reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 4 - LIBRARY GRANTS (§§ 24-90-401 — 24-90-408) › Section 24-90-407 - State grants to publicly supported libraries fund - creation - source of funds - appropriations - administrative costs

(1)
There is created in the state treasury the state grants to publicly supported libraries fund, which fund is administered by the state librarian and which consists of all moneys that the state librarian collects for purposes of this part 4 from federal grants and other contributions, grants, gifts, bequests, and donations received from individuals, private organizations, or foundations. The state librarian shall transmit the collected moneys to the state treasurer to be credited to the fund.
(2)
(a)
All moneys in the fund are subject to annual appropriation by the general assembly. In addition to any moneys credited to the fund, the general assembly may annually appropriate moneys to the department of education for the purposes of this part 4. For any given fiscal year, the state librarian shall expend no more than two and one-half percent of the moneys appropriated for this part 4 for the administrative costs of the state librarian in administering this part 4. For any given fiscal year, if the administrative costs amount to less than two and one-half percent of the amount appropriated, the state librarian may distribute the difference between an amount equal to two and one-half percent of the amount appropriated and the amount of administrative costs actually incurred to the regional library service system to assist publicly supported libraries in meeting the eligibility criteria under this part 4.
(b)
Repealed.
(3)
Notwithstanding any provision of this section to the contrary, on March 5, 2003, the state treasurer shall transfer the balance of moneys in the state grants to publicly supported libraries fund to the general fund.
Amended by 2015 Ch. 12, § 9, eff. 3/13/2015.
L. 2000: Entire part added, p. 1327, § 2, effective May 26. L. 2003: (3) added, p. 458, § 16, effective March 5. L. 2015: (1) and (2) amended, (SB 15-108), ch. 12, p. 30, § 9, effective March 13.
Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective July 1, 2016. (See L. 2015, p. 30 .)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 4 - LIBRARY GRANTS (§§ 24-90-401 — 24-90-408) › Section 24-90-408 - Additional sources of funding

Any eligible participant may pursue additional sources of funding for the financing of the purchase or use of educational resources, including, without limitation, grants, donations, or contributions from any other public or private source.
L. 2000: Entire part added, p. 1328, § 2, effective May 26.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-501 - Short title

This part 5 shall be known and may be cited as the "Library Capital Facilities Districts Act".
L. 2003: Entire part added, p. 2467, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-502 - Legislative declaration

The general assembly finds and declares that the organization of library capital facilities districts within library districts of the state, having the purposes and powers provided in this part 5, will serve a public purpose, will promote the health, safety, prosperity, security, and general welfare of the residents of said library districts and facilities districts, property owners within said library districts and facilities districts, and the people of the state generally, will promote the continued vitality of library services within library districts, and will be of special benefit to property located within the boundaries of any such facilities district created pursuant to this part 5.
L. 2003: Entire part added, p. 2467, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-503 - Definitions

As used in this part 5, unless the context otherwise requires:
(1)
"Board" means the board of trustees of a facilities district created pursuant to this part 5.
(2)
"Facilities district" means a library capital facilities district organized by a library district pursuant to this part 5 to provide library capital facilities within a library capital facilities area.
(3)
"Governing body" for the purposes of this part 5, means the board of trustees of a library district forming an area pursuant to this part 5.
(4)
"Library capital facilities" means any real or personal property, improvement, or facility, including, without limitation, land, buildings, site improvements, equipment, furnishings, or collections, that are directly related to any service that a library district is authorized to provide, together with any necessary costs related to the acquisition, construction, installation, operation, or maintenance of such property, improvement, or facility.
(5)
"Library capital facilities area" means the geographical division within a library district that is described in the resolution establishing a facilities district pursuant to this part 5. Notwithstanding any provision in this subsection (5) to the contrary, the library capital facility area may include a location designated by the library district, after public notice and hearing, as a location for the siting of new library capital facilities.
(6)
"Library district" has the same meaning as set forth in section
24-90-103 (6)
.
(7)
"Net effective interest rate" means the net interest cost of securities divided by the sum of the products derived by multiplying the principal amount of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.
(8)
"Net interest cost" means the total amount of interest to accrue on securities from their date to their respective maturities, less the amount of any premium above par, or plus the amount of any discount below par, at which said bonds are being or have been sold. In all cases, the net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.
L. 2003: Entire part added, p. 2467, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-504 - Authority of governing body

The board of trustees of the library district as the governing body of said district is hereby vested with jurisdiction, power, and authority to establish one or more facilities districts within the boundaries of the library district in which the library capital facilities are to be acquired, constructed, installed, operated, or maintained in accordance with the requirements of this part 5.
L. 2003: Entire part added, p. 2468, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-505 - Organization - preliminary resolution

(1)
The organization of a facilities district shall commence with a preliminary resolution of the board.
(2)
The preliminary resolution required by subsection (1) of this section shall specify:
(a)
The name of the proposed facilities district, which shall include a descriptive name of such district along with the words library capital facility district;
(b)
A general description of the boundaries of the proposed library capital facilities area; and
(c)
A general description of the library capital facilities to be acquired, constructed, installed, operated, or maintained in the proposed library capital facilities area by the proposed facilities district.
L. 2003: Entire part added, p. 2468, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-506 - Notice of hearing - disqualification of member of governing body

(1)
The governing body, as soon as possible after the adoption of the preliminary resolution, shall fix by order the place and time for a public hearing on the resolution, which hearing shall be held not less than twenty days or more than forty days after the adoption of the preliminary resolution. Thereupon, the governing body shall cause notice by publication to be made of the resolution and of the time and place of the hearing on the resolution. A copy of the notice shall be mailed to each property owner within the boundaries of the proposed library capital facilities area at the owner's last-known address as disclosed by the tax records of any county in which the library district is located.
(2)
No member of the governing body shall be disqualified from performing any duty imposed by this part 5 by reason of direct or indirect ownership of property within the boundaries of any proposed library capital facilities area, by reason of relationship to any person who owns property within the proposed library capital facilities area, or by reason of ownership of, or employment with, any entity that owns property within the boundaries of the proposed library capital facilities area.
L. 2003: Entire part added, p. 2469, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-508 - Recording of resolution establishing area

Within thirty days after the facilities district has been declared duly organized, the secretary of the governing body shall transmit for recording to the county clerk and recorder in each county in which the facilities district or a part of the facilities district extends a copy of the resolution of the governing body establishing the facilities district pursuant to section
24-90-507 (4)
.
L. 2003: Entire part added, p. 2470, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-509 - Governing body - meetings

(1)
The board of trustees of the library district that creates the facilities district, as the governing body of said district, shall constitute ex officio the board of the facilities district. The presiding officer of the board of trustees of the library district shall be ex officio the presiding officer of the board of the facilities district, the secretary of the board of trustees of the library district shall be ex officio the secretary of the board of the facilities district, and the treasurer of the board of trustees of the library district shall be ex officio the treasurer of the board of the facilities district. The secretary and the treasurer may be one person. The board of the facilities district shall adopt a seal. The secretary shall keep in a visual text format that may be transmitted electronically a record of all its proceedings, minutes of all meetings, certificates, contracts, and all corporate acts, which shall be open to inspection of all owners of property in the facilities district as well as to all other interested parties. The treasurer shall keep permanent records containing accurate accounts of all money received by and disbursed for and on behalf of the area.
(2)
The board shall hold meetings, on notice to each member of the board, which shall be open to the public in a place to be designated by the board as often as the needs of the facilities district require. A quorum of the governing body shall constitute a quorum at any meeting.
L. 2003: Entire part added, p. 2471, § 29, effective August 15. L. 2009: (1) amended, (HB 09 -1118), ch. 130, p. 560, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-510 - General powers of facilities district

(1)
The facilities district has the following limited powers:
(a)
To have perpetual existence;
(b)
To have and use a corporate seal;
(c)
To sue and be sued and be a party to suits, actions, and proceedings;
(d)
To enter into contracts and agreements, except as otherwise provided in this part 5, affecting the affairs of the facilities district, including contracts with the United States and any of its agencies or instrumentalities. Except in cases in which a facilities district receives aid from an agency of the federal government, a notice shall be published for bids on all construction contracts for work or material or both involving an expense of one thousand dollars or more. The facilities district may reject any and all bids, and, if it appears that the facilities district can perform the work or secure material for less than the lowest bid, it may proceed to do so.
(e)
To borrow money and incur general obligation indebtedness and evidence the same by bonds, certificates, warrants, notes, and debentures in accordance with the provisions of this part 5;
(f)
To acquire, finance, construct, install, operate, and maintain the library capital facilities contemplated by this part 5, including all property, rights, or interests incidental or appurtenant thereto, and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith;
(g)
To refund any general obligation indebtedness of the facilities district without an election; otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds of the facilities district;
(h)
To have the management, control, and supervision of all the business and affairs of the facilities district and of the acquisition, construction, installation, operation, and maintenance of the facilities district's library capital facilities;
(i)
To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the county or municipality affected for carrying on the business, objects, and affairs of the governing body and of the facilities district;
(j)
To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this part 5. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5.
(k)
To conduct an election in accordance with articles
1
to
13
of title
1
, C.R.S., for any purpose the board deems necessary or required.
L. 2003: Entire part added, p. 2471, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-511 - Power to levy taxes

Subject to the requirements of section 20 (4) of article X of the state constitution, in addition to any other means of providing revenue for a facilities district, the board has the power to levy and collect ad valorem taxes on and against all taxable property located within the boundaries of the facilities district. The rate of levy to be submitted to the registered electors for their approval in accordance with the requirements of this section, or, if such rate is unlimited, shall be specified in the resolution creating the facilities district pursuant to section
24-90-507
.
L. 2003: Entire part added, p. 2472, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-512 - Determining and fixing rate of levy

The governing body shall determine the amount of moneys necessary to be raised by a levy on the taxable property located within the facilities district, taking into consideration other sources of revenue of the library district and the facilities district, and shall fix a rate of levy that, when levied upon every dollar of the valuation for assessment of taxable property within the facilities district together with other revenues, shall raise the amount required by the library district and the facilities district during the ensuing fiscal year to supply funds for paying expenses of organization and the costs of acquiring, financing, constructing, installing, operating, or maintaining the library capital facilities and promptly to pay in full when due all interest on and principal of general obligation bonds, indebtedness, and other obligations issued by the library district or the facilities district for the library capital facilities located within the facilities district. In the event of accruing defaults or deficiencies, additional levies may be made as provided in section
24-90-513
. In accordance with the time schedule provided in section
39-5-128
, C.R.S., the governing body shall certify to the board of county commissioners of each county in which the facilities district or a portion of the facilities district lies the rate so fixed in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the facilities district.
L. 2003: Entire part added, p. 2472, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-513 - Levies to cover deficiencies

The governing body, in certifying annual levies, shall take into account the maturing indebtedness for the current and ensuing year as provided in its contracts, maturing bonds, and interest on bonds and the deficiencies and defaults of prior years and shall make ample provisions for the payment thereof. In case the moneys produced from such levies, together with other revenues of the library district or facilities district, are not sufficient to pay punctually the annual installments on its contracts or bonds and interest thereon and to pay defaults and deficiencies, the governing body, from year to year, shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be levied and shall continue to be levied until the indebtedness of the library district or facilities district is fully paid.
L. 2003: Entire part added, p. 2473, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-514 - County officers to levy and collect taxes - lien

It is the duty of the body having authority to levy taxes within such county to levy the taxes certified to it as provided in this part 5. It is the duty of all officials charged with the duty of collecting taxes to collect and enforce such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and, when collected, to pay the same to the library district or facilities district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the library district and paid into the depository thereof to the credit of the facilities district. All taxes levied under this part 5, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute a lien, until paid, on and against the property taxed, and such lien shall be a lien as for all other general taxes.
L. 2003: Entire part added, p. 2473, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-515 - Property sold for taxes

The taxes provided for in this part 5 shall be included as a part of general ad valorem taxes and shall be paid and collected accordingly. The sale of properties for delinquencies shall be conducted in the manner provided by the statutes of this state for selling property for nonpayment of other ad valorem taxes.
L. 2003: Entire part added, p. 2473, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-516 - Governing body can issue bonds - form

To carry out the purposes of this part 5, the governing body is hereby authorized to issue bonds of the library district or facilities district for the purpose of financing the acquisition, construction, installation, operation, or maintenance of library capital facilities within the facilities district. The bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable at such times as determined by the governing body, and shall be due and payable in installments at such times as determined by the governing body extending not more than thirty years from the date of issuance. The form and terms of the bonds, including provisions for their sale, payment, and redemption, shall be determined by the governing body. If the bonds are payable from the general ad valorem taxes levied on property located within the facilities district, the bonds shall not be issued unless first approved at an election held for that purpose pursuant to section
24-90-507 (3)
. If the governing body so determines, bonds issued pursuant to this section may be redeemable prior to maturity, with or without payment of a premium, but no premium shall exceed three percent of the principal thereof. The bonds shall be executed in the name of the library district or the facilities district and signed by the presiding officer of the governing body with the seal of the library district or facilities district affixed thereto and attested by the secretary of the governing body. The bonds shall be in such denominations as the governing body shall determine. Under no circumstances shall any of the bonds be held to be an indebtedness, obligation, or liability of the municipalities or counties in which the area is located, and bonds issued pursuant to the provisions of this part 5 shall contain a statement to that effect.
L. 2003: Entire part added, p. 2473, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-517 - Dissolution procedures

Any facilities district organized pursuant to this part 5 may be dissolved after notice is given, publication is made, and a hearing is held in the manner prescribed by sections
24-90-506
and
24-90-507
. The dissolution shall be commenced with a filing by the governing body with the clerk or secretary of the governing body of a resolution of the governing body approving the dissolution. After hearing any protest against or objection to the dissolution, and if the governing body determines that it is for the best interests of all concerned to dissolve the facilities district, the governing body shall so provide by an effective resolution, a certified copy of which shall be filed in the office of the county clerk and recorder in each county in which the facilities district or any part of the facilities district is located. Upon the filing, the dissolution shall be complete. However, no facilities district shall be dissolved until it has satisfied or paid in full all outstanding indebtedness, obligations, and liabilities issued to provide library capital facilities or until funds are on deposit and available therefor.
L. 2003: Entire part added, p. 2474, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-518 - Exemption from taxation - securities laws

The income or other revenues of the library district or facilities district, any property owned by the library district or facilities district, any bonds issued by the library district or facilities district, and the transfer of and any income from any bonds issued by the library district or facilities district shall be exempt from all taxation and assessments by the state.
L. 2003: Entire part added, p. 2474, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 5 - LIBRARY CAPITAL FACILITIES DISTRICTS (§§ 24-90-501 — 24-90-519) › Section 24-90-519 - Limitation of actions

Any legal or equitable action brought with respect to any acts or proceedings of the library district or facilities district, the creation of a facilities district, the authorization or issuance of any bonds, or any other action taken under this part 5 shall be commenced within thirty days after the performance of such action or else shall be thereafter perpetually barred.
L. 2003: Entire part added, p. 2474, § 29, effective August 15.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 6 - INTERNET PROTECTION IN PUBLIC LIBRARIES (§§ 24-90-601 — 24-90-606) › Section 24-90-601 - Legislative declaration

The general assembly hereby finds and declares that use of the internet in the public libraries of the state provides an extraordinary, unique, and unparalleled educational resource and source of knowledge and information. The general assembly further finds and declares that reasonable measures must be adopted and implemented to protect the children who use such internet services in public libraries from access to material that is harmful to their beneficial development as responsible adults and citizens. It is the intent of the general assembly by enacting this part 6 that public libraries be required to adopt and enforce reasonable policies of internet safety that are consistent with the federal "Children's Internet Protection Act", as amended, (Pub.L. 106-554), and that will protect children from access to harmful material without compromising responsible adult use of internet services in such libraries.
L. 2004: Entire part added, p. 598, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 6 - INTERNET PROTECTION IN PUBLIC LIBRARIES (§§ 24-90-601 — 24-90-606) › Section 24-90-602 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Access to the internet" means, with reference to a particular computer, that the computer is equipped with a modem or is connected to a computer network that provides access to the internet.
(2)
"Computer" includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.
(3)
"Harmful to minors" means any picture, image, graphic image file, or other visual depiction that:
(a)
Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
(b)
Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals; and
(c)
Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
(4)
"Minor" means any person who has not attained the age of seventeen years.
(5)
"Public library" shall have the same meaning as set forth in section
24-90-103 (13)
. For purposes of this part 6, a "public library" shall be the equivalent of the library system established and maintained by the governing body of a particular library district or otherwise connected group of libraries and shall not mean each separate or individual library facility established and maintained by such library district or connected group of libraries.
(6)
"Sexual act" or "sexual contact" shall have the same meaning as set forth in
18 U.S.C. sec. 2246 (2) and (3)
.
(7)
"Technology protection measure" means a specific technology, including without limitation computer software, that blocks or filters internet access to visual depictions that are:
(a)
Obscene, as defined in section
18-7-101 (2)
, C.R.S.;
(b)
Child pornography, as defined in
18 U.S.C. sec. 2256 (8)
; or
(c)
Harmful to minors; except that no technology protection measure may block scientific or medically accurate information regarding sexual assault, sexual abuse, incest, sexually transmitted infections, or reproductive health.
Amended by 2016 Ch. 230, § 19, eff. 7/1/2016.
L. 2004: Entire part added, p. 598, § 1, effective July 1. L. 2016: (7)(c) amended, (SB 16-146), ch. 230, p. 920, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 6 - INTERNET PROTECTION IN PUBLIC LIBRARIES (§§ 24-90-601 — 24-90-606) › Section 24-90-603 - Adoption and enforcement of policy of internet safety for minors including technology protection measures - public libraries

(1)
No later than December 31, 2004, the governing body of each public library shall adopt and implement a policy of internet safety for minors that includes the operation of a technology protection measure for each computer operated by the public library that allows for access to the internet by a minor.
(2)
After the adoption and implementation of the policy of internet safety required by subsection (1) of this section, the governing body of each public library shall continue to enforce the policy and the operation of the technology protection measure for each computer operated by the public library that allows for access to the internet by a minor.
L. 2004: Entire part added, p. 600, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 6 - INTERNET PROTECTION IN PUBLIC LIBRARIES (§§ 24-90-601 — 24-90-606) › Section 24-90-604 - Temporary disabling of technology protection measure

(1)
(a)
(I)
Subject to the requirements of paragraph (b) of this subsection (1), an administrator, supervisor, or any other person authorized by the public library to enforce the operation of the technology protection measure adopted and implemented in accordance with the requirements of section
24-90-603
shall temporarily disable the technology protection measure entirely to enable access to the internet on a particular computer able to be accessed by a minor by an adult upon request without significant delay by the public library in responding to the request.
(II)
Subject to the requirements of paragraph (b) of this subsection (1), an administrator, supervisor, or any other person authorized by the public library to enforce the operation of the technology protection measure adopted and implemented in accordance with the requirements of section
24-90-603
may temporarily disable the technology protection measure entirely to enable access to the internet on a particular computer able to be accessed by a minor for bona fide research or other lawful purposes where the internet use in connection with the research or other lawful purpose is supervised by an administrator, supervisor, parent, guardian, or other person authorized by the public library to perform such function.
(b)
Where the public library has installed a technology protection measure that requires electronic verification of the age of the computer user, or where the parent or guardian of a minor has provided explicit prior approval for use of the computer by the minor, before the technology protection measure required by section
24-90-603
is disabled, no additional involvement by the staff of the public library shall be required.
(2)
Notwithstanding any other provision of this section, the temporary disabling of the technology protection measure authorized by this section shall not be allowed in connection with a computer located in an area in a public library facility used primarily by minors.
L. 2004: Entire part added, p. 600, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 6 - INTERNET PROTECTION IN PUBLIC LIBRARIES (§§ 24-90-601 — 24-90-606) › Section 24-90-605 - No restrictions on blocking access to the internet of other material

Nothing in this part 6 shall be construed to prohibit a public library from limiting internet access to or otherwise protecting against materials other than those that are obscene, child pornography, or harmful to minors.
L. 2004: Entire part added, p. 600, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › LIBRARIES (§§ 24-90-101 — 24-90-606) › Article 90 - Libraries (§§ 24-90-101 — 24-90-606) › Part 6 - INTERNET PROTECTION IN PUBLIC LIBRARIES (§§ 24-90-601 — 24-90-606) › Section 24-90-606 - No requirement of additional action for public libraries already in compliance - no additional action in special circumstances

(1)
Nothing in this part 6 shall be construed to require any additional action on the part of any public library that is already in compliance with the requirements of this part 6 as of July 1, 2004.
(2)
Nothing in this part 6 shall be construed to require any additional action on the part of any public library in circumstances where:
(a)
No moneys exist in the budget for such library for the purchase of a technology protection measure that satisfies the requirements of this part 6; and
(b)
After a good faith effort, the library is unable to acquire a technology protection measure free of charge that satisfies the requirements of this part 6.
L. 2004: Entire part added, p. 601, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-101 - Legislative declaration

(1)
The general assembly hereby declares that retentions in and delays in the completion of construction contracts with public entities are a matter of statewide concern and are affected with the public interest and that the provisions of this article are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and welfare of the people of this state.
(2)
The general assembly hereby further finds and declares that the construction industry is a significant component of the state's economy; that there is a substantial statewide interest in fostering the growth and stability of the construction industry and ensuring that it remains economically viable; that the ability of construction and design enterprises to obtain and satisfactorily perform projects at all levels of government affects the construction industry as a whole; that clauses in public construction contracts which provide that public entities shall not be required to compensate contractors for delays in the completion of the work caused by the public entity are adhesive in nature and, if enforced, can have ruinous financial consequences on affected contractors due to risks over which the contractor may have no control; that public construction projects are subject to public appropriation laws which may be in direct conflict with commonly used construction contract clauses such as clauses which authorize additional payment to the contractor based on changed conditions; and that there is a substantial statewide interest in ensuring that the policy underlying the efficient expenditure of public moneys is balanced with the policy of fostering a healthy and viable construction industry.
L. 79: Entire article added, p. 995, § 1, effective July 1. L. 89: Entire section amended, p. 1142, § 1, effective April 10. L. 92: Entire section amended, p. 1086, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Acceptable securities" means:
(a)
United States bonds, United States treasury notes, or United States treasury bills;
(b)
General obligation or revenue bonds of this state;
(c)
General obligation or revenue bonds of any political subdivision of this state;
(d)
Certificates of deposit from a state or national bank or a savings and loan association insured by the federal deposit insurance corporation or its successor and having its principal office in this state.
(1.5)
"Construction" includes the terms capital construction, capital renewal, and controlled maintenance as defined in section
24-30-1301
.
(2)
"Contractor" means any person, company, firm, or corporation which is a party to a contract with a public entity to construct, erect, alter, install, or repair any highway, public building, public work, or public improvement, structure, or system.
(3)
"Public entity" means this state or a county, city, city and county, town, or district, including any political subdivision thereof.
(4)
"Subcontractor" means and includes any person, company, firm, or corporation which is a party to a contract with a contractor to construct, erect, alter, install, or repair any highway, public building, public work, or public improvement, structure, or system and which, in connection therewith, furnishes and performs on-site labor with or without furnishing materials.
(5)
"Substantial completion" means the date when the construction is sufficiently complete, in accordance with the contract documents, as modified by any change orders agreed to by the parties, so that the work or designated portion thereof is available for use by the owner.
Amended by 2014 Ch. 378, § 57, eff. 6/6/2014.
L. 79: Entire article added, p. 995, § 1, effective July 1. L. 84: (1)(d) amended, p. 741, § 1, effective February 23. L. 86: (1)(d) amended, p. 971, § 1, effective July 1. L. 2004: (1)(d) amended, p. 155, § 70, effective July 1. L. 2014: (1.5) added, (HB 14-1387), ch. 378, p. 1851, § 57, effective June 6.
For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-103.5 - Public entity - contracts - delay clauses - definition

(1)
(a)
Any clause in a public works contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused in whole, or in part, by acts or omissions within the control of the contracting public entity or persons acting on behalf thereof, is against public policy and is void and unenforceable.
(b)
As used in this subsection (1), "public works contract" means a contract of the state, county, city and county, city, town, school district, special district, or any other political subdivision of the state for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, real property as defined in section
24-30-1301 (15)
, or any other work dealing with construction, which includes, but need not be limited to, moving, demolition, or excavation performed in conjunction with such work.
(2)
Subsection (1) of this section is not intended to render void any contract provision of a public works contract that:
(a)
Precludes a contractor from recovering that portion of delay costs caused by the acts or omissions of the contractor or its agents;
(b)
Requires notice of any delay by the party responsible for such delay;
(c)
Provides for reasonable liquidated damages;
(d)
Provides for arbitration or any other procedure designed to settle contract disputes.
Amended by 2014 Ch. 378, § 59, eff. 6/6/2014.
L. 89: Entire section added, p. 1142, § 2, effective April 10. L. 2014: (1)(b) amended, (HB 14-1387), ch. 378, p. 1851, § 59, effective June 6.
For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-104 - Contract - completion by public entity - partial payments

If it becomes necessary for a public entity to take over the completion of any contract, all of the amounts owing the contractor, including the withheld percentage, shall be applied: First, toward the cost of completion of the contract; second, toward performance of the public entity's withholding requirement set forth in section
38-26-107
, C.R.S.; third, to the surety furnishing bonds for the contract work, to the extent such surety has incurred liability or expense in completing the contract work or made payments pursuant to section
38-26-106
, C.R.S.; then, to the contractor. Such retained percentage as may be due any contractor shall be due and payable at the expiration of thirty days from the date of final acceptance by the public entity of the contract work.
L. 79: Entire article added, p. 996, § 1, effective July 1. L. 86: Entire section amended, p. 971, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-105 - Withdrawal by contractor of sums withheld - security deposit required

The contractor under any contract exceeding one hundred fifty thousand dollars made or awarded by any public entity, pursuant to which sums are withheld to assure satisfactory performance of the contract, may withdraw the whole or any portion of the said sums withheld if the contractor deposits acceptable securities with the public entity. The contractor shall take such actions as the public entity may require to transfer the securities or a limited interest in the securities, including a security interest, and to authorize the public entity to negotiate the acceptable securities and to receive the payments due the public entity pursuant to law or the terms of the contract, and, to the extent there are excess funds resulting from said negotiation, the balance shall be returned to the contractor. Such acceptable securities so deposited at all times shall have a market value at least equal in value to the amount so withdrawn. If at any time a public entity determines that the market value of the acceptable securities theretofore deposited has fallen below the amount so withdrawn, the public entity shall give notice thereof to the contractor, who forthwith shall deposit additional acceptable securities in an amount sufficient to reestablish a total deposit of securities equal in value to the amount so withdrawn.
L. 79: Entire article added, p. 996, § 1, effective July 1. L. 86: Entire section amended, p. 972, § 3, effective July 1. L. 2004: Entire section amended, p. 227, § 2, effective August 4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-106 - Escrow agreement - authority to enter into - effect on acceptable securities

(1)
A public entity and the contractor may enter into an escrow contract or escrow contract and security agreement with any national bank, state bank, trust company, or savings and loan association located in this state and designated by mutual agreement of the public entity and the contractor, after notice to the surety, to provide as escrow agent for the custodial care and servicing of any acceptable securities deposited with him pursuant to this section. Such services shall include the safekeeping of the acceptable securities and the rendering of all services required to effectuate the purposes of this section and section
38-26-107
, C.R.S.
(2)
Any acceptable securities deposited with an escrow agent pursuant to this section shall be deemed to be in the possession of the public entity, and the public entity shall be deemed to have a perfected security interest in the acceptable securities for purposes of article 8 or 9 of title 4, C.R.S.
(3)
The deposit of acceptable securities with a state or national bank, or a state or federal savings and loan association, shall not be deemed a holding of public deposits for purposes of article 10.5 or 47 of title 11, C.R.S.
L. 79: Entire article added, p. 997, § 1, effective July 1. L. 86: Entire section amended, p. 972, § 4, effective July 1. L. 96: (2) amended, p. 246, § 24, effective July 1.