reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-223 - Publication of session laws

(1)
It is the duty of the revisor of statutes, upon approval by the speaker of the house and the president of the senate, to arrange and prepare for publication, immediately after the adjournment of each session of the general assembly, a copy of all the laws passed at such session, together with such resolutions and memorials passed at such session and furnished to the revisor of statutes for publication by the chief clerk of the house and the secretary of the senate, and all initiated and referred laws which have been passed by the vote of the people. The session laws shall contain a full index, a tabulation by Colorado Revised Statutes section numbers of all changes made to such statutes by amendment, repeal, or addition of new subject matter, and a disposition table by house and senate bill number to the session laws and to Colorado Revised Statutes. The revisor of statutes shall see that the printing and binding of the laws are well-executed. The contract and sales pertaining to such publication shall be handled in accordance with this article. The signature of the president of the senate, speaker of the house, and governor shall not be printed at the end of each law, but only the date of the approval by the governor shall be shown. The certificate of the contents of the session laws volumes shall be signed by the speaker of the house and the president of the senate.
(2)
If the committee on legal services finds that economy and efficiency will be achieved, the committee may combine the contract for the publication of session laws of Colorado with that for the publication of Colorado Revised Statutes, in which event the bid and contract provisions of this part 2 shall not apply, and the bid and contract provisions of article
5
of title
2
, C.R.S., shall apply.
(3)
The classification and arrangement by chapter, article, and number system of sections in any enactment of the general assembly printed in the session laws of Colorado, as well as the section titles or captions and other editorial matter included in the session laws, form no part of the legislative text enacted thereby. Such inclusion is only for the purpose of convenience, orderly arrangement, and information; therefore, no implication or presumption of a legislative construction is to be drawn therefrom.
L. 37: p. 957, § 26. CSA: C. 130, § 91. CRS 53: § 109-2-25. L. 55: p. 667, § 1. L. 61: p. 607, § 2. L. 63: p. 775, § 14. C.R.S. 1963: § 109-2-23. L. 69: p. 883, § 5. L. 72: p. 515, § 1. L. 73: p. 1413, § 82. L. 91: Entire section amended, p. 1905, § 4, effective May 24.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-224 - Official list - designation and disposition of session laws

(1)
The revisor of statutes shall prepare for approval by the committee on legal services an official list of the state, district, county, and municipal officials and agencies who shall receive for official use volumes of the session laws, including a sufficient number of volumes for exchange with other states and territories on a reciprocal basis; and the office of legislative legal services shall thereupon deliver such volumes to such officials and agencies, taking a receipt for each volume so delivered.
(2)
All volumes provided for official use shall remain the property of the state of Colorado for the use of such named officials and their successors and shall bear such designation.
L. 37: p. 958, § 27. CSA: C. 130, § 92. CRS 53: § 109-2-26. C.R.S. 1963: § 109-2-24. L. 64: p. 298, § 249. L. 69: p. 884, § 6. L. 75: (1) amended, p. 851, § 4, effective July 1. L. 88: (1) amended, p. 312, § 21, effective May 23.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-225 - Session laws - sale - price

Copies of the session laws of Colorado shall be sold by the publisher thereof at the cost price per copy purchased for use of the state plus twenty percent and delivery charges.
L. 37: p. 959, § 31. CSA: C. 130, § 96. CRS 53: § 109-2-30. C.R.S. 1963: § 109-2-28. L. 75: Entire section R&RE, p. 851, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-226 - Report of sales

The publisher, within one month after the opening of each regular session of the general assembly, shall report to the committee on legal services the total number of copies of the session laws printed, the number of copies in his hands after the distribution provided for in section
24-70-224
, and the number of copies sold by him.
L. 37: p. 960, § 32. CSA: C. 130, § 97. CRS 53: § 109-2-31. C.R.S. 1963: § 109-2-29. L. 75: Entire section amended, p. 851, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-227 - [Repealed]

L. 37: p. 960, § 33. CSA: C. 130, § 98. CRS 53: § 109-2-32. C.R.S. 1963: § 109-2-30. L. 75: Entire section repealed, p. 851, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-228 - Penalty

Any person violating any provision of this part 2, as well as any person consenting to such violation, commits a civil infraction.
Amended by 2021 Ch. 462, § 429, eff. 3/1/2022.
L. 37: p. 960, § 34. CSA: C. 130, § 99. CRS 53: § 109-2-33. C.R.S. 1963: § 109-2-31.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-229 - Publications of educational institutions

Publications of educational institutions, except publications issued by the institutions pursuant to a research contract, circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section
24-1-136
.
L. 15: p. 364, § 1. C.L. § 324. CSA: C. 153, § 64. CRS 53: § 124-1-5. C.R.S. 1963: § 109-2-33. L. 64: p. 170, § 136. L. 83: Entire section amended, p. 837, § 53, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (§§ 24-70-101 — 24-70-230) › Article 70 - Publication of Legal Notices and Public Printing (§§ 24-70-101 — 24-70-230) › Part 2 - PUBLIC PRINTING (§§ 24-70-201 — 24-70-230) › Section 24-70-230 - Remedies

Disputes arising in connection with the solicitation, award, or performance of contracts for public printing shall be resolved pursuant to the provisions of article
109
of this title.
L. 81: Entire section added, p. 1289, § 7, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71 - ELECTRONIC SIGNATURES (§ 24-71-101) › Section 24-71-101 - Electronic signatures - construction with other laws

(1)
As used in this article, "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(2)
In any written communication in which a signature is required or used, any party to the communication may affix a signature by use of an electronic signature that complies with the requirements of article
71.3
of this title for electronic signatures.
(3)
The use or acceptance of an electronic signature shall be at the option of the parties. Nothing in this section shall require any person to use or permit the use of an electronic signature.
(4)
In the event of any conflict between article
71.3
of this title and this article, said article 71.3 shall control, but only to the extent of such conflict.
L. 99: Entire article added, p. 1125, § 1, effective July 1; entire section amended, p. 1346, § 2, effective July 1. L. 2002: (1) and (2) amended and (4) added, p. 856, § 2, effective May 30.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.1 - [Repealed] (§ 24-71.1-101) › Section 24-71.1-101 - to 24-71.1-110 - [Repealed]

L. 2002: Entire article repealed, p. 857, § 3, effective May 30.
This article was added in 1999.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-101 - Short title

This article shall be known and may be cited as the "Uniform Electronic Transactions Act".
L. 2002: Entire article added, p. 845, § 1, effective May 30.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-104 - Prospective application

This article applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after May 30, 2002.
L. 2002: Entire article added, p. 848, § 1, effective May 30.
OFFICIAL COMMENT
This section makes clear that the Act only applies to validate electronic records and signatures which arise subsequent to the effective date of the Act. Whether electronic records and electronic signatures arising before the effective date of this Act are valid is left to other law.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-106 - Construction and application

(1)
This article must be construed and applied:
(a)
To facilitate electronic transactions consistent with other applicable law;
(b)
To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(c)
To effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
L. 2002: Entire article added, p. 849, § 1, effective May 30.
OFFICIAL COMMENT
1. The purposes and policies of this Act are
(a) to facilitate and promote commerce and governmental transactions by validating and authorizing the use of electronic records and electronic signatures;
(b) to eliminate barriers to electronic commerce and governmental transactions resulting from uncertainties relating to writing and signature requirements;
(c) to simplify, clarify and modernize the law governing commerce and governmental transactions through the use of electronic means;
(d) to permit the continued expansion of commercial and governmental electronic practices through custom, usage and agreement of the parties;
(e) to promote uniformity of the law among the States (and worldwide) relating to the use of electronic and similar technological means of effecting and performing commercial and governmental transactions;
(f) to promote public confidence in the validity, integrity and reliability of electronic commerce and governmental transactions; and
(g) to promote the development of the legal and business infrastructure necessary to implement electronic commerce and governmental transactions.
2. This Act has been drafted to permit flexible application consistent with its purpose to validate electronic transactions. The provisions of this Act validating and effectuating the employ of electronic media allow the courts to apply them to new and unforeseen technologies and practices. As time progresses, it is anticipated that what is new and unforeseen today will be commonplace tomorrow. Accordingly, this legislation is intended to set a framework for the validation of media which may be developed in the future and which demonstrate the same qualities as the electronic media contemplated and validated under this Act.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-111 - Notarization and acknowledgment

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
L. 2002: Entire article added, p. 851, § 1, effective May 30.
OFFICIAL COMMENT
This section permits a notary public and other authorized officers to act electronically, effectively removing the stamp/seal requirements. However, the section does not eliminate any of the other requirements of notarial laws, and consistent with the entire thrust of this Act, simply allows the signing and information to be accomplished in an electronic medium.
For example, Buyer wishes to send a notarized Real Estate Purchase Agreement to Seller via e-mail. The notary must appear in the room with the Buyer, satisfy him/herself as to the identity of the Buyer, and swear to that identification. All that activity must be reflected as part of the electronic Purchase Agreement and the notary's electronic signature must appear as a part of the electronic real estate purchase contract.
As another example, Buyer seeks to send Seller an affidavit averring defects in the products received. A court clerk, authorized under state law to administer oaths, is present with Buyer in a room. The Clerk administers the oath and includes the statement of the oath, together with any other requisite information, in the electronic record to be sent to the Seller. Upon administering the oath and witnessing the application of Buyer's electronic signature to the electronic record, the Clerk also applies his electronic signature to the electronic record. So long as all substantive requirements of other applicable law have been fulfilled and are reflected in the electronic record, the sworn electronic record of Buyer is as effective as if it had been transcribed on paper.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-113 - Admissibility in evidence

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
L. 2002: Entire article added, p. 852, § 1, effective May 30.
OFFICIAL COMMENT
Like Section 7, this section prevents the nonrecognition of electronic records and signatures solely on the ground of the media in which information is presented.
Nothing in this section relieves a party from establishing the necessary foundation for the admission of an electronic record. See Uniform Rules of Evidence 1001(3), 1002, 1003, and 1004.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-117 - Creation and retention of electronic records by political subdivisions

Each department, board, commission, authority, institution, or instrumentality of the state, in accordance with the policies, standards, and guidelines set forth by the office of information technology, may determine whether, and the extent to which, such department, board, commission, authority, institution, or instrumentality shall create and retain electronic records and convert written records to electronic records. A county, municipality, or other political subdivision, or any of their instrumentalities, shall have the general power, in relation to the administration of the affairs of a county, municipality, or other political subdivision, or any of their instrumentalities, to determine the extent to which it will create and retain electronic records and electronic signatures.
L. 2002: Entire article added, p. 855, § 1, effective May 30. L. 2006: Entire section amended, p. 1736, § 24, effective June 6.
OFFICIAL COMMENT
See Comments following Section 19 (§
24-71.3-119
).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-118 - Acceptance and distribution of electronic records by governmental agencies

(1)
Except as otherwise provided in section
24-71.3-112 (6)
, each department, board, commission, authority, institution, or instrumentality of the state in consultation with the office of information technology, created in section
24-37.5-103
, and the state archivist and in accordance with policies, standards, and guidelines set forth by the office may determine the extent to which such department, board, commission, authority, institution, or instrumentality shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. A county, municipality, or other political subdivision, or any of their instrumentalities, shall have the general power, in relation to the administration of the affairs of a county, municipality, or of their political subdivision, or any of their instrumentalities, to determine the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(2)
(Deleted by amendment, L. 2007, p. 916, § 14, effective May 17, 2007.)
(3)
Except as otherwise provided in section
24-71.3-112 (6)
, this article does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
(4)
Repealed.
L. 2002: Entire article added, p. 855, § 1, effective May 30. L. 2003: (1) amended and (2) RC&RE, p. 2642, §§ 1, 2, effective 1/1/2004. L. 2007: (1) and (2) amended, p. 916, § 14, effective May 17.
Subsection (4) provided for the repeal of subsections (2) and (4), effective December 31, 2002, unless the secretary of state certified that the secretary of state had received gifts, grants, or donations equaling at least two hundred thousand dollars to pay for the developmental costs associated with the implementation of House Bill 02-1326 by December 1, 2002. (See L. 2002, p. 855.) As of December 1, 2002, the secretary of state did not so certify. Subsection (2) was subsequently recreated in 2003 and deleted by amendment in 2007.
OFFICIAL COMMENT
See Comments following Section 19 (§
24-71.3-119
).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-120 - Severability clause

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are hereby expressly declared to be severable.
L. 2002: Entire article added, p. 856, § 1, effective May 30.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.3 - Uniform Electronic Transactions Act (§§ 24-71.3-101 — 24-71.3-121) › Section 24-71.3-121 - Construction with other laws

In the event of any conflict between article
71
of this title and this article, this article shall control, but only to the extent of such conflict.
L. 2002: Entire article added, p. 856, § 1, effective May 30.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-101 - Short title

This article may be cited as the "Uniform Electronic Legal Material Act".
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 501, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-103 - Applicability

This article applies to all legal material in an electronic record that is designated as official under section
24-71.5-104
and first published electronically on or after March 31, 2014.
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 502, § 1, effective August 8.
OFFICIAL COMMENT
This act is intended to complement, and not affect, an enacting state's existing public records or records management laws and practices, under which non-electronic legal material is preserved. This act does not affect a state's responsibility to preserve non-electronic legal material.
The UELMA applies to legal material designated as official and first published in an electronic record on or after the act's effective date in the enacting state. If, after the effective date, an enacting state republishes legal material in an electronic record that was previously not published in an electronic record, and if the state designates as official the newly republished legal material, the UELMA applies. This may occur, for example, when the state is transitioning a category of legal material from print to electronic format. If legal material as defined by the act is first published only in an electronic record subsequent to the effectiveness of the act, the state must meet the requirements of the UELMA.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-104 - Legal material in official electronic record

(1)
If an official publisher publishes legal material only in an electronic record, the publisher shall:
(a)
Designate the electronic record as official; and
(b)
Meet the requirements of sections
24-71.5-105
,
24-71.5-107
, and
24-71.5-108
.
(2)
An official publisher that publishes legal material in a record other than an electronic record may designate an electronic record as official if the requirements of sections
24-71.5-105
,
24-71.5-107
, and
24-71.5-108
are met.
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 502, § 1, effective August 8.
OFFICIAL COMMENT
This act does not direct a state to publish its legal material in any specific format or formats. The act leaves policy decisions regarding format of its legal material to the state.
There are no publication standards for legal information shared among the states at this time, and within a single state there may be multiple publishing practices for legal material. For example, today in a single state, the state's code may be published in a yearly paperback edition and electronically, court reports may be published in hardbound volumes, and the administrative regulations may be available in a looseleaf format or only in an electronic format. All states are transitioning from a print-only publishing environment to either an environment in which legal materials are published in a mix of formats or one in which legal materials are published in electronic format only. Many states publish the same legal material in both print and electronic formats. A state may designate as official as many formats of its legal material as it wishes. If legal material in an electronic record is designated as official, the requirements of the act must be met regardless of whether the state publishes the same legal material in another format.
As a matter of courtesy to the user of electronic legal material, if the electronic version is not designated as official, the state should include information that displays with the legal material that explains the source of or the procedure by which the public can obtain a copy of the official version of the legal material.
Where the legal material is published only in an electronic format, the official publisher is required to designate as official the electronic format. This is a common sense requirement; if legal material is available from the state government in one version only, it follows that that version must be official.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-106 - Effect of authentication

(1)
Legal material in an electronic record that is authenticated under section
24-71.5-105
is presumed to be an accurate copy of the legal material.
(2)
If another state has adopted an act substantially similar to this article, legal material in an electronic record designated as official and authenticated by that state is presumed to be an accurate copy of that legal material.
(3)
A party contesting the authentication of legal material has the burden of proving by a preponderance of the evidence that the legal material is not authentic.
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 503, § 1, effective August 8.
OFFICIAL COMMENT
The intent of this act is to provide the end-user of electronic legal material with a presumption that authenticated legal material is accurate. The act extends the same presumption to authenticated electronic legal material that is provided to legal material published in a book, and results in the same shift in the burden of proof as occurs when a party questions the accuracy of the print legal material. This is the legal outcome of authentication.
The act does not affect or supersede any rules of evidence, and leaves further evidentiary effect to existing state law and court rules. The presumption that authenticated electronic legal material is an accurate copy is not determinative of any criteria a court may wish to establish regarding admissibility and reliability of electronic legal material. Beyond any steps necessary to authenticate electronic information as required by Section 5, no burden is imposed on courts, lawyers, or other users.
Authentication provides only a presumption of accuracy, and a party disputing the accuracy of legal material in an authenticated electronic record can offer proof as to its inaccuracy. Authentication of an electronic record provides the same level of assurance of accuracy of the electronic record that publication in a printed book provides. Just as the reader of a book can look at the book to determine if the document has been altered, the user of electronic legal material can use the authentication method to determine if the electronic document has been altered.
This act does not affect the practice of certification, and courts retain discretion to require a certified copy to meet a particular evidentiary standard. Certification is a long-standing practice in which an official publisher reviews a printed document and adds a notarization or other verification that the document is an accurate copy of the original.
The act does not require electronic legal material from another state to be authenticated for use in the enacting state. However, if another state has adopted this act, the same presumption of accuracy applies to its authenticated electronic legal material. Widespread adoption of this act will further the recognition and use of electronic legal material.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-109 - Standards

(1)
In implementing this article, an official publisher of legal material shall consider:
(a)
Standards and practices of other jurisdictions;
(b)
The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;
(c)
The needs of users of legal material in an electronic record;
(d)
The views of governmental officials and entities and other interested persons; and
(e)
To the extent practicable, the use of methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are in harmony and compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted this article.
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 503, § 1, effective August 8.
OFFICIAL COMMENT
The language of this section, based on a similar provision in the Uniform Real Property Electronic Recording Act, requires consideration of standards and best practices for the authentication, preservation, and permanent access of electronic records. As private sector organizations, government agencies, and international organizations tackle these issues, their work may offer guidance to states as this act is implemented on an on-going basis. Like many other technology-related procedures, standards and best practices for management of electronic records are in a state of development and refinement. For example, appropriate information security is a key element of the authentication process, and security standards are currently being developed. The state's own standards should include a method to evaluate the effectiveness of the official publisher's implementation of this act.
Each enacting state is encouraged to consider a single system for authentication of, preservation and security of, and public access to its legal material. A single system will lead to financial and personnel efficiencies in implementation and maintenance, and avoid confusion on the part of the users. While each enacting state will determine its own practices, states are encouraged to communicate, coordinate, and collaborate in the development of authentication, preservation, and permanent access standards.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-110 - Uniformity of application and construction

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 504, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-111 - Relation to electronic signatures in global and national commerce act

This article modifies, limits, or supersedes the "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001 (c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003 (b)
.
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 504, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.5 - Uniform Electronic Legal Material Act (§§ 24-71.5-101 — 24-71.5-112) › Section 24-71.5-112 - Effective date

This article takes effect on March 31, 2014.
L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 504, § 1, effective August 8.
OFFICIAL COMMENT
This act applies to legal material in an electronic record designated as official and first published after the effective date of the act, as noted in Section 3. Additional time may be needed, beyond the usual date of effectiveness of its statutes, for a state to prepare policies and procedures to meet the requirements of authentication, preservation and public access of electronic legal material.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ELECTRONIC TRANSACTIONS (§§ 24-71-101 — 24-71.7-101) › Article 71.7 - ELECTRONIC FILING OF GOVERNMENT DOCUMENTS (§ 24-71.7-101) › Section 24-71.7-101 - Governmental entities - report to general assembly on electronic filings - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Committee" means the joint technology committee created in section
2-3-1702
.
(b)
"Department" means a principal department of the state as set forth in section
24-1-110
.
(c)
"Office" means the office of information technology created in section
24-37.5-103
.
(2)
On or before October 15, 2021, the office, in partnership with each department, shall file a report with the committee concerning each department's electronic filing capacity. The report must include, at a minimum, the following information:
(a)
What proportion of the documents required or allowed to be filed with the department, including each division, board, office, or other subdivision within the department, can currently be filed electronically;
(b)
What actions would be required to allow at least eighty percent of the documents allowed or required to be filed with the department to be filed electronically, including the estimated costs associated with such actions;
(c)
Any obstacles the office or the department would face implementing electronic filing for at least eighty percent of the documents allowed or required to be filed with the department; and
(d)
Any additional information or considerations affecting the ability of the office or the department to increase the number and type of filings the department can accept electronically.
(3)
On or before October 15, 2021, the governing body of each county and city and county shall file a report with the committee concerning the county's electronic filing capacity. The report must include, at a minimum, the following information:
(a)
What proportion of the documents required or allowed to be filed with the county, including each department, division, agency, board, office, or other subdivision of the county, can currently be filed electronically;
(b)
What actions would be required to allow at least eighty percent of the documents allowed or required to be filed with the county to be filed electronically, including the estimated costs associated with such actions;
(c)
Any obstacles the county would face implementing electronic filing for at least eighty percent of the documents allowed or required to be filed with the county; and
(d)
Any additional information or considerations affecting the county's ability to increase the number and type of filings the county can accept electronically.
Added by 2021 Ch. 215, § 2, eff. 9/7/2021.
2021 Ch. 215, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 21-1100, see section 1 of chapter 215, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-100.1 - [Repealed]

L. 2008: Entire section added, p. 1903, § 92, effective August 5. L. 2009: Entire section repealed, (SB 09 -292), ch. 369, p. 1968, § 78, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-101 - Records destroyed - certified copies rerecorded

Whenever it appears that the records, or any material part thereof, of any county in this state have been destroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing of whatever nature or character affecting real estate or irrigation ditches in such county, or certified copies thereof, may be rerecorded, and in recording the same the recorder shall record the certificate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof, and copies of any such record so authorized to be made under this section, duly certified by the recorder of any such county under his seal of office, shall be received in evidence and have the same force and effect as certified copies of the original record.
L. 1889: p. 302, § 1. R.S. 08: § 5269. C.L. § 5026. CSA: C. 135, § 1. CRS 53: § 113-1-1. C.R.S. 1963: § 113-1-1.
For certified copies of papers filed in office of county clerk and recorder as prima facie evidence, see § 30-10-413 ; for the rule of evidence relating certified copies of public records, see C.R.E. 902(4).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-103 - Costs and expenses of proceeding

All costs and expenses incurred in the proceeding under section
24-72-102
, including those for copies of maps, plats, and other records and recording the same, shall be taxed as costs against the county in which such proceedings are had.
L. 1889: p. 304, § 3. R.S. 08: § 5271. C.L. § 5028. CSA: C. 135, § 3. CRS 53: § 113-1-3. C.R.S. 1963: § 113-1-3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-104 - Purchase abstracts

(1)
It is the duty of the judge of such court to examine into the state of such records in such county, and, in case he finds any abstracts, copies, minutes, or extracts from said records existing after such loss or destruction and finds that said abstracts, copies, minutes, or extracts were fairly made before such destruction of the records by any person in the ordinary course of business and that they contain a material and substantial part of said records, the judge of such court shall certify the facts found by him in respect to such abstracts, copies, minutes, and extracts and also, if he is of the opinion, that such abstracts, copies, minutes, and extracts tend to show a connected chain of title to the land in said county; and, upon filing such certificate of such judge with the county clerk of the proper county, the board of county commissioners, with the approval of such judge, may purchase from the owners thereof such abstracts, copies, minutes, or extracts, or such part thereof as may tend to show a connected chain of title to the lands in such county, including all such judgments and decrees as form part of any such chain of title, paying therefor such fair and reasonable price as may be agreed upon between such board and such owner.
(2)
The amount thus agreed to be paid for such abstracts, copies, minutes, or extracts shall be paid by such county in money, bonds, or warrants, to be issued by such county as the board of county commissioners may determine; or said board, with the approval of said judge, may procure a copy of said abstracts, copies, minutes, and extracts, instead of the originals, to be paid for in like manner. If no agreement can be made between said board and the owners of such abstracts, copies, minutes, or extracts as to the amount that should be paid for the same, the board may apply to the judge of the court by filing with the clerk a petition for the purpose of ascertaining the compensation that shall be paid to the owners of said abstracts, copies, minutes, or extracts to be assessed, and the proceedings thereunder shall be in like manner, as near as may be, as provided in articles
1
to
7
of title
38
, C.R.S.
L. 1889: p. 304, § 4. R.S. 08: § 5272. C.L. § 5029. CSA: C. 135, § 4. CRS 53: § 113-1-4. C.R.S. 1963: § 113-1-4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-105 - Abstract books part of records - evidence

When any county is possessed of abstract books, copies, minutes, and extracts, they shall be placed in the office of the county clerk and recorder of said county as part of his records, and, if the abstract books are not alphabetically indexed showing grantors and grantees, he shall cause them to be indexed in the same manner as is provided for indexing original records. The county clerk and recorder shall be paid by the county such fees as are provided by law. If the original of any deed, mortgage, or other instrument in writing affecting the title of any land in said county is lost or destroyed and it is thus impossible for a party to produce the same in any judicial or other proceeding, a copy of the abstract books, copies, minutes, and extracts or any part thereof, duly certified by the county clerk and recorder of the county, shall be admissible as evidence in all courts of record in this state. It is the duty of the county clerk and recorder of the county to furnish to any parties so requesting certified copies of the same or parts thereof upon payment of the charges required by law.
L. 1889: p. 305, § 5. R.S. 08: § 5273. C.L. § 5030. CSA: C. 135, § 5. CRS 53: § 113-1-5. C.R.S. 1963: § 113-1-5. L. 73: p. 1413, § 83.
For fees of county clerk and recorders, see § 30-1-103 .
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-106 - Abstract books - use - presumptions

In all cases in which any abstract books, copies, minutes, and extracts, purchased and placed in the county clerk and recorder's office, are admissible and shall be received in evidence under the provisions of this part 1, all deeds or other instruments in writing appearing thereby to have been executed by any person or in which they appear to have joined, except as against any person in the actual adverse possession of the land described therein at the time of the destruction of the records of said county, claiming title thereto otherwise than under a sale for taxes or special assessments shall be presumed to have been executed and acknowledged according to law, and all sales under powers, judgments, decrees, or legal proceedings, sales for taxes and assessments excepted, shall be presumed to be regular and correct, except as against said person in actual adverse possession, and unless the abstracts, books, copies, minutes, and extracts show affirmatively some defect or irregularity. Otherwise, any person alleging any defect or irregularity in such conveyance, acknowledgment, or sale shall be held bound to prove the same.
L. 1889: p. 306, § 6. R.S. 08: § 5274. C.L. § 5031. CSA: C. 135, § 6. CRS 53: § 113-1-6. C.R.S. 1963: § 113-1-6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-107 - Abstract books, when notice

The abstracts, books, copies, minutes, and extracts, when so placed in the county clerk and recorder's office, shall be deemed notice of all deeds, mortgages, agreements in writing, powers of attorney, and other written instruments affecting or pertaining to the title of real estate, or any interest therein, appearing thereby to have been executed and recorded prior to the destruction of such records, in like manner and to the same intent as the records so destroyed. Nothing in this part 1 shall impair the effect of said destroyed records as notice.
L. 1889: p. 306, § 7. R.S. 08: § 5275. C.L. § 5032. CSA: C. 135, § 7. CRS 53: § 113-1-7. C.R.S. 1963: § 113-1-7.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 1 - RESTORATION AND EVIDENCE (§§ 24-72-100.1 — 24-72-113) › Section 24-72-108 - Jurisdiction of courts to make inquiry

In case of such destruction of records as provided for in sections
24-72-101
to
24-72-107
, the district court having jurisdiction has power to inquire into the condition of any title to or interest in any land in such county and to make all such orders, judgments, and decrees as are necessary to determine and establish said title or interest, legal or equitable, against all persons, known or unknown, and all liens existing on such lands, whether by statute, judgment, mortgage, deed of trust, or otherwise.
L. 1889: p. 307, § 8. R.S. 08: § 5276. C.L. § 5033. CSA: C. 135, § 8. CRS 53: § 113-1-8. C.R.S. 1963: § 113-1-8.