reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 109 - REMEDIES (§§ 24-109-101 — 24-109-505) › Part 5 - REMEDIES (§§ 24-109-501 — 24-109-505) › Section 24-109-504 - Appeals - remedies following an award

(1)
If the executive director or his or her designee determines that the solicitation or award is in violation of this code in any material respect, the executive director or his or her designee may cancel or terminate such solicitation or award, direct the purchasing agency to modify such solicitation or award to eliminate any violations, or if the procurement official determines that the solicitation or award is in the best interests of the state, the procurement official may submit the recommendation to ratify the solicitation or award to the executive director or his or her designee. If the executive director or his or her designee elects to ratify the solicitation or award, the aggrieved party who should have been awarded the contract under the solicitation, but was not, shall be entitled to costs as set forth in section
24-109-505
.
(2)
If, upon judicial review under section
24-109-205
, it is determined that a solicitation or proposed award is in violation of this code, the court shall direct the executive director to determine whether the best interests of the state require ratification, termination, or cancellation of the solicitation, award, or contract. The executive director or his or her designee shall issue a determination in writing, within ten business days of the court's direction, and direct the purchasing agency to comply with the determination. The determination of the executive director or his or her designee under the direction of the district court shall not be subject to further administrative or judicial appeal or review.
(3)
If the executive director or his or her designee ratifies a solicitation or award in violation of this code, the aggrieved party who should have been, but was not, awarded the contract under the solicitation shall be entitled to costs as set forth in section
24-109-505
.
L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 109 - REMEDIES (§§ 24-109-101 — 24-109-505) › Part 5 - REMEDIES (§§ 24-109-501 — 24-109-505) › Section 24-109-505 - Costs

When a protest is sustained by the procurement official or upon administrative or judicial review and the aggrieved party should have been, but was not, awarded the contract under the solicitation, the aggrieved party shall be entitled to only the reasonable costs incurred in connection with the solicitation, including bid preparation costs. Reasonable costs shall not include attorney fees. No other costs shall be permitted. These costs shall be paid from funds appropriated or otherwise made available to the using agency that is determined to be responsible for the violation of the code. Such determination shall be made by the procurement official in connection with a protest and by the executive director in connection with an appeal.
L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 346, § 51, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 1 - DEFINITIONS (§ 24-110-101) › Section 24-110-101 - [Repealed]

Amended by 2017 Ch. 99, § 76, eff. 8/9/2017.
L. 81: Entire article added, p. 1282, § 1, effective 1/1/1982. L. 95: (5) amended, p. 663, § 95, effective July 1. L. 96: (5) amended, p. 1540, § 123, effective June 1. L. 2009: (3.5) added, (HB 09 -1088), ch. 11, p. 74, § 1, effective August 5. L. 2017: (1) to (5) repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
(1) Section 76 of HB 17-1051 repealed all of the subsections (1) to (5) of this section; however, it did not repeal the introductory portion. Under the authority granted the revisor of statutes in section
2-3-703
to correct obvious errors in the statutes, the introductory portion to this section was deleted.
(2) This section was relocated to §
24-101-301
in 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-202 - Sale, acquisition, or use of supplies by a public procurement unit

Any public procurement unit may sell to, acquire from, or use any supplies belonging to another public procurement unit or external procurement unit independent of the requirements of article
103
of this title 24.
Amended by 2017 Ch. 99, § 53, eff. 8/9/2017.
L. 81: Entire article added, p. 1282, § 1, effective 1/1/1982. L. 86: Entire section amended, p. 755, § 7, effective 7/1/1987. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 347, § 53, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-203 - Cooperative use of supplies or services

Any public procurement unit may enter into an agreement, independent of the requirements of article
103
of this title 24, with any other public procurement unit or external procurement unit for the cooperative use of supplies or services under the terms agreed upon between the parties.
Amended by 2017 Ch. 99, § 54, eff. 8/9/2017.
L. 81: Entire article added, p. 1282, § 1, effective 1/1/1982. L. 86: Entire section amended, p. 756, § 8, effective 7/1/1987. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 347, § 54, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-204 - Joint use of facilities

Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement unit under the terms agreed upon between the parties.
Amended by 2017 Ch. 99, § 55, eff. 8/9/2017.
L. 81: Entire article added, p. 1283, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 347, § 55, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-205 - Supply of personnel, information, and technical services

(1)
Any public procurement unit is authorized, in its discretion, upon written request from another public procurement unit or external procurement unit, to provide personnel to the requesting public procurement unit or external procurement unit.
(2)
Informational, technical, and other services of any public procurement unit may be made available to any other public procurement unit or external procurement unit if the requirements of the public procurement unit tendering the services shall have precedence over the requesting public procurement unit or external procurement unit. The requesting public procurement unit or external procurement unit shall pay any expenses incurred in providing such services, in accordance with the agreement between the parties.
(3)
Upon request, the executive director through the division of local government, within the department of local affairs, may make available to local public procurement units and external procurement units the following items, including, but not limited to:
(a)
Standard forms;
(b)
Printed manuals;
(c)
Product specifications and standards;
(d)
Quality assurance testing services and methods;
(e)
Lists of qualified products;
(f)
Source information;
(g)
Lists of common use commodities;
(h)
Supplier prequalification information;
(i)
Supplier performance rating;
(j)
Lists of debarred and suspended bidders;
(k)
Forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions, and other contract forms; and
(l)
Contracts or published summaries of contracts, including price and time of delivery information.
(4)
The state, through the division of local government within the department of local affairs, may provide to local public procurement units and external procurement units technical services, including, but not limited to, the following:
(a)
The development of products specifications;
(b)
The development of quality assurance test methods including receiving, inspection, and acceptance procedures;
(c)
The use of product testing and inspection facilities; and
(d)
The use of personnel training programs.
Amended by 2017 Ch. 99, § 56, eff. 8/9/2017.
L. 81: Entire article added, p. 1283, § 1, effective 1/1/1982. L. 96: (3) amended, p. 1540, § 124, effective June 1. L. 2017: (1), (2), IP(3), and IP(4) amended, (HB 17-1051), ch. 99, p. 348, § 56, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-206 - Use of payments received by a supplying public procurement unit

All payments from any public procurement unit or external procurement unit that are received by a public procurement unit for supplying personnel or services shall be available for use as authorized by law or pursuant to fiscal rules.
Amended by 2017 Ch. 99, § 57, eff. 8/9/2017.
L. 81: Entire article added, p. 1284, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 348, § 57, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-207 - Public procurement units - compliance with code

Whenever the public procurement unit or external procurement unit that is administering a cooperative purchasing agreement complies with the requirements of this code, the public procurement unit that is participating in such agreement shall also be deemed to have complied with this code. No public procurement unit may enter into a cooperative purchasing agreement for the purpose of circumventing this code.
Amended by 2017 Ch. 99, § 58, eff. 8/9/2017.
L. 81: Entire article added, p. 1284, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 348, § 58, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-207.5 - Certification of certain entities as local public procurement units - rules - report

(1)
The executive director may certify any of the following entities as a local public procurement unit:
(a)
Any behavioral health safety net provider, as defined in section 27-50-101, any nonprofit case management agency, as defined in section 25.5-6-1702(2), or any nonprofit service agency, as defined in section 25.5-10-202 , if the entity uses the supplies, services, or construction procured for the public mental health system or the public developmental disability system;
(b)
Any nonprofit entity eligible to receive funds pursuant to section
24-32-705
or
24-32-717
, if the entity uses the supplies, services, or construction procured for the rehabilitation, construction, acquisition, or provision of low- or moderate-income housing; or
(c)
Any public benefit nonprofit entity, if the entity uses the supplies, services, or construction procured in the furtherance of its stated nonprofit purpose.
(2)
The executive director may adopt such rules as are necessary to implement the certification process required by this section.
(3)
Repealed.
Amended by 2022 Ch. 222, § 224, eff. 7/1/2024.
Amended by 2021 Ch. 83, § 16, eff. 7/1/2024.
Amended by 2017 Ch. 99, § 59, eff. 8/9/2017.
Amended by 2013 Ch. 323, § 36, eff. 3/1/2014.
L. 92: Entire section added, p. 1076, § 1, effective July 1. L. 96: Entire section amended, p. 1540, § 125, effective June 1. L. 2004: Entire section amended, p. 390, § 1, effective April 8. L. 2009: (1) amended and (3) added, (HB 09-1088), ch. 74, p. 74, § 2, effective August 5. L. 2010: (1)(a) amended, (SB 10-175), ch. 797, p. 797, § 56, effective April 29. L. 2013: (1)(a) amended, (HB 13-1314), ch. 1806, p. 1806, § 36, effective 3/1/2014. L. 2017: (2) amended, (HB 17 -1051), ch. 348, p. 348, § 59, effective August 9.
Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2011. (See L. 2009, p. 74 .)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 2 - COOPERATIVE PURCHASING (§§ 24-110-201 — 24-110-208) › Section 24-110-208 - Review of procurement requirements

To the extent possible, the executive director may collect information concerning the type, cost, quality, and quantity of commonly used supplies, services, or construction being procured or used by state public procurement units. The executive director, through the division of local government within the department of local affairs, may also collect such information from local public procurement units. The executive director may make available all such information to any public procurement unit upon request.
L. 81: Entire article added, p. 1284, § 1, effective 1/1/1982. L. 96: Entire section amended, p. 1540, § 126, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 110 - INTERGOVERNMENTAL RELATIONS (§§ 24-110-101 — 24-110-301) › Part 3 - CONTRACT CONTROVERSIES (§ 24-110-301) › Section 24-110-301 - Contract controversies

In the case of a cooperative purchasing agreement, controversies which arise between an administering public procurement unit and its bidders, offerors, or contractors may be resolved in accordance with article
109
of this title.
L. 81: Entire article added, p. 1284, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 111 - PREFERENCES IN AWARDING CONTRACTS - FEDERAL ASSISTANCE REQUIREMENTS (§§ 24-111-101 — 24-111-103) › Section 24-111-101 - Exemptions from prescribed methods of source selection

Notwithstanding the requirements of section
24-103-201
, state procurement contracts, where appropriate, shall be awarded as provided in sections
17-24-111
,
24-30-1203
, and
26-8.2-103
, C.R.S.
L. 81: Entire article added, p. 1284, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 111 - PREFERENCES IN AWARDING CONTRACTS - FEDERAL ASSISTANCE REQUIREMENTS (§§ 24-111-101 — 24-111-103) › Section 24-111-102 - Priorities among preferences

(1)
When two or more socioeconomic procurement programs are applicable to the same procurement, businesses benefitting from such programs shall be considered in the following order of precedence:
(a)
Correctional industries;
(b)
Industries for the visually impaired;
(c)
Industries for persons with severe disabilities.
L. 81: Entire article added, p. 1284, § 1, effective 1/1/1982. L. 93: (1)(c) amended, p. 1664, § 70, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 111 - PREFERENCES IN AWARDING CONTRACTS - FEDERAL ASSISTANCE REQUIREMENTS (§§ 24-111-101 — 24-111-103) › Section 24-111-103 - [Repealed]

Repealed by 2017 Ch. 99, § 77, eff. 8/9/2017.
L. 81: Entire article added, p. 1285, § 1, effective 1/1/1982. L. 96: Entire section amended, p. 1541, § 127, effective June 1. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 112 - EFFECTIVE DATE - APPLICABILITY (§ 24-112-101) › Section 24-112-101 - Effective date - applicability

(1)
This code shall take effect on January 1, 1982. The provisions of this code apply to contracts solicited or entered into on or after said date, although the parties to a contract may agree to the application of this code to a contract solicited or entered into prior to January 1, 1982.
(2)
Contracts validly entered into prior to January 1, 1982, and the rights, duties, and interests flowing from them remain valid on or after said date and may be terminated, performed, or enforced as required or permitted by any statute or other law amended or repealed by the enactment of this code as though such repeal or amendment had not occurred unless the parties agreed at the time of formation of such contract that the provisions of this code would apply.
L. 81: Entire article added, p. 1285, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-114-103) › Article 113 - STATE GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-113-105) › Section 24-113-101 - Legislative declaration

The general assembly hereby finds and declares that state government competes with the private sector when state government provides certain goods and services to the public. Recognizing this problem, it is the intent of the general assembly and the purpose of this article to provide additional economic opportunities to private industry and to regulate competition by state agencies, including institutions of higher education. To that end, it is the intent of the general assembly that neither the faculty nor administration of such institutions use research equipment or facilities purchased or provided with state funds to provide goods or services to the public for a fee when such action is in direct competition with private companies that provide similar goods or services.
L. 88: Entire article added, p. 985, § 1, effective April 22.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-114-103) › Article 113 - STATE GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-113-105) › Section 24-113-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Commission" means the Colorado commission on higher education.
(2)
"Institution of higher education" means a state-supported college, university, or community college.
(3)
"Invited guests" means persons who enter onto a campus for an educational, research, or public service activity and not primarily to purchase or receive goods and services not related to the educational, research, or public service activity for which such persons enter onto the campus.
(4)
"Private enterprise" means an individual, firm, limited liability company, partnership, joint venture, corporation, association, or any other legal entity engaging in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing, or advertising of goods or services for profit.
(5)
"State agency" means a department, office, commission, institution, board, or other agency of state government. Such term shall not include the Colorado state museum, the state historical society, or the Auraria higher education center established in article
70
of title
23
, C.R.S., nor shall such term include institutions of higher education.
L. 88: Entire article added, p. 985, § 1, effective April 22. L. 90: (4) amended, p. 449, § 24, effective April 18. L. 2012: (5) amended, (HB 12-1081), ch. 210, p. 907, § 16, effective August 8.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-114-103) › Article 113 - STATE GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-113-105) › Section 24-113-105 - [Repealed]

L. 88: Entire article added, p. 988, § 1, effective July 1; entire section amended, p. 1436, § 35, effective July 1. L. 97: Entire section repealed, p. 526, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-114-103) › Article 114 - Private Enterprise Employee Protection (§§ 24-114-101 — 24-114-103) › Section 24-114-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Disciplinary action" means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, corrective action, reprimand, admonishment, unsatisfactory or below standard performance evaluation, reduction in force, or withholding of work, or the threat of any such discipline or penalty.
(2)
"Disclosure of information" means the written provision of evidence to any person, or the testimony before any committee of the general assembly, regarding any action, policy, regulation, practice, or procedure regarding a private enterprise under contract with a state agency which, if not disclosed, could result in the waste of public funds, could endanger the public health, safety, or welfare, or could otherwise adversely affect the interests of the state.
(3)
"Employee" means any person employed by a private enterprise under contract with a state agency.
(4)
"Private enterprise under contract with a state agency" means any individual, firm, limited liability company, partnership, joint venture, corporation, association, or other legal entity which is a party to any type of state agreement, regardless of what it may be called, for the procurement or disposal of supplies, services, or construction for any department, office, commission, institution, board, or other agency of state government.
(5)
"Supervisor" means any person who supervises or is responsible for the work of one or more employees.
L. 88: Entire article added, p. 988, § 1, effective April 22. L. 90: (4) amended, p. 450, § 25, effective April 18.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-114-103) › Article 114 - Private Enterprise Employee Protection (§§ 24-114-101 — 24-114-103) › Section 24-114-102 - Retaliation prohibited

(1)
Except as provided in subsection (2) of this section, no appointing authority or supervisor of a private enterprise under contract with a state agency shall initiate or administer any disciplinary action against any employee on account of the employee's disclosure of information concerning said private enterprise. This section shall not apply to:
(a)
An employee who discloses information that he knows to be false or who discloses information with disregard for the truth or falsity thereof;
(b)
An employee who discloses information which is confidential under any other provision of law.
(2)
It shall be the obligation of an employee who wishes to disclose information under the protection of this article to make a good faith effort to provide to his supervisor or appointing authority or to a member of the general assembly the information to be disclosed prior to the time of its disclosure.
(3)
An entity under contract with a state agency shall not initiate or administer any disciplinary action against any employee on account of the employee's disclosure of information to the fraud hotline administered by the state auditor in accordance with section
2-3-110.5
; except that this subsection (3) does not apply to an employee who discloses information with disregard for the truth or falsity of the information.
Amended by 2017 Ch. 243, § 4, eff. 8/9/2017.
L. 88: Entire article added, p. 989, § 1, effective April 22. L. 2017: (3) added, (HB 17-1223), ch. 243, p. 1004, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE (§§ 24-113-101 — 24-114-103) › Article 114 - Private Enterprise Employee Protection (§§ 24-114-101 — 24-114-103) › Section 24-114-103 - Civil actions resulting from disciplinary actions or from disclosure of information

Any employee may bring a civil action in the district court alleging a violation of section
24-114-102
. If the employee prevails, the employee may recover damages, together with court costs, and the court may order such other relief as it deems appropriate.
L. 88: Entire article added, p. 989, § 1, effective April 22.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-101 - Short title

This article shall be known and may be cited as the "Critical State Needs Financing Act".
L. 2005: Entire article added, p. 745, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The population of the state has grown rapidly in recent years, and that growth has increased the burdens placed upon state and local governments.
(b)
The state and local governments have found it difficult to maintain existing infrastructure and to fully fund critical needs due to a decline in state revenues that resulted from an economic downturn and constitutional restrictions on state revenues and expenditures that impaired the ability of the state to fully recover from that decline in state revenues when economic conditions improved.
(c)
In enacting this article, it is the intent of the general assembly to provide an administrative framework for the state to use to incur voter-approved multiple-fiscal year financial obligations to be used to finance critical state needs as efficiently and effectively as possible.
L. 2005: Entire article added, p. 745 , § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Board" means the board of directors of the critical needs financing corporation.
(2)
"Commission" means the transportation commission created in section
43-1-106 (1)
, C.R.S.
(3)
"Corporation" means the critical needs financing corporation created in section
24-115-104 (1)
.
(4)
"Department" means the department of transportation created in section
43-1-103 (1)
, C.R.S.
(5)
"Excess state revenues" means revenues collected by the state during any state fiscal year in excess of the limitation on state fiscal year spending calculated pursuant to section 20 (7)(a) of article X of the state constitution and article
77
of this title.
(6)
"Executive director" means the executive director of the department.
(7)
"Issuing authority" means the department with respect to notes issued to finance transportation projects and the corporation with respect to notes issued for any other purpose.
(8)
"Notes" means voter-approved critical needs notes authorized to be issued in accordance with section
24-115-110 (1)
.
(9)
"Transportation projects" means projects identified and approved as strategic transportation projects included in the strategic transportation project investment program of the department by resolution of the commission, which resolution may be amended by further resolution.
L. 2005: Entire article added, p. 746, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-104 - Critical needs financing corporation - creation - composition of board of directors - powers

(1)
There is hereby created an independent public body politic and corporate to be known as the critical needs financing corporation. The corporation shall be a body corporate and an instrumentality of the state and shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, or agency of the state. Notwithstanding the service of elected officials of state government or employees of agencies of state government on the board, the corporation shall be treated and accounted for as a separate legal entity with separate corporate purposes as set forth in this article. Assets, liabilities, and funds of the corporation shall not be consolidated or commingled with assets, liabilities, or funds of the state or of any entity that is capable of being a debtor in a case under the United States bankruptcy code, title 11 of the United States Code, as amended, or any successor bankruptcy code. Assets of the corporation shall not be used to pay debts or financial obligations of the state.
(2)
(a)
The governing body of the corporation shall be a board of directors, which shall consist of the following five ex officio members:
(I)
The director of the office of state planning and budgeting;
(II)
The state controller;
(III)
The state treasurer;
(IV)
A member of the joint budget committee of the general assembly selected by and to serve at the pleasure of the members of the committee; and
(V)
The chair of the capital development committee of the general assembly or any successor committee.
(b)
Each ex officio member of the corporation may designate an official or employee of the member's agency or committee to represent the member at meetings of the corporation, and each designee may lawfully vote and otherwise act on behalf of the designating member.
(c)
A member of the board or a designee of a member of the board is immune from personal liability for any action taken by the member or designee that is within the scope of the board's authority under this article.
L. 2005: Entire article added, p. 747, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-105 - Organizational meeting - chair - personnel - surety note - conflict of interest

(1)
(a)
The director of the office of state planning and budgeting shall call and convene the initial organizational meeting of the board and shall serve as its chair pro tempore. At the meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the election or appointment of officers, the delegation of certain powers and duties to any executive officer or other agent of the board, and such other matters as the board deems proper. At the meeting, and annually thereafter, the board shall elect one of its members as chair.
(b)
The board shall appoint an executive officer and such other personnel as it deems necessary. The executive officer shall have expertise in the area of public finance and shall have any powers specified in this article or delegated by the board in accordance with this article. The executive officer and any other personnel appointed by the board shall not be members of the board, shall serve at the board's pleasure, and shall receive no compensation for their services.
(2)
The executive officer or any other person designated by the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, papers filed with the board, minute books or journals of the board, and its official seal. The executive officer or designated person may cause copies to be made of all minutes and other records and documents of the board and may give certificates under the official seal of the corporation to the effect that such copies are true copies and all persons dealing with the corporation may rely on such certificates.
(3)
The board may delegate, by resolution, to one or more of its members, to its executive officer, or to an indenture trustee or any other third party to whom the board has assigned any rights of the corporation, such powers and duties as it may deem proper and to its executive officer or any other person designated by the board, the power to set the interest rates and other terms of any particular note issue and to invest proceeds of notes held by a commercial bank or trust company having full trust powers, subject to such limitations as shall be prescribed by the board by resolution.
(4)
The executive officer and any other personnel appointed by the board are immune from personal liability for any actions taken by them that are within the scope of the authority granted to them by this article or delegated to them by the board.
L. 2005: Entire article added, p. 747, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-106 - Meetings of board - quorum - expenses

(1)
Three members of the board shall constitute a quorum for the purpose of conducting business and exercising the board's powers. Action may be taken by the board upon the affirmative vote of three members of the board. A vacancy in the membership of the board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(2)
Each meeting of the board, for any purpose whatsoever, shall be open to the public and records of the corporation shall be subject to the open records law under article
72
of this title. However, the board may go into executive session as permitted pursuant to section
24-6-402
. Notice of meetings shall be as provided in the bylaws of the corporation. If a meeting of the board is called for the sole purpose of adopting resolutions authorizing the issuance of notes by the corporation, one or more members of the board may participate in the meeting and may vote on the resolutions through the usage of telecommunications devices, including, but not limited to, the usage of a conference telephone or similar communications equipment. Participation through telecommunications devices shall constitute presence in person at such meeting, but use of telecommunications shall not supersede any requirements for public hearing otherwise provided by law. Resolutions need not be published or posted, but resolutions and all proceedings and other acts of the board are public records.
(3)
Members of the board shall receive no compensation for services but shall be entitled to the necessary expenses, including travel and lodging expenses, incurred in the discharge of their official duties. Any payments for expenses shall be paid from the critical needs fund, created in section
24-115-111
.
L. 2005: Entire article added, p. 748, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-107 - General powers of corporation

(1)
In addition to any other powers specifically granted to the corporation in this article, the corporation has the following powers:
(a)
To have perpetual existence and succession as a body politic and corporate;
(b)
To adopt, amend, or repeal bylaws for the regulation of its affairs and the conduct of its business, consistent with the provisions of this article;
(c)
To sue and be sued;
(d)
To have and to use a seal and to alter the same at its pleasure;
(e)
To maintain an office at such place as it may designate;
(f)
To borrow no more than two hundred fifty thousand dollars from a private sector financial institution, or from the state, at prevailing interest rates, for the purpose of defraying expenses of the corporation incurred prior to the issuance of any notes pursuant to this article. The final repayment date of any borrowing shall be no later than the last day of the state fiscal year in which the borrowing is undertaken, and any certificate, trust indenture, or other instrument providing for the borrowing shall expressly state that the borrowing shall be repaid on or before that date.
(g)
To issue note anticipation notes for the purpose of raising no more than two hundred fifty thousand dollars to defray expenses of the corporation incurred prior to the issuance of any notes pursuant to this article. The final maturity date of any note anticipation notes shall be no later than the last day of the state fiscal year in which the anticipation notes are issued, and any certificate, trust indenture, or other instrument providing for the issuance of anticipation notes shall expressly state that the anticipation notes shall be repaid on or before that date.
(h)
To make and execute contracts, including, but not limited to, trust agreements, trust indentures, note purchase agreements, tax regulatory agreements, continuing disclosure agreements, ancillary financial facilities, and all other instruments necessary or convenient for the exercise of its powers and functions under this article; and
(i)
To do all things necessary and convenient to carry out the purposes of this article. The powers granted to the corporation shall be liberally construed to effect the purposes of this article. However, the corporation shall not undertake any enterprise, operations, or business other than the issuance of notes as authorized by this article.
L. 2005: Entire article added, p. 749, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-108 - Corporate fiscal year - account of activities and receipts for expenditures - report - audit

The fiscal and budget year for the corporation shall commence on July 1 and end on June 30 of each year. The corporation shall keep an accurate account of all its activities and of all its receipts and expenditures and shall submit an annual report that sets forth a complete and detailed operating and financial statement of the corporation for the most recently ended fiscal year to the joint budget and legislative audit committees of the general assembly or any successor committees no later than January 15 of any year in which notes remain outstanding. The state auditor may investigate the affairs of the corporation, examine the properties and records of the corporation, and prescribe methods of accounting and the rendering of additional periodical reports in relation to the undertakings of the corporation.
L. 2005: Entire article added, p. 750, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-109 - Limitation on power of corporation to declare bankruptcy

Notwithstanding any other provision of law, the corporation is not authorized to be, and no public officer, organization, entity, or other person shall authorize the corporation to be, a debtor in a case under the United States bankruptcy code, title 11 of the United States Code, to make an assignment for the benefit of creditors or to become the subject of any similar case or proceeding. The state hereby covenants with the holders of any notes issued pursuant to this article that the state will not limit or alter the prohibition on the filing of voluntary bankruptcy petitions set forth in this section until one year and one day after the corporation no longer has any notes outstanding. The corporation and any trust established by the corporation are hereby authorized to include this covenant as an agreement of the state in any contract with the note holders of the corporation.
L. 2005: Entire article added, p. 750, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-112 - Notes legal investments

All banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any moneys within their control in any notes issued in accordance with this article. Public entities, as defined in section
24-75-601 (1)
, may invest public funds in notes only if the notes satisfy the investment requirements established in part 6 of article
75
of this title.
L. 2005: Entire article added, p. 755, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-113 - Exemption from taxation

Except as otherwise provided in this section, the income from notes issued pursuant to this article is exempt from all taxation and assessments in the state. In the certificate, indenture of trust, or other instrument authorizing the issuance of notes, the board or the executive director may waive the exemption from federal or state income taxation for interest on the notes.
L. 2005: Entire article added, p. 755, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-114 - No action maintainable

An action or proceeding at law or in equity to review any act or proceeding or to question the validity or enjoin the performance of any act or proceeding or the issuance of any notes or for any other relief against or from any act or proceeding done under this article, whether based upon irregularities or jurisdictional defects, shall not be maintained unless commenced within thirty days after the performance of the act or proceeding or the effective date thereof, whichever occurs first, and is thereafter perpetually barred.
L. 2005: Entire article added, p. 755, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-115 - Annual reports

(1)
No later than January 15 of any year in which notes issued pursuant to this article are outstanding or any moneys are in the critical needs fund, each issuing authority shall submit a report to the members of the joint budget committee of the general assembly and the members of the legislative audit committee of the general assembly that includes, at a minimum, the following information:
(a)
The total amount of notes issued by the issuing authority pursuant to this article;
(b)
The total and itemized amounts of gross note proceeds received from the issuance of notes, note proceeds and earnings thereon expended, and moneys credited to the critical needs fund; and
(c)
The total amount of moneys expended from the critical needs fund in each state fiscal year for the payment of notes issued by the issuing authority pursuant to this article, the costs to the issuing authority associated with the issuance and administration of the notes, the payment of principal and interest in connection with a borrowing pursuant to section
24-115-107 (1)(f)
or note anticipation notes issued pursuant to section
24-115-107 (1)(g)
, to pay necessary expenses of the board as authorized by section
24-115-106 (3)
.
L. 2005: Entire article added, p. 755, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-116 - Investments

(1)
Except as otherwise provided in subsection (2) of this section, proceeds from the issuance of notes may be invested in any manner in which public moneys generally may be invested as provided by section
24-75-601.1
or any other applicable law.
(2)
An issuing authority, in consultation with the state treasurer, may direct a corporate trustee that holds any proceeds from the issuance of notes or any other moneys paid to the trustee in connection with the notes or any other moneys relating to the notes or moneys in the fund to invest or deposit the proceeds or other moneys in investments or deposits other than those in which public moneys generally may be invested or deposited pursuant to section
24-75-601.1
or any other applicable law if the board or the executive director, in consultation with the state treasurer, determines that the investment or deposit meets the standard established in section
15-1-304
, C.R.S., the income is at least comparable to income available on investments or deposits of moneys in the state highway supplementary fund, and the investment will assist the department in the financing of the projects or purposes for which the notes were issued.
L. 2005: Entire article added, p. 756, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-117 - Construction of article

The powers conferred by this article shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this article shall not directly or indirectly modify, limit, or affect, the powers conferred to the department, the executive director, or the commission by the state constitution or by any other law.
L. 2005: Entire article added, p. 756, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-116-102) › Article 115 - FINANCING OF CRITICAL STATE NEEDS (§§ 24-115-101 — 24-115-118) › Section 24-115-118 - Voter approval required

Notwithstanding any other provision of this article, the corporation, the department, the board, and the executive director shall have the authority to issue notes and otherwise exercise the powers specified in this article only if voters statewide approve House Bill 05-1194, enacted at the first regular session of the sixty-fifth general assembly, at the November 2005 statewide election.
L. 2005: Entire article added, p. 756, § 1, effective June 1.
House Bill 05-1194 was approved by the voters on November 1, 2005, and became effective upon the proclamation of the Governor, December 16, 2005. The vote count for the measure was as follows:
FOR: 600,222
AGAINST: 552,662