reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-108 - Failure to file new bond - vacancy

If any officer or person enumerated in section
24-13-105
fails to file a new bond within the prescribed time when so required by an order entered of record requiring the filing of such new bond, the officer in default shall be deemed to have vacated his office, and the same steps shall be taken to fill such vacancy thus created as are taken to fill a vacancy by the death or resignation of such officer.
Amended by 2013 Ch. 41,§ 4, eff. 3/15/2013.
R.S. p. 486, § 10. G.L. § 1940. G.S. § 2486. R.S. 08: § 4687. C.L. § 7971. CSA: C. 117, § 9. CRS 53: § 99-1-8. C.R.S. 1963: § 99-1-8. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 4, effective March 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-109 - Release of sureties - notice

Any person who is the surety of any sheriff, coroner, county clerk and recorder, county treasurer, county surveyor, or other county officer shall have the power of releasing himself from further liability as such surety for such officer by filing in the office of the county clerk and recorder a notice that he is no longer willing to be surety for such officer. If the person so desiring to be released from such surety is suretyship for the county clerk and recorder, in addition to such filing of notice, he shall deliver a copy of the notice to the chairman of the board of county commissioners or, if he is absent, to some other member of said board.
Amended by 2013 Ch. 41,§ 5, eff. 3/15/2013.
R.S. p. 486, § 11. G.L. § 1941. G.S. § 2487. R.S. 08: § 4688. C.L. § 7972. CSA: C. 117, § 10. CRS 53: § 99-1-9. C.R.S. 1963: § 99-1-9. L. 64: p. 294, § 237. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 5, effective March 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-110 - Duty of county clerk and recorder

When any notice is filed with the county clerk and recorder, he shall immediately give notice thereof to such officer, who shall thereupon file other surety, to be approved by the board of county commissioners if the same is then in session or if a session thereof is commenced within ten days after notice has been given, but, if said board is not in session nor a session thereof is commenced within ten days thereafter, the officer within ten days shall file said bond with the county clerk and recorder, who shall judge of the sufficiency of said bond, subject to the decision and approval of said board of county commissioners at their first meeting thereafter. If such notice relates to the surety of the county clerk and recorder, it is the duty of the county commissioner to whom the copy of such notice is given immediately to require said clerk to file other surety to be approved by the board of county commissioners in like manner, but, if said board is not in session, the county commissioner to whom such notice may be given may approve such surety, subject to the decision and approval of the said board at its first meeting thereafter.
Amended by 2013 Ch. 41,§ 6, eff. 3/15/2013.
R.S. p. 487, § 12. G.L. § 1942. G.S. § 2488. R.S. 08: § 4689. C.L. § 7973. CSA: C. 117, § 11. CRS 53: § 99-1-10. C.R.S. 1963: § 99-1-10. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 6, effective March 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-111 - Effect of new bond - release

If a new bond is given by any officer, then the former sureties shall be entirely released and discharged from all liability incurred by any such officer as to any business which may have been transacted from and after the time of the approval of the new bond, and the sureties to the new bond shall be liable for all official delinquencies of said officer, whether of omission or commission, which may occur after approval of the new bond.
R.S. p. 487, § 14. G.L. § 1944. G.S. § 2490. R.S. 08: § 4691. C.L. § 7975. CSA: C. 117, § 13. CRS 53: § 99-1-12. C.R.S. 1963: § 99-1-12.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-112 - Embezzlement - vacancy

If any master, clerk of the district court, sheriff, coroner, county judge, county treasurer, county assessor, county clerk and recorder, or other officer embezzles or appropriates to his own use any money which may be paid to him by virtue of his office and is convicted therefor, the court pronouncing such judgment shall declare the office held by such officer to be vacant, and such vacancy shall be filled as provided by law.
R.S. p. 488, § 15. G.L. § 1945. G.S. § 2491. R.S. 08: § 4692. C.L. § 7976. CSA: C. 117, § 14. CRS 53: § 99-1-13. C.R.S. 1963: § 99-1-13. L. 64: p. 295, § 239.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-113 - Failure to file bond

It is the duty of such sheriff, coroner, county treasurer, county assessor, county clerk and recorder, or other officer, if he fails to give bond, to deliver over to his sureties forthwith all books, moneys, vouchers, papers, and every description of property whatever, pertaining to his office; and the sureties, at any time after failure to file bond, may maintain an action of replevin or other appropriate action to recover such property, money, or effects from their principal.
Amended by 2013 Ch. 41,§ 7, eff. 3/15/2013.
R.S. p. 488, § 16. G.L. § 1946. G.S. § 2492. R.S. 08: § 4693. C.L. § 7977. CSA: C. 117, § 15. CRS 53: § 99-1-14. C.R.S. 1963: § 99-1-14. L. 64: p. 295, § 240. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 7, effective March 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-114 - Officers failing to deliver, not to act - penalty

If any officer designated in section
24-13-105
fails to deliver any money, property, or effects to his sureties or acts or attempts to act in the performance of the duties of his office after failing to give a new bond, he is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars.
Amended by 2013 Ch. 41,§ 8, eff. 3/15/2013.
R.S. p. 488, § 17. G.L. § 1947. G.S. § 2493. R.S. 08: § 4694. C.L. § 7978. CSA: C. 117, § 16. CRS 53: § 99-1-15. C.R.S. 1963: § 99-1-15. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 114, § 8, effective March 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-115 - Effect of release of sureties

The provisions of this article shall not be so construed as to operate as a release of the sureties of any of the aforesaid officers for liabilities incurred previous to the filing of a new bond.
R.S. p. 488, § 18. G.L. § 1948. G.S. § 2494. R.S. 08: § 4695. C.L. § 7979. CSA: C. 117, § 17. CRS 53: § 99-1-16. C.R.S. 1963: § 99-1-16.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-116 - Approval of bonds - clerk of county board

The county treasurer, county assessor, county clerk and recorder, or any county officer shall file his official bond in the office of the county clerk and recorder, which bond shall be executed as required by law and shall be approved by the board of county commissioners in open session. If said board is not in session on the filing of such bond, then the county clerk and recorder shall judge of its sufficiency, subject to the final decision and approval of said board at its first meeting thereafter. If said board is not in session, the county clerk and recorder, in filing his bond, shall present the same to the chairman of the board of county commissioners or, in case of his absence or inability to act, to one of the other members of said board, who shall judge of its sufficiency, subject to the decision and approval of said board at its first meeting thereafter.
R.S. p. 488, § 20. G.L. § 1950. G.S. § 2496. R.S. 08: § 4697. C.L. § 7981. CSA: C. 117, § 19. CRS 53: § 99-1-17. C.R.S. 1963: § 99-1-17. L. 64: p. 296, § 241.
For approval of county surveyor's bond, see § 30-10-901.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-117 - Approval of bonds to be of record

It is the duty of the board of county commissioners to make an entry in the records of said board of its approval of all official bonds, and, when so approved by said board, the county clerk and recorder shall record the same in the records of said county for inspection by all persons.
R.S. p. 489, § 22. G.L. § 1952. G.S. § 2498. R.S. 08: § 4699. C.L. § 7983. CSA: C. 117, § 21. CRS 53: § 99-1-19. C.R.S. 1963: § 99-1-19.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-118 - Neglect to examine bonds - penalty

If any board of county commissioners willfully neglects to inquire and examine into the sufficiency of any of the official bonds named in this article, each member of the board is guilty of a public omission of duty and is liable in damages to any person who may receive injury by such neglect, to be recovered before any court of competent jurisdiction in this state by a civil action.
R.S. p. 489, § 23. G.L. § 1953. G.S. § 2499. R.S. 08: § 4700. C.L. § 7984. CSA: C. 117, § 22. CRS 53: § 99-1-20. C.R.S. 1963: § 99-1-20.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-119 - Officers shall not become sureties

No district judge, district attorney, county commissioner, county attorney, county clerk and recorder, or county judge shall become a surety on any official bond given by any county officer in this state.
L. 1879: p. 27, § 1. G.S. § 2501. R.S. 08: § 4702. C.L. § 7986. CSA: C. 117, § 24. CRS 53: § 99-1-22. C.R.S. 1963: § 99-1-22. L. 64: p. 296, § 242.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-120 - Forfeiture of office by becoming surety

No such officer shall become surety on any bond or obligation given to any board of county commissioners in this state. A violation of this section or section
24-13-119
shall work a forfeiture of any office held by such officer.
L. 1879: p. 27, § 2. G.S. § 2502. R.S. 08: § 4703. C.L. § 7987. CSA: C. 117, § 25. CRS 53: § 99-1-23. C.R.S. 1963: § 99-1-23.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-121 - Official bond payable to people

Every official bond of any county officer, if not otherwise provided by law, shall be payable to the people of the state of Colorado, and an action shall lie thereon to the use of any party aggrieved in the name of the people.
G.L. § 563. G.S. § 663. R.S. 08: § 4704. C.L. § 7988. CSA: C. 117, § 26. CRS 53: § 99-1-24. C.R.S. 1963: § 99-1-24.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-122 - [Repealed]

Repealed by 2018 Ch. 41,§3, eff. 8/8/2018.
L. 1889: p. 106, § 1. R.S. 08: § 4705. C.L. § 7989. CSA: C. 117, § 27. CRS 53: § 99-1-25. C.R.S. 1963: § 99-1-25. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 463, § 3, effective August 8.
For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-123 - [Repealed]

Repealed by 2018 Ch. 41,§4, eff. 8/8/2018.
L. 1889: p. 106, § 2. R.S. 08: § 4706. C.L. § 7990. CSA: C. 117, § 28. CRS 53: § 99-1-26. C.R.S. 1963: § 99-1-26. L. 72: p. 564, § 36. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 463, § 4, effective August 8.
(1) For perjury in the second degree, see §18-8-503. (2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-124 - Approval or rejection of bonds

Nothing in this section shall be construed to abridge, limit, or restrict the powers vested by law in boards of county commissioners to approve or reject, in their discretion, the bonds of county officers in their respective counties, to accept or refuse any surety offered thereon, and to require a new bond to be given in any case when they may deem the bond of any county officer insufficient from any cause for the public security.
Amended by 2018 Ch. 41,§ 5, eff. 8/8/2018.
L. 1889: p. 106, § 3. R.S. 08: § 4707. C.L. § 7991. CSA: C. 117, § 29. CRS 53: § 99-1-27. C.R.S. 1963: § 99-1-27. L. 2018: Entire section amended, (HB 18-1140), ch. 41, p. 463, § 5, effective August 8.
For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-125 - Official bonds - expense of premiums

Any state, county, municipal, district, or court officer required by law to give a bond or other obligation as such officer may include, as part of the lawful expenses of executing and performing the duties of his office, such reasonable premium as may be charged by a company authorized under the laws of this state so to do for becoming his surety on such bond or obligation and such reasonable premium as may be charged by such company for becoming surety upon the bond of any deputy, clerk, or employee of such officer who is required by law or by such officer to give bond. Such premium shall not exceed one-half of one percent per annum on the amount or penalty of each bond or obligation.
L. 19: p. 317, § 1. C.L. § 7992. CSA: C. 117, § 30. CRS 53: § 99-1-28. C.R.S. 1963: § 99-1-28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 13 - OFFICIAL BONDS (§§ 24-13-101 — 24-13-126) › Section 24-13-126 - Premiums, how paid

The expenses provided in section
24-13-125
, in the case of state officers and their deputies, clerks, or employees, shall be paid from the state treasury, and the general assembly shall make the necessary appropriations therefor. In the case of all other officers and their deputies, clerks, or employees, such expenses shall be paid from any fund provided by such county, municipality, district, precinct, or court for the payment thereof or for the payment of the incidental or contingent expenses of any such officer, or the same shall be paid by such officer from any fund in his possession from which he is authorized to pay the expenses or salaries of his office.
L. 19: p. 317, § 2. C.L. § 7993. CSA: C. 117, § 31. CRS 53: § 99-1-29. C.R.S. 1963: § 99-1-29.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 14 - LIABILITY - STATE AND COUNTY EMPLOYEES (§§ 24-14-101 — 24-14-105) › Section 24-14-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Agent" means any person duly authorized by an officer or employee to perform an act within the course of his service or employment.
(2)
"Employee" means any employee of the state or its governmental subdivisions.
(3)
"Officer" means any elected or appointed public official.
(4)
"State" means any agency or department of the state of Colorado, a county, or a city and county.
L. 62: p. 177, § 1. C.R.S. 1963: § 72-16-1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 14 - LIABILITY - STATE AND COUNTY EMPLOYEES (§§ 24-14-101 — 24-14-105) › Section 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.
L. 62: p. 178, § 3. C.R.S. 1963: § 72-16-3. L. 81: Entire section amended, p. 1291, § 16, effective 1/1/1982. L. 96: Entire section amended, p. 1516, § 47, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 14 - LIABILITY - STATE AND COUNTY EMPLOYEES (§§ 24-14-101 — 24-14-105) › Section 24-14-104 - Amount of coverage - limitations

(1)
The extent of the insurance coverage shall be limited as follows:
(a)
For any bodily injury and property damage to one person in any single occurrence, the sum of one hundred fifty thousand dollars;
(b)
For any bodily injury and property damage to two or more persons in any single occurrence, the sum of four hundred thousand dollars; except that, in such instance, no person may recover in excess of one hundred fifty thousand dollars.
L. 62: p. 178, § 4. C.R.S. 1963: § 72-16-4. L. 71: p. 1213, § 6. L. 72: p. 600, § 92. L. 81: (1) amended, p. 1152, § 2, effective April 30.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 14 - LIABILITY - STATE AND COUNTY EMPLOYEES (§§ 24-14-101 — 24-14-105) › Section 24-14-105 - Limitation of actions

No action arising against an officer, employee, or agent of the state or state governmental subdivision for which insurance coverage is provided in this article shall be brought unless the same is brought within the time period prescribed in section
13-80-102
or
13-80-102.5
, C.R.S., except as set forth in section
13-80-103(1)(b) and (1)(c)
, C.R.S.
L. 62: p. 178, § 6. C.R.S. 1963: § 72-16-6. L. 86: Entire section amended, p. 704, § 16, effective May 23. L. 88: Entire section amended, p. 627, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 15 - SEALS (§ 24-15-101) › Section 24-15-101 - Seals

Whenever this title requires the use of a seal in the performance of any duties, it shall be sufficient that a rubber stamp with a facsimile affixed thereon of the seal required to be used is placed or stamped with indelible ink upon the document requiring the seal.
L. 75: Entire article added, p. 489, § 5, effective July 14.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 15.5 - FLAG OF THE UNITED STATES (§ 24-15.5-101) › Section 24-15.5-101 - Display of flag of the United States - definitions

(1)
Any state agency that purchases a flag of the United States for display may only display such flag if it has been made in the United States.
(2)
For purposes of this article, "state agency" means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government.
L. 2008: Entire article added, p. 94, § 1, effective 9/11/2009.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-101 - Short title

This article shall be known and may be cited as the "Public Works Fiscal Responsibility Accounting Act of 1981".
L. 81: Entire article added, p. 1154, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-102 - Legislative declaration

The general assembly hereby finds, determines, and declares that there is a present need for information concerning the true cost of government public work projects which are performed in whole or in part by employees of or use of equipment, machinery, or materials owned by the state of Colorado.
L. 81: Entire article added, p. 1154, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Agency of government" means any state agency, department, division, board, bureau, commission, institution, or section which is a budgetary unit exercising purchasing authority or discretion.
(2)
"Contract" means any agreement for public works for a fixed or determinable amount duly awarded after advertisement and competitive bid.
(3)
"Cost" means the total cost of labor, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical and accounting services, the value of the use of equipment, including depreciation, owned by an agency of government, and reasonable estimates of other administrative costs not otherwise directly attributable to the project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4)
"Generally accepted cost accounting principles and standards" means those accounting principles and standards promulgated by the cost accounting standards board of the American institute of certified public accountants which pertain to contractors engaged in the performance of government contracts.
(5)
"Project" means any public work for which appropriation or expenditure of funds may be reasonably expected to exceed twenty-five thousand dollars in the aggregate for any fiscal year.
(6)
"Public work" means any construction, alteration, repair, or improvement of any land, building, structure, facility, road, highway, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety or maintenance programs for the upkeep of public roads, highways, or bridge structures; except that "public works" does not include routine maintenance that is not definable by a stop or start time or by geographical limits.
(7)
"Responsible agency of government" means the agency of government which has fiscal accountability for a project.
(8)
"Responsible official" means the person having overall responsibility, including delegated authority, for keeping the accounting records of the responsible agency of government.
L. 81: Entire article added, p. 1154, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-104 - Prohibition of division of works of public improvement construction

It is unlawful for any person to divide a works of public improvement construction into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this article.
L. 81: Entire article added, p. 1155, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-105 - Account and record of costs

Whenever an agency of government undertakes any public work project by any means or method other than by contract, it shall cause to be kept and preserved a full, true, and accurate record of the cost of such project. Such records shall be kept and maintained by a responsible official on behalf of the responsible agency of government. To the extent the responsible agency of government contracts with any other agency of government in connection with a project, such other agency shall provide all necessary data or information to enable the responsible agency of government to document a full, true, and accurate record of the cost of such project, which data or information shall be kept in an orderly manner by the responsible agency of government for a period of at least six years after completion of the project. All such records shall be considered public records and shall be made available for public inspection.
L. 81: Entire article added, p. 1155, § 1, effective July 1.
For the inspection of public records, see part 2 of article 72 of this title.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-106 - Rules and regulations

On or after July 1, 1981, but before January 1, 1982, the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article. In promulgating such rules and regulations, the controller may seek the advice of the advisory committee on governmental accounting appointed pursuant to section
29-1-503
, C.R.S., but the advice of such committee shall not be binding upon the controller. He shall at all times be concerned with the promulgation and implementation of rules and regulations concerning the obligation of agencies of government to keep certain project records, even if duplicative, in accordance with generally accepted cost accounting principles and standards. Upon request of local government officials, the department of personnel may assist local government officials in implementing cost accounting procedures.
L. 81: Entire article added, p. 1155, § 1, effective July 1. L. 95: Entire section amended, p. 640, § 32, effective July 1. L. 96: Entire section amended, p. 1516, § 48, effective June 1.
For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-107 - Audit

If any agency of government is alleged to be in violation of or in material noncompliance with this article 16 or the rules promulgated by the office of the state controller, the legislative audit committee must be advised, in writing, of the activities alleged to be in violation or noncompliance. The legislative audit committee shall give notice to the agency, which shall have ten days to respond to such allegation. If the said committee thereafter determines that there is a reasonable probability of a violation or material noncompliance, the committee shall take appropriate action and may direct the state auditor to conduct an audit and review of the records being kept by such agency. If the state auditor determines that the agency has violated or has not complied or is not complying with this article 16 or the rules, a written report shall be issued to the agency detailing the areas of violation or noncompliance and curative recommendations. The agency shall implement the recommendations of the state auditor within a time period set by the state auditor not to exceed six months.
Amended by 2017 Ch. 264,§ 67, eff. 5/25/2017.
L. 81: Entire article added, p. 1156, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1181), ch. 351, p. 1630, §25, effective June 7. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1401, § 67, effective May 25.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 16 - PUBLIC WORKS FISCAL RESPONSIBILITY ACCOUNTING ACT OF 1981 (§§ 24-16-101 — 24-16-108) › Section 24-16-108 - [Repealed]

L. 81: Entire article added, p. 1156, § 1, effective July 1. L. 86: Entire section repealed, p. 883, § 1, effective February 27.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 1 - STATE DEPARTMENT FINANCIAL RESPONSIBILITYAND ACCOUNTABILITY (§§ 24-17-101 — 24-17-104) › Section 24-17-101 - Short title

This part 1 shall be known and may be cited as the "State Department Financial Responsibility and Accountability Act".
L. 88: Entire article added, p. 897, § 1, effective July 1. L. 2004: Entire section amended, p. 1126, § 2, effective May 27.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 1 - STATE DEPARTMENT FINANCIAL RESPONSIBILITYAND ACCOUNTABILITY (§§ 24-17-101 — 24-17-104) › Section 24-17-102 - Control system to be maintained

(1)
Each principal department of the executive department of the state government listed in section
24-1-110
shall institute and maintain systems of internal accounting and administrative control within said department, which shall be applicable to all agencies within said department and which shall provide for:
(a)
A plan of organization that specifies such segregation of duties as may be necessary to assure the proper safeguarding of state assets;
(b)
Restrictions permitting access to state assets only by authorized persons in the performance of their assigned duties;
(c)
Adequate authorization and record-keeping procedures to provide effective accounting control over state assets, liabilities, revenues, and expenditures;
(d)
Personnel of quality and integrity commensurate with their assigned responsibilities;
(e)
An effective process of internal review and adjustment for changes in conditions.
L. 88: Entire article added, p. 897, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 1 - STATE DEPARTMENT FINANCIAL RESPONSIBILITYAND ACCOUNTABILITY (§§ 24-17-101 — 24-17-104) › Section 24-17-103 - Annual report to controller

Not later than December 31 of each year following April 9, 1988, the head of each principal department shall file, with the controller, the state auditor, and the governor, a written statement that the department's systems of internal accounting and control either do or do not fully comply with the requirements of section
24-17-102
. In the event that the statement filed indicates that the systems employed by the department are not in compliance with section
24-17-102
, the statement shall further detail specific weaknesses known to exist, together with plans and schedules for correcting any such weaknesses.
L. 88: Entire article added, p. 898, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 1 - STATE DEPARTMENT FINANCIAL RESPONSIBILITYAND ACCOUNTABILITY (§§ 24-17-101 — 24-17-104) › Section 24-17-104 - Public inspection

The report required under section
24-17-103
shall be available for inspection by members of the public, and the controller shall make copies available for that purpose upon request.
L. 88: Entire article added, p. 898, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 2 - STATE CONTINGENCY-BASED CONTRACTS (§§ 24-17-201 — 24-17-205) › Section 24-17-201 - Short title

This part 2 shall be known and may be cited as the "State Contingency-Based Contracts Act".
L. 2004: Entire part added, p. 1124, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 2 - STATE CONTINGENCY-BASED CONTRACTS (§§ 24-17-201 — 24-17-205) › Section 24-17-202 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Under certain circumstances, contingency-based contracts can benefit the state by reducing state agencies' fixed contractual costs and linking state agency expenditures to the achievement of desired results, but contingency-based contracts can also have unintended adverse consequences that impact state finances in ways that a contracting state agency might not foresee.
(b)
Contracting is a function of the executive branch of state government, but the power to appropriate state moneys is a legislative function, and it is necessary and appropriate to provide limited legislative guidance to the executive branch regarding contingency-based contracts in order to protect state finances and the appropriations process from possible unintended adverse effects of contingency-based contracts.
(2)
The general assembly further finds and declares that:
(a)
Existing statutes expressly authorize certain state agencies to enter into contingency-based contracts in specified circumstances, and these statutes reflect the considered judgment of the general assembly that contingency-based contracts are appropriate in those circumstances. It is not the intent of the general assembly to subject contingency-based contracts entered into pursuant to specific statutory authorization to the requirements of this part 2.
(b)
Because the office of state planning and budgeting is the executive branch agency that makes state economic forecasts for the executive branch and oversees the participation of the executive branch in the state budgeting process, it is the state agency best suited to determine, in accordance with the guidelines set forth in this part 2, whether a contingency-based contract not expressly authorized by statute is appropriate.
L. 2004: Entire part added, p. 1124, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 2 - STATE CONTINGENCY-BASED CONTRACTS (§§ 24-17-201 — 24-17-205) › Section 24-17-203 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Contingency-based contract" means a contract entered into by a state agency and a vendor for services that:
(a)
Requires all or part of the vendor's compensation to be computed by multiplying a stated percentage times the amount of measurable savings in the state agency's expenditures or costs of operation that are demonstrably attributable to the vendor's services under the contract; and
(b)
Is entered into without the authority of a state statute that specifically authorizes the agency to enter into such a contract.
(2)
"Office" means the office of state planning and budgeting created in section
24-37-102
.
L. 2004: Entire part added, p. 1125, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 2 - STATE CONTINGENCY-BASED CONTRACTS (§§ 24-17-201 — 24-17-205) › Section 24-17-204 - Review of contingency-based contracts by office of state planning and budgeting

(1)
No contingency-based contract shall be deemed valid unless the head of the principal department of state government entering into the contract or containing the agency entering into the contract submits the contract and an analysis of the contract to the office as required by paragraph (b) of subsection (2) of this section and the office approves the contract and transmits its approval in writing to the department. The state controller shall also promptly forward each contingency-based contract that it reviews pursuant to section
24-30-202
to the office.
(2)
(a)
Whenever a principal department of state government or another state agency enters into a contingency-based contract, the department or agency shall prepare an analysis of the contract that addresses:
(I)
The extent to which the contract requires the vendor's compensation to be computed on a contingency basis and the maximum potential contractual liability to pay contingency-based compensation to the vendor;
(II)
The extent to which it is necessary to offer contingency-based compensation to the vendor and the amount of any reduction in fixed contractual costs achieved by offering contingency-based compensation;
(III)
The extent to which the contractually specified performance measure used to determine contingency-based compensation is appropriate and capable of being accurately determined;
(IV)
The extent to which the contingency-based compensation specified in the contract might affect the state budgeting and appropriations process; and
(V)
Any other factors that the department or agency deems relevant to consider in evaluating the contract.
(b)
The head of a principal department of state government entering into a contingency-based contract or containing an agency entering into a contingency-based contract shall sign both the contract and the analysis prepared pursuant to paragraph (a) of this subsection (2) and shall submit both the contract and the analysis to the office so that the office may approve or disapprove the contract.
(c)
Upon receipt of a contingency-based contract and analysis, the office shall review and either approve or disapprove the contract. The office shall promptly transmit written notification of a decision to approve a contingency-based contract to the head of the principal department that submitted the contract to the office and the joint budget committee of the general assembly. The office shall promptly transmit written notification of a decision to disapprove a contingency-based contract only to the head of the principal department that submitted the contract to the office.
L. 2004: Entire part added, p. 1125, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 17 - STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY (§§ 24-17-101 — 24-17-205) › Part 2 - STATE CONTINGENCY-BASED CONTRACTS (§§ 24-17-201 — 24-17-205) › Section 24-17-205 - Existing legal requirements not superseded

The provisions of this part 2 shall not be construed to repeal, supersede, or otherwise affect any other statutory provisions that limit the use of or require review or approval of contingency-based contracts. Nothing in this part 2 shall be construed to authorize or prohibit a state agency from entering into a contingency-based contract in the absence of a statute that specifically authorizes the state agency to enter into such a contract.
L. 2004: Entire part added, p. 1126, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 18 - Standards of Conduct (§§ 24-18-101 — 24-18-309) › Part 1 - CODE OF ETHICS (§§ 24-18-101 — 24-18-113) › Section 24-18-101 - Legislative declaration

The general assembly recognizes the importance of the participation of the citizens of this state in all levels of government in the state. The general assembly further recognizes that, when citizens of this state obtain public office, conflicts may arise between the public duty of such a citizen and his or her private interest. The general assembly hereby declares that the prescription of some standards of conduct common to those citizens involved with government is beneficial to all residents of the state. The provisions of this part 1 recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances.
L. 88: Entire article added, p. 899, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 18 - Standards of Conduct (§§ 24-18-101 — 24-18-309) › Part 1 - CODE OF ETHICS (§§ 24-18-101 — 24-18-113) › Section 24-18-102 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Business" means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit.
(2)
"Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another.
(3)
"Employee" means any temporary or permanent employee of a state agency or any local government, except a member of the general assembly and an employee under contract to the state.
(4)
"Financial interest" means a substantial interest held by an individual which is:
(a)
An ownership interest in a business;
(b)
A creditor interest in an insolvent business;
(c)
An employment or a prospective employment for which negotiations have begun;
(d)
An ownership interest in real or personal property;
(e)
A loan or any other debtor interest; or
(f)
A directorship or officership in a business.
(5)
"Local government" means the government of any county, city and county, city, town, special district, or school district.
(6)
"Local government official" means an elected or appointed official of a local government, but does not include an employee of a local government. Local government official includes a member of the board of commissioners of any airport authority created pursuant to article
3
of title
41
.
(7)
"Official act" or "official action" means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority.
(8)
"Public officer" means any elected officer, the head of a principal department of the executive branch, and any other state officer. "Public officer" does not include a member of the general assembly, a member of the judiciary, any local government official, or any member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses.
(9)
"State agency" means the state; the general assembly and its committees; every executive department, board, commission, committee, bureau, and office; every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof; and every independent commission and other political subdivision of the state government except the courts.
Amended by 2023 Ch. 60,§ 6, eff. 8/7/2023.
L. 88: Entire article added, p. 899, § 1, effective July 1. L. 90: (1) amended, p. 447, § 10, effective April 18. L. 91: (8) amended, p. 837, § 1, effective March 29.
2023 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 18 - Standards of Conduct (§§ 24-18-101 — 24-18-309) › Part 1 - CODE OF ETHICS (§§ 24-18-101 — 24-18-113) › Section 24-18-103 - Public trust - breach of fiduciary duty

(1)
The holding of public office or employment is a public trust, created by the confidence which the electorate reposes in the integrity of public officers, members of the general assembly, local government officials, and employees. A public officer, member of the general assembly, local government official, or employee shall carry out his duties for the benefit of the people of the state.
(2)
A public officer, member of the general assembly, local government official, or employee whose conduct departs from his fiduciary duty is liable to the people of the state as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his trust. The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the general fund of the state or local government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such public officer, member of the general assembly, local government official, or employee.
L. 88: Entire article added, p. 900, § 1, effective July 1.