reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-106 - Hearing - findings - when action barred

(1)
On the date fixed for any hearing or at any adjournment thereof, the governing body or governing bodies of each member of the combination shall ascertain, from the tax rolls of where the district is located, the total valuation for assessment of the taxable real and personal property in the service area. If it appears that said petition is not signed in conformity with this article, the petition shall be dismissed and the cost adjudged against those executing the bond or depositing the cash filed to pay such costs. Nothing in this section shall prevent the filing of a subsequent petition for a similar district.
(2)
The findings of the governing body or governing bodies upon the question of the genuineness of the signatures and all matters of fact incident to such determination shall be final and conclusive.
(3)
Prior to the organization of the district, the governing body or governing bodies may exclude property from the service area or boundaries of the district if deemed to be in the best interests of the district.
(4)
If it appears that an organization petition has been duly signed and presented in conformity with this article, that the allegations of the organization petition are true, and that the types of services to be provided by the proposed district are those services that best satisfy the purposes set forth in this article, the governing body or bodies, upon the completion of the hearings, shall by ordinance, resolution, or contract adjudicate all questions of jurisdiction and may, exercising discretion, declare the district organized, describe the boundaries and service area of the district, and give it the corporate name specified in the petition by which, in all subsequent proceedings, it shall thereafter be known.
(5)
Such resolution, ordinance, or contract shall finally and conclusively establish the regular organization of the district against all persons unless an action, including an action for certiorari review, attacking the validity of the district is commenced in a court of competent jurisdiction within sixty days after the effective date of such resolution, ordinance, or contract. Thereafter, any such action shall be perpetually barred. The organization of said district shall not be directly or collaterally questioned in any suit, action, or proceeding, except as provided in this subsection (5).
L. 98: Entire article added, p. 1083, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-107 - Boundaries - exclusion proviso

The boundaries of a district may consist of contiguous or noncontiguous tracts or parcels of property.
L. 98: Entire article added, p. 1084, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-109 - Meetings

Upon notice to each member of the board, the board shall hold meetings which shall be held in a place to be designated by the board as often as the needs of the district require. The meetings of the board shall be subject to the provisions of part 4 of article
6
of title
24
, C.R.S. The board shall act by resolution or motion.
L. 98: Entire article added, p. 1086, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-110 - Approval of actions by local government or members of combination

No district created under the provisions of this article shall levy a marketing and promotion tax or provide services unless the local government or each member of the combination has approved an operating plan for the district. The operating plan shall specifically identify the services to be provided by the district, any marketing and promotion tax to be imposed by the district, and such additional information as required. The district shall file an operating plan and its proposed budget for the next fiscal year with the clerk of the local government or each member of the combination no later than September 30 of each year. All of the business records of the district shall be considered public records, as defined in section
24-72-202(6)
, C.R.S., and shall promptly be made available upon request. For the purposes of this section, the business records of the district shall not include the business records of the owners of property in the district. The local government or the members of the combination may require the district to supplement the district's operating plan or budget where necessary. The local government or each member of the combination shall approve or disapprove the operating plan within thirty days after receipt of such operating plan and all requested documentation relating thereto, but not later than December 5 of the year in which such documents are filed. Thereafter, the services and financial arrangements of the district shall conform so far as practicable to the operating plan. The operating plan may, from time to time, be amended by the district with the approval of the local government or each member of the combination in substantially the same manner as the process for formulating the operating plan for each year. Any material departure from the operating plan, as originally approved or amended from time to time, may be enjoined by an order of the local government filed with the board.
L. 98: Entire article added, p. 1086, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-111 - General powers of district

(1)
The district has the following powers, except as limited by the operating plan:
(a)
To have perpetual existence;
(b)
To have and use a corporate seal;
(c)
To sue and be sued and be a party to suits, actions, and proceedings;
(d)
To enter into contracts and agreements, except as otherwise provided in this article, affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities;
(e)
(I)
To provide any of the following services within the district:
(A)
Organization, promotion, marketing, and management of public events;
(B)
Activities in support of business recruitment, management, and development;
(C)
Coordinating tourism promotion activities;
(D)
Housing and childcare for the tourism-related workforce, including seasonal workers, and for other workers in the community; or
(E)
Facilitating and enhancing visitor experiences.
(II)
No revenue collected from the marketing and promotion tax levied under section
29-25-112
may be used for any capital expenditures, with the exception of:
(A)
Capital expenditures for housing and childcare for the tourism-related workforce, including seasonal workers, and for other workers in the community;
(B)
Capital expenditures related to facilitating and enhancing visitor experiences; or
(C)
Tourist information centers.
(f)
To have the management, control, and supervision of all the business and affairs of the district and of the operation of district services therein;
(g)
To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof;
(h)
To hire employees or retain agents, engineers, consultants, attorneys, and accountants;
(i)
To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the local government affected for carrying on the business, objectives, and affairs of the board and of the district; and
(j)
To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.
Amended by 2022 Ch. 62,§2, eff. 8/10/2022.
L. 98: Entire article added, p. 1087, § 1, effective September 1.
2022 Ch. 62, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-113 - Inclusion or exclusion - petition - notice - hearing

(1)
The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges whatsoever, nor shall it affect or impair or discharge any contract, obligation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file with the board a petition, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings. The clerk of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition, the names of the petitioners, descriptions of the property sought to be included or excluded, and the request of said petitioners.
(2)
The notice of the filing of a petition shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted. The board, at the time and place mentioned or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto that may be presented by any person showing cause why said petition should not be granted. The failure of any interested person to show cause shall be deemed as an assent on that person's part to the inclusion or exclusion of such property as requested in the petition. If the change of boundaries of the district does not adversely affect the district and if the petition is granted, the granting of which shall not be unreasonably withheld, the governing body shall adopt a resolution to that effect and file a certified copy of the same with the county clerk and recorder of each county in which the property is located. After a certified copy of the ordinance is filed, the property shall be included or excluded from the district.
L. 98: Entire article added, p. 1089, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-115 - Dissolution procedure

Any district organized pursuant to this article may be dissolved pursuant to the resolution, ordinance, or contract creating the district or pursuant to the provisions of this section. Under this section, any such district may be dissolved after notice is given, publication is made, and a hearing is held in the manner prescribed by sections
29-25-105
and
29-25-106
. The dissolution of the district may be initiated by filing in the office of the clerk of the governing body or bodies either a petition signed by the persons described in section
29-25-105(2)
or, in the case of a district that has not filed an operating plan as required by section
29-25-110
for two years, a resolution of the governing body or bodies. After hearing any protests against or objections to dissolution and if the governing body or bodies determines that it is for the best interests of all concerned to dissolve the district, the body or bodies shall so provide by an effective resolution or ordinance, a certified copy of which shall be filed in the office of the county clerk and recorder in each of the counties in which the district or any part of the district is located. Upon such filing, the dissolution shall be complete. Notwithstanding any other provision of this section, upon petition of persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least fifty percent of the acreage in the proposed district, the district shall impose its existing taxes solely to meet any existing financial obligations, and shall be dissolved as soon as the district has no outstanding financial obligations.
L. 98: Entire article added, p. 1091, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-116 - Correction of faulty notices

In any case that a notice is provided for in this article in which the governing body or bodies find for any reason that due notice was not given, the governing body or bodies shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated; however, the governing body or bodies, in that case, shall order due notice given and shall continue the proceeding until such time as notice is properly given and thereupon shall proceed as though notice had been properly given in the first instance.
L. 98: Entire article added, p. 1092, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-117 - Department of transportation and local jurisdiction unimpaired

Nothing in this article shall affect or impair the control and jurisdiction that the department of transportation has over streets and highways that are part of the state highway system or that a county, city and county, or municipality has over all property within its boundaries. All powers granted by this article shall be subject to such control and jurisdiction.
L. 98: Entire article added, p. 1092, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-118 - Method not exclusive

Nothing in this article shall repeal or affect any other law or any part thereof, it being intended that this article shall provide a separate method of accomplishing its objectives and not an exclusive one.
L. 98: Entire article added, p. 1092, § 1, effective September 1.
Law reviews: For article, "'Hang 'em High': Affordable Housing Covenants in Colorado (Part I)", see 48 Colo. Law. 45 (July 2019).
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › AFFORDABLE HOUSING DWELLING UNIT ADVISORY BOARDS (§§ 29-26-101 — 29-26-104) › Article 26 - Affordable Housing Dwelling Unit Advisory Boards (§§ 29-26-101 — 29-26-104) › Section 29-26-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
It is in the public interest to maintain a diverse housing stock in order to preserve some diversity of housing opportunities for the state's residents and people of low- and moderate-income.
(b)
A housing shortage for persons of low- and moderate-income is detrimental to the public health, safety, and welfare. In particular, the inability of such persons to reside near where they work negatively affects the balance between jobs and housing in many regions of the state and has serious detrimental transportation and environmental consequences.
(c)
As an initial step in fostering the establishment of affordable housing dwelling unit programs that will satisfy the housing needs of all the residents of a particular jurisdiction, it is appropriate for the general assembly to authorize local governments to establish affordable housing dwelling unit advisory boards.
(d)
In selecting members of the advisory boards, the governing bodies of local government shall give preference to residents of the jurisdiction who have demonstrated experience in housing matters, preferably within the territorial boundaries of the jurisdiction, as a result of their current or former experience, without limitation, as a:
(I)
Registered or certified civil engineer or architect;
(II)
Planner;
(III)
Real estate broker licensed in accordance with part 2 of article
10
of title
12
;
(IV)
Representative of a lending institution that finances residential development within the territorial boundaries of the local government;
(V)
Representative of the local housing authority;
(VI)
Residential builder with extensive experience in producing single-family or multiple-family dwelling units;
(VII)
Representative of either the public works or planning department of the local government; or
(VIII)
Representative of a nonprofit housing organization that provides services within the territorial boundaries of the local government.
(e)
In addition, one or more members of the board, in the discretion of the local government, shall be a resident of the jurisdiction without demonstrated experience in housing matters.
(2)
In creating this article, the general assembly intends that affordable housing dwelling unit advisory boards shall address the housing needs of low- and moderate-income persons, promote a full range of housing choices, and develop effective policies to encourage the construction and continued existence of affordable housing.
Amended by 2019 Ch. 136,§ 210, eff. 10/1/2019.
L. 2001: Entire article added, p. 974, § 1, effective August 8. L. 2008: (1)(d)(III) amended, p. 511, § 31, effective April 17.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › AFFORDABLE HOUSING DWELLING UNIT ADVISORY BOARDS (§§ 29-26-101 — 29-26-104) › Article 26 - Affordable Housing Dwelling Unit Advisory Boards (§§ 29-26-101 — 29-26-104) › Section 29-26-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Affordable housing dwelling unit" means a residential structure that is purchased or rented by and is occupied as a primary residence by one or more income eligible households, or a comparable definition as established by a local government that is consistent with the purposes of this article.
(2)
"Board" means an affordable housing dwelling unit advisory board established pursuant to this article.
(3)
"Local government" means a county, home rule or statutory city, territorial charter city, town, or city and county.
(4)
"Local housing authority" means the housing authority of a local government.
(5)
"Ordinance" means any ordinance, resolution, statute, regulation, or rule promulgated by a local government pursuant to this article.
L. 2001: Entire article added, p. 975, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › AFFORDABLE HOUSING DWELLING UNIT ADVISORY BOARDS (§§ 29-26-101 — 29-26-104) › Article 26 - Affordable Housing Dwelling Unit Advisory Boards (§§ 29-26-101 — 29-26-104) › Section 29-26-103 - Affordable housing dwelling unit advisory boards

(1)
To further the purposes of this article, as specified in section
29-26-101
, the governing body of any local government may, by ordinance, establish an affordable housing dwelling unit advisory board. Any such board or similar entity in effect prior to July 1, 2001, shall continue to be in full force and effect after that date.
(2)
An ordinance promulgated under this article may authorize the board to make recommendations to the local government or the local housing authority as to one or more of the following:
(a)
A jurisdiction-wide definition of affordable housing and affordable housing dwelling unit;
(b)
Quantifying jurisdiction-wide affordable housing dwelling unit sales prices and rental rates. In developing its recommendations as to the sales prices and rental rates, the board shall consider all ordinary, necessary, and reasonable costs required to construct and market the required number of affordable housing dwelling units by private industry in the jurisdiction and other relevant information, such as the jurisdiction's general market and economic conditions.
(c)
Jurisdiction-wide affordable housing dwelling unit qualifying income guidelines;
(d)
Changes in density requirements contained in the jurisdiction's zoning or planning ordinances to encourage the provision of affordable housing;
(e)
Policies for the modification of requirements adopted in connection with an affordable housing dwelling unit program established by the local government; and
(f)
Any other matters that, in the discretion of the board, shall affect the construction and continued existence of affordable housing dwelling units or shall otherwise further the purposes of this article.
(3)
(a)
Members of a board for any given jurisdiction shall be appointed by the governing body of the local government. Selection of the chair and other organizational matters shall be addressed either by the board itself or by the local government through ordinance in the discretion of the governing body of the local government establishing the board pursuant to this paragraph (a).
(b)
The number of members of a board and their terms shall be established by the governing body of the local government through ordinance. To the greatest extent practicable, membership on such boards shall reflect the intent of this article as expressed in section
29-26-101(1)
.
L. 2001: Entire article added, p. 976, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › AFFORDABLE HOUSING DWELLING UNIT ADVISORY BOARDS (§§ 29-26-101 — 29-26-104) › Article 26 - Affordable Housing Dwelling Unit Advisory Boards (§§ 29-26-101 — 29-26-104) › Section 29-26-104 - No effect upon local housing agency

Nothing in this article shall be construed to affect the operation of a local housing authority and any board created by this article is encouraged to cooperate with a local housing authority in the establishment and implementation of policies that shall further the intent of this article.
L. 2001: Entire article added, p. 977, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 1 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-103) › Section 29-27-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that it is the policy of the state to ensure that cable television service, telecommunications service, broadband internet service, and middle mile infrastructure are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework.
(2)
The general assembly further finds and declares that:
(a)
There is a need for statewide uniformity in the regulation of all public and private entities that provide cable television service, telecommunications service, broadband internet service, and middle mile infrastructure.
(b)
Municipal ordinances, rules, and other regulations governing the provision of cable television service, telecommunications service, broadband internet service, and middle mile infrastructure by a local government impact persons living outside the municipality.
(c)
Regulating the provision of cable television service, telecommunications service, broadband internet service, and middle mile infrastructure by a local government is a matter of statewide concern.
Amended by 2023 Ch. 139,§ 1, eff. 5/1/2023.
L. 2005: Entire article added, p. 1280, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 1 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-103) › Section 29-27-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
Repealed.
(1.5)
"Broadband internet service" has the same meaning as set forth in section
40-15-102
(3.5).
(2)
"Cable television service" means the one-way transmission to subscribers of video programming or other programming service, as well as subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.
(3)
"Local government" means any city, county, city and county, special district, or other political subdivision of this state.
(3.5)
"Middle mile infrastructure" has the same meaning as set forth in
47 U.S.C. sec. 1741 (a)(9)
.
(4)
"Private provider" means a private entity that provides cable television service, telecommunications service, broadband internet service, or middle mile infrastructure.
(5)
Repealed.
(6)
"Telecommunications service" has the same meaning as set forth in section
40-15-102 (29)
, C.R.S.
Amended by 2023 Ch. 139,§ 2, eff. 5/1/2023.
L. 2005: Entire article added, p. 1281, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 1 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-103) › Section 29-27-103 - Provision of cable television, telecommunications, and broadband internet services or middle mile infrastructure

(1)
Repealed.
(2)
A local government may provide cable television service, telecommunications service, broadband internet service, or middle mile infrastructure, subject to the requirements of this article 27. For purposes of this article 27, a local government provides cable television service, telecommunications service, broadband internet service, or middle mile infrastructure if the local government provides the cable television service, telecommunications service, broadband internet service, or middle mile infrastructure:
(a)
Directly;
(b)
Indirectly by means that include but are not limited to the following:
(I)
Through an authority or instrumentality acting on behalf of the local government or for the benefit of the local government by itself;
(II)
Through a partnership or joint venture; or
(III)
Through a sale and leaseback arrangement;
(c)
By contract, including a contract whereby the local government leases, sells capacity in, or grants other similar rights to a private provider to use local governmental facilities designed or constructed to provide cable television service, telecommunications service, broadband internet service, or middle mile infrastructure for internal local government purposes in connection with a private provider's offering of cable television service, telecommunications service, broadband internet service, or middle mile infrastructure; or
(d)
Through the sale or purchase of resale or wholesale cable television service, telecommunications service, broadband internet service, or middle mile infrastructure for the purpose of providing cable television service, telecommunications service, broadband internet service, or middle mile infrastructure.
(3)
Repealed.
Amended by 2023 Ch. 139,§ 3, eff. 5/1/2023.
L. 2005: Entire article added, p. 1281, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 2 - [Repealed] CONDITIONS FOR PROVIDING SERVICES (§§ 29-27-201 — 29-27-202) › Section 29-27-201 - [Repealed]

Repealed by 2023 Ch. 139,§ 4, eff. 5/1/2023.
L. 2005: Entire article added, p. 1282, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 2 - [Repealed] CONDITIONS FOR PROVIDING SERVICES (§§ 29-27-201 — 29-27-202) › Section 29-27-202 - [Repealed]

Repealed by 2023 Ch. 139,§ 5, eff. 5/1/2023.
L. 2005: Entire article added, p. 1282, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 3 - COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS (§§ 29-27-301 — 29-27-304) › Section 29-27-301 - General operating limitations

(1)
A local government that provides cable television service, telecommunications service, broadband internet service, or middle mile infrastructure pursuant to this article 27 shall comply with all state and federal laws, rules, and regulations governing provision of such service by a private provider; except that nothing herein affects the jurisdiction of the public utilities commission with respect to municipal utilities.
(2)
(a)
A local government shall not make or grant any undue or unreasonable preference or advantage to itself or to any private provider of cable television services, telecommunications services, broadband internet service, or middle mile infrastructure.
(b)
A local government shall apply without discrimination as to itself and to any private provider the local government's ordinances, rules, and policies, including those relating to:
(I)
Obligation to serve;
(II)
Access to public rights-of-way;
(III)
Permitting;
(IV)
Performance bonding where an entity other than the local government is performing the work;
(V)
Reporting; and
(VI)
Quality of service.
Amended by 2023 Ch. 139,§ 6, eff. 5/1/2023.
L. 2005: Entire article added, p. 1283, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 3 - COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS (§§ 29-27-301 — 29-27-304) › Section 29-27-302 - [Repealed]

Repealed by 2023 Ch. 139,§ 7, eff. 5/1/2023.
Amended by 2021 Ch. 151, § 1, eff. 5/18/2021.
L. 2005: Entire article added, p. 1284, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 3 - COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS (§§ 29-27-301 — 29-27-304) › Section 29-27-303 - Enforcement and appeal

(1)
Before an individual subscriber or a private provider that competes with a local government in the geographic boundaries of the local government may file an action in district court for violation of this article, that person shall file a written complaint with the local government. The failure by the local government to issue a final decision regarding the complaint within forty-five days shall be treated as an adverse decision for purposes of appeal.
(2)
An appeal of an adverse decision from the local government may be taken to the district court for a de novo proceeding.
L. 2005: Entire article added, p. 1284, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 3 - COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS (§§ 29-27-301 — 29-27-304) › Section 29-27-304 - [Repealed]

Repealed by 2023 Ch. 139,§ 8, eff. 5/1/2023.
L. 2005: Entire article added, p. 1284, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 4 - PERMIT APPROVAL - PROCESS AND DEADLINE (§§ 29-27-401 — 29-27-404) › Section 29-27-401 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
The permitting, construction, modification, maintenance, and operation of broadband facilities are critical to ensuring that all citizens in the state have true access to advanced technology and information;
(b)
These facilities are critical to ensuring that businesses and schools throughout the state remain competitive in the global economy; and
(c)
The permitting, construction, modification, maintenance, and operation of these facilities, to the extent specifically addressed in this part 4, are declared to be matters of statewide concern and interest.
(2)
The general assembly further finds and declares that:
(a)
Small cell facilities often may be deployed most effectively in the public rights-of-way; and
(b)
Access to local government structures is essential to the construction and maintenance of wireless service facilities or broadband facilities.
L. 2014: Entire part added, (HB 14-1327), ch. 149, p. 504, § 2, effective August 6. L. 2017: (2) added, (HB 17-1193), ch. 143, p. 474, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 4 - PERMIT APPROVAL - PROCESS AND DEADLINE (§§ 29-27-401 — 29-27-404) › Section 29-27-403 - Permit - approval - deadline - exception

(1)
A local government may take up to:
(a)
Ninety days to process a complete application for:
(I)
Location or collocation of a small cell facility or a small cell network; or
(II)
Replacement or modification of a small cell facility or facilities or small cell network.
(b)
Ninety days to process a complete application that involves a collocation of a tower, building, structure, or replacement structure other than a small cell facility or small cell network; or
(c)
One hundred fifty days to process a complete application that involves a new structure or a new wireless service facility, other than a small cell facility or small cell network and other than a collocation.
(2)
The time it takes for an applicant to respond to the first request for additional information will not count toward the applicable deadline set forth in subsection (1) of this section only if the local government notifies the applicant within thirty days after the initial filing that the application is incomplete. All other requests for additional information count toward such deadlines.
(3)
An applicant and a local government entity may mutually agree that an application may be processed in a longer period than set forth in subsection (1) of this section.
L. 2014: Entire part added, (HB 14-1327), ch. 149, p. 506, § 2, effective August 6. L. 2017: (1) and (3) amended, (HB 17-1193), ch. 143, p. 475, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 4 - PERMIT APPROVAL - PROCESS AND DEADLINE (§§ 29-27-401 — 29-27-404) › Section 29-27-404 - Permit process

(1)
(a)
For small cell networks involving multiple individual small cell facilities within the jurisdiction of a single local government entity, the local government entity shall allow the applicant, at the applicant's discretion, to file a consolidated application and receive a single permit for the small cell network instead of filing separate applications for each individual small cell facility.
(b)
For a consolidated application filed pursuant to subsection (1)(a) of this section, each small cell facility within the consolidated application remains subject to review for compliance with objective requirements and approval as provided in this article 27. The local government's denial of any individual small cell facility is not a basis to deny the consolidated application as a whole or any other small cell facility incorporated within the consolidated application.
(2)
If a wireless service provider applies to locate or collocate several wireless service facilities within the jurisdiction of a single local government entity, the local government entity shall:
(a)
Allow the applicant, at the applicant's discretion, to file a single set of documents that will apply to all the wireless service facilities to be sited; and
(b)
Render a decision regarding all the wireless service facilities in a single administrative proceeding, unless local requirements call for an elected or appointed body to render such decision.
(3)
The siting, mounting, placement, construction, and operation of a small cell facility or a small cell network is a permitted use by right in any zone.
L. 2014: Entire part added, (HB 14-1327), ch. 149, p. 506, § 2, effective August 6. L. 2017: (1) and IP(2) amended and (3) added, (HB 17-1193), ch. 143, p. 476, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 5 - ACCESS TO MULTIUNIT BUILDINGS (§§ 29-27-501 — 29-27-503) › Section 29-27-501 - [Effective 8/7/2024] Definitions

As used in this part 5, unless the context otherwise requires:
(1)
"Broadband facility" has the same meaning as set forth in section 29-27-402 (1.5), but only as necessary to provide broadband internet services to multiunit buildings and does not include towers, poles, buildings, or enclosures larger than four cubic feet unless the property owner or mobile home park landlord grants permission to install any such facility.
(2)
"Broadband internet service" means a retail service that transmits and receives data from a customer's property or determined point of presence to substantially all internet endpoints. The term includes any capabilities that are incidental to and enable the operation of broadband internet service.
(3)
"Mobile home park landlord" has the same meaning as "management" or "landlord", as set forth in section 38-12-201.5 (3).
(4)
"Multiunit building" means a residential multidwelling building or a mobile home park. A "multiunit building" does not mean a commercial or nonresidential building.
(5)
"Property owner" means the owner of a multiunit building or the manager of a multiunit building acting on behalf of the owner.
(6)
"Provider" means a licensed provider of broadband internet services including private providers and providers financed by a local government.
(7)
"Request for service" means an expression of interest from a tenant having a tenancy in a multiunit building received by a provider either by mail, telephone in which any such telephonic request is memorialized in writing signed by the tenant, or e-mail. A contact between a tenant and a provider through a sign-up list contained on the provider's website will be deemed a request for service after the provider confirms the request in writing and obtains a signature by the tenant.
Added by 2024 Ch. 218,§ 1, eff. 8/7/2024.
2024 Ch. 218, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Article 27 - COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES (§§ 29-27-101 — 29-27-503) › Part 5 - ACCESS TO MULTIUNIT BUILDINGS (§§ 29-27-501 — 29-27-503) › Section 29-27-503 - [Effective 8/7/2024] Just and reasonable compensation

(1)
A property owner, as defined in section 29-27-501 (5), is entitled to just and reasonable compensation from a provider, as defined in section 29-27-501 (6), that obtains access to a multiunit building, as defined in section 29-27-501 (4), from a property owner. The property owner and the requesting provider shall attempt to reach a mutually acceptable agreement regarding reasonable and non-discriminatory compensation due to the property owner as a result of the requesting provider's installation of broadband facilities. In establishing the amount which will constitute reasonable compensation the parties shall consider:
(a)
The extent to which the broadband facilities physically occupy the property;
(b)
The actual long-term damage the broadband facilities may cause to the property;
(c)
The extent to which the broadband facilities would interfere with the normal use and enjoyment of the property;
(d)
The monthly cost of utilities to service the provider's broadband facilities; and
(e)
The diminution or enhancement in value of the property resulting from the availability of the broadband internet service.
Added by 2024 Ch. 218,§ 1, eff. 8/7/2024.
2024 Ch. 218, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MEDICAL PROVIDER FEES (§§ 29-28-101 — 29-28-103) › Article 28 - MEDICAL PROVIDER FEES (§§ 29-28-101 — 29-28-103) › Section 29-28-101 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Medicaid reimbursement rates cover only approximately sixty-five percent of the actual costs incurred by service providers rendering services to medicaid recipients;
(b)
Low medicaid reimbursement rates and increased caseloads have caused the costs to shift within the health-care delivery system, resulting in higher medical costs for the general population;
(c)
The medicaid caseload continues to expand and, therefore, the need for providers to serve these medicaid recipients continues to increase;
(d)
Rising health-care costs are a primary concern for Colorado citizens and businesses;
(e)
It is therefore in the best interest of the state of Colorado to authorize local governments to impose a fee on certain medical providers to assist in financing medicaid costs and the disproportionate share hospital payments for providing medical services to low-income populations.
L. 2006: Entire article added, p. 885, § 1, effective May 5. L. 2008: (1)(e) amended, p. 928, § 2, effective May 20.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MEDICAL PROVIDER FEES (§§ 29-28-101 — 29-28-103) › Article 28 - MEDICAL PROVIDER FEES (§§ 29-28-101 — 29-28-103) › Section 29-28-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Department" means the department of health care policy and financing.
(2)
"Local government" means a county, home rule county, home rule or statutory city, town, territorial charter city, or city and county.
(2.5)
"Provider fee" means a licensing fee, assessment, or other mandatory payment that is related to health-care items or services as specified under
42 CFR 433.55
.
(3)
"Qualified provider" means a hospital licensed pursuant to section
25-3-101
, C.R.S., or a certified home health-care agency within the territorial boundaries of a local government.
(4)
(Deleted by amendment, L. 2008, p. 929, § 3, effective May 20, 2008.)
L. 2006: Entire article added, p. 886, § 1, effective May 5. L. 2008: (2.5) added and (3) and (4) amended, p. 929, § 3, effective May 20.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › IMMIGRATION STATUS - COOPERATION WITH FEDERAL OFFICIALS (§§ 29-29-101 — 29-37-210) › Article 29 - [Repealed] (§ 29-29-101) › Section 29-29-101 - to 29-29-103 - [Repealed]

L. 2013: Entire article repealed, (HB 13-1258), ch. 149, p. 478, § 2, effective April 26.
This article was added in 2006 and was not amended prior to its repeal in 2013. For the text of this article prior to 2013, consult the 2012 Colorado Revised Statutes.
For the legislative declaration in the 2013 act repealing this article, see section 1 of chapter 149, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › IMMIGRATION STATUS - COOPERATION WITH FEDERAL OFFICIALS (§§ 29-29-101 — 29-37-210) › Article 30 - REGULATION OF CIGARETTES, TOBACCO PRODUCTS, AND NICOTINE PRODUCTS (§ 29-30-101) › Section 29-30-101 - Regulation of cigarettes, tobacco products, and nicotine products

The city council of a statutory or home rule city or the town council of a statutory town may adopt an ordinance to regulate the possession or purchasing of cigarettes, tobacco products, or nicotine products, as defined in section
18-13-121(5)
, by a minor or to regulate the sale of cigarettes, tobacco products, or nicotine products to minors.
Added by 2019 Ch. 53,§ 3, eff. 7/1/2019.
L. 2019: Entire article added, (HB 19-1033), ch. 185, p. 185, § 3, effective July 1.