reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 12 - CLEAN ENERGY FUND (§ 24-75-1201) › Section 24-75-1201 - [Repealed]

L. 2012: Entire part repealed, (HB 12-1315), ch. 224, p. 984, § 56, effective July 1.
This part 12 was added in 2007.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 13 - STATUS OF GIFTS, GRANTS, AND DONATIONS MADE TO STATE AGENCIES (§§ 24-75-1301 — 24-75-1305) › Section 24-75-1301 - Definitions

As used in this part 13, unless the context otherwise requires:
(1)
"Grant" means any gift, grant, or donation from a nongovernmental entity to a state agency that is not required to be repaid and that is fifty dollars or more.
(2)
"State agency" means any department, commission, council, board, bureau, committee, agency, or other governmental unit of the executive, legislative, or judicial branch of state government. "State agency" shall not include any institution of higher education.
Amended by 2013 Ch. 298, § 1, eff. 5/28/2013.
L. 2010: Entire part added, (HB 10 -1178), ch. 173, p. 625, § 1, effective August 11. L. 2013: (1) amended, (SB 13-268), ch. 298, p. 1588, § 1, effective May 28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 13 - STATUS OF GIFTS, GRANTS, AND DONATIONS MADE TO STATE AGENCIES (§§ 24-75-1301 — 24-75-1305) › Section 24-75-1302 - State agencies - information obtained with grants

Each state agency that receives a grant to provide funding for a bill enacted by the general assembly that relies entirely on grant moneys for the funding source of the program, service, study, interim committee, or other government function required by the bill shall request that the entity submit a letter to the state agency at the time of making the grant specifying the amount of the grant, the duration of the grant, and the specific purposes for which the grant money is to be used. The state agency shall request that the entity awarding the grant include the bill number of the bill that created the program, service, study, interim committee, or other governmental function for which the grant is intended to provide funding.
Amended by 2013 Ch. 298, § 2, eff. 5/28/2013.
L. 2010: Entire part added, (HB 10 -1178), ch. 173, p. 625, § 1, effective August 11. L. 2013: Entire section amended, (SB 13-268), ch. 298, p. 1588, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 13 - STATUS OF GIFTS, GRANTS, AND DONATIONS MADE TO STATE AGENCIES (§§ 24-75-1301 — 24-75-1305) › Section 24-75-1303 - Report to general assembly

(1)
On or before November 1, 2011, and on or before November 1 of each year thereafter, each state agency shall submit to the joint budget committee of the general assembly a report, in accordance with generally accepted accounting principles, of all grants made to the state agency during the immediately preceding state fiscal year, which grants provided funding for a bill enacted by the general assembly that relies entirely on grant moneys for the funding source of the program, service, study, interim committee, or other governmental function required by the bill. The state agency shall be prepared to review the report at the state agency's briefing with the joint budget committee in connection with its annual budget request.
(2)
In compiling the report required pursuant to subsection (1) of this section, the state agency may use the documentation provided by the entity awarding the grant pursuant to section
24-75-1302
.
(3)
The report required pursuant to subsection (1) of this section must include the following information for every grant received:
(a)
The source of the grant;
(b)
The amount of money that the state agency receives through the grant on an annual basis and the number of years that the state agency will receive such grant moneys; and
(c)
The specific program that the grant is intended to support, including the bill number of the bill that created the program.
(4)
In addition to the information specified in subsection (3) of this section, a state agency shall include in the report a statement of the state agency's intent regarding the sustainability of each program or service that is funded entirely by grant moneys in the event that grant moneys are no longer available to support the program or service in the future. If the state agency intends to continue the program or service after grant moneys are no longer available, the state agency shall include a statement regarding how the program or service will be funded.
(5)
Nothing in this section shall be construed to require a school district to submit information to the department of education for purposes of the report required in this section.
Amended by 2013 Ch. 298, § 3, eff. 5/28/2013.
L. 2010: Entire part added, (HB 10 -1178), ch. 173, p. 626, § 1, effective August 11. L. 2013: (1), (2), IP(3), (3)(a), and (4) amended, (SB 13-268), ch. 298, p. 1589, § 3, effective May 28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 13 - STATUS OF GIFTS, GRANTS, AND DONATIONS MADE TO STATE AGENCIES (§§ 24-75-1301 — 24-75-1305) › Section 24-75-1304 - [Repealed]

Repealed by 2013 Ch. 298, § 4, eff. 5/28/2013.
L. 2010: Entire part added, (HB 10 -1178), ch. 173, p. 627, § 1, effective August 11. L. 2013: Entire section repealed, (SB 13-268), ch. 298, p. 1589, § 4, effective May 28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 13 - STATUS OF GIFTS, GRANTS, AND DONATIONS MADE TO STATE AGENCIES (§§ 24-75-1301 — 24-75-1305) › Section 24-75-1305 - Programs or services reliant on grants - statutory reauthorization of program

(1)
Except as otherwise provided in subsection (3) of this section, beginning January 1, 2011, the general assembly shall not make an appropriation of moneys from the general fund or from any other source of state moneys to fund a program, service, study, or other function of state government that was previously funded through grant moneys and that has not received adequate grant moneys to support the program, service, study, or other function of state government for the applicable fiscal year.
(2)
Except as otherwise provided in subsection (3) of this section, beginning January 1, 2011, a state agency that oversees any program, service, study, or other function of state government shall not request as part of its annual budget request to the joint budget committee that the general assembly make an appropriation from the general fund or any other source of state moneys to fund a program, service, study, or other function of state government that was previously funded through grant moneys and that has not received adequate grant moneys to support the program, service, study, or other function of state government for the applicable fiscal year.
(3)
The general assembly may adopt legislation to reauthorize any program, service, study, or other function of state government that was previously funded through grant moneys and, if such legislation includes an appropriation from the general fund or any other source of state moneys and becomes law, may make an appropriation from the general fund or from any other source of state moneys to a state agency to oversee the program, service, study, or other function of state government.
L. 2010: Entire part added, (HB 10 -1178), ch. 173, p. 628, § 1, effective August 11.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Article 76 - FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Section 24-76-101 - Appropriation of certain federal funds

(1)
The general assembly may appropriate block grant moneys in the state treasury received from any agency of the federal government, and, if so appropriated, such block grant moneys shall not be disbursed except in accordance with the appropriation. This section shall be construed so as to authorize legislative appropriation of block grant moneys, notwithstanding any other provision of law enacted prior to July 1, 1985, which authorizes any department, agency, institution, or officer of the state to apply for, receive, and expend moneys from the federal government without reference to legislative appropriation.
(2)
As used in this article, "block grant moneys" means moneys received for use in a broad functional area as provided by federal law, and concerning which the state has discretion as to the specific programs to be funded, or as to the level at which such programs will be funded, or as to eligibility requirements or other criteria for identifying the beneficiaries of programs, or as to the transfer of moneys to another block grant, or as to two or more such matters. "Block grant moneys" includes all such moneys in the state treasury, even if they will be passed through to local governments, private nonprofit agencies, or other entities for expenditure.
(3)
The following federal moneys shall not be appropriated:
(a)
Moneys received from the federal government by the state for the construction, improvement, or maintenance of highways;
(b)
Moneys received from the federal government by the state as grants for research at institutions of higher education.
(4)
Whenever any federal law permits the transfer of block grant moneys from one block grant to another, such moneys shall not be transferred and expended unless such transfer is authorized by the general assembly, either by appropriation or by permanent law.
(5)
Nothing in this section shall be construed to affect the functions of any advisory committee or advisory council which has been established to make recommendations with regard to block grant moneys.
L. 85: Entire article added, p. 868, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Article 76 - FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Section 24-76-102 - Reporting requirements

(1)
Each department, agency, or officer of the state which applies for or receives block grant moneys shall file the following with the joint budget committee:
(a)
A copy of each application for block grant moneys, and any revision thereto, whether denominated a grant application, a report of intended expenditures, a state plan, an implementation report, or any other term, within three days after transmitting such application to the federal government;
(b)
A copy of each notice of grant award involving block grant moneys received by such department, agency, or officer, within three days after receipt of such notice;
(c)
A copy of any guidelines, criteria, formulas, procedures, or other measures formulated or adopted by the department, agency, or officer and used in allocating block grant moneys among programs, beneficiaries, local governments, private nonprofit agencies, or other entities, within seven days after their formulation or adoption.
L. 85: Entire article added, p. 869, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Article 76 - FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Section 24-76-103 - Federal grants - mortgage lending process

The division of real estate and any state agency involved in the prosecution of or public education about mortgage fraud and theft in the mortgage lending process may accept on behalf of the state grants of federal funds for the purpose of lowering the incidents of mortgage fraud in Colorado. The state agency, with the approval of the governor, shall have the power to direct the disposition of a federal grant consistent with the terms and conditions of the grant so long as the terms and conditions do not conflict with state law.
L. 2006: Entire section added, p. 1328, § 4, effective July 1.
For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 290, Session Laws of Colorado 2006.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Article 76 - FEDERAL FUNDS (§§ 24-76-101 — 24-76-104) › Section 24-76-104 - Reporting of federal funds

(1)
Notwithstanding section
24-1-136 (11)(a)
, the state controller shall submit an annual report to the joint budget committee of all expenditures of federal funds by each state agency during the most recent state fiscal year, beginning with the state fiscal year 2020-21. The state controller shall consult with joint budget committee staff to determine the timing, format, and content of the report.
(2)
The state controller shall post the reports required by subsection (1) of this section on the state controller's website.
(3)
The report required by this section is in addition to the reporting requirement set forth in section
24-76-102
.
Amended by 2021 Ch. 221, § 3, eff. 6/11/2021.
Added by 2020 Ch. 306, § 11, eff. 7/14/2020.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.5 - Access to Public Benefits (§§ 24-76.5-101 — 24-76.5-104) › Section 24-76.5-102 - Definition

As used in this article 76.5, unless the context otherwise requires, "state or local public benefits" shall have the same meaning as provided in
8 U.S.C. sec. 1621
.
Entire article repealed and reenacted with amendments by 2021 Ch. 351, § 2, eff. 7/1/2022.
Amended by 2021 Ch. 186, § 3, eff. 9/7/2021.
L. 2006, 1st Ex. Sess.: Entire article added, p. 40, § 1, effective July 31.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.5 - Access to Public Benefits (§§ 24-76.5-101 — 24-76.5-104) › Section 24-76.5-103 - Lawful presence consideration prohibited

Notwithstanding any law to the contrary, pursuant to
8 U.S.C. sec. 1621 (d)
, on or after July 1, 2022, lawful presence is not a requirement of eligibility for state or local public benefits, as those state or local public benefits are distributed by any state agency, political subdivision as defined by section
29-1-202 (2)
, or home rule municipality.
Entire article repealed and reenacted with amendments by 2021 Ch. 351, § 2, eff. 7/1/2022.
Amended by 2021 Ch. 351,§ 1, eff. 6/25/2021.
Amended by 2021 Ch. 186, § 4, eff. 9/7/2021.
Amended by 2021 Ch. 27, § 1, eff. 4/15/2021.
Amended by 2019 Ch. 162, § 2, eff. 5/13/2019.
Amended by 2013 Ch. 402, § 6, eff. 8/7/2013 and applicable to applications submitted on or after 8/1/2014.
Amended by 2013 Ch. 156, § 2, eff. 4/29/2013.
L. 2006, 1st Ex. Sess.: Entire article added, p. 41, § 1, effective July 31. L. 2007: (5) amended, p. 24, § 1, effective March 1; (3)(e)(III) and (3)(f) amended and (3)(g) added, p. 1494, § 7, effective July 1; (4.5) added, p. 1621, § 2, effective July 1. L. 2008: (9) amended, p. 1269, § 7, effective August 5. L. 2011: (3)(f) and (3)(g) amended and (3)(h) added, (HB 11 -1201), ch. 139, p. 484, § 4, effective May 4. L. 2013: (3)(g) and (3)(h) amended and (3)(i) added, (SB 13-033), ch. 156, p. 505, § 2, effective April 29; (4)(a)(I) amended, (SB 13-251), ch. 402, p. 2355, § 6, effective August 7.
(1) For the legislative declaration contained in the 2007 act amending subsections (3)(e)(III) and (3)(f) and enacting subsection (3)(g), see section 1 of chapter 347, Session Laws of Colorado 2007. (2) For the legislative declaration in the 2013 act amending subsections (3)(g) and (3)(h) and adding subsection (3)(i), see section 3 of chapter 156, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.5 - Access to Public Benefits (§§ 24-76.5-101 — 24-76.5-104) › Section 24-76.5-104 - Natural medicine consumption consideration prohibited - exception

Consideration of whether a person performs or has performed an action that is lawful pursuant to section
18-18-434
, article
170
of title
12
, or article
50
of title
44
is not a requirement for eligibility for a public assistance program, unless consideration is required pursuant to federal law.
Added by 2023 Ch. 249,§ 39, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.6 - Prioritizing State Enforcement of Civil Immigration Law (§§ 24-76.6-101 — 24-76.6-103) › Section 24-76.6-101 - Definitions

As used in this article 76.6, unless the context otherwise requires:
(1)
"Civil immigration detainer" means a written request issued by federal immigration enforcement authorities pursuant to
8 CFR 287.7
to law enforcement officers to maintain custody of an individual beyond the time when the individual is eligible for release from custody, including any request for law enforcement agency action, warrant for arrest of alien, order to detain or release alien, or warrant of removal/deportation on any form promulgated by federal immigration enforcement authorities.
(2)
"Eligible for release from custody" means that an individual may be released from custody because one of the following conditions has occurred:
(a)
All criminal charges against the individual have been dropped or dismissed;
(b)
The individual has been acquitted of all criminal charges filed against him or her;
(c)
The individual has served all the time required for his or her sentence;
(d)
The individual has posted a bond or has been released on his or her own recognizance;
(e)
The individual has been referred to pretrial diversion services; or
(f)
The individual is otherwise eligible for release under state or municipal law.
(3)
"Law enforcement officer" means a peace officer employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office.
(4)
"Personal information" means any confidential identifying information about an individual, including but not limited to home or work contact information; family or emergency contact information; probation meeting date and time; community corrections locations; community corrections meeting date and time; or the meeting date and time for criminal court-ordered classes, treatment, and appointments.
Added by 2019 Ch. 299, § 2, eff. 5/28/2019.
L. 2019: Entire article added, (HB 19-1124), ch. 2760, p. 2760, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.6 - Prioritizing State Enforcement of Civil Immigration Law (§§ 24-76.6-101 — 24-76.6-103) › Section 24-76.6-102 - Civil immigration detainers - legislative declaration

(1)
The general assembly finds and declares that:
(a)
Federal immigration authorities at times submit requests to state and local law enforcement agencies to detain an inmate after the inmate is eligible for release from custody. Continued detention of an inmate under a federal civil immigration detainer constitutes a new arrest under state law and a seizure under the fourth amendment of the United States constitution.
(b)
Requests for civil immigration detainers are not warrants under Colorado law. A warrant is a written order by a judge directed to a law enforcement officer commanding the arrest of the person named, as defined in section
16-1-104 (18)
. None of the civil immigration detainer requests received from the federal immigration authorities are reviewed, approved, or signed by a judge as required by Colorado law. The continued detention of an inmate at the request of federal immigration authorities beyond when he or she would otherwise be released constitutes a warrantless arrest, which is unconstitutional,
People v. Burns
, 615 P.2d 686, 688 (Colo. 1980).
(2)
A law enforcement officer shall not arrest or detain an individual on the basis of a civil immigration detainer request.
(3)
The authority of law enforcement is limited to the express authority granted in state law.
(4)
Nothing in this section precludes any law enforcement officer or employee from cooperating or assisting federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody.
(5)
Nothing in this section precludes any law enforcement officer from investigating or enforcing any criminal law or from participating in coordinated law enforcement actions with federal law enforcement agencies in the enforcement of local, state, or federal criminal laws.
Added by 2019 Ch. 299, § 2, eff. 5/28/2019.
L. 2019: Entire article added, (HB 19-1124), ch. 2761, p. 2761, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.6 - Prioritizing State Enforcement of Civil Immigration Law (§§ 24-76.6-101 — 24-76.6-103) › Section 24-76.6-103 - Limitations on providing personal information by probation offices

(1)
A probation officer or probation department employee shall not provide personal information about an individual to federal immigration authorities.
(2)
Nothing in section
24-76.6-102
prevents law enforcement officers from coordinating telephone or video interviews between federal immigration authorities and individuals incarcerated in any county or local jail or other custodial facility, to the same extent as telephone or video contact with such individuals is allowed by the general public, if the individual has been advised, in the individual's language of choice, of certain information in writing, including but not limited to:
(a)
The interview is being sought by federal immigration authorities;
(b)
The individual has the right to decline the interview and remain silent;
(c)
The individual has the right to speak to an attorney before submitting to the interview; and
(d)
Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.
(3)
The written advisement described in subsection (2) of this section must be provided to the inmate again when the inmate is released.
Added by 2019 Ch. 299, § 2, eff. 5/28/2019.
L. 2019: Entire article added, (HB 19-1124), ch. 2761, p. 2761, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.7 - Prohibit State and Local Government Involvement in Immigration Detention (§§ 24-76.7-101 — 24-76.7-103) › Section 24-76.7-101 - Definitions

As used in this article 76.7, unless the context otherwise requires:
(1)
"Governmental entity" means the state, any unit of local government, a county sheriff, or any agency, officer, employee, or agent thereof.
(2)
"Immigration detention agreement" means any contract, including but not limited to an intergovernmental service agreement, or portion thereof for payment to a governmental entity to detain individuals for federal civil immigration purposes. For a contract or intergovernmental service agreement that is only in part for the detention of individuals for federal immigration officials, this term only applies to the civil immigration detention portion of the contract.
(3)
"Immigration detention facility" means any building, facility, or structure used, in whole or in part, to house or detain individuals for federal immigration officials.
Added by 2023 Ch. 413,§ 2, eff. 8/7/2023.
2023 Ch. 413, 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) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.7 - Prohibit State and Local Government Involvement in Immigration Detention (§§ 24-76.7-101 — 24-76.7-103) › Section 24-76.7-102 - Governmental entities - agreements with privately owned immigration detention facilities - prohibition

(1)
Beginning on January 1, 2024, a governmental entity shall not:
(a)
Enter into an agreement of any kind for the detention of individuals in an immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity;
(b)
Sell any public or government-owned property or building for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;
(c)
Pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;
(d)
Receive per diem, per detainee, or any other payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity; or
(e)
Otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.
(2)
Nothing in this article 76.7 shall be construed to prohibit a governmental entity from providing health and safety resources to individuals who are being detained for immigration purposes.
(3)
Nothing in this article 76.7 shall be construed to prohibit any unit of local government from contracting for health, utility, and sanitation services to immigration detention facilities.
Added by 2023 Ch. 413,§ 2, eff. 8/7/2023.
2023 Ch. 413, 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) › RESTRICTIONS ON PUBLIC BENEFITS (§§ 24-76.5-101 — 24-76.7-103) › Article 76.7 - Prohibit State and Local Government Involvement in Immigration Detention (§§ 24-76.7-101 — 24-76.7-103) › Section 24-76.7-103 - Governmental entities - eliminate involvement in immigration detention

(1)
Beginning on January 1, 2024, a governmental entity shall not enter into or renew an immigration detention agreement.
(2)
A governmental entity with an existing immigration detention agreement on January 1, 2024, shall exercise any termination provision contained in the agreement no later than January 1, 2024. If an existing immigration detention agreement does not contain a termination provision that the governmental entity can exercise by January 1, 2024, then the governmental entity shall exercise the termination provision as soon as possible within the terms of the immigration detention agreement.
Added by 2023 Ch. 413,§ 2, eff. 8/7/2023.
2023 Ch. 413, 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) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 1 - \GENERAL PROVISIONS (§§ 24-77-101 — 24-77-109) › Section 24-77-103.5 - Legislative declaration - correction of errors - authority of the controller and auditor

(1)
The general assembly finds and declares that ascertaining compliance with the provisions of section 20 of article X of the state constitution requires that accurate calculations be made of state fiscal year spending. The general assembly further finds and declares that it is reasonable to account for any errors in calculating state fiscal year spending by authorizing the controller to make equivalent adjustments in state fiscal year spending for the fiscal year in which such errors are discovered in accordance with the provisions of this subsection (1).
(2)
For purposes of section
24-77-103
, for any given fiscal year, if the controller discovers an error involving a prior fiscal year by whatever means available affecting the calculation of state fiscal year spending, the controller may correct such error by increasing or decreasing in an appropriate amount the allowable state fiscal year spending for the fiscal year in which such error is discovered, subject to a review of such adjustment by the state auditor.
L. 99: Entire section added, p. 1236, § 3, effective August 4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 1 - \GENERAL PROVISIONS (§§ 24-77-101 — 24-77-109) › Section 24-77-103.8 - Unrefunded state revenues

(1)
Any amount of state revenues in excess of the limitation on state fiscal year spending for the 1996-97 fiscal year that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required, shall be added to and refunded with any state revenues in excess of the limitation on state fiscal year spending for the 1998-99 fiscal year required to be refunded.
(2)
Any amount of state revenues in excess of the limitation on state fiscal year spending for the 1997-98 fiscal year and every fiscal year thereafter through the 2000-01 fiscal year that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required, shall be added to and refunded with any state revenues in excess of the limitation on state fiscal year spending for the fiscal year following the fiscal year for which state revenues in excess of the limitation on state fiscal year spending were required to be refunded.
(3)
Any amount of state revenues in excess of the limitation on state fiscal year spending for the 2001-02 fiscal year and for every fiscal year thereafter that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required, shall be carried forward and added to the amount of any unrefunded state revenues in excess of the limitation on state fiscal year spending for previous fiscal years that has been carried forward. Said aggregate amount of unrefunded state revenues shall be added to and refunded with subsequent fiscal years' state revenues in excess of the limitation on state fiscal year spending that are required to be refunded; however, the amount of state revenues in excess of the limitation on state fiscal year spending that was required to be refunded but was not refunded during the most recently completed fiscal year shall be applied first to the fiscal year immediately following the most recently completed fiscal year.
L. 2005: Entire section added, p. 131, § 2, effective April 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 1 - \GENERAL PROVISIONS (§§ 24-77-101 — 24-77-109) › Section 24-77-103.9 - Over-refunds of and unrefunded state revenues - records and disclosure

(1)
The department of revenue shall maintain a record of:
(a)
Any amount of over-refund, as defined in section
24-77-103.7 (1)
, made in each fiscal year commencing on and after July 1, 2004; and
(b)
Any amount of state revenues in excess of the limitation on state fiscal year spending for any fiscal year commencing on or after July 1, 2004, that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required by the end of the next fiscal year.
(2)
The amount of any over-refunds or unrefunded excess state revenues, as determined by the records maintained pursuant to subsection (1) of this section, for any fiscal year commencing on and after July 1, 2004, shall be disclosed in the state financial report required to be prepared by the controller pursuant to section
24-77-106.5
for such fiscal year.
L. 2005: Entire section added, p. 132, § 3, effective April 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 1 - \GENERAL PROVISIONS (§§ 24-77-101 — 24-77-109) › Section 24-77-105 - Emergency taxes - declaration of emergency - limitation

(1)
Emergency taxes may be imposed by the state pursuant to the requirements set forth in paragraph (a) of subsection (2) of this section without prior approval of the registered electors of the state; except that no state property tax shall be imposed as an emergency tax.
(2)
(a)
Any emergency tax may be imposed by the state upon:
(I)
The declaration of a state emergency by the passage of a joint resolution which is approved by a two-thirds majority of the members of both houses of the general assembly and which is approved by the governor in accordance with section 39 of article V of the state constitution; and
(II)
The imposition of an emergency tax by the passage of a bill which is approved by a two-thirds majority of the members of both houses of the general assembly and which is approved by the governor in accordance with section 11 of article IV of the state constitution.
(b)
Any emergency tax which is imposed pursuant to paragraph (a) of this subsection (2) shall be subject to approval by a majority of the registered electors of the state at the next statewide election which occurs sixty days or more after the declaration of the emergency pursuant to subparagraph (I) of paragraph (a) of this subsection (2). Any emergency tax which is not approved at such election shall expire as of the last day of the month in which such election was held.
(3)
Revenues from any emergency tax imposed pursuant to the provisions of subsection (2) of this section shall not be expended until all of the state emergency reserve has been expended for such emergency.
(4)
Any emergency tax revenues which are not expended on the declared state emergency shall be refunded within one hundred eighty days after such emergency has ended.
L. 93: Entire article added, p. 1503, § 1, effective June 6. L. 99: (2)(a)(II) amended, p. 625, § 25, effective August 4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 1 - \GENERAL PROVISIONS (§§ 24-77-101 — 24-77-109) › Section 24-77-106 - Establishment of annual allowable uncommitted reserves - legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Section 20 of article X of the state constitution limits state fiscal year spending;
(b)
Subject to certain exclusions specified in section 20 of article X of the state constitution, all state general fund revenues and all state cash fund revenues are included in the limitation on state fiscal year spending;
(c)
The legislative powers of the general assembly, including but not limited to its plenary power of appropriation, authorize and require the general assembly to assure compliance with the limitation on state fiscal year spending and to make fundamental fiscal policy decisions establishing the level of activity of all departments and agencies of state government, including those funded by revenues generated from fees; and
(d)
Consonant with the exercise of such legislative powers, the general assembly must establish limits on the amount of uncommitted reserves that may be maintained by the departments and agencies of state government for cash funds under their control and must exercise any other necessary controls on cash fund revenues, including but not limited to the power of appropriation.
(2)
(Deleted by amendment, L. 99, p. 1237, § 4, effective August 4, 1999.)
(3)
For the 1999-2000 fiscal year and each fiscal year thereafter, each department or agency of state government shall maintain the uncommitted reserves of any cash fund under its control in accordance with section
24-75-402
.
L. 93: Entire article added, p. 1504, § 1, effective June 6. L. 99: Entire section amended, p. 1237, § 4, effective August 4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 1 - \GENERAL PROVISIONS (§§ 24-77-101 — 24-77-109) › Section 24-77-107 - Construction

Nothing contained in this article shall be construed to apply to or impose, by implication or otherwise, any limitation, restriction, or prohibition upon or expansion of any local government fiscal policies.
L. 93: Entire article added, p. 1504, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 1 - \GENERAL PROVISIONS (§§ 24-77-101 — 24-77-109) › Section 24-77-108 - Creation of a new fee-based enterprise

In order to provide transparency and oversight to government mandated fees the People of the State of Colorado find and declare that:
(1)
A state enterprise qualified or created after January 1, 2021, as defined under Colo. Const. Art. X, section 20(2)(d), shall not receive more than $100,000,000 in revenue from fees and surcharges in its first five fiscal years unless approved at a statewide general election. If a state enterprise has collected one hundred million dollars ($100,000,000) in fees and surcharges within its first five fiscal years prior to receiving voter approval, the state enterprise shall stop collecting fees and surcharges. Ballot titles for enterprises shall begin, "SHALL AN ENTERPRISE BE CREATED TO COLLECT REVENUE TOTALING (full dollar collection for first five fiscal years) IN ITS FIRST FIVE YEARS...?"
(2)
Revenue collected for enterprises created simultaneously or within the five preceding years serving primarily the same purpose shall be aggregated in calculating the applicability of this section.
(3)
For the purposes of applying the requirements of subsections (1) and (2) of this section:
(a)
Enterprises serve primarily the same purpose when they provide the same services in the same geographic area; and
(b)
The first five fiscal years of a state enterprise for the purpose of calculating the one hundred million dollar amount set forth in subsection (1) are the first five state fiscal years since the creation or first qualification of the enterprise.
Amended by 2022 Ch. 414, § 4, eff. 6/7/2022.
Added by 2020 Ballot Proposition 117, passed by voters in 11/3/2020 election, eff. upon proclamation of govenor (12/31/2021).
Initiated 2020: Entire section added, Proposition 117, effective upon proclamation of the Governor, effective 12/31/2020. See L. 2021, p. 4224.
This section was added by Proposition 117, effective upon proclamation of the governor, December 31, 2020. The vote count for the measure at the general election held November 3, 2020, was as follows:
FOR: 1,573,114
AGAINST: 1,420,445
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 2 - SUBMISSION OF BALLOT ISSUE - VOTER-APPROVED REVENUE CHANGE - PROPERTY TAX REDUCTION BACKFILL (§§ 24-77-201 — 24-77-204) › Section 24-77-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Account" means the proposition HH general fund exempt account in the general fund created in section
24-77-203 (3)(a)
.
(2)
"Ballot issue" means the question referred to voters in accordance with section
24-77-202 (1)
.
(3)
"Excess state revenues cap" has the same meaning as set forth in section
24-77-103.6 (6)(b)
.
(4)
"State revenues" means state revenues not excluded from state fiscal year spending, as defined in section
24-77-102 (17)
.
(5)
"State surplus" means the amount of state revenues that exceed the excess state revenues cap for a given state fiscal year.
Added by 2023 Ch. 258,§ 3, eff. 5/24/2023.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 2 - SUBMISSION OF BALLOT ISSUE - VOTER-APPROVED REVENUE CHANGE - PROPERTY TAX REDUCTION BACKFILL (§§ 24-77-201 — 24-77-204) › Section 24-77-202 - Submission of ballot issue - voter-approved revenue change

(1)
At the election held on November 7, 2023, the secretary of state shall submit to the registered electors of the state for their approval or rejection the following ballot issue: "Shall the state reduce property taxes for homes and businesses, including expanding property tax relief for seniors, and backfill counties, water districts, fire districts, ambulance and hospital districts, and other local governments and fund school districts by using a portion of the state surplus up to the proposition HH cap as defined in this measure?"
(2)
For purposes of section
1-5-407
, the ballot issue is a proposition to be identified as "proposition HH". Section
1-40-106 (3)(d)
does not apply to the ballot issue.
Added by 2023 Ch. 258,§ 3, eff. 5/24/2023.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FISCAL POLICIES RELATING TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION (§§ 24-77-101 — 24-77-204) › Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution (§§ 24-77-101 — 24-77-204) › Part 2 - SUBMISSION OF BALLOT ISSUE - VOTER-APPROVED REVENUE CHANGE - PROPERTY TAX REDUCTION BACKFILL (§§ 24-77-201 — 24-77-204) › Section 24-77-204 - Repeal

(1)
If a majority of the electors voting on the ballot issue vote "No/Against", then this part 2 is repealed, effective July 1, 2024.
(2)
If a majority of the electors voting on the ballot issue vote "Yes/For", then this section is repealed, effective July 1, 2024.
Added by 2023 Ch. 258,§ 3, eff. 5/24/2023.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › FEDERAL MANDATES (§ 24-78-101) › Article 78 - [Repealed] (§ 24-78-101) › Section 24-78-101 - to 24-78-203 - [Repealed]

L. 2000: Entire article repealed, p. 22, § 1, effective August 2.
This article was added in 1994.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › INTERNET REGULATION (§§ 24-79-101 — 24-79-102) › Article 79 - LIMITATIONS ON SOURCES OF REVENUE (§§ 24-79-101 — 24-79-102) › Section 24-79-101 - Legislative declaration

(1)
The general assembly finds, determines, and declares that:
(a)
Free and unfettered access by Colorado's citizens to national and global communications media, including, without limitation, the internet, is essential to citizen participation in state and national affairs through the exchange of information and the continued vitality of commerce at the state, national, and international levels;
(b)
Colorado's long-term economic health and competitiveness vis-&#224;-vis the economies of other states and nations, including the benefits of full employment and the attraction of new businesses that may wish to locate here, depend on creating a business environment that is conducive to the continued growth of commerce via the internet and online services;
(c)
A patchwork of local fees and taxes, or the addition of state fees and taxes to those already imposed on business activity, will tend to discourage new investment, reduce the number of jobs available in the state, and dissuade consumers and employers from enjoying the economic, social, and environmental benefits offered by use of the internet, including but not limited to telecommuting, just-in-time inventory control, and advance reservation of goods and services;
(d)
The cost of forgoing these benefits, even partially and even at a local level, will be borne by all citizens of the state in the form of increased traffic congestion, air pollution, a lower quality of life, and lost time and productivity. Therefore, this act addresses a matter of statewide concern.
(e)
Until pending federal legislation resolves issues involving electronic commerce, including whether, and to what extent, state and local taxation of internet access services will further the interests of all participants in the national economy, including the citizens of Colorado, a moratorium of at least three years is appropriate on the imposition of such charges, consistent with the pending national plan.
L. 98: Entire article added, p. 734, § 1, effective May 18.