reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 6 - CONSOLIDATION (§§ 32-1-601 — 32-1-608) › Section 32-1-606.5 - Elector approval of financial obligations of consolidating districts

(1)
Whenever the board of a consolidating special district determines, by resolution, that the interest of the special district, the resulting consolidated district, and the public interest require that the obligation to pay and discharge any financial obligation, including accrued unfunded pension liability, remain the obligation of the taxpayers of said consolidating special district, the board shall request that the court order the submission of the proposition of treating the financial obligation as general obligation indebtedness to the electors of said consolidating district at the consolidation election. Such request shall be made to the court at the hearing held in accordance with section
32-1-602(2)(e)
and shall recite, as to each financial obligation to be submitted at the election:
(a)
The object and purpose for which the financial obligation was incurred or the pension plan to which the accrued unfunded liability attaches;
(b)
The estimated total cost of discharging the financial obligation;
(c)
The estimated term over which the financial obligation will be discharged and the estimated annual cost;
(d)
The initial mill levy necessary to pay the annual cost; and
(e)
Whether the consolidation is contingent upon approval of the financial obligation as debt.
(2)
If the court finds that the board's request complies with the requirements of subsection (1) of this section, the court shall grant the board's request and include in its order entered pursuant to section
32-1-602(2)(e)
, that the electors of the consolidating special district vote separately on each financial obligation proposed to be treated as debt.
(3)
If approved as debt by the electors at the consolidation election, the financial obligation of the consolidating special district, which becomes part of a consolidated district, shall be paid and discharged by the taxpayers having taxable property within the boundaries of the consolidating special district which incurred the obligation or maintained the pension plan to which the accrued unfunded liability attaches. The board of the consolidated district shall levy a general property tax annually for so long as may be necessary to retire the elector-approved debt.
(4)
Nothing in this section shall prevent a consolidated district from being bound by preconsolidation agreements which have been entered into between or among consolidating districts and which have become part of the terms and conditions of consolidation as set forth in the court order under section
32-1-603(4)
including the assumption of any or all of the financial obligations of the consolidating special districts by the consolidated special district.
L. 93: Entire section added, p. 563, § 2, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 6 - CONSOLIDATION (§§ 32-1-601 — 32-1-608) › Section 32-1-608 - Subsequent consolidations

Any consolidated district may initiate proceedings for the consolidation of one consolidated district with another special district, whether or not a consolidated district, as provided in section
32-1-602
. Such proceedings shall proceed in accordance with this part 6 without regard to the fact that the districts have been previously consolidated.
L. 81: Entire article R&RE, p. 1567, § 1, effective July 1.
This section is similar to former § 32-1-120 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 7 - DISSOLUTION (§§ 32-1-701 — 32-1-710) › Section 32-1-703 - Notice of filing petition

(1)
Upon filing of the petition for dissolution by the board with the court, the court shall give notice by publication reciting the fact that a petition for dissolution has been filed and reciting the applicable financial provision set forth under section
32-1-702(3)
and the applicable service provision set forth under section
32-1-702(4)
.
(2)
Such notice shall specify the time and place of a hearing, to be held within fifty days after filing of said petition, and shall provide that any interested party may appear and be heard on the sufficiency of the petition for dissolution or on the adequacy of the applicable financial and service provisions.
(3)
The court shall also forthwith cause a copy of said notice to be mailed to the board of county commissioners of each county having territory within the special district and to the governing body of each municipality having territory located within a radius of three miles of the special district boundaries.
L. 81: Entire article R&RE, p. 1570, § 1, effective July 1.
This section is similar to former §§ 32-1-605 and 32-3-125 as they existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 7 - DISSOLUTION (§§ 32-1-701 — 32-1-710) › Section 32-1-705 - Election notice

When an election is ordered by the court, the court shall give notice pursuant to section
1-13.5-510
, C.R.S.
Amended by 2016 Ch. 210, § 87, eff. 6/6/2016.
L. 81: Entire article R&RE, p. 1571, § 1, effective July 1. L. 92: Entire section amended, p. 883, § 119, effective 1/1/1993. L. 93: Entire section amended, p. 1439, § 135, effective July 1. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 787, § 87, effective June 6.
This section is similar to former § 32-1-607 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 7 - DISSOLUTION (§§ 32-1-701 — 32-1-710) › Section 32-1-706 - Conduct of election

It is the duty of the secretary to administer the election, subject to court supervision. The election shall be conducted pursuant to article
13.5
of title
1
.
Amended by 2021 Ch. 133, § 13, eff. 9/7/2021.
Amended by 2016 Ch. 210, § 88, eff. 6/6/2016.
L. 81: Entire article R&RE, p. 1571, § 1, effective July 1. L. 92: Entire section amended, p. 883, § 120, effective 1/1/1993. L. 2016: Entire section amended, (SB 16-189), ch. 787, p. 787, § 88, effective June 6. L. 2021: Entire section amended, (SB 21-160), ch. 542, p. 542, § 13, effective September 7.
This section is similar to former § 32-1-608 as it existed prior to 1981.
2021 Ch. 133, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 7 - DISSOLUTION (§§ 32-1-701 — 32-1-710) › Section 32-1-708 - Disposition of remaining funds - unpaid tax or levies

(1)
If services are to be continued within the special district, all funds remaining in the treasury of such special district in excess of all financial obligations and outstanding bonds shall be utilized, upon completion of the requirements for dissolution, to reduce the rates, tolls, fees, and charges fixed by the contracting municipality, county, intergovernmental authority formed and operated under part 2 of article
1
of title
29
, C.R.S., other special district, or regional service authority to finance the services continued in the special district. If services are not to be continued within the special district, such funds shall be divided among the municipalities and counties in which the special district is located, pro rata, as the valuation for assessment of taxable property in the parts of the special district lying in each municipality and unincorporated portions of each county bears to the total valuation for assessment of the taxable property of the special district as determined by the respective county assessors for the preceding tax year.
(2)
All outstanding and unpaid tax sales and levies of a dissolved special district shall be valid and remain a lien against the property against which they are assessed or levied until paid, subject, however, to the limitations of liens of tax certificates and of certificates of purchase provided by general law. The board of county commissioners has the same power to enforce the collection of all outstanding tax sales of the special district as the special district would have had if it had not been dissolved. Taxes paid or collected after dissolution shall be distributed in the same manner as provided in subsection (1) of this section.
L. 81: Entire article R&RE, p. 1573, § 1, effective July 1. L. 91: (1) amended, p. 797, § 4, effective April 10.
This section is similar to former § 32-1-612 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 7 - DISSOLUTION (§§ 32-1-701 — 32-1-710) › Section 32-1-709 - Dissolution of health service district - limitation

Any health service district organized pursuant to part 3 of this article may be dissolved in the manner provided in this part 7, but no such health service district shall be dissolved within a one-year period from the date of the entry of an order declaring said district organized or one year from the date of final determination of any petition to set aside such order, whichever date is later.
L. 81: Entire article R&RE, p. 1574, § 1, effective July 1. L. 96: Entire section amended, p. 474, § 15, effective July 1.
This section is similar to former § 32-5-215 as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 7 - DISSOLUTION (§§ 32-1-701 — 32-1-710) › Section 32-1-710 - Dissolution by administrative action

(1)
The division shall notify a special district by certified mail of the division's intent to certify the district dissolved if:
(a)
(I)
Except as provided in section
32-1-905
(2.5), the district has failed to hold or properly cancel an election pursuant to this article;
(II)
The district has failed to adopt a budget, pursuant to section
29-1-108
, C.R.S., for two consecutive years;
(III)
The district has failed to comply with part 6 of article
1
of title
29
, C.R.S., for two consecutive years; or
(IV)
The district has not provided or attempted to provide any of the services or facilities for which the district was organized for two consecutive years; and
(b)
The district has no outstanding financial obligations.
(2)
(a)
The division may declare the special district dissolved if, within thirty days of the notice provided pursuant to subsection (1) of this section, the district has failed to demonstrate to the division that the district has performed such statutory or service responsibility or will proceed to perform such responsibilities within a time period agreed to by the division and the district.
(b)
If the district has failed to hold or properly cancel an election, no board has been appointed pursuant to section
32-1-905
(2.5), and there will be no interruption of services being provided by the district, it shall be presumed that the district has failed to demonstrate to the division that it has performed its statutory or service responsibility or will proceed to perform such responsibilities.
(3)
Following the division's declaration of dissolution, the division shall submit the declaration to the court for certification of the district's dissolution. The court shall make a determination on the division's declaration within thirty days after the declaration has been submitted and shall order the disposition of the assets, if any, of the district in accordance with section
32-1-708
. In the event that the court determines that the district is not inactive, it may terminate the dissolution proceeding. The division shall give notice that it has applied to the court for certification of the declaration of dissolution to the following parties: The county clerk and recorder, the board of county commissioners, and the assessor of each county in which the district is located; the governing body of any municipality in which the special district is located; and the special district.
L. 85: Entire section added, p. 1021, § 7, effective July 1. L. 87: (1)(a)(I) and (2) amended, p. 1237, § 1, effective May 16. L. 90: (1)(a)(II) amended, p. 1436, § 4, effective 1/1/1991.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-801 - Legislative declaration - applicability

It is hereby declared that the orderly conduct of elections of special districts will serve a public use and will promote the health, safety, security, and general welfare of the people of the state of Colorado. Therefore, all elections shall be held pursuant to articles
1
to
13.5
of title
1
, C.R.S., unless otherwise provided.
Amended by 2016 Ch. 210, § 89, eff. 6/6/2016.
L. 92: Entire part R&RE, p. 884, § 122, effective 1/1/1993. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 787, § 89, effective June 6.
This section is similar to former § 32-1-801 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-802 - Acts and elections conducted pursuant to provisions which refer to qualified electors

Any elections, and any acts relating thereto, carried out under this part 8, which were conducted prior to July 1, 1987, pursuant to provisions which referred to a qualified elector rather than an eligible elector and which were valid when conducted, shall be deemed and held to be legal and valid in all respects.
L. 92: Entire part R&RE, p. 884, § 122, effective 1/1/1993.
This section is similar to former § 32-1-801.5 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-803 - Acts and elections conducted pursuant to provisions which refer to registered electors

Any elections and any acts relating to those elections, carried out under this part 8 which were conducted prior to July 1, 1992, and which were valid when conducted, shall be held to be legal and valid in all respects.
L. 92: Entire part R&RE, p. 884, § 122, effective 1/1/1993.
This section is similar to former § 32-1-801.5 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-803.5 - Organizational election - new special district

At any election for the organization of a new special district, the court shall also order the submission of the proposition of issuing general obligation bonds or creating other general obligation indebtedness or any question or questions necessary to implement section 20 of article X of the state constitution as applied to the new special district, if the petition filed pursuant to section
32-1-301
requests that such questions be submitted at the organizational election. The order of the court shall make the determinations required by section
32-1-1101(2) and (3)(a)
and require the designated election official appointed by the court pursuant to section
32-1-305.5(1)
to conduct the election in accordance with section 20 of article X of the state constitution.
Amended by 2014 Ch. 2,§ 31, eff. 2/18/2014.
L. 93: Entire section added, p. 1439, § 136, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 71, § 31, effective February 18.
This provision was added by House Bill 93-1255, chapter 258, Session Laws of Colorado 1993, as section
32-1-802(6)
but was renumbered on revision to give proper effect and location.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-804 - Board to conduct elections - combined election - time for special election

(1)
After a special district is organized and the first board is elected, the board shall govern the conduct of all subsequent regular and special elections of the special district and shall render all interpretations and make all decisions as to controversies or other matters arising in the conduct of the elections. The board in its discretion, but no more frequently than every four years, may reestablish the boundaries of director districts created pursuant to section
32-1-301 (2)(f)
so that the director districts have, as nearly as possible, the same number of eligible electors.
(2)
All powers and authority granted to the board by this part 8 for the conduct of regular or special elections may be exercised in the absence of the board by the secretary or by an assistant secretary appointed by the board. The person named by the board who is responsible for the conducting of the election shall be the designated election official.
L. 92: Entire part R&RE, p. 884, § 122, effective 1/1/1993.
This section is similar to former § 32-1-803 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-804.1 - [Repealed]

Repealed by 2014 Ch. 2,§51, eff. 2/18/2014.
L. 99: Entire section added, p. 449, § 3, effective August 4. L. 2014: Entire section repealed, (HB 14-1164), ch. 2, p. 77, § 51, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-804.3 - [Repealed]

Repealed by 2014 Ch. 2,§51, eff. 2/18/2014.
L. 99: Entire section added, p. 449, § 3, effective August 4. L. 2011: (4) amended, (HB 11-1124), ch. 105, p. 328, §1, effective April 13. L. 2014: Entire section repealed, (HB 14-1164), ch. 2, p. 77, § 51, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-805 - [Repealed]

Repealed by 2014 Ch. 2, § 51, eff. 2/18/2014.
L. 92: Entire part R&RE, p. 885, § 122, effective 1/1/1993. L. 94: (2) amended, p. 1195, § 100, effective July 1. L. 95: (2) amended, p. 859, § 109, effective July 1. L. 2007: (2) amended, p. 922, § 2, effective May 17; (1) amended and (4) added, p. 1191, § 10, effective July 1. L. 2009: (5) added, (SB 09 -087), ch. 325, p. 1732, § 4, effective September 1. L. 2011: (5)(b) amended and (5)(b.5) and (5)(b.7) added, (SB 11 -057), ch. 123, p. 385, § 1, effective April 20. L. 2013: (5)(a) repealed and (5)(b) amended, (HB 13-1303), ch. 185, pp. 752, 751, §§ 138, 133, effective May 10. L. 2014: Entire section repealed, (HB 14-1164), ch. 2, p. 77, § 51, effective February 18.
This section was similar to former § 32-1-803 as it existed prior to 1992.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-805.5 - Ranked voting methods

(1)
Notwithstanding any provision of this article to the contrary, a special district may use a ranked voting method, as defined in section
1-1-104
(34.4), C.R.S., to conduct a regular election to elect directors of the special district in accordance with section
1-7-1003
, C.R.S., and the rules adopted by the secretary of state pursuant to section
1-7-1004(1)
, C.R.S.
(2)
A special district conducting an election using a ranked voting method may adapt the requirements of the "Uniform Election Code of 1992", articles
1
to
13
of title
1
, C.R.S., including requirements concerning the form of the ballot, the method of marking the ballot, the procedure for counting ballots, and the form of the election judges' certificate, as necessary for compatibility with the ranked voting method.
L. 2008: Entire section added, p. 1253, § 5, effective August 5.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-806 - Persons entitled to vote at special district elections

(1)
No person shall be permitted to vote in any election unless that person is an eligible elector as defined in section
32-1-103 (5)(a)
.
(2)
Any person desiring to vote at any election as an eligible elector pursuant to section
32-1-103 (5)(a)(II)
shall sign a self-affirmation that the person is an elector of the special district. The self-affirming oath or affirmation must be on a form that contains in substance the following:
"I,
(printed name)
, who reside at
(address)
, am an elector of this
(name of special district)
district and desire to vote at this election. I do solemnly swear (or affirm) that I am registered to vote in the state of Colorado and qualified to vote in this special district election as:
_____ A resident of the district or area to be included in the district; or
_____ The owner of taxable real or personal property situated within the boundaries of the special district or area to be included within the special district; or
_____ A person who is obligated to pay taxes under a contract to purchase taxable property in the special district or the area to be included within the special district; or
_____ The spouse or civil union partner of
(name of spouse or civil union partner)
who is the owner of taxable real or personal property situated within the boundaries of the special district or area to be included within the special district.
I have not voted previously at this election.
Date ___________________
Signature of elector ________________________."
(3)
For electors who vote at any election by mail ballot, the affidavit on the envelope of the ballot as required by title 1, C.R.S., may be substituted for the self-affirming oath or affirmation required by subsection (2) of this section.
(4)
A person who completes the self-affirming oath or affirmation required by subsection (2) of this section shall be permitted to vote, unless such person's right to vote is challenged.
Amended by 2016 Ch. 173, § 79, eff. 5/18/2016.
Amended by 2014 Ch. 2, § 46, eff. 2/18/2014.
L. 92: Entire part R&RE, p. 885, § 122, effective 1/1/1993. L. 93: Entire section amended, p. 1439, § 137, effective July 1. L. 94: (2) amended, p. 1195, § 101, effective July 1. L. 95: (3) added, p. 859, § 110, effective July 1. L. 96: Entire section amended, p. 1772, § 74, effective July 1. L. 2007: (3) amended, p. 1798, § 72, effective June 1. L. 2014: (3) amended, (HB 14-1164), ch. 2, p. 75, § 46, effective February 18. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 592, § 79, effective May 18.
This section is similar to former § 32-1-804 as it existed prior to 1992.
(1) For the requirement of registration before voting in a primary, general, or congressional vacancy election, see § 1-2-201 . (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-807 - Nonapplicability of criminal penalties

Election offenses and penalties prescribed by parts 2 and 3 of article
13
of title
1
, C.R.S., do not apply to elections authorized under this title.
L. 92: Entire part R&RE, p. 885, § 122, effective 1/1/1993.
This section is similar to former § 32-1-833 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-901 - Oath or affirmation and bond of directors

(1)
Each director, within thirty days after his or her election or appointment to fill a vacancy, except for good cause shown, shall take an oath or affirmation in accordance with section
24-12-101
, except as otherwise required by this section. When an election is canceled in whole or in part pursuant to section
1-13.5-513
, each director who was declared elected shall take the oath or affirmation in accordance with section
24-12-101
, except as otherwise required by this section, within thirty days after the date of the regular election, except for good cause shown. The oath shall be filed with the clerk of the court and with the division.
(2)
At the time of filing said oath, each director shall file a bond at the expense of the special district, in an amount determined by the board of not less than one thousand dollars each, conditioned upon the faithful performance of his or her duties as director.
(3)
If any director fails to take an oath or affirmation in accordance with section
24-12-101
, except as otherwise required by this section, or furnish the requisite bond within the period allowed, except for good cause shown, his or her office shall be deemed vacant, and the vacancy thus created shall be filled in the same manner as other vacancies in the office of director.
Amended by 2018 Ch. 88,§ 31, eff. 8/8/2018.
Amended by 2016 Ch. 210,§ 91, eff. 6/6/2016.
L. 81: Entire article R&RE, p. 1586, § 1, effective July 1. L. 2001: (1) amended, p. 1004, § 15, effective August 8. L. 2016: (1) amended, (SB 16-189), ch. 210, p. 788, § 91, effective June 6. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 699, § 31, effective August 8.
This section is similar to former § 32-1-846 as it existed prior to 1981.
For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-902.7 - Director districts

(1)
The board may adopt a resolution to divide the district into director districts. A district with a five-member board may be divided into five director districts and a district with a seven-member board may be divided into seven director districts. Each director district must have, as nearly as possible, the same number of eligible electors and shall be as contiguous and compact as possible. In making the division, the board shall consider existing or potential developments within the proposed director districts that, when completed, would, in the reasonably near future, increase or decrease the number of eligible electors within the director district. The board shall then select from its members a representative of each director district, and if possible, the representative shall be an eligible elector from within a boundary of the director district they are selected to represent. Thereafter, directors must be eligible electors of the director district that they represent. If, after a reasonable time, the board determines that it is in the best interest of the district to revert to a single district format, the board may eliminate the director districts and thereafter operate as a single district by adopting a resolution.
(2)
If a board divides a district into director districts pursuant to subsection (1) of this section, the board shall also designate whether the directors representing the director districts must be elected at large, or by the eligible electors within each director district. If, after a reasonable time, the board determines that it is in the best interest of the district, the board may reverse this designation by adopting a resolution.
Added by 2021 Ch. 133,§14, eff. 9/7/2021.
L. 2021: Entire section added, (SB 21-160), ch. 542, p. 542, § 14, effective September 7.
2021 Ch. 133, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-904 - Office

The office of the special district shall be at some fixed place to be determined by the board.
L. 81: Entire article R&RE, p. 1587, § 1, effective July 1.
This section is similar to former § 32-4-207(1) as it existed prior to 1981.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-906 - Directors subject to recall - applicability of laws

(1)
Any director elected or appointed to the board of any special district who has actually held office for at least six months may be recalled from office by the eligible electors of the special district; except that a petition shall not be filed to recall a director whose office is up for election in less than six months from the date the petition is presented for filing. Except as provided in section
32-1-913
, a petition signed by the lesser of three hundred eligible electors or forty percent of the eligible electors demanding the recall of any director named in the petition must be filed in accordance with section
32-1-910
to initiate a recall election.
(2) to (5)
(Deleted by amendment, L. 92, p. 886, § 124, effective January 1, 1993.)
Amended by 2021 Ch. 282, § 80, eff. 6/21/2021.
Amended by 2018 Ch. 200, § 1, eff. 5/4/2018.
Amended by 2016 Ch. 313, § 18, eff. 8/10/2016.
Amended by 2014 Ch. 170, § 15, eff. 5/9/2014.
L. 81: Entire article R&RE, p. 1588, § 1, effective July 1. L. 88: (5) added, p. 296, § 11, effective May 29. L. 92: Entire section amended, p. 886, § 124, effective 1/1/1993. L. 2014: (1) amended, (SB 14-158), ch. 623, p. 623, § 15, effective May 9. L. 2016: (1)(a) amended and (1)(b.5) added, (HB 16-1442), ch. 1270, p. 1270, § 18, effective August 10. L. 2018: (1) amended, (HB 18-1268), ch. 1297, p. 1297, § 1, effective May 4. L. 2021: (1) amended, (SB 21-250), ch. 1672, p. 1672, § 80, effective June 21.
This section is similar to former § 32-1-847 as it existed prior to 1981.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-907 - Recall election - resignation

(1)
If a director subject to a recall petition offers a resignation, it shall be accepted, and the vacancy caused by the resignation, or from any other cause, shall be filled as provided by section
32-1-905 (2)
.
(2)
(Deleted by amendment, L. 92, p. 887, § 125, effective January 1, 1993.)
Amended by 2018 Ch. 200, § 2, eff. 5/4/2018.
Amended by 2014 Ch. 170, § 16, eff. 5/9/2014.
L. 81: Entire article R&RE, p. 1589, § 1, effective July 1. L. 92: Entire section amended, p. 887, § 125, effective 1/1/1993. L. 2014: (1) amended, (SB 14-158), ch. 170, p. 623, § 16, effective May 9. L. 2018: (1) amended, (HB 18-1268), ch. 200, p. 1298, § 2, effective May 4.
This section is similar to former § 32-1-848 as it existed prior to 1981.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-908 - Recall procedures

Procedures to recall a director of a special district are governed by this part 9.
Added by 2018 Ch. 200,§ 3, eff. 5/4/2018.
L. 2018: Entire section added, (HB 18-1268), ch. 200, p. 1298, § 3, effective May 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-912 - Incumbent not recalled - reimbursement - definition

(1)
If at any recall election the director whose recall is sought is not recalled, or if the hearing officer determines that a recall petition is not sufficient after a protest, the special district may reimburse the director sought to be recalled for his or her actual reasonable expenses.
(2)
A director sought to be recalled who requests reimbursement shall file a written request for reimbursement with the board of the special district. The request must include the date, amount, proof of payment, and purpose for each expense for which the director is requesting reimbursement. The board shall review the request and determine whether the expenses are reasonable expenses under subsection (3) of this section and whether to reimburse such expenses. If the special district determines to reimburse the submitted expenses, the special district shall issue payment within forty-five days of the receipt of the request.
(3)
(a)
For purposes of this section, "reasonable expenses" include, but are not limited to, money spent challenging the sufficiency of the recall petition and in presenting to the eligible electors the official position of the director sought to be recalled, including campaign literature.
(b)
"Reasonable expenses" do not include:
(I)
Money spent on challenges and court actions that are frivolous or are not related to the sufficiency of the recall petition;
(II)
Personal expenses for meals, lodging, and travel costs for the director sought to be recalled;
(III)
The costs of maintaining a campaign staff;
(IV)
Reimbursement for expenses incurred by a campaign committee that has solicited contributions;
(V)
Reimbursement of any kind for employees in the director's office; and
(VI)
All expenses incurred prior to the filing of the recall petition.
Added by 2018 Ch. 200,§ 3, eff. 5/4/2018.
L. 2018: Entire section added, (HB 18-1268), ch. 200, p. 1305, § 3, effective May 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-913 - Second recall petition

After one recall petition and election, no further petition shall be filed against the same director during the term for which the director was elected unless such a petition is signed by more than fifty percent of the eligible electors of the district.
Added by 2018 Ch. 200,§ 3, eff. 5/4/2018.
L. 2018: Entire section added, (HB 18-1268), ch. 200, p. 1306, § 3, effective May 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-914 - Powers of designated election official and county clerk and recorder

(1)
The designated election official shall render all interpretations and shall make all initial decisions as to controversies or other matters arising out of the operation of a recall election.
(2)
All powers and authority granted to the designated election official by this article 1 may be exercised by the county clerk and recorder in the absence of the designated election official or in the event the designated election official for any reason is unable to perform the duties of the designated election official.
Added by 2018 Ch. 200,§ 3, eff. 5/4/2018.
L. 2018: Entire section added, (HB 18-1268), ch. 200, p. 1306, § 3, effective May 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 9 - DIRECTORS - ORGANIZATION OF BOARD (§§ 32-1-901 — 32-1-915) › Section 32-1-915 - Costs of recall

The special district shall promptly pay the costs of the recall election, including the reasonable costs of the county clerk and recorder and designated election official, including but not limited to the costs of staff time, consultants, printing, and publication.
Added by 2018 Ch. 200,§ 3, eff. 5/4/2018.
L. 2018: Entire section added, (HB 18-1268), ch. 200, p. 1306, § 3, effective May 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 10 - GENERAL POWERS (§§ 32-1-1001 — 32-1-1009) › Section 32-1-1007 - [Effective Until 8/7/2024] Ambulance districts - additional powers - special provisions

(1)
In addition to the powers specified in section
32-1-1001
, the board of any ambulance district, unless provided in section
32-1-1002 (1)(c)
or
32-1-1003 (1)(b)
, has the following powers for and on behalf of such district:
(a)
To own, maintain, and operate ambulances and other vehicles and equipment necessary for the provision of emergency medical services in said district;
(b)
To provide emergency medical services by employees of the district, to provide a voluntary ambulance service, and to make contracts with individuals, partnerships, associations, or corporations or with other political subdivisions of the state or any combination thereof. For the purpose of this paragraph (b), "voluntary ambulance service" means an ambulance service which is operating not for pecuniary profit or financial gain and no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors, or officers.
(2)
An ambulance district may be composed of only one county of the state or a portion thereof or two or more contiguous counties of the state or portions thereof, and the district shall consist of contiguous territory within such county or counties. No ambulance district shall be established in any area in which there is a fire protection district or a health service district that is providing an ambulance service or in any municipality that is providing an ambulance service.
L. 83: Entire section added, p. 412, § 6, effective June 1. L. 96: (2) amended, p. 474, § 16, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 10 - GENERAL POWERS (§§ 32-1-1001 — 32-1-1009) › Section 32-1-1008 - Tunnel districts - additional powers - special provisions

(1)
In addition to the powers specified in section
32-1-1001
, the board of any tunnel district has the following powers for and on behalf of such district:
(a)
To acquire, construct, improve, equip, operate, maintain, and finance one or more tunnel projects;
(b)
To enter into contracts and agreements concerning the affairs of the tunnel district, including contracts with the United States, the state, any political subdivision of the state, any agency or instrumentality of any of the foregoing, and any private person, without taking bids therefor or otherwise awarding the same on a competitive basis, if in the opinion of the board, it is in the best interests of the tunnel district to so proceed;
(c)
To exercise the power of eminent domain and, in the manner provided by article
1
of title
38
, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the tunnel district, for the purposes of the acquisition, construction, improvement, equipping, operation, or maintenance, or any combination thereof, of one or more tunnels.
L. 87: Entire section added, p. 1232, § 3, effective May 13.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 10 - GENERAL POWERS (§§ 32-1-1001 — 32-1-1009) › Section 32-1-1009 - Regional tourism projects

(1)
In addition to the powers specified in this part 10, and notwithstanding any limitation on the powers of a metropolitan district otherwise specified in this part 10 or in the metropolitan district's service plan, any metropolitan district designated as an approved financing entity pursuant to part 3 of article
46
of title
24
, C.R.S., shall have all the powers necessary or convenient to carry out and effect its authority as a financing entity pursuant to part 3 of article
46
of title
24
, C.R.S., including but not limited to the power to receive state sales tax increment revenue and to disburse and otherwise utilize such revenue for all lawful purposes pursuant to part 3 of article
4
of title
24
, C.R.S. Such lawful purposes shall include but need not be limited to the financing of eligible costs and the design, construction, maintenance, and operation of eligible improvements as defined in section
24-46-303(5)
, C.R.S., or otherwise incorporated into the Colorado economic development commission's conditions of approval pursuant to part 3 of article
46
of title
24
, C.R.S.
(2)
Notwithstanding any provision of section
32-1-207
or of the metropolitan district's service plan, authorization to receive state sales tax increment revenue pursuant to part 3 of article
46
of title
24
, C.R.S., shall not be considered a material modification to the plan and corresponding changes to the plan may be made by the governing body to incorporate the use of state sales tax increment revenue of the metropolitan district without the requirement of petition to or approval by the board of county commissioners or the governing body of the municipality, as applicable.
(3)
Any metropolitan district receiving state sales tax increment revenue, whether pursuant to designation as a financing entity pursuant to part 3 of article
46
of title
24
, C.R.S., or pursuant to a contract entered into with any such entity, shall not use the state sales tax increment revenue to acquire property through the exercise of eminent domain.
L. 2009: Entire section added, (SB 09-173), ch. 434, p. 2419, §4, effective June 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 11 - FINANCIAL POWERS (§§ 32-1-1101 — 32-1-1108) › Section 32-1-1102 - [Repealed]

L. 81: Entire article R&RE, p. 1604, § 1, effective July 1. L. 86: Entire section repealed, p. 1027, § 8, effective 1/1/1987.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 11 - FINANCIAL POWERS (§§ 32-1-1101 — 32-1-1108) › Section 32-1-1104 - [Repealed]

L. 81: Entire article R&RE, p. 1607, § 1, effective July 1. L. 86: Entire section repealed, p. 1027, § 8, effective 1/1/1987.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 11 - FINANCIAL POWERS (§§ 32-1-1101 — 32-1-1108) › Section 32-1-1107 - [Effective 1/1/2025] Special financial provisions - fire protection districts

(1)
In addition to the powers specified in section 32-1-1101, the board of a fire protection district, referred to in this section as a "district", has the power, for and on behalf of the district, to levy a uniform sales tax, at a rate determined by the board, upon every transaction or other incident with respect to which a sales tax is levied by the state that occurs within any area of the district's jurisdiction, subject to the following limitations:
(a)
The board may levy the sales tax only if the question of levying the sales tax is submitted to and approved by a majority of the eligible electors of the district voting at a regular special district election or at a special election held on the Tuesday after the first Monday of November in an even-numbered year or on the first Tuesday of November in an odd-numbered year in accordance with this article 1, article 13.5 of title 1, and section 20 of article X of the state constitution. The ballot issue must provide that the sales tax to be levied shall be in addition to other taxes levied by the district. The district shall pay all costs of the election.
(b)
The net revenue of any sales tax levied may be used only to fund fire protection services in areas of the district in which the tax is to be levied.
(2)
The executive director of the department of revenue shall collect, administer, and enforce any sales tax levied by a district pursuant to part 2 of article 2 of title 29, as added and amended with relocated provisions in Senate Bill 24-025, enacted in 2024. The district shall pay the net incremental cost incurred by the department of revenue in the administration and collection of the sales tax.
(3)
Revenue raised by a district through the levy of a sales tax pursuant to this section is in addition to and shall not be used to supplant any funding that the district would otherwise be entitled to receive from the state or any subdivision thereof.
Added by 2024 Ch. 230,§ 5, eff. 1/1/2025.
2024 Ch. 230, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2024 Ch. 230, was passed without a safety clause. See Colo. Const. art. V, § 1(3).