all names and amounts submitted by the executive director of the department of revenue pursuant to section 39-21-114 (10), the controller shall provide to the department the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(III).

(IV) Any money withheld for payment of an unpaid debt owing to the state pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer. For all names and amounts certified by a state agency pursuant to subsection (3.5)(a) of this section, the controller shall provide to the state agency the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(IV).

(V) All money withheld for payment of a student loan division debt pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the state treasurer to the division. For all names and amounts certified by the division pursuant to section 23-3.1-104 (1)(q), the controller shall provide to the division the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(V).

(VI) The controller shall deposit with the state treasurer any money withheld for payment of unemployment compensation debt pursuant to subsection (3.5)(a)(I) of this section, and the state treasurer shall credit the money to the unemployment compensation fund. For all names and amounts certified by the division of unemployment insurance, the controller shall provide to the division the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(VI).

(VII) The controller shall pay any approved disbursement in excess of the unpaid balance or debt to the approved payee.

(b) In the event that there are debts for unpaid child support, as set forth in section 26-13-111, debts for an unpaid balance of tax, interest, or other charges pursuant to article 21 of title 39, and other debts owing to the state or any agency thereof as set forth in subsection (3.5)(a)(I) of this section, the amount withheld pursuant to subsection (3.5)(a)(I) of this section is credited to the unpaid debts and is applied first to those unpaid debts in the order they appear in this subsection (3.5)(b), and any remaining amounts withheld pursuant to subsection (3.5)(a)(I) of this section is applied based on the priority determined by the controller.

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

(4) (Deleted by amendment, L. 99, p. 689, § 9, effective August 4, 1999.)

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

(6) Any contract awarded to private counsel or private collection agency shall require that the contractor remain licensed under the contractor's respective occupational licensing statutes or rules during the term of the contract. The contract shall require that a private counsel or private collection agency shall at all times act in compliance with the provisions of the "Colorado Fair Debt Collection Practices Act", article 16 of title 5, and in compliance with any rules promulgated by the controller.

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

(8) (a) A collection fee for a private collection agency shall not exceed eighteen percent of the debt, and the fee for private counsel shall not exceed twenty-five percent of the debt. All fees collected and retained by a private collection agency or private counsel as payment for services collecting a debt that are not deposited in the state treasury are not subject to article 36 of title 24 or section 20 of article X of the state constitution.

(b) The debtor is liable for repayment of the total amount of a debt due to the state, including collection fee charged by the private collection agency or private counsel, plus allowable fees and costs pursuant to subsection (8)(c) of this section and the delinquency charge pursuant to section 24-79.5-102.

(c) If a debt due to the state is litigated and the state prevails, in addition to the collection fee, the debtor shall also be liable for the following:

(I) Reasonable attorney fees as may be determined by the court;

(II) Court costs as described in section 13-16-122; and

(III) Fees incurred by the state's attorney in processing the litigation and collection of any judgment.

(d) If a debt due to the state is in the form of a check, draft, or order not paid upon presentment, the state agency is entitled, in addition to a collection fee, if applicable, to collect damages as specified in section 13-21-109 (1)(b)(II) and (2)(a).

(9) and (10) (Deleted by amendment, L. 2021.)
C.R.S. § 24-1-132 — CO Code / Title 24 / Article 1 / Section 24-1-132
24-1-132. Transfer of officers and employees
Status: in_force

24-1-132. Transfer of officers and employees. Effective July 1, 1968, such officers and employees who were engaged prior to said date in the performance of powers, duties, and functions of any department, institution, or other agency transferred to a principal department under the provisions of this article and who, in the opinion of the head of the principal department and the governor, are necessary to perform the powers, duties, and functions of the principal department or of any division, section, or unit thereof shall become officers and employees of such principal department and shall retain all rights to state personnel system and retirement benefits under the laws of the state, and their services shall be deemed to be continuous. All transfers and any abolishment of positions of personnel in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations.
C.R.S. § 24-32-1707 — CO Code / Title 24 / Article 32 / Part 17 / Section 24-32-1707
24-32-1707. Statewide balance
Status: repealed

24-32-1707. Statewide balance. (1) Fifty percent of the state ceiling less any amount allocated to designated local issuing authorities pursuant to section 24-32-1706 shall be allocated within twenty days after May 20, 1987, and as of January 15 of each year thereafter, to the statewide balance. In addition, the statewide balance shall include any amounts relinquished thereto pursuant to section 24-32-1705 (3) or (4), section 24-32-1706 (3) or (4), subsection (8) of this section, section 24-32-1708, or section 24-32-1710 (3).

(2) (a) Until September 15 of each year, the statewide balance may be allocated only among:

(I) Issuing authorities that are not designated local issuing authorities;

(II) State issuing authorities that did not receive a direct allocation pursuant to section 24-32-1705; or

(III) Any designated local or state issuing authorities that have, prior to the date of receipt of an allocation from the statewide balance, relinquished to the statewide balance pursuant to section 24-32-1705 or 24-32-1706 any of their initial allocation remaining after any or all of their initial allocation has been used for the issuance of bonds in respect of which a form 8038 has been filed pursuant to section 24-32-1708.

(b) On and after September 15 each year, the statewide balance may be allocated among all issuing authorities. The executive director shall make all of the allocations from the statewide balance in his or her sole discretion with the advice of the board and in accordance with the priorities pursuant to this section.

(3) Repealed.

(4) The board shall review and recommend to the executive director statewide priorities for the allocation of the statewide balance. Prior to the making of such recommendations, the department shall hold one or more public meetings to obtain input from the public regarding statewide priorities for the current year, information regarding the use of all bond allocations in the prior year, and other appropriate matters.

(5) An issuing authority shall apply for an allocation from the statewide balance by submitting a completed application for an allocation which contains the information and attachments required by section 24-32-1709.

(6) (a) (Deleted by amendment, L. 2009, (SB 09-041), ch. 56, p. 199, § 4, effective March 25, 2009.)

(b) (I) (Deleted by amendment, L. 2009, (SB 09-041), ch. 56, p. 199, § 4, effective March 25, 2009.)

(II) Repealed.

(7) Allocations from the statewide balance shall be effective for a statewide balance award period which shall be determined and may be extended by the executive director for each allocation. Allocations from the statewide balance shall not be assignable.

(8) Any issuing authority may relinquish all or any part of its allocation to the statewide balance at any time by so notifying the department in writing.

(9) Repealed.

(10) Until October 31 of each year, no allocation of the statewide balance shall be made for carryforward purposes.

(11) The executive director is authorized to contract with a private person, corporation, or entity for the review of applications for bonding authority from the statewide balance for industrial development bonds.
C.R.S. § 24-70-215 — CO Code / Title 24 / Article 70 / Part 2 / Section 24-70-215
24-70-215. Requisitions for printing
Status: in_force

24-70-215. Requisitions for printing. No public printing of any sort or description whatever may be furnished to any department of the state government or to any officer or employee of the state, except on requisition of the head of a department, addressed to the executive director of the department of personnel; but the provisions of this section do not apply to the printing, publishing, or binding of the reports of the decisions of the supreme court or the court of appeals.
C.R.S. § 24-30-2002 — CO Code / Title 24 / Article 30 / Part 20 / Section 24-30-2002
24-30-2002. Contracts for energy analysis and recommendations
Status: in_force

24-30-2002. Contracts for energy analysis and recommendations. (1) Subject to subsection (2) of this section, and in accordance with section 24-30-1104 (2), where applicable, a state agency may contract with any entity or person experienced in the design and implementation of energy conservation for an energy analysis and recommendations pertaining to measures that would significantly increase:

(a) Utility cost savings and operation and maintenance cost savings in buildings or other facilities owned or rented by the state agency; or

(b) Vehicle fleet operational and fuel cost savings in state fleet vehicles.

(2) The state personnel director or the state personnel director's designee may authorize a state agency to enter into such a contract. The contract shall be negotiated by the state agency pursuant to the negotiation requirements described in part 14 of this article; except that direct, indirect, overhead, and other costs and rates may be solicited and considered in the evaluation of qualifications and included in any resulting contract. The contract may include provisions that define the rate, amount, and nature of costs that may be proposed in any subsequent energy cost-savings contract, that describe the content of the analysis, and that reserve the option of the state agency to negotiate a suitable energy cost-savings contract.

(3) Such energy analysis and recommendations shall include the following, as applicable:

(a) Estimates of the amounts by which utility cost savings and operation and maintenance cost savings would increase and estimates of all costs of such utility cost-savings measures or energy-savings measures, including, but not limited to, itemized costs of design, engineering, equipment, materials, installation, maintenance, repairs, and debt service; or

(b) Estimates of the amounts by which vehicle fleet operational and fuel cost savings would increase and estimates of all costs of such vehicle fleet operational and fuel cost-savings measures.

(4) Payment by a state agency for an energy analysis and recommendations contract may be made from moneys appropriated to the state agency for operating expenses or utilities, as applicable, or payments may be deferred and incorporated into a subsequent energy cost-savings contract.
C.R.S. § 24-30-1115 — CO Code / Title 24 / Article 30 / Part 11 / Section 24-30-1115
24-30-1115. Motor fleet management fund - creation
Status: in_force

24-30-1115. Motor fleet management fund - creation. (1) There is hereby created a fund to be known as the motor fleet management fund, which shall be administered by the department of personnel and which shall consist of all moneys which may be transferred thereto in accordance with section 24-30-1104 (2)(k).

(2) The moneys in the fund shall be subject to annual appropriation by the general assembly for the purposes of this part 11. Any moneys not appropriated shall remain in the fund and shall not be transferred to or revert to the general fund of the state at the end of any fiscal year. Subject to severe budget constraints and annual appropriation, a portion of the state motor fleet shall be replaced each year. The number of motor vehicles to be replaced annually shall be based on a methodology provided by the department of personnel and approved by the general assembly.

(3) Notwithstanding any provision of this section to the contrary, on April 20, 2009, the state treasurer shall deduct one million dollars from the motor fleet management fund and transfer such sum to the general fund.

(4) Notwithstanding any provision of this section to the contrary, on April 15, 2010, the state treasurer shall deduct three hundred ninety-seven thousand one hundred forty-three dollars from the motor fleet management fund and transfer such sum to the general fund.