2019 Colorado Revised Statutes
Title 24 - Government - State


Download as PDF
Colorado Revised Statutes 2019 TITLE 24 GOVERNMENT - STATE Cross references: For elections, see title 1; for peace officers and firefighters, see article 5 of title 29; for state engineer, see article 80 of title 37; for state chemist, see part 4 of article 1 of title 25; for offenses against government, see article 8 of title 18; for the "Uniform Records Retention Act", see article 17 of title 6. ADMINISTRATION ARTICLE 1 Administrative Organization Act of 1968 24-1-101. Legislative declaration. The general assembly declares that this article is necessary to create a structure of state government which will be responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions; to strengthen the powers of the governor and provide a reasonable span of administrative and budgetary controls within an orderly organizational structure of state government; to strengthen the role of the general assembly in state government; to encourage greater participation of the public in state government; to effect the grouping of state agencies into a limited number of principal departments primarily according to function; and to eliminate overlapping and duplication of effort. It is the intent of the general assembly to provide for an orderly transfer of powers, duties, and functions of the various state agencies to such principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense. To the ends stated in this section, this article shall be liberally construed. Source: L. 68: p. 73, § 1. C.R.S. 1963: § 3-28-1. 24-1-102. Short title. This article shall be known and may be cited as the "Administrative Organization Act of 1968". Source: L. 68: p. 73, § 2. C.R.S. 1963: § 3-28-2. 24-1-103. Head of department defined. When the term "head of a principal department" is used in this article, it means the head of one of the principal departments created by this article. Unless the head of a principal department is a state elected official, he shall have the title of executive director of the department or such other title as specifically designated by this article. Colorado Revised Statutes 2019 Page 1 of 2372 Uncertified Printout Source: L. 68: p. 73, § 3. C.R.S. 1963: § 3-28-3. 24-1-104. Policy-making authority and administrative powers of governor delegation. (Repealed) Source: L. 68: p. 73, § 4. CRS 1963: § 3-28-4. L. 81: Entire section repealed, p. 1126, § 1, effective June 29. 24-1-105. Types of transfers. (1) Under this article, a type 1 transfer means the transferring intact of an existing department, institution, or other agency, or part thereof, to a principal department established by this article. When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department, but it shall exercise its prescribed statutory powers, duties, and functions, including rule-making, regulation, licensing, and registration, the promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications, independently of the head of the principal department. Under a type 1 transfer, any powers, duties, and functions not specifically vested by statute in the agency being transferred, including, but not limited to, all budgeting, purchasing, planning, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department. (2) Under this article, a type 2 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this article. When all or part of any department, institution, or other agency is transferred to a principal department under a type 2 transfer, its statutory authority, powers, duties, and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting, purchasing, and planning, are transferred to the principal department. (3) Under this article, a type 3 transfer means the abolishing of an existing department, institution, or other agency and the transferring of all or part of its powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds to a principal department as specified under this article. (4) When any department, institution, or other agency, or part thereof, is transferred by a type 2 or type 3 transfer to a principal department under the provisions of this article, its prescribed powers, duties, and functions, including rule-making, regulation, licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred. Source: L. 68: p. 74, § 5. C.R.S. 1963: § 3-28-5. L. 73: p. 187, § 1. L. 74: (1) and (2) amended, p. 202, § 2, effective July 1. 24-1-106. Agencies not enumerated - continuation. Any board, commission, advisory board, or other entity not enumerated in this article, but established by law within or as advisory Colorado Revised Statutes 2019 Page 2 of 2372 Uncertified Printout to an existing department, institution, or other agency shall continue to exercise all its powers, duties, and functions within or as advisory to such department, institution, or other agency under the principal department and the type of transfer to which such department, institution, or other agency is transferred under this article. Source: L. 68: p. 74, § 6. C.R.S. 1963: § 3-28-6. 24-1-107. Internal organization of department - allocation and reallocation of powers, duties, and functions - limitations. In order to promote economic and efficient administration and operation of a principal department and notwithstanding any other provisions of law, except as provided in section 24-1-105, the head of a principal department, with the approval of the governor, may establish, combine, or abolish divisions, sections, and units other than those specifically created by law and may allocate and reallocate powers, duties, and functions to divisions, sections, and units under the principal department, but no substantive function vested by law in any officer, department, institution, or other agency within the principal department shall be removed from the jurisdiction of such officer, department, institution, or other agency under the provisions of this section. Source: L. 68: p. 75, § 7. C.R.S. 1963: § 3-28-7. L. 73: p. 188, § 1. Cross references: For the definition of "head of a principal department", see § 24-1-103. 24-1-107.5. Nonprofit entities created or supported by state agencies and state-level authorities - requirements - legislative declaration. (1) The general assembly hereby finds and declares that: (a) State agencies and state-level authorities currently benefit from working with nonprofit entities in a variety of areas, including contracting with nonprofit entities to obtain goods or services, developing working relationships with nonprofit entities to further an agency's or authority's goals and objectives, and using nonprofit entities to obtain gifts, bequests, or donations; (b) Although state agencies also benefit from the ability to create nonprofit entities to assist them in carrying out their statutory powers and duties, the expenditure of state revenues through nonprofit entities created by state agencies hampers the general assembly's ability to adequately perform its duties of monitoring state revenues and ensuring that sufficient revenues are available for appropriations to the executive, legislative, and judicial branches of government; (c) In order for the general assembly to carry out its duties to plan for and monitor state revenues, it is the intent of the general assembly to establish specific statutory requirements for the creation of nonprofit entities by state agencies to perform their statutory powers and duties and to establish accountability requirements for certain nonprofit entities formed for the benefit of state agencies; and (d) It is the further intent of the general assembly to: (I) Monitor the creation of nonprofit entities by state-level authorities where the creation of such entities could affect the purpose for which such authorities were established by imposing specific reporting requirements upon those authorities intending to create such entities; and Colorado Revised Statutes 2019 Page 3 of 2372 Uncertified Printout (II) Retain the laws applicable to the separate identity of nonprofit entities created by or on behalf of state agencies. (2) (a) (I) Except as otherwise provided in subsection (3) of this section, commencing July 1, 1999, no state agency or employee or agent acting on behalf of such agency shall establish a nonprofit entity without specific statutory authority if: (A) The purpose of establishing a nonprofit entity is to carry out the governmental functions of the state agency; and (B) The state agency or an employee or agent acting on behalf of such agency has actual control over the management and internal operations of the nonprofit entity. (II) The provisions of this paragraph (a) shall not limit: (A) The office of the governor; (B) State-supported institutions of higher education from using nonprofit entities, such as foundations, institutes, or similar organizations, as authorized in section 23-5-112, C.R.S.; (C) State-supported institutions of higher education from issuing revenue bonds or pledging revenues as authorized in sections 23-5-102, 23-5-103, 23-70-107, and 23-70-108, C.R.S.; (D) The Colorado educational and cultural facilities authority from financing facilities and capital expenditures or refunding or refinancing outstanding indebtedness as authorized in sections 23-15-107 to 23-15-110, C.R.S.; (E) State-supported institutions of higher education from creating or using nonprofit entities to issue obligations for or assist in the financing of capital expenditures on behalf of or for the benefit of such institutions; and (F) The Colorado school for the deaf and the blind, as provided for in article 80 of title 22, C.R.S., from using nonprofit entities, such as foundations, institutes, or similar organizations, as authorized in section 22-80-103, C.R.S. (b) No later than September 1, 1999, each state agency shall provide to the state auditor a list of all nonprofit entities in existence on July 1, 1999, that were established by the state agency or an employee or agent acting on behalf of such agency and that meet the criteria set forth in sub-subparagraphs (A) and (B) of subparagraph (I) of paragraph (a) of this subsection (2), along with a copy of each nonprofit entity's most recent annual audit report or, if such entity has not been audited, the entity's most recent annual financial statement. (c) The provisions of this subsection (2) do not apply to: (I) Repealed. (II) Any nonprofit corporation created by the board of regents of the university of Colorado pursuant to section 23-20-114 (2), C.R.S.; or (III) Any private nonprofit corporation created by any state-supported institution of higher education, as authorized under section 23-5-121, C.R.S., for the purpose of developing discoveries and technology resulting from science and technology research at such institution of higher education. (3) A state-supported institution of higher education may establish a nonprofit entity that would otherwise require specific statutory authority under paragraph (a) of subsection (2) of this section upon a finding by the governing board of the institution that establishing the nonprofit entity would be in the best interests of the institution. (4) (a) (I) Except as otherwise provided in sections 23-5-112 (3) and 23-5-121, C.R.S., subparagraph (II) of this paragraph (a), and paragraph (b) of this subsection (4), any nonprofit Colorado Revised Statutes 2019 Page 4 of 2372 Uncertified Printout entity created by or on behalf of a state agency under paragraph (a) of subsection (2) of this section or subsection (3) of this section and any nonprofit entities reported under paragraph (b) of subsection (2) of this section shall be subject to an annual audit by the state auditor or his or her designee as required for state agencies under section 2-3-103 (1), C.R.S. (II) The provisions of this paragraph (a) do not apply to any nonprofit corporation created by the board of regents of the university of Colorado pursuant to section 23-20-114 (2), C.R.S. (b) If any nonprofit entity, created for the sole benefit of one or more state-supported institutions of higher education, issues obligations to finance capital expenditures for the benefit of the institution or institutions and pledges payments to be received from the institution or institutions in repayment of such obligations, such capital financing activities are subject to the same audit requirements imposed for gifts and bequests received by a nonprofit entity under section 23-5-112 (3), C.R.S. (5) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), beginning July 1, 1999, each state-level authority intending to create or participate in the creation of a nonprofit entity shall file a statement with the state auditor regarding its intent to create such entity. The statement shall include information about the purpose and use of the nonprofit entity. The statelevel authority shall file such statement at least thirty days prior to the incorporation of the nonprofit entity. (II) For purposes of the requirements specified in this paragraph (a), the office of the governor, the university of Colorado hospital authority, created in part 5 of article 21 of title 23, C.R.S., and the Denver health and hospital authority created in part 1 of article 29 of title 25, C.R.S., shall not be required to provide notice of its intent to create a nonprofit entity or to disclose any information relating to the modification, initiation, or cessation of patient care programs if the disclosure of such information would give an unfair competitive or bargaining advantage to any person or entity. (b) For fiscal years ending after June 30, 1999, each state-level authority shall report the annual financial activities of any nonprofit entity it has created in conjunction with the filing of its annual financial audit report with the state auditor as required under section 29-1-603, C.R.S. The reporting of such financial activities may be a part of the audited financial statements if the financial activities are separately identified or the reporting may be performed separately. (6) (a) Except as provided in this section or other applicable law, any nonprofit entity supported by or established by or on behalf of a state agency shall not be an agency or department of state government and shall not be subject to any provisions of law affecting only governmental or public entities. The state of Colorado or the applicable state agency shall not be held responsible for any debt or liability incurred by any nonprofit entity supported by or established by or on behalf of a state agency, except as otherwise provided by law. (b) The provisions of this subsection (6) shall apply to any nonprofit entity supported by or created by or on behalf of a state agency regardless of whether such entity is subject to the requirements specified in this section. (7) For purposes of this section: (a) "Nonprofit entity" means a nonprofit corporation created under the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S. "Nonprofit entity" may include, but is not limited to, a corporation, a partnership, a joint venture, a foundation, and an institute. Colorado Revised Statutes 2019 Page 5 of 2372 Uncertified Printout (b) "State agency" means an agency as defined in section 24-3-101 or an institution of higher education. (c) "State-level authority" means a special purpose authority as defined in section 24-77102 (15) and excludes nonprofit entities created by and for local governmental entities, such as municipalities, counties, city and counties, school districts, and special districts. Source: L. 95: Entire section added, p. 460, § 1, effective May 16. L. 99: Entire section R&RE, p. 1350, § 1, effective June 3. L. 2003: (2)(a)(II)(D) and (2)(a)(II)(E) amended and (2)(a)(II)(F) added, p. 1585, § 18, effective September 1. L. 2011: (3) amended, (HB 11-1301), ch. 297, p. 1420, § 10, effective August 10. L. 2018: (2)(c)(I) repealed, (HB 18-1375), ch. 274, p.1704, § 32, effective May 29. 24-1-108. Appointment of officers and employees - repeal. (1) Any provisions of law to the contrary notwithstanding and subject to the provisions of the constitution of the state of Colorado, the head of a principal department shall be appointed by the governor, with the consent of the senate. The head of a principal department shall appoint all subordinate officers and employees of his or her office and the head of each division under his or her department, and the head of each division shall appoint all employees in his or her division, but all appointments made by the head of a principal department and heads of divisions shall be made in accordance with section 24-2-102. (2) In the event that the lieutenant governor is appointed during his or her term of office to concurrently serve as the head of a principal department: (a) Acceptance or retention of such an appointment shall not result in a forfeiture of the office of lieutenant governor; and (b) It shall be deemed that holding the office of lieutenant governor while concurrently serving as the head of a principal department is not incompatible, inconsistent, or in conflict with the duties of the lieutenant governor or with the duties, powers, and functions of the head of a principal department. (3) Repealed. (4) In the event that the lieutenant governor is appointed during his or her term of office to concurrently serve as the director of the office of saving people money on health care within the office of the governor: (a) Acceptance or retention of such an appointment shall not result in a forfeiture of the office of lieutenant governor; and (b) It shall be deemed that holding the office of lieutenant governor while concurrently serving as the director of the office of saving people money on health care is not incompatible, inconsistent, or in conflict with the duties of the lieutenant governor or with the duties, powers, and functions of the director of the office of saving people money on health care. Source: L. 68: p. 75, § 8. C.R.S. 1963: § 3-28-8. L. 71: p. 103, § 5. L. 2011: Entire section amended, (HB 11-1155), ch. 90, p. 264, § 1, effective April 6. L. 2016: (2) amended and (3) added, (HB 16-1462), ch. 192, p. 680, § 1, effective May 26. L. 2019: (4) added, (HB 191127), ch. 310, p. 2808, § 1, effective May 28. Colorado Revised Statutes 2019 Page 6 of 2372 Uncertified Printout Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective January 10, 2019. (See L. 2016, p. 680.) Cross references: For the appointment of officers by governor, see § 6 of art. IV, Colo. Const. 24-1-109. Office of the governor. The powers, duties, and functions now vested by law in the office of the governor are continued. Temporary commissions, unless otherwise provided, when established by law or by the governor, shall be units of the office of the governor. Interstate compacts authorized by law shall be administered under the direction of the office of the governor. Source: L. 68: p. 75, § 9. C.R.S. 1963: § 3-28-9. L. 70: p. 104, § 1. L. 71: pp. 119, 1062, §§ 7, 4. Cross references: For the constitutional powers of the governor, see §§ 2 and 5 to 12 of art. IV, Colo. Const. 24-1-110. Principal departments. (1) In accordance with the provisions of section 22 of article IV of the state constitution, all executive and administrative offices, agencies, and instrumentalities of the executive department of the state government and their respective functions, powers, and duties, except as otherwise provided by law, are allocated among and within the following principal departments created by this article: (a) Department of state; (b) Department of the treasury; (c) Department of law; (d) Department of higher education; (e) Department of education; (f) Repealed. (g) Department of revenue; (h) (Deleted by amendment, L. 93, p. 1087, § 3, effective July 1, 1994.) (i) Department of public health and environment; (j) (Deleted by amendment, L. 93, p. 1087, § 3, effective July 1, 1994.) (k) Department of labor and employment; (l) Department of regulatory agencies; (m) Department of agriculture; (n) Department of natural resources; (o) Department of local affairs; (p) (Deleted by amendment, L. 91, p. 1054, § 4, effective July 1, 1991.) (q) Department of military and veterans affairs; (r) Department of personnel; (s) Repealed. (t) Department of corrections; (u) Department of public safety; (v) Department of transportation; Colorado Revised Statutes 2019 Page 7 of 2372 Uncertified Printout (w) Department of human services; (x) Department of health care policy and financing. Source: L. 68: p. 75, § 10. C.R.S. 1963: § 3-28-10. L. 72: p. 577, § 5. L. 74: (1)(t) added, p. 202, § 3, effective May 17. L. 77: (1)(t) amended, p. 950, § 14, effective July 13. L. 83: (1)(u) added and (1)(s) repealed, pp. 960, 971, §§ 2, 28, effective July 1, 1984. L. 91: Entire section amended, p. 1054, § 4, effective July 1. L. 93: Entire section amended, p. 1087, § 3, effective July 1, 1994. L. 95: (1)(f) repealed, p. 622, § 1, effective July 1. L. 2002: (1)(q) amended, p. 357, § 10, effective July 1. Cross references: (1) For legislative oversight of principal departments, see article 7 of title 2; for the establishment of the office of state planning and budgeting within the office of the governor, see article 37 of this title. (2) For the legislative declaration contained in the 1995 act repealing subsection (1)(f), see section 112 of chapter 167, Session Laws of Colorado 1995. (3) For the legislative declaration contained in the 2002 act amending subsection (1)(q), see section 1 of chapter 121, Session Laws of Colorado 2002. 24-1-111. Department of state - creation. (1) There is hereby created a department of state, the head of which shall be the secretary of state. (2) The department of state and the office of secretary of state, created by article IV of the state constitution, and the powers, duties, and functions vested by law in said department and said office are transferred by a type 2 transfer to the department of state, subject to the state constitution. (3) The department of state includes the electronic recording technology board established in section 24-21-402 (1), and its powers, duties, and functions, as if the board were transferred by a type 1 transfer, as such transfer is defined in section 24-1-105. Source: L. 68: p. 76, § 11. C.R.S. 1963: § 3-28-11. L. 2016: (3) added, (SB 16-115), ch. 356, p. 1477, § 2, effective June 10. Cross references: For the creation of the department of state and office of secretary of state, see also §§ 1 and 22 of art. IV, Colo. Const. 24-1-112. Department of the treasury - creation. (1) There is hereby created a department of the treasury, the head of which shall be the state treasurer. (2) The powers, duties, and functions of the department of the treasury, created by article 36 of this title, and the powers, duties, and functions vested by law or the state constitution in the office of state treasurer are transferred by a type 2 transfer to the department of the treasury, subject to the state constitution. Source: L. 68: p. 76, § 12. C.R.S. 1963: § 3-28-12. Cross references: For the creation of the treasury department and office of state treasurer, see §§ 1 and 22 of art. IV, Colo. Const. Colorado Revised Statutes 2019 Page 8 of 2372 Uncertified Printout 24-1-113. Department of law - creation. (1) There is hereby created a department of law, the head of which shall be the attorney general. (2) Except as otherwise provided in this article or by law, the powers, duties, and functions of the department of law, created by article 31 of this title, and all other powers, duties, and functions vested by law or the state constitution in the office of attorney general are transferred by a type 2 transfer to the department of law, subject to the state constitution. (3) The department of law includes the following: (a) Division of legal affairs. The division of legal affairs, created by article 31 of this title, and its powers, duties, and functions are transferred by a type 2 transfer to the department of law as the division of legal affairs. (b) Division of state solicitor general, including the office of state solicitor general, created by part 2 of article 31 of this title. The division of state solicitor general and the office of state solicitor general shall perform their duties and exercise their powers under the department of law, as if the division of state solicitor general and office of state solicitor general were transferred by a type 2 transfer, as a division thereof. (c) Repealed. (d) The peace officers standards and training board created in part 3 of article 31 of this title. The peace officers standards and training board shall exercise its powers and perform its duties under the department of law as if the same were transferred by a type 2 transfer. (4) (a) The collection agency board, created by article 16 of title 5, and its powers, duties, and functions are transferred by a type 2 transfer to the department of law as a section of the division of legal affairs and shall be under the supervision of the administrator of the "Uniform Consumer Credit Code", whose office is created by section 5-6-103. (b) Repealed. Source: L. 68: p. 76, § 13. C.R.S. 1963: § 3-28-13. L. 73: pp. 176, 1476, §§ 3, 38. L. 77: (4) added, p. 633, § 7, effective July 1. L. 83: (4)(b) repealed, p. 522, § 2, effective March 15. L. 84: (3)(c) added, p. 1047, § 2, effective July 1. L. 92: (3)(d) added, p. 1091, § 1, effective March 6. L. 93: (3)(c) repealed, p. 974, § 1, effective July 1. L. 94: IP(3) amended, p. 1725, § 1, effective May 31. L. 2017: (4)(a) amended, (HB 17-1238), ch. 260, p. 1173, § 19, effective August 9. Cross references: For creation of the department of law and office of attorney general, see also §§ 1 and 22 of art. IV, Colo. Const. 24-1-114. Department of higher education - creation. (1) There is hereby created a department of higher education, the head of which shall be the executive director of the Colorado commission on higher education, who shall be appointed by the governor and whose powers and duties are as specified in this section. (2) The Colorado commission on higher education and the office of executive director thereof, created by article 1 of title 23, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of higher education. (2.5) Repealed. (3) The department of higher education shall include the following divisions: (a) Repealed. Colorado Revised Statutes 2019 Page 9 of 2372 Uncertified Printout (b) State historical society, created by part 2 of article 80 of this title. Its powers, duties, and functions, are transferred by a type 1 transfer to the department of higher education as a division thereof. (c) The student loan division, created by article 3.1 of title 23, C.R.S. The division and the director thereof shall exercise their powers and perform their duties and functions as if transferred to the department by a type 2 transfer. (d) The private occupational school division, created by article 64 of title 23. The private occupational school board, created by section 23-64-107, shall exercise its powers and perform its duties and functions as if transferred to the department by a type 1 transfer. The division, except for the private occupational school board, and the director thereof shall exercise their powers and perform their duties and functions as if transferred to the department by a type 2 transfer. (4) For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law: (a) The regents of the university of Colorado, created by section 12 of article IX of the state constitution, and the university of Colorado, created by section 5 of article VIII of the state constitution; (b) The board of governors of the Colorado state university system, created by part 1 of article 30 of title 23, C.R.S.; Colorado state university, created by article 31 of title 23, C.R.S.; and Colorado state university - Pueblo, created by article 31.5 of title 23, C.R.S.; (c) (Deleted by amendment, L. 2003, p. 792, § 17, effective July 1, 2003.) (d) The board of trustees for the university of northern Colorado, created by section 2340-104 (1), C.R.S., and the university of northern Colorado at Greeley, created by article 40 of title 23, C.R.S.; (e) The board of trustees of the Colorado school of mines, created by article 41 of title 23, C.R.S., and the school of mines at Golden, created by section 5 of article VIII of the state constitution; (f) State board for community colleges and occupational education and the offices of director of occupational education and director of community and technical colleges, created by article 60 of title 23, C.R.S.; (g) Repealed. (h) The board of trustees for Adams state university, created by article 51 of title 23, C.R.S.; (i) The board of trustees for Colorado Mesa university, created by article 53 of title 23, C.R.S.; (j) The board of trustees for Metropolitan state university of Denver, created by article 54 of title 23, C.R.S.; (k) The board of trustees for Western Colorado university, created by article 56 of title 23; (l) The board of trustees for Fort Lewis College, created by article 52 of title 23, C.R.S. (5) (a) With respect to the divisions of the department specified in subsection (3) of this section, the executive director shall have the powers, duties, and functions prescribed in this article for heads of principal departments. Colorado Revised Statutes 2019 Page 10 of 2372 Uncertified Printout (b) With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303, 23-18-304, and 23-41104.6, with universities, colleges, and boards, in consultation with the Colorado commission on higher education. (6) The office of state archaeologist, created by part 4 of article 80 of this title, and its powers, duties, and functions are transferred by a type 2 transfer to the state historical society, as a section thereof. Source: L. 68: p. 77, § 14. C.R.S. 1963: § 3-28-14. L. 72: p. 577, § 6. L. 73: p. 1384, § 2. L. 75: (4)(c)(V) added and (4)(d) amended, p. 214, §§ 37, 38, effective July 16. L. 77: (4)(c)(III) amended, p. 281, § 29, effective June 29. L. 79: (3)(c) added, p. 823, § 2, effective July 1. L. 83: (2.5) added, p. 803, § 8, effective June 3; (4)(b) amended and (4)(c)(III) repealed, § 9, p. 2049, effective October 14. L. 85: (3)(c) amended, p. 1361, § 17, effective June 28. L. 88: IP(4)(c) and (4)(c) amended, p. 863, § 23, effective July 1. L. 90: (3)(d) added and (4)(c)(II) amended, pp. 1159, 1156, §§ 3, 14, effective July 1. L. 92: (3)(a) amended, p. 561, § 4, effective March 25. L. 93: (4)(g) added, p. 926, § 1, effective May 28. L. 95: (1) amended, p. 1102, § 34, effective May 31. L. 98: (3)(d) amended, p. 50, § 28, effective March 17. L. 99: (2.5) repealed, p. 876, § 2, effective July 1. L. 2000: (4)(g) repealed, p. 1569, § 2, effective July 1. L. 2002: (4)(b) amended, p. 1246, § 17, effective August 7; (4)(b) amended, p. 709, § 10, effective July 1, 2003. L. 2003: (4)(c) amended and (4)(h), (4)(i), (4)(j), and (4)(k) added, p. 792, § 17, effective July 1. L. 2004: (5)(b) amended, p. 718, § 6, effective July 1. L. 2005: (5)(b) amended, p. 767, § 35, effective June 1. L. 2006: (3)(a) amended, p. 1658, § 2, effective July 1. L. 2008: (3)(d) amended, p. 1482, § 26, effective May 28. L. 2010: (4)(b) amended and (4)(l) added, (HB 101422), ch. 419, p. 2081, § 58, effective August 11. L. 2011: (4)(i) amended, (SB 11-265), ch. 292, p. 1368, § 25, effective August 10. L. 2012: (4)(h) amended, (HB 12-1080), ch. 189, p. 761, § 24, effective May 19; (4)(j) amended, (SB 12-148), ch. 125, p. 428, § 19, effective July 1; (4)(k) amended, (HB 12-1331), ch. 254, p. 1271, § 19, effective August 1. L. 2013: (4)(b) amended, (HB 13-1300), ch. 316, p. 1680, § 46, effective August 7. L. 2014: (5)(b) amended, (HB 14-1319), ch. 169, p. 614, § 15, effective May 9. L. 2017: (5)(b) amended, (SB 17-297), ch. 210, p. 822, § 21, effective May 18; (3)(d) amended, (HB 17-1239), ch. 261, p. 1207, § 17, effective August 9. L. 2019: (4)(k) amended, (HB 19-1178), ch. 400, p. 3547, § 19, effective July 1. Editor's note: (1) Amendments to subsection (4)(b) by House Bill 02-1260 and House Bill 02-1324 were harmonized. (2) Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2006. (See L. 2006, p. 1658.) Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (5)(b), see section 1 of chapter 6, Session Laws of Colorado 2004. (2) For the legislative declaration in the 2011 act amending subsection (4)(i), see section 1 of chapter 292, Session Laws of Colorado 2011. Colorado Revised Statutes 2019 Page 11 of 2372 Uncertified Printout (3) For the legislative declaration in the 2012 act amending subsection (4)(j), see section 1 of chapter 125, Session Laws of Colorado 2012. 24-1-115. Department of education - creation. (1) There is hereby created a department of education, the head of which shall be the commissioner of education, who shall be appointed by the state board of education. (2) The state board of education, created by part 1 of article 2 of title 22, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of education. (3) The state department of education and the office of the commissioner of education, created by part 1 of article 2 of title 22, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of education subject to the state constitution. (4) The department of education shall include the state library, the ex officio head of which shall be the commissioner of education. The state library, created by article 90 of this title, and its powers, duties, and functions are transferred by a type 2 transfer to the department of education as a division thereof. (5) The state board of teacher certification, created by article 1 of chapter 123, C.R.S. 1963, and its powers, duties, and functions are transferred by a type 3 transfer to the department of education as additional powers, duties, and functions of the state board of education, and the state board of teacher certification is abolished. (6) Repealed. (7) (Deleted by amendment, L. 2003, p. 1586, § 19, effective July 1, 2004.) (8) The Colorado school for the deaf and the blind, as provided for in article 80 of title 22, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of education. (9) The department of education shall include the state charter school institute established in section 22-30.5-503, C.R.S., and its powers, duties, and functions, as if the institute were transferred by a type 1 transfer to the department of education. (10) The department of education shall include the division of online learning established in section 22-30.7-103, C.R.S., and its powers, duties, and functions, as if the division were transferred by a type 2 transfer to the department of education. (11) (a) The department of education shall include the division of public school capital construction assistance established in section 22-43.7-105, C.R.S., and its powers, duties, and functions, as if the division were transferred by a type 2 transfer to the department of education. (b) The department of education shall include the public school capital construction assistance board established in section 22-43.7-106, C.R.S., and its powers, duties, and functions, as if the board were transferred by a type 1 transfer to the department of education. (12) The department of education shall include the facility schools unit established in section 22-2-403, C.R.S., and its powers, duties, and functions, as if the unit were transferred by a type 2 transfer to the department of education. (13) The department of education shall include the facility schools board established in section 22-2-404, C.R.S., and its powers, duties, and functions, as if the board were transferred by a type 1 transfer to the department of education. (14) The department of education shall include the Colorado state advisory council for parent involvement in education created in section 22-7-303, C.R.S., and its powers, duties, and functions, as if the council were transferred by a type 2 transfer to the department of education. Colorado Revised Statutes 2019 Page 12 of 2372 Uncertified Printout (15) The department of education shall include the office of dropout prevention and student re-engagement established in section 22-14-103, C.R.S., and its powers, duties, and functions, as if the office were transferred by a type 2 transfer to the department of education. (16) The department of education shall include the concurrent enrollment advisory board created in section 22-35-107, C.R.S., and its powers, duties, and functions, as if the board were transferred by a type 2 transfer to the department of education. Source: L. 68: p. 78, § 15. C.R.S. 1963: § 3-28-15. L. 75: (4)(c)(V) and (6) added and (4)(d) amended, p. 681, § 2, effective July 16. L. 77: (7) added, § 4, effective July 1. L. 2003: (7) amended and (8) added, p. 1586, § 19, effective July 1, 2004. L. 2004: (9) added, p. 1649, § 58, effective July 1. L. 2007: (10) added, p. 1084, § 4, effective July 1. L. 2008: (11) added, p. 1063, § 5, effective May 22; (12) and (13) added, p. 1381, § 2, effective May 27; (6) repealed, p. 1902, § 88, effective August 5. L. 2009: (15) added, (HB 09-1243), ch. 290, p. 1424, § 7, effective May 21; (16) added, (HB 09-1319), ch. 286, p. 1322, § 12, effective May 21; (14) added, (SB 09-090), ch. 291, p. 1445, § 20, effective August 5. 24-1-116. Department of administration - creation. (Repealed) Source: L. 68: p. 78, § 16. C.R.S. 1963: § 3-28-16. L. 70: p. 107, § 4. L. 71: pp. 103, 117, 119, 316, §§ 6, 1, 7, 21. L. 74: (3) repealed, p. 204, § 9, July 1. L. 75: (2)(g) added and (1)(l) and (2)(b) repealed, pp. 214, 822, §§ 39, 21, effective July 18. L. 76: (2)(h) added, p. 582, § 13, effective May 24. L. 77: (4)(b) amended, p. 1176, § 2, effective May 18; (2)(i) added, p. 1177, § 1, effective June 20. L. 79: (5) added, p. 886, § 3, effective July 1. L. 81: (2)(a) amended, p. 1286, § 3, effective January 1, 1982. L. 83: (2)(g) R&RE, p. 888, § 2, effective July 1. L. 85, 1st Ex. Sess.: p. 9, §§ 2, 3. L. 86: (3), (2)(j)(II), and (6) repealed, (1) amended, and (2)(d.5) added, pp. 757, 884, 900, 1225, §§ 13, 3, 2, 47, effective May 30. L. 87: (2)(h) amended, (8) added, and (2)(d) repealed, pp. 960, 983, 984, 1103, §§ 63, 3, 7, 2, effective July 1. L. 88: (4)(c) amended, p. 1435, § 29, effective June 11. L. 89: (2)(d.5) amended, p. 1024, § 1, effective March 9; (4)(c) and (7) repealed, pp. 491, 1646, §§ 23, 21, effective July 1. L. 90: (4)(d) amended, p. 1840, § 17, effective May 31. L. 94: (2)(d.5) amended, p. 48, § 1, effective March 11. L. 95: Entire section repealed, p. 622, § 2, effective July 1. 24-1-117. Department of revenue - creation. (1) There is hereby created a department of revenue, the head of which shall be the executive director of the department of revenue, who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. (2) The department of revenue and the office of director of revenue, created by article 35 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of revenue. (3) The powers, duties, and functions of the secretary of state with respect to fermented malt beverages and malt, vinous, and spirituous liquors under the provisions of articles 3, 4, and 5 of title 44, are transferred by a type 2 transfer to the department of revenue. (4) (a) The department of revenue shall consist of the following divisions: (I) and (II) (Deleted by amendment, L. 2000, p. 1632, § 1, effective June 1, 2000.) Colorado Revised Statutes 2019 Page 13 of 2372 Uncertified Printout (III) Repealed. (IV) Liquor enforcement division; (V) State lottery division; (VI) Division of racing events, including the Colorado racing commission; (VII) Division of gaming, including the Colorado limited gaming control commission; (VIII) (Deleted by amendment, L. 2005, p. 1185, § 41, effective August 8, 2005.) (IX) Such other groups, divisions, sections, and units as the executive director of the department of revenue may create pursuant to section 24-35-103; and (X) The auto industry division created in section 44-20-105. The division shall exercise its powers and perform its duties and functions under the department of revenue as if the division were transferred to the department by a type 2 transfer as described in section 24-1-105. (b) Repealed. (c) (I) Whenever any law of this state or any rule promulgated under the laws of this state refers to the division of enforcement of the department of revenue, such law or rule shall be deemed to refer to the department of revenue. (II) Repealed. (5) The motor carrier services division, created in section 42-8-103 (1), C.R.S., prior to the repeal of said subsection (1) by House Bill 12-1019, enacted in 2012, is abolished, and its powers, duties, and functions are transferred by type 3 transfers as follows: (a) The powers, duties, and functions of its ports of entry section are transferred to the department of public safety and allocated to the Colorado state patrol. (b) Its powers, duties, and functions relating to commercial driver's licenses and the international registration plan are transferred to the department of revenue. Source: L. 68: p. 80, § 17. C.R.S. 1963: § 3-28-17. L. 71: p. 104, § 7. L. 73: p. 1475, § 37. L. 81: (4) amended, p. 1885, § 8, effective January 1, 1982. L. 82: (4) amended, pp. 385, 643, §§ 4, 4, effective April 30. L. 86: (1) amended, p. 885, § 4, effective May 23. L. 87: (4) amended, p. 865, § 1, effective June 20. L. 91: (4) amended, p. 1591, § 13, effective June 4. L. 93: (4) amended, p. 1783, § 53, effective June 6; (4) amended, p. 1033, § 15, effective July 1; (4) amended, p. 1237, § 6, effective July 1. L. 94: (4)(b) repealed, p. 692, § 1, effective April 19. L. 96: (4)(a) amended, p. 1545, § 1, effective July 1. L. 2000: (4) amended, p. 1632, § 1, effective June 1. L. 2005: (4)(a) amended, p. 17, § 2, effective July 1; (4)(a)(VII) and (4)(a)(VIII) amended, p. 1185, § 41, effective August 8. L. 2012: (4)(a)(III) and (4)(c)(II) repealed and (5) added, (HB 12-1019), ch. 135, p. 463, § 1, effective July 1. L. 2017: (4)(a)(VII) and (4)(a)(IX) amended and (4)(a)(X) added, (SB 17-240), ch. 395, p. 2055, § 27, effective July 1. L. 2018: (4)(a)(X) amended, (SB 18-030), ch. 7, p. 139, § 9, effective October 1. L. 2019: (3) amended, (SB 19-241), ch. 390, p. 3468, § 24, effective August 2. Editor's note: Amendments to subsection (4) by House Bills 93-1034, 93-1268, and 931342 were harmonized. 24-1-118. Department of institutions - creation. (Repealed) Source: L. 68: p. 81, § 18. C.R.S. 1963: § 3-28-18. L. 71: pp. 104, 689, §§ 8, 2. L. 73: p. 394, § 7. L. 75: (5) added, p. 214, § 40, effective July 16. L. 77: (3)(n) repealed, p. 293, § 7, Colorado Revised Statutes 2019 Page 14 of 2372 Uncertified Printout effective May 26; (3)(l) repealed, p. 1095, § 5, effective July 1; (3)(a), (3)(b), and (3)(m) repealed, p. 955, § 37, effective August 1. L. 79: (6) added, p. 1119, § 2, effective July 1. L. 83: (3)(d), (3)(e), (3)(f) amended, p. 1160, § 17, effective April 26. L. 85: (3)(g) and (3)(h) amended, p. 710, § 8, effective March 30. L. 86: (1) amended, p. 885, § 5, effective May 23. L. 87: (5) amended, p. 819, § 31, effective July 10. L. 88: (3)(j) and (3)(k) repealed, pp. 754, 1431, §§ 5, 10, effective June 11. L. 89: (5)(b) repealed and (5.5) added, p. 922, §§ 9, 7, effective July 1. L. 91: (3)(c) and (3)(i) amended, p. 1144, § 10, effective May 18. L. 93: (7) added by revision, pp. 1088, 1168, §§ 4, 151. Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 1994. (See L. 93, pp. 1088, 1168.) 24-1-119. Department of public health and environment - creation. (1) There is hereby created a department of public health and environment. The head of the department shall be the executive director of the department of public health and environment. The governor shall appoint said executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. (2) The state board of health, created by part 1 of article 1 of title 25, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of public health and environment as the state board of health. (3) The state water quality control commission, created by part 2 of article 8 of title 25, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of public health and environment as the state water quality control commission. Anything in this article to the contrary notwithstanding, the state board of health shall have no powers, duties, or functions with respect to water pollution control. (4) Except for the state board of health, the state department of public health and the office of the executive director thereof, created by part 1 of article 1 of title 25, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of public health and environment. (5) The department of public health and environment shall consist of the following divisions: (a) Division of administration. The division of administration, created by part 1 of article 1 of title 25, C.R.S., except for the office of the executive director of the state department of public health, and its powers, duties, and functions are transferred by a type 2 transfer to the department of public health and environment as the division of administration. (b) (Deleted by amendment, L. 93, p. 1089, § 5, effective July 1, 1994.) (c) The prevention services division, created in article 20.5 of title 25, C.R.S. (6) The division of administration shall include the following: (a) The office of state chemist, created by part 4 of article 1 of title 25, C.R.S. Said office and its powers, duties, and functions are transferred by a type 2 transfer to the department of public health and environment and allocated to the division of administration as a section thereof. (b) The office of state registrar of vital statistics, created by article 2 of title 25, C.R.S. Said office and its powers, duties, and functions are transferred by a type 2 transfer to the Colorado Revised Statutes 2019 Page 15 of 2372 Uncertified Printout department of public health and environment and allocated to the division of administration as a section thereof. (c) Repealed. (d) The plant operators certification board, created by article 9 of title 25, C.R.S. (6.3) and (6.5) Repealed. (7) (a) The air quality control commission, created by part 1 of article 7 of title 25, C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer to the department of public health and environment. Anything in this article to the contrary notwithstanding, the state board of health shall have no powers, duties, or functions with respect to air pollution other than as provided in section 25-7-111 (1), C.R.S. (b) Repealed. (c) The office of technical secretary, created by part 1 of article 7 of title 25, C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer to the department of public health and environment and allocated to the air quality control commission. (8) The solid and hazardous waste commission, created in part 3 of article 15 of title 25, C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer to the department of public health and environment. (9) and (10) Repealed. (11) The office of health equity, created by section 25-4-2204, C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of public health and environment. (12) The primary care office, created by part 4 of article 1.5 of title 25, C.R.S., shall exercise its powers and perform its duties and functions as if it were transferred by a type 2 transfer to the department of public health and environment. Source: L. 68: p. 81, § 19. C.R.S. 1963: § 3-28-19. L. 70: pp. 237, 424, §§ 3, 4, 14. L. 71: pp. 104, 657, §§ 9, 2. L. 73: p. 751, § 2. L. 74: (6)(c) repealed, p. 277, § 6, effective July 1. L. 79: (7) amended, p. 1058, § 3, effective June 20. L. 82: (5)(b) amended, p. 603, § 4, effective May 2. L. 83: (7) amended, p. 2049, § 10, effective October 14. L. 84: (7)(b) repealed, p. 768, § 1, effective July 1. L. 86: (1) amended, p. 885, § 6, effective May 23. L. 92: (8) added, p. 1235, § 1, effective August 1. L. 93: Entire section amended, p. 1089, § 5, effective July 1, 1994. L. 2000: (5)(c) added, p. 586, § 13, effective May 18; (9) added, p. 1569, § 1, effective July 1. L. 2002: (6.5) added, p. 1574, § 2, effective June 7; (10) added, p. 427, § 2, effective July 1. L. 2004: (6.5) repealed, p. 862, § 3, effective May 21; (5)(c) amended, p. 113, § 1, effective August 4. L. 2006: (8) amended, p. 1138, § 25, effective July 1. L. 2007: (11) added, p. 904, § 1, effective May 15. L. 2009: (6.3) added, (HB 09-1111), ch. 396, p. 2141, § 4, effective June 2. L. 2013: (9) repealed, (HB 13-1117), ch. 169, p. 588, § 19, effective July 1; (6.3) repealed and (12) added, (HB 13-1074), ch. 150, p. 490, § 5, effective August 7; (10) repealed, (HB 13-1139), ch. 120, p. 407, § 1, effective August 7; (11) amended, (HB 13-1088), ch. 25, p. 64, § 9, effective August 7. Cross references: (1) For employment of a technical secretary by the air quality control commission, see § 25-7-105 (3). Colorado Revised Statutes 2019 Page 16 of 2372 Uncertified Printout (2) For the legislative declaration in the 2013 act repealing subsection (9), see section 1 of chapter 169, Session Laws of Colorado 2013. 24-1-119.5. Department of health care policy and financing - creation. (1) There is hereby created a department of health care policy and financing, the head of which shall be the executive director of the department of health care policy and financing, which office is hereby created. The governor shall appoint the executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20109. (2) The powers, duties, and functions relating to the "Colorado Medical Assistance Act", as specified in articles 4, 5, and 6 of title 25.5, C.R.S., are transferred by a type 2 transfer to the department of health care policy and financing. (3) Repealed. (4) The powers, duties, and functions relating to the "Colorado Indigent Care Program", as specified in part 1 of article 3 of title 25.5, C.R.S., are transferred by a type 2 transfer to the department of health care policy and financing. (4.5) The powers, duties, and functions relating to the old age pension health and medical care program, as specified in section 25.5-2-101, C.R.S., are transferred by a type 2 transfer to the department of health care policy and financing. (5) The medical services board created in part 3 of article 1 of title 25.5, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of health care policy and financing. (6) (Deleted by amendment, L. 2006, p. 2007, § 68, effective July 1, 2006.) (7) Repealed. (8) The powers, duties, and functions relating to programs, services, and supports for persons with intellectual and developmental disabilities, as specified in article 10 of title 25.5, C.R.S., are transferred by a type 2 transfer to the department of health care policy and financing. (9) The Colorado healthcare affordability and sustainability enterprise created in section 25.5-4-402.4 (3) shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer, as defined in section 24-1-105, to the department of health care policy and financing. Source: L. 93: Entire section added, p. 1091, § 6, effective July 1, 1994. L. 94: (5) added, p. 1559, § 3, effective July 1. L. 95: (6) added, p. 501, § 1, effective May 16. L. 98: (7) added, p. 458, § 18, effective April 21. L. 2001: (7) repealed, p. 917, § 15, effective August 8. L. 2003: (4.5) added, p. 2583, § 2, effective July 1. L. 2006: (2), (4), (4.5), and (6) amended, p. 2007, § 68, effective July 1. L. 2007: (3) repealed, p. 2032, § 45, effective June 1. L. 2011: (4.5) amended, (SB 11-210), ch. 187, p. 721, § 5, effective July 15, 2012. L. 2013: (8) added, (HB 131314), ch. 323, p. 1805, § 34, effective March 1, 2014. L. 2017: (9) added, (SB 17-267), ch. 267, p. 1440, § 6, effective July 1. Editor's note: Section 34 of chapter 267 (SB 17-267), Session Laws of Colorado 2017, provides that the section of the act amending this section does not take effect if the centers for medicare and medicaid services determine that the amendments do not comply with federal law. Colorado Revised Statutes 2019 Page 17 of 2372 Uncertified Printout For more information, see SB 17-267. (L. 2017, p. 1477.) The executive director of the department of health care policy and financing did not notify the revisor of statutes by June 1, 2017, of such determination; therefore, amendments to this section took effect July 1, 2017. Cross references: For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017. 24-1-120. Department of human services - creation. (1) There is hereby created a department of human services, the head of which shall be the executive director of the department of human services, which office is hereby created. The governor shall appoint the executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. (2) Except as otherwise provided in title 26, C.R.S., the powers, duties, and functions of the department of social services and the department of institutions are transferred by a type 3 transfer to the department of human services, and the department of social services and the department of institutions are abolished. (3) The state board of social services, created by article 1 of title 26, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services as the state board of human services. (4) Unless otherwise transferred to the department of health care policy and financing or the department of public health and environment, the department of human services shall exercise the following powers and perform the following duties: (a) Powers, duties, and functions relating to public assistance and welfare, which are transferred by a type 2 transfer to the department of human services; (b) and (c) Repealed. (5) The department of human services shall include the following: (a) The Colorado commission on the aging and the office of the director thereof. Said office and director and their powers, duties, and functions are transferred by a type 2 transfer to the department of human services. (b) The Colorado veterans community living center at Homelake, which is transferred by a type 2 transfer to the department of human services; (c) The Colorado veterans community living centers, created by part 2 of article 12 of title 26, C.R.S., which are transferred by a type 2 transfer to the department of human services; (d) The merit system council, created by article 1 of title 26, C.R.S. Said council and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services. (e) The powers, duties, and functions regarding the state information agency under the "Uniform Interstate Family Support Act", created by article 5 of title 14, C.R.S. Said powers, duties, and functions are transferred by a type 2 transfer to the department of human services. (f) The state office on aging, created by part 2 of article 11 of title 26, C.R.S. Said state office and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services. Colorado Revised Statutes 2019 Page 18 of 2372 Uncertified Printout (g) The adoption intermediary commission, created by part 3 of article 5 of title 19, C.R.S. Said commission and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services. (h) The Colorado commission for the deaf, hard of hearing, and deafblind, created by article 21 of title 26. The commission shall exercise its powers, duties, and functions under the department as if transferred by a type 2 transfer. (i) The office of homeless youth services, created by article 5.9 of title 26, C.R.S. Said office and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services. (j) Repealed. (k) The board of commissioners of veterans community living centers, created in section 26-12-402, C.R.S. Said board and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services. (l) Repealed. (m) The early childhood leadership commission created by article 6.2 of title 26, C.R.S. (6) The department consists of the following divisions, units, and offices: (a) and (b) Repealed. (c) The juvenile parole board, created pursuant to section 19-2-206, C.R.S. The juvenile parole board and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services as a division thereof. (d) The office of behavioral health in the department of human services created pursuant to article 80 of title 27. The office of behavioral health and its powers, duties, and functions, including the powers, duties, and functions relating to the alcohol and drug driving safety program specified in section 42-4-1301.3, are transferred by a type 2 transfer to the department of human services. (e) The division of youth services, created pursuant to section 19-2-203. The division of youth services and the office of the director of the division of youth services and their powers, duties, and functions are transferred by a type 2 transfer to the department of human services as a division thereof. (7) The department of human services shall supervise and control the following institutions which are transferred by a type 2 transfer to the department of human services: (a) Colorado mental health institute at Pueblo; (b) Wheat Ridge regional center; (c) Grand Junction regional center; (d) Pueblo regional center; (e) Lookout Mountain school at Golden; (f) Mount View school at Morrison; (g) Colorado mental health institute at Fort Logan, in Denver; (h) Adams youth services center at Brighton; (i) Gilliam youth services center at Denver; (j) Grand Mesa youth services center at Grand Junction; (k) Pueblo youth services center; (l) Zebulon Pike youth services center at Colorado Springs; (m) Lookout Mountain youth services center at Golden; (n) Mount View youth services center at Denver; Colorado Revised Statutes 2019 Page 19 of 2372 Uncertified Printout (o) Lathrop Park youth camp at Walsenburg. (8) The state council on developmental disabilities, created by part 2 of article 10.5 of title 27, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services. (9) The powers, duties, and functions of the Colorado brain injury trust fund board, created in section 26-1-302, are transferred by a type 2 transfer to the department of human services. (10) The powers, duties, and functions of the Colorado children's trust fund board, created in section 19-3.5-104, C.R.S., are transferred by a type 2 transfer to the department of human services. (11) The powers, duties, and functions of the Tony Grampsas youth services board created in section 26-6.8-103, C.R.S., are transferred by a type 2 transfer to the department of human services. (12) The office of the ombudsman for behavioral health access to care created in section 27-80-303 shall exercise its powers and perform its duties and functions as if the office were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of human services. Source: L. 68: p. 83, § 20. L. 69: p. 1188, § 4. C.R.S. 1963: § 3-28-20. L. 71: p. 104, § 10. L. 73: pp. 1223, 1508, §§ 13, 14, 2. L. 78: (3) added, p. 265, § 61, effective May 23. L. 85: (4)(d) added, § 4, effective May 29. L. 86: (1) amended, p. 885, § 7, effective May 23. L. 89: (4)(b) amended, p. 1235, § 12, effective April 6; (5) added, p. 1549, § 2, effective July 1. L. 91: (4)(e) added, p. 890, § 15, effective June 5. L. 92: (5) repealed, p. 2136, § 2, effective July 1. L. 93: Entire section R&RE, p. 1092, § 7, effective July 1, 1994. L. 94: (4)(c) added, p. 2606, § 6, effective July 1; (6)(d) amended, p. 2555, § 49, effective January 1, 1995. L. 96: (6)(b) and (6)(c) amended and (6)(e) added, p. 1694, § 32, effective January 1, 1997. L. 2000: (5)(h) added, p. 1628, § 3, effective June 1. L. 2001: (4)(c) amended, p. 251, § 5, effective March 29; (4)(c) repealed and (5)(e) amended, pp. 1287, 1272, §§ 83, 28, effective June 5. L. 2002: (6)(d) amended, p. 666, § 13, effective May 28; (5)(c), (6)(d), and (8) amended, p. 1022, § 39, effective June 1; (6)(a) repealed, p. 357, § 11, effective July 1; (6)(d) amended, p. 1919, § 10, effective July 1; (9) added, p. 1609, § 2, effective January 1, 2003. L. 2004: (5)(i) added, p. 861, § 2, effective May 21; (9) amended, p. 1200, § 60, effective August 4. L. 2005: (5)(j) added, p. 599, § 1, effective July 1. L. 2007: (5)(k) added, p. 441, § 2, effective July 1; (5)(l) added, p. 1221, § 2, effective August 3. L. 2008: (6)(b) repealed, p. 1105, § 9, effective July 1. L. 2009: (9) amended, (SB 09-005), ch. 135, p. 591, § 10, effective April 20; (5)(b) amended, (SB 09-056), ch. 177, p. 785, § 5, effective April 22. L. 2010: IP(6) and (6)(d) amended, (SB 10-175), ch. 188, p. 794, § 50, effective April 29. L. 2011: (5)(b) amended, (HB 11-1303), ch. 264, p. 1163, § 53, effective August 10. L. 2012: (5)(b) amended, (HB 12-1063), ch. 149, p. 537, § 5, effective May 3. L. 2013: (5)(m), (10), and (11) added, (HB 13-1117), ch. 169, p. 588, § 20, effective July 1; (5)(k) amended, (HB 13-1300), ch. 316, p. 1680, § 47, effective August 7. L. 2014: (5)(b), (5)(c), and (5)(k) amended, (SB 14-096), ch. 59, p. 262, § 2, effective August 6. L. 2015: (4)(b)(II) added by revision, (SB 15-239), ch. 160, pp. 487, 490, §§ 4, 14. L. 2017: IP(6) and (6)(d) amended, (SB 17-242), ch. 263, p. 1256, § 16, effective May 25; IP(6) and (6)(e) amended, (HB 17-1329), ch. 381, p. 1980, § 50, effective June 6. L. 2018: (5)(h) amended, (HB 18-1108), ch. 303, p. 1836, § 9, effective August 8; (12) added, (HB 18-1357), ch. 252, p. 1551, Colorado Revised Statutes 2019 Page 20 of 2372 Uncertified Printout § 2, effective August 8. L. 2019: (9) amended, (HB 19-1147), ch. 178, p. 2033, § 12, effective August 2. Editor's note: (1) Amendments to subsection (6)(d) by Senate Bill 02-057, House Bill 02-1229, and Senate Bill 02-159 were harmonized. (2) Subsection (5)(j)(II) provided for the repeal of subsection (5)(j), effective July 1, 2007. (See L. 2005, p. 599.) (3) Subsection (5)(l)(II) provided for the repeal of subsection (5)(l), effective July 1, 2012. (See L. 2007, p. 1221.) (4) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2016. (See L. 2015, p. 487.) (5) Amendments to subsection IP(6) by SB 17-242 and HB 17-1329 were harmonized. Cross references: (1) For the designation of the state department of human services as the state information agency for enforcement of support, see §§ 14-5-310 and 26-13-109; for the Colorado board of veterans affairs, see article 5 of title 28; for the Colorado commission on the aging, see article 11 of title 26; for the Trinidad state nursing home, see part 2 of article 12 of title 26; for the Colorado state veterans center, see part 2 of article 12 of title 26. (2) For the legislative declaration contained in the 2002 act repealing subsection (6)(a), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsections (5)(m), (10), and (11), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015. (3) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 24-1-121. Department of labor and employment - creation. (1) There is hereby created the department of labor and employment, the head of which shall be the executive director of the department of labor and employment, which office is hereby created. The governor shall appoint said executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have the powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title. (1.5) The department of labor and employment shall include, as part of the office of the executive director, the industrial claim appeals office, created by section 8-1-102, C.R.S. Said industrial claim appeals office shall exercise its powers and perform its duties and functions under the department as if transferred thereto by a type 2 transfer. (2) The industrial commission of Colorado, created by article 1 of title 8, C.R.S., and its powers, duties, and functions, except those powers, duties, and functions transferred to the state board of pharmacy and the industrial claim appeals office, are transferred by a type 3 transfer to the department of labor and employment, and the industrial commission of Colorado is abolished. (3) The department of labor and employment consists of the following divisions and programs: Colorado Revised Statutes 2019 Page 21 of 2372 Uncertified Printout (a) (I) The division of labor standards and statistics, the head of which is the director of the division of labor standards and statistics, which division and office are hereby created. The division and the director shall exercise their powers and perform their duties and functions specified by law under the department of labor and employment as if they were transferred to the department by a type 2 transfer. (II) (Deleted by amendment, L. 91, p. 1338, § 55, effective July 1, 1991.) (b) The division of employment and training, the head of which is the director of the division of employment and training. The division, created by article 83 of title 8, C.R.S., and the director of the division shall exercise their powers, duties, and functions under the department of labor and employment as if transferred by a type 2 transfer. (c) Repealed. (d) (I) The division of workers' compensation, the head of which shall be the director of the division of workers' compensation. Said division, created by section 8-47-101, C.R.S., and the director thereof, shall exercise their powers, duties, and functions under the department of labor and employment as if transferred thereto by a type 2 transfer. (II) Repealed. (e) The division of oil and public safety, the head of which shall be the director of the division of oil and public safety, which division and office are created pursuant to section 8-20101, C.R.S. The division and the director shall exercise their powers and perform their duties and functions specified by law under the department of labor and employment as if the same were transferred to the department by a type 2 transfer. (f) The state work force development council, created by article 46.3 of this title, which shall exercise its powers and perform its duties and functions under the department of labor and employment as if the same were transferred to the department by a type 2 transfer. (g) The division of unemployment insurance, the head of which is the director of the division of unemployment insurance. The division, created in article 71 of title 8, C.R.S., and the director of the division shall exercise their powers, duties, and functions under the department of labor and employment as if transferred by a type 2 transfer. (h) The powers, duties, and functions relating to vocational rehabilitation programs, including the business enterprise program, which are transferred by a type 2 transfer to the department of labor and employment. (i) The powers, duties, and functions relating to the oversight of independent living services pursuant to article 85 of title 8, C.R.S., are transferred by a type 2 transfer. (j) The underground damage prevention safety commission created by section 9-1.5104.2. The commission and its powers, duties, and functions are transferred by a type 2 transfer to the department of labor and employment. (4) The division of oil and public safety shall include the following: (a) Repealed. (b) The division of boiler inspection, created by article 4 of title 9, C.R.S. Said division and its powers, duties, and functions are transferred by a type 2 transfer to the department of labor and employment and allocated to the division of oil and public safety as a section thereof. (c) (Deleted by amendment, L. 2001, p. 1113, § 2, effective June 5, 2001.) (d) and (e) Repealed. (5) The petroleum storage tank committee shall exercise its powers and perform the duties and functions specified by article 20.5 of title 8, C.R.S., under the department of labor and Colorado Revised Statutes 2019 Page 22 of 2372 Uncertified Printout employment and the executive director thereof as if the same were transferred to the department by a type 1 transfer. Source: L. 68: p. 84, § 21. L. 69: p. 567, § 1. C.R.S. 1963: § 3-28-21. L. 71: p. 104, § 11. L. 73: p. 935, § 25. L. 75: (4)(d) repealed, p. 443, § 6, effective April 15; (4)(e) added, p. 214, § 41, effective July 16. L. 76: (3)(b) amended, p. 352, § 21, effective October 1. L. 77: (3)(b) amended, p. 281, § 30, effective July 1. L. 80: (4)(e) repealed, p. 451, § 6, effective April 13. L. 83: (3)(a) and (3)(b) amended, p. 404, § 3, effective May 25. L. 86: (3)(c) repealed, p. 540, § 54, effective May 3; (1) amended, p. 885, § 8, effective May 23; (1.5) added and (2) R&RE, p. 463, §1, effective July 1. L. 87: (4)(a) repealed, p. 378, § 4, effective May 20. L. 89: (3)(a) amended, p. 379, § 3, effective July 1. L. 90: (3)(a)(II)(A) amended, p. 567, § 44, effective July 1. L. 91: (3) amended, p. 1338, § 55, effective July 1. L. 94: (1) amended, p. 564, § 7, effective April 6. L. 95: (5) added, p. 419, § 7, effective July 1. L. 2001: (3)(e) added and IP(4), (4)(b), and (4)(c) amended, p. 1113, §§ 1, 2, effective June 5. L. 2008: (3)(f) added, p. 1290, § 3, effective July 1. L. 2012: IP(3) and (3)(b) amended and (3)(g) added, (HB 12-1120), ch. 27, p. 77, § 1, effective June 1. L. 2015: IP(3) amended and (3)(h) added, (SB 15-239), ch. 160, p. 487, § 5, effective July 1, 2016. L. 2016: (3)(i) added, (SB 16-093), ch. 54, p. 132, § 2, effective March 23; (3)(a)(I) amended, (HB 16-1323), ch. 131, p. 380, § 16, effective August 10. L. 2018: (3)(j) added, (SB 18-167), ch. 256, p. 1577, § 10, effective August 8. Editor's note: (1) Subsection (3)(d)(II)(B) provided for the repeal of subsection (3)(d)(II), effective July 1, 1992. (See L. 91, p. 1338.) (2) Subsection (3)(c) was repealed, effective July 1, 1987, prior to subsection (3) being amended in 1991. (3) The effective date for amendments to this section by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.) Cross references: For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015. 24-1-122. Department of regulatory agencies - creation. (1) There is hereby created a department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. (1.1) Repealed. (2) The department of regulatory agencies shall consist of the following divisions: (a) The public utilities commission, created by article 2 of title 40, C.R.S. Its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as a division thereof. The director of the commission shall serve as the division director. (a.5) The office of consumer counsel and the utility consumers' board, created by article 6.5 of title 40, C.R.S. The office of consumer counsel and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as a division thereof. Colorado Revised Statutes 2019 Page 23 of 2372 Uncertified Printout The utility consumers' board shall exercise its powers and perform its duties and functions under the department as if the same were transferred to the department by a type 1 transfer and allocated to the office of consumer counsel. (b) (I) Division of insurance, the head of which shall be the commissioner of insurance. The division of insurance of the state of Colorado, created by section 10-1-103, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as the division of insurance. (II) The workers' compensation classification appeals board, created by section 8-55-101 (1), C.R.S., shall exercise its powers and perform duties and functions under the division of insurance as if such workers' compensation classification appeals board were transferred to the division of insurance by a type 1 transfer. (c) Division of financial services, the head of which shall be the state commissioner of financial services. The financial services board, created by section 11-44-101.6, C.R.S., and its powers, duties, and functions are transferred as if by a type 1 transfer to the department of regulatory agencies and allocated to the division of financial services. The office of state commissioner of financial services and the financial services division of the state of Colorado, created by article 44 of title 11, C.R.S., are transferred by a type 2 transfer to the department of regulatory agencies and allocated to the division of financial services. (d) Division of banking, the head of which shall be the state bank commissioner. The banking board, created by article 102 of title 11, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of banking. (e) Division of securities, the head of which shall be the commissioner of securities. The securities board, created in section 11-51-702.5, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of securities. The division of securities, and the office of commissioner of securities, created by article 51 of title 11, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as the division of securities. (f) Repealed. (g) Division of professions and occupations, the head of which shall be the director of professions and occupations, which office is hereby created. The division of professions and occupations is transferred by a type 2 transfer to the department of regulatory agencies as the division of professions and occupations. (h) Colorado civil rights division, the head of which shall be the director of the Colorado civil rights division. The Colorado civil rights commission, the Colorado civil rights division, and the office of director of the Colorado civil rights division, created by part 3 of article 34 of this title, and their powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as the Colorado civil rights division. (i) and (j) Repealed. (k) (I) Division of real estate, the head of which shall be the director of the division. The division of real estate and the director of the division, created by part 2 of article 10 of title 12, shall exercise their powers and perform their duties and functions under the department of regulatory agencies as if they were transferred to the department by a type 2 transfer. The real estate commission, created by part 2 of article 10 of title 12, and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies. Colorado Revised Statutes 2019 Page 24 of 2372 Uncertified Printout (II) The division shall include the board of real estate appraisers, created by part 6 of article 10 of title 12, which shall exercise its powers and perform its duties and functions under the department of regulatory agencies as if the same were transferred thereto by a type 1 transfer. The division shall also include the board of mortgage loan originators, created by section 12-10-703. The board of mortgage loan originators shall exercise its powers and perform its duties and functions under the department of regulatory agencies as if transferred thereto by a type 1 transfer. (l) Division of conservation, the head of which is the director of the division. The division of conservation and the director of the division, created by article 15 of title 12, shall exercise their powers and perform their duties and functions under the department of regulatory agencies as if they were transferred to the department by a type 2 transfer. The conservation easement oversight commission, created by section 12-15-103, and its powers, duties, and functions are transferred by a type 2 transfer to the department of regulatory agencies and allocated to the division of conservation. (3) The following boards and agencies are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of professions and occupations: (a) Repealed. (b) State board of accountancy, created by article 100 of title 12; (c) (Deleted by amendment, L. 2006, p. 742, § 10, effective July 1, 2006.) (d) to (g) Repealed. (h) Colorado state board of chiropractic examiners, created by article 215 of title 12; (i) and (j) Repealed. (k) Colorado dental board, created in article 220 of title 12; (l) Repealed. (m) (I) Colorado medical board, created by article 240 of title 12; (II) Colorado podiatry board, created by article 290 of title 12; (n) and (o) Repealed. (p) State board of optometry, created by article 275 of title 12; (q) Passenger tramway safety board, created by article 150 of title 12; (r) State board of pharmacy, created by part 1 of article 280 of title 12; (s) and (t) Repealed. (u) State board of licensure for architects, professional engineers, and professional land surveyors, created by section 12-120-103; (v) Colorado state board of psychologist examiners, created by part 3 of article 245 of title 12; (w) and (x) Repealed. (y) State board of veterinary medicine, created by article 315 of title 12; (z) Board of examiners of nursing home administrators, created by article 265 of title 12; (aa) State plumbing board, created by article 155 of title 12; (bb) to (ee) Repealed. (ff) State electrical board, created by article 115 of title 12; (gg) State board of nursing, created by article 255 of title 12; (hh) Repealed. (ii) State board of social work examiners, created by part 4 of article 245 of title 12; Colorado Revised Statutes 2019 Page 25 of 2372 Uncertified Printout (jj) State board of marriage and family therapist examiners, created by part 5 of article 245 of title 12; (kk) State board of licensed professional counselor examiners, created by part 6 of article 245 of title 12; (ll) State board of registered psychotherapists, created by part 7 of article 245 of title 12; (mm) State board of addiction counselor examiners, created by part 8 of article 245 of title 12. (4) The following boards and agencies are transferred by a type 2 transfer to the department of regulatory agencies and allocated to the division of professions and occupations: (a) to (e) Repealed. (5) Repealed. Source: L. 68: p. 85, § 22. L. 69: p. 838, § 3. C.R.S. 1963: § 3-28-22. L. 70: p. 424, § 13. L. 71: p. 105, § 12. L. 72: p. 143, § 2. L. 73: pp. 935, 1038, 1065, §§ 26, 2, 2. L. 74: (3)(ff) added, p. 276, § 1, effective July 1. L. 75: IP(3) amended and (3)(dd) added, p. 443, §§ 4, 5, effective April 15; IP(3) amended, (3)(dd) repealed, and (4) added, pp. 542, 543, §§ 2, 3, effective July 1; (3)(ee) added, p. 553, § 2, effective July 1; (4) added, p. 487, § 2, effective July 1. L. 76: (3)(g) repealed, p. 400, § 11, effective April 3; (3)(ee) repealed and (4)(d) added, p. 305, §§ 40, 41, effective May 20; (3)(f) repealed, p. 416, § 13, effective July 1; (3)(l) repealed, p. 429, § 1, effective July 1, 1977. L. 77: (2)(j) added, p. 718, § 3, effective July 1; (3)(d) repealed, p. 626, § 1, effective July 1; (3)(e) R&RE and (3)(j) repealed, p. 623, §§ 2, 4, effective July 1; (3)(i) repealed, p. 633, § 8, effective July 1. L. 78: (2)(b) amended, p. 284, § 2, effective July 1; (2)(i) amended and (3)(x) repealed, pp. 265, 266, §§ 62, 63, effective May 23; (3)(bb) amended, p. 315, § 3, effective July 1; (3)(cc) repealed, p. 266, § 64, effective July 1; (3)(ff) added and (4)(a) repealed, pp. 325, 326, §§ 15, 17, effective July 1. L. 79: (2)(h) amended, p. 922, § 1, effective July 1; (2)(k) added, p. 567, § 1, effective July 1; (2)(k) added and (3)(w) repealed, §§ 7, 9, pp. 571, 572, effective July 1; (2)(j) repealed, p. 553, § 1, effective March 1, 1980. L. 80: (5) added, p. 592, § 2, effective May 1; (3)(m) amended, p. 795, § 51, effective June 5; (3)(o) and (3)(t) repealed, p. 495, § 5, effective July 1; (3)(gg) added, p. 495, § 3, effective July 1. L. 81: (1.1) added, p. 1192, § 2, effective July 1; (3)(hh) added and (4)(c) repealed, p. 825, §§ 25, 27, effective July 1. L. 82: (2)(i) repealed, p. 624, § 23, effective April 2. L. 83: (3)(n) repealed, p. 575, § 10, effective April 22; (3)(a) repealed, p. 513, § 4, effective May 16; (4)(e) added, p. 580, § 2, effective July 1; (3)(bb) repealed, p. 2049, § 11, effective October 14. L. 85: (2)(b) amended, p. 382, § 4, effective April 17; (2)(f) amended, p. 553, § 6, effective July 1. L. 86: (4)(d) repealed, p. 447, § 6, effective April 17. L. 88: (2)(d) amended, p. 417, § 7, effective April 11; (3)(v) amended, (3)(ii), (3)(jj), (3)(kk), and (3)(ll) added, and (4)(b) repealed, pp. 567, 569, §§ 2, 9, effective July 1; (4)(e) repealed, p. 582, § 3, effective July 1. L. 89: (2)(a) amended, p. 1524, § 1, effective April 12; (2)(c) and (3)(hh) amended, pp. 621, 728, §§ 16, 32, effective July 1. L. 90: (2)(k) amended, p. 846, § 3, effective July 1. L. 93: (2)(c) amended , p. 1455, § 19, effective June 6; (2)(f) repealed, p. 1784, § 54, effective June 6; (2)(a.5) added, p. 974, § 2, effective July 1; (2)(f) repealed, p. 1033, § 16, effective July 1; (2)(f) repealed, p. 1237, § 7, effective July 1. L. 94: (3)(hh) repealed, p. 705, § 8, effective April 19; (2)(e) amended, p. 1848, § 16, effective July 1. L. 96: (2)(b) amended, p. 1144, § 3, effective October 1. L. 97: (1.1) repealed, p. 523, § 2, effective July 1. L. 2000: (3)(e) repealed, p. 2025, § 31, effective July 1. L. 2003: (2)(a) amended, p. 1704, § 16, effective May 14; (2)(d) amended, p. 1210, § 20, effective Colorado Revised Statutes 2019 Page 26 of 2372 Uncertified Printout July 1. L. 2004: (3)(u) amended, p. 1310, § 54, effective May 28. L. 2006: (3)(c) and (3)(u) amended, p. 742, § 10, effective July 1. L. 2010: (3)(m)(I) amended, (HB 10-1260), ch. 403, p. 1988, § 81, effective July 1; (2)(k) amended, (HB 10-1141), ch. 280, p. 1299, § 29, effective August 11. L. 2011: (3)(p) amended, (SB 11-094), ch. 129, p. 452, § 32, effective April 22; (3)(ll) amended and (3)(mm) added, (SB 11-187), ch. 285, p. 1328, § 72, effective July 1. L. 2012: (3)(r) amended, (HB 12-1311), ch. 281, p. 1627, § 68, effective July 1. L. 2014: (3)(k) amended, (HB 14-1227), ch. 363, p. 1738, § 46, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 765, § 45, effective June 6. L. 2018: (2)(l) added, (HB 18-1291), ch. 273, p. 1693, § 8, effective May 29. L. 2019: (2)(k), (2)(l), (3)(b), (3)(h), (3)(k), (3)(m), (3)(p), (3)(q), (3)(r), (3)(u), (3)(v), (3)(y), (3)(z), (3)(aa), (3)(ff), (3)(gg), and (3)(ii) to (3)(mm) amended, (HB 19-1172), ch. 136, p. 1685, § 124, effective October 1. Editor's note: (1) Section 4 of chapter 131, Session Laws of Colorado 1975, provides that the act enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 16, 1975. (2) Section 5 of chapter 142, Session Laws of Colorado 1975, provides that the act amending the introductory portion to subsection (3), repealing subsection (3)(dd), and enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 25, 1975. (3) Amendments to subsection (2)(k) by Senate Bill 79-242 and House Bill 79-1231 were harmonized. (4) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1981. (See L. 80, p. 592.) Cross references: For the creation of the office of commissioner of insurance, see § 101-104. 24-1-123. Department of agriculture - creation. (1) There is hereby created a department of agriculture, the head of which shall be the commissioner of agriculture. (2) The state agricultural commission, created by article 1 of title 35, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of agriculture. (3) The state department of agriculture and the office of commissioner of agriculture, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture. (4) The department of agriculture shall consist of the following divisions: (a) Division of markets, the head of which shall be the director of the division of markets. The division of markets and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of markets. (b) Division of plant industry, the head of which shall be the director of the division of plant industry. The division of plant industry and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of plant industry. Colorado Revised Statutes 2019 Page 27 of 2372 Uncertified Printout (c) (I) Division of animal industry, the head of which shall be the director of the division of animal industry. The division of animal industry and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of animal industry. (II) The state bureau of animal protection, created by article 42 of title 35, C.R.S., and its powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture and allocated to the division of animal industry as a section thereof. (d) Division of administrative services, the head of which shall be the director of administrative services division. The division of administrative services and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of administrative services. (e) Division of inspection and consumer services, the head of which shall be the director of inspection and consumer services division. The division of inspection and consumer services and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of inspection and consumer services. (f) Repealed. (g) (I) Division of brand inspection, the head of which shall be the brand commissioner. The state board of stock inspection commissioners and the office of brand commissioner, created by article 41 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of agriculture as a part of the division of brand inspection. (II) and (III) Repealed. (h) (I) The Colorado state fair authority, the head of which shall be the manager of the Colorado state fair and industrial exposition. The Colorado state fair authority and the office of manager of the Colorado state fair and industrial exposition, created by part 4 of article 65 of title 35, C.R.S., shall exercise their powers, duties, and functions as a division of the department of agriculture as if the same were transferred by a type 1 transfer to the department of agriculture. (II) The Colorado state fair authority shall include the board of commissioners of the Colorado state fair authority, created by part 4 of article 65 of title 35, C.R.S., which shall exercise its powers and perform its duties and functions as specified by law under the department of agriculture as a part of the Colorado state fair authority as if the same were transferred by a type 1 transfer. (i) The state conservation board, created in article 70 of title 35, C.R.S. All its powers, duties, and functions are transferred by a type 1 transfer to the department of agriculture as a division thereof. The employees of the state conservation board appointed pursuant to section 35-70-103 (5)(g), C.R.S., are transferred to the department of agriculture by a type 2 transfer. (5) The Colorado wine industry development board, created by article 29.5 of title 35, C.R.S., and its powers, duties, and functions are transferred as if by a type 1 transfer to the department of agriculture. (6) The aquaculture board, created by article 24.5 of title 35, C.R.S., shall exercise its powers and perform its duties and functions as specified by law under the department of agriculture and the executive director thereof as if the same were transferred to the department by a type 2 transfer. Colorado Revised Statutes 2019 Page 28 of 2372 Uncertified Printout (7) The Colorado agricultural value-added development board, created in section 35-75203, C.R.S., shall exercise its powers and perform its duties and functions as specified by law under the department as if the same were transferred to the department by a type 1 transfer. Source: L. 68: p. 87, § 23. L. 69: pp. 121, 122, §§ 1, 5. C.R.S. 1963: § 3-28-23. L. 71: p. 162, § 7. L. 75: (4)(g)(III) amended, p. 1362, § 2, effective November 1. L. 83: (4)(f) repealed, p. 1374, § 19, effective June 2. L. 90: (5) added, p. 1604, § 6, effective July 1. L. 91: (6) added, p. 200, § 6, effective June 7. L. 93: (4)(g)(II) and (4)(g)(III) repealed, pp. 1855, 1846, §§ 3, 2, effective July 1. L. 97: (4)(h) added, p. 819, § 14, effective June 30. L. 2000: (4)(i) added, p. 558, § 7, effective July 1. L. 2001: (7) added, p. 623, § 1, effective May 30. L. 2002: (4)(i) amended, p. 513, § 2, effective July 1. 24-1-124. Department of natural resources - creation - divisions. (1) There is hereby created a department of natural resources, the head of which shall be the executive director of the department of natural resources, who shall be the commissioner of mines. The executive director shall be appointed by the governor pursuant to law. (2) The office of natural resources coordinator, created by article 33 of this title, and its powers, duties, and functions are transferred by a type 2 transfer to the department of natural resources. (2.1) The department of natural resources shall include, as a part of the office of the executive director: (a) The office of commissioner of mines, created by section 1 of article XVI of the state constitution. Its powers, duties, and functions are transferred by a type 2 transfer to the office of the executive director of the department of natural resources. (b) Repealed. (c) The Colorado avalanche information center, created pursuant to section 24-33-116. The powers, duties, and functions are transferred by a type 2 transfer to the department of natural resources and allocated to the office of the executive director. (3) The department of natural resources consists of the following divisions: (a) Division of water resources, the head of which shall be the state engineer; (b) The Colorado water conservation board and the office of director thereof, created by article 60 of title 37, C.R.S. Their powers, duties, and functions are transferred by a type 1 transfer to the department of natural resources as a division thereof. (c) (Deleted by amendment, L. 2000, p. 556, § 3, effective July 1, 2000.) (d) The state board of land commissioners, created by section 9 of article IX of the state constitution. Its powers, duties, and functions are transferred by a type 1 transfer to the department of natural resources as a division thereof, subject to the state constitution. (e) The division of reclamation, mining, and safety, created by section 34-20-103, C.R.S., the head of which shall be the director of the division of reclamation, mining, and safety, under the supervision of the executive director of the department of natural resources. Said division and director shall exercise their powers, duties, and functions as prescribed by law under the department of natural resources and the executive director thereof as if the same were transferred to the department by a type 2 transfer. The division of reclamation, mining, and safety shall include the following: Colorado Revised Statutes 2019 Page 29 of 2372 Uncertified Printout (I) The coal mine board of examiners, created by article 22 of title 34, C.R.S. Its powers, duties, and functions are transferred by a type 2 transfer to the department of natural resources as a section of the division of reclamation, mining, and safety. (II) The mined land reclamation board and the office of mined land reclamation, created by article 32 of title 34, C.R.S. The mined land reclamation board and its powers, duties, and functions are transferred by a type 1 transfer to the department of natural resources and allocated to the division of reclamation, mining, and safety. The office of mined land reclamation shall exercise its powers, duties, and functions as if the same were transferred to the department of natural resources and allocated to the division of reclamation, mining, and safety as a section thereof by a type 2 transfer. (III) The office of active and inactive mines, created by article 21 of title 34, C.R.S. Said office shall exercise its powers, duties, and functions as prescribed by law under the division of reclamation, mining, and safety as if the same were transferred to the department of natural resources and allocated to the division of reclamation, mining, and safety as a section thereof by a type 2 transfer. (IV) (Deleted by amendment, L. 2005, p. 1462, § 1, effective July 1, 2005.) (V) Repealed. (f) The oil and gas conservation commission of the state of Colorado and the office of the director thereof, created by article 60 of title 34, C.R.S. Said commission and office and the powers, duties, and functions thereof are transferred by a type 1 transfer to the department of natural resources as a division thereof. (g) Repealed. (h) (I) and (II) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1, 2011.) (III) Repealed. (i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1, 2011.) (j) The division of forestry, created in section 24-33-201 (1), the head of which shall be the state forester, appointed pursuant to section 23-31-207, C.R.S. The division of forestry and the state forester shall exercise their powers, duties, and functions as prescribed by law under the department of natural resources and the executive director thereof as if the same were transferred to the department by a type 2 transfer. (k) (I) (A) The parks and wildlife commission, created in article 9 of title 33, C.R.S. The powers, duties, and functions of the wildlife commission and the board of parks and outdoor recreation are transferred by a type 1 transfer to the parks and wildlife commission as powers, duties, and functions of the parks and wildlife commission. (B) The parks and wildlife commission includes, as an advisory council, the Colorado natural areas council created by article 33 of title 33, C.R.S. (II) (A) The division of parks and wildlife, the head of which is the director of the division of parks and wildlife. The division of parks and wildlife and the office of the director of the division of parks and wildlife are transferred by a type 1 transfer to the department of natural resources. (B) The division of parks and wildlife includes the fish health board created by article 5.5 of title 33, C.R.S. The fish health board shall exercise its powers and perform its duties and functions as specified by law under the department of natural resources and the executive Colorado Revised Statutes 2019 Page 30 of 2372 Uncertified Printout director of the department of natural resources as if the same were transferred to the department by a type 2 transfer. (4) The division of water resources shall include the following: (a) The office of state engineer, created by article 80 of title 37, C.R.S. Said office and its powers, duties, and functions are transferred by a type 1 transfer to the department of natural resources and allocated to the division of water resources as a section thereof. (b) The division engineers, created by part 2 of article 92 of title 37, C.R.S. Said engineers and their powers, duties, and functions are transferred by a type 1 transfer to the department of natural resources and allocated to the division of water resources as a section thereof. (c) The ground water commission, created by article 90 of title 37, C.R.S. Said commission and its powers, duties, and functions are transferred by a type 1 transfer to the department of natural resources and allocated to the division of water resources as a section thereof. (d) The state board of examiners of water well construction and pump installation contractors, created by article 91 of title 37, C.R.S. Said board and its powers, duties, and functions are transferred by a type 1 transfer to the department of natural resources and allocated to the division of water resources as a section thereof. (e) Repealed. (5) Repealed. Source: L. 68: p. 88, § 24. L. 69: pp. 867, 1223, §§ 2, 19. C.R.S. 1963: § 3-28-24. L. 72: pp. 321, 493, §§ 2, 3, 12. L. 74: (3)(f)(IV) repealed, p. 195, § 1, effective July 1. L. 77: (2.1) and (5) added, (3)(e)(I) and (3)(e)(III) amended, pp. 281, 1130, 1629, §§ 31, 32, 1, 2, effective July 1. L. 81: (3)(e)(III) amended, p. 1665, § 17, effective June 30. L. 83: (2.1) amended, p. 1307, § 2, effective May 10. L. 84: (3)(i) and (3)(f) amended, pp. 923, 934, §§ 13, 2, effective January 1. L. 87: (4)(d) amended, p. 1581, § 34, effective July 10. L. 88: (3)(i) amended and (5) repealed, p. 1179, § 3, effective March 23; (3)(e)(II) amended, p. 1180, § 4, effective May 3; (3)(e)(I) and (3)(e)(III) amended, p. 1435, § 14, effective June 11; (2.1)(a) amended, p. 1215, §7, effective July 1. L. 91: (4)(e) repealed, p. 884, § 4, effective June 5; (3)(h) amended, p. 200, § 7, effective June 7. L. 92: (2.1), (3)(e), and (3)(g) amended, p. 1917, § 2, effective July 1. L. 94: (3)(h)(III) added, p. 1710, § 7, effective July 1. L. 99: (3)(h)(III) amended, p. 533, § 3, effective May 3; (3)(h)(I) amended, p. 607, § 2, effective January 1, 2000. L. 2000: (3)(c) amended and (3)(j) added, p. 556, § 3, effective July 1. L. 2003: (2.1)(b) RC&RE and (3)(e)(V) repealed, p. 1961, §§ 2, 4, effective May 22. L. 2005: (3)(e)(IV) and (3)(g) amended, p. 1462, § 1, effective July 1. L. 2006: (3)(e) amended, p. 212, § 1, effective August 7. L. 2007: (3)(j) amended, p. 549, § 4, effective August 3. L. 2010: (3)(j) amended, (HB 10-1223), ch. 41, p. 164, § 2, effective August 11. L. 2011: IP(3), (3)(h)(I), (3)(h)(II), and (3)(i) amended and (3)(k) added, (SB 11208), ch. 293, p. 1382, § 3, effective July 1. L. 2012: (3)(g) amended, (HB 12-1355), ch. 247, p. 1196, § 3, effective June 4; (3)(k)(I) amended, (HB 12-1317), ch. 248, p. 1203, § 6, effective June 4. L. 2013: (2.1)(c) added, (HB 13-1057), ch. 1, p. 2, § 5, effective January 31; (2.1)(b) repealed, (HB 13-1300), ch. 316, p. 1681, § 48, effective August 7. Editor's note: (1) Subsection (3)(h)(III)(B) provided for the repeal of subsection (3)(h)(III), effective July 1, 2009. (See L. 1999, p. 533.) Colorado Revised Statutes 2019 Page 31 of 2372 Uncertified Printout (2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective January 31, 2013, if the revisor of statutes received notification described in § 23-41-209 (2). The revisor of statutes received said notification on January 25, 2013. (See L. 2012, p. 1196.) Cross references: For the legislative declaration in the 2011 act amending the introductory portion to subsection (3) and subsections (3)(h)(I), (3)(h)(II), and (3)(i) and adding subsection (3)(k), see section 1 of chapter 293, Session Laws of Colorado 2011. 24-1-125. Department of local affairs - creation. (1) There is hereby created a department of local affairs, the head of which shall be the executive director of the department of local affairs, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have those powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title. (2) The department of local affairs shall consist of the following divisions: (a) (I) Division of local government, the head of which shall be the director of local government. The division of local government and the office of the director thereof, created by part 1 of article 32 of this title 24, and their powers, duties, and functions are transferred by a type 2 transfer to the department of local affairs as the division of local government. (II) The division of local government includes the Colorado resiliency office, the head of which is the director of the Colorado resiliency office. The Colorado resiliency office exercises its powers, duties, and functions under the division and the department as a type 2 entity, as defined in section 24-1-105. (b) Division of property taxation, the head of which shall be the property tax administrator. The rule-making, administrative, and enforcement powers, duties, and functions, except as provided in subsection (3) of this section, of the Colorado tax commission are transferred by a type 1 transfer to the department of local affairs, and said powers, duties, and functions shall be exercised or performed by the property tax administrator or the division of property taxation as is otherwise provided by law. (c) (I) Division of commerce and development, the head of which shall be the director of commerce and development. The division of commerce and development and the office of director thereof, created by part 3 of article 32 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of local affairs as the division of commerce and development. (II) Repealed. (d) and (e) Repealed. (f) The division of housing, created by the "Colorado Housing Act of 1970", part 7 of article 32 of this title. Its powers, duties, and functions are transferred by a type 1 transfer to the department of local affairs as a division thereof. (g) Division of planning, the head of which shall be the director of the division of planning. The division of planning and the office of director thereof, created by part 2 of article 32 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of local affairs as a division thereof. Colorado Revised Statutes 2019 Page 32 of 2372 Uncertified Printout (h) Repealed. (i) Office of rural development, the head of which shall be the coordinator of rural development. The office of rural development and the position of coordinator of rural development, created by part 8 of article 32 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of local affairs. (j) Repealed. (k) The office of the Colorado youth service corps, created by part 20 of article 32 of this title, shall exercise its powers and perform its duties and functions under the department of local affairs as if the same were transferred to said department by a type 2 transfer. (l) and (m) Repealed. (3) The board of assessment appeals created by article 2 of title 39, C.R.S., shall be vested with the quasi-judicial powers, duties, and functions of the Colorado tax commission, which board shall constitute a part of the department of local affairs, and said board is transferred by a type 1 transfer to the department of local affairs. (4) The advisory committee to the property tax administrator, created by article 2 of title 39, C.R.S., shall constitute a part of the department of local affairs and shall exercise its powers and perform its duties and functions under the department as if it were transferred to said department by a type 1 transfer. (5) to (9) Repealed. Source: L. 68: p. 90, § 25. C.R.S. 1963: § 3-28-25. L. 70: pp. 241, 387, §§ 2, 27. L. 71: pp. 105, 124, 1058, §§ 13, 2, 1. L. 73: p. 190, § 2. L. 76: (4) added, p. 756, § 8, effective July 1. L. 81: (2)(h) amended, p. 1128, § 2, effective July 1. L. 83: (2)(c) amended, p. 900 § 2, effective June 14; (2)(d), (2)(e), and (2)(h) repealed, p. 971, § 28, effective July 1, 1984. L. 85: (2)(c)(II)(A) amended and (2)(c)(II)(B) repealed, p. 791, §§ 2, 1, effective March 14; (2)(j) and (5) added, pp. 820, 929, §§ 2, 1, effective July 1. L. 86: (1) amended, p. 886, § 10, effective May 23. L. 87: (6) added, p. 1027, § 2, effective July 8. L. 89: (6)(b) amended, p. 339, § 2, effective June 7. L. 90: (2)(j) repealed, p. 1246, § 3, effective July 1. L. 91: (2)(k) added, p. 928, § 2, effective May 31. L. 92: (7) and (8) added, p. 1010, § 1, effective March 12; (6) RC&RE, p. 2176, § 32, effective June 2. L. 93: (6) amended, p. 469, § 1, effective April 21; (9) added, p. 1899, § 3, effective July 1; (5)(b) added by revision, pp. 1094, 1168, §§ 8, 151. L. 94: (1) amended, p. 564, § 8, effective April 6. L. 95: (9) repealed, p. 511, § 3, effective May 16. L. 2000: (2)(l) added, p. 1911, § 3, effective July 1. L. 2004: (2)(m) added and (7) amended, p. 1176, §§ 1, 2, effective August 4. L. 2008: (2)(l) repealed, p. 1290, § 4, effective July 1. L. 2012: (2)(m), (7), and (8) repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1. L. 2018: (2)(a) amended, (HB 18-1394), ch. 234, p. 1472, § 18, effective August 8. Editor's note: (1) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1994. (See L. 93, pp. 1094, 1168.) (2) (a) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 1991. (See L. 89, p. 339.) (b) Subsection (6)(b) provided for the repeal of subsection (6), effective July 6, 1997. (See L. 93, p. 469.) Colorado Revised Statutes 2019 Page 33 of 2372 Uncertified Printout Cross references: (1) For the transfer of the powers, duties, and functions of the Colorado bureau of investigation, the Colorado law enforcement training academy, and the division of criminal justice from the department of local affairs to the department of public safety, see § 24-1-128.6. (2) For the legislative declaration in the 2012 act repealing subsections (2)(m), (7), and (8), see section 1 of chapter 240, Session Laws of Colorado 2012. 24-1-126. State department of highways - creation. (Repealed) Source: L. 68: p. 91, § 26. C.R.S. 1963: § 3-28-26. L. 71: p. 105, § 14. L. 74: (3)(d) added, p. 196, § 1, effective July 1. L. 83: (3)(b) repealed, p. 971, § 28, effective July 1, 1984. L. 86: (1) amended, p. 886, § 11, effective May 23. L. 91: Entire section repealed, p. 1135, § 224, effective July 1. 24-1-127. Department of military and veterans affairs - creation. (1) There is hereby created a department of military and veterans affairs, the head of which shall be the adjutant general who shall be appointed by the governor pursuant to law. (2) The office of the adjutant general, created by part 1 of article 3 of title 28, C.R.S., and its powers, duties, and functions are transferred by a type 2 transfer to the department of military and veterans affairs. (3) The department of military and veterans affairs shall consist of the following divisions: (a) The Colorado National Guard, created by part 2 of article 3 of title 28, C.R.S. Its powers, duties, and functions are transferred by a type 2 transfer to the department of military and veterans affairs as a division thereof. (b) The Colorado department of civil air patrol, created by article 1 of title 28, C.R.S. Its powers, duties, and functions are transferred by a type 1 transfer to the department of military and veterans affairs as the Colorado division of the civil air patrol. (c) Repealed. (d) The Colorado state defense force, when organized by the governor pursuant to article 4 of title 28, C.R.S. If organized, its powers, duties, and functions are transferred by a type 2 transfer to the department of military and veterans affairs as a division thereof. (e) Repealed. (f) The division of veterans affairs, created by part 7 of article 5 of title 28, C.R.S. Its powers, duties, and functions are transferred by a type 2 transfer to the department of military and veterans affairs as a division thereof. (g) The Colorado board of veterans affairs, created by section 28-5-702, C.R.S. Its powers, duties, and functions are transferred by a type 2 transfer to the department of military and veterans affairs as a division thereof. Source: L. 68: p. 91, § 27. C.R.S. 1963: § 3-28-27. L. 73: p. 419, § 2. L. 84: (3)(c) repealed, p. 686, § 25, effective January 1, 1985. L. 86: (3)(d) amended, p. 1016, § 6, effective July 1. L. 88: (3)(e) added, p. 1090, § 3, effective January 1. L. 91: (3)(e) repealed, p. 1055, § 5, effective July 1. L. 2002: (1), (2), IP(3), (3)(a), (3)(b), and (3)(d) amended and (3)(f) and (3)(g) added, p. 358, § 12, effective July 1. Colorado Revised Statutes 2019 Page 34 of 2372 Uncertified Printout Cross references: For the legislative declaration contained in the 2002 act amending subsections (1) and (2), the introductory portion to subsection (3), and subsections (3)(a), (3)(b), and (3)(d) and enacting subsections (3)(f) and (3)(g), see section 1 of chapter 121, Session Laws of Colorado 2002. 24-1-128. Department of personnel - creation. (1) Pursuant to the provisions of section 14 of article XII of the state constitution, there is hereby created a department of personnel, the head of which shall be the state personnel director, also referred to as the executive director of personnel, who shall be appointed by the governor, with the consent of the senate, and who shall serve at the pleasure of the governor. (2) The state personnel board, created by section 14 of article XII of the state constitution, and its powers, duties, and functions are transferred by a type 1 transfer to the department of personnel, subject to the provisions of the state constitution. (3) The civil service commission and its powers, duties, and functions are transferred by a type 3 transfer to the department of personnel and allocated to the state personnel board and the state personnel director, pursuant to the provisions of the state constitution and laws enacted pursuant thereto, and the civil service commission is abolished. (4) The state employees' and officials' group insurance board of administration, created by part 2 of article 8 of title 10, C.R.S., and its powers, duties, and functions are transferred by a type 3 transfer to the department of personnel and allocated to the state personnel director, pursuant to the provisions of the state constitution and laws enacted pursuant thereto, and the state employees' and officials' group insurance board of administration is abolished. (5) Repealed. (6) The powers, duties, and functions of the department of administration are transferred by a type 3 transfer to the department of personnel, and the department of administration is hereby abolished. (7) The department of personnel shall include the following administrative support services: (a) The powers, duties, and functions concerning purchasing, specified in part 2 of article 102 of this title, shall be administered as if transferred by a type 2 transfer to the department of personnel. (b) The powers, duties, and functions concerning state archives and public records, specified in part 1 of article 80 of this title, shall be administered as if transferred by a type 2 transfer to the department of personnel. (c) Repealed. (d) The powers, duties, and functions concerning accounts and control and the office of controller, specified in part 2 of article 30 of this title, except those powers, duties, and functions transferred by paragraph (c) of this subsection (7), shall be administered as if transferred by a type 2 transfer to the department of personnel. (e) Repealed. (f) The office of administrative courts, the head of which shall be the executive director of the department of personnel. The office of administrative courts, created by part 10 of article 30 of this title, and its powers, duties, and functions are transferred by a type 2 transfer to the department of personnel as an office thereof. Colorado Revised Statutes 2019 Page 35 of 2372 Uncertified Printout (g) The powers, duties, and functions concerning central services, specified in part 11 of article 30 of this title, shall be administered as if transferred by a type 2 transfer to the department of personnel. (h) The powers, duties, and functions concerning the risk management system, specified in part 15 of article 30 of this title, shall be administered as if transferred by a type 2 transfer to the department of personnel. (i) (Deleted by amendment, L. 96, p. 1493, § 1, effective June 1, 1996.) (j) Repealed. (k) The powers, duties, and functions concerning state buildings. Such powers, duties, and functions, specified by part 13 of article 30 of this title and formerly vested in the office of state planning and budgeting, are transferred by a type 2 transfer to the department of personnel. (l) The state claims board, created by part 15 of article 30 of this title, and its powers, duties, and functions are transferred by a type 1 transfer to the department of personnel. (m) Repealed. Source: L. 71: p. 302, § 1. C.R.S. 1963: § 3-28-34. L. 74: Entire section added, p. 401, § 2, effective July 1. L. 89: (4) and (5) added, pp. 487, 1646, §§ 16, 22, effective July 1. L. 95: (6) and (7) added, p. 624, § 3, effective July 1. L. 96: (7)(a) to (7)(e) and (7)(g) to (7)(i) amended, p. 1493, § 1, effective June 1. L. 99: (7)(m) repealed, p. 872, § 2, effective July 1. L. 2000: (1) amended, p. 1861, § 72, effective August 2. L. 2004: (7)(j) repealed, p. 304, § 2, effective April 7. L. 2005: (7)(f) amended, p. 851, § 1, effective June 1. L. 2008: (7)(c) and (7)(e) repealed, p. 1129, § 11, effective May 22. L. 2009: (5) repealed, (SB 09-066), ch. 73, p. 260, § 25, effective July 1. Editor's note: The reference in subsection (4) of this section concerning the state employees' and officials' group insurance board of administration created in part 2 of article 8 of title 10 was repealed, effective May 19, 1994, but has been left in for historical purposes. Cross references: For the legislative declaration contained in the 1995 act enacting subsections (6) and (7), see section 112 of chapter 167, Session Laws of Colorado 1995. 24-1-128.1. Office of state planning and budgeting - creation. (Repealed) Source: L. 74: Entire section added, p. 202, § 4, effective July 1. L. 78: (3) added, p. 266, § 65, effective May 23. L. 83: Entire section repealed, p. 971, § 28, effective July 1, 1984. Cross references: For the establishment of the office of state planning and budgeting within the office of the governor, see article 37 of this title. 24-1-128.5. Department of corrections - creation. (1) There is hereby created a department of corrections, the head of which shall be the executive director of the department of corrections, who shall be appointed by the governor, with the consent of the senate, and who shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. Colorado Revised Statutes 2019 Page 36 of 2372 Uncertified Printout (1.5) The department of corrections shall supervise and control each correctional facility, as defined in section 17-1-102, C.R.S. The powers, duties, and functions of the department of institutions relating to honor camps, work release programs, and other adult correctional programs are transferred by a type 2 transfer to the department of corrections. The powers, duties, and functions of the division of parole in the department of institutions are transferred by a type 3 transfer to the department of corrections, and the division of parole in the department of institutions is abolished. The executive director of the department of corrections shall have the powers and duties specified in title 17, C.R.S. (2) The department of corrections shall consist of the following divisions: (a) The division of adult parole, the head of which shall be the director of the division of adult parole. The division of adult parole shall exercise its powers and perform its duties and functions under the department of corrections as if the same were transferred by a type 2 transfer. (b) The division of correctional industries, the head of which shall be the director of the division of correctional industries. The division shall supervise and control correctional industries programs in this state. The division shall exercise its powers and perform its duties and functions under the department of corrections as if the same were transferred by a type 2 transfer. (c) (Deleted by amendment, L. 2000, p. 859, § 73, effective May 24, 2000.) (3) The state board of parole, created by part 2 of article 2 of title 17, C.R.S., is transferred by a type 1 transfer to the department of corrections. (3.5) The division of correctional industries shall include, as a section thereof, the Colorado state agency for surplus property, created by part 4 of article 82 of this title. The agency and its powers, duties, and functions are transferred by a type 2 transfer to the department of corrections and allocated to the division of correctional industries as a section thereof. (4) Any powers, duties, and functions relating to adult corrections which were previously vested in the department of institutions and are not specifically transferred to the department of corrections shall be assigned thereto by the governor. Source: L. 77: Entire section added, p. 950, § 15, effective July 13. L. 79: (2)(a) amended, p. 702, § 75, effective June 21. L. 86: (3.5) added, pp. 755, 886, §§ 4, 12, effective July 1. L. 90: (2)(c) added, p. 977, § 5, effective July 1. L. 2000: (2)(a) and (2)(c) amended, p. 859, § 73, effective May 24. L. 2010: (1.5) added and (2)(a) amended, (SB 10-130), ch. 106, p. 355, § 1, effective April 15. 24-1-128.6. Department of public safety - creation - repeal. (1) There is hereby created a department of public safety, the head of which shall be the executive director of the department of public safety. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. (2) The department of public safety consists of the following divisions: (a) Colorado state patrol, the head of which shall be the chief of the Colorado state patrol. The Colorado state patrol and the office of chief thereof, created by part 2 of article 33.5 Colorado Revised Statutes 2019 Page 37 of 2372 Uncertified Printout of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety. The powers, duties, and functions of the state department of highways relating to the Colorado state patrol are transferred by a type 2 transfer to the department of public safety and allocated to the Colorado state patrol. The powers, duties, and functions of the ports of entry section of the motor carrier services division of the division of motor vehicles of the department of revenue, which motor carrier services division is abolished pursuant to section 24-1-117 (5), enacted by House Bill 12-1019, enacted in 2012, are transferred by a type 3 transfer to the department of public safety and allocated to the Colorado state patrol. (b) Repealed. (c) Colorado bureau of investigation, the head of which shall be the director of the Colorado bureau of investigation. The Colorado bureau of investigation and the office of director thereof, created by part 4 of article 33.5 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety. The powers, duties, and functions of the department of local affairs relating to the Colorado bureau of investigation are transferred by a type 2 transfer to the department of public safety and allocated to the Colorado bureau of investigation. (d) Division of criminal justice, the head of which shall be the director of the division of criminal justice. The division of criminal justice and the office of director thereof, created by part 5 of article 33.5 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety. The powers, duties, and functions of the department of local affairs relating to the division of criminal justice are transferred by a type 2 transfer to the department of public safety and allocated to the division of criminal justice. (e) Repealed. (f) (Deleted by amendment, L. 2002, p. 1204, § 1, effective June 3, 2002.) (g) Repealed. (h) (I) Division of homeland security and emergency management, the head of which is the director of the division of homeland security and emergency management. The division of homeland security and emergency management and the office of director thereof, created by part 16 of article 33.5 of this title, shall exercise their powers and perform their duties and functions as if the same were transferred by a type 2 transfer to the department of public safety and allocated to the division of homeland security and emergency management. (II) The division of homeland security and emergency management includes the following agencies, which shall exercise their powers and perform their duties and functions under the department of public safety as if the same were transferred thereto by a type 2 transfer: (A) The office of emergency management created by part 7 of article 33.5 of this title, the head of which is the director of the office of emergency management. Effective July 1, 2012, the division of emergency management in the department of local affairs, created by part 21 of article 32 of this title, prior to its repeal in 2012, and its powers, duties, and functions are transferred by a type 2 transfer to the department of public safety and allocated to the office of emergency management under the division of homeland security and emergency management pursuant to this article. (B) Office of prevention and security, created in section 24-33.5-1606; and (C) The office of preparedness, created in section 24-33.5-1606.5. Colorado Revised Statutes 2019 Page 38 of 2372 Uncertified Printout (i) Division of fire prevention and control, the head of which is the director of the division of fire prevention and control. The division of fire prevention and control and the office of the director thereof, created by part 12 of article 33.5 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety. (3) Repealed. (4) (a) The Colorado emergency planning commission, created by section 24-33.5-1503, prior to the repeal of that section by House Bill 14-1004, is abolished, and its powers, duties, and functions are transferred by a type 3 transfer as follows: (I) The duty to promulgate any rules necessary for implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, the other powers and duties described under section 24-33.5-1503.5 (2), and the duty to administer the SARA Title III fund created in section 24-33.5-1506, are transferred to the department of public safety and allocated to the director of the division of homeland security and emergency management; and (II) All other functions relating to implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, that were enjoyed by the Colorado emergency planning commission prior to its repeal by House Bill 141004, are transferred to the department of public safety and allocated to the emergency planning subcommittee of the homeland security and all-hazards senior advisory committee, which subcommittee is created under section 24-33.5-1614 (3.5). (b) (Deleted by amendment, L. 2014.) (5) The witness protection board, created by section 24-33.5-106, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer to the department of public safety. (6) The identity theft and financial fraud board, created by section 24-33.5-1703, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of public safety. (7) The cold case task force, created in section 24-33.5-109, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of public safety. (8) (a) The Colorado commission on criminal and juvenile justice, created pursuant to section 16-11.3-102, C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of public safety. (b) This subsection (8) is repealed, effective July 1, 2023. (9) The crime victim services advisory board, created pursuant to section 24-4.1-117.3, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the division of criminal justice in the department of public safety. Source: L. 83: Entire section added, p. 960, § 3, effective July 1, 1984. L. 86: (1) amended, p. 886, § 13, effective May 23. L. 87: (2)(g) added, p. 1569, § 2, effective July 1. L. 90: (3) added, p. 1220, § 3, effective May 31. L. 92: (2)(e) and (3) repealed, p. 1011, § 2, effective March 12. L. 93: (4) added, p. 1323, § 3, effective June 6. L. 95: (5) added, p. 1346, § 2, effective June 5. L. 99: (2)(g) repealed, p. 437, § 7, effective April 30. L. 2002: (2)(f) Colorado Revised Statutes 2019 Page 39 of 2372 Uncertified Printout amended and (2)(h) added, p. 1204, § 1, effective June 3. L. 2006: (6) added, p. 1298, § 2, effective May 30. L. 2007: (8) added, p. 1105, § 2, effective May 23; (7) added, p. 1897, § 4, effective June 1. L. 2009: (9) added, (SB 09-047), ch. 129, p. 556, § 3, effective July 1. L. 2012: IP(2), (2)(h), and (4) amended, (2)(b) repealed, and (2)(i) added, (HB 12-1283), ch. 240, p. 1068, § 7, effective July 1; (2)(a) amended, (HB 12-1019), ch. 135, p. 464, § 2, effective July 1. L. 2014: (4) amended, (HB 14-1004), ch. 11, p. 101, § 1, effective February 27; (8) RC&RE, (HB 14-1363), ch. 302, p. 1267, § 21, effective May 31. L. 2018: (8)(b) amended, (HB 18-1287), ch. 318, p. 1909, § 2, effective May 30. Editor's note: Prior to its recreation in 2014, subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2013. (See L. 2007, p. 1105.) Cross references: For the legislative declaration in the 2012 act amending the introductory portion to subsection (2) and subsections (2)(h) and (4), repealing subsection (2)(b), and adding subsection (2)(i), see section 1 of chapter 240, Session Laws of Colorado 2012. 24-1-128.7. Department of transportation - creation. (1) There is hereby created a department of transportation, the head of which shall be the executive director of the department of transportation. (2) The transportation commission, created by part 1 of article 1 of title 43, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of transportation. (3) The department of transportation consists of the following divisions: (a) Highway maintenance division, the head of which is the director of the highway maintenance division. The highway maintenance division and the office of the director thereof, created by part 1 of article 1 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of transportation. (b) Aeronautics division, the head of which shall be the director of the aeronautics division. The aeronautics division and the office of the director thereof, created by article 10 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of transportation. The powers, duties, and functions of the division of aviation of the department of military and veterans affairs are transferred by a type 1 transfer to the department of transportation and allocated to the aeronautics division. (c) Transportation development division, the head of which shall be the director of the transportation development division. The transportation development division and the office of the director thereof, created by part 1 of article 1 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of transportation. (d) Engineering, design, and construction division, the head of which shall be the chief engineer. The transportation development division and the office of the chief engineer, created by part 1 of article 1 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of transportation. (e) The transit and rail division created in part 1 of article 1 of title 43, C.R.S., the head of which shall be the director of the transit and rail division. The transit and rail division and the office of the director of the division shall exercise their powers and perform their duties and Colorado Revised Statutes 2019 Page 40 of 2372 Uncertified Printout functions under the department of transportation and the executive director of the department as if the same were transferred thereto by a type 2 transfer. (4) The state department of highways, created by section 24-1-126, prior to its repeal in 1991, and its powers, duties, and functions, are transferred by a type 3 transfer to the department of transportation, pursuant to the provisions of this article, and the state department of highways is abolished. (5) The statewide bridge enterprise created in section 43-4-805 (2), C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of transportation. (6) (a) The high-performance transportation enterprise created in section 43-4-806 (2)(a), C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of transportation. (b) The statewide tolling enterprise, created by the transportation commission pursuant to section 43-4-803 (1), C.R.S., prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and its powers, duties, and functions are transferred by a type 3 transfer, as defined in section 24-1-105, to the high-performance transportation enterprise created in section 43-4-806 (2)(a), C.R.S., and the statewide tolling enterprise is abolished. (7) Repealed. (8) (a) The southwest chief and front range passenger rail commission created in section 43-4-1001 (2)(a) shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of transportation. (b) The southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance commission created in section 43-4-1001 (4) prior to the repeal and reenactment of said section by Senate Bill 17-153, enacted in 2017, and its powers, duties, and functions are transferred by a type 3 transfer, as defined in section 24-1-105, to the southwest chief and front range passenger rail commission created in section 43-4-1001 (2)(a) and the southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance commission is abolished. Source: L. 91: Entire section added, p. 1055, § 6, effective July 1. L. 92: (4) amended, p. 2176, § 33, effective June 2. L. 2002: (3)(b) amended, p. 358, § 13, effective July 1. L. 2009: (5) and (6) added, (SB 09-108), ch. 5, p. 48, § 2, effective March 2; (3)(e) added, (SB 09-094), ch. 280, p. 1249, § 1, effective May 20. L. 2014: (7) added, (HB 14-1161), ch. 185, p. 690, § 2, effective August 6. L. 2015: IP(3) and (3)(a) amended, (HB 15-1209), ch. 64, p. 173, § 1, effective March 30. L. 2017: (8) added, (SB 17-153), ch. 225, p. 865, § 1, effective July 1. Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2017. (See L. 2014, p. 690.) Cross references: For the legislative declaration contained in the 2002 act amending subsection (3)(b), see section 1 of chapter 121, Session Laws of Colorado 2002. Colorado Revised Statutes 2019 Page 41 of 2372 Uncertified Printout 24-1-129. Effect of transfer of powers, duties, and functions. Any principal department to which powers, duties, and functions of any existing department, institution, or other agency are transferred or any division, section, or unit of any principal department to which such powers, duties, and functions are allocated shall be the successor in every way with respect to such powers, duties, and functions of the department, institution, or other agency in which such powers, duties, and functions were vested prior to July 1, 1968, except as otherwise provided by this article. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the principal department or any division, section, or unit thereof to which such powers, duties, and functions are transferred or allocated by this article shall be deemed to have the same force and effect as if performed by the department, institution, or other agency in which such functions were vested prior to July 1, 1968. When any such department, institution, or other agency is referred to or designated by any law, contract, or other document, such reference or designation shall be deemed to apply to the principal department or the division, section, or unit thereof in which the powers, duties, and functions of such department, institution, or other agency so referred to or designated are vested by the provisions of this article. Source: L. 68: p. 92, § 28. C.R.S. 1963: § 3-28-28. 24-1-130. Actions, suits, or proceedings not to abate by reorganization maintenance by or against successors. (1) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been lawfully commenced, by or against any department, institution, or other agency or by or against any officer of the state in his official capacity or in relation to the discharge of his official duties shall abate by reason of the taking effect of any reorganization under the provisions of this article. The court may allow the suit, action, or other proceeding to be maintained by or against the successor of any department, institution, or other agency, or any officer affected. (2) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this article. Source: L. 68: p. 92, § 29. C.R.S. 1963: § 3-28-29. 24-1-131. Rules, regulations, and orders adopted prior to article - continuation. All rules, regulations, and orders of departments, institutions, boards, commissions, or other agencies lawfully adopted prior to July 1, 1968, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. Source: L. 68: p. 92, § 30. C.R.S. 1963: § 3-28-30. 24-1-132. Transfer of officers and employees. Effective July 1, 1968, such officers and employees who were engaged prior to said date in the performance of powers, duties, and functions of any department, institution, or other agency transferred to a principal department under the provisions of this article and who, in the opinion of the head of the principal department and the governor, are necessary to perform the powers, duties, and functions of the principal department or of any division, section, or unit thereof shall become officers and Colorado Revised Statutes 2019 Page 42 of 2372 Uncertified Printout employees of such principal department and shall retain all rights to state personnel system and retirement benefits under the laws of the state, and their services shall be deemed to be continuous. All transfers and any abolishment of positions of personnel in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations. Source: L. 68: p. 93, § 32. C.R.S. 1963: § 3-28-31. 24-1-133. Transfer of property and records. In all cases where, under the provisions of this article, the powers, duties, and functions of any department, institution, or other agency are transferred to a principal department or divided between any two or more principal departments, such principal department shall succeed to all property and records which were used for or pertain to the performance of the powers, duties, and functions transferred. Any conflict as to the proper disposition of such property or records arising under this section and resulting from the transfer, allocation, abolishment, or division of any department, institution, or other agency or the powers, duties, and functions thereof shall be determined by the governor, whose decision shall be final. Source: L. 68: p. 93, § 33. C.R.S. 1963: § 3-28-32. 24-1-134. Subsequent powers and functions - assignment. Pursuant to the provisions of section 22 of article IV of the state constitution, all powers and functions of the executive department of state government created or specified by law after July 1, 1968, including the creation of any new division, section, unit, or other agency of said executive department, shall be assigned to a principal department, and such powers and functions shall be exercised under such principal department as if the same were transferred to such department by this article under a type 2 transfer, unless otherwise specified by such law. Source: L. 68: p. 93, § 35. C.R.S. 1963: § 3-28-33. 24-1-135. Effect of congressional redistricting. (1) Effective January 1, 1983, the terms of office of persons appointed pursuant to section 11-102-103; sections 12-35-104 and 1242.5-104, as these provisions existed prior to October 1, 2019; and sections 17-2-102, 23-60-104, 24-32-706, 25-1-103, 25-3.5-104, 25.5-1-602, 26-11-101, 33-11-105, 34-60-104, and 35-65-105 shall terminate. Prior thereto, the appointing authority designated by law shall appoint members to such boards, commissions, and committees for terms to commence on January 1, 1983, and to expire on the date the terms of the predecessors in office of such members would have expired, and any person whose term of office is terminated by this section may be reappointed effective January 1, 1983, and, for the purposes of such reappointment, shall not be deemed to succeed himself. Appointments thereafter shall be made as prescribed by law. (2) Any member of a board, commission, or committee who was appointed or elected to the office as a resident of a designated congressional district pursuant to section 24 (2) of article VI of the state constitution or section 11-102-103; section 12-35-104 or 12-42.5-104, as these provisions existed prior to October 1, 2019; or section 22-2-105, 23-1-102, 23-20-102, 23-21503, 23-60-104, 24-32-706, 25-1-103, 25-3.5-104, 25.5-1-602, 26-11-101, 33-11-105, 34-60Colorado Revised Statutes 2019 Page 43 of 2372 Uncertified Printout 104, 35-65-401, or 44-30-301, and who no longer resides in the congressional district solely because of a change made to the boundaries of the district subsequent to the 1990 federal decennial census is eligible to hold office for the remainder of the term to which the member was elected or appointed, notwithstanding the nonresidency. Source: L. 72: p. 545, § 2. C.R.S. 1963: § 3-28-35. L. 76: Entire section amended, p. 400, § 10, effective April 13. L. 81: Entire section amended, p. 1338, § 3, effective July 1. L. 82: Entire section R&RE, p. 349, § 1, effective April 30. L. 84: Entire section amended, p. 923, § 14, effective January 1, 1985. L. 85: Entire section amended, p. 382, § 5, effective April 17. L. 91: Entire section amended, p. 890, § 16, effective June 5. L. 92: Entire section amended, p. 1060, § 1, effective June 1. L. 2005: Entire section amended, p. 670, § 10, effective June 1. L. 2007: (2) amended, p. 2032, § 46, effective June 1. L. 2018: Entire section amended, (HB 181375), ch. 274, p. 1704, § 33, effective May 29; (2) amended, (SB 18-034), ch. 14, p. 245, § 29, effective October 1. L. 2019: Entire section amended, (SB 19-241), ch. 390, p. 3468, § 25, effective October 1. Editor's note: (1) Amendments to subsection (2) by SB 18-034 and HB 18-1375 were harmonized. (2) Section 74(2)(b) of chapter 390 (SB 19-241), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 24-1-135.1. Effect of congressional redistricting related to 2000 federal decennial census - definition. (1) (a) The appointing authority of the boards, commissions, or committees established pursuant to sections 13-91-104, 14-10-115, 21-2-101, 23-1-102, 23-21-503, 23-60104, 24-32-706, 25-1-103, 25.5-1-301, 25.5-1-602, 26-11-101, 33-11-105, and 35-65-401, which require members to be appointed as residents of designated congressional districts, shall determine whether the current appointments to such boards, commissions, or committees adequately represent Colorado's new congressional districts. Notwithstanding any provision of law to the contrary, such appointing authority shall terminate the terms of current members and appoint new members to replace such members on the boards, commissions, or committees as is necessary to ensure proper representation from the new congressional districts; except that the term of a member who continues to reside in the district that such member was designated to represent shall not be terminated. Such changes shall be made no later than January 1, 2003. If the current members adequately represent the new congressional districts, the membership of the board, commission, or committee shall remain unchanged. Any member who continues to serve on a board, commission, or committee shall not be required to be reappointed. (b) If the appointing authority of the boards, commissions, or committees set forth in paragraph (a) of this subsection (1) is the governor, with the consent of the senate, the governor alone shall determine whether the current appointments to such boards, commissions, or committees adequately represent the new congressional districts and terminate the terms of current members as is necessary to ensure proper representation from such districts, but senate consent shall still be required for the appointment of any new members. (c) As used in this section, "new congressional districts" means the congressional districts for the state of Colorado as they exist after the changes that occurred as a result of the Colorado Revised Statutes 2019 Page 44 of 2372 Uncertified Printout 2000 federal decennial census, including the addition of a seventh congressional district and the changes in boundaries of the other six congressional districts. (2) The term of any new appointee who is appointed to replace a person on a board, commission, or committee pursuant to subsection (1) of this section shall expire on the date that the term of the person that such new appointee replaced would have expired, and such member shall not be deemed to have served a full term for purposes of calculating any applicable term limits. If the total size of a board, commission, or committee was increased as a result of the new congressional districts, a new member to such board, commission, or committee shall serve for a term as prescribed by law. (3) Notwithstanding any provision of law to the contrary, the appointing authority of the boards, commissions, or committees set forth in subsection (1) shall not be required to make any changes to such boards, commissions, and committees in order to accommodate the new congressional districts, except as required by this section. (4) Any member of a board or commission who was appointed to such office as a resident of a designated congressional district pursuant to section 24 (2) of article VI and section 6 (1) of article XXVII of the state constitution, and who no longer resides in such congressional district solely because of a change made to the boundaries of such district subsequent to the 2000 federal decennial census, is eligible to hold office for the remainder of the term to which the member was appointed, notwithstanding such nonresidency. (5) Except as otherwise provided in this section, all appointments to the boards, commissions, and committees set forth in subsection (1) of this section shall be made as prescribed by law. Source: L. 2002: Entire section added, p. 942, § 1, effective August 7. L. 2003: (1)(a) amended, p. 1997, § 44, effective May 22. L. 2005: (1)(a) amended, p. 671, § 11, effective June 1; (1)(a) amended, p. 207, § 1, effective August 8. L. 2013: (1)(a) amended, (HB 13-1139), ch.120, p. 408, § 6, effective August 7. L. 2017: (1)(a) amended, (HB 17-1024), ch. 7, p. 21, § 2, effective August 9. Editor's note: Amendments to subsection (1)(a) by House Bill 05-1063 and House Bill 05-1205 were harmonized. 24-1-136. "Information Coordination Act" - policy - functions of the heads of principal departments. (1) This section shall be known and may be cited as the "Information Coordination Act". The legislative policy with reference to the coordination of information is hereby declared to be that: (a) The operational reports of the executive agencies should provide complete, concise, and useful information about executive operations to the governor and the general assembly; (b) The publications of executive agencies should be clearly related to agency functions and cost no more than is necessary to accomplish the purpose for which the material is published; (c) Executive agencies should recover the full cost of those publications not necessary to the agency's function but issued for the convenience of the users; (d) Publication activities of executive agencies should be responsive to the direction of the governor; and Colorado Revised Statutes 2019 Page 45 of 2372 Uncertified Printout (e) Operational reports and publications of executive agencies should continue to be produced as long as they are useful, but the need for them should be reviewed periodically to ensure that public resources are not misdirected toward the fulfillment of outmoded directives. (2) There is assigned to the heads of the principal departments the function of coordination and control of operational and administrative information within the executive branch. (3) The heads of the principal departments shall jointly have the following responsibilities of coordination and control: (a) Development and direction of a system for the collection, coordination, control, and distribution of state operational and administrative reports and information; (b) (I) Preparation for the governor of annual reports by the principal departments, accounting to the general assembly for the operations of all agencies in the executive branch, which shall include the results of any actions in furtherance of measurable annual objectives in the areas of operational efficiency and effectiveness set forth in the budget request of each department pursuant to section 24-37-304 (1)(a); and (II) Publication of such reports subject to the approval of the governor; (c) Preparation of operational and administrative reports and bringing to the attention of the governor special problems of agencies as disclosed through the reporting system; (d) Delivery to the custody of the executive director of the department of personnel, as chief administrative officer of the state archives and public records, of two official archival copies of original published and processed agency reports, studies, and other publications and distribution of other copies of the original reports as directed by the governor. Colleges and universities shall forward a monthly listing of publications in the form and manner prescribed by the executive director of the department of personnel. (e) Delivery to the custody of the state librarian of four copies of all state publications pursuant to section 24-90-204; (f) Effecting economies in the publication of operational and administrative information consistent with the purpose of the publication and without interference to the discharge of the agency's statutory responsibilities. (4) The governor or the general assembly may at any time require that the heads of the principal departments collect and from time to time publish certain regular or special reports, in whole or in part. (5) The provisions of this section shall not apply to reports and publications of the legislative and judicial branches of state government nor to the publications of executive agencies in connection with research they perform under contract. (6) Nothing in this section shall be construed to change or supersede the present authority and responsibility of the executive director of the department of personnel to act as official custodian and trustee of permanent public documents and to respond to all reasonable requests for reference, research, and information and to provide facsimiles thereof concerning the contents of original agency reports. (7) The authority of the heads of the principal departments over the issuance of publications as prescribed in this section shall in no way be construed as being in contravention of those administrative procedure laws which elsewhere either grant powers to executive agencies to promulgate and issue agency rules and regulations or define legal notice and publication with reference to such rules and regulations. Colorado Revised Statutes 2019 Page 46 of 2372 Uncertified Printout (8) Nothing in this section shall be construed to empower anyone to restrict or inhibit the free flow of news or the release of public information, or to establish censorship or control over news or information of actions by public employees or public bodies, or to restrict public access to public records; nor shall any part of this section be construed as restricting, amending, superseding, or contravening any existing law, order, or requirement relating to any required or permitted official or public notice or legal advertisement. (9) Whenever any report is required or allowed to be made to the general assembly, including any report required to be made to any committee of the general assembly or legislative staff, the reporting entity shall file one electronic copy of the report with the joint legislative library, and four hard copies with the state librarian for the state publications depository and distribution center. Such filing is sufficient to comply with the direction or authority to make such report. The electronic filing shall be by means of a portable document format and shall include a hyperlink to the website where the report is located, if the report is directly accessible via the internet. If the reporting entity cannot provide an electronic copy of the report to the joint legislative library, then the reporting entity shall deliver six hard copies to the joint legislative library. The joint legislative library is responsible for delivering an electronic or hard copy of the report to the legislators, legislative committees, or legislative staff, as applicable, who are to receive the report. A legislator may request from the joint legislative library delivery of a hard copy of any report. (10) An agency or department not having an appropriation for producing publications to be sold to the public shall obtain the approval of the controller prior to making any disbursements for said publications. The request for approval shall include the proposed procedures for control of the proceeds of sales. (11) (a) (I) Effective July 1, 1996, whenever any report is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis, the requirement for such report shall expire on the day after the third anniversary of the date on which the first such report is due unless the general assembly, acting by bill, continues the requirement. (II) Repealed. (b) Among the matters to be considered by the sunrise and sunset review committee, created by joint rule of the senate and house of representatives, during each interim shall be an inventory and review of all existing requirements for reports by executive agencies or the judicial branch to the general assembly that are due to expire on or before July 1 of the following year pursuant to paragraph (a) of this subsection (11); except that, if House Bill 96-1159 is enacted at the second regular session of the sixtieth general assembly and becomes law or if, for any other reason, the sunrise and sunset review committee ceases to exist, such inventory and review shall be conducted by the several committees of reference as directed by the president of the senate and the speaker of the house of representatives, or otherwise as follows: (I) The agriculture, livestock, and natural resources committee in the house of representatives and the agriculture, natural resources, and energy committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 33 to 37, C.R.S.; (II) The appropriations committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in articles 75 to 114 of this title; Colorado Revised Statutes 2019 Page 47 of 2372 Uncertified Printout (III) The business affairs and labor committee in the house of representatives and the business, labor, and technology committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 4 to 12 and 40, C.R.S.; (IV) The education committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 22 and 23, C.R.S.; (V) The finance committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 38 and 39, C.R.S.; (VI) The health and human services committees in the house of representatives and the senate, or any successor committees, shall consider reporting requirements contained in titles 25 to 27, C.R.S.; (VII) The judiciary committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 13 to 21, C.R.S.; (VIII) The local government committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 30 to 32, C.R.S.; (IX) The state, veterans, and military affairs committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 1 to 3, C.R.S., titles 28 and 29, C.R.S., and this title with the exception of articles 75 to 114 and, in addition, any reporting requirement not otherwise assigned to a committee of reference under this paragraph (b); and (X) The transportation and energy committee in the house of representatives and the transportation committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 41 to 43, C.R.S. Source: L. 83: Entire section added, p. 823, § 1, effective July 1. L. 96: (3)(d) and (6) amended, p. 1515, § 45, effective June 1; (1)(e) and (11) added, p. 1214, §§ 2, 3, effective August 7. L. 97: (3)(b) amended, p. 331, § 2, effective April 16; (11)(a)(II)(A) repealed, p. 1472, § 1, effective June 3. L. 98: (11)(a)(II)(B) repealed, p. 733, § 24, effective May 18. L. 2000: (11)(a)(II) amended, p. 1512, § 1, effective August 2; (11)(a)(II)(C) repealed, p. 1547, § 9, effective August 2. L. 2001: (11)(a)(II)(D) and (11)(a)(II)(E) repealed, p. 1169, § 1, effective August 8; (11)(a)(II)(D) and (11)(a)(II)(E) repealed, p. 1175, § 1, effective August 8. L. 2002: (11)(a)(II)(F) repealed, p. 874, § 16, effective August 7. L. 2007: (11)(b) amended, p. 2032, § 47, effective June 1. L. 2008: (9) amended, p. 1268, § 4, effective August 5. L. 2012: (9) amended, (SB 12-152), ch. 115, p. 395, § 1, effective August 8. L. 2017: (11)(a)(II) repealed, (SB 17-294), ch. 264, p. 1400, § 66, effective May 25. Editor's note: House Bill 96-1159, referenced in subsection (11)(b), was enacted and became law, effective May 23, 1996. Cross references: (1) For the provisions concerning the inspection, copying, or photographing of public records, see part 2 of article 72 of this title. Colorado Revised Statutes 2019 Page 48 of 2372 Uncertified Printout (2) For the legislative declaration contained in the 1996 act enacting subsections (1)(e) and (11), see section 1 of chapter 237, Session Laws of Colorado 1996. 24-1-136.5. Long-range planning for capital construction, controlled maintenance, capital renewal - policy - heads of principal departments. (1) The executive director of each department, after consultation with the directors of the subordinate agencies, divisions, or offices within the department, has the authority to prescribe uniform policies, procedures, and standards of space utilization in department facilities, except for office space, for the development and approval of capital construction, controlled maintenance, and capital renewal projects for the department. Nothing in this subsection (1) should be construed to alter the authority of the office of the state architect to prescribe uniform standards for office space pursuant to section 24-301303 (1)(h). (2) The executive director shall review facilities master planning and facilities program planning for all capital construction, controlled maintenance, and capital renewal projects on department real property, regardless of the source of funds and shall submit for approval all such facilities master plans and facilities program plans to the office of the state architect for approval as specified in section 24-30-1311. No capital construction, controlled maintenance, or capital renewal shall commence except in accordance with an approved facilities master plan, facilities program plan, and physical plan. (3) The executive director shall ensure conformity of facilities master planning with approved department operational master plans, facilities program plans with approved facilities master plans, and physical plans with approved facilities program plans. (4) Plans for any capital construction, controlled maintenance, or capital renewal project for the department are subject to the approval of the executive director, regardless of the source of funds. The executive director may exempt any project which requires less than five hundred thousand dollars of state moneys from the requirements for master planning and program planning. (5) The executive director shall annually request from the director of each subordinate agency, division, or office within the department a five-year projection of any capital construction, controlled maintenance, and capital renewal projects. The projection must include the estimated cost, the method of funding, a schedule for project completion, and the director's priority for each project. The executive director shall determine whether a proposed project is consistent with operational master planning and facilities master planning of the department and conforms to space utilization standards established pursuant to subsection (1) of this section and section 24-30-1303 (1)(h). (6) (a) The executive director shall annually establish a department five-year capital construction, controlled maintenance, and capital renewal plan coordinated with department operational master plans and facilities master plans and forward the five-year plan to the office of the state architect for review as required in section 24-30-1311. (b) The executive director shall transmit to the office of the state architect, consistent with the executive budget timetable, a recommended priority of funding of capital construction, controlled maintenance, and capital renewal projects for the department. (c) Except as provided in subsection (4) of this section, it is the policy of the general assembly to appropriate funds only for projects approved by the office of the state architect. Colorado Revised Statutes 2019 Page 49 of 2372 Uncertified Printout (7) Any acquisition or utilization of real property by a department that is conditional upon or requires expenditures of state funds or federal funds is subject to the approval of the executive director and the office of the state architect, regardless of whether the acquisition is by lease, lease-purchase, purchase, gift, or otherwise. (8) Prior to approving the facilities master plan and facilities program plan for any capital construction, controlled maintenance, or capital renewal project to be constructed, operated, and maintained solely from fees, gifts and bequests, grants, revolving funds, or a combination of such sources, the executive director shall request and consider recommendations from the office of the state architect. (9) This section does not apply to the department of higher education, nor should it be construed to alter the duties of the Colorado commission on higher education set forth in section 23-1-106, C.R.S. (10) As used in this section, unless the context otherwise requires: (a) "Capital construction" has the same meaning as set forth in section 24-30-1301 (2). (b) "Capital renewal" has the same meaning as set forth in section 24-30-1301 (3). (c) "Controlled maintenance" has the same meaning as set forth in section 24-30-1301 (4), including the limitations specified in section 24-30-1303.9. (d) "Facility" has the same meaning as set forth in section 24-30-1301 (8). (e) "Real property" has the same meaning as set forth in section 24-30-1301 (15). Source: L. 94: Entire section added, p. 561, § 2, effective April 6. L. 95: (1) amended, p. 639, § 28, effective July 1. L. 2007: (4) amended, p. 868, § 1, effective May 14. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1836, § 36, effective June 6. L. 2015: (1), (2), (6), (7), and (8) amended, (SB 15-270), ch. 296, p. 1217, § 16, effective June 5. Cross references: (1) For the legislative declaration contained in the 1995 act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995. (2) For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. 24-1-137. Effect of decrease in length of terms of office for certain state boards, commissions, authorities, and agencies. Persons who are holding office on June 15, 1987, and who were appointed to terms of office pursuant to sections 11-2-102, 12-4-103, 12-22-104, 1232-103, 12-33-103, 12-36-103, 12-40-106, 12-60-102, 22-80-104, 23-9-103, 23-15-104, 23-40104, 23-41-102, 24-32-706, 24-42-102, 25-25-104, 29-1-503, 29-4-704, 34-60-104, 35-41-101, 35-65-401, 35-75-104, 39-2-123, and 40-2-101, C.R.S., as said sections existed prior to June 15, 1987, shall continue to serve in such office, but such service shall be at the pleasure of the governor, who may appoint a replacement to serve for the unexpired term of any member. However, if the governor has not appointed any such replacement on or before November 15, 1987, then the person who is holding such office on June 15, 1987, shall no longer be subject to replacement pursuant to this section but shall be subject to whatever removal provisions may otherwise apply for such office. Any such member for whom a replacement has been appointed shall continue to serve until his or her successor is duly qualified. Appointments to new terms of office made after June 15, 1987, shall be made for terms of four years or as otherwise prescribed by law; except that such provision shall not apply to terms of office of persons appointed Colorado Revised Statutes 2019 Page 50 of 2372 Uncertified Printout pursuant to section 23-9-103, C.R.S., as it existed prior to July 1, 2006, or to section 24-48.5303, which is the former section 23-9-103, C.R.S. Source: L. 87: Entire section added, p. 901, § 1, effective June 15. L. 90: Entire section amended, p. 1152, § 3, effective March 13. L. 91: Entire section amended, p. 890, § 17, effective June 5. L. 2000: Entire section amended, p. 1296, § 18, effective May 26. L. 2001: Entire section amended, p. 479, § 10, effective July 1. L. 2003: Entire section amended, p. 793, § 18, effective July 1. L. 2005: Entire section amended, p. 671, § 12, effective June 1. L. 2006: Entire section amended, p. 1658, § 3, effective July 1. L. 2010: Entire section amended, (SB 10-158), ch. 231, p. 1014, § 3, effective July 1. L. 2011: Entire section amended, (HB 11-1060), ch. 31, p. 88, § 2, effective August 10. 24-1-138. Mandatory donation of services prohibited. (1) A regulatory agency or other department, division, agency, branch, instrumentality, or political subdivision of state government shall not require: (a) A person practicing a regulated profession or occupation to donate the person's professional services without compensation to another person as a condition of admission to or continued licensure, or other authorization to practice the profession or occupation; or (b) Payment of money in lieu of uncompensated service. (2) This section shall not be construed to prohibit the crediting of required hours of continuing education in exchange for hours of donated services by a person in a regulated profession or occupation. Source: L. 2019: Entire section added with relocations, (HB 19-1172), ch. 136, p. 1642, § 2, effective October 1. Editor's note: This section is similar to former § 12-1.5-101 as it existed prior to 2019. ARTICLE 1.5 State Administrative Organization Board 24-1.5-101. Legislative declaration. The general assembly hereby finds and declares that the proliferation of type 1 agencies in state government has increased the number of state government programs through the adoption of administrative rules and regulations and that the level of accountability within each principal department of state government has decreased due to the independence of the type 1 agencies. The general assembly therefore adopts this article in order to evaluate existing type 1 agencies and to determine whether agencies created in the future should be so designated. Source: L. 90: Entire article added, p. 1177, § 1, effective May 24. 24-1.5-102. State administrative organization board - creation - duties. (1) There is hereby created the state administrative organization board, referred to in this article as the "board", to be comprised of eleven members. Two members of the board shall be appointed by Colorado Revised Statutes 2019 Page 51 of 2372 Uncertified Printout the speaker of the house of representatives, one of whom shall be a member of the general assembly. One member shall be appointed by the minority leader of the house of representatives and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the speaker shall not be a member of the general assembly and shall not be a state government employee. Two members of the board shall be appointed by the president of the senate, one of whom shall be a member of the senate. One member shall be appointed by the minority leader of the senate and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the president shall not be a member of the general assembly and shall not be a state government employee. Five members of the board shall be appointed by the governor, three of whom shall not be members of the general assembly or state government employees. (2) The board shall develop a procedure to systematically and regularly review the functions and duties of all type 1 agencies in accordance with a schedule that the board shall devise. The board shall establish criteria for type 1 agencies to determine whether all existing type 1 agencies should continue as type 1 agencies and to evaluate the designation of proposed new type 1 agencies. (3) The board shall select a chairman from among its members, and it shall meet as often as necessary to carry out the duties specified in this section. Source: L. 90: Entire article added, p. 1177, § 1, effective May 24. L. 96: (2) and (3) amended, p. 1271, § 203, effective August 7. Cross references: For the legislative declaration contained in the 1996 act amending subsections (2) and (3), see section 1 of chapter 237, Session Laws of Colorado 1996. ARTICLE 1.7 Restructuring the Health and Human Services Delivery System Editor's note: This article was added in 1993. This article was repealed and reenacted in 1997, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 24-1.7-101. Legislative declaration. The general assembly hereby declares its support for local flexibility in the planning and delivery of health and human services and states its intent to foster continuing coordination, communication, and collaboration at the local level. The general assembly further states its support for local decisions to utilize people and resources at the local level in a more efficient, effective, and economical manner through consolidation of local advisory boards. The general assembly further declares its intent to streamline local planning and community input mechanisms. Colorado Revised Statutes 2019 Page 52 of 2372 Uncertified Printout Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1. Editor's note: This section is similar to former §§ 24-1.7-101 and 24-1.7-401 as they existed prior to 1997. 24-1.7-102. Local health and human services advisory boards - creation - functions. (1) In order to accomplish the intent of prior legislation on human services delivery that there be an ongoing process or forum for continued coordination and collaboration at the local level concerning the delivery of human services, this article authorizes the creation of local health and human services advisory boards. A local health and human services advisory board may serve a single county, two or more counties jointly, one or more judicial districts, or other service areas. Members of an advisory board shall be appointed by the governing body or bodies of the counties included. Membership shall be locally determined and shall include appropriate geographic, ethnic, and cultural representation and representation from the public and from consumers of services. Membership shall also include persons who have program expertise for the types of programs the advisory board advises. (2) In addition to, in combination with, or in lieu of creating a local health and human services advisory board, a county, judicial district, or other service area may elect to consolidate its advisory board with that of one or more other counties, judicial districts, or service areas as specified in section 24-1.7-103. Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1. Editor's note: This section is similar to former §§ 24-1.7-201 and 24-1.7-402 to 24-1.7404 as they existed prior to 1997. 24-1.7-103. Consolidation of local boards - process - requirements. (1) The general assembly hereby finds that there are many advisory types of boards in the human services delivery system that have similar functions and purposes and have members with similar qualifications and expertise. The general assembly finds that greater efficiency and flexibility would be achieved by allowing counties, judicial districts, and other service areas to combine and consolidate some or all of these boards into one board that serves as a broad-based local planning group and carries out all of the functions and responsibilities of the previous boards through a consolidated board. (2) Any combination of the following boards or groups may be consolidated into a single advisory board: (a) Placement alternatives commissions, created pursuant to section 19-1-116 (2)(a), C.R.S.; (b) Juvenile community review boards, as defined in section 19-1-103 (69), C.R.S., and described in section 19-2-210, C.R.S.; (c) Local juvenile services planning committees, created pursuant to section 19-2-211, C.R.S.; (d) Child protection teams, if such a team is created pursuant to section 19-3-308 (6)(a); (e) Family preservation commissions, established pursuant to section 26-5.5-106, C.R.S.; Colorado Revised Statutes 2019 Page 53 of 2372 Uncertified Printout (f) A local health and human services advisory board, created pursuant to section 24-1.7102. (3) The consolidation of, and appointments to, local boards or groups that have different appointing authorities set in statute, are subject to the agreement of each appointing authority. Each of the separate functions and responsibilities of each board or group as specified in statute must continue to be met by the consolidated board. Source: L. 97: Entire article R&RE, p. 1182, § 1, effective July 1. L. 2017: (2)(d) amended, (SB 17-016), ch. 107, p. 392, § 5, effective August 9. Editor's note: This section is similar to former § 24-1.7-103 as it existed prior to 1997. ARTICLE 1.9 Collaborative Management of Multi-agency Services Provided to Children and Families 24-1.9-101. Legislative declaration. (1) The general assembly hereby finds that children and families often benefit from treatment and services that involve multiple agencies, divisions, units, and sections of departments at the state and county level. (2) The general assembly further finds that the development of a uniform system of collaborative management is necessary for agencies at the state and county levels to effectively and efficiently collaborate to share resources or to manage and integrate the treatment and services provided to children and families who would benefit from multi-agency services. (3) (a) The development of a more uniform system of collaborative management that includes the input, expertise, and active participation of parent advocacy or family advocacy organizations may reduce duplication and eliminate fragmentation of services; increase the quality, appropriateness, and effectiveness of services provided; encourage cost-sharing among service providers; and ultimately lead to better outcomes and cost-reduction for the services provided to children and families in the state of Colorado. (b) In addition, the general fund moneys saved through utilizing a collaborative approach and consolidating various sources of agency funding will allow for reinvestment of these moneys by the agencies participating in the systems of collaborative management to provide appropriate support to children and families who would benefit from collaborative management of treatment and services. (4) The general assembly therefore finds that because a collaborative approach may lead to the provision of more appropriate and effective delivery of services to children and families and may ultimately allow the agencies providing treatment and services to provide appropriate services to children and families within existing consolidated resources, it is in the best interests of the state of Colorado to establish systems of collaborative management of multi-agency services provided to children and families. Source: L. 2004: Entire article added, p. 1547, § 1, effective May 28. L. 2015: (1), (2), and (3)(a) amended, (SB 15-241), ch. 140, p. 425, § 1, effective May 1. Colorado Revised Statutes 2019 Page 54 of 2372 Uncertified Printout 24-1.9-102. Memorandum of understanding - local-level interagency oversight groups - individualized service and support teams - coordination of services for children and families - requirements - waiver. (1) (a) Local representatives of each of the agencies specified in this subsection (1)(a) and county departments of human or social services may enter into memorandums of understanding that are designed to promote a collaborative system of local-level interagency oversight groups and individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multi-agency services. The memorandums of understanding entered into pursuant to this subsection (1) must be between interested county departments of human or social services and local representatives of each of the following agencies or entities: (I) The local judicial districts, including probation services; (II) The health department, whether a county or district public health agency; (III) The local school district or school districts; (IV) Each community mental health center; (V) Each behavioral health organization; (VI) The division of youth services; (VII) A designated managed service organization for the provision of treatment services for alcohol and drug abuse pursuant to section 27-80-107, C.R.S.; and (VIII) A domestic abuse program as defined in section 26-7.5-102, C.R.S., if representation from such a program is available. (a.5) In addition to the parties specified in paragraph (a) of this subsection (1), the memorandums of understanding entered into pursuant to this subsection (1) may include family resource centers created pursuant to article 18 of title 26, C.R.S. (b) The general assembly strongly encourages the agencies specified in paragraphs (a) and (a.5) of this subsection (1) to enter into memorandums of understanding that are regional. (c) Notwithstanding the provisions of subsection (1)(b) of this section, the agencies specified in subsections (1)(a) and (1)(a.5) of this section may enter into memorandums of understanding involving only one or more county departments of human or social services, not necessarily by region, as may be appropriate to ensure the effectiveness of local-level interagency oversight groups and individualized service and support teams in the county or counties. (d) In developing the memorandums of understanding, the general assembly strongly encourages the parties to the memorandums of understanding to seek input, support, and collaboration from key stakeholders in the private and nonprofit sector, as well as parent advocacy or family advocacy organizations that represent family members or caregivers of children who would benefit from multi-agency services. (e) Nothing shall preclude the agencies specified in subsections (1)(a) and (1)(a.5) of this section from including parties in addition to the agencies specified in subsections (1)(a) and (1)(a.5) of this section in the memorandums of understanding developed for purposes of this section, and which may include the juvenile services planning committee as described in section 19-2-211. (1.5) The department of human services shall ensure a uniform system of collaborative management that results in statewide consistency with respect to the requirements for program memorandums of understanding pursuant to this article. Colorado Revised Statutes 2019 Page 55 of 2372 Uncertified Printout (2) (a) Each memorandum of understanding entered into shall include, but is not limited to, the requirements specified in paragraphs (b) to (j) of this subsection (2). On or before October 1, 2004, utilizing moneys in the performance incentive cash fund created in section 26-5-105.5 (3.2)(a), C.R.S., the state department of human services, in conjunction with the judicial department, shall develop and make available to the parties specified in paragraph (a) of subsection (1) of this section, a model memorandum of understanding based on the requirements specified in paragraphs (b) to (j) of this subsection (2). (b) Identification of services and funding sources. The memorandum of understanding must specify the legal responsibilities and funding sources of each party to the memorandum of understanding as those responsibilities and funding sources relate to children and families who would benefit from integrated multi-agency services, including the identification of the specific services that may be provided. Specific services that may be provided may include, but are not limited to: Prevention, intervention, and treatment services; family preservation services; family stabilization services; out-of-home placement services; services for children at imminent risk of out-of-home placement; probation services; services for children with behavioral or mental health disorders; public assistance services; medical assistance services; child welfare services; and any additional services the parties deem necessary to identify. (c) Definition of the population to be served. The memorandum of understanding must include a functional definition of "children and families who would benefit from integrated multi-agency services". The collaborative management program target population consists of atrisk children and youth from birth to twenty-one years of age, or families of children or youth, who would benefit from a multi-system integrated service plan that may include prevention, intervention, and treatment services. (d) Creation of an oversight group. The memorandum of understanding shall create a local-level interagency oversight group and identify the oversight group's membership requirements, procedures for selection of officers, procedures for resolving disputes by a majority vote of those members authorized to vote, and procedures for establishing any necessary subcommittees of the interagency oversight group. Each interagency oversight group shall include a local representative of each party to the memorandum of understanding specified in paragraphs (a) and (a.5) of subsection (1) of this section, each of whom shall be a voting member of the interagency oversight group. In addition, the interagency oversight group may include, but is not limited to, the following advisory nonvoting members: (I) Representatives of interested local private sector entities; and (II) Family members or caregivers of children who would benefit from integrated multiagency services or current or previous consumers of integrated multi-agency services. (e) Establishment of collaborative management processes. The memorandum of understanding shall require the interagency oversight group to establish collaborative management processes to be utilized by individualized service and support teams authorized pursuant to paragraph (f) of this subsection (2) when providing services to children and families served by the parties to the memorandum of understanding. The collaborative management processes required to be established by the interagency oversight group shall address risksharing, resource-pooling, performance expectations, outcome-monitoring, and staff-training, and shall be designed to do the following: (I) Reduce duplication and eliminate fragmentation of services provided to children or families who would benefit from integrated multi-agency services; Colorado Revised Statutes 2019 Page 56 of 2372 Uncertified Printout (II) Increase the quality, appropriateness, and effectiveness of services delivered to children or families who would benefit from integrated multi-agency services to achieve better outcomes for these children and families; and (III) Encourage cost-sharing among service providers. (f) Authorization to create individualized service and support teams. The memorandum of understanding shall include authorization for the interagency oversight group to establish individualized service and support teams to develop a service and support plan and to provide services to children and families who would benefit from integrated multi-agency services. (g) Authorization to contribute resources and funding. The memorandum of understanding shall specify that each party to the memorandum of understanding has the authority to contribute time, resources, and funding to solve problems identified by the locallevel interagency oversight group in order to create a seamless, collaborative system of delivering multi-agency services to children and families, upon approval by the head or director of each agency or department specified in paragraphs (a) and (a.5) of subsection (1) of this section. (h) Reinvestment of money saved to serve additional children and families. The memorandum of understanding must require the interagency oversight group to create a procedure, subject to approval by the head or director of each agency or department specified in subsections (1)(a) and (1)(a.5) of this section, to allow any money resulting from waivers granted by the federal government, any local funds, and any state general fund money appropriated to the program to be used to provide services to children and families who would benefit from integrated multi-agency services, as the population is defined by the memorandum of understanding pursuant to subsection (2)(c) of this section. (i) Performance-based measures. The department of human services and the persons specified in section 24-1.9-103 (2)(b) shall develop performance measures for the system of collaborative management, which measures may be modified biennially to ensure that the measures remain valid. The memorandum of understanding must identify performance measures developed pursuant to this paragraph (i). If the parties to the memorandum of understanding meet the identified performance measures, the memorandum of understanding must require the interagency oversight group to create a procedure, subject to the approval of the head or director of each agency or department specified in paragraphs (a) and (a.5) of subsection (1) of this section, to allow any incentive moneys received by the department of human services and allocated pursuant to section 24-1.9-104 to be reinvested by the parties to the memorandum of understanding to provide appropriate services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to paragraph (c) of this subsection (2). The parties to a memorandum of understanding shall report annually to the department of human services on the performance measures identified in the parties' memorandum of understanding pursuant to this paragraph (i). (j) Confidentiality compliance. The memorandum of understanding shall include a provision specifying that state and federal law concerning confidentiality shall be followed and that records used or developed by the interagency oversight group or its members or the individualized service and support teams that relate to a particular person are to be kept confidential and may not be released to any other person or agency except as provided by law. Colorado Revised Statutes 2019 Page 57 of 2372 Uncertified Printout (3) Each department or division, section, unit, or agency within a department that is a party to the memorandum of understanding shall enter into the memorandum of understanding and all revisions to the memorandum. Revisions to the memorandum shall be developed as necessary to reflect department reorganizations or statutory changes affecting the departments that are parties to the memorandum. (4) The departments and agencies that provide oversight to the parties to the memorandum of understanding specified in paragraphs (a) and (a.5) of subsection (1) of this section are authorized to issue waivers of any rules to which the departments and agencies are subject and that would prevent the departments from effective implementation of the memorandums of understanding; however, the departments and agencies are prohibited from waiving a rule in violation of federal law or that would compromise the safety of a child. Source: L. 2004: Entire article added, p. 1548, § 1, effective May 28. L. 2008: IP(1)(a), (1)(a)(IV), (1)(a)(V), and (2)(h) amended and (1)(a)(VI) and (1)(a)(VII) added, p. 1529, § 1, effective May 28. L. 2009: (1)(a)(VI) and (1)(a)(VII) amended and (1)(a)(VIII) added, (HB 091007), ch. 32, p. 137, § 1, effective August 5. L. 2010: (1)(a)(VII) amended, (SB 10-175), ch. 188, p. 795, § 51, effective April 29; (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4) amended, (SB 10-007), ch. 148, p. 510, § 2, effective August 11; (1)(a)(II) amended, (HB 10-1422), ch. 419, p. 2081, § 59, effective August 11. L. 2015: (1.5) added and (2)(c), (2)(h)(I), and (2)(i) amended, (SB 15-241), ch. 140, p. 426, § 2, effective May 1. L. 2017: (2)(b) amended, (SB 17242), ch. 263, p. 1320, § 176, effective May 25; IP(1)(a) and (1)(a)(VI) amended, (HB 17-1329), ch. 381, p. 1981, § 51, effective June 6. L. 2018: (1)(e) amended, (SB 18-154), ch. 161, p. 1125, § 3, effective April 25; (2)(h) amended, (SB 18-254), ch. 216, p. 1373, § 2, effective May 18; IP(1)(a) and (1)(c) amended, (SB 18-092), ch. 38, p. 439, § 94, effective August 8. Editor's note: Amendments to subsection (1)(a)(II) by House Bill 10-1422 and Senate Bill 10-007 were harmonized. Amendments to subsection (1)(a)(VII) by Senate Bill 10-007 and Senate Bill 10-175 were harmonized. Cross references: (1) For the legislative declaration in the 2010 act amending subsections (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4), see section 1 of chapter 148, Session Laws of Colorado 2010. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. (3) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 24-1.9-102.5. Evaluation. The department of human services shall ensure that an annual external evaluation of the statewide program and each county or regional program is conducted by an independent outside entity. The department may contract with the outside entity to conduct an external evaluation of those counties that opted not to participate in the collaborative management program. The department of human services shall utilize moneys in the performance-based collaborative management incentive cash fund created in section 24-1.9104, or any general fund moneys appropriated for this purpose, for annual external evaluations of the counties participating in memorandums of understanding pursuant to section 24-1.9-102, Colorado Revised Statutes 2019 Page 58 of 2372 Uncertified Printout also known as the collaborative management program, as well as external evaluations as determined by the department of human services of those counties that opted to not participate in the collaborative management program. The annual external evaluation must include any evaluation that may be required in connection with a waiver authorized pursuant to section 241.9-102 (4) and an evaluation of whether the parties to a collaborative management program have successfully met or exceeded the performance measures identified in the parties' memorandum of understanding pursuant to section 24-1.9-102 (2)(i). Each county participating in the collaborative management program shall participate fully in the annual external evaluation. Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2010: Entire section amended, (SB 10-007), ch. 148, p. 512, § 3, effective August 11. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 3, effective May 1. Cross references: For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 148, Session Laws of Colorado 2010. 24-1.9-102.7. Technical assistance. The department of human services shall develop and implement training for counties participating in or interested in participating in the collaborative management program. The department of human services shall utilize moneys in the performance-based collaborative management incentive cash fund created in section 24-1.9104, or any general fund moneys appropriated for this purpose, to develop and implement training for counties. The training shall identify management strategies to collaborate effectively and efficiently to share resources or to manage and integrate the treatment and services provided to children and families receiving collaborative management services pursuant to this article. Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 4, effective May 1. 24-1.9-103. Reports - executive director review. (1) Commencing January 1, 2007, and on or before each January 1 thereafter, each interagency oversight group shall provide a report to the executive director of each department and agency that is a party to any memorandum of understanding entered into that includes: (a) The number of children and families served through the local-level individualized service and support teams and the outcomes of the services provided, including a description of any reduction in duplication or fragmentation of services provided and a description of any significant improvement in outcomes for children and families; (b) A description of estimated costs of implementing the collaborative management approach and any estimated cost-shifting or cost-savings that may have occurred by collaboratively managing the multi-agency services provided through the individualized service and support teams; (c) An accounting of moneys that were reinvested in additional services provided to children or families who would benefit from integrated multi-agency services due to costsavings that may have resulted or due to meeting or exceeding performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i); Colorado Revised Statutes 2019 Page 59 of 2372 Uncertified Printout (d) A description of any identified barriers to the ability of the state and county to provide effective services to persons who received multi-agency services; and (e) Any other information relevant to improving the delivery of services to persons who would benefit from multi-agency services. (2) (a) Utilizing the reports created pursuant to subsection (1) of this section, the persons specified in paragraph (b) of this subsection (2) shall meet at least annually with the governor, or his or her designee, to review the activities and progress of counties and agencies engaged in collaborative management of multi-agency services provided to children and families. The purpose of the meeting shall be to identify barriers encountered in collaborative management development or implementation or reinvestment of moneys and to discuss and effectuate solutions to these barriers to achieve greater efficiencies and better outcomes for the state, for local communities, and for persons who would benefit from multi-agency services. (b) The following persons or their designees shall attend the annual meeting required pursuant to subsection (2)(a) of this section: (I) The commissioner of education; (II) A superintendent of a school district that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such superintendent is selected by the commissioner of education; (III) A director of a county department of human or social services that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such director is selected by the executive director of the state department of human services; (IV) The executive director of the department of health care policy and financing; (V) The executive director of the department of human services; (VI) A director of a local mental health center that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such director is selected by the executive director of the department of human services; (VII) A representative from a statewide parent advocacy or family advocacy organization who participated in the development of a memorandum of understanding, as such representative is selected by a director of a county department of human or social services chosen by the state department of human services; (VIII) The executive director of the department of public health and environment; and (IX) The chief justice of the Colorado supreme court. Source: L. 2004: Entire article added, p. 1552, § 1, effective May 28. L. 2015: (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI) amended, (SB 15-241), ch. 140, p. 428, § 5, effective May 1. L. 2018: IP(2)(b), (2)(b)(III), and (2)(b)(VII) amended, (SB 18-092), ch. 38, p. 439, § 95, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 60 of 2372 Uncertified Printout 24-1.9-104. Cash fund - creation - grants, gifts, and donations. (1) On July 1, 2005, there shall be created in the state treasury the performance-based collaborative management incentive cash fund, which shall be referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the department of human services for state fiscal year 2005-06 and each fiscal year thereafter. The fund shall consist of moneys received from docket fees in civil actions and transferred as specified in section 13-32-101 (5)(a)(II), C.R.S. (2) The executive director of the department of human services is authorized to accept and expend on behalf of the state any grants, gifts, or donations from any private or public source for the purposes of this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to moneys credited pursuant to subsection (1) of this section and any moneys that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state or any other fund at the end of any fiscal year. (2.5) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct three hundred thousand dollars from the fund and transfer such sum to the general fund. (3) (a) On and after July 1, 2005, the executive director of the department of human services shall allocate the moneys in the fund, and any general fund moneys appropriated for this purpose, to provide incentives to parties to a memorandum of understanding who have agreed to performance-based collaborative management pursuant to section 24-1.9-102 (2)(i) and who, based upon the annual report to the department of human services pursuant to section 24-1.9-102 (2)(i), have successfully met or exceeded the performance measures identified in the parties' memorandum of understanding pursuant to section 24-1.9-102 (2)(i). The incentives shall be used to provide services to children and families who would benefit from integrated multiagency services, as such population is defined by the memorandum of understanding pursuant to section 24-1.9-102 (2)(c). (a.5) On and after July 1, 2008, the executive director of the department of human services is authorized to allocate moneys in the fund, and any general fund moneys appropriated for this purpose, to be used to cover the direct and indirect costs of the external evaluation of the performance-based collaborative management program described in section 24-1.9-102 and the technical assistance and training for counties as described in section 24-1.9-102.7. (b) For purposes of allocating incentive moneys pursuant to this subsection (3), the executive director of the department of human services shall submit an accounting of moneys in the fund available for incentives, and any general fund moneys appropriated for this purpose, and a proposal for the allocation of incentive moneys to the state board of human services for review and approval prior to the allocation of the moneys. The state board of human services shall approve the proposal not later than thirty days after receipt of the proposal from the executive director of the department of human services. Source: L. 2004: Entire article added, p. 1554, § 1, effective May 28. L. 2008: (3)(a.5) added, p. 1531, § 3, effective May 28. L. 2009: (2.5) added, (SB 09-279), ch. 367, p. 1926, § 7, effective June 1. L. 2011: (1) amended, (HB 11-1303), ch. 264, p. 1164, § 54, effective August Colorado Revised Statutes 2019 Page 61 of 2372 Uncertified Printout 10. L. 2015: (3) amended, (SB 15-241), ch. 140, p. 428, § 6, effective May 1; (1) amended, (SB 15-264), ch. 259, p. 958, § 60, effective August 5. ARTICLE 2 Organization of Administrative Departments 24-2-101. Application. The provisions of this article, parts 2 and 11 of article 30, and articles 31, 35, and 36 of this title shall not be construed to apply to the judiciary nor the legislature, except when expressly specified. Source: L. 41: p. 35, § 2. CSA: C. 3, § 2. CRS 53: § 3-1-2. C.R.S. 1963: § 3-1-2. L. 68: p. 138, § 175. L. 2001: Entire section amended, p. 1273, § 29, effective June 5. 24-2-102. Appointment of officers and employees. (1) Except as otherwise provided by law, such officers and employees as may be necessary in each principal department or institution of higher education shall be appointed by the head of each such department or institution in conformity with section 13 of article XII of the constitution of the state and the laws enacted in accordance therewith. (2) The head of each principal department shall certify to the governor the number of officers and employees needed or required for the operation of his or her department for the ensuing twelve-month period in accordance with article 37 of this title. (3) If, after appointments have been made to any principal department, the governor is of the opinion that the appointed personnel of any such department is in excess of its needs, the governor may require the separation of any of said appointees if ten days' prior notice of the proposed action is given by the governor to the head of any such department affected and opportunity given to such head within said ten-day period to be heard as to the necessity for the retention of all or any of said appointees proposed to be separated. The decision of the governor after such hearing shall be final and conclusive. (4) If, during any fiscal period, there are not sufficient revenues available for expenditure during such period to carry on the functions of the state government and to support its agencies and institutions and such fact is made to appear to the governor, in the exercise of his discretion, by executive order, he may suspend or discontinue, in whole or in part, the functions or services of any department, board, bureau, or agency of the state government; except that the authority of the governor to restrict the expenditure of moneys appropriated from the capital construction fund shall be determined by the provisions of section 24-75-201.5. Such discontinuance or suspension shall become effective upon the first day of the calendar month following the entry of such executive order and shall continue for such period of time, not to exceed three months, as shall be determined by such executive order. If, during any such period of time, it again appears to the governor that such deficiency of revenues still persists, from time to time, he may extend the operation of such executive order for a like period of time not to exceed three months; but the state shall not be liable for the payment of any claim for salaries or expenses purporting to have accrued against any such department, board, bureau, or agency during any such period of suspension, and the controller shall not issue nor may the state Colorado Revised Statutes 2019 Page 62 of 2372 Uncertified Printout treasurer honor any warrant therefor. Elective officers shall not be subject to the provisions of this article, parts 2 and 11 of article 30, and articles 31, 35, 36, and 101 to 111 of this title. Source: L. 41: p. 37, § 5. CSA: C. 3, §§ 5, 6. CRS 53: § 3-1-5. C.R.S. 1963: § 3-1-4. L. 68: p. 137, § 171. L. 72: p. 182, §§ 2, 3. L. 81: (4) amended, p. 1286, § 4, effective January 1, 1982. L. 91: (4) amended, p. 805, § 2, effective July 1. L. 95: (4) amended, p. 1103, § 35, effective May 31. L. 99: (1) amended, p. 164, § 23, effective August 4. L. 2004: (1) and (2) amended, p. 1693, § 29, effective July 1, 2005. Cross references: For power of the head of a principal department to discontinue divisions, sections, or units other than those created by law, see § 24-1-107. 24-2-103. Compensation of heads of departments and other officers and employees. (1) (a) Except as provided in paragraph (b) of this subsection (1), officers and employees of the state who are exempt from the state personnel system shall receive compensation as fixed by law. Any officer or employee who receives compensation as fixed by law shall not receive compensation or fees from more than one department or institution of higher education or in more than one capacity; except that the lieutenant governor may be compensated for any additional duties and functions relating to a department or institution of higher education as may be authorized by law. (b) If the compensation of an officer or employee who is exempt from the state personnel system is not fixed by law, the officer's or employee's compensation shall be determined as follows: (I) The governor shall determine the compensation for the head of each principal department, and the head of each principal department shall determine the compensation for officers and employees of the department. (II) The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., shall determine the compensation for the head of the institution, and the head of each institution shall determine the compensation for officers and employees of the institution. (c) Officers and employees in the state personnel system shall receive compensation pursuant to section 13 of article XII of the state constitution and the compensation system established by the state personnel director pursuant to article 50 of this title. Officers and employees in the state personnel system shall not receive compensation or fees from more than one department or institution of higher education except as permitted by rules adopted by the state personnel director in accordance with article 4 of this title that are consistent with the overtime provisions of section 24-50-104.5. (d) Nothing in this subsection (1) shall prevent departments and institutions of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., from sharing personnel if the terms and conditions of the personnel sharing agreement are in writing and include a provision concerning the distribution of compensation. (2) Upon declaration of a fiscal emergency made pursuant to section 24-50-109.5 (1) and the subsequent imposition of mandatory furloughs or other measures to reduce personnel expenditures, such measures shall apply not only to state personnel system employees but shall Colorado Revised Statutes 2019 Page 63 of 2372 Uncertified Printout be likewise imposed upon all other officers and employees of the executive branch, if exempt from the state personnel system, except as otherwise provided by law or prohibited by contract. Source: L. 41: p. 39, § 6. CSA: C. 3, § 7. CRS 53: § 3-1-6. L. 61: p. 128, § 1. C.R.S. 1963: § 3-1-5. L. 68: p. 138, § 172. L. 73: p. 166, § 1. L. 83: Entire section amended, p. 848, § 1, effective May 31. L. 2004: (1) R&RE, p. 1536, § 1, effective May 28. L. 2011: (1)(a) amended, (HB 11-1155), ch. 90, p. 265, § 2, effective April 6. L. 2012: (1)(b)(II) and (1)(d) amended, (HB 12-1081), ch. 210, p. 903, § 4, effective August 8. 24-2-104. Bonds. (Repealed) Source: L. 41: p. 39, § 7. CSA: C. 3, § 8. CRS 53: § 3-1-7. C.R.S. 1963: § 3-1-6. L. 68: p. 138, § 173. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 462, § 2, effective August 8. Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018. 24-2-105. Rules and regulations. The head of each principal department is empowered, subject to the written approval of the governor, to prescribe rules and regulations, not inconsistent with law, for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto. Source: L. 41: p. 39, § 8. CSA: C. 3, § 8. CRS 53: § 3-1-8. C.R.S. 1963: § 3-1-7. L. 68: p. 138, § 174. Cross references: For rule-making procedures, see article 4 of this title. 24-2-106. Restriction of number of employees. It is the duty of the governor as the supreme executive power of the state to restrict the number of employees in the various offices, boards, divisions, and agencies of the executive department to the lowest number required for efficient operation thereof. In making any appointment or in approving any appointment made by any other official of the executive department, the governor shall certify in writing that he deems such appointment necessary and for the best interests of the public service. In the exercise of his responsibility, the governor may delegate in writing to some other official the power to approve or disapprove appointments made by other officials of the executive department, subject always to final review by the governor at his option. Source: L. 41: p. 51, § 10. CSA: C. 3, § 10. CRS 53: § 3-2-2. L. 63: p. 121, § 2. C.R.S. 1963: § 3-2-2. 24-2-107. Transfer of employees. For the purpose of providing necessary flexibility to meet working conditions and seasonal demands, the governor has power, when he is of the opinion and so certifies in writing that it is necessary or desirable so to do, to transfer any Colorado Revised Statutes 2019 Page 64 of 2372 Uncertified Printout employee of any office, board, division, or agency of the state government to any other office, board, division, or agency of the state government for such time as in the opinion of the governor is necessary. Source: L. 41: p. 51, § 11. CSA: C. 3, § 11. CRS 53: § 3-2-3. L. 63: p. 121, § 3. C.R.S. 1963: § 3-2-3. 24-2-108. Departments to share information and mailings. For the convenience of the citizens of this state and to promote economy in state government, it is the intent of the general assembly that all principal departments, when feasible and not contrary to federal or state law, shall share as much information as possible and, when reasonably feasible to do so, shall coordinate forms, both federal and state, and shall eliminate multiple mailings to addressees. Source: L. 77: Entire section added, p. 1133, § 1, effective May 24. Cross references: For the "Information Coordination Act", see § 24-1-136. ARTICLE 3 Agencies as Parties in Actions 24-3-101. Agency defined. As used in this article, the term "agency" means every agency in the executive branch of the state government which is required by the constitution or statutes of the state to exercise discretion or to perform judicial or quasi-judicial functions. As so qualified, the term "agency" includes, but is not limited to, boards, commissions, departments, divisions, offices, and officers. Source: L. 57: p. 118, § 1. CRS 53: § 3-2-4. C.R.S. 1963: § 3-2-4. 24-3-102. Party in original action. (1) Except as otherwise specifically provided and subject to applicable provisions of the constitution, statutes, and rules of civil procedure of the state of Colorado, every agency is authorized: (a) To institute and appear as a party in original actions in the supreme court of the state of Colorado and the United States supreme court in all causes, matters, and proceedings involving the functions and duties of such agency where such courts have original jurisdiction; (b) To prosecute appeals in all cases, causes, matters, and proceedings in which such agency is a party in the courts of this state and its subdivisions, federal courts, and courts in other jurisdictions. Source: L. 57: p. 118, § 2. CRS 53: § 3-2-5. C.R.S. 1963: § 3-2-5. 24-3-103. Provisions procedural and remedial. The provisions of this article shall be construed as procedural and remedial and shall not be construed as extending, conferring, or granting such agencies any substantive powers, duties, or functions, nor shall this article be construed as granting permission to sue the sovereign state of Colorado or any agency thereof. Colorado Revised Statutes 2019 Page 65 of 2372 Uncertified Printout Source: L. 57: p. 119, § 4. CRS 53: § 3-2-7. C.R.S. 1963: § 3-2-7. ARTICLE 3.5 Meetings of Boards and Commissions 24-3.5-101. Legislative declaration relating to meetings of state boards and commissions. The general assembly declares that public participation in government produces better government; therefore, to promote as much public participation in government as possible, every state board and commission established by law is encouraged to hold at least one-third of its regularly scheduled meetings outside the Denver metropolitan area each year, taking their budgetary constraints into account. Source: L. 75: Entire article added, p. 791, § 1, effective June 20. Cross references: For the open meetings law, see part 4 of article 6 of this title. ARTICLE 3.7 Statutory Requirements for Creation of Boards and Commissions 24-3.7-101. Statutory language required for creation of state boards and commissions. When the general assembly statutorily creates any board or commission in state government, such statutory provision shall specify a termination date for such board or commission, the appointing authority for each member, any requirement for senate confirmation of appointments, the number and type of members, any per diem or allowance for expenses, the state department in which the board or commission shall be located, any explicit powers possessed by such board or commission, including but not limited to advisory authority, rulemaking authority, or authority regarding the control of revenues, and any staffing, funding, or reporting requirements. Source: L. 91: Entire article added, p. 834, § 1, effective March 29. 24-3.7-102. Best practices for state boards and commissions. (1) Notwithstanding any law to the contrary, commencing January 1, 2019, each statutorily created board or commission in state government, not including a special purpose authority as defined in section 24-77-102 (15), shall implement written policies or bylaws and obtain annual training on: (a) Understanding and operating within the limits of statutory directives, legislative intent, and any specific directions or laws related to the board or commission's establishment and its powers and duties; (b) Defining the board or commission's mission or role in the oversight of projects or entities approved to receive public funding, if applicable; (c) Understanding the goals of the programs the board or commission oversees, and aligning the board or commission's processes with those goals; Colorado Revised Statutes 2019 Page 66 of 2372 Uncertified Printout (d) Identifying and managing conflicts of interest; (e) Understanding the requirements of the "Colorado Open Records Act", part 2 of article 72 of this title 24, and the open meetings law, part 4 of article 6 of this title 24; (f) Setting parameters regarding board or commission staff's duties relative to the board or commission's mission or role; (g) Identifying and securing sufficient data in order for the board or commission to make informed decisions; (h) Ensuring the appropriate involvement of members in the review of key communications and in any policy-making activities; (i) Ensuring members act in accordance with their roles as public representatives; (j) Coordinating with other boards or commissions, industry, educational institutions, and state agencies where responsibilities and interests overlap; and (k) Annually reviewing management practices to ensure best practices are utilized. (2) Each state agency responsible for a statutorily created board or commission shall ensure that the state board or commission obtains the annual training and implements the written policies specified in subsection (1) of this section. Source: L. 2018: Entire section added, (HB 18-1198), ch. 145, p. 930, § 1, effective August 8. ARTICLE 4 Rule-making and Licensing Procedures by State Agencies Cross references: For limitation on licensing and revocation of licenses, see Graeb v. State Board of Medical Examiners, 55 Colo. 523, 139 P. 1099; Chenowith v. State Board of Medical Examiners, 57 Colo. 74, 141 P. 132 (1914); Sapero v. State Board of Medical Examiners, 90 Colo. 568, 11 P.2d 555 (1932); Paine v. People, 106 Colo. 258, 103 P.2d 686 (1940); Prouty v. Heron, 127 Colo. 168, 255 P.2d 755 (1953); Colorado State Board of Nurse Examiners v. Hohu, 129 Colo. 195, 268 P.2d 401 (1954); In re Hearings Concerning Canon 35, 132 Colo. 591, 296 P.2d 465 (1956); and Geer v. Stathopulos, 135 Colo. 146, 309 P.2d 606 (1957). For the distinction between "standards" which must be enacted by the general assembly and rules and regulations which can be enacted by the department, see cases annotated under article III of the Colorado Constitution; Schechter Poultry Corp. v. U.S., 295 U.S. 495, 55 S. Ct. 837, 79 L. Ed. 1570 (1935); Prouty v. Heron, 127 Colo. 168, 255 P.2d 755 (1953); and Casey v. People, 139 Colo. 89, 336 P.2d 308 (1959); for article, "Administrative Rule Review: Procedures and Oversight by the Colorado General Assembly", see 33 Colo. Law. 83 (June 2004). Law reviews: For article, "The Colorado Administrative Procedure Act: Exclusive Demanding Reform", see 44 Den. L.J. 42 (1967); for comment on the Colorado Administrative Procedure Act and its construction, see 51 Den. L.J. 275 (1974); for comment, "Pre-Enforcement Judicial Review: CF Steel Corp. v. Colorado Air Pollution Control Commission", see 58 Den. L.J. 693 (1981); for article, "Administrative Law", which discusses Tenth Circuit decisions dealing with questions of administrative law, see 61 Den. L.J. 109 (1984); for article, Colorado Revised Statutes 2019 Page 67 of 2372 Uncertified Printout "Administrative Law", which discusses Tenth Circuit decisions dealing with questions of administrative law, see 62 Den. U. L. Rev. 9 (1985); for "Administrative Law", which discusses Tenth Circuit decisions dealing with questions of administrative law, see 63 Den. U. L. Rev. 165 (1986); for article, "A Practitioner's Guide to the Colorado Air Quality Control Commission", see 16 Colo. Law. 1405 (1987); for article, "General Principles of the Colorado Administrative Procedure Act", see 16 Colo. Law. 1983 (1987); for article, "Prosecuting an Appeal from a Decision of the Colorado Public Utilities Commission", see 16 Colo. Law. 2163 (1987); for article, "Practicing Before the Colorado Civil Rights Commission", see 17 Colo. Law. 259 (1988); for article, "Administrative Law", which discusses Tenth Circuit decisions dealing with questions of administrative law, see 65 Den. U. L. Rev. 357 (1988); for a discussion of Tenth Circuit decisions dealing with questions of administrative law, see 66 Den. U. L. Rev. 667 (1989); for a discussion of Tenth Circuit decisions dealing with questions of administrative law, see 67 Den. U. L. Rev. 603 (1990); for article, "Parallel Criminal and Administrative Licensure Proceedings", see 20 Colo. Law. 213 (1991); for article, "Legislative Sunset of Administrative Rules", see 21 Colo. Law. 2191 (1992); for article, "Representing a Professional Licensee in A Regulatory Board Investigation", see 21 Colo. Law. 1397 (1992). PART 1 GENERAL 24-4-101. Short title. This article shall be known and may be cited as the "State Administrative Procedure Act". Source: L. 69: p. 91, § 8. C.R.S. 1963: § 3-16-7. 24-4-101.5. Legislative declaration. The general assembly finds that an agency should not regulate or restrict the freedom of any person to conduct his or her affairs, use his or her property, or deal with others on mutually agreeable terms unless it finds, after a full consideration of the effects of the agency action, that the action would benefit the public interest and encourage the benefits of a free enterprise system for the citizens of this state. The general assembly also finds that many government programs may be adopted without stating the direct and indirect costs to consumers and businesses and without consideration of such costs in relation to the benefits to be derived from the programs. The general assembly further recognizes that agency action taken without evaluation of its economic impact may have unintended effects, which may include barriers to competition, reduced economic efficiency, reduced consumer choice, increased producer and consumer costs, and restrictions on employment. The general assembly further finds that agency rules can negatively impact the state's business climate by impeding the ability of local businesses to compete with out-of-state businesses, by discouraging new or existing businesses from moving to this state, and by hindering economic competitiveness and job creation. Accordingly, it is the continuing responsibility of agencies to analyze the economic impact of agency actions and reevaluate the economic impact of continuing agency actions to determine whether the actions promote the public interest. Colorado Revised Statutes 2019 Page 68 of 2372 Uncertified Printout Source: L. 77: Entire section added, p. 1134, § 1, effective May 31. L. 2003: Entire section amended, p. 2369, § 1, effective August 6. 24-4-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Action" includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. Any agency rule, order, license, sanction, relief, or the equivalent or denial thereof which constitutes final agency action shall include a list of all parties to the agency proceeding and shall specify the date on which the action becomes effective. (2) "Adjudication" means the procedure used by an agency for the formulation, amendment, or repeal of an order and includes licensing. (3) "Agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except: (a) State educational institutions administered pursuant to title 23, C.R.S., except article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23, C.R.S.; (b) Repealed. (c) The adjutant general of the National Guard, whose powers and duties are set forth in section 28-3-106, C.R.S. (3.5) "Aggrieved", for the purpose of judicial review of rule-making, means having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests. (4) "Counsel" means an attorney admitted to practice before the supreme court of this state. (5) "Decision" means the determinative action in adjudication and includes order, opinion, sanction, and relief. (5.5) "Economic competitiveness" means the ability of the state of Colorado to attract new business and the ability of the businesses currently operating in Colorado to create new jobs and raise productivity. (6) "Initial decision" means a decision made by a hearing officer or administrative law judge which will become the action of the agency unless reviewed by the agency. (6.2) "Interested person" includes any person who may be aggrieved by agency action. (6.5) "Legislative committees of reference" means the committees established by the rules of the house of representatives and rules of the senate of the general assembly having jurisdiction over subject matter regulated by state agencies. (7) "License" includes the whole or any part of any agency permit, certificate, registration, charter, membership, or statutory exemption. (8) "Licensing" includes the procedure used by an agency respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license. (9) "Opinion" means the statement of reasons, findings of fact, and conclusions of law in explanation or support of an order. (10) "Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) by any agency in any matter other than rule-making. Colorado Revised Statutes 2019 Page 69 of 2372 Uncertified Printout (11) "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding subject to the provisions of this article. (12) "Person" includes an individual, limited liability company, partnership, corporation, association, county, and public or private organization of any character other than an agency. (13) "Proceeding" means any agency process for any rule or rule-making, order or adjudication, or license or licensing. (14) "Relief" includes the whole or any part of any agency grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; recognition of any claim, right, immunity, privilege, exemption, exception, or remedy; or any other action upon the application or petition of, and beneficial to, any person. (14.5) "Representative group" means a diverse group convened by an agency prior to rule-making or invited to participate in the rule-making hearing to give input and to comment on the effect of the proposed rules. The group should represent different points of view and may include representatives of persons, businesses, advocacy groups, trade associations, labor organizations, environmental advocacy groups, consumer advocates, or the regulated industry or profession affected negatively or positively by proposed rules. (15) "Rule" means the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice requirements of any agency. "Rule" includes "regulation". (16) "Rule-making" means agency process for the formulation, amendment, or repeal of a rule. "Rule-making" does not include a statutory citation correction authorized by section 24-4103 (11)(l). (17) "Sanction" includes the whole or any part of any agency prohibition, requirement, limitation, or other condition affecting the freedom of any person; withholding of relief; imposition of any form of penalty or fine; destruction, taking, seizure, barring access to, or withholding of property; assessment of damages; reimbursement; restitution; compensation; costs; charges or fees; requirement; revocation or suspension of a license or the prescription or requirement of terms, conditions, or standards of conduct thereunder; or other compulsory or restrictive action. (18) "Small business" means a business with fewer than five hundred employees. Source: L. 59: p. 158, § 1. CRS 53: § 3-16-1. C.R.S. 1963: §3-16-1. L. 67: p. 300, § 1. L. 69: p. 81, § 1. L. 76: (4) amended and (6.5) added, p. 582, § 14, effective May 24. L. 79: (3.5) added and (12) amended, pp. 842, 843, §§ 1, 1, effective May 26. L. 81: (1) amended, p. 1133, § 1, effective June 6. L. 83: (3) amended, p. 962, § 7, effective July 1, 1984. L. 87: (6) amended, p. 961, § 64, effective March 13. L. 90: (12) amended, p. 447, § 8, effective April 18. L. 93: (6.2) added, p. 1325, § 1, effective June 6. L. 2002: (3) amended, p. 586, § 6, effective May 24. L. 2003: (5.5) and (18) added, p. 2370, § 2, effective August 6. L. 2012: (14.5) added, (HB 12-1008), ch. 182, p. 691, § 1, effective May 17; (3)(b) repealed, (HB 12-1283), ch. 240, p. 1133, § 44, effective July 1. L. 2013: (3)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 49, effective August 7. L. 2017: (16) amended, (HB 17-1006), ch. 31, p. 88, § 1, effective March 16. Cross references: For the legislative declaration in the 2012 act repealing subsection (3)(b), see section 1 of chapter 240, Session Laws of Colorado 2012. Colorado Revised Statutes 2019 Page 70 of 2372 Uncertified Printout 24-4-103. Rule-making - procedure - definitions - statutory citation correction. (1) When any agency is required or permitted by law to make rules, in order to establish procedures and to accord interested persons an opportunity to participate therein, the provisions of this section shall be applicable. Except when notice or hearing is otherwise required by law, this section does not apply to interpretative rules or general statements of policy, which are not meant to be binding as rules, or rules of agency organization. (1.5) If an agency reinterprets an existing rule in a manner that is substantially different than previous agency interpretations of the rule or if there has been a change in a statute that affects the interpretation or the legality of a rule, the office of legislative legal services shall review the rule in the same manner as rules that have been newly adopted or amended under paragraph (d) of subsection (8) of this section upon receiving a request for such a review of the rule by any member of the general assembly. (2) When rule-making is contemplated, public announcement thereof may be made at such time and in such manner as the agency determines. The agency shall establish a representative group of participants with an interest in the subject of the rule-making to submit views or otherwise participate informally in conferences on the proposals under consideration or to participate in the public rule-making proceedings on the proposed rules. In establishing the representative group, the agency shall make diligent attempts to solicit input from representatives of each of the various stakeholder interests that may be affected positively or negatively by the proposed rules. If the agency convenes a representative group prior to issuing a notice of proposed rule-making as provided in paragraph (a) of subsection (3) of this section, the agency shall add those persons who participated in the representative group to the list of persons who receive notification of proposed rule-making as provided in paragraph (b) of subsection (3) of this section. (2.5) (a) At the time of filing a notice of proposed rule-making with the secretary of state as the secretary may require, an agency shall submit a draft of the proposed rule or the proposed amendment to an existing rule and a statement, in plain language, concerning the subject matter or purpose of the proposed rule or amendment to the office of the executive director in the department of regulatory agencies. The executive director, or his or her designee, shall distribute the proposed rule or amendment, the agency's statement concerning the subject matter or purpose of the proposed rule or amendment, and any cost-benefit analysis prepared pursuant to this section to all persons who have submitted a request to receive notices from the department of regulatory agencies about proposed rule-making. Any person may, within five days after publication of the notice of proposed rule-making in the Colorado register, request that the department of regulatory agencies require the agency submitting the proposed rule or amendment to prepare a cost-benefit analysis. The executive director, or his or her designee, shall determine, after consultation with the agency proposing the rule or amendment, whether to require the agency to prepare a cost-benefit analysis. If the executive director, or his or her designee, determines that a cost-benefit analysis is required, the agency shall complete a costbenefit analysis at least ten days before the hearing on the rule or amendment, shall make the analysis available to the public by posting the analysis on the agency's official website, and shall submit a copy to the executive director or his or her designee. The executive director, or his or her designee, shall post the analysis on the department of regulatory agencies' official website. By filing an additional notice published in the Colorado register, the agency may postpone the hearing on the rule or amendment to comply with the requirement to complete the cost-benefit Colorado Revised Statutes 2019 Page 71 of 2372 Uncertified Printout analysis at least ten days before the hearing. Failure to complete a requested cost-benefit analysis pursuant to this subsection (2.5) shall preclude the adoption of such rule or amendment. Such cost-benefit analysis shall include the following: (I) The reason for the rule or amendment; (II) The anticipated economic benefits of the rule or amendment, which shall include economic growth, the creation of new jobs, and increased economic competitiveness; (III) The anticipated costs of the rule or amendment, which shall include the direct costs to the government to administer the rule or amendment and the direct and indirect costs to business and other entities required to comply with the rule or amendment; (IV) Any adverse effects on the economy, consumers, private markets, small businesses, job creation, and economic competitiveness; and (V) At least two alternatives to the proposed rule or amendment that can be identified by the submitting agency or a member of the public, including the costs and benefits of pursuing each of the alternatives identified. (b) The executive director, or his or her designee, shall study the cost-benefit analysis and may urge the agency to revise the rule or amendment to eliminate or reduce the negative economic impact. The executive director, or his or her designee, may inform the public about the negative impact of the proposed rule or the proposed amendment to an existing rule. (c) Any proprietary information provided to the department of revenue by a business or trade association for the purpose of preparing a cost-benefit analysis shall be confidential. (d) If the agency has made a good faith effort to comply with the requirements of paragraph (a) of this subsection (2.5), the rule or amendment shall not be invalidated on the ground that the contents of the cost-benefit analysis are insufficient or inaccurate. (e) This subsection (2.5) shall not apply to orders, licenses, permits, adjudication, or rules affecting the direct reimbursement of vendors or providers with state funds. (f) Repealed. (g) Each state rule-making agency with a website containing rule-making information shall include the following information on its website: (I) Information about the cost-benefit analysis process set forth in this subsection (2.5); and (II) A link to the online regulatory notice enrollment form created by the executive director of the department of regulatory agencies or the executive director's designee and listed on the department's website. (2.7) (a) As used in this subsection (2.7): (I) "Director" means the director of the office of state planning and budgeting. (II) "State mandate" has the same meaning as set forth in section 29-1-304.5 (3)(d), C.R.S. (b) No agency shall promulgate a rule creating a state mandate on a local government unless the agency complies with the requirements of section 29-1-304.5, C.R.S. (c) (I) Except as provided in paragraph (g) of this subsection (2.7), beginning January 1, 2014, for each proposed rule that includes a state mandate, an agency shall provide to the director a description of: (A) The proposed rule; Colorado Revised Statutes 2019 Page 72 of 2372 Uncertified Printout (B) The nature and extent of any consultations that the agency had with elected officials or other representatives of the local governments that would be affected by the proposed state mandate; (C) The nature of any concerns of the elected officials or other representatives of the local governments; (D) Any written communications or comments submitted to the agency by an elected official or other representative of a local government; and (E) The agency's reasoning supporting the need to promulgate the rule containing the state mandate. (II) The director shall review the information provided pursuant to subparagraph (I) of this paragraph (c) and, if it complies with the requirements of this paragraph (c), the director shall send a written notice of compliance to the agency. An agency shall not conduct a public rule-making proceeding unless the agency has received the written notice of compliance from the director. (d) Each agency shall develop a process to actively solicit the meaningful and timely input of elected officials and other representatives of local governments into the development of proposed rules with state mandates affecting local governments. Each agency shall implement its process no later than January 1, 2014, and post the process on the agency's website. (e) The executive director of each department shall be responsible for ensuring implementation of and compliance with this subsection (2.7). (f) The general assembly shall appropriate any moneys necessary for the implementation of this subsection (2.7) to the office of state planning and budgeting in the annual general appropriation act for the fiscal year 2013-14. (g) Beginning January 1, 2014, for each proposed rule of the state board of education that imposes a new state mandate or an increase in the level of service for an existing state mandate beyond that required by statute, the department of education shall comply with the provisions of paragraph (c) of this subsection (2.7). (3) (a) Notice of proposed rule-making shall be published as provided in subsection (11) of this section and shall state the time, place, and nature of public rule-making proceedings that shall not be held less than twenty days after such publication, the authority under which the rule is proposed, and either the terms or the substance of the proposed rule or a description of the subjects and issues involved. (a.5) If the agency proposes a rule to increase fees or fines, at the time of giving notice of proposed rule-making or within ten days following the adoption of an emergency or temporary rule that increases fees or fines, the agency shall send a written or electronic notification to each member of the general assembly notifying the members of the general assembly of the proposed rule or the adoption of an emergency rule and specifying the amount of the increase in the fees or fines. (b) Each rule-making agency shall maintain a list of all persons who request notification of proposed rule-making, including temporary or emergency rule-making. Any person on such list who requests a copy of the proposed rules shall submit to the agency a fee that shall be set by such agency based upon the agency's actual cost of copying and mailing the proposed rules to such person. All fees collected by the agency are hereby appropriated to the agency solely for the purpose of defraying such cost. On or before the date of the publication of notice of proposed rule-making in the Colorado register, the agency shall mail the notice of proposed rule-making to Colorado Revised Statutes 2019 Page 73 of 2372 Uncertified Printout all persons on such list. If a person requests to be notified by electronic mail, notice is sufficient by such means if a copy of the proposed rules is attached or included in the electronic mail or if the electronic mail provides the location where the proposed rules may be viewed on the internet. No fees shall be charged for notification by electronic mail. A person may only request notification on his or her own behalf, and a request for notification by one person on behalf of another person need not be honored. (4) (a) At the place and time stated in the notice, the agency shall hold a public hearing at which it shall afford interested persons an opportunity to submit written data, views, or arguments and to present the same orally unless the agency deems it unnecessary. The agency shall consider all such submissions. Any proposed rule or revised proposed rule by an agency which is to be considered at the public hearing, together with a proposed statement of basis, specific statutory authority, purpose, and the regulatory analysis required in subsection (4.5) of this section, shall be made available to any person at least five days prior to said hearing. The rules promulgated by the agency shall be based on the record, which shall consist of proposed rules, evidence, exhibits, and other matters presented or considered, matters officially noticed, rulings on exceptions, any findings of fact and conclusions of law proposed by any party, and any written comments or briefs filed. (a.5) Subject to the provisions of section 24-72-204 (3)(a)(IV), any study or other documentation utilized by an agency as the basis of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection. Subject to the provisions of section 24-72-204 (3)(a)(IV), all information, including, but not limited to, the conclusions and underlying research data from any studies, reports, published papers, and documents, used by the agency in the development of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection. (b) All proposed rules shall be reviewed by the agency. No rule shall be adopted unless: (I) The record of the rule-making proceeding demonstrates the need for the regulation; (II) The proper statutory authority exists for the regulation; (III) To the extent practicable, the regulation is clearly and simply stated so that its meaning will be understood by any party required to comply with the regulation; (IV) The regulation does not conflict with other provisions of law; and (V) The duplication or overlapping of regulations is explained by the agency proposing the rule. (c) Rules, as finally adopted, shall be consistent with the subject matter as set forth in the notice of proposed rule-making provided in subsection (11) of this section. After consideration of the relevant matter presented, the agency shall incorporate by reference on the rules adopted a written concise general statement of their basis, specific statutory authority, and purpose. The written statement of the basis, specific authority, regulatory analysis required by subsection (4.5) of this section, and purpose of a rule which involves scientific or technological issues shall include an evaluation of the scientific or technological rationale justifying the rule. Each agency shall maintain a copy of its currently effective rules and the current status of each published proposal for rules and minutes of all its action upon rules, as well as any attorney general's opinion rendered on any adopted or proposed rule. Such materials shall be available for inspection by any person during regular office hours. Colorado Revised Statutes 2019 Page 74 of 2372 Uncertified Printout (d) Within one hundred eighty days after the last public hearing on the proposed rule, the agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by publication of a notice to that effect in the Colorado register. (4.5) (a) Upon request of any person, at least fifteen days prior to the hearing, the agency shall issue a regulatory analysis of a proposed rule. The regulatory analysis shall contain: (I) A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule; (II) To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons; (III) The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues; (IV) A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction; (V) A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule; and (VI) A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule. (b) Each regulatory analysis shall include quantification of the data to the extent practicable and shall take account of both short-term and long-term consequences. (c) The regulatory analysis shall be available to the public at least five days prior to the rule-making hearing. (d) If the agency has made a good faith effort to comply with the requirements of paragraphs (a) to (c) of this subsection (4.5), the rule shall not be invalidated on the ground that the contents of the regulatory analysis are insufficient or inaccurate. (e) Nothing in paragraphs (a) to (c) of this subsection (4.5) shall limit an agency's discretionary authority to adopt or amend rules. (f) The provisions of this subsection (4.5) shall not apply to rules and regulations promulgated by the department of revenue regarding the administration of any tax which is within the authority of said department. (5) A rule shall become effective twenty days after publication of the rule as finally adopted, as provided in subsection (11) of this section, or on such later date as is stated in the rule. Once a rule becomes effective, the rule-making process shall be deemed to have become final agency action for judicial review purposes. (6) (a) A temporary or emergency rule may be adopted without compliance with the procedures prescribed in subsection (4) of this section and with less than the twenty days' notice prescribed in subsection (3) of this section, or where circumstances imperatively require, without notice, only if the agency finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest and makes such a finding on the record. Such findings and a statement of the reasons for the action shall be published with the rule. A temporary or emergency rule may be adopted without compliance with subsections (2.5) and (2.7) of this section, but shall not become permanent without compliance with such subsections (2.5) and (2.7). A temporary or emergency Colorado Revised Statutes 2019 Page 75 of 2372 Uncertified Printout rule shall become effective on adoption or on such later date as is stated in the rule, shall be published promptly, and shall have effect for not more than one hundred twenty days after its adoption or for such shorter period as may be specifically provided by the statute governing such agency, unless made permanent by compliance with subsections (3) and (4) of this section. (b) The period of effectiveness provided by this subsection (6) does not apply to temporary or emergency rules adopted by the public utilities commission under section 40-2-108 (2), C.R.S. (7) Any interested person shall have the right to petition for the issuance, amendment, or repeal of a rule. Such petition shall be open to public inspection. Action on such petition shall be within the discretion of the agency; but when an agency undertakes rule-making on any matter, all related petitions for the issuance, amendment, or repeal of rules on such matter shall be considered and acted upon in the same proceeding. (8) (a) No rule shall be issued except within the power delegated to the agency and as authorized by law. A rule shall not be deemed to be within the statutory authority and jurisdiction of any agency merely because such rule is not contrary to the specific provisions of a statute. Any rule or amendment to an existing rule issued by any agency, including state institutions of higher education administered pursuant to title 23, C.R.S., which conflicts with a statute shall be void. (b) On and after July 1, 1967, no rule may be issued nor existing rule amended by any agency unless it is first submitted by the issuing agency to the attorney general for his or her opinion as to its constitutionality and legality. Any rule or amendment to an existing rule issued by any agency without being so submitted to the attorney general is void. (c) (I) Notwithstanding any other provision of law to the contrary and the provisions of section 24-4-107, all rules adopted or amended on or after January 1, 1993, and before November 1, 1993, expire at 11:59 p.m. on May 15 of the year following their adoption unless the general assembly by bill acts to postpone the expiration of a specific rule, and commencing with rules adopted or amended on or after November 1, 1993, all rules adopted or amended during any one-year period that begins each November 1 and continues through the following October 31 expire at 11:59 p.m. on the May 15 that follows such one-year period unless the general assembly by bill acts to postpone the expiration of a specific rule; except that a rule adopted pursuant to section 25.5-4-402.4 (6)(b)(III) expires at 11:59 p.m. on the May 15 following the adoption of the rule unless the general assembly acts by bill to postpone the expiration of a specific rule. The general assembly, in its discretion, may postpone such expiration, in which case, the provisions of section 24-4-108 or 24-34-104 apply and the rules expire or are subject to review as provided in those sections. The postponement of the expiration of a rule does not constitute legislative approval of the rule and is not admissible in any court as evidence of legislative intent. The postponement of the expiration date of a specific rule does not prohibit any action by the general assembly pursuant to the provisions of subsection (8)(d) of this section with respect to the rule. (II) It is the intent of the general assembly that, in the event of a conflict between this paragraph (c) and any other provision of law relating to suspension or extension of rules by joint resolution (whether said provision was adopted prior to or subsequent to this paragraph (c)), this paragraph (c) shall control, notwithstanding the rule of law that a specific provision of law controls over a general provision of law. Colorado Revised Statutes 2019 Page 76 of 2372 Uncertified Printout (d) All rules adopted or amended on or after July 1, 1976, including temporary or emergency rules, shall be submitted by the adopting agency to the office of legislative legal services in the form and manner prescribed by the committee on legal services. Said rules and amendments to existing rules shall be filed by and in such office and shall be first reviewed by the staff of said committee to determine whether said rules and amendments are within the agency's rule-making authority and for later review by the committee on legal services for its opinion as to whether the rules conform with paragraph (a) of this subsection (8). The committee on legal services shall direct the staff of the committee to review the rules submitted by adopting agencies using graduated levels of review based on criteria established by the committee. The criteria developed by the committee shall provide that every rule shall be reviewed as to form and compliance with filing procedures and that, upon request of any member of the committee or any other member of the general assembly, the staff shall provide full legal review of any rule during the time period that such rule is subject to review by the committee. The official certificate of the director of the office of legislative legal services as to the fact of submission or the date of submission of a rule as shown by the records of his office, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. Records regarding the review of rules pursuant to this section shall be retained by the office of legislative legal services in accordance with policies established pursuant to section 2-3-303 (2), C.R.S. Any such rule or amendment to an existing rule issued by any agency without being so submitted within twenty days after the date of the attorney general's opinion rendered thereon to the office of legislative legal services for review by the committee on legal services shall be void. The staff's findings shall be presented to said committee at a public meeting held after timely notice to the public and affected agencies. The committee on legal services shall, on affirmative vote, submit such rules, comments, and proposed legislation at the next regular session of the general assembly. The committee on legal services shall be the committee of reference for any bill introduced pursuant to this paragraph (d). Any member of the general assembly may introduce a bill which rescinds or deletes portions of the rule. Rejection of such a bill does not constitute legislative approval of the rule. Only that portion of any rule specifically disapproved by bill shall no longer be effective, and that portion of the rule which remains after deletion of a portion thereof shall retain its character as an administrative rule. Each agency shall revise its rules to conform with the action taken by the general assembly. A rule which has been allowed to expire by action of the general assembly pursuant to the provisions of paragraph (c) of this subsection (8) because such rule, in the opinion of the general assembly, is not authorized by the state constitution or statute shall not be repromulgated by an agency unless the authority to promulgate such rule has been granted to such agency by a statutory amendment or by the state constitution or by a judicial determination that statutory or constitutional authority exists. Any rule so repromulgated shall be void. Such revision shall be transmitted to the secretary of state for publication pursuant to subsection (11) of this section. Passage of a bill repealing a rule does not result in revival of a predecessor rule. This paragraph (d) and subsection (4.5) of this section do not apply to rules of agency organization or general statements of policy which are not meant to be binding as rules. For the purpose of performing the functions assigned it by this paragraph (d), the committee on legal services, with the approval of the speaker of the house of representatives and the president of the senate, may appoint subcommittees from the membership of the general assembly. Colorado Revised Statutes 2019 Page 77 of 2372 Uncertified Printout (e) For rules adopted on or after November 1, 2013, the staff of the committee on legal services shall identify the rules that were adopted during each applicable one-year period as a result of legislation enacted during any legislative session, regular or special, commencing on or after January 1, 2013. After such rules have been identified, the staff of the committee on legal services shall notify in writing any prime sponsors and cosponsors of the enacted legislation who are still serving in the general assembly, and the current members of the applicable committees of reference in the senate and house of representatives for that enacted legislation that a rule has been adopted as a result of the legislation. Under the direction of the committee on legal services, the staff of the committee on legal services may implement a voluntary system that allows legislators to opt out of receiving notices sent to cosponsors of legislation about the adoption of rules implementing newly enacted legislation. (8.1) (a) An agency shall maintain an official rule-making record for each proposed rule for which a notice of proposed rule-making has been published in the Colorado register. Such rule-making record shall be maintained by the agency until all administrative and judicial review procedures have been completed pursuant to the provisions of this article. The rule-making record shall be available for public inspection. (b) The agency rule-making record shall contain: (I) Copies of all publications in the Colorado register with respect to the rule or the proceeding upon which the rule is based; (II) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based; (III) All written petitions, requests, submissions, and comments received by the agency as of the date of the hearing on the rule and all other written materials, or a listing of such materials, considered by the agency in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, which materials shall be available for public inspection during working hours; (IV) Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations and any memorandum prepared by a presiding official summarizing the contents of those presentations; (V) A copy of any regulatory analysis or cost-benefit analysis prepared for the proceeding upon which the rule was based, if applicable, and any formal statement made to the agency promulgating the rule by the executive director of the department of regulatory agencies regarding such cost-benefit analysis; (VI) A copy of the rule and explanatory statement filed in the office of the secretary of state; (VII) All petitions for exceptions to, amendments of, or repeal or suspension of the rule; (VIII) A copy of any objection to the rule presented to the committee on legal services of the general assembly by its staff pursuant to paragraph (d) of subsection (8) of this section and the agency's response; (IX) A copy of any filed executive order with respect to the rule; and (X) A copy of any information provided to the director pursuant to paragraph (c) of subsection (2.7) of this section and the written notice of compliance from the director. (c) Upon judicial review, the record required by this section constitutes the official rulemaking record with respect to a rule. The agency rule-making record need not constitute the Colorado Revised Statutes 2019 Page 78 of 2372 Uncertified Printout exclusive basis for agency action on that rule or for judicial review thereof; except that, this paragraph (c) shall not be interpreted to allow the introduction of evidence or information into such rule-making record from outside of the public rule-making hearing, or to allow such introduction of evidence or information without notice to all parties to such hearing and opportunity to respond. (d) If an agency includes information required by subparagraph (X) of paragraph (b) of this subsection (8.1) in the rule-making record, the agency shall provide a copy of the portion of the record that includes such information with the executive committee of the legislative council in accordance with the provisions of section 24-1-136 (9). (8.2) (a) A rule adopted on or after September 1, 1988, shall be invalid unless adopted in substantial compliance with the provisions of this section. However, inadvertent failure to mail a notice of proposed rule-making to any person as required by subsection (3) of this section shall not invalidate a rule. (b) An action to contest the validity of a rule on the grounds of its noncompliance with any provision of this section shall be commenced within thirty days after the effective date of the rule. (8.3) (a) On or after August 11, 2010, all new or amended rules or regulations promulgated pursuant to this section that refer to persons with disabilities shall comply with the provisions of section 2-2-802, C.R.S., as applicable to the new or amended rule. (b) Violation of this subsection (8.3) shall not be grounds to invalidate any new or amended rule; however, such rules shall be amended to reflect the provisions of section 2-2-802, C.R.S., in any subsequent revision. (c) Nothing in this subsection (8.3) shall constitute a requirement to change the name of any department, agency, or program of the state. (9) Each agency shall make available to the public and shall deliver to anyone requesting it a copy of any notice of proposed rule-making proceeding in which action has not been completed. Upon request, such copy shall be certified. The agency may make a reasonable charge for supplying any such copy. (10) No rule shall be relied upon or cited against any person unless, if adopted after May 1, 1959, it has been published and, whether adopted before or after said date, it has been made available to the public in accordance with this section. (11) (a) There is hereby established the code of Colorado regulations for the publication of rules of agencies of the executive branch and the Colorado register for the publication of notices of rule-making, proposed rules, attorney general's opinions relating to such rules, and adopted rules. The code and the register shall be the sole official publications for such rules, notices of rule-making, proposed rules, and attorney general's opinions. The code and the register shall contain, where applicable, references to court opinions and recommendations of the legal services committee of the general assembly that relate to or affect such rules and references to any action of the general assembly relating to the extension, expiration, deletion, or rescission of such rules and may contain other items that, in the opinion of the editor, are relevant to such rules. The register may also include other public notices, including annual departmental regulatory agendas submitted by principal departments to the secretary of state pursuant to section 2-7-203, C.R.S.; however, except as specifically permitted by law, the inclusion of such notices in the register shall be in addition to and not in substitution for existing public notice requirements. Colorado Revised Statutes 2019 Page 79 of 2372 Uncertified Printout (b) The secretary of state shall cause to be published in electronic form, and may cause to be published in printed form, at the least cost possible to the state, the code of Colorado regulations and the Colorado register no less often than once each calendar month. In the event of any discrepancy between the electronic and printed form of the code or the register, the electronic form shall prevail unless it is conclusively shown, by reference to the rule-making filings made with the secretary of state pursuant to this section, that the electronic form contains an error in publication. (c) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.) (d) (I) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.) (II) Each rule adopted, together with the attorney general's opinion rendered in connection therewith, shall be filed pursuant to subsection (12) of this section within twenty days after adoption with the secretary of state for publication in the Colorado register. Upon written request of an agency, the secretary of state shall correct typographical and other nonsubstantive errors appearing in the rules as filed by such agency that occur after final adoption of the rules by the agency during the preparation of such rules for publication in order to conform the published rules with the adopted rules. Notices of rule-making proceedings pursuant to subsection (3) of this section shall also be filed with the secretary of state in sufficient time for publication pursuant to subsection (5) of this section in the register. Rules revised to conform with action taken by the general assembly shall be filed with the secretary of state for publication in the register and in the code of Colorado regulations. The legal services committee of the general assembly shall notify the secretary of state whenever a rule published in the code is rescinded or a portion thereof is deleted by the general assembly and whenever a rule or a portion thereof is allowed to expire in accordance with section 24-4-108 or with subparagraph (I) of paragraph (c) of subsection (8) of this section, and the secretary of state shall direct the removal from the code of material so deleted, rescinded, or allowed to expire. (e) The secretary of state shall establish and maintain an accurate docket system for recording the time and date of the filing of each document, the agency filing the same, and the title or description of such document required to be filed for publication under the provisions of this section, which docket system shall be cross-indexed as to such time, date, agency, and title or description. (f) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.) (g) Publication of notices and other required information related to proposed and adopted rules shall be by electronic publication. (h) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.) (i) (I) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.) (II) The Colorado register shall contain only such notices, proposed rules, adopted rules, opinions, and other relevant information and materials as are filed pursuant to law with the secretary of state. (III) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.) Colorado Revised Statutes 2019 Page 80 of 2372 Uncertified Printout (j) Repealed. (k) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.) (l) (I) An agency may request the secretary of state to correct a statutory citation contained in a rule, including a form incorporated into a rule, as published in the code of Colorado regulations if: (A) The general assembly has relocated the statute in a manner that renders the rule's citation to the statute inaccurate; and (B) The agency submits to the secretary a written determination by the attorney general that finds that the condition specified in subsection (11)(l)(I)(A) of this section applies, specifies what the correct citation is, and identifies each citation that should be corrected. (II) Upon receipt of a request that complies with subsection (11)(l)(I) of this section, the secretary of state shall correct in the code of Colorado regulations each statutory citation listed in the determination specified in subsection (11)(l)(I)(B) of this section. (III) A statutory citation correction authorized by this subsection (11)(l) is not rulemaking and need not comply with any requirements of this section other than those specified in this subsection (11)(l). (m) Repealed. (12) All rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, shall be filed in the office of the secretary of state. The secretary of state shall require that all rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, be filed in an electronic format that complies with any requirements established pursuant to sections 24-37.5106 and 24-71.3-118. (12.5) (a) A rule may incorporate by reference all or any part of a code, standard, guideline, or rule that has been adopted by an agency of the United States, this state, or another state, or adopted or published by a nationally recognized organization or association, if: (I) Repeating verbatim the text of the code, standard, guideline, or rule in the rule would be unduly cumbersome, expensive, or otherwise inexpedient; (II) The reference fully identifies the incorporated code, standard, guideline, or rule by citation and date, identifies the address of the agency where the code, standard, guideline, or rule is available for public inspection, and states that the rule does not include any later amendments or editions of the code, standard, guideline, or rule; (III) The code, standard, guideline, or rule is readily available to the public in written or electronic form; (IV) The rule states where copies of the code, standard, guideline, or rule are available for a reasonable charge from the agency adopting the rule and where copies are available from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule; and (V) The agency maintains a copy of the code, standard, guideline, or rule readily available for public inspection at the agency office during regular business hours. (b) The agency shall provide certified copies of the material incorporated at cost upon request or shall provide the requester with information on how to obtain a certified copy of the Colorado Revised Statutes 2019 Page 81 of 2372 Uncertified Printout material incorporated by reference from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule. (c) If any agency incorporates or proposes to incorporate any material by reference in a rule and the version or edition of the material to be incorporated has not previously been provided to the state publications depository and distribution center, and if the rule or proposed rule does not identify where the incorporated material is available to the public on the internet at no cost, then the agency shall provide one copy of the material in either paper or electronic format to the state publications depository and distribution center. The state librarian shall retain the copy of the material and shall make the copy available to the public. (13) Any agency conducting a hearing shall have authority on its own motion or upon the motion of any interested person for good cause shown to: Administer oaths and affirmations; sign and issue subpoenas; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of appropriate documents; take depositions or have depositions taken; issue appropriate orders which shall control the subsequent course of the proceedings; and take any other action authorized by agency rule consistent with this article. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform the functions of this subsection (13) and subsection (14) of this section as can best be performed by one person only, and thereafter such person only shall perform those functions which are assigned to him by the several persons conducting such hearing. (14) Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary or chief administrative officer thereof, or, with respect to any hearing for which a hearing officer or an administrative law judge has been appointed, the hearing officer or administrative law judge. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court. A witness shall be entitled to the fees and mileage provided for a witness in sections 13-33-102 and 13-33-103, C.R.S. Source: L. 59: p. 159, § 2. CRS 53: § 3-16-2. C.R.S. 1963: §3-16-2. L. 67: p. 300, § 2. L. 69: p. 82, §§ 2, 3. L. 76: (1) and (8)(a) amended and (8)(d) added, p. 582, § 15, effective May 24. L. 77: (8)(d) amended, p. 1134, § 2, effective May 31; (13) and (14) added, p. 1144, § 1, effective June 3; (4) amended, p. 1136, § 1, effective June 19; (4) amended and (11) R&RE, p. 1138, §§ 1, 2, effective June 19; (8)(d) amended, p. 1141, § 1, effective (see editor's note). L. 78: (12) amended, p. 390, § 1, March 30. L. 79: (5) amended, p. 842, § 2, effective May 22; (8)(d) and (11)(d) amended, p. 849, § 1, effective May 25; (8)(c) R&RE and (8)(d) amended, p. 845, §§ 1, 2, effective June 29. L. 81: (9) and (11) amended, (11)(k) added, and (11)(j) repealed, pp. 1129, 1130, §§ 1, 2; (12.5) added, p. 1131, § 1, effective July 1; (12) and (13) amended, p. 1133, § 2, effective July 1. L. 82: (11)(a) and (11)(d) amended, p. 360, § 1, effective March 11. L. 84: (4) amended, p. 649, § 1, effective July 1. L. 87: (11)(k) amended, p. 915, § 1, effective July 1; (8)(c)(I) and (8)(d) amended, p. 919, § 2, effective July 3; (14) amended, p. 961, § 65, effective Colorado Revised Statutes 2019 Page 82 of 2372 Uncertified Printout March 13. L. 88: (8)(d) amended, p. 311, § 19, effective May 23; (3), (6), and (8)(d) amended, (4) R&RE, and (4.5), (8.1), and (8.2) added, pp. 884, 886, 887, §§ 1, 2, 3, effective May 17. L. 89: (4.5)(f) added and (8.1)(b)(V) amended, pp. 1502, 1503, §§ 10, 11, effective July 1, 1990. L. 91: (1) amended, p. 807, § 3, effective June 5. L. 93: (3)(b), (6), (8.1)(c), (8.2)(b), and (11)(d) amended, p. 1325, § 2, effective June 6; (8)(d) amended, p. 2109, § 12, effective June 9; (8)(c)(I) amended, p. 496, § 1, effective July 1. L. 94: (1.5) added and (3)(a) and (12.5) amended, p. 2587, § 1, effective July 1. L. 95: (6) amended, p. 232, § 2, effective April 17. L. 98: (4)(a.5) added, p. 721, § 1, effective May 18. L. 2000: (1) amended, p. 1861, § 73, effective August 2. L. 2001: (8)(d) amended, p. 318, § 2, effective April 12; (4)(a.5) amended, p. 1076, § 5, effective August 8; (12) amended, p. 38, § 2, effective August 8. L. 2002: (3)(b), (9), (11)(b), (11)(d), (11)(f), (11)(g), (11)(h), (11)(i), (11)(k), and (12) amended, p. 436, § 2, effective May 14. L. 2003: (11)(b) and (11)(d)(I) amended, p. 2048, § 1, effective May 22; (2.5) added and (6), (8.1)(b)(V), and (11)(b) amended, p. 2370, § 3, effective August 6. L. 2005: (12) amended, p. 768, § 36, effective June 1. L. 2006: IP(2.5)(a) and (2.5)(f)(I) amended, p. 202, § 1, effective March 31; (12) amended, p. 1735, § 20, effective June 6. L. 2007: (12) amended, p. 910, § 2, effective May 17. L. 2009: (8)(c)(I) amended, (HB 09-1293), ch. 152, p. 651, § 9, effective July 1. L. 2010: (3)(a), (8.1)(a), and (12.5) amended, (HB 10-1235), ch. 76, p. 258, § 1, effective April 5; (6) amended, (HB 10-1346), ch. 137, p. 460, § 1, effective April 15; (11) and (12) amended, (SB 10-123), ch. 104, p. 350, § 1, effective April 15; (8.3) added, (HB 10-1137), ch. 93, p. 320, § 2, effective August 11. L. 2012: (2), (3), and (11)(a) amended, (HB 12-1008), ch. 182, pp. 691, 694, §§ 2, 5, effective May 17; (2.7), (8.1)(b)(X), and (8.1)(d) added and (6)(a), (8.1)(b)(VIII), and (8.1)(b)(IX) amended, ch. 199, p. 797, § 1, effective August 8. L. 2013: IP(2.5)(a) amended and (8)(e) added, (SB 13-030), ch. 110, p. 379, § 1, effective April 8; IP(2.5)(a) and (2.5)(f) amended, (SB 13-158), ch. 283, p. 1490, § 1, effective July 1; IP(2.7)(c)(I) amended and (2.7)(g) added, (HB 13-1219), ch. 104, p. 366, § 20, effective August 7. L. 2015: (8)(e) amended, (SB 15-047), ch. 71, p. 190, § 1, effective August 5. L. 2016: (8)(b) amended, (HB 16-1094), ch. 94, p. 267, § 12, effective August 10. L. 2017: (11)(l) added, (HB 17-1006), ch. 31, p. 88, § 2, effective March 16; (11)(m) added, (SB 17-242), ch. 263, p. 1321, § 177, effective May 25; (8)(c)(I) amended, (SB 17-267), ch. 267, p. 1440, § 7, effective July 1. L. 2018: (2.5)(f) repealed and (2.5)(g) added, (HB 18-1237), ch. 165, p. 1137, § 2, effective August 8. Editor's note: (1) House Bill 77-1646, which amended subsection (8)(d), was delivered to the governor on June 20, 1977. The general assembly adjourned sine die on June 22, 1977. The governor disapproved House Bill 77-1646 on July 15, 1977, but the bill was not filed with the secretary of state until July 27, 1977, and the governor's letter stating objections to the bill was not filed with the secretary of state until August 2, 1977. Because House Bill 77-1646 and the governor's objections to it were not filed with the secretary of state within thirty days after adjournment of the general assembly, House Bill 77-1646 became a law pursuant to the provisions of § 11 of article IV of the Colorado Constitution. (2) Amendments to subsection (4) by House Bill 77-1419 and House Bill 77-1623 were harmonized. (3) Amendments to subsection (8)(d) by House Bill 79-1393 and House Bill 79-1063 were harmonized. Colorado Revised Statutes 2019 Page 83 of 2372 Uncertified Printout (4) Amendments to subsection (11)(b) by Senate Bill 03-121 and House Bill 03-1350 were harmonized. (5) Amendments to the introductory portion to subsection (2.5)(a) by Senate Bill 13-030 and Senate Bill 13-158 were harmonized. (6) Section 34 of chapter 267 (SB 17-267), Session Laws of Colorado 2017, provides that the section of the act amending this section does not take effect if the centers for medicare and medicaid services determine that the amendments do not comply with federal law. For more information, see SB 17-267. (L. 2017, p. 1447.) The executive director of the department of health care policy and financing did not notify the revisor of statutes by June 1, 2017, of such determination; therefore, amendments to this section took effect July 1, 2017. (7) Subsection (11)(m)(II) provided for the repeal of subsection (11)(m), effective July 1, 2018. (See L. 2017, p. 1321.) Cross references: (1) For the general authority of department heads to adopt rules and regulations, see § 24-2-105. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017. 24-4-103.3. Mandatory review of rules by agencies - report on results of review in departmental regulatory agendas. (1) The department of regulatory agencies shall establish a schedule, in consultation with each principal department, for the review of all of the rules for each principal department. Each principal department shall conduct a review of all of its rules to assess the continuing need for and the appropriateness and cost-effectiveness of its rules to determine if they should be continued in their current form, modified, or repealed. The applicable rule-making agency or official in the principal department shall consider the following: (a) Whether the rule is necessary; (b) Whether the rule overlaps or duplicates other rules of the agency or with other federal, state, or local government rules; (c) Whether the rule is written in plain language and is easy to understand; (d) Whether the rule has achieved the desired intent and whether more or less regulation is necessary; (e) Whether the rule can be amended to give more flexibility, reduce regulatory burdens, or reduce unnecessary paperwork or steps while maintaining its benefits; (f) Whether the rule is implemented in an efficient and effective manner, including the requirements for the issuance of permits and licenses; (g) Whether a cost-benefit analysis was performed by the applicable rule-making agency or official in the principal department pursuant to section 24-4-103 (2.5); and (h) Whether the rule is adequate for the protection of the safety, health, and welfare of the state or its residents. (2) Each rule-making agency or official shall provide public notice on the agency's official website of its review of the rules, give the public an appropriate opportunity to provide input, and notify other state agencies that may have jurisdiction over the subject matter of the rules to allow for collaboration and input. Based on this review, the rule-making agency or Colorado Revised Statutes 2019 Page 84 of 2372 Uncertified Printout official shall determine whether the existing rules should be continued in their current form, amended, or repealed. If the rule-making agency or official decides that a rule should be amended or repealed, the rule-making agency or official shall comply with the notice and hearing requirements of section 24-4-103. (3) The department of regulatory agencies shall not schedule mandatory review under this section during the year of and during the year following any scheduled sunset review conducted by the department of regulatory agencies pursuant to section 24-34-104. (4) Each principal department shall include a report on the results of its mandatory review of rules as part of its departmental regulatory agenda that it submits to the staff of the legislative council for distribution to the applicable committee of reference of the general assembly as outlined in section 2-7-203, C.R.S. Source: L. 2014: Entire section added, (SB 14-063), ch. 69, p. 296, § 1, effective March 27. 24-4-103.5. Rule-making affecting small business - procedure. (Repealed) Source: L. 82: p. 362, § 1. L. 87: (1) amended, p. 1010, § 1, effective April 16. L. 97: Entire section repealed, p. 525, § 6, effective July 1. 24-4-104. Licenses - issuance, suspension or revocation, renewal. (1) In any case in which application is made for a license required by law, the agency, with due regard for the rights and privileges of all interested persons, shall set and conduct the proceedings in accordance with this article unless otherwise required by law. (2) Every agency decision respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license shall be based solely upon the stated criteria, terms, and purposes of the statute, or regulations promulgated thereunder, and case law interpreting such statutes and regulations pursuant to which the license is issued or required. Terms, conditions, or requirements limiting any license shall be valid only if reasonably necessary to effectuate the purposes, scope, or stated terms of the statute pursuant to which the license is issued or required. (3) (a) No revocation, suspension, annulment, limitation, or modification of a license by any agency shall be lawful unless, before institution of agency proceedings therefor, the agency has given the licensee notice in writing of objective facts or conduct established upon a full investigation that may warrant such action and afforded the licensee opportunity to submit written data, views, and arguments with respect to the facts or conduct and, except in cases of deliberate and willful violation or of substantial danger to public health and safety, given the licensee a reasonable opportunity to comply with all lawful requirements. For purposes of this subsection (3), "full investigation" means a reasonable ascertainment of the underlying facts on which the agency action is based. (b) The full investigation requirement specified in subsection (3)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42. (4) (a) Where the agency has objective and reasonable grounds to believe and finds, upon a full investigation, that the licensee has been guilty of deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates Colorado Revised Statutes 2019 Page 85 of 2372 Uncertified Printout the findings in its order, it may summarily suspend the license pending proceedings for suspension or revocation which shall be promptly instituted and determined. For purposes of this subsection (4), "full investigation" means a reasonable ascertainment of the underlying facts on which the agency action is based. (b) The full investigation requirement specified in subsection (4)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42. (5) A proceeding for the revocation, suspension, annulment, limitation, or modification of a previously issued license shall be commenced by the agency upon its own motion or by the filing with the agency of a written complaint, signed and sworn to by the complainant, stating the name of the licensee complained against and the grounds for the requested action. (6) Except as provided in subsection (4) of this section, an agency shall not revoke, suspend, annul, limit, or modify a previously issued license until after holding a hearing as provided in section 24-4-105. (7) In any case in which the licensee has made timely and sufficient application for the renewal of a license or for a new license for the conduct of a previously licensed activity of a continuing nature, the existing license shall not expire until such application has been finally acted upon by the agency, and, if the application is denied, it shall be treated in all respects as a denial. The licensee, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106. (8) An application for a license shall be acted upon promptly, and, immediately after the taking of action on such application by an agency, a written notice of the action taken by the agency and, if the application is denied, the grounds therefor shall be given to the applicant. The giving of such notice shall be by personal service upon the applicant or by mailing the same to the address of the applicant as shown on the application or as subsequently furnished in writing by the applicant to the agency. (9) If an application for a new license is denied without a hearing, the applicant, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106. (10) Written notice of the revocation, suspension, annulment, limitation, or modification of a license and the grounds therefor shall be served forthwith on the licensee personally or by mailing by first-class mail to the last address furnished the agency by the licensee. (11) A limitation, unless consented to by the applicant, on a license applied for shall be treated as a denial. A modification, unless consented to by the licensee, of a license already issued shall be treated as a revocation. (12) In an appropriate case a revoked or suspended license may be reissued. (13) (a) Any applicant who, under oath, supplies false information to an agency in an application for a license commits perjury in the second degree, as defined in section 18-8-503, C.R.S. Any such application shall bear notice, in accordance with section 18-8-501 (2)(a)(I), C.R.S., that false statements made therein are punishable. (b) On and after January 1, 1985, an agency shall not require that information contained in an application for a license be affirmed to before a notary. Colorado Revised Statutes 2019 Page 86 of 2372 Uncertified Printout Source: L. 59: p. 161, § 3. CRS 53: § 3-16-3. C.R.S. 1963: § 3-16-3. L. 69: p. 84, § 4. L. 81: (2) amended, p. 1141, §1, effective April 16. L. 83: (13) added, p. 521, § 4, effective March 15. L. 93: (3) and (7) amended, p. 1327, § 3, effective June 6. L. 2006: (3) and (4) amended, p. 838, § 1, effective August 7. L. 2007: (3)(b) and (4)(b) amended, p. 2033, § 48, effective June 1. L. 2018: (3)(b) and (4)(b) amended, (HB 18-1375), ch. 274, p. 1705, § 34, effective May 29; (6) amended, (HB 18-1224), ch. 288, p. 1780, § 1, effective May 29. 24-4-104.5. Permits - rules in effect at time of submission of application for a permit control. (1) For purposes of this section, unless the context otherwise requires, "permit" means a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. "Permit" does not include a professional license issued by a licensing board or an agency to conduct a profession or occupation. "Permit" does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. "Permit" does not include a water well permit issued by the state engineer pursuant to title 37, C.R.S. (2) (a) The rules and any written statements of agency interpretation of the statutes of an agency that are in effect on the date that a person applies for issuance or renewal of a permit govern the application process and any permit eligibility requirement. If the rules or any written statements of agency interpretation of the statutes governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency shall process the application under the rules and any written statements of agency interpretation of the statutes in effect on the date of the application, unless the agency determines in writing that: (I) (A) The new rules materially affect the health and safety of the public; and (B) Use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with the new rules; or (II) New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or (III) New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or (IV) New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order. (b) If the agency determines that one of the exceptions to the requirements of paragraph (a) of this subsection (2) will occur if the applicant does not comply with the new rules or new requirements, the agency shall: (I) Treat the application as pending; (II) Provide a written notice to the applicant stating the reasons the application is incomplete; and (III) Give the applicant a reasonable opportunity to comply with the new rules or new requirements. (3) If an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules. Colorado Revised Statutes 2019 Page 87 of 2372 Uncertified Printout Source: L. 2012: Entire section added, (HB 12-1002), ch. 249, p. 1241, § 2, effective August 8. Cross references: In 2012, this section was added by the "Creating Level Expectations for Application Review Act" or the "CLEAR Act". For the short title, see section 1 of chapter 249, Session Laws of Colorado 2012. 24-4-104.6. Analysis of noncompliance with department rules - definition legislative declaration. (1) (a) The general assembly hereby finds and declares that this section codifies existing practice, that each agency already knows about and tracks the rule issues described in subsection (2)(a) of this section, and that much of this work is currently completed in the normal course of an agency's business. (b) The general assembly further finds and declares that it is not the general assembly's intent for an agency to increase its existing rule compliance monitoring. (2) (a) Each agency shall conduct, within existing resources, an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and those factors that contribute to noncompliance with rules by regulated businesses. The analysis will guide each department on how to improve its education and outreach to regulated businesses on compliance with the department's rules. The agency shall consider and review: (I) Whether the rule is unclear and should be rewritten; (II) Whether more education or training of the regulated businesses would be likely to achieve better compliance with the rule; and (III) The enforcement level and any appropriate fines for noncompliance with the department's rules. (b) Any principal department that conducts an analysis of noncompliance with rules adopted by agencies within its department pursuant to subsection (2)(a) of this section shall forward that analysis to the department of regulatory agencies, which shall compile and summarize those analyses into one combined analysis of noncompliance with rules. The department of regulatory agencies shall include the compiled analysis in its departmental presentation to its oversight legislative committee of reference made pursuant to section 2-7-203 of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". Source: L. 2018: Entire section added, (HB 18-1250), ch. 195, p. 1286, § 1, effective August 8. 24-4-105. Hearings and determinations - repeal. (1) In order to assure that all parties to any agency adjudicatory proceeding are accorded due process of law, the provisions of this section shall be applicable. (2) (a) In any such proceeding in which an opportunity for agency adjudicatory hearing is required under the state constitution or by this or any other statute, the parties are entitled to a hearing and decision in conformity with this section. Any person entitled to notice of a hearing shall be given timely notice of the time, place, and nature thereof, the legal authority and Colorado Revised Statutes 2019 Page 88 of 2372 Uncertified Printout jurisdiction under which it is to be held, and the matters of fact and law asserted. Unless otherwise provided by law, such notice shall be served personally or by mailing by first-class mail to the last address furnished the agency by the person to be notified at least thirty days prior to the hearing. In fixing the time and place for a hearing, due regard shall be had for the convenience and necessity of the parties and their representatives. (b) Any person given such notice shall file a written answer thirty days after the service or mailing of such notice. If such person fails to answer, any agency, administrative law judge, or hearing officer, upon motion, may enter a default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry. (c) A person who may be affected or aggrieved by agency action shall be admitted as a party to the proceeding upon his filing with the agency a written request therefor, setting forth a brief and plain statement of the facts which entitle him to be admitted and the matters which he claims should be decided. Nothing in this subsection (2) shall prevent an agency from admitting any person or agency as a party to any agency proceeding for limited purposes. (3) At a hearing only one of the following may preside: The agency, an administrative law judge from the office of administrative courts, or, if otherwise authorized by law, a hearing officer who if authorized by law may be a member of the body which comprises the agency. Upon the filing in good faith by a party of a timely and sufficient affidavit of personal bias of an administrative law judge or a hearing officer or a member of the agency or the agency, the administrative law judge, hearing officer, or agency shall forthwith rule upon the allegations in such affidavit as part of the record in the case. An administrative law judge or a hearing officer may at any time withdraw if he or she deems himself or herself disqualified or for any other good reason in which case another administrative law judge or hearing officer may be assigned to continue the case, and he or she shall do so in such manner that no substantial prejudice to any party results therefrom. An agency or a member of an agency may withdraw for any like reason and in like manner, unless his or her withdrawal makes it impossible for the agency to render a decision. (4) (a) Any agency conducting a hearing, any administrative law judge, and any hearing officer shall have authority to: Administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof and receive evidence; dispose of motions relating to the discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of briefs and other documents; direct the parties to appear and confer to consider the simplification of the issues, admissions of fact or of documents to avoid unnecessary proof, and limitation of the number of expert witnesses; issue appropriate orders that shall control the subsequent course of the proceedings; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to dismiss without prejudice applications and other pleadings; dispose of motions to intervene, procedural requests, or similar matters; reprimand or exclude from the hearing any person for any improper or indecorous conduct in his or her presence; award attorney fees for abuses of discovery procedures or as otherwise provided under the Colorado rules of civil procedure; and take any other action authorized by agency rule consistent with this article 4 or in accordance, to the extent practicable, with the procedure in the district courts. All parties to the proceeding shall also have the right to cross-examine witnesses who testify at the proceeding. In the event more than one person engages in the conduct of a hearing, such persons shall designate Colorado Revised Statutes 2019 Page 89 of 2372 Uncertified Printout one of their number to perform such of the above functions as can best be performed by one person only, and thereafter such person only shall perform those functions that are assigned to him or her by the several persons conducting such hearing. (b) (I) (A) The general assembly hereby finds that the mediation process generally saves the state and the licensee time and money. Mediation takes much less time than moving a case through agency proceedings and judicial review. These cases typically take months or years to resolve, but mediation typically achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. This benefits both the agency and the licensee, and because the result is attained by the parties working together, compliance with the mediated agreement is usually high. This further reduces costs because agencies do not have to pay an attorney or investigators to force compliance. (B) The general assembly hereby declares that, in order to save time and money, the policy of Colorado is to use mediation whenever appropriate to settle disputes between agencies and licensees. (II) Upon petition of the agency or licensee after the licensee has received the notice of hearing under subsection (2)(a) of this section, the hearing officer or administrative law judge shall order mediation between the agency and the licensee unless the license was summarily suspended in accordance with section 24-4-104 (4). When mediation is ordered, the agency shall: (A) Assign a person with authority to make prehearing decisions concerning disposition of the matter to be present during meetings related to settlement communications or mediation communications and to be included in any material settlement communications with the licensee or the licensee's representative over the matter; and (B) Upon the licensee's request, allow a private or public mediator chosen by the licensee to be present during meetings related to mediation and to be included in any material settlement communications with the licensee or the licensee's representative over the matter. If the mediator is privately retained, the licensee must pay the mediator's reasonable fees, and the agency need not pay the privately retained mediator's fees. (III) To the extent feasible, for the purpose of carrying out this subsection (4): (A) Administrative law judges shall make themselves available as public mediators without cost to the licensee; (B) The members of any governing body that regulates the licensee shall make a member or other person available for mediation as a person with authority to make prehearing decisions concerning disposition of the matter. (IV) If an agency fails to comply with an order of mediation, a licensee adversely affected by the failure may petition the administrative law judge or hearing officer to suspend the proceedings and require compliance with the order, to be completed in good faith as soon as practicable, under the administrative law judge's or the hearing officer's supervision. (V) If mediation fails, the agency shall notify the administrative law judge or the hearing officer, and the administrative law judge or the hearing officer shall lift the suspension and proceed with the hearing. (VI) When determining the place to hold the mediation, the agency shall give due consideration to the location of the licensee's occupation or residence, the availability of an administrative law judge to mediate, and the availability of a member of the governing body that Colorado Revised Statutes 2019 Page 90 of 2372 Uncertified Printout regulates the licensee to be a person with authority to make prehearing decisions concerning disposition of the matter. (VII) This subsection (4)(b) applies only to agency proceedings that concern an individual who is licensed to practice an occupation or profession; except that this subsection (4)(b) does not apply to a commercial driver's license issued under part 4 of article 2 of title 42. (VIII) This subsection (4)(b) does not apply if a license has been summarily suspended because the agency finds, in accordance with section 24-4-104 (4), that the licensee is guilty of a deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in the agency's order. Nothing in this subsection (4)(b) prohibits an agency and licensee from voluntarily agreeing to a mediation following a summary suspension. (IX) By January 1, 2022, the office of administrative courts and the division of professions and occupations in the department of regulatory agencies shall issue a joint report to the judiciary committee and the state, veterans, and military affairs committee of the house of representatives and the judiciary committee and the state, veterans, and military affairs committee of the senate or their successor committees. This subsection (4)(b)(IX) is repealed, effective July 1, 2022. The report must contain the following: (A) The number of hearings affecting licenses held between July 1, 2016, and July 1, 2018; (B) The number of hearings affecting licenses held between July 1, 2019, and July 1, 2021; (C) The number of mediations held between July 1, 2016, and July 1, 2018; (D) The number of mediations held between July 1, 2019, and July 1, 2021; (E) The number of proceedings in which the licensee and agency agreed to settle the proceedings between July 1, 2016, and July 1, 2018; and (F) The number of proceedings in which the licensee and agency agreed to settle the proceedings between July 1, 2019, and July 1, 2021. (5) Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary, or chief administrative officer thereof or, with respect to any hearing for which an administrative law judge or a hearing officer has been appointed, the administrative law judge or the hearing officer. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena; in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court and may award attorney fees under the Colorado rules of civil procedure. A witness shall be entitled to the fees and mileage provided for a witness in a court of record. (6) No person engaged in conducting a hearing or participating in a decision or an initial decision shall be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigatory or prosecuting functions for the agency. Colorado Revised Statutes 2019 Page 91 of 2372 Uncertified Printout (7) Except as otherwise provided by statute, the proponent of an order shall have the burden of proof, and every party to the proceeding shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, a person conducting a hearing may receive all or part of the evidence in written form. The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceeding, the person so conducting the hearing may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The person conducting a hearing shall give effect to the rules of privilege recognized by law. He may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available; but, upon request, the party shall be given an opportunity to compare the copy with the original. An agency may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it. (8) An agency may take notice of general, technical, or scientific facts within its knowledge, but only if the fact so noticed is specified in the record or is brought to the attention of the parties before final decision and every party is afforded an opportunity to controvert the fact so noticed. (9) (a) Any party, or the agent, servant, or employee of any party, permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear on their own behalf. An attorney who is a witness may not act as counsel for the party calling the attorney as a witness. Any party, upon payment of a reasonable charge therefor, shall be entitled to procure a copy of the transcript of the record or any part thereof. Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of such person's own choosing and, upon payment of a reasonable charge therefor, to procure a copy of the transcript of such person's testimony if it is recorded. (b) (I) Except as provided in subparagraph (III) of this paragraph (b), no attorney shall submit a document concerning an adjudicatory proceeding after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document. (II) (A) Any state agency that adopts policies, procedures, rules, or regulations for the purpose of implementing the provisions of this section shall ensure that the conduct of state business is not impeded and that no person is denied access to the services or programs of a state agency as a result of such implementation. (B) No document shall be refused by a state agency solely because it was not submitted on recycled paper. (III) Nothing in this section shall be construed to apply to: (A) Photographs; (B) An original document that was prepared or printed prior to January 1, 1994; Colorado Revised Statutes 2019 Page 92 of 2372 Uncertified Printout (C) A document that was not created at the direction or under the control of the submitting attorney; (D) Facsimile copies concerning an adjudicatory proceeding otherwise permitted to be filed in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section; (E) Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior to January 1, 1994. (IV) The provisions of this section shall not be applicable if recycled paper is not readily available. (V) For purposes of this paragraph (b), unless the context otherwise requires: (A) "Attorney" means an attorney-at-law admitted to practice law before any court of record in this state. (B) "Document" means any pleading or any other paper submitted as an appendix to such pleading by an attorney, which document is required or permitted to be filed with a state agency concerning any action to be commenced or which is pending before such agency. (C) "Recycled paper" means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste. (10) Every agency shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order. Prompt notice shall be given of the refusal to accept for filing or the denial in whole or in part of any written application or other request made in connection with any agency proceeding or action, with a statement of the grounds therefor. Upon application made to any court of competent jurisdiction by a party to any agency proceeding or by a person adversely affected by agency action and a showing to the court that there has been undue delay in connection with such proceeding or action, the court may direct the agency to decide the matter promptly. (11) Every agency shall provide by rule for the entertaining, in its sound discretion, and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability to the petitioners of any statutory provision or of any rule or order of the agency. The order disposing of the petition shall constitute agency action subject to judicial review. (12) Nothing in this article shall affect statutory powers of an agency to issue an emergency order where the agency finds and states of record the reasons for so finding that immediate issuance of the order is imperatively necessary for the preservation of public health, safety, or welfare and observance of the requirements of this section would be contrary to the public interest. Any person against whom an emergency order is issued, who would otherwise be entitled to a hearing pursuant to this section, shall be entitled upon request to an immediate hearing in accordance with this article, in which proceeding the agency shall be deemed the proponent of the order. (13) The administrative law judge or the hearing officer shall cause the proceedings to be recorded by a reporter or by an electronic recording device. When required, the administrative law judge or the hearing officer shall cause the proceedings, or any portion thereof, to be transcribed, the cost thereof to be paid by the agency when it orders the transcription or by any party seeking to reverse or modify an initial decision of the administrative law judge or the Colorado Revised Statutes 2019 Page 93 of 2372 Uncertified Printout hearing officer. If the agency acquires a copy of the transcription of the proceedings, its copy of the transcription shall be made available to any party at reasonable times for inspection and study. (14) (a) For the purpose of a decision by an agency that conducts a hearing or an initial decision by an administrative law judge or a hearing officer, the record must include: All pleadings, applications, evidence, exhibits, and other papers presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed. The agency, administrative law judge, or hearing officer may permit oral argument. The agency, the administrative law judge, or the hearing officer shall not receive or consider ex parte material or representation of any kind offered without notice. The agency, an administrative law judge, or hearing officer, with the consent of all parties, may eliminate or summarize any part of the record where this may be done without affecting the decision. In any case in which the agency has conducted the hearing, the agency shall prepare, file, and serve upon each party its decision. In any case in which an administrative law judge or a hearing officer has conducted the hearing, the administrative law judge or the hearing officer shall prepare and file an initial decision that the agency shall serve upon each party, except where all parties with the consent of the agency have expressly waived their right to have an initial decision rendered by such administrative law judge or hearing officer. Each decision and initial decision must include a statement of findings and conclusions upon all the material issues of fact, law, or discretion presented by the record and the appropriate order, sanction, relief, or denial. An appeal to the agency must be made as follows: (I) With regard to initial decisions regarding agency action by the department of health care policy and financing, the state department of human services, or county department of human or social services, or any contractor acting for any such department, under section 26-1106 (1)(a) or 25.5-1-107 (1)(a), by filing exceptions within fifteen days after service of the initial decision upon the parties, unless extended by the department of health care policy and financing, or the state department of human services, as applicable, or unless a review has been initiated in accordance with this subsection (14)(a)(I) upon motion of the applicable department within fifteen days after service of the initial decision. In the event a party fails to file an exception within fifteen days, the applicable department may allow, upon a showing of good cause by the party, for an extension of up to an additional fifteen days to reconsider the final agency action. (II) With regard to initial decisions regarding agency action of any other agency, by filing exceptions within thirty days after service of the initial decision upon the parties, unless extended by the agency or unless review has been initiated upon motion of the agency within thirty days after service of the initial decision. (b) (I) In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the department of health care policy and financing shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the medical services board pursuant to section 25.5-1107 (1), C.R.S. (II) In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the state department of human services shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the state board of human services pursuant to section 26-1-106 (1), C.R.S. Colorado Revised Statutes 2019 Page 94 of 2372 Uncertified Printout (III) In the absence of an exception filed pursuant to subparagraph (II) of paragraph (a) of this subsection (14), the initial decision of any other agency shall become the decision of the agency, and, in such case, the evidence taken by the administrative law judge or the hearing officer need not be transcribed. (c) Failure to file the exceptions prescribed in this subsection (14) shall result in a waiver of the right to judicial review of the final order of such agency, unless that portion of such order subject to exception is different from the content of the initial decision. (15) (a) Any party who seeks to reverse or modify the initial decision of the administrative law judge or the hearing officer shall file with the agency, within twenty days following such decision, a designation of the relevant parts of the record described in subsection (14) of this section and of the parts of the transcript of the proceedings which shall be prepared and advance the cost therefor. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party or the agency may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefor. The transcript or the parts thereof which may be designated by the parties or the agency shall be prepared by the reporter or, in the case of an electronic recording device, the agency and shall thereafter be filed with the agency. No transcription is required if the agency's review is limited to a pure question of law. The agency may permit oral argument. The grounds of the decision shall be within the scope of the issues presented on the record. The record shall include all matters constituting the record upon which the decision of the administrative law judge or the hearing officer was based, the rulings upon the proposed findings and conclusions, the initial decision of the administrative law judge or the hearing officer, and any other exceptions and briefs filed. (b) The findings of evidentiary fact, as distinguished from ultimate conclusions of fact, made by the administrative law judge or the hearing officer shall not be set aside by the agency on review of the initial decision unless such findings of evidentiary fact are contrary to the weight of the evidence. The agency may remand the case to the administrative law judge or the hearing officer for such further proceedings as it may direct, or it may affirm, set aside, or modify the order or any sanction or relief entered therein, in conformity with the facts and the law. (16) (a) Each decision and initial decision shall be served on each party by personal service or by mailing by first-class mail to the last address furnished the agency by such party and, except as provided in paragraph (b) of this subsection (16), shall be effective as to such party on the date mailed or such later date as is stated in the decision. (b) Upon application by a party, and prior to the expiration of the time allowed for commencing an action for judicial review, the agency may change the effective date of a decision or initial decision. Source: L. 59: p. 162, § 4. CRS 53: § 3-16-4. L. 61: p. 138, § 1. C.R.S. 1963: § 3-16-4. L. 69: p. 85, § 5. L. 76: (13) and (14) amended and (15) R&RE, pp. 583, 584, §§ 16, 17, effective May 24. L. 77: (14) amended, pp. 1137, 1145, §§ 2, 2, effective June 19. L. 81: (4) amended, p. 1134, § 3, effective June 6. L. 87: (3), (4), (5), (13), (14), and (15) amended, p. 961, § 66, effective March 13. L. 93: (14) amended, p. 426, § 3, effective April 19; (2), (4), (5), (14), (15)(a), and (16) amended, p. 1327, § 4, effective June 6; (9) amended, p. 624, § 3, effective July 1; (9)(b)(V)(B) amended, p. 1798, § 107, effective July 1. L. 94: (14)(a)(I) and (14)(b) amended, Colorado Revised Statutes 2019 Page 95 of 2372 Uncertified Printout p. 2692, § 228, effective July 1. L. 95: (14)(a)(I) and (14)(b) amended, p. 902, § 1, effective May 25. L. 2005: (3) amended, p. 857, § 21, effective June 1. L. 2018: (4) amended, (HB 18-1224), ch. 288, p. 1780, § 2, effective May 29; IP(14)(a) and (14)(a)(I) amended, (SB 18-092), ch. 38, p. 440, § 96, effective August 8. L. 2019: (4)(b)(IX) amended, (SB 19-241), ch. 390, p. 3469, § 26, effective August 2. Editor's note: Amendments to subsection (14) by Senate Bill 93-133 and House Bill 931001 were harmonized. Cross references: (1) For mileage allowances and fees of witnesses, see §§ 13-33-102 and 13-33-103. (2) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 24-4-106. Judicial review. (1) In order to assure a plain, simple, and prompt judicial remedy to persons or parties adversely affected or aggrieved by agency actions, the provisions of this section shall be applicable. (2) Final agency action under this or any other law shall be subject to judicial review as provided in this section, whether or not an application for reconsideration has been filed, unless the filing of an application for reconsideration is required by the statutory provisions governing the specific agency. In the event specific provisions for rehearing as a basis for judicial review as applied to any particular agency are in effect on or after July 1, 1969, then such provisions shall govern the rehearing and appeal procedure, the provisions of this article to the contrary notwithstanding. (3) An action may be commenced in any court of competent jurisdiction by or on behalf of an agency for judicial enforcement of any final order of such agency. In any such action, any person adversely affected or aggrieved by such agency action may obtain judicial review of such agency action. (4) Except as provided in subsection (11) of this section, any person adversely affected or aggrieved by any agency action may commence an action for judicial review in the district court within thirty-five days after such agency action becomes effective; but, if such agency action occurs in relation to any hearing pursuant to section 24-4-105, then the person must also have been a party to such agency hearing. A proceeding for such review may be brought against the agency by its official title, individuals who comprise the agency, or any person representing the agency or acting on its behalf in the matter sought to be reviewed. The complaint shall state the facts upon which the plaintiff bases the claim that he or she has been adversely affected or aggrieved, the reasons entitling him or her to relief, and the relief which he or she seeks. Every party to an agency action in a proceeding under section 24-4-105 not appearing as plaintiff in such action for judicial review shall be made a defendant; except that, in review of agency actions taken pursuant to section 24-4-103, persons participating in the rule-making proceeding need not be made defendants. Each agency conducting a rule-making proceeding shall maintain a docket listing the name, address, and telephone number of every person who has participated in a rule-making proceeding by written statement, or by oral comment at a hearing. Any person who commences suit for judicial review of the rule shall notify each person on the agency's docket of the fact that a suit has been commenced. The notice shall be sent by first-class certified Colorado Revised Statutes 2019 Page 96 of 2372 Uncertified Printout mail within fourteen days after filing of the action and shall be accompanied by a copy of the complaint for judicial review bearing the action number of the case. Thereafter, service of process, responsive pleadings, and other matters of procedure shall be controlled by the Colorado rules of civil procedure. An action shall not be dismissed for failure to join an indispensable party until an opportunity has been afforded to an affected party to bring the indispensable party into the action. The residence of a state agency for the purposes of this subsection (4) shall be deemed to be the city and county of Denver. In any action in which the plaintiff seeks judicial review of an agency decision made after a hearing as provided in section 24-4-105, the parties after issue is joined shall file briefs within the time periods specified in the Colorado appellate rules. (4.5) Subject to the limitation set forth in section 39-8-108 (2), C.R.S., the board of county commissioners of any county of this state may commence an action in the Denver district court within the time limit set forth in subsection (4) of this section for judicial review of any agency action which is directed to any official, board, or employee of such county or which involves any duty or function of any official, board, or employee of such county with the consent of said official, board, or employee, and to the extent that said official, board, or employee could maintain an action under subsection (4) of this section. In addition, in any action brought against any official, board, or employee of a county of this state for judicial enforcement of any final order of any agency, the defendant official, board, or employee may obtain judicial review of such agency action. In any such action for judicial review, the county official, board, or employee shall not be permitted to seek temporary or preliminary injunctive relief pending a final decision on the merits of its claim. (4.7) The county clerk and recorder of any county may commence an action under this section in the Denver district court for judicial review of any final action issued by the secretary of state arising under the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S. In any such action, the county clerk and recorder may seek temporary or preliminary injunctive relief pending a final decision on the merits of the claim as permitted under this section. (5) Upon a finding that irreparable injury would otherwise result, the agency, upon application therefor, shall postpone the effective date of the agency action pending judicial review, or the reviewing court, upon application therefor and regardless of whether such an application previously has been made to or denied by any agency, and upon such terms and upon such security, if any, as the court shall find necessary and order, shall issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve the rights of the parties pending conclusion of the review proceedings. (6) In every case of agency action, the record, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the agency, rulings upon exceptions, and the decision, findings, and action of the agency. Any person initiating judicial review shall designate the relevant parts of such record and advance the cost therefor. As to alleged errors, omissions, and irregularities in the agency record, evidence may be taken independently by the court. (7) (a) If the court finds no error, it shall affirm the agency action. (b) The court shall hold unlawful and set aside the agency action and shall restrain the enforcement of the order or rule under review, compel any agency action to be taken that has been unlawfully withheld or unduly delayed, remand the case for further proceedings, and afford other relief as may be appropriate if the court finds that the agency action is: Colorado Revised Statutes 2019 Page 97 of 2372 Uncertified Printout (I) Arbitrary or capricious; (II) A denial of statutory right; (III) Contrary to constitutional right, power, privilege, or immunity; (IV) In excess of statutory jurisdiction, authority, purposes, or limitations; (V) Not in accord with the procedures or procedural limitations of this article 4 or as otherwise required by law; (VI) An abuse or clearly unwarranted exercise of discretion; (VII) Based upon findings of fact that are clearly erroneous on the whole record; (VIII) Unsupported by substantial evidence when the record is considered as a whole; or (IX) Otherwise contrary to law, including failing to comply with section 24-4-104 (3)(a) or 24-4-105 (4)(b). (c) In making the findings specified in this subsection (7), the court shall review the whole record or portions of the record cited by any party. (d) In all cases under review, the court shall determine all questions of law and interpret the statutory and constitutional provisions involved and shall apply the interpretation to the facts duly found or established. (8) Upon a showing of irreparable injury, any court of competent jurisdiction may enjoin at any time the conduct of any agency proceeding in which the proceeding itself or the action proposed to be taken therein is clearly beyond the constitutional or statutory jurisdiction or authority of the agency. If the court finds that any proceeding contesting the jurisdiction or authority of the agency is frivolous or brought for the purpose of delay, it shall assess against the plaintiff in such proceeding costs and a reasonable sum for attorney fees (or an equivalent sum in lieu thereof) incurred by other parties, including the state. (9) The decision of the district court shall be subject to appellate review as may be permitted by law or the Colorado appellate rules, but a notice of intent to seek appellate review must be filed with the district court within forty-nine days after its decision becomes final. If no notice of intent to seek appellate review is filed with the trial court within forty-nine days after its decision becomes final, the trial court shall immediately return to the agency its record. Upon disposition of a case in an appellate court which requires further proceedings in the trial court, the agency's record shall be returned to the trial court. On final disposition of the case in the appellate court when no further proceedings are necessary or permitted in the trial court, the agency's record shall be returned by the appellate court to the agency with notice of such disposition to the trial court or to the trial court, in which event the agency's record shall be returned by the trial court to the agency. (10) In any judicial review of agency action, the district court or the appellate court shall advance on the docket any case which in the discretion of the court requires acceleration. (11) (a) Whenever judicial review of any agency action is directed to the court of appeals, the provisions of this subsection (11) shall be applicable except for review of orders of the industrial claim appeals office. (b) Such proceeding shall be commenced by the filing of a notice of appeal with the court of appeals within forty-nine days after the date of the service of the final order entered in the action by the agency, together with a certificate of service showing service of a copy of said notice of appeal on the agency and on all other persons who have appeared as parties to the action before the agency. The date of service of an order is the date on which a copy of the order is delivered in person or, if service is by mail, the date of mailing. Colorado Revised Statutes 2019 Page 98 of 2372 Uncertified Printout (c) The record on appeal shall conform to the provisions of subsection (6) of this section. The designation and preparation of the record and its transmission to the court of appeals shall be in accordance with the Colorado appellate rules. A request for an extension of time to transmit the record shall be made to the court of appeals and may be granted only by that court. (d) The docketing of the appeal and all procedures thereafter shall be as set forth in the Colorado appellate rules. The agency shall not be required to pay a docket fee. All persons who have appeared as parties to the action before the agency who are not designated as appellants shall, together with the agency, be designated as appellees. (e) The standard for review as set forth in subsection (7) of this section shall apply to appeals brought under this subsection (11). Source: L. 59: p. 164, § 5. CRS 53: § 3-16-5. C.R.S. 1963: §3-16-5. L. 69: pp. 89, 268, §§ 6, 2. L. 76: (4) amended, p. 584, § 18, effective May 24. L. 79: (4.5) added, p. 843, § 2, effective May 26. L. 81: (4) amended and (11) added, pp. 890, 1134, 1142, §§ 4, 4, 1, effective July 1. L. 86: (11)(a) amended, p. 498, § 117, effective July 1. L. 87: (9) amended, p. 921, § 1, effective June 20. L. 93: (6) amended, p. 1330, § 5, effective June 6. L. 2012: (4) amended, (SB 12-175), ch. 208, p. 880, § 144, effective July 1. L. 2013: (9) and (11)(b) amended, (HB 131126), ch. 58, p. 192, § 5, effective July 1. L. 2014: (4.7) added, (HB 14-1354), ch. 159, p. 553, § 2, effective May 9. L. 2018: (7) amended, (HB 18-1224), ch. 288, p. 1783, § 3, effective May 29. 24-4-107. Application of article. This article applies to every agency of the state having statewide territorial jurisdiction except those in the legislative or judicial branches, courtsmartial, military commissions, and arbitration and mediation functions. It applies to every other agency to which it is made to apply by specific statutory reference; but, where there is a conflict between this article and a specific statutory provision relating to a specific agency, such specific statutory provision shall control as to such agency. Source: L. 59: p. 166, §6. CRS 53: § 3-16-6. C.R.S. 1963: § 3-16-6. L. 69: p. 91, § 7. 24-4-108. Legislative consideration of rules. (1) Unless extended by the general assembly acting by bill, all of the rules and regulations of the principal departments shall expire on the dates specified in this section. (2) The rules and regulations of the following principal departments shall expire on July 1, 1980: (a) to (c) Repealed. (3) The rules and regulations of the following principal departments shall expire on July 1, 1981: (a) to (d) Repealed. (4) The rules and regulations of the following principal departments shall expire on July 1, 1982: (a) to (c) Repealed. (5) The rules and regulations of the following principal departments shall expire on July 1, 1983: (a) to (d) Repealed. Colorado Revised Statutes 2019 Page 99 of 2372 Uncertified Printout (6) The rules and regulations of the following principal departments shall expire on July 1, 1984: (a) Department of the treasury; (b) Repealed. (c) Office of state planning and budgeting; (d) to (h) Repealed. (6.1) Repealed. (7) The general assembly, in its discretion, may postpone by bill the expiration of rules and regulations, or any portion thereof. Nothing in this section shall prohibit any action by the general assembly pursuant to section 24-4-103 (8)(d). The postponement of the expiration of a rule shall not constitute legislative approval of the rule nor be admissible in any court as evidence of legislative intent. The committee on legal services is authorized to establish procedures for the implementation of review of rules and regulations contemplated by this section including, but not limited to, a procedure for annual review of rules and regulations which may conflict with statutes or statutory changes adopted subsequent to review of a department's rules and regulations pursuant to this section. (8) This section does not apply to rules of an agency in the department of regulatory agencies, which rules are subject to the provisions of section 24-34-104 (6)(b). Source: L. 79: Entire section added, p. 846, § 3, effective July 1. L. 80: (2)(c) repealed, p. 289, § 3, effective April 13; (2)(b) repealed, p. 292, § 3, effective April 16; (6)(g) added and (2)(a) repealed, p. 287, §§ 2, 3, effective April 16. L. 81: (3)(a) repealed and (6.1) added, p. 1148, §§ 3, 2, effective April 24; (3)(d) repealed and (6.1) added, p. 1149, §§ 3, 2, effective May 28; (3)(b) repealed, p. 272, § 2, effective June 5; (7) amended and (3)(c), (6)(f), (6)(g), (6)(h), and (6.1) repealed, pp. 1145, 1146, §§ 1, 7, effective July 1; (8) amended, p. 1178, § 7, effective July 1. L. 82: (4)(a) repealed, p. 199, § 2, effective March 11; (4)(b) repealed, p. 201, § 2, effective April 27; (4)(c) repealed, p. 203, § 2, effective March 13. L. 83: (5)(b) repealed, p. 304, § 2, effective May 20; (5)(a) repealed, p. 306, § 2, effective May 25; (5)(c) repealed, p. 309, § 2, effective May 26; (5)(d) repealed, p. 308, § 2, effective June 1. L. 84: (6)(b) repealed, p. 260, § 2, effective March 29; (6)(e) repealed, p. 259, § 2, effective April 5; (6)(d) repealed, p. 258, § 2, effective April 9. L. 2016: (8) amended, (HB 16-1192), ch. 83, p. 234, § 16, effective April 14. PART 2 MILITARY OCCUPATIONAL STREAMLINING Cross references: For the legislative declaration in HB 16-1197, see section 1 of chapter 190, Session Laws of Colorado 2016. 24-4-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Authority to practice" or "authorized to practice" means the holding of a currently valid license to practice in an occupation or a currently valid certification or registration necessary to practice in an occupation if the person is licensed, certified, or registered. (2) "Military occupational specialty" means the category or categories of special duties a member of the United States armed forces is trained to perform. Colorado Revised Statutes 2019 Page 100 of 2372 Uncertified Printout (3) "Occupation" means an occupation or profession that is licensed, certified, or registered under state statute. (4) "State agency" means any department, division, board, or other agency of the state of Colorado that certifies, licenses, or registers an occupation. Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10. 24-4-202. Legislative declaration - reports - repeal. (1) The general assembly intends that: (a) Each state agency that authorizes more than ten occupations to practice or oversees other agencies that authorize more than ten occupations to practice should have implemented this part 2 for: (I) At least twenty-five percent of the occupations by December 30, 2018; (II) At least fifty percent of the occupations by December 30, 2020; and (III) All of the occupations by December 30, 2022; (b) Each state agency that authorizes ten or fewer occupations to practice or oversees other agencies that authorize ten or fewer occupations to practice should have implemented this part 2 for: (I) At least fifty percent of the occupations by December 30, 2018; and (II) All of the occupations by December 30, 2020. (2) (a) Notwithstanding section 24-1-136 (11), each state agency that authorizes an occupation to practice shall provide by June 30, 2017, and by June 30 of each year thereafter until June 30, 2023, a written report of its progress in implementing this part 2 to each member of: The general assembly; the business affairs and labor committee of the house of representatives; the business, labor, and technology committee of the senate; the state, veterans, and military affairs committees of the house of representatives and the senate, or their successor committees. (b) This subsection (2) is repealed, effective July 1, 2023. Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10. 24-4-203. Evaluation and implementation. (1) Each agency shall: (a) Document the following results and publish a summary of pathways available to a veteran to obtain authorization to practice an occupation: (I) Evaluate the extent to which military training meets all or part of the state requirements to be authorized to practice an occupation; (II) Identify reciprocity mechanisms with other states; and (III) Determine if an occupational exam is available to authorize a veteran to practice an occupation; (b) Consult with community colleges and other post-secondary educational institutions with regard to: (I) Courses or programs to cover the gap between military occupational specialty training and the training required to be authorized to practice an occupation; and Colorado Revised Statutes 2019 Page 101 of 2372 Uncertified Printout (II) Refresher courses for the reinstatement of lapsed civilian credentials; and (c) Consider adopting a national credentialing exam. Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10. 24-4-204. Consultation - cooperation. (1) Each state agency may consult with any federal or state military official or agency, state agency, or post-secondary educational institution to determine how best to implement this part 2. (2) Nothing in this part 2 gives a state agency authority to determine curriculum, programs, or courses offered at any post-secondary education institution. Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10. ARTICLE 4.1 Crime Victim Compensation and Victim and Witness Rights Cross references: For restitution as a condition of probation, see § 18-1.3-205; for restitution to victims of crime generally, see article 28 of title 17; for the "Colorado Victim and Witness Protection Act of 1984", see part 7 of article 8 of title 18; for restitution by delinquent children under the "Colorado Children's Code", see § 19-2-918; for assistance to victims of and witnesses to crimes, see article 4.2 of this title. PART 1 CRIME VICTIM COMPENSATION ACT 24-4.1-100.1. Short title. This part 1 shall be known and may be cited as the "Colorado Crime Victim Compensation Act". Source: L. 82: Entire section added, p. 364, § 1, effective March 22. L. 84: Entire section amended, p. 657, § 5, effective May 14. 24-4.1-101. Legislative declaration. The general assembly hereby finds that an effective criminal justice system requires the protection and assistance of victims of crime and members of the immediate families of such victims in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. The general assembly hereby intends to provide protection and assistance to victims and members of the immediate families of such victims by declaring and implementing the rights of such persons and by lessening the financial burden placed upon victims due to the commission of crimes. This article shall be liberally construed to accomplish such purposes. Colorado Revised Statutes 2019 Page 102 of 2372 Uncertified Printout Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 92: Entire section amended, p. 415, § 1, effective January 14, 1993. Cross references: For constitutional provisions relating to the rights of crime victims, see § 16a of article II, Colo. Const.; for statutory provisions relating to the rights of victims of and witnesses to crimes, see part 3 of this article. 24-4.1-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Applicant" means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such victim's death, the term includes any person who was his dependent at the time of the death of that victim. (2) "Board" means the crime victim compensation board in each judicial district. (3) "Child" means an unmarried person who is under eighteen years of age. The term includes a posthumous child, a stepchild, or an adopted child. (4) (a) "Compensable crime" means: (I) An intentional, knowing, reckless, or criminally negligent act of a person or any act in violation of section 42-4-1301 (1) or (2), C.R.S., that results in residential property damage to or bodily injury or death of another person or results in loss of or damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state; or (II) An act in violation of section 42-4-1402, C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident results in the death or bodily injury of another person. (b) "Compensable crime" includes federal offenses that are comparable to those specified in paragraph (a) of this subsection (4) and are committed in this state. (5) (a) "Dependent" means relatives of a deceased victim who, wholly or partially, were dependent upon the victim's income at the time of death or would have been so dependent but for the victim's incapacity due to the injury from which the death resulted. (b) "Dependent" also means the child or spouse of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, C.R.S., with the accused, if the accused provided household support to the dependent. (6) "Economic loss" means economic detriment consisting only of allowable expense, net income, replacement services loss, and, if injury causes death, dependent's economic loss. The term does not include noneconomic detriment. (7) "Fund" means the crime victim compensation fund as established in each judicial district. (7.5) "Household support" means the monetary support that a dependent would have received from the accused for the purpose of maintaining a home or residence. (8) "Injury" means impairment of a person's physical or mental condition and includes pregnancy. (8.5) (a) "Property damage" means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling. (b) "Property damage" also includes expenses related to the rekeying of a motor vehicle or other locks necessary to ensure a victim's safety. Colorado Revised Statutes 2019 Page 103 of 2372 Uncertified Printout (9) "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, "relative" includes any person who has a family-type relationship with a victim. (10) (a) "Victim" means any of the following persons who suffer property damage, economic loss, injury, or death as a result of a compensable crime perpetrated or attempted in whole or in part in this state: (I) Any person against whom a compensable crime is perpetrated or attempted. Such person shall be referred to as a "primary victim". (II) Any person who attempts to assist or assists a primary victim; (III) Any person who is a relative of a primary victim. (b) "Victim" also means a person who suffers injury or death, the proximate cause of which is a compensable crime perpetrated or attempted in the person's presence against a primary victim. (c) "Victim" also means a person who is a resident of this state and who is a victim of a crime that occurred outside of this state, where the crime would be a compensable crime had it occurred in this state and where the state or country in which the crime occurred does not have a crime victim compensation program for which the person would be eligible. (d) "Victim" also means a person who is a resident of this state who is injured or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States. Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 83: (4) and (10) amended and (8.5) added, pp. 669, 854, 1648, §§ 16, 1, 19, effective July 1. L. 84: IP(1) and (1) amended, p. 657, § 6, effective May 14. L. 85: (1) and (6) amended, p. 792, § 1, effective April 11. L. 90: (10) amended, p. 1179, § 1, effective July 1. L. 94: (4) amended, p. 2555, § 50, effective January 1, 1995. L. 95: (8) to (10) amended, p. 1400, § 1, effective July 1. L. 97: (4) and (10)(c) amended and (10)(d) added, p. 1560, § 3, effective July 1. L. 98: (10)(d) amended, p. 517, § 1, effective April 30. L. 99: (10)(d) amended, p. 58, § 10, effective March 15. L. 2015: (4)(a)(II), (5), and (8.5) amended and (7.5) added, (HB 15-1035), ch. 60, p. 143, § 1, effective March 30. 24-4.1-103. Crime victim compensation board - creation. (1) There is hereby created in each judicial district a crime victim compensation board. Each board shall be composed of three members to be appointed by the district attorney. The district attorney shall designate one of the members as chairman. To the extent possible, members shall fairly reflect the population of the judicial district. (2) The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a three-year term, one for a two-year term, and one for a one-year term. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board. (3) Members of the board shall receive no compensation but are entitled to be reimbursed for travel expenses at the rate authorized for state employees. Colorado Revised Statutes 2019 Page 104 of 2372 Uncertified Printout Source: L. 81: Entire article added, p. 1136, § 5, effective July 1. L. 90: (2) amended, p. 1179, § 2, effective July 1. 24-4.1-104. District attorney to assist board. The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1. Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 657, § 7, effective May 14. 24-4.1-105. Application for compensation. (1) A person who may be eligible for compensation under this part 1 may apply to the board in the judicial district in which the crime was committed. In a case in which the person entitled to apply is a minor, the application may be made on his behalf by his parent or guardian. In a case in which the person entitled to apply is mentally incompetent, the application may be made on his behalf by his parent, conservator, or guardian or by any other individual authorized to administer his estate. (2) (a) In order to be eligible for compensation under this part 1, the applicant shall submit reports, if reasonably available, from any physician who has treated or examined the victim at the time of or subsequent to the victim's injury or death. The report shall be in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or the report on the cause of death of the victim by a medical expert would be of material aid to its determination, the board may order the reports. (b) In order to be eligible for compensation for property damage under this part 1, the applicant shall submit a report or case number, if reasonably available, from a law enforcement agency which shall set forth the nature of the property damage which is the result of a compensable crime. (3) If the applicant makes any false statement as to a material fact, he shall be ineligible for an award pursuant to this part 1. Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 83: (2) amended, p. 669, § 17, effective July 1. L. 84: Entire section amended, p. 657, § 8, effective May 14. 24-4.1-106. Hearings. (1) The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106. (2) The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of this part 1. The standard of proof is by a preponderance of the evidence. (3) If a person has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted shall not raise a presumption that the claim is invalid. (4) Orders and decisions of the board are final. Colorado Revised Statutes 2019 Page 105 of 2372 Uncertified Printout (5) Review of an order or decision of the board may be made in accordance with the Colorado rules of civil procedure. Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 9, effective May 14. 24-4.1-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this part 1. Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 10, effective May 14. 24-4.1-107.5. Confidentiality of materials - definitions. (1) For purposes of this section, unless the context otherwise requires: (a) "In camera review" means the judge views the material in private, without either party present. (b) "Materials" means any records, claims, writings, documents, or information. (2) Any materials received, made, or kept by a board or a district attorney to process a claim on behalf of a crime victim under this article are confidential. The district attorney shall have standing in any action to oppose the disclosure of any such materials. A board shall not provide through discovery in any civil or criminal action any exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim except: (a) In the event of the review by the court of an order or decision of the board pursuant to section 24-4.1-106, and then only to the extent narrowly and necessary to obtain court review; or (b) Upon a strict showing to the court in a separate civil or a criminal action that particular information or documents are known to exist only in board records. The court may inspect in camera such records to determine whether the specific requested information exists. If the court determines that the specific information sought exists in the board's records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety or welfare of the victim or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right. (3) In a proceeding for determining the amount of restitution, if the defendant's request is not speculative and is based on an evidentiary hypothesis that warrants an in camera review to rebut the presumption established in section 18-1.3-603, C.R.S., the court may release additional information contained in the records of the board only after an in camera review and additionally finding that the information: (a) Is necessary for the defendant to dispute the amount claimed for restitution; and (b) Will not pose any threat to the safety or welfare of the victim, or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right. Colorado Revised Statutes 2019 Page 106 of 2372 Uncertified Printout Source: L. 2000: Entire section added, p. 242, § 7, effective March 29. L. 2015: Entire section amended, (HB 15-1035), ch. 60, p. 144, § 2, effective March 30. 24-4.1-108. Awarding compensation. (1) A person is entitled to an award of compensation under this part 1 if: (a) The person is a victim or a dependent of a victim or a successor in interest under the "Colorado Probate Code" of a victim of a compensable crime which was perpetrated on or after July 1, 1982, and which resulted in a loss; (b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death of or injury to the victim within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification; (c) The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant or the board has found good cause exists for the failure to cooperate; (d) Repealed. (e) The death of or injury to the victim was not substantially attributable to his wrongful act or substantial provocation of his assailant; and (f) The application for an award of compensation under this part 1 is filed with the board within one year of the date of injury to the victim or within such further extension of time as the board, for good cause shown, allows. For purposes of this paragraph (f), "good cause" may include but is not limited to circumstances in which a crime has remained unsolved for more than one year. (1.5) A person is entitled to an award of compensation for property damage under this part 1 if: (a) The person is a victim of a compensable crime which was perpetrated on or after July 1, 1983, and which resulted in property damage; (b) The appropriate law enforcement officials were notified of the perpetration of the crime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification; (c) The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant or the board has found good cause exists for the failure to cooperate; and (d) The application for an award of compensation for property damage under this part 1 is filed with the board within six months of the date of property damage or within such further extension of time as the board, for good cause shown, allows. (2) The board may waive any of the requirements set forth in this section, or the limitations set forth in section 24-4.1-109 (1), or order a denial or reduction of an award if, in the interest of justice, it is so required. (3) Upon a finding by the board that compensation should be awarded, the board shall submit a statement of award to the court administrator who shall remit payment in accordance with the statement of award. (4) Consistent with approved standards established pursuant to section 24-4.1-117.3 (3) for the administration of crime victim compensation funds, the board may develop policies to ensure that primary victims are compensated and to ensure that available moneys in the fund are not exceeded. Colorado Revised Statutes 2019 Page 107 of 2372 Uncertified Printout Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (1)(f) amended and (1.5) added, pp. 668, 669, 854, §§ 14, 18, 2, effective July 1. L. 84: IP(1), (1)(f), IP(1.5), and (1.5)(d) amended, pp. 658, 1120, §§ 11, 20, effective May 14. L. 85: (2) amended, p. 792, § 2, effective April 11. L. 89: (1)(d) repealed, p. 1016, § 3, effective April 23. L. 95: (4) added, p. 1401, § 2, effective July 1. L. 2009: (4) amended, (SB 09-047), ch. 129, p. 556, § 4, effective July 1. L. 2012: (1)(f) amended, (HB 12-1053), ch. 244, p. 1158, § 4, effective August 8. Cross references: For the "Colorado Probate Code", see articles 10 to 17 of title 15. 24-4.1-109. Losses compensable. (1) Losses compensable under this part 1 resulting from death of or injury to a victim include: (a) Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices; (b) Loss of earnings; (c) Outpatient care; (d) Homemaker and home health services; (e) Burial expenses; (f) Loss of support to dependents; (g) Mental health counseling; (h) Household support; except that household support is only available to a dependent when: (I) The offender is accused of committing the criminally injurious conduct that is the basis of the dependent's claim under this article; (II) As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and (III) The dependent provides verification of dependency on the offender at the time of the criminal event. (1.5) (a) Losses compensable under this part 1 resulting from property damage include: (I) (A) Repair or replacement of property damaged as a result of a compensable crime; or (B) Payment of the deductible amount on a residential insurance policy; (II) Any modification to the victim's residence that is necessary to ensure victim safety; and (III) The rekeying of a motor vehicle or other lock that is necessary to ensure the victim's safety. (b) (Deleted by amendment, L. 98, p. 517, §2, effective April 30, 1998.) (2) Compensable losses do not include: (a) Pain and suffering or property damage other than residential property damage or rekeying a lock pursuant to subparagraph (III) of paragraph (a) of subsection (1.5) of this section; or (b) Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars. (c) Repealed. Colorado Revised Statutes 2019 Page 108 of 2372 Uncertified Printout Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (2)(b) amended and (1.5) added, pp. 670, 854, §§ 19, 3, effective July 1. L. 84: Entire section amended, p. 659, § 12, effective May 14. L. 85: (1)(g) added, p. 792, § 3, effective June 6. L. 89: (1.5)(a)(II) amended, p. 1016, § 1, effective April 23. L. 93: (2) amended, p. 2051, § 1, effective June 9. L. 98: (1.5) and (2)(b) amended, p. 517, § 2, effective April 30. L. 2015: (1)(h) and (1.5)(a)(III) added, (1.5)(a)(I)(B), (1.5)(a)(II), (2)(a), and (2)(b) amended, and (2)(c) repealed, (HB 15-1035), ch. 60, p. 145, § 3, effective March 30. 24-4.1-110. Recovery from collateral source. (1) The board shall deduct from compensation it awards under this part 1 any payments received by the applicant from the offender or from a person on behalf of the offender, from the United States or any state, or any subdivision or agency thereof, from a private source, or from an emergency award under this part 1 for injury or death compensable under this part 1, excluding death or pension benefits. (2) If compensation is awarded under this part 1 and the person receiving it also receives a collateral sum under subsection (1) of this section which has not been deducted from it, he shall refund to the board the lesser of the sums or the amount of compensation paid to him under this part 1 unless the aggregate of both sums does not exceed his losses. The fund shall be the payor of last resort. (3) If a defendant is ordered to pay restitution under article 18.5 of title 16, C.R.S., to a person who has received compensation awarded under this part 1, an amount equal to the compensation awarded shall be transmitted from such restitution to the board for allocation to the fund. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 83: Entire section amended, p. 670, § 20, effective July 1. L. 84: (1)(b) amended, p. 659, § 13, effective May 14. L. 98: (3) amended, p. 823, § 33, effective August 5. L. 2000: (3) amended, p. 1051, § 20, effective September 1. L. 2006: (2) amended, p. 422, § 5, effective April 13. 24-4.1-111. Compensation to relatives. (1) A relative of a victim, even though he was not a dependent of the victim, is eligible for compensation for reasonable medical or burial expenses for the victim, if: (a) Such expenses were paid by him; and (b) He files a claim in the manner provided in this part 1. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1)(b) amended, p. 659, § 14, effective May 14. 24-4.1-112. Emergency awards. (1) The board may order an emergency award to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Awards pursuant to this section are intended to cover expenses incurred by crime victims in meeting their immediate short-term needs. The amount of such award shall not exceed two thousand dollars and shall be deducted from any final award made as a result of the claim. (2) If the amount of such emergency award exceeds the sum the board would have awarded pursuant to this part 1, such excess shall be repaid by the recipient. Colorado Revised Statutes 2019 Page 109 of 2372 Uncertified Printout Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (2) amended, p. 659, § 15, effective May 14. L. 98: (1) amended, p. 518, § 3, effective April 30. L. 2015: (1) amended, (HB 15-1035), ch. 60, p. 146, § 4, effective March 30. 24-4.1-113. Fees. No fee may be charged to the applicant by the board in any proceeding under this article. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. 24-4.1-114. Assignment, attachment, or garnishment of award. No compensation payable under this article, prior to actual receipt thereof by the person or beneficiary entitled thereto or his legal representative, shall be assignable or subject to execution, garnishment, attachment, or any other process, including process to satisfy an order or judgment for support or alimony. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. 24-4.1-114.5. Limitations on characterization of award as income. No compensation payable to an applicant under this part 1 shall be included in the applicant's income for purposes of the Colorado income tax imposed in article 22 of title 39, C.R.S.; nor shall it be considered as income, property, or support for the purposes of determining the eligibility of the applicant for public assistance or the amount of assistance payments pursuant to section 26-2-108, C.R.S. Source: L. 83: Entire section added, p. 856, § 1, effective July 1. L. 84: Entire section amended, p. 659, § 16, effective May 14. L. 87: Entire section amended, p. 1452, § 28, effective June 22. 24-4.1-115. Survival of rights. The rights to compensation created by this part 1 are personal and shall not survive the death of the person or beneficiary entitled to them; except that, if death occurs after an application for compensation has been filed with the board, the proceeding shall not abate but may be continued by the legal representative of the decedent's estate. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 17, effective May 14. 24-4.1-116. Subrogation. The acceptance of an award made pursuant to this part 1 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 18, effective May 14. 24-4.1-116.5. Collection actions against crime victims - suspension. (1) A medical service provider or medical service provider billing agent shall suspend all debt collection Colorado Revised Statutes 2019 Page 110 of 2372 Uncertified Printout actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a period of ninety days to allow an opportunity for the board to resolve the claim, if, within one hundred eighty days after date of services rendered as part of the criminal episode, the claimant files an application for a claim with the board pursuant to section 24-4.1-105 and: (a) Provides written notice to the medical service provider or its billing agent that a claim has been submitted to the board, including a crime victim compensation claim number; and (b) Authorizes the medical service provider or its billing agent to confirm with the board the claimant's claim status and date of resolution as it relates to the medical provider's specific debt. (2) The provisions of this section apply only to the claimant and not to a collateral source on the claimant's behalf. (3) The provisions of subsection (1) of this section: (a) Do not require the deletion of the debt on the claimant's credit report if the debt had already been reported to one or more credit bureaus prior to notice of the victim compensation claim being received by the medical service provider or its billing agent. (b) Do not apply to any debt where a lawsuit has been commenced against the claimant for the collection of the debt prior to notice of the victim compensation claim being received by the medical service provider or its billing agent. Source: L. 2015: Entire section added, (HB 15-1035), ch. 60, p. 146, § 5, effective March 30. 24-4.1-117. Fund created - control of fund. (1) The crime victim compensation fund is hereby established in the office of the court administrator of each judicial district for the benefit of eligible applicants under this part 1. (1.5) In any judicial district where a separate juvenile court exists, all moneys collected by such juvenile court shall be deposited in the fund and administered by the district court administrator. (2) The fund shall consist of all moneys paid as a cost or surcharge levied on criminal actions, as provided in section 24-4.1-119; any federal moneys available to state or local governments for victim compensation; all moneys received from any action or suit to recover damages from an assailant for a compensable crime which was the basis for an award of, and limited to, compensation received under this part 1; and any restitution paid by an assailant to a victim for damages for a compensable crime which was the basis for an award received under this part 1 and for damages for which the victim has received an award of, and limited to, compensation received under this part 1. (3) All moneys deposited in the fund shall be deposited in an interest-bearing account, which shall be no less secure than those used by the state treasurer, and which shall yield the highest interest possible. All interest earned by moneys in the fund shall be credited to the fund. (4) At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for use the succeeding year. (5) All moneys deposited in the fund shall be used solely for the compensation of victims pursuant to this part 1; except that the district attorney and the court administrator may Colorado Revised Statutes 2019 Page 111 of 2372 Uncertified Printout use an aggregate of no more than twelve and one-half percent of the total amount of moneys in the crime victim compensation fund for administrative costs incurred pursuant to this part 1. The district attorney shall be permitted to use no more than ten percent of the total amount of moneys in the fund for administrative costs. The court administrator shall be permitted to use no more than two and one-half percent of the total amount of moneys in the fund for administrative costs. (6) Grants of federal funds that are accepted pursuant to this part 1 for the purpose of assisting crime victims shall not be used to supplant state funds available to assist crime victims. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1), (2), and (5) amended, p. 660, § 19, effective May 14. L. 85: (6) added, p. 793, § 4, effective April 11. L. 89: (5) amended, p. 1016, § 2, effective April 23. L. 98: (5) amended, p. 518, § 4, effective April 30. L. 2007: (2) amended, p. 1112, § 2, effective July 1. 24-4.1-117.3. Crime victim services advisory board - creation - duties. (1) There is hereby created in the division of criminal justice in the department of public safety the crime victim services advisory board, referred to in this section as the "advisory board". The advisory board shall exercise its powers and perform its duties and functions under the division of criminal justice in the department of public safety and the executive director of the department of public safety, referred to in this section as the "executive director", as if the same were transferred to the department of public safety by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title. (2) (a) The advisory board shall consist of at least seventeen members appointed by the executive director, including but not limited to: (I) A judge; (II) An elected district attorney, the assistant district attorney, or a chief deputy district attorney; (III) A member of a crime victim compensation board created in section 24-4.1-103; (IV) A member of a local victims and witnesses assistance and law enforcement board created in section 24-4.2-101; (V) An administrator of crime victim compensation from a district attorney's office; (VI) An administrator of victims and witnesses assistance from a district attorney's office; (VII) A representative of a statewide victims' organization; (VIII) A judicial district administrator or judicial district representative; (IX) A representative of a domestic violence program; (X) A representative of a sexual assault program; (XI) A sheriff or sheriff's representative; (XII) A police chief or police representative; (XIII) A deputy district attorney; (XIV) A victim of a crime of violence; and (XV) Three members of the community at large. (b) The executive director may consider geographic diversity when making appointments to the advisory board. Colorado Revised Statutes 2019 Page 112 of 2372 Uncertified Printout (c) The term of office for each member of the advisory board shall be three years; except that, of the members first appointed, six members shall be appointed to serve one-year terms and six members shall be appointed to serve two-year terms. (d) Members of the advisory board shall serve at the pleasure of the executive director or until the member no longer serves in the position for which he or she was appointed to the advisory board, at which time a vacancy shall be deemed to exist on the advisory board. If a vacancy arises on the advisory board, the executive director shall appoint an appropriate person to serve for the remainder of the unexpired term. (e) The executive director shall appoint the initial members of the advisory board on or before August 1, 2009. The executive director may reappoint a person to serve an unlimited number of consecutive terms. The executive director shall annually appoint a chairperson of the advisory board who shall preside over the advisory board's meetings. (f) Members of the advisory board shall serve without compensation but may be reimbursed for actual travel expenses incurred in the performance of their duties. (3) The advisory board's powers and duties shall include, but need not be limited to, the following: (a) To develop and revise, when necessary, standards for the administration of the crime victim compensation fund established in section 24-4.1-117 in each judicial district and the victims and witnesses assistance and law enforcement fund established in section 24-4.2-103 in each judicial district, and to develop, revise when necessary, and impose sanctions for violating these standards; (b) To review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article; (c) To distribute profits from crime pursuant to section 24-4.1-201; (d) To advise and make recommendations to the division of criminal justice in the department of public safety concerning the award of grants pursuant to sections 24-33.5-506 and 24-33.5-507; and (e) To establish subcommittees of the advisory board from within the membership of the advisory board, which subcommittees shall include, but need not be limited to: (I) A standards subcommittee that shall make recommendations to the advisory board concerning the development and revision, when necessary, of standards and sanctions for the violation of standards to assist the advisory board in implementing paragraph (a) of this subsection (3); and (II) A victim rights subcommittee that shall review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article to assist the advisory board in implementing paragraph (b) of this subsection (3). (4) The advisory board shall not release to the public any records submitted to or generated by the advisory board or a subcommittee of the advisory board for the purposes of the advisory board's or the subcommittee's review, pursuant to paragraph (b) of subsection (3) of this section, of a report of noncompliance with this article until the report of noncompliance has been reviewed and resolved by the advisory board. The advisory board shall redact all victimidentifying information from any document released to the public. Source: L. 2009: Entire section added, (SB 09-047), ch. 129, p. 553, § 1, effective July 1. Colorado Revised Statutes 2019 Page 113 of 2372 Uncertified Printout 24-4.1-117.5. Standards for administration of funds - sanctions. (Repealed) Source: L. 90: Entire section added, p. 1180, § 3, effective July 1. L. 93: Entire section amended, p. 2051, § 2, effective June 9. L. 95: (2)(b)(I) amended, p. 1401, § 3, effective July 1. L. 2009: Entire section repealed, (SB 09-047), ch. 129, p. 558, § 10, effective July 1. 24-4.1-118. Court administrator custodian of fund - disbursements. The court administrator of each judicial district shall be the custodian of the fund, and all disbursements from the fund shall be paid by him upon written authorization of the board or the court. Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. 24-4.1-119. Costs and surcharges levied on criminal actions and traffic offenses. (1) (a) Except as provided in paragraphs (c) and (d) of this subsection (1), a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute. These costs shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the costs so received to the court administrator of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district. (b) The costs required by paragraph (a) of this subsection (1) shall not be levied on criminal actions which are charged pursuant to the penalty assessment provisions of section 424-1701, C.R.S., or to any violations of articles 1 to 15 of title 33, C.R.S. (c) A cost of thirty-three dollars is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, C.R.S., of a violation of section 42-4-1301 (1) or (2), C.R.S. This cost shall be paid to the clerk of the court, who shall deposit the same in the crime victim compensation fund established in section 24-4.1-117. (d) A cost, in an amount determined pursuant to paragraph (a) of this subsection (1), is hereby levied on every action upon the filing of a petition alleging a child is delinquent which results in a finding of guilty pursuant to part 8 of article 2 of title 19, C.R.S., or a deferral of adjudication pursuant to section 19-2-709, C.R.S. This cost shall be paid to the clerk of the court, who shall deposit the same in the fund established in section 24-4.1-117. (e) Repealed. (f) (I) A surcharge is hereby levied against each penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of the surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no surcharge amount is specified, the surcharge shall be calculated as thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this paragraph (f) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the crime victim compensation fund established in that judicial district as provided in section 42-1-217, C.R.S. Colorado Revised Statutes 2019 Page 114 of 2372 Uncertified Printout (II) All calculated surcharge amounts pursuant to this paragraph (f) resulting in dollars and cents shall be rounded down to the nearest whole dollar. (III) The surcharges levied pursuant to this paragraph (f) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund. (1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent. (2) For purposes of determining the order of priority for payments required of a defendant pursuant to section 18-1.3-204 (2.5), C.R.S., the payments to the victim compensation fund required under this part 1 shall be the first obligation of the defendant. (3) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable as to the collection of costs levied pursuant to this part 1. Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 82: (1) amended, p. 364, § 2, effective March 22; (1)(a) amended and (1)(c) added, p. 604, § 5, effective July 1. L. 83: (1)(a) amended and (1)(d) added, p. 668, § 15, effective July 1. L. 84: (1)(a), (2), and (3) amended, pp. 660, 923, 1120, §§ 20, 15, 21, effective July 1. L. 85: (1)(a) amended, p. 793, § 5, effective April 11. L. 86: (1)(a) amended and (1)(e) added, p. 871, § 1, effective July 1. L. 87: (1)(d) and (1)(a) amended and (1)(e) repealed, pp. 819, 1496, 1529, §§ 32, 6, 74, effective July 1. L. 93: (1) amended, p. 2053, § 3, effective June 9. L. 94: (1)(c) and (1)(d) amended, p. 1637, § 48, effective May 31; (1)(b) and (1)(c) amended, p. 2555, § 51, effective January 1, 1995. L. 96: (1)(d) amended, p. 1695, § 35, effective January 1, 1997. L. 2002: (1)(a), (1)(c), (2), and (3) amended, p. 1529, § 239, effective October 1. L. 2007: (1)(a) and (1)(c) amended and (1)(f) added, p. 1111, § 1, effective July 1. L. 2010: (1)(f)(II) amended and (1.5) added, (HB 10-1265), ch. 178, p. 641, § 1, effective April 29. Editor's note: Amendments to subsection (1)(c) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized. Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402. (2) For the legislative declaration contained in the 2002 act amending subsections (1)(a), (1)(c), (2), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002. 24-4.1-120. Effective dates of provisions of this article. Sections 24-4.1-117 to 24-4.1120 originally took effect July 1, 1981. Sections 24-4.1-101 to 24-4.1-116 originally took effect July 1, 1982. Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. 24-4.1-121. Repeal. (Repealed) Colorado Revised Statutes 2019 Page 115 of 2372 Uncertified Printout Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 85: Entire section repealed, p. 794, § 7, effective April 11. 24-4.1-122. Reports. On or before October 1, 1985, and on or before each October 1 thereafter, the court administrator of each judicial district shall report to the state court administrator the amount of moneys collected by the judicial district in the prior fiscal year and the amount of moneys distributed to crime victims in the prior fiscal year by the board. Source: L. 85: Entire section added, p. 793, § 6, effective April 11. 24-4.1-123. When redistribution of moneys required. (Repealed) Source: L. 85: Entire section added, p. 793, § 6, effective April 11. L. 2002: Entire section repealed, p. 48, § 1, effective March 21. 24-4.1-124. State crime victim compensation fund - creation - allocation of moneys. (Repealed) Source: L. 85: Entire section added, p. 794, § 6, effective April 11. L. 98: (2) amended, p. 518, § 5, effective April 30. L. 2002: Entire section repealed, p. 48, § 2, effective March 21. PART 2 COMPENSATION FROM BENEFITS OF CRIME 24-4.1-201. Distribution of profits from crime - escrow account - civil suit by victim - definitions. (1) The general assembly hereby finds that the state has a compelling interest in preventing any person who is convicted of a crime from profiting from the crime and in recompensing victims of the crime. It is therefore the intent of the general assembly to provide a mechanism whereby any profits from a crime that are received by the person convicted of the crime are available as restitution to the victims of the crime. (1.3) For purposes of this part 2, "victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode or plan or if such person is deceased or incapacitated, the person's spouse, parent, child, sibling, grandparent, significant other, or other lawful representative. For purposes of this part 2, any person under the age of eighteen years is considered incapacitated, unless that person is emancipated. (1.5) (a) For purposes of this part 2, "profits from the crime" means: (I) Any property obtained through or income generated from the commission of the crime of which the defendant was convicted; (II) Any property obtained by or income generated from the sale, conversion, or exchange of proceeds of the crime of which the defendant was convicted, including any gain realized by such sale, conversion, or exchange; and (III) Any property that the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained Colorado Revised Statutes 2019 Page 116 of 2372 Uncertified Printout through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange. (b) (I) Any person who contracts with a person convicted of a crime in this state, or such person's representative or assignee, for payment of any profits from the crime of which such person is convicted shall pay to the crime victim services advisory board created in section 244.1-117.3 (1), referred to in this part 2 as the "board", any money that would otherwise by terms of the contract be paid to the convicted person or such person's representatives or assignees. The board shall distribute the money as described in paragraph (b.5) of this subsection (1.5). (II) Any person or any person's agent or other legal representative who contracts with a convicted person, or the convicted person's representative or assignee, in the manner described in subparagraph (I) of this paragraph (b), shall: (A) Submit a copy of the contract or a summary of the terms of an oral agreement to the board; (B) Pay over to the board any moneys or consideration not subject to an order of restitution and that by the terms of the contract would be otherwise owing to the convicted person or owing to a representative or assignee of the convicted person. (b.5) If there is a court order of restitution in the criminal case resulting from the crime that remains unpaid, any money received under paragraph (b) of this subsection (1.5) must first be applied to that order of restitution. If there is no outstanding balance from an order of restitution or there remains additional money, and all victims are identified and can be located, the money received or the remaining portion must be apportioned pro rata to the identified victims. For purposes of this section, "victim" has the same meaning as in section 24-4.1-302 (5). If all victims are not known or cannot be located, the board shall deposit the remaining money in an escrow account for the benefit of the victims. (c) Upon the establishment of an escrow account, any person who is a victim of the crime from which a convicted person receives profits under paragraph (b) of this subsection (1.5) may, within three years of establishment of the escrow account, enforce any judgment entered against the convicted person against the money on deposit in the escrow account. If no judgment has been entered, the victim may bring a civil action in a court of competent jurisdiction to recover a judgment against the convicted person or such person's representatives or designees. After all filed claims are established, the board shall distribute the money in the escrow account to satisfy the claims, or such fraction of each claim as can be fulfilled by the available money. (d) (I) Upon establishing an escrow account pursuant to paragraph (b) of this subsection (1.5), the board shall notify any victims of the crime of which the person was convicted at such victims' last known addresses of the establishment of the escrow account. (II) Unless all victims have been identified and can be located, the board shall publish at least once annually from the date of the establishment of the escrow account, a notice of the escrow account's establishment in a newspaper having general circulation throughout the county in which the crime was committed. The expenses of notification shall be paid from the amount received in the escrow account. The board, in its discretion, may provide for such additional notice as it deems necessary. (III) The notice required under subparagraphs (I) and (II) of this paragraph (d) shall specify the existence of the escrow account, the amount on deposit, and the victim's right to Colorado Revised Statutes 2019 Page 117 of 2372 Uncertified Printout execute an order of restitution or bring a civil action to recover against the moneys in the escrow account within three years after the date the escrow account is established. (e) (I) Any person who knowingly fails to comply with any requirement of subparagraph (II) of paragraph (b) of this subsection (1.5) shall be liable for a civil penalty of not less than ten thousand dollars nor more than three times the contract amount. (II) If two or more persons are adjudged liable for the civil penalty imposed, such persons shall be jointly and severally liable. (III) After notice and opportunity to be heard is provided, the court, by order of judgment, may assess the penalty described in this paragraph (e). All moneys received from the payment of these penalties shall be paid over to the board. (IV) In any action or proceeding brought to enforce the contract provisions of this subsection (1.5), the court shall have jurisdiction to grant the attorney general, without bond or other undertaking, any injunctive relief necessary to prevent any payment under a contract that is prohibited under this subsection (1.5). (1.7) For purposes of this section, "person" means any natural person, firm, corporation, partnership, association, or other legal entity. (2) If funds remain in the escrow account after payment of a money judgment pursuant to subsection (1) of this section and if no civil actions are pending under this section after three years from the establishment of an escrow account, the board shall notify the department of corrections of the existence of such escrow account. The department of corrections shall certify to the board a statement of the costs of maintenance of the person in the state correctional institution or institutions at which the person was incarcerated. A statement of the cost of maintenance shall be submitted annually for payment to the department of corrections by the board until such time as the person is released from custody of the state. No such payment shall be made upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account. (3) Upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account or upon a showing by the defendant that three years have elapsed from the establishment of an escrow account and that no civil actions are pending against him or her under this section, the board shall immediately pay any money in the escrow account to the defendant except for funds paid to the department of corrections and anticipated as necessary for future payment to the department of corrections as set forth in subsection (2) of this section. (4) If an escrow account is established under this section, no otherwise applicable statute of limitations on the time within which civil action may be brought bars action by a victim of a crime committed by the person accused or convicted of the crime, as to a claim resulting from the crime, until three years have elapsed from the time the escrow account was established. (4.5) The escrow account shall be established for a period of three years. If an action is filed by a victim to recover the victim's interest in the escrow account within such three-year period, the escrow account shall continue until the conclusion of such action. (5) The board shall make payments from an escrow account to the accused upon an order of the court after a showing by the accused that: (a) The money will be used for the exclusive purpose of retaining legal representation at any stage of the civil or criminal proceedings against him, including the appeals process; and Colorado Revised Statutes 2019 Page 118 of 2372 Uncertified Printout (b) He has insufficient assets, other than funds in the escrow account and assets which could be claimed as exempt from execution under state law, to provide for payment of the expenses of legal representation. (6) The attorney general, at the request of the board, shall bring an action to cause profits from the crime to be paid over and held in an escrow account established by the board. Source: L. 84: Entire part added, p. 652, § 2, effective May 14. L. 88: (1) amended, p. 890, § 1, effective July 1. L. 94: (1) amended and (1.5) added, p. 1050, § 7, effective July 1. L. 2000: (1.3), (1.5)(e), (1.7), (4.5), and (6) added and (1.5)(b), (1.5)(d), (2), and (3) amended, pp. 239, 238, §§ 2, 1, effective March 29. L. 2009: (1.5)(b)(I) and (1.5)(e)(III) amended, (SB 09047), ch. 129, p. 556, § 5, effective July 1. L. 2015: (1.5)(b)(I), (1.5)(c), (1.5)(d)(II), (1.5)(d)(III), (2), (3), (4), and (4.5) amended and (1.5)(b.5) added, (HB 15-1070), ch. 43, p. 106, § 1, effective March 20. 24-4.1-202. Notification of board. It shall be the duty of the victim, the victim's attorney, or the victim's representative to notify the board within thirty days of the filing of any compensable claim under section 24-4.1-201. Source: L. 84: Entire part added, p. 653, § 2, effective May 14. 24-4.1-203. More than one claim. If more than one claim is filed against the moneys in escrow pursuant to section 24-4.1-201, the board shall disburse payments from the escrow account on a pro rata basis of all judgments obtained, according to the amount of money in the escrow account as compared to the amount of each claim. No compensation shall be disbursed until all pending claims have been settled or reduced to judgment. Source: L. 84: Entire part added, p. 653, § 2, effective May 14. 24-4.1-204. Actions null and void. Any action taken by a person who is accused or convicted of a crime or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities, or any other action, to defeat the purpose of this part 2 shall be null and void as against the public policy of this state. Source: L. 84: Entire part added, p. 653, § 2, effective May 14. 24-4.1-205. Interest on moneys in the account. Interest earned on the moneys deposited in the escrow account pursuant to section 24-4.1-201 shall accrue to the benefit of the payee of the account. Source: L. 84: Entire part added, p. 654, § 2, effective May 14. 24-4.1-206. Annual reports of funds. No later than February 15 of each year, the board shall make available a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. The board shall notify, in the Colorado Revised Statutes 2019 Page 119 of 2372 Uncertified Printout most cost-effective manner available, each member of the general assembly of the availability of such report and offer to provide each member with a copy of the report. Source: L. 84: Entire part added, p. 654, § 2, effective May 14. L. 99: Entire section amended, p. 686, § 2, effective August 4. 24-4.1-207. Applicability. This part 2 shall apply to offenses committed on or after January 1, 1985. Source: L. 84: Entire part added, p. 654, § 2, effective May 14. PART 3 GUIDELINES FOR ASSURING THE RIGHTS OF VICTIMS OF AND WITNESSES TO CRIMES Law reviews: For article, "Adult Parole in Colorado: An Overview", see 44 Colo. Law. 37 (May 2015). Cross references: For constitutional provisions relating to the rights of crime victims, see section 16a of article II of the Colorado constitution. 24-4.1-301. Legislative declaration. The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and wellbeing of the criminal justice system of this state. It is the intent of this part 3, therefore, to assure that all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants. Source: L. 84: Entire part added, p. 654, § 3, effective May 14. 24-4.1-302. Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant: (1) "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile: (a) Murder in the first degree, in violation of section 18-3-102, C.R.S.; (b) Murder in the second degree, in violation of section 18-3-103, C.R.S.; (c) Manslaughter, in violation of section 18-3-104, C.R.S.; (d) Criminally negligent homicide, in violation of section 18-3-105, C.R.S.; (e) Vehicular homicide, in violation of section 18-3-106, C.R.S.; (f) Assault in the first degree, in violation of section 18-3-202, C.R.S.; (g) Assault in the second degree, in violation of section 18-3-203, C.R.S.; (h) Assault in the third degree, in violation of section 18-3-204, C.R.S.; (i) Vehicular assault, in violation of section 18-3-205, C.R.S.; Colorado Revised Statutes 2019 Page 120 of 2372 Uncertified Printout (j) Menacing, in violation of section 18-3-206, C.R.S.; (k) (Deleted by amendment, L. 95, p. 1256, § 22, effective July 1, 1995.) (l) First degree kidnapping, in violation of section 18-3-301, C.R.S.; (m) Second degree kidnapping, in violation of section 18-3-302, C.R.S.; (n) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or (II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000; (o) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; (p) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or (II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000; (q) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; (r) Sexual assault on a child by one in a position of trust, in violation of section 18-3405.3, C.R.S.; (s) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; (s.3) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.; (t) Robbery, in violation of section 18-4-301, C.R.S.; (u) Aggravated robbery, in violation of section 18-4-302, C.R.S.; (v) Aggravated robbery of controlled substances, in violation of section 18-4-303, C.R.S.; (w) Repealed. (x) Incest, in violation of section 18-6-301, C.R.S.; (y) Aggravated incest, in violation of section 18-6-302, C.R.S.; (z) Child abuse, in violation of section 18-6-401, C.R.S.; (aa) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.; (bb) Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.; (bb.3) Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; (bb.7) An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; (cc) Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.; (cc.1) (I) Stalking, in violation of section 18-3-602, C.R.S.; (II) Stalking, in violation of section 18-9-111 (4), C.R.S., as it existed prior to August 11, 2010; (cc.3) A bias-motivated crime, in violation of section 18-9-121, C.R.S.; (cc.5) Careless driving, in violation of section 42-4-1402, C.R.S., that results in the death of another person; (cc.6) Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person; Colorado Revised Statutes 2019 Page 121 of 2372 Uncertified Printout (dd) Any criminal attempt, as described in section 18-2-101, C.R.S., any conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as described in section 18-2-301, C.R.S., and any accessory to a crime, as described in section 18-8-105, C.R.S., involving any of the crimes specified in this subsection (1); (ee) Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.; (ee.3) Intimidating a witness or a victim, in violation of section 18-8-704, C.R.S.; (ee.7) Aggravated intimidation of a witness or a victim, in violation of section 18-8-705, C.R.S.; (ff) Tampering with a witness or victim, in violation of section 18-8-707, C.R.S.; (gg) Indecent exposure, in violation of section 18-7-302, C.R.S.; (hh) Violation of a protection order issued under section 18-1-1001 against a person charged with committing sexual assault in violation of section 18-3-402, sexual assault on a child in violation of section 18-3-405, sexual assault on a child by one in a position of trust in violation of section 18-3-405.3, sexual assault on a client by a psychotherapist in violation of section 18-3-405.5, or stalking in violation of section 18-3-602; (ii) Human trafficking in violation of section 18-3-503 or 18-3-504, C.R.S.; (jj) First degree burglary, in violation of section 18-4-202, C.R.S.; (kk) Retaliation against a judge, in violation of section 18-8-615, C.R.S.; retaliation against a prosecutor, in violation of section 18-8-616, C.R.S.; or retaliation against a juror, in violation of section 18-8-706.5, C.R.S.; (ll) Child prostitution, in violation of section 18-7-401, C.R.S.; soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.; pimping of a child, in violation of section 18-7-405, C.R.S.; inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.; or patronizing a prostituted child, in violation of section 18-7-406, C.R.S.; (mm) Posting a private image for harassment in violation of section 18-7-107 or posting a private image for pecuniary gain in violation of section 18-7-108. (1.2) "Cold case" means a felony crime reported to law enforcement that has remained unsolved for over one year after the crime was initially reported to law enforcement and for which the applicable statute of limitations has not expired. (1.3) "Correctional facility" means any private or public entity providing correctional services to offenders pursuant to a court order including, but not limited to a county jail, a community corrections provider, the division of youth services, and the department of corrections. (1.5) "Correctional official" means any employee of a correctional facility. (2) "Critical stages" means the following stages of the criminal justice process: (a) The filing of charges against a person accused of a crime; (a.5) The decision not to file charges against a person accused of a crime; (a.7) The decision to enter into a diversion agreement pursuant to section 18-1.3-101, C.R.S.; (b) The preliminary hearing; (c) (I) Any court action involving a bond reduction or modification at which the following occurs: (A) A bond is set lower than the scheduled or customary amount for the specific charge, including any adjustments made by the court to the amount of bond to correspond to the specific Colorado Revised Statutes 2019 Page 122 of 2372 Uncertified Printout charge to which the defendant pled guilty or for which the defendant was convicted, if the adjusted bond is lower than the scheduled or customary amount for the specific charge; (B) A change in the type of bond; (C) A modification to a condition of the bond; (D) A defendant is permitted to appear without posting a bond; (E) In a case involving a capital offense, the court grants the defendant's motion for admission to bail pursuant to section 16-4-101 (3), C.R.S.; or (F) For jurisdictions that do not have a bond schedule or customary amount for bond, a bond is modified to a lower amount than that set at the initial bond hearing. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), the following shall not constitute a bond reduction or modification: (A) The initial setting of a bond, whether set by the court at the first appearance or by another entity authorized to do so by the court prior to the first appearance; (B) The setting of a new bond upon the filing of charges by the district attorney, so long as the bond is set at or above the scheduled or customary amount for the specific charge filed; and (C) For nonbailable offenses pursuant to section 16-4-101, C.R.S., the subsequent setting of a bond by the court. (d) The arraignment of a person accused of a crime; (e) Any hearing on motions concerning evidentiary matters or pre-plea or post-plea relief; (e.5) Any subpoena for records concerning the victim's medical history, mental health, education, or victim's compensation; (f) Any disposition of the complaint or charges against the person accused; (g) The trial; (h) Any sentencing or resentencing hearing; (i) Any appellate review or appellate decision; (j) Any modification of the sentence pursuant to rule 35 (a) or 35 (b) of the Colorado rules of criminal procedure or any other provision of state or federal law; (j.5) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2-925 and as outlined in section 24-4.1-303 (13.5)(a); (k) Any probation revocation hearing; (k.3) The filing of any complaint, summons, or warrant by the probation department for failure to report to probation or because the location of a person convicted of a crime is unknown; (k.5) The change of venue or transfer of probation supervision from one jurisdiction to another; (k.7) The request for any release from probation supervision prior to the expiration of the defendant's sentence; (l) An attack on a judgment or conviction for which a court hearing is set; (m) Any parole application hearing and full parole board review hearing; (n) The parole, release, or discharge from imprisonment of a person convicted of a crime; (o) Any parole revocation hearing; Colorado Revised Statutes 2019 Page 123 of 2372 Uncertified Printout (p) The transfer to or placement of a person convicted of a crime in a nonsecured facility; (q) The transfer, release, or escape of a person charged with or convicted of a crime from any state hospital; (r) Any petition by a sex offender to terminate sex offender registration; (r.3) (I) Except as provided in subsection (2)(r.3)(II) of this section, any hearing concerning a petition for expungement as described in section 19-1-306. (II) The entry of an order of expungement is not a critical stage if: (A) The case resulted in a not guilty verdict at trial; (B) The case was dismissed in its entirety; (C) The juvenile completed a sentence for a petty offense, any drug petty offense, any level 1 or level 2 drug misdemeanor, or a class 2 or class 3 misdemeanor offense not involving unlawful sexual behavior as defined in section 16-22-109 (9), domestic violence as described in section 18-6-800.3, or a crime that is a crime listed under section 24-4.1-302 (1); or (D) The juvenile completed a sentence for a municipal offense not involving domestic violence as described in section 18-6-800.3. (s) The execution of an offender in a capital case; (t) A hearing held pursuant to section 18-1-414 (2)(b), C.R.S.; (u) The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing to establish the actual innocence of the person convicted of a crime against the victim; the results of any such postconviction DNA testing; and court proceedings initiated based on the result of the postconviction DNA testing. An inmate's written or oral request for such testing is not a "critical stage". (v) A hearing held pursuant to section 24-72-706 or 24-72-709. (3) "Lawful representative" means any person who is designated by the victim or appointed by the court to act in the best interests of the victim. (3.5) "Modification of sentence" means an action taken by the court to modify the length, terms, or conditions of an offender's sentence pursuant to rule 35 (a) or (b) of the Colorado rules of criminal procedure; a resentencing following a probation revocation hearing; or a request for early termination of probation. As used in this subsection (3.5), "action taken by the court" includes an order by the court modifying an offender's sentence upon review of the written motion without a hearing but does not include an order denying a motion to modify a sentence without a hearing. (4) "Significant other" means any person who is in a family-type living arrangement with a victim and who would constitute a spouse of the victim if the victim and such person were married. (5) "Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative. For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated. It is the intent of the general assembly that this definition of the term "victim" shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term "victim". Colorado Revised Statutes 2019 Page 124 of 2372 Uncertified Printout (6) "Victim's immediate family" means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim. (7) "Witness" means any natural person: (a) Having knowledge of the existence or nonexistence of facts relating to any crime; (b) Whose declaration under oath is received or has been received as evidence for any purpose; (c) Who has reported any crime to any peace officer, correctional officer, or judicial officer; (d) Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or (e) Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (7). Source: L. 84: Entire part added, p. 654, § 3, effective May 14. L. 87: (2) amended, p. 1581, § 35, effective July 10. L. 92: Entire section amended, p. 415, § 2, effective January 14, 1993. L. 93: (1)(k) and (1)(w) amended, p. 1653, § 53, effective July 1. L. 95: (1)(w) repealed, p. 1110, § 64, effective May 31; IP(1), (1)(bb), (1)(cc), (2)(c), (2)(e), (2)(l), and (5) amended and (1)(dd) added, p. 1402, § 4, effective July 1; (1)(k) and (1)(bb) amended, p. 1256, § 22, effective July 1. L. 97: (1)(cc) and (1)(dd) amended and (1)(cc.1), (1)(cc.3), (1)(cc.5), (1)(cc.6), (2)(k.3), (2)(k.5), and (2)(k.7) added, pp. 1560, 1561, §§ 4, 5, effective July 1. L. 99: (1)(cc.1) amended, p. 794, § 2, effective July 1. L. 2000: (1)(cc.6) amended and (1)(ee), (1)(ff), (1.3), and (1.5) added, pp. 241, 240, §§ 4, 3, effective March 29; (1)(n), (1)(o), and (1)(p) amended, p. 707, § 34, effective July 1. L. 2005: (1)(cc.3) amended, p. 1501, § 6, effective July 1. L. 2006: IP(1), (1)(ee), (2)(k.5), (2)(k.7), and (2)(p) amended and (1)(bb.3), (1)(bb.7), (1)(ee.3), (1)(ee.7), (1)(gg), (1)(hh), (1.2), (2)(a.5), (2)(e.5), (2)(r), and (2)(s) added, pp. 643, 644, §§ 1, 2, 3, effective July 1. L. 2007: (2)(l) amended, p. 839, § 1, effective May 14. L. 2008: (2)(c) amended, p. 325, § 1, effective April 7; (2)(r) and (2)(s) amended and (2)(t) added, p. 1513, § 3, effective May 28. L. 2010: (1)(cc.1) amended, (HB 10-1233), ch. 88, p. 296, § 7, effective August 11. L. 2011: (1)(s.3) added, (HB 11-1303), ch. 264, p. 1164, § 55, effective July 1, 2012. L. 2012: (1)(gg), (2)(s), (2)(t), and (5) amended and (1)(ii), (1)(jj), (1)(kk), (2)(u), and (3.5) added, (HB 12-1053), ch. 244, p. 1151, § 1, effective August 8. L. 2013: (2)(a.7) added, (HB 131156), ch. 336, p. 1958, § 7, effective August 7; (2)(r.3) added, (HB 13-1082), ch. 238, p. 1157, § 2, effective August 7. L. 2014: (1)(ii) amended, (HB 14-1273), ch. 282, pp. 1157, 1158, §§ 23, 26, effective July 1; (1)(ii), (1)(jj), (2)(j), and (5) amended and (1)(ll) and (2)(j.5) added, (HB 141148), ch. 95, p. 347, § 1, effective August 6. L. 2015: (1)(kk) amended, (HB 15-1229), ch. 239, p. 885, § 3, effective May 29. L. 2016: (2)(h) amended, (SB 16-181), ch. 353, p. 1452, § 6, effective June 10. L. 2017: (1.3) amended, (HB 17-1329), ch. 381, p. 1981, § 52, effective June 6; (1)(cc.6), (1)(hh), (2)(j.5), (2)(m), and (3.5) amended and (1)(mm) added, (SB 17-051), ch. 155, p. 527, § 1, effective August 9; (2)(r.3) amended, (HB 17-1204), ch. 206, p. 784, § 6, effective November 1. L. 2019: (2)(t) amended and (2)(v) added, (HB 19-1275), ch. 295, p. 2747, § 4, effective August 2. Editor's note: Amendments to subsection (1)(bb) by House Bill 95-1070 and House Bill 95-1346 were harmonized. Colorado Revised Statutes 2019 Page 125 of 2372 Uncertified Printout Cross references: For the legislative declaration contained in the 2008 act amending subsections (2)(r) and (2)(s) and enacting subsection (2)(t), see section 1 of chapter 322, Session Laws of Colorado 2008. 24-4.1-302.5. Rights afforded to victims - definitions. (1) In order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights: (a) The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process; (b) The right to be informed of and present for all critical stages of the criminal justice process as specified in section 24-4.1-302 (2); except that the victim shall have the right to be informed of, without being present for, the critical stages described in section 24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n), (2)(p), (2)(q), and (2)(u); (b.5) Repealed. (b.7) For a victim of a sex offense, the right to be informed of the filing of a petition by the perpetrator of the offense to terminate sex offender registration pursuant to section 16-22-113 (2) and (2.5); (b.9) The right to receive a free copy of the initial incident report from the investigating law enforcement agency; except that the release of a document associated with the investigation is at the discretion of the law enforcement agency based on the status of the case or security and safety concerns in a correctional facility, local jail, or private contract prison as defined in section 17-1-102, C.R.S.; (c) (I) Except as otherwise provided in subsection (1)(c)(II) of this section: (A) The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from county jail; (B) The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from custody other than county jail, is paroled, escapes from a secure or nonsecure correctional facility or program, or absconds from probation or parole. (II) With respect to the release, discharge, or permanent transfer of a person from a county jail or correctional facility, the provisions of subparagraph (I) of this paragraph (c) shall apply when the person released, discharged, or permanently transferred is no longer within the care and control of the supervising law enforcement or correctional agency. The provisions of subparagraph (I) of this paragraph (c) shall not apply to the temporary transfer of the care and control of a person from a county jail or a correctional facility by the supervising law enforcement or correctional agency to another equally or more secure county jail or correctional facility, so long as the person will return to the care and control of the transferring supervisory agency. (d) The right to be heard at any court proceeding: (I) Involving the defendant's bond as specified in section 24-4.1-302 (2)(c); (II) At which the court accepts a plea of nolo contendere; (III) At which the court accepts a negotiated plea agreement; (IV) At which a person accused or convicted of a crime against the victim is sentenced or resentenced; Colorado Revised Statutes 2019 Page 126 of 2372 Uncertified Printout (V) At which the sentence of a person accused or convicted of a crime against the victim is modified; (VI) At which the defendant requests a modification of the no contact provision of the mandatory criminal protection order under section 18-1-1001, C.R.S., or section 19-2-707, C.R.S.; (VII) Involving a subpoena for records concerning the victim's medical history, mental health, education, or victim compensation, or any other records that are privileged pursuant to section 13-90-107, C.R.S.; or (VIII) Involving a petition for expungement as described in section 19-1-306. (d.5) (I) If a victim or a victim's designee is unavailable to be present for the critical stages described in paragraph (d) of this subsection (1) and the victim or the victim's designee wishes to address the court, the right to request that the court, within the court's resources, arrange and provide the means for the victim and the victim's designee to provide input to the court beyond a written victim impact statement. (II) For purposes of this paragraph (d.5), "unavailable" means that the victim or the victim's designee is physically unable to attend the court hearing, may sustain a financial hardship to attend the court hearing, is concerned for his or her safety if he or she attends the court hearing, may suffer significant emotional impact by attending the hearing, or is unavailable for other good cause. (III) The victim or the victim's designee shall notify the district attorney within a reasonable time that he or she is unavailable to attend the court hearing. The district attorney's office shall then inform the court that the victim or the victim's designee, due to his or her unavailability, is requesting the court to arrange for and provide the means to address the court, which may include but need not be limited to appearing by phone or similar technology. The district attorney shall inform the victim or the victim's designee of the court's decision regarding an alternate arrangement. (IV) This subsection (1)(d.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth services in the department of human services, but is limited to participation by telephone. (e) The right to consult with the prosecution after any crime against the victim has been charged, prior to any disposition of the case, or prior to any trial of the case, and the right to be informed of the final disposition of the case; (f) The right to be informed by local law enforcement agencies, prior to the filing of charges with the court, or by the district attorney, after the filing of charges with the court, of the status of any case concerning a crime against the victim, and any scheduling changes or cancellations, if such changes or cancellations are known in advance; (g) The right to be present at the sentencing hearing, including any hearing conducted pursuant to section 18-1.3-1201 or 18-1.4-102, C.R.S., for cases involving class 1 felonies, of any person convicted of a crime against such victim, and to inform the district attorney and the court, in writing, by a victim impact statement, and by an oral statement, of the harm that the victim has sustained as a result of the crime, with the determination of whether the victim makes written input or oral input, or both, to be made at the sole discretion of the victim; (h) The right to have the court determine the amount, if any, of restitution to be paid to a victim pursuant to part 6 of article 1.3 of title 18, C.R.S., by any person convicted of a crime Colorado Revised Statutes 2019 Page 127 of 2372 Uncertified Printout against such victim for the actual pecuniary damages that resulted from the commission of the crime; (i) The right to be informed of the victim's right to pursue a civil judgment against any person convicted of a crime against the victim for any damages incurred by the victim as a result of the commission of the crime regardless of whether the court has ordered such person to make restitution to the victim; (i.5) (Deleted by amendment, L. 2006, p. 645, § 4, effective July 1, 2006.) (j) The right to be informed of any proceeding at which any postconviction release from confinement in a secure state correctional facility is being considered for any person convicted of a crime against the victim and the right to be heard at any such proceeding or to provide written information thereto. For purposes of this subsection (1), "proceeding" means reconsideration of sentence, a parole hearing, a full parole board review, commutation of sentence, or consideration for placement in the specialized program developed by the department of corrections pursuant to section 17-34-102. (j.2) The right to be informed of any request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be heard at any hearing during which a court considers such a request. For purposes of this subsection (1)(j.2), "request for progression" includes any request for offgrounds or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough. (j.3) The right to be notified of a referral of an offender to community corrections; (j.5) (I) The right to provide a written victim impact statement that will be included with any referral made by the department of corrections or a district court to place an offender in a community corrections facility or program. A community corrections board may allow a victim to provide an oral statement to the community corrections board when an offender is being considered for a direct sentence to community corrections and may place reasonable limits on the victim's oral statement. (II) For purposes of this paragraph (j.5), the victim shall have the right to provide a separate oral statement to the community corrections board considering a transitional referral, but the board shall have discretion to place reasonable parameters on the victim's oral statement. If a community corrections board denies the offender's referral to community corrections, the victim's right under this subparagraph (II) to provide an oral statement shall not take effect. (III) For purposes of this subsection (1)(j.5), if a victim or a victim's designee is unavailable to be present for a proceeding to consider an offender for a direct sentence or transitional referral to community corrections as described in subsection (1)(j.5)(I) of this section, and the victim or the victim's designee wishes to address the community corrections board, the victim or the victim's designee shall notify the community corrections board within a reasonable time that the victim is unavailable to attend the proceeding but would like to make a statement. Within its resources, the community corrections board shall arrange for and provide the means for the victim to address the board, which means may include, but need not be limited to, appearing by phone or via similar technology. (IV) For purposes of this subsection (1)(j.5), "unavailable" means the victim or the victim's designee is physically unable to attend the proceeding, may sustain a financial hardship to attend the proceeding, is concerned for his or her safety if he or she attends the proceeding, Colorado Revised Statutes 2019 Page 128 of 2372 Uncertified Printout may suffer significant emotional impact by attending the proceeding, or is unavailable for other good cause. (V) This subsection (1)(j.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth corrections in the department of human services but is limited to participation by phone or similar technology. (j.7) The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department; (k) The right to promptly receive any property that belongs to a victim and that is being held by a prosecutorial or law enforcement agency unless there are evidentiary reasons for the retention of such property; (l) The right to be informed of the availability of financial assistance and community services for victims, the immediate families of victims, and witnesses, which assistance and community services shall include, but shall not be limited to, crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, and financial assistance services, and the right to be informed about the application process for such services; (l.5) The right to be informed about the possibility of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences; (m) The right to be informed about what steps can be taken by a victim or a witness, including information regarding protection services, in case there is any intimidation or harassment by a person accused or convicted of a crime against the victim, or any other person acting on behalf of the accused or convicted person; (n) The right to be provided with appropriate employer intercession services to encourage the victim's employer to cooperate with the criminal justice system in order to minimize the loss of employment, pay, or other benefits resulting from a victim's court appearances or other required meetings with criminal justice officials; (o) The right to be assured that in any criminal proceeding the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings; (p) The right to be provided, whenever practicable, with a secure waiting area during court proceedings that does not require a victim or a witness to be seen or to be in close proximity to the person accused or convicted of a crime against the victim or such person's family or friends; (q) The right to be informed when a person convicted of a crime against the victim is placed in or transferred to a less secure public or private correctional facility or program; (q.5) The right to be informed of the results of a probation or parole revocation hearing; (r) The right to be informed when a person who is or was charged with or convicted of a crime against the victim escapes or is permanently or conditionally transferred or released from any public hospital, private hospital, or state hospital; (s) The right to be informed of any rights which the victim has pursuant to the constitution of the United States or the state of Colorado; (t) The right to be informed of the process for enforcing compliance with this article pursuant to section 24-4.1-303 (17); Colorado Revised Statutes 2019 Page 129 of 2372 Uncertified Printout (u) The right to be informed of the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S.; (v) The right to prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, or other locating information of the victim unless the victim consents or the court orders disclosure upon a finding that a reasonable and articulable need for the information exists. Any proceeding conducted by the court concerning whether to order disclosure shall be in camera. (w) The right to have the district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from a criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, the defense attorney of record, the defense attorney's agent, or a criminal justice agency that has duties under this article; (x) The right to be notified of how to request protection of their address pursuant to the Colorado rules of criminal procedure; (y) The right to receive a copy of the victim impact statement form from the district attorney's office; (z) The right to be notified of a hearing concerning any motion filed for or petition for sealing of records described in section 24-72-704 filed by a defendant in the criminal case whose crime falls under section 24-4.1-302 (1); (aa) The right to be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed. (1.6) The right to be informed of the existence of a criminal protection order under section 18-1-1001, C.R.S., or section 19-2-707, C.R.S., and, upon request of the victim, information about provisions that may be added or modified, and the process for requesting such an addition or modification. (2) Subsection (1) of this section shall not be construed to imply that any victim who is incarcerated by the department of corrections or any local law enforcement agency has a right to be released to attend any hearing or that the department of corrections or the local law enforcement agency has any duty to transport such incarcerated victim to any hearing. (3) Municipalities and municipal courts shall be encouraged to adopt policies which afford the rights granted to crime victims pursuant to this section to crime victims at the municipal court level, to the extent the adoption of such policies is practicable in the particular municipality. (4) (a) If a victim contacts a criminal justice agency regarding a crime that occurred before 1993, and the offender who committed the crime is currently serving a sentence for the crime, the victim may request notification of any future critical stages of the criminal proceedings. This provision does not require a criminal justice agency to proactively locate victims of crimes that occurred before 1993. (b) If an arrest is made for a crime committed before 1993 that was previously unsolved, the appropriate criminal justice agency shall notify the crime victim of all future critical stages. Colorado Revised Statutes 2019 Page 130 of 2372 Uncertified Printout Source: L. 92: Entire section added, p. 418, § 3, effective January 14, 1993. L. 94: (1)(i.5) added, p. 2042, § 25, effective July 1. L. 95: (1)(b), (1)(c), (1)(e), (1)(h), (1)(i.5), (1)(j), and (1)(p) to (1)(r) amended and (1)(j.5) added, p. 1403, § 5, effective July 1. L. 97: (1)(g) amended, p. 47, § 1, effective March 21; (1)(r) and (1)(s) amended and (1)(t) added, p. 1561, § 6, effective July 1. L. 2000: (1)(d), (1)(q), and (1)(r) amended and (1)(j.7) and (1)(u) added, p. 241, § 5, effective March 29; (1)(h) amended, p. 1051, § 21, effective September 1. L. 2002: (1)(g) amended, p. 1530, § 240, effective October 1. L. 2002, 3rd Ex. Sess.: (1)(g) amended, p. 34, § 31, effective July 12 and (1)(g) amended, p. 34, § 32, effective October 1. L. 2006: (1)(b), (1)(c), (1)(g), (1)(h), (1)(i.5), (1)(j.5), (1)(k), (1)(t), and (1)(u) amended and (1)(b.5), (1)(j.3), and (1)(v) added, p. 645, § 4, effective July 1. L. 2007: (1)(b.5) amended and (1)(b.7) added, pp. 839, 840, §§ 2, 3, effective May 14. L. 2008: (1)(d) amended, p. 326, § 2, effective April 7. L. 2009: (1)(j.5) amended, (HB 09-1181), ch. 76, p. 276, § 1, effective August 5. L. 2011: (1)(l.5) added, (HB 11-1032), ch. 296, p. 1408, § 19, effective August 10. L. 2012: (1)(b), (1)(c)(II), (1)(d)(V), (1)(d)(VI), (1)(j.5)(I), (1)(m), and (1)(u) amended and (1)(d)(VII), (1)(d.5), (1)(w), (1)(x), (1)(y), (1.6), and (4) added, (HB 12-1053), ch. 244, p. 1152, § 2, effective August 8. L. 2013: (1)(b) amended, (HB 13-1156), ch. 336, p. 1958, § 8, effective August 7; (1)(d)(VI) and (1)(d)(VII) amended and (1)(d)(VIII) added, (HB 13-1082), ch. 238, p. 1157, § 3, effective August 7; (1)(l.5) amended, (HB 13-1254), ch. 341, p. 1990, § 11, effective August 7. L. 2014: (1)(b.9) and (1)(z) added and (1)(d.5)(IV) and (4) amended, (HB 14-1148), ch. 95, p. 348, § 2, effective August 6. L. 2015: (1)(z) amended, (SB 15-264), ch. 259, p. 958, § 61, effective August 5. L. 2016: (1)(d)(IV) amended, (SB 16-181), ch. 353, p. 1452, § 7, effective June 10; IP(1) and (1)(u) amended, (SB 16-146), ch. 230, p. 919, § 16, effective July 1; (1)(j) amended, (SB 16-180), ch. 352, p. 1445, § 5, effective August 10. L. 2017: (1)(d.5)(IV) amended, (HB 17-1329), ch. 381, p. 1981, § 53, effective June 6; (1)(j) amended and (1)(j.2), (1)(j.5)(III), (1)(j.5)(IV), (1)(j.5)(V), (1)(q.5), and (1)(aa) added, (SB 17-051), ch. 155, p. 528, § 2, effective August 9; (1)(d)(VIII) amended, (HB 17-1204), ch. 206, p. 785, § 7, effective November 1. L. 2018: (1)(b.7) amended, (SB 18-026), ch. 143, p. 926, § 4, effective August 8. L. 2019: (1)(b.5) repealed and (1)(c)(I), (1)(j), (1)(q), and (1)(r) amended, (HB 19-1064), ch. 296, p. 2750, § 4, effective May 28; (1)(z) amended, (HB 19-1275), ch. 295, p. 2748, § 5, effective August 2. Cross references: (1) For the legislative declaration contained in the 2002 act amending subsection (1)(g), see section 1 of chapter 318, Session Laws of Colorado 2002. (2) For the legislative declaration contained in the 2002 Third Extraordinary Session act amending subsection (1)(g), see section 16 of chapter 1, Session Laws of Colorado 2002, Third Extraordinary Session. (3) For the legislative declaration in SB 16-180, see section 1 of chapter 352, Session Laws of Colorado 2016. 24-4.1-303. Procedures for ensuring rights of victims of crimes. (1) Law enforcement agencies, prosecutorial agencies, judicial agencies, and correctional agencies shall ensure that victims of crimes are afforded the rights described in section 24-4.1-302.5. (2) Upon request of a victim, all correctional officials shall keep confidential the address, telephone number, place of employment, or other personal information of such victim or members of such victim's immediate family. Colorado Revised Statutes 2019 Page 131 of 2372 Uncertified Printout (3) The district attorney's office, if practicable, shall inform the victim of any pending motion that may substantially delay the prosecution. The district attorney shall inform the court of the victim's position on the motion, if any. If the victim has objected, the court shall state in writing or on the record prior to granting any delay that the objection was considered. (3.5) The district attorney's office, if practicable, shall inform the victim of any pending motion or decision by the district attorney to sequester the victim from a critical stage in the case. The district attorney shall inform the court of the victim's position on the motion or the district attorney's decision, if any. If the victim has objected, then the court, before granting the sequestration order, shall state in writing or on the record that the victim's objection was considered and state the basis for the court's decision. (4) After a crime has been charged, unless inconsistent with the requirements of investigative activities, the district attorney shall consult, where practicable, with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, seeking of death penalty, or other disposition. Failure to comply with this subsection (4) shall not invalidate any decision, agreement, or disposition. This subsection (4) shall not be construed as a restriction on or delegation of the district attorney's authority under the constitution and laws of this state. (5) All reasonable attempts shall be made to protect any victim or the victim's immediate family from harm, harassment, intimidation, or retaliation arising from cooperating in the reporting, investigation, and prosecution of a crime. Law enforcement officials and the district attorney shall provide reasonable efforts to minimize contact between the victim and the victim's immediate family and the defendant and the relatives of the defendant before, during, and immediately after a judicial proceeding. Whenever possible, a waiting area shall be provided that is separate in both proximity and sight from that of the defendant, the defendant's relatives, and any defense witnesses. (6) (a) A victim or an individual designated by the victim may be present at all critical stages of a criminal proceeding regarding any crime against such victim unless the court or the district attorney determines that exclusion of the victim is necessary to protect the defendant's right to a fair trial or the confidentiality of juvenile proceedings. If the victim is present, the court, at the victim's request, may permit the presence of an individual to provide support to the victim. (b) A victim may be present at the phase of the trial at which the defendant is determined to be guilty or not guilty and may be heard at such phase of the trial if called to testify by the district attorney, defense, or court if any such statement would be relevant. (c) The court shall make all reasonable efforts to accommodate the victim upon the return of a verdict by the jury. If the court is informed by the district attorney that the victim is en route to the courtroom for the reading of the verdict, the court shall state on the record that it has considered the information provided by the district attorney prior to the return of the verdict by the jury. (7) When a victim's property is no longer needed for evidentiary reasons, the district attorney or any law enforcement agency shall, upon request of the victim, return such property to the victim within five working days unless the property is contraband or subject to forfeiture proceedings. (8) An employer may not discharge or discipline any victim or a member of a victim's immediate family for honoring a subpoena to testify in a criminal proceeding or for participating in the preparation of a criminal proceeding. Colorado Revised Statutes 2019 Page 132 of 2372 Uncertified Printout (9) The district attorney and any law enforcement agency shall inform each victim as to the availability of the following services: (a) Follow-up support for the victim and the victim's immediate family in order to ensure that the necessary assistance is received by such persons; (b) Services for child victims and elderly victims, and services for victims who are persons with disabilities, which are directed to the special needs of such victims; (c) Referral to special counseling facilities and community service agencies by providing the names and telephone numbers of such facilities or agencies, whether public or private, which provide such services as crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, financial assistance, and other support services; (d) Transportation and household assistance to promote the participation of any victim or the victim's immediate family in the criminal proceedings; (e) Assistance in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of a crime; (f) Interpretation services and information printed in languages other than the English language; (g) Child care services to enable a victim or the victim's immediate family to give testimony or otherwise participate in the prosecution of a criminal proceeding; and (h) The existence of a criminal protection order under section 18-1-1001, C.R.S., or section 19-2-707, C.R.S., and, upon request of the victim, information about provisions that may be added or modified and the process for requesting such an addition or modification. (10) (a) After the initial contact between a victim and a law enforcement agency responsible for investigating a crime, the agency shall promptly give the victim the following information in writing: (I) A statement of the victim's rights as enumerated in this article; (II) Information concerning the availability of victim assistance, medical, and emergency services; (III) Information concerning the availability of compensatory benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits; (IV) The availability of protection for the victim from the person accused of committing a crime against the victim, including protective court orders; and (V) The right of a victim to request a copy of the law enforcement report and other documents related to the case, including the right to receive a free copy of the initial incident report. The release of any documents associated with the investigation is at the discretion of the law enforcement agency based on the status of the case. (b) As soon as available, the law enforcement agency shall give to each victim, as appropriate, the following information: (I) The business address and business telephone number of the office of the district attorney; (II) The file number of the case and the name, business address, and business telephone number of any law enforcement officer assigned to investigate the case; (III) Unless such information would be inconsistent with the requirements of the investigation, information as to whether a suspect has been taken into custody and, if known, Colorado Revised Statutes 2019 Page 133 of 2372 Uncertified Printout whether the suspect has been released, any conditions imposed upon such release, and further notification that may be required pursuant to section 24-4.1-302.5 (1)(c); (IV) The law enforcement agency shall provide the victim in a cold case information concerning any change in the status of the case. In addition, the law enforcement agency shall provide an update at least annually to the victim concerning the status of a cold case involving one or more crimes for which the criminal statute of limitations is longer than three years. (V) Any final decision not to file misdemeanor charges against a person accused of committing any crime specified in section 24-4.1-302 (1) against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case. (11) The district attorney shall inform a victim of the following: (a) The filing of charges against a person accused of committing any of the crimes specified in section 24-4.1-302 (1) against the victim, including an explanation of the charges when necessary; or a final decision not to file felony charges against a person for whom law enforcement has requested, pursuant to section 16-21-103 (2)(a), C.R.S., the filing of charges for any of the crimes specified in section 24-4.1-302 (1) committed against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case; (a.5) The charges to be filed, prior to filing of the charges, if the most serious charge to be filed is lower than the most serious charge for which the individual was arrested and the filing of the lower charge may result in the court issuing a new, lower bond; (b) Any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j) and (2)(l) of a criminal proceeding relating to a person accused of a crime against the victim; except that the district attorney shall not be obligated to inform the victim of any appellate review undertaken by the attorney general's office; (b.5) Any critical stage described in section 24-4.1-302 (2)(r.3) relating to a hearing concerning a petition for the expungement of juvenile records, which records concern an offense committed by the juvenile against the victim; (b.7) Any motion filed or any hearing concerning a motion or petition for sealing of records as described in section 24-72-706 or 24-72-709 that was filed by a defendant in the criminal case and whose crime falls under section 24-4.1-302 (1). The notification should be made using the last known contact information that is available for the victim. (c) The assignment of any case regarding a crime against the victim, including the file number of such case and, if available, the name, business address, and business telephone number of any deputy district attorney assigned to the case, and the court room to which the case is assigned; (d) The date, time, and place of any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j) and (2)(l) of the proceeding; (e) The availability of benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits; (f) The availability of transportation to and from any court proceeding for any victim, except as provided in section 24-4.1-302.5 (2); (g) The availability of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences; Colorado Revised Statutes 2019 Page 134 of 2372 Uncertified Printout (h) The right to complete a written victim impact statement. The victim has the option to complete the statement on a form provided by the district attorney's office. The district attorney shall inform the victim that the defendant has a right to view the victim impact statement. (i) The availability of the district attorney to seek a court order to protect a victim's residential address. (12) Unless a victim requests otherwise, the district attorney shall inform each victim of the following: (a) The function of a presentence report, including the name and telephone number of the probation office preparing any such report regarding a person convicted of a crime against the victim, and the right of a victim, or a member of the victim's immediate family, to make a victim impact statement pursuant to this article; (b) The defendant's right to view the presentence report and the victim impact statement; (c) The date, time, and location of any sentencing or resentencing hearing; (d) The right of the victim, or a member of the victim's immediate family, to attend and to express an opinion at the sentencing hearing as to the appropriateness of any sentence proposed to the court for consideration; (e) Any sentence imposed; (f) (I) The date, time, and location of any hearing for modification of a sentence pursuant to rule 35 (a) or rule 35 (b) of the Colorado rules of criminal procedure or any provision of state or federal law; except that a district attorney is not required to inform each victim of a resentencing following a probation revocation hearing or a request for early termination of probation. For both probation revocation hearings and requests for early termination, it is the responsibility of the probation department to notify the victim if the victim has requested postsentencing notification. (II) If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the district attorney, and the district attorney shall notify and receive input from the victim to give to the court before the court rules on the motion. (III) If the court has reviewed and denied the written motion without a hearing, the district attorney is not required to notify the victim regarding the filing of or ruling on the motion. (IV) This paragraph (f) does not modify the probation department's responsibility to notify a victim that has opted to receive notifications described in subsection (13.5) of this section. (f.5) Any motion to modify the terms and conditions of an unsupervised deferred sentence for which the district attorney's office is the monitoring agency. The procedures for notifying victims outlined in subparagraphs (I) and (II) of paragraph (f) of this subsection (12) apply to the district attorney and the court with regard to this motion. (g) The right to receive information from correctional officials concerning the imprisonment and release of a person convicted of a crime against the victim pursuant to subsection (14) of this section; (g.5) The right to receive information from the state mental health hospital concerning the custody and release of an offender who was ordered by a court into the hospital's custody pursuant to subsection (14.2) of this section; Colorado Revised Statutes 2019 Page 135 of 2372 Uncertified Printout (h) The right to receive information from the probation department concerning information outlined in subsection (13.5) of this section regarding a person convicted of a crime against the victim; (i) The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing to establish the actual innocence of the person convicted of a crime against the victim. If court proceedings are initiated based on the results of the postconviction DNA testing, the victim shall be notified of the court proceedings by the district attorney's office that filed and prosecuted the charges resulting in the entry of the judgment of conviction challenged by the defendant. If the attorney general's office is the agency that decides to conduct postconviction DNA testing, the attorney general's office is responsible for notifying the victim. (j) The right to be informed of a request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim. (13) If a person convicted of a crime against the victim seeks appellate review or attacks the conviction or sentence, the district attorney or the office of the attorney general, whichever is appropriate, shall inform the victim of the status of the case and of the decision of the court. (13.5) (a) Following a sentence to probation and upon the written request of a victim, the probation department shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim: (I) The location and telephone number of the probation department responsible for the supervision of the person; (II) The date of the person's termination from probation supervision; (III) Any request for release of the person in advance of the person's imposed sentence or period of probation, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for early termination of probation and is considering granting the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied such a request without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the request. (IV) Any probation revocation or modification hearing at which the person's sentence may be reconsidered or modified and any changes in the scheduling of the hearings, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied the written motion without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the motion. (V) Any motion filed by the probation department requesting permission from the court to modify the terms and conditions of probation as described in section 18-1.3-204 or 19-2-925 if the motion has not been denied by the court without a hearing; Colorado Revised Statutes 2019 Page 136 of 2372 Uncertified Printout (V.5) Any change of venue, transfer of probation supervision from one jurisdiction to another, or interstate compact transfer of probation supervision; (VI) Any complaint, summons, or warrant filed by the probation department for failure to report to probation or because the location of a person convicted of a crime is unknown; (VII) The death of the person while under the jurisdiction of the probation department; (VIII) Concerning domestic violence cases, any conduct by the probationer that results in an increase in the supervision level by the probation department; and (IX) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2-925. (b) Repealed. (14) Upon receipt of a written victim impact statement as provided in section 24-4.1302.5 (1)(j.5), the department of corrections shall include the statement with any referral made by the department of corrections or a district court to place an offender in a public or private community corrections facility or program. The department of corrections or the public or private local corrections authorities shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim: (a) The institution in which such person is incarcerated or otherwise being held; (b) The projected date of such person's release from confinement; (c) Any release of such person on furlough or work release or to a community correctional facility or other program, or statutory discharge in advance of such release; (d) Any scheduled parole hearings or full parole board reviews regarding the person and any changes in the scheduling of such hearings, including notification of the victim's right to be present and heard at such hearings; (e) Any escape by such person or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, or other program, and any subsequent recapture of such person; (f) Repealed. (g) The transfer to or placement in a nonsecured facility of a person convicted of a crime, any release or discharge from confinement of the person, and any conditions attached to the release; (h) The death of the person while in custody or while under the jurisdiction of the state of Colorado concerning the crime; (i) The transition of the person from a residential facility to a nonresidential setting; (j) Any decision by the parole board and any decision by the governor to commute the sentence of the person or pardon the person; and (k) The date, time, and location of a scheduled execution. (14.1) The Colorado mental health institute at Pueblo, or the Colorado mental health institute at Fort Logan, as may be applicable, shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim: (a) The institution in which the person resides; (b) Any release of the person on furlough or other program, in advance of such release; (c) Any other transfer or release from the state hospital; (d) Any escape by the person and any subsequent recapture of the person; and (e) The death of the person while in custody or while under the jurisdiction of the state. Colorado Revised Statutes 2019 Page 137 of 2372 Uncertified Printout (14.2) Upon receipt of a written statement as provided in section 24-4.1-302.5 (1)(j.5), the department of human services, division of youth services, shall include the statement with any referral made by the department of human services or a district court to place an offender in a public or private community corrections facility or program. The department of human services and any state hospital shall notify the victim of the following information regarding any person who was charged with or adjudicated of a crime against the victim: (a) The institution in which such person is incarcerated or otherwise being held; (b) The projected date of such person's release from confinement; (c) Any release of such person on furlough or work release or to a community correctional facility or other program, in advance of such release; (d) Repealed. (e) Any escape by the person or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, parole supervision, or other program, and any subsequent recapture of the person; (f) Any decision by the governor to commute the sentence of the person or pardon the person; (g) The transfer to or placement in a nonsecured facility of a person adjudicated of a crime, any release or discharge from the sentence of the person, and any conditions attached to the release; (h) The death of the person while in custody or while under the jurisdiction of the state; (i) Any request by the department of human services to the juvenile court to modify the sentence to commitment and any decision by the juvenile court to modify the sentence to commitment; and (j) Any placement change that occurs during the person's parole that may affect the victim's safety, as determined by the division of youth services. (14.3) Upon receipt of a written statement from the victim, the juvenile parole board shall notify the victim of the following information regarding any person who was charged with or adjudicated of an offense against the victim: (a) Any scheduled juvenile parole hearings pursuant to sections 19-2-1002 and 19-21004 regarding the person, any change in the scheduling of such a hearing in advance of the hearing, the victim's right to be present and heard at such hearings, the results of any such hearing, any parole decision to release the person, and the terms and conditions of any such release; (b) Any escape by the person while serving juvenile parole and any subsequent recapture of the person; (c) Any placement change that occurs during the period of parole that may impact the victim's safety or public safety as determined by the division of youth services; and (d) Any discharge from juvenile parole. (14.4) The court or its designee, pursuant to section 18-3-415, C.R.S., shall disclose the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S., to any victim of a sexual offense in the case in which the testing was ordered. Disclosure of diagnostic test results must comply with the requirements of section 25-4-410 (2), C.R.S. Colorado Revised Statutes 2019 Page 138 of 2372 Uncertified Printout (14.5) (a) At any proceeding specified in section 24-4.1-302.5 (1)(d), the court shall inquire whether the victim is present and wishes to address the court. The court shall advise the victim of his or her right to address the court regarding issues relevant to the case. (b) At a proceeding specified in section 24-4.1-302.5 (1)(d)(VII), involving a subpoena for records of a victim, the court shall ascertain whether the victim received notice from the district attorney's office of the subpoena. After considering all evidence relevant to the subpoena, the court shall deny a request for a victim's records that are privileged pursuant to section 13-90107, C.R.S., unless the court makes a finding supported by specific facts that a victim has expressly or impliedly waived the victim's statutory privilege specified in section 13-90-107, C.R.S. (c) The court shall inform the probation department and the district attorney's office before any hearing regarding any request by the probationer for early termination of probation or any change in the terms and conditions of probation. (14.7) (a) The court or its designee shall ensure that victim information be provided to any entity responsible for victim notification after the defendant is sentenced. (b) The court shall notify the victim of petitions filed by sex offenders to cease sex offender registration pursuant to section 16-22-113 (2) and (2.5). (15) (a) Unless specifically stated otherwise, the requirements of this section to provide information to the victim may be satisfied by either written, electronic, or oral communication with the victim or the victim's designee. The person responsible for providing the information shall do so in a timely manner and advise the victim or the victim's designee of any significant changes in the information. The victim or the victim's designee shall keep appropriate criminal justice authorities informed of the name, address, electronic mail address, if available, and telephone number of the person to whom the information should be provided, and any changes of the name, address, electronic mail address, and telephone number. (a.5) A victim who turns eighteen years of age has the right to request notification from a criminal justice agency and to become the primary point of contact. The designee for the victim shall also continue to receive notifications if the designee has requested notification; except that the notifying agency has the discretion to notify only the victim if the victim so requests or if the agency deems that extenuating and documentable circumstances justify discontinuing notification to the victim's designee. The right of a victim's designee to address the court remains in effect even if the victim requests notification from a criminal justice agency. (b) An agency that is required to notify a victim under this part 3 shall make reasonable attempts to contact the victim or the victim's designee by mail, electronic communication, if the victim or the victim's designee has provided an electronic mail address, and by telephone. If the victim or the victim's designee does not provide the agency with a forwarding address, electronic mail address, and telephone number and the agency is unable to locate the victim or the victim's designee after reasonable attempts have been made to contact the victim or the victim's designee, the agency shall be deemed to have met its obligation under this part 3 and shall not be required to notify the victim or victim's designee until the victim or victim's designee provides the agency with the current address, electronic mail address, if available, and telephone of the victim and the name of the victim's current designee, if applicable. (c) An agency that is required to notify a victim under this part 3 may use an automated victim notification system. Colorado Revised Statutes 2019 Page 139 of 2372 Uncertified Printout (16) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this article. (17) Any affected person, except as provided in subsection (16) of this section, may enforce compliance with this article by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this article. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this article. A person, corporation, or other legal entity shall not be entitled to claim or to receive any damages or other financial redress for any failure to comply with this article. (18) The district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo shall make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from any criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, a criminal justice agency that has duties under this article, or the attorney for the defendant. Source: L. 84: Entire part added, p. 655, § 3, effective May 14. L. 87: (1)(i.5) added, p. 922, § 1, effective July 1. L. 92: Entire section amended, p. 421, § 4, effective January 14, 1993. L. 94: IP(14) amended, p. 2693, § 229, effective July 1. L. 95: (3) to (5), (10)(a)(I), (11)(a), (11)(b), IP(14), (14)(c), (14)(e), (14)(g), and (14)(h) amended and (14.5) added, p. 1404, § 6, effective July 1. L. 97: (13.5) added, p. 1562, § 7, effective July 1. L. 2000: (2), (6), and IP(14) amended and (14.3) and (14.7) added, p. 241, § 6, effective March 29. L. 2001: (13.5) amended, p. 32, § 2, effective August 8. L. 2002: (13.5)(b) repealed, p. 123, § 1, effective August 7. L. 2006: (9)(f), (10)(b)(II), (11)(a), (11)(b), (11)(d), (13.5)(a)(III), (13.5)(a)(V), (13.5)(a)(VI), (13.5)(a)(VII), IP(14), (14.7), and (15) amended and (10)(b)(IV), (10)(b)(V), (13.5)(a)(VIII), and (14.2) added, pp. 646, 647, 648, §§ 5, 6, 7, 8, 9, 10, effective July 1. L. 2007: IP(14.2) amended, p. 840, § 4, effective May 14. L. 2008: (11)(a.5) added, p. 327, § 3, effective April 7; (14.2)(g), (14.2)(h), and (14.3) amended and (14.2)(i) and (14.4) added, p. 1108, §§ 14, 15, effective July 1. L. 2009: (1), (9)(a), and (17) amended, (SB 09-047), ch. 129, p. 557, § 6, effective July 1. L. 2011: (11)(e) and (11)(f) amended and (11)(g) added, (HB 11-1032), ch. 296, p. 1408, § 20, effective August 10. L. 2012: (9)(f), (9)(g), IP(10)(a), (10)(a)(V), (11)(f), (11)(g), (12)(e), (12)(f), (13.5)(a)(V), IP(14), (14)(g), (14)(h), (14.5), and (15) amended and (9)(h), (11)(h), (11)(i), (12)(f.5), (12)(h), (12)(i), (13.5)(a)(V.5), (14)(i), and (18) added, (HB 12-1053), ch. 244, p. 1154, § 3, effective August 8. L. 2013: (11)(b.5) added, (HB 13-1082), ch. 238, p. 1158, § 4, effective August 7; (11)(g) amended, (HB 13-1254), ch. 341, p. 1990, § 12, effective August 7. L. 2014: (11)(b.7) and (13.5)(a)(IX) added, (HB 14-1148), ch. 95, p. 349, § 3, effective August 6. L. 2015: (11)(b.7) amended, (SB 15-264), ch. 259, p. 958, § 62, effective August 5. L. 2016: (12)(c) amended, (SB 16-181), ch. 353, p. 1452, § 8, effective June 10; (14.4) amended, (SB 16146), ch. 230, p. 920, § 17, effective July 1. L. 2017: (14.3)(c) amended, (HB 17-1329), ch. 381, p. 1981, § 54, effective June 6; (3.5), (12)(g.5), (12)(j), (14)(j), (14)(k), (14.1), (14.2)(j), and (14.5)(c) added, (9)(g), (10)(b)(III), (12)(f)(I), (12)(g), (12)(h), (13.5)(a)(III), (13.5)(a)(IV), (13.5)(a)(V), (13.5)(a)(VIII), (13.5)(a)(IX), (14)(c), (14)(d), (14)(h), IP(14.2), (14.2)(e), Colorado Revised Statutes 2019 Page 140 of 2372 Uncertified Printout (14.2)(f), (14.2)(g), (14.2)(h), (14.2)(i), IP(14.3), and (14.3)(a) amended, and (14)(f) and (14.2)(d) repealed, (SB 17-051), ch. 155, p. 529, § 3, effective August 9. L. 2018: (14.7)(b) amended, (SB 18-026), ch. 143, p. 926, § 5, effective August 8. L. 2019: (10)(b)(III), (10)(b)(IV), (12)(g), (12)(g.5), IP(14), IP(14.1), and IP(14.2) amended, (HB 19-1064), ch. 296, p. 2751, § 5, effective May 28; (11)(b.7) amended, (HB 19-1275), ch. 295, p. 2748, § 6, effective August 2. Cross references: For content of victim impact statements, see § 16-11-102 (1.5); for the right of victims to attend sentencing hearings and parole hearings, see §§ 16-11-601 and 17-2214; for the issuance of protection orders against defendants, see § 18-1-1001; for restitution to victims of crime, see article 28 of title 17. 24-4.1-304. Child victim or witness - rights and services. (1) In addition to all rights afforded to a victim or witness under section 24-4.1-302.5, law enforcement agencies, prosecutors, and judges are encouraged to designate one or more persons to provide the following services on behalf of a child who is involved in criminal proceedings as a victim or a witness: (a) To explain, in language understood by the child, all legal proceedings in which the child will be involved; (b) To act, as a friend of the court, to advise the judge, whenever appropriate, of the child's ability to understand and cooperate in any court proceeding; (c) To assist the child and the child's family in coping with the emotional impact of the crime and any subsequent criminal proceeding in which the child is involved; (d) To advise the district attorney concerning the ability of a child witness to cooperate with the prosecution and concerning the potential effects of the proceeding on the child. Source: L. 84: Entire part added, p. 656, § 3, effective May 14. L. 85: IP(1) amended, p. 1361, § 18, effective June 28. L. 92: IP(1) amended, p. 427, § 5, effective January 14, 1993. 24-4.1-305. Disclosure by agent of defense-initiated victim outreach required definition. (1) When any person attempting defense-initiated victim outreach contacts any victim of any crime, the person shall immediately provide full and unambiguous disclosure of: (a) The person's legal name; and (b) The fact that the person is acting as an agent for the person accused of the crime or for the defense team of such person. (2) (a) As used in this section, unless the context requires otherwise, "defense-initiated victim outreach" means any effort by the defense team, including but not limited to a victim liaison, victim outreach specialist, social worker, investigator, or other individual, to directly or indirectly contact a victim or a victim's family member on behalf of the defendant or defense counsel. (b) The definition in paragraph (a) of this subsection (2) does not require the identified members of a defense team to comply with any guidelines or standards promulgated by any professional defense-initiated victim outreach organization. Colorado Revised Statutes 2019 Page 141 of 2372 Uncertified Printout Source: L. 2015: Entire section added, (HB 15-1218), ch. 155, p. 463, § 1, effective August 5. ARTICLE 4.2 Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act Cross references: For constitutional provisions relating to the rights of crime victims, see section 16a of article II of the Colorado constitution; for the "Colorado Victim and Witness Protection Act of 1984", see part 7 of article 8 of title 18; for compensation to crime victims, see parts 1 and 2 of article 4.1 of this title; for rights of victims of and witnesses to crimes, see part 3 of article 4.1 of this title. 24-4.2-101. Victims and witnesses assistance and law enforcement board - creation. (1) There is hereby created in each judicial district a victims and witnesses assistance and law enforcement board, referred to in this article as the "board". Each board shall be composed of five members to be appointed by the chief judge of the judicial district. In making such appointments, the chief judge shall consider whether an appointee represents or belongs to an organization, public or private, which might reasonably be anticipated to be a recipient of moneys pursuant to this article. In multicounty judicial districts, to the extent possible, members shall fairly reflect the population of the judicial district. The board shall designate one of its members as chairman. (2) The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a one-year term, two for two-year terms, and two for three-year terms. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board. (3) Members of the board shall receive no compensation. Source: L. 84: Entire article added, p. 661, § 22, effective July 1. L. 90: (2) amended, p. 1181, § 4, effective July 1. 24-4.2-102. District attorney to assist board. The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this article. Source: L. 84: Entire article added, p. 662, § 22, effective July 1. 24-4.2-103. Victims and witnesses assistance and law enforcement fund - control of fund. (1) The victims and witnesses assistance and law enforcement fund is hereby established in the office of the court administrator of each judicial district and is referred to in this article as the "fund". The fund shall consist of all moneys paid as a surcharge as provided in section 244.2-104. Colorado Revised Statutes 2019 Page 142 of 2372 Uncertified Printout (1.5) In addition to the moneys paid into the fund pursuant to subsection (1) of this section, the fund shall consist of moneys paid pursuant to section 17-27-104 (4)(b)(IV), C.R.S. (2) All moneys deposited in the fund shall be deposited in an interest-bearing account which would be a legal investment for the state treasurer. All interest earned by moneys in the fund shall be credited to the fund. (3) At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for allocation as originally designated under section 24-4.2-105. (4) All moneys deposited in the fund shall be used solely for the purposes designated in section 24-4.2-105; except that the district attorney may use up to an aggregate of ten percent of the total amount of moneys in the fund for administrative costs incurred pursuant to this article and for preparation of victim impact statements required pursuant to section 16-11-102 (1), C.R.S. The board shall determine the manner of reimbursement for preparation of victim impact statements and the method of establishing actual costs for such preparation. (5) The priority use for moneys in the fund created in this section shall be for the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of the services and programs delineated in sections 24-4.1-303, 24-4.1-304, and 244.2-105 (4) related to all crimes as defined by section 24-4.1-302 (1). (6) Repealed. Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1) amended, p. 795, § 1, effective July 1. L. 92: (5) added, p. 427, § 6, effective January 14, 1993. L. 95: (5) amended, p. 1406, § 7, effective July 1. L. 96: (1.5) added, p. 133, § 2, effective July 1. L. 2003: (6) added, p. 1542, § 1, effective May 1. L. 2015: (6) repealed, (SB 15-264), ch. 259, p. 958, § 63, effective August 5. 24-4.2-104. Surcharges levied on criminal actions and traffic offenses. (1) (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in paragraph (b) of this subsection (1), is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute, or upon each petition alleging that a child is delinquent that results in a finding of guilty pursuant to part 8 of article 2 of title 19, C.R.S., or a deferral of adjudication pursuant to section 19-2-709, C.R.S. These surcharges shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (II) (A) In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court Colorado Revised Statutes 2019 Page 143 of 2372 Uncertified Printout administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (B) The surcharge in sub-subparagraph (A) of this subparagraph (II) shall apply to charges brought pursuant to the following sections: 18-3-305, 18-3-402, 18-3-403, as it existed prior to July 1, 2000, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5, 18-3-503, 18-3-504, 18-6301, 18-6-302, 18-6-403, 18-6-404, 18-7-302, 18-7-402, 18-7-405, 18-7-405.5, and 18-7-406, C.R.S., or any attempt to commit any of these crimes. (C) (Deleted by amendment, L. 93, p. 2054, § 5, effective June 9, 1993.) (b) (I) A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (II) A surcharge shall be levied against all penalty assessments issued pursuant to section 33-6-104, C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (c) All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent. (d) The surcharges levied pursuant to this subsection (1) are separate and distinct from costs levied pursuant to section 24-4.1-119 for the crime victim compensation fund. (1.5) Repealed. (2) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable to the collection of costs levied pursuant to this section. Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1)(a) amended and (1)(b) R&RE, pp. 795, 796, §§ 2, 3, effective July 1. L. 86: (1)(b)(I) amended, p. 1193, § 3, effective July 1. L. 87: (1) amended, p. 1497, § 7, effective July 1. L. 90: (1)(a) and (1)(c) amended, p. 1181, § 5, effective July 1. L. 91: (1)(a) and (1)(b)(I) amended, p. 241, § 1, effective July 1. L. 93: (1)(a)(I) and (1)(a)(II) amended, pp. 2053, 2054, §§ 4, 5, effective June 9. L. 94: (1)(b)(I) amended, p. 2555, § 52, effective January 1, 1995. L. 96: (1)(a)(I) amended, p. 1695, § 36, effective January 1, 1997. L. 97: (1)(a)(II)(B) amended, p. 1547, § 21, effective July 1. L. 2000: (1)(a)(II)(B) amended, p. 707, § 35, effective July 1. L. 2002: (1)(a)(I), (1)(a)(II)(A), and (2) amended, p. 1530, § 241, effective October 1. L. 2003: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended, p. 1542, § 2, effective May 1. L. 2007: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended Colorado Revised Statutes 2019 Page 144 of 2372 Uncertified Printout and (1.5) added, p. 1112, § 3, effective July 1. L. 2010: (1)(a)(II)(B) amended, (SB 10-140), ch. 156, p. 540, § 12, effective April 21. L. 2014: (1)(a)(II)(B) amended, (HB 14-1273), ch. 282, p. 1157, § 24, effective July 1. Editor's note: Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2008. (See L. 2007, p. 1112.) Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.1-119; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402. (2) For the legislative declaration contained in the 2002 act amending subsections (1)(a)(I), (1)(a)(II)(A), and (2), see section 1 of chapter 318, Session Laws of Colorado 2002. 24-4.2-105. Allocation of moneys from fund - application for grants disbursements. (1) Thirteen percent of the aggregate amount of the moneys in the fund, after payment of the expenses specified in section 24-4.2-103 (4), shall be deposited with the state treasurer to the credit of the fund created pursuant to section 24-33.5-506. (2) Not less than eighty-five percent of the net aggregate of the fund remaining after the deduction of the amounts specified in subsection (1) of this section shall be allocated for the purchase of victims and witnesses services pursuant to subsection (4) of this section, and the remaining moneys may be allocated to the police departments, sheriffs' departments, and district attorneys for the purposes specified in subsection (3) of this section. (2.5) (a) The board shall not accept, evaluate, or approve any application requesting grants of money from the fund submitted by, or on behalf of, any state agency, including local offices of such agencies; except that: (I) The court administrator of each judicial district may apply for grants of moneys for the purpose of collecting all moneys assessed by the courts, including moneys owed pursuant to this article, and collecting and disbursing restitution owed to victims of crime; and (II) The local probation department may apply for grants of moneys for the purpose of implementing the rights of victims established pursuant to article 4.1 of this title. (b) The state judicial department shall study alternative methods for funding the collection of restitution owed to victims of crime. (3) The board shall accept and evaluate applications from the law enforcement agencies listed in subsection (2) of this section requesting grants of moneys for the following purposes, including, but not limited to, purchase of equipment, training programs, and additional personnel. Such moneys shall not be used for defraying the costs of routine and ongoing operating expenses. (4) The board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies which the board deems appropriate. Victims and witnesses assistance services may be used for the following: (a) Provision of services for early crisis intervention; (b) Provision of telephone lines for victims and witnesses assistance; (c) Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation; (c.5) Assistance programs for victims and their families; Colorado Revised Statutes 2019 Page 145 of 2372 Uncertified Printout (d) Education of victims and witnesses about the operation of the criminal justice system; (e) Assistance in prompt return of the victims' property; (f) Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case; (g) Intercession with the employers or creditors of victims or witnesses; (h) Assistance to the elderly and to persons with disabilities in arranging transportation to and from court; (i) Provision of translator services; (j) Coordination of efforts to assure that victims have a secure place to wait before testifying; (k) Provision of counseling or assistance during court appearances when appropriate; (l) Protection from threats of harm and other forms of intimidation; and (m) Special advocate services. (4.3) (a) Moneys allocated for the purposes specified in subsections (3) and (4) of this section shall only be used for the purchases of equipment, training programs, additional personnel, and victims and witnesses services that are directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. (b) Equipment that may be purchased with such moneys includes technical equipment directly related to the immediate individual physical safety of crime victims. (c) Grants of moneys may be approved for registration fees and expenses for lodging, travel, and meals for those in-state training programs specifically directed toward delivery of services to crime victims and for the actual cost of providing the necessary staff training directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Nothing in this subsection (4.3) shall preclude volunteer board members from receiving reimbursement for actual and necessary expenses incurred at in-state training programs held pursuant to this paragraph (c). Expenses for lodging, travel, and meals which may be reimbursed pursuant to this paragraph (c) shall not exceed the state government expense reimbursement guidelines. (4.7) A requesting agency or person shall acknowledge in writing that such agency or person has read and understands the rights afforded to crime victims pursuant to section 24-4.1302.5 and the services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Such written acknowledgment shall be attached to such requesting agency's or person's application for moneys pursuant to this section. The board shall not accept for evaluation any application for a grant of moneys pursuant to this section until the requesting agency or person provides the board with such written acknowledgment. (5) The board shall specify levels and types of services to be provided pursuant to this section and shall review expenditures in accord with these standards. (6) Upon a finding by the board that a disbursement shall be made from the fund, the board shall submit a written request for payment to the court administrator who shall remit payment in accordance with the request. (7) For purposes of this section: Colorado Revised Statutes 2019 Page 146 of 2372 Uncertified Printout (a) "Victim" and "witness" mean "victim" and "witness" as defined in section 24-4.1302. (b) "Special advocate services" means the services offered to aid victims who are children, including, but not limited to, court-appointed special advocate (CASA) programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs, gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs. (c) "Court-Appointed Special Advocate" or "CASA" means a trained volunteer appointed by the court pursuant to the provisions of part 2 of article 1 of title 19, C.R.S., in a district to aid the court by providing independent and objective information as directed by the court, regarding children involved in actions brought pursuant to this title. Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 88: (4)(c.5) added, p. 892, § 1, effective July 1. L. 90: (1) amended, p. 1181, § 6, effective July 1. L. 91: (4)(k), (4)(l), and (7) amended and (4)(m) added, p. 242, § 2, effective July 1. L. 93: (4)(h) amended, p. 1653, § 54, effective July 1. L. 94: (2) and (3) amended and (2.5), (4.3), and (4.7) added, p. 1243, § 1, effective May 22. L. 95: (4.7) amended, p. 1103, § 36, effective May 31. L. 96: (7)(c) amended, p. 1094, § 5, effective May 23; (2.5)(b) amended, p. 1265, § 178, effective August 7. L. 97: (2.5)(a) amended, p. 1562, § 8, effective July 1. L. 2003: (7)(b) amended, p. 755, § 7, effective March 25. Cross references: For the legislative declaration contained in the 1996 act amending subsection (2.5)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. 24-4.2-106. Court administrator custodian of fund - disbursements. The court administrator of each judicial district shall be the custodian of the fund, and all disbursements from the fund shall be paid by him upon written authorization of the board. Source: L. 84: Entire article added, p. 664, § 22, effective July 1. 24-4.2-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, may promulgate rules and regulations prescribing the procedures to be followed in the making, filing, and evaluation of grant applications, criteria for evaluation, fiscal procedures including proper investment of moneys in the fund, and any other regulations necessary for the administration of this article. Source: L. 84: Entire article added, p. 664, § 22, effective July 1. 24-4.2-108. Report of grants and expenditures. (1) Each victims and witnesses assistance and law enforcement board and each crime victim compensation board shall submit a report to the executive director of the department of public safety by such date each year as shall be specified by the executive director of the department of public safety, detailing the amount of funds granted to agencies or individuals pursuant to this article and article 4.1 of this title, the Colorado Revised Statutes 2019 Page 147 of 2372 Uncertified Printout number and types of agencies applying for grants, and the projects and services for which such grants were made. (2) The division of criminal justice in the department of public safety shall report annually to the crime victim services advisory board created in section 24-4.1-117.3 (1) on all grants made and contracts entered into pursuant to this article. The crime victim services advisory board may review the grants and contracts to determine the existence of any conflicts of interest involving members of boards, recipients, or contracting parties. (3) (Deleted by amendment, L. 99, p. 686, § 3, effective August 4, 1999.) Source: L. 84: Entire article added, p. 664, § 22, effective July 1. L. 90: (1) amended, p. 1182, § 7, effective July 1. L. 94: (3) added, p. 1244, § 2, effective May 22. L. 97: (2) amended, p. 1559, § 2, effective July 1. L. 99: (2) and (3) amended, p. 686, § 3, effective August 4. L. 2009: (2) amended, (SB 09-047), ch. 129, p. 557, § 7, effective July 1. 24-4.2-109. County, city, city and county, or municipality not preempted. Nothing in this article shall preclude a home rule county, city, city and county, or municipality from enacting provisions to provide funds for law enforcement agencies and victims and witnesses assistance programs through charges assessed on fines imposed for violation of local ordinances. Source: L. 84: Entire article added, p. 664, § 22, effective July 1. 24-4.2-110. Applicability. The surcharge specified in section 24-4.2-104 shall apply to offenses committed on or after January 1, 1985. Source: L. 84: Entire article added, p. 664, § 22, effective July 1. 24-4.2-111. Repeal of article. (Repealed) Source: L. 84: Entire article added, p. 664, § 22, effective July 1. L. 88: Entire section repealed, p. 320, § 3, effective July 1. ARTICLE 5 Public Employment - Eligibility 24-5-101. Effect of criminal conviction on employment rights. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the fact that a person has been convicted of a felony or other offense involving moral turpitude shall not, in and of itself, prevent the person from applying for and obtaining public employment or from applying for and receiving a license, certification, permit, or registration required by the laws of this state to follow any business, occupation, or profession. (b) This subsection (1) shall not apply to: (I) The offices and convictions described in section 4 of article XII of the state constitution; Colorado Revised Statutes 2019 Page 148 of 2372 Uncertified Printout (II) The certification and revocation of certification of peace officers as provided in section 24-31-305; (III) The employment of personnel in positions involving direct contact with vulnerable persons as specified in section 27-90-111, C.R.S.; (IV) The licensure or authorization of educators prohibited pursuant to section 22-60.5107 (2), (2.5), or (2.6), C.R.S.; (V) The employment of persons in public or private correctional facilities pursuant to the provisions of sections 17-1-109.5 and 17-1-202 (1)(a)(I) and (1.5), C.R.S., and the employment of persons in public or private juvenile facilities pursuant to the provisions of sections 19-2403.3 and 19-2-410 (4), C.R.S.; (VI) The employment of persons by the public employees' retirement association created pursuant to section 24-51-201 who, upon the commencement of that employment, will have access to association investment information, association assets, or financial, demographic, or other information relating to association members or beneficiaries; and (VII) The employment of persons by the department of public safety, the department of corrections, and the department of revenue. (2) (a) Whenever any state or local agency is required to make a finding that an applicant for a license, certification, permit, or registration is a person of good moral character as a condition to the issuance thereof, or evaluate the impact of an applicant's criminal record, the fact that such applicant has, at some time prior thereto, been convicted of a felony or other offense involving moral turpitude, and pertinent circumstances connected with such conviction, shall be given consideration in determining whether, in fact, the applicant is qualified. The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society. (b) In evaluating an applicant, an agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for denial or taking adverse action against any applicant otherwise qualified: (I) The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending; except that, an agency may consider the conduct underlying the arrest; (II) The applicant has been convicted of a criminal offense but pardoned; (III) The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged; or (IV) A court has issued an order of collateral relief specific to the credential sought by the applicant. (3) (a) Unless statute prohibits the employment of a person with a specific criminal conviction for a particular position, an agency shall not advertise the position with a statement that a person with a criminal record may not apply for the position or place on the application a statement that a person with a criminal record may not apply for the position. (b) With the exception of the department of corrections and the department of public safety, the agency shall not perform a background check until the agency determines that an applicant is a finalist or makes a conditional offer of employment to the applicant. (c) If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, the agency determines that the applicant has a criminal history, Colorado Revised Statutes 2019 Page 149 of 2372 Uncertified Printout the agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment: (I) The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending; (II) The applicant has been convicted of a criminal offense but pardoned; (III) The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged; or (IV) A court has issued an order of collateral relief specific to the employment sought by the applicant. (d) and (e) Repealed. (4) Except as provided in subsection (6) of this section, when considering an applicant for a license, certification, permit, or registration pursuant to subsection (2) of this section or, if, after determining that an applicant is a finalist or making a conditional offer of employment to an applicant, the agency determines that the applicant has a conviction other than as described in subsection (2)(b) or (3)(c) of this section, the agency shall consider the following factors when determining whether the conviction disqualifies the applicant: (a) The nature of the conviction; (b) Whether there is a direct relationship between the conviction and the position's duties and responsibilities and the bearing, if any, the conviction may have on the applicant's fitness or ability to perform one or more such duties and responsibilities, including whether the conviction was for unlawful sexual behavior as listed in section 16-22-102 (9); whether the duties of employment would place a coworker or the public in a vulnerable position; and whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment because of the individual's circumstances, including the individual's age, disability, frailty, mental health disorder, developmental disability, or ill health; (c) Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and (d) The time that has elapsed since the conviction. (5) Notwithstanding any other provision of law to the contrary, the provisions of this section apply to the office of the governor. (6) If, at any stage in the hiring process, the department of corrections or the department of public safety determines that the applicant has been convicted of a crime, the department must consider the factors listed in paragraphs (a) to (d) of subsection (4) of this section when determining whether the conviction disqualifies the applicant for the position. Source: L. 73: p. 513, § 1. C.R.S. 1963: § 39-25-101. L. 90: Entire section amended, p. 1207, § 1, effective March 16. L. 92: Entire section amended, p. 1098, § 7, effective March 6. L. 95: Entire section amended, p. 1103, § 37, effective May 31. L. 99: Entire section amended, p. 923, § 2, effective July 1. L. 2003: Entire section amended, p. 2521, § 11, effective June 5. L. 2004: (1)(b)(III) and (1)(b)(IV) amended and (1)(b)(V) added, p. 232, § 5, effective April 1. L. 2006: (1)(b)(VI) added, p. 161, § 1, effective March 31. L. 2010: (1)(b)(III) amended, (SB 10175), ch. 188, p. 795, § 52, effective April 29. L. 2011: (1)(b)(IV) amended, (HB 11-1121), ch. 242, p. 1061, § 9, effective August 10. L. 2012: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII), (3), (4), and (5) added, (HB 12-1263), ch. 233, p. 1021, § 1, effective August 8. L. Colorado Revised Statutes 2019 Page 150 of 2372 Uncertified Printout 2014: (1)(b)(VII), (3)(b), and IP(4) amended and (6) added, (HB 14-1172), ch. 61, p. 279, § 1, effective August 6. L. 2018: (1)(b)(VII), (2), (3)(c), IP(4), and (4)(b) amended and (3)(d) and (3)(e) repealed, (HB 18-1418), ch. 352, p. 2086, § 1, effective May 30. Cross references: In 2011, subsection (1)(b)(IV) was amended by the "Safer Schools Act of 2011". For the short title, see section 1 of chapter 242, Session Laws of Colorado 2011. 24-5-102. Employee information - student loan repayment and forgiveness programs - legislative declaration - definitions. (1) (a) The general assembly finds and declares that: (I) Many Coloradans have federal student loans made through the United States department of education's direct loan program or the federal family education loan program; (II) Large amounts of student loan debt and insecurity in the job market have resulted in high student loan default rates; (III) However, many borrowers qualify for loan repayment programs that allow for lower monthly payments; (IV) In addition, there are federal programs that allow borrowers to have their loans forgiven after working for a certain period of time in the public sector, as a teacher, or for a nonprofit public service organization; (V) The federal consumer financial protection bureau has a toolkit and resources to help employers assist their employees in accessing the federal programs; (VI) As a public sector employer, Colorado can help qualified employees access federal loan repayment and loan forgiveness programs for which they may qualify by providing information to its employees about these federal programs; and (VII) Further, school districts, the state charter school institute, local governmental entities, and nonprofit public service organizations can assist their employees by providing information about these federal programs. (b) Therefore, the general assembly declares that employees will benefit from receiving information about federal student loan programs that provide assistance through loan repayment options or loan forgiveness. (2) As used in this section, unless the context otherwise requires: (a) "Public service loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.219. (b) "Teacher loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.217. (3) (a) On or before December 31, 2019, the department of personnel shall develop informational materials described in subsection (3)(e) of this section to increase awareness of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment options, including income-sensitive repayment programs. In lieu of developing the informational materials, the department of personnel may provide materials published by a federal agency that include the required information. (b) On or before January 1, 2020, and on or before January 1 each year thereafter, the department of personnel shall facilitate the distribution of the informational materials to: (I) All state employees; Colorado Revised Statutes 2019 Page 151 of 2372 Uncertified Printout (II) The department of education, for distribution to each school district and board of cooperative services and to the state charter school institute for the benefit of teachers employed by a school district, a district charter school, a board of cooperative services, or by an institute charter school; (III) The department of higher education, for distribution to the governing board for each state institution of higher education for the benefit of employees of state institutions of higher education; (IV) The secretary of state, for posting the informational materials on the secretary of state's website for distribution to nonprofit public service organizations, as defined in 34 CFR 685.219, for the benefit of the employees of nonprofit public service organizations; and (V) The division of local government in the department of local affairs, for distribution to local governmental entities, as defined in section 24-32-104 (1)(m)(II). (c) In addition to annual distribution, the department of personnel shall facilitate the distribution of the informational materials to newly hired state employees as part of its employee orientation process. (d) The department of personnel may distribute the informational materials to state employees or human resources directors through an e-mail or as part of a mailing or regular communication to state employees. (e) The information provided pursuant to this section must include a summary of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment programs, including who may be eligible for the programs, steps that an eligible employee must take in order to participate in the programs, and a recommendation that employees contact their student loan servicer or an ombudsman at the state if one exists for additional information. (f) The department of personnel shall make the informational materials available on the department of personnel's website. The department of personnel shall verify the information's accuracy at least annually and update the informational materials as necessary. The department of personnel shall distribute updated informational materials to the entities included in subsection (3)(b) of this section. Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 111, § 1, effective August 2. ARTICLE 6 Colorado Sunshine Law PART 1 GENERAL PROVISIONS 24-6-101. Short title. This article shall be known and may be cited as the "Colorado Sunshine Act of 1972". Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-101. Colorado Revised Statutes 2019 Page 152 of 2372 Uncertified Printout 24-6-102. Effective date. This article became effective January 1, 1973. Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-102. PART 2 PUBLIC OFFICIAL DISCLOSURE LAW Cross references: For the "Fair Campaign Practices Act", see article 45 of title 1. 24-6-201. Declaration of policy. In order to continue the public confidence in the integrity of government officials and to promote trust of the people in the objectivity of their public servants, this open disclosure law is adopted. Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-201. 24-6-202. Disclosure - contents - filing - false or incomplete filing - penalty. (1) Except as otherwise provided in subsection (1.7) of this section, not later than the January 10 following his or her election, reelection, appointment, or retention in office, written disclosure, in such form as the secretary of state shall prescribe, stating the interests named in subsection (2) of this section shall be made to and filed with the secretary of state of Colorado by: (a) Each member of the general assembly; (b) The governor, lieutenant governor, secretary of state, attorney general, and state treasurer; (c) Each justice or judge of a court of record; (d) Each district attorney; (e) Each member of the state board of education; (f) Each member of the board of regents of the university of Colorado; (g) Each member of the public utilities commission. (h) Repealed. (1.5) The provisions of subsection (1) of this section apply to any person who is serving in any position noted in said subsection (1) on July 1, 1979. (1.7) Notwithstanding any other provision of this section, any person who has timely filed an amended statement with the secretary of state pursuant to subsection (4) of this section is not required to additionally file a disclosure statement satisfying the requirements of subsection (1) of this section by the January 10 following his or her election, reelection, appointment, or retention in office. (2) Disclosure shall include: (a) The names of any source or sources of any income, including capital gains, whether or not taxable, of the person making disclosure, his spouse, and minor children residing with him; (b) The name of each business, insurance policy, or trust in which he, his spouse, or minor children residing with him has a financial interest in excess of five thousand dollars; (c) The legal description of any interest in real property, including an option to buy, in the state in which the person making disclosure, his spouse, or minor children residing with him Colorado Revised Statutes 2019 Page 153 of 2372 Uncertified Printout have any interest, direct or indirect, the market value of which is in excess of five thousand dollars; (d) The identity, by name, of all offices, directorships, and fiduciary relationships held by the person making disclosure, his spouse, and minor children residing with him; (e) The identity, by name, of any person, firm, or organization for whom compensated lobbying is done by any person associated with the person making disclosure if the benefits of such compensation are or may be shared by the person making disclosure, directly or indirectly; (f) The name of each creditor to whom the person making disclosure, his spouse, or minor children owe money in excess of one thousand dollars and the interest rate; (g) A list of businesses with which the person making disclosure or his spouse are associated that do business with or are regulated by the state and the nature of such business or regulation; (h) Such additional information as the person making disclosure might desire. (3) Any disclosure statement shall be amended no more than thirty days after any termination or acquisition of interests as to which disclosure is required. (4) Any person required by this section to file a disclosure statement shall, on or before January 10 of each calendar year, file an amended statement with the secretary of state or notify the secretary of state in writing that he has had no change of condition since the previous filing of a disclosure statement. (5) Each disclosure statement, amended statement, or notification that no amendment is required shall be public information, available to any person upon request during normal working hours. (6) Any person subject to the provisions of this section may elect to file with the secretary of state annually a copy of his federal income tax return and any separate federal income tax return filed by his spouse or minor children residing with him together with a certified statement of any investments held by him, his spouse, or minor children residing with him which are not reflected by the income tax returns in lieu of complying with the provisions of subsections (1) to (4) of this section, which tax return and any statement filed under the provisions of this subsection (6) shall be public information. (7) Any person who willfully files a false or incomplete disclosure statement, amendment, or notice that no amendment is required, or who willfully files a false or incomplete copy of any federal income tax return or a false or incomplete certified statement of investments, or who willfully fails to make any filing required by this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars. Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-202. L. 79: IP(1), (4), and (6) amended and (1)(b), (1)(d), (1)(e), (1)(f), (1)(g), and (1)(h) added, pp. 851, 852, §§ 1, 2, effective July 1. L. 85: (1)(a) amended and (1)(h) repealed, pp. 382, 381, §§ 6, 1, effective April 17. L. 2010: IP(1) amended and (1.7) added, (SB 10-041), ch. 151, p. 524, § 5, effective July 1. 24-6-203. Reporting by incumbents and elected candidates - gifts, honoraria, and other benefits - prohibition on monetary gifts - penalty - definitions. (1) (a) As used in this section, the terms "appropriate officer" and "candidate" shall have the meanings ascribed to them in section 1-45-103, C.R.S., of the "Fair Campaign Practices Act". Colorado Revised Statutes 2019 Page 154 of 2372 Uncertified Printout (b) (I) As used in this section, the term "public office" means any office voted for in this state at any election. "Public office" includes, without limitation, the governor, lieutenant governor, secretary of state, attorney general, and state treasurer; a member of the general assembly or the state board of education; a regent of the university of Colorado; a judge on the Colorado court of appeals or the Colorado supreme court; a district attorney; or an officer of a county, municipality, city and county, school district, or any elective office within a special district for which the annual compensation exceeds two thousand four hundred dollars. (II) "Public office" does not include: (A) The office of president or vice president of the United States; (B) The office of senator or representative in the congress of the United States; (C) Any office in a political party chosen pursuant to sections 1-3-103, 1-4-403, and 1-4701, C.R.S.; or (D) Any political party office in an assembly or convention, including delegates thereto. (E) Repealed. (III) Repealed. (c) As used in this section, "covered state office" means the governor, lieutenant governor, secretary of state, attorney general, state treasurer, a member of the state board of education, a regent of the university of Colorado, a member of the general assembly, or a district attorney. (2) Every incumbent in or candidate elected to public office who receives from any other person any item described in subsection (3) of this section in connection with the incumbent's or elected candidate's public service shall file with the appropriate officer, on or before January 15, April 15, July 15, and October 15 of each year, a report covering the period since the last report. The requirement of this subsection (2) pertaining to the report due January 15 shall extend to an incumbent leaving public office between October 15 and January 15, who shall file with the appropriate officer by January 15 a report that covers any items received during the period since the last report. Such report shall be on forms prescribed by the secretary of state and shall contain, at a minimum, the name of the person from whom the item was received and the amount or value and the date of receipt. The secretary of state shall furnish such forms to municipal clerks, to county clerk and recorders, and to incumbents and elected candidates for state offices and district offices of districts greater than a county free of charge for use by incumbents and elected candidates required to file such forms. If any incumbent in or candidate elected to public office does not receive any such item, he or she shall not be required to file such report. (3) The reports required by subsection (2) of this section shall include the following: (a) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any money, including but not limited to a loan, pledge, or advance of money or a guarantee of a loan of money, or any forbearance or forgiveness of indebtedness from any person, with a value greater than fifty-three dollars; (b) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any gift of any item of real or personal property, other than money, with a value greater than fifty-three dollars; (c) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, any loan of any item of real or personal property, other than Colorado Revised Statutes 2019 Page 155 of 2372 Uncertified Printout money, if the value of the loan is greater than fifty-three dollars. For such purpose, the "value of the loan" means the cost saved or avoided by the elected candidate by not borrowing, leasing, or purchasing comparable property from a source available to the general public. (d) Any payment for a speech, appearance, or publication; (e) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, tickets to sporting, recreational, educational, or cultural events with a value greater than fifty-three dollars for any single event; (f) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate who has been sworn into public office is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, unless the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held; (g) Subject to the provisions of section 3 of article XXIX of the state constitution, any gift of a meal to a fund-raising event of a political party; (h) Payment of or reimbursement for actual and necessary expenses for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that is from an organization declared to be a joint governmental agency by section 2-3-311, C.R.S. (3.5) (a) Each incumbent in or candidate elected to covered state office is prohibited from knowingly receiving or accepting from any other person, in connection with the public service of the incumbent or elected candidate: (I) A gift of any money, including but not limited to a loan, pledge, or advance of money, a guarantee of a loan of money, or any monetary payment given, directly or indirectly, for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate; or (II) An in-kind gift. (b) Nothing in paragraph (a) of this subsection (3.5) shall be construed to prohibit an incumbent or elected candidate from receiving a salary or other compensation paid to the incumbent or elected candidate in connection with the performance of his or her official duties, including, without limitation, payment for a speech, appearance, or publication or payment of or reimbursement for actual and necessary expenditures for travel and lodging to the extent the incumbent or elected candidate who has been sworn into covered state office is permitted to accept or receive such items in accordance with the provisions of section 3 of article XXIX of the state constitution. (c) For purposes of this subsection (3.5), an "in-kind gift" means any gift of equipment, goods, supplies, property, services, or anything else, the value of which exceeds fifty dollars in the aggregate in any one calendar year, given, directly or indirectly, to an incumbent in or candidate elected to covered state office for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate. (3.7) Notwithstanding any other provision of this section, no incumbent in or candidate elected to covered state office shall accept a gift of any money from any person who is a professional or volunteer lobbyist or from a corporation or labor organization. Colorado Revised Statutes 2019 Page 156 of 2372 Uncertified Printout (4) The reports required by subsection (2) of this section need not include the following: (a) A contribution or contribution in kind that has already been reported pursuant to section 1-45-108, C.R.S.; (b) Any unsolicited item of trivial value as described in section 3 (3)(b) of article XXIX of the state constitution; (c) An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution; (d) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, if the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held; (e) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office; (f) Except as otherwise described in this subsection (4), any other gift or thing of value an incumbent or elected candidate who has been sworn into public office is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution. (5) Any person who provides an incumbent or elected candidate with any item required to be reported by the incumbent or elected candidate pursuant to this section shall, at the time the item is provided, furnish the recipient with a written statement of the dollar value of the item. (6) Nothing contained in this section shall relieve any person from the disclosure requirements of part 3 of article 6 of this title, relating to the regulation of lobbyists. (7) Any person who willfully files a false or incomplete report pursuant to this section, who willfully fails to file a report required by this section, who willfully fails to provide the statement of value required by subsection (5) of this section, or who violates any provision of subsection (3.5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars. (8) The amount of the gift limit specified in subsection (3) of this section, set at fiftythree dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX. Source: L. 94: Entire section added, p. 1824, § 3, effective January 1, 1995. L. 98: (3)(g) added and (4)(b) amended, p. 952, §§ 5, 6, effective April 27; (1) amended, p. 823, § 34, effective August 5. L. 2006: (1)(c), (3.5), and (3.7) added and (2), IP(3), (3)(a), (3)(b), IP(4), and (7) amended, p. 2063, §§ 1, 2, effective July 1. L. 2010: (3)(f) and (4)(d) amended and (3)(h) added, (SB 10-099), ch. 184, p. 661, § 3, effective August 11. L. 2012: (1)(b)(I), (1)(c), (2), (3), IP(3.5)(a), (3.5)(b), (3.5)(c), (3.7), and (4) amended, (1)(b)(II)(E) and (1)(b)(III) repealed, and (8) added, (HB 12-1070), ch. 167, p. 580, § 1, effective August 8. L. 2017: (1)(b)(I) amended, (HB 17-1297), ch. 364, p. 1906, § 3, effective August 9. Colorado Revised Statutes 2019 Page 157 of 2372 Uncertified Printout Cross references: For the legislative declaration in the 2010 act amending subsections (3)(f) and (4)(d) and adding subsection (3)(h), see section 1 of chapter 184, Session Laws of Colorado 2010. PART 3 REGULATION OF LOBBYISTS 24-6-301. Definitions - legislative declaration. As used in this part 3, unless the context otherwise requires: (1) "Client" means the person who employs or retains the professional services of one or more lobbyists to undertake lobbying on behalf of that person. For the purposes of this part 3, a professional lobbyist is not a client of another lobbyist for whom he or she undertakes lobbying on a subcontract basis nor is the professional lobbyist a client of either a lobbying firm or any other person that employs or retains one or more professional lobbyists to undertake lobbying on behalf of one or more clients. Where the client is an organization or entity, nothing in this subsection (1) requires the organization or entity to provide the names of any of its shareholders, investors, business partners, coalition partners, members, donors, or supporters, as applicable. (1.3) "Communication" includes but is not limited to a transmittal of information, data, ideas, opinions, or anything of a similar nature, either oral, written, or by any other means, to a covered official. (1.5) "Contribution" means a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution. "Contribution" also includes the compensation and reimbursement for expenses of a person required to file a disclosure statement under section 246-302. (1.7) "Covered official" means: (a) For the type of lobbying defined in subparagraphs (I), (II.5), and (III) of paragraph (a) of subsection (3.5) of this section, the governor, the lieutenant governor, a member of the general assembly, or the director of research of the legislative council of the general assembly or any member of legislative council staff; (b) For the type of lobbying defined in subparagraph (IV) of paragraph (a) of subsection (3.5) of this section, a member of a rule-making board or commission or a rule-making official of a state agency which has jurisdiction over the subject matter of a rule, standard, or rate. (1.9) (a) "Disclosure statement" means a written statement that contains: (I) The name and address of each client or other professional lobbyist who has made a contribution totaling one hundred dollars or more for lobbying and the amount paid since the previous disclosure report; (II) The total sum of the contributions made to or for the disclosing person for lobbying since the last disclosure statement which are not stated under subparagraph (I) of this paragraph (a); (III) The total sum of all contributions made to or for the disclosing person for lobbying since the last disclosure statement and during the fiscal year; (IV) The name of the covered official to or for whom such expenditures of more than fifty-three dollars have been made by or on behalf of the disclosing person for gift or Colorado Revised Statutes 2019 Page 158 of 2372 Uncertified Printout entertainment purposes in connection with lobbying or for whom an expenditure was made by or on behalf of the disclosing person for a gift of a meal at a fund-raising event of a political party described in section 1-45-105.5 (1)(c)(IV), C.R.S., during either the first six months or the second six months of a state fiscal year and the amount, date, and principal purpose of the gift or entertainment, if the covered official or a member of his or her family actually received such gift or entertainment, but expenditures of one dollar or less shall be reported under subparagraph (V) of this paragraph (a). All amounts that a professional lobbyist spends on a covered official for which the lobbyist is reimbursed, or the source of which is a contribution, shall be deemed to be for gift or entertainment purposes. (V) The total sum of all such expenditures made by or on behalf of the disclosing person to covered officials for gift or entertainment purposes in connection with lobbying since the last disclosure statement that are not stated under subparagraph (IV) of this paragraph (a); (VI) (Deleted by amendment, L. 96, p. 1081, § 1, effective August 7, 1996.) (VII) The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying, other than gift and entertainment expenditures, since the last disclosure statement which are not stated under subparagraph (VI) of this paragraph (a); (VIII) The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying since the last disclosure statement and during the fiscal year; (IX) A statement, which shall only be given by a professional lobbyist, which contains the names of, and the amounts of any expenditures or contributions made to, any papers, periodicals, magazines, radio or television stations, or other media of mass communication to whom expenditures or contributions were made in which the professional lobbyist or his employer or agent has caused to be published any advertisements, articles, or editorials relating to lobbying; except that this information is not required for regular or routine publications sent primarily to the members of the professional lobbyist's organization, which publications contain information relating to his lobbying; (X) The nature of the legislation, standards, rules, or rates for which the disclosing person is lobbying and, where known, the specific legislation, standards, rules, or rates. In the case of specific legislation, the professional lobbyist shall include the bill number of the legislation, and whether such lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time of the disclosure statement. The professional lobbyist shall specify that his or her representation is accurate as of the date of disclosure only and that the representation is not binding and is subject to change after the date and before the time the next disclosure statement is due. If a professional lobbyist fails to show any bill numbers or nature of the legislation, as applicable, such lobbyist shall affirm that he or she was not retained in connection with any legislation. Nothing in this subparagraph (X) requires any additional disclosure on the part of a lobbyist before the next applicable reporting deadline pursuant to section 24-6-302 (3). For purposes of this subparagraph (X), "legislation" means the process of making or enacting law in written form in the form of codes, statutes, or rules. Nothing in this subparagraph (X) requires a lobbyist to amend a previously filed disclosure statement upon learning the bill number of a previously disclosed piece of legislation. (XI) If the client or professional lobbyist is an individual, the name and address of the individual and a description of the business activity in which the individual is engaged. If the client or professional lobbyist is a business entity, a description of the business entity in which the client or lobbyist is engaged and the name or names of the entity's chief executive officer, Colorado Revised Statutes 2019 Page 159 of 2372 Uncertified Printout partners, or other designated contact person, as applicable. If the client or lobbyist is an industry, trade, organization or group of persons, or professional association, a description of the industry, trade, organization or group of persons, or profession that the lobbyist represents. (XII) A statement detailing any direct business association of the disclosing person in any pending legislation, measure, or question. For purposes of this subparagraph (XII), a "direct business association" means that, in connection with a pending bill, measure, or question, the passage or failure of the bill, measure, or question will result in the disclosing person deriving a direct financial or pecuniary benefit that is greater than any such benefit derived by or shared by other persons in the disclosing person's profession, occupation, or industry. A disclosing person shall not be deemed to have a direct personal relationship in a pending bill, measure, or question where such interest arises from a bill, measure, or question that affects the entire membership of a class to which the disclosing person belongs. (b) The secretary of state shall prescribe a form for disclosure statements, which shall contain: (I) A statement, which the disclosing person may adopt, if true, that no change has occurred since the prior month's disclosure statement, in which case the information required by paragraph (a) of this subsection (1.9) may be omitted; (II) A statement, which the disclosing person may adopt, if true, that no unreported contributions for lobbying are receivable and that no unreported expenditures for lobbying will be made during the remainder of the fiscal year; (III) A statement which the disclosing person shall sign indicating that the information provided is correct and complete; but notarization of such statement shall not be required. The disclosing person, in signing such statement, shall be subject to section 18-8-503, C.R.S., concerning false statements made to a public servant. (c) Whenever a person required to file a disclosure statement under this part 3 solicits, collects, or receives contributions which are used for lobbying as well as for other purposes, or makes an expenditure which is attributable to lobbying as well as to other purposes, such contributions and expenditures shall be allocated between lobbying and other purposes, and the disclosure statement shall contain that portion allocated to lobbying. (2) "Expenditure" means a payment, distribution, loan, advance, deposit, or gift of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. (2.3) "Fiscal year" means the period commencing July 1 of a calendar year and concluding June 30 of the following calendar year. (2.5) "Gross income for lobbying" means the total amount received from a client, including compensation for services, fees, and similar payments, before any deductions are made, by a professional lobbyist for lobbying or by a lobbying firm. (3) Repealed. (3.5) (a) "Lobbying" means communicating directly, or soliciting others to communicate, with a covered official for the purpose of aiding in or influencing: (I) The drafting, introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, or veto by any covered official on: (A) Any bill, resolution, amendment, nomination, appointment, or report, whether or not in writing, pending or proposed for consideration by either house of the general assembly or committee thereof, whether or not the general assembly is in session; Colorado Revised Statutes 2019 Page 160 of 2372 Uncertified Printout (B) Any other matter pending or proposed in writing by any covered official for consideration by either house of the general assembly or a committee thereof, whether or not the general assembly is in session; (II) Repealed. (II.5) The preparation of an initial fiscal impact statement required by section 1-40105.5, C.R.S.; (III) The convening of a special session of the general assembly or the specification of business to be transacted at such special session; (IV) The drafting, consideration, amendment, adoption, or defeat of any rule, standard, or rate of any state agency having rule-making authority. (b) Subject to the exclusions and provisions of this paragraph (b), for the purpose of determining when contributions and expenditures become reportable in disclosure statements, "lobbying" includes activities undertaken by the person engaging in lobbying and persons acting at his request to prepare for lobbying which in fact ultimately occurs, provided: (I) No such reports shall be required for activities occurring prior to the preceding fiscal year; (II) Expenditures shall not be reported when such expenditures are incurred by a person in the ordinary course of the business or affairs of such person and are not made for lobbying. Such nonreportable expenditures will include, but not be limited to, the keeping of books of account and the routine collection of statistics and other data. (c) "Lobbying" does not include communications made by a person in response to a statute, rule, regulation, or order requiring such a communication. (d) (I) "Lobbying" does not include communications by a person who appears before a committee of the general assembly or a rule-making board or commission solely as a result of an affirmative vote by the committee, board, or commission issuing a mandatory order or subpoena commanding that the person appear and testify, or making such a person a respondent in such a proceeding whether or not the person is reimbursed by the committee, board, or commission for expenses incurred in making such appearance. (II) (Deleted by amendment, L. 2004, p. 431, § 1, effective August 4, 2004.) (III) (A) Legislative declaration. The general assembly hereby declares its support of the "Colorado Sunshine Act of 1972" and the open process that it has brought to the legislative process in Colorado. The general assembly's intent in enacting this subparagraph (III) is to achieve a more uniform application of the lobbying laws to witness testimony and to clarify the ability of the public to provide testimony to the general assembly and to state agencies. (B) "Lobbying" excludes persons who are not otherwise registered as lobbyists and who limit their activities to appearances to give testimony or provide information to committees of the general assembly or at public hearings of state agencies or who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying or providing information. (e) "Lobbying" does not include communications made by an attorney-at-law when such communications are made on behalf of a client whose name has been identified and when such communications constitute the practice of law subject to control by the judicial branch of the state of Colorado. (f) "Lobbying" does not include duties performed by employees of the legislative department. Colorado Revised Statutes 2019 Page 161 of 2372 Uncertified Printout (3.6) "Lobbying firm" means a person or entity employing one or more professional lobbyists to lobby on behalf of a client that is not the person or entity. "Lobbying firm" includes a self-employed professional lobbyist. (3.7) "Lobbyist" means either a professional or a volunteer lobbyist. (4) "Person" means an individual, limited liability company, partnership, committee, association, corporation, or any other organization or group of persons. (5) "Political committee" means any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates or presidential and vice-presidential electors or any duly authorized committee or subcommittee of a national, state, or local political party. (5.5) Repealed. (6) "Professional lobbyist" means a person, business entity, including a sole proprietorship, or an employee of a client, who is compensated by a client or another professional lobbyist for lobbying. "Professional lobbyist" does not include any volunteer lobbyist, any state official or employee acting in his official capacity, except as provided in section 24-6-303.5, any elected public official acting in his official capacity, or any individual who appears as counsel or advisor in an adjudicatory proceeding. (7) "Volunteer lobbyist" means any individual who engages in lobbying and whose only receipt of money or other thing of value consists of nothing more than reimbursement for actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking, while engaged in lobbying or for actual expenses incurred in informing the organization making the reimbursement or the members thereof of his lobbying. Source: Initiated 72. L. 73: p. 1662, § 1. C.R.S. 1963: § 3-37-301. L. 77: (1) amended, (1.5), (1.7), (1.9), (3.5), (6), and (7) added, and (3) repealed, pp. 1147, 1154, §§ 1, 12, effective July 1. L. 79: (6) amended, p. 1638, § 37, effective December 29. L. 84: (3.5)(a)(II) repealed, p. 1121, § 22, June 7. L. 87: (6) amended, p. 923, § 1, effective July 3. L. 89: IP(1.9)(a) amended and (1.9)(b)(III) added, p. 1018, §§ 1, 2, effective March 15. L. 90: (4) amended, p. 447, § 9, effective April 18. L. 96: (1.9)(a)(VI) amended and (2.5) added, p. 1081, § 1, effective August 7. L. 98: (1.9)(a)(IV) amended, p. 952, § 7, effective April 27. L. 2000: IP(1.9)(a) and (1.9)(a)(IV) amended, p. 128, § 11, effective March 15. L. 2004: (3.5)(d) amended, p. 431, § 1, effective August 4. L. 2006: (1.9)(a)(X) amended and (1.9)(a)(XI), (1.9)(a)(XII), and (5.5) added, p. 2051, §§ 2, 1, effective July 1. L. 2010: (1.9)(a)(I), (1.9)(a)(III), (1.9)(a)(IV), (1.9)(a)(VIII), (1.9)(b)(II), and (3.5)(b)(I) amended and (2.3) and (3.7) added, (SB 10-087), ch. 407, p. 2010, § 1, effective June 10. L. 2012: (1.9)(a)(IV) and (1.9)(a)(V) amended, (HB 12-1070), ch. 167, p. 584, § 2, effective August 8. L. 2013: (1.7)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 50, effective August 7. L. 2014: (1), (1.9)(a)(I), (1.9)(a)(X), (1.9)(a)(XI), (2.5), and (6) amended and (1.3) and (3.6) added, (SB 14-217), ch. 398, p. 2001, § 1, effective July 1, 2015; (5.5)(b) added by revision, pp. 2001, 2006, §§ 1, 7. L. 2015: (1.7)(a) amended and (3.5)(a)(II.5) added, (HB 151057), ch. 198, p. 679, § 7, effective March 26, 2016. L. 2019: (1) amended, (HB 19-1248), ch. 232, p. 2320, § 2, effective May 20. Editor's note: (1) Subsection (5.5)(b) provided for the repeal of subsection (5.5), effective July 1, 2015. (See L. 2014, pp. 2001, 2006.) Colorado Revised Statutes 2019 Page 162 of 2372 Uncertified Printout (2) Section 6(2) of chapter 232 (HB 19-1248), Session Laws of Colorado 2019, provides that the act changing this section applies to the required disclosure of information on or after May 20, 2019. Cross references: For the short title ("Lobbyist Transparency Act") in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019. 24-6-302. Disclosure statements - required - definition. (1) (Deleted by amendment, L. 96, p. 1081, 2, effective August 7, 1996.) (2) Any person who makes expenditures for gifts or entertainment purposes for the benefit of covered officials in the aggregate amount of two hundred dollars in a state fiscal year shall file disclosure statements with the secretary of state in accordance with this section. Such disclosure statements shall not include actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking. (2.5) (a) A professional lobbyist and any lobbying firm shall file a monthly disclosure statement with the secretary of state no later than the fifteenth day after the end of the first calendar month, and each subsequent month, in which the lobbyist received any income or made any expenditures for lobbying. In the case of a single-member lobbying firm, if a disclosure statement includes the name of the professional lobbyist and the name of a lobbying firm that solely employs the lobbyist, a single disclosure statement may be filed with the secretary of state on behalf of both the professional lobbyist and the lobbying firm. (b) No disclosure statement shall be required of a person who is described in a disclosure statement of a professional lobbyist pursuant to paragraph (a) of this subsection (2.5). (c) Nothing in this subsection (2.5) shall be construed to require a professional lobbyist or a firm organized for professional lobbying purposes that is engaged in lobbying for a trade association, public interest group, or governmental organization to include in the disclosure statement of such lobbyist or firm any dues, assessments, or fees collected by such association, group, or organization for lobbying purposes. (3) (a) (Deleted by amendment, L. 2014.) (b) In addition to the monthly disclosure statement, a professional lobbyist shall file with the secretary of state an annual disclosure statement for the entire fiscal year no later than July 15 that covers the immediately preceding fiscal year. The annual disclosure statement must contain the name of and total gross income for lobbying received from each client or other professional lobbyist for whom the lobbyist lobbied during the previous fiscal year. If a professional lobbyist receives business from another professional lobbyist on a subcontract basis, the lobbyist receiving such business shall describe in an annual disclosure statement the total gross income received from the professional lobbyist under the subcontract who is contemporaneously reporting the subcontracting business on his or her annual disclosure statement. (4) If a professional lobbyist determines at any time during a fiscal year that he or she will not lobby or receive lobbying income for the remainder of the fiscal year, the lobbyist may file an annual disclosure statement at such time, and thereafter need not file subsequent monthly disclosure statements until he or she resumes lobbying. (5) This section shall not apply to any political committee, volunteer lobbyist, citizen who lobbies on his or her own behalf, state official or employee acting in his or her official Colorado Revised Statutes 2019 Page 163 of 2372 Uncertified Printout capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity. (6) (a) During the period that the general assembly is not in regular or special session, a professional lobbyist shall notify the secretary of state in writing within five business days after an oral or written agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1). During the period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state after an agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1), either by means of the electronic filing system created in section 24-6-303 (6.3) or by facsimile transmission in accordance with the following: (I) In the case of a written agreement to engage the lobbyist, disclosure shall be made within twenty-four hours after the date of the agreement; and (II) In the case of an oral agreement to engage the lobbyist, the disclosure shall be made within twenty-four hours after the date of a subsequent written agreement between the parties, the commencing of lobbying activities, or the date the lobbyist receives any payment on the agreement, whichever occurs first. (b) A professional lobbyist who provides the notification under paragraph (a) of this subsection (6) shall file, concurrently with the next disclosure statement due after such notification, a signed written statement that contains: (I) The name and address of the person described in such notification; and (II) A summary of the terms related to lobbying under the agreement between such person and the professional lobbyist. A professional lobbyist shall also update his or her registration within twenty-four hours if he or she agrees to lobby for a client or other lobbyist on a subcontract basis who is not disclosed in the lobbyist's original registration statement. (6.5) [Editor's note: Subsection (6.5) is effective January 1, 2020.] (a) In addition to any other disclosure required by this part 3, during the period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state by means of the electronic filing system created in section 24-6-303 (6.3) within seventy-two hours after: (I) The lobbyist agrees to undertake lobbying in connection with new legislation, standards, rules, or rates for either a new or existing client of the lobbyist; or (II) The lobbyist takes a new position on a new or existing bill for a new or existing client of the lobbyist. (b) During the period that the general assembly is in regular or special session, where the lobbyist agrees to undertake lobbying in connection with new or existing legislation for either a new or existing client, the disclosure required by subsection (6.5)(a) of this section includes the bill number of the legislation at issue and whether the lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time the lobbyist agrees to undertake lobbying in connection with the legislation or takes a new position. (7) In addition to the criminal penalty provided for in section 24-6-309 (1), the secretary of state, after proper notification by certified mail, shall impose an additional penalty of twenty dollars per day for each business day that a disclosure statement required to be filed by this section is not filed by the close of the business day on the day due up to and including the first ten business days on which the disclosure statement has not been filed after the day due. For failure to file a disclosure statement required to be filed by this section by the close of the eleventh business day on which the disclosure statement has not been filed after the day due, in Colorado Revised Statutes 2019 Page 164 of 2372 Uncertified Printout addition to the criminal penalty provided for in section 24-6-309 (1), the secretary of state shall impose an additional penalty of fifty dollars for each day thereafter that a disclosure statement required to be filed by this section is not filed by the close of the business day. The secretary of state may excuse the payment of any penalty imposed by this subsection (7), or reduce the amount of any penalty imposed, for bona fide personal emergencies. Revenues collected from penalties assessed by the secretary of state shall be deposited in the department of state cash fund created in section 24-21-104 (3). (8) Notwithstanding any other provision of this part 3, an attorney who is registered as a professional lobbyist is required to disclose information about the clients for whom he or she lobbies in accordance with this part 3 to the same extent as a professional lobbyist who is not an attorney. An attorney who is registered as a professional lobbyist may not decline to disclose his or her lobbying as such lobbying is required to be disclosed in accordance with this part 3 on the grounds that the lobbying is protected against disclosure as confidential matters between an attorney and a client. (9) Notwithstanding any other provision of this part 3, in connection with any requirement to disclose the identity of a client in this section or section 24-6-303, "client" means, in accordance with section 24-6-301 (1), the name of the person who employs or retains the professional services of a lobbyist, a lobbying firm, or any other person or entity to undertake lobbying on its behalf. In connection with any requirement in this section or section 24-6-303 to disclose the identity of a client, a professional lobbyist who is a natural person and who is employed or retained by a lobbying firm or any other firm or entity may disclose the name of the lobbying firm or other person or entity by means of which, or under the name of which, a professional lobbyist does business, but to satisfy such disclosure requirement the lobbyist shall also disclose the name of the client who employs or retains the professional services of the lobbyist, or a lobbying firm or any other person or entity that employs or retains the lobbyist, to undertake lobbying on its behalf. Source: Initiated 72. L. 73: p. 1662, § 1. C.R.S. 1963: § 3-37-302. L. 77: Entire section R&RE, p. 1150, § 2, effective June 19. L. 87: (5) amended, p. 923, § 2, effective July 3. L. 96: (1) and (3) amended and (2.5), (6), and (7) added, p. 1081, § 2, effective August 7. L. 2001: (2) amended, p. 1273, § 30, effective June 5; (3)(b), (6)(a), and (6)(b)(III) amended, p. 147, § 1, effective July 1. L. 2010: (2), (2.5), (3), (4), (5), IP(6)(a), IP(6)(b), (6)(b)(II), and (7) amended, (SB 10-087), ch. 407, p. 2011, § 2, effective June 10. L. 2012: (2) amended, (HB 12-1070), ch. 167, p. 584, § 3, effective August 8. L. 2014: (2.5)(a), (3), (4), and (6)(b) amended and (8) added, (SB 14-217), ch. 398, p. 2003, § 2, effective July 1, 2015. L. 2019: (6)(a) and (8) amended and (9) added, (HB 19-1248), ch. 232, p. 2320, § 3, effective May 20; (6.5) added, (HB 19-1248), ch. 232, p. 2320, § 3, effective January 1, 2020. Editor's note: Section 6(2) of chapter 232 (HB 19-1248), Session Laws of Colorado 2019, provides that the act changing this section applies to the required disclosure of information on or after May 20, 2019. Cross references: For the short title ("Lobbyist Transparency Act") in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 165 of 2372 Uncertified Printout 24-6-303. Registration as professional lobbyist - filing of disclosure statements certificate of registration - legislative declaration - repeal. (1) Before lobbying, a professional lobbyist shall file an electronic registration statement with the secretary of state that contains: (a) His or her full legal name, business address, and business telephone number; (b) The name, address, and telephone number of his or her employer, if applicable; (c) The name, address, and telephone number of the client for whom he or she will be lobbying; and (d) The name, address, and telephone number of any other professional lobbyist for whom he or she is lobbying on a subcontract basis. (1.3) (a) At the time a professional lobbyist files a registration statement in accordance with subsection (1) of this section prior to engaging in lobbying, and each time such lobbyist files an updated registration statement in accordance with subsection (1.5) of this section, such individual shall pay a registration fee in an amount that shall be set by the secretary of state by rule promulgated in accordance with article 4 of this title and shall be set at a level that offsets the costs to the secretary of state of providing electronic access to information pursuant to section 24-6-304 (2), and in processing and maintaining the disclosure information required by this part 3. The secretary of state shall charge a reduced fee to a professional lobbyist that files his or her registration statement pursuant to paragraph (b) of subsection (6.3) of this section. The secretary of state may waive the fee of a professional lobbyist for a not-for-profit organization who derives his or her compensation solely from the organization. A volunteer lobbyist shall be exempt from the requirement to pay the registration fee mandated by this paragraph (a). (b) All fees collected pursuant to the provisions of this subsection (1.3) shall be credited to the department of state cash fund created in section 24-21-104 (3)(b). (1.5) A professional lobbyist shall file an updated registration statement on or before July 15 of each year unless at that time he or she is no longer a professional lobbyist. Registration under this subsection (1.5) shall be effective until July 1 of the next year. (2) A professional lobbyist shall file disclosure statements as required by section 24-6302. (3) Consistent with the requirements of subsection (6.3) of this section, a hard copy of all registration statements and disclosure statements of professional lobbyists and lobbying firms must be compiled by the secretary of state within thirty days after the end of the calendar month for which such information is filed and shall be organized alphabetically according to the names of the lobbyists and firms. (4) No individual shall act as a professional lobbyist unless he has received a certificate of registration as provided in section 24-6-305 (1). (5) An individual shall not be considered a lobbyist solely because of his or her appearance as a witness in rule, standard, or rate-making proceedings. (6) This section shall not apply to any political committee, volunteer lobbyist, citizen who lobbies on his or her own behalf, state official or employee acting in his or her official capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity. (6.3) (a) No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a system that enables electronic filing of the reports required by this part 3 by utilizing the internet. Rules concerning the manner in which reports required by this part 3 may be filed Colorado Revised Statutes 2019 Page 166 of 2372 Uncertified Printout electronically, including but not limited to the information to be contained in such reports, the procedure for amending such reports, and public access to the electronic filing system, shall be promulgated by the secretary of state in accordance with article 4 of this title. (b) In addition to any other method of filing, any person subject to the filing requirements of this part 3 or his or her duly authorized agent may use the electronic filing system described in paragraph (a) of this subsection (6.3) in order to meet such filing requirements. (7) (a) Not later than July 1, 2019, the secretary of state, referred to in this subsection (7) as the "secretary", shall convene a working group to consider upgrades to the electronic filing system required by subsection (6.3) of this section. The working group shall consider ways to improve the use of the system by members of the public and by individuals covered by this part 3 as well as ways to increase overall transparency and the ease of the use of data reported into the electronic filing system. The working group must meet at least once prior to December 31, 2019, and may meet as often as the secretary deems necessary to achieve the purposes of this subsection (7). The working group shall include representatives of organizations that advocate for government transparency and individuals required to register and make disclosure under this part 3. The secretary may promulgate rules to govern the working group established by this subsection (7)(a). (b) The secretary shall report the conclusions of the working group as part of the presentation of the department of state to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". (c) This subsection (7) is repealed, effective March 1, 2020. Source: Initiated 72. L. 73: p. 1663, § 1. C.R.S. 1963: § 3-37-303. L. 77: Entire section R&RE p. 1151, § 3, effective June 19. L. 79: (1)(a) amended, pp. 853, 1638, §§ 1, 2, 38, effective December 29. L. 87: Entire section R&RE, p. 923, § 3, effective July 3. L. 96: (1)(d) amended, p. 1083, § 3, effective August 7. L. 2001: IP(1), (1)(d), (1.5), and (3) amended and (1.3) added, p. 148, § 2, effective July 1 and (6.3) added, p. 148, § 2, effective January 1, 2002. L. 2010: (1), (1.3)(a), (2), (3), (5), and (6) amended, (SB 10-087), ch. 407, p. 2013, § 3, effective June 10. L. 2014: (1) and (3) amended, (SB 14-217), ch. 398, p. 2004, § 3, effective July 1, 2015. L. 2019: (7) added, (HB 19-1248), ch. 232, p. 2322, § 4, effective May 20. Editor's note: Section 6(2) of chapter 232 (HB 19-1248), Session Laws of Colorado 2019, provides that the act changing this section applies to the required disclosure of information on or after May 20, 2019. Cross references: For the short title ("Lobbyist Transparency Act") in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019. 24-6-303.5. Lobbying by state officials and employees. (1) (a) Each principal department of state government, as defined in section 24-1-110, shall designate one person who shall be responsible for any lobbying of the type defined in section 24-6-301 (3.5)(a)(I) or (3.5)(a)(III) by a state official or employee on behalf of said principal department. All designated persons from the principal departments, as well as any person lobbying, as defined in section 24Colorado Revised Statutes 2019 Page 167 of 2372 Uncertified Printout 6-301 (3.5)(a)(I) or (3.5)(a)(III), on behalf of an institution or governing board of higher education, shall register with the secretary of state by filing a written statement on or before January 15 of each year. Such registration statement shall be on a form prescribed by the secretary of state and shall include the following: (I) The designated person's full legal name, principal department address, and business telephone number; (II) The name of any state official or employee who is lobbying on behalf of the principal department, the name of such person's division or unit within the principal department, his classification or job title, and the address and telephone number of his division or unit. (b) Copies of the original documents filed with the secretary of state shall be filed with the governor's office, the secretary of the senate, and the chief clerk of the house of representatives. (c) Any amendments to the original registration statement shall be filed with the secretary of state within seven days of the pertinent change. (2) (a) In addition to the registration statement filed pursuant to subsection (1) of this section, the designated person, and any person lobbying on behalf of an institution or governing board of higher education, shall file, monthly, a disclosure statement with the secretary of state in accordance with this subsection (2). The secretary of state shall prescribe the form for such disclosure statement, which shall include: (I) The legislation on which lobbying is being performed; (II) Any expenditure of public funds used for lobbying and the amount thereof; (III) An estimate of the time spent on lobbying or preparation thereof by any state official or employee named in the registration statement or any other employee of the principal department. (b) Disclosure statements shall be filed within fifteen days after the end of the first calendar month and shall be filed within fifteen days after the end of each subsequent month during the fiscal year. (3) For purposes of this section, "state official or employee" means an individual who is compensated by a state of Colorado warrant and receives state of Colorado employee benefits except a lobbyist hired on a contract basis if he is currently registered under sections 24-6-302 and 24-6-303 or a lobbyist who registers as a professional lobbyist pursuant to sections 24-6-302 and 24-6-303. (4) This section shall not apply to the following persons: (a) Members of the public utilities commission, the industrial claim appeals office, the state board of land commissioners, the office of the property tax administrator, the state parole board, and the state personnel board; (b) Members of any board or commission serving without compensation except for per diem allowances provided by law and reimbursement of expenses; (c) Members of the governor's cabinet and personal staff employees in the offices of the governor and the lieutenant governor whose functions are confined to such offices and who report directly to the governor or lieutenant governor; (d) Appointees to fill vacancies in elective offices; (e) One deputy of each elective officer other than the governor and lieutenant governor specified in section 1 of article IV of the state constitution; (f) Members, officers, and employees of the legislative branch; Colorado Revised Statutes 2019 Page 168 of 2372 Uncertified Printout (g) Members, officers, and employees of the judicial branch; specifically, municipal, state, and federal judges and the state court administrator and his designee; and (h) Any state official or employee communicating with a covered official in response to an inquiry of that covered official or when testifying before any committee of the general assembly upon request of a committee member. (5) Any person who engages in lobbying for a principal department but who is not a state official or employee shall comply with the requirements of sections 24-6-302 and 24-6-303. Source: L. 77: Entire section added, p. 1152, § 4, effective June 19. L. 79: (4)(a) amended, p. 1638, § 39, effective July 19. L. 87: Entire section R&RE, p. 924, § 4, effective July 3. L. 2010: IP(1)(a) and (2)(b) amended, (SB 10-087), ch. 407, p. 2014, § 4, effective June 10. 24-6-304. Records - preservation - public inspection - electronic access. (1) Each person required to file statements or reports under this part 3 shall maintain for a period of five years such records relating to such statements or reports as the secretary of state determines by regulation are necessary for the effective implementation of this part 3. (2) (a) Any statement required by this part 3 to be filed with the secretary of state shall be preserved by the secretary of state for a period of five years after the date of filing, shall constitute part of the public records of that office, and shall be open and readily accessible for public inspection. The secretary of state shall implement a computer information system that will allow computer users to cross-reference and review, using the name of a professional lobbyist or any other person, any disclosure statement or other written statement filed pursuant to section 24-6-302 and registration statement filed pursuant to section 24-6-303 on which the name of such lobbyist or other person appears. (b) No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a website on the internet, or modify an existing site, that will allow computer users electronic read-only access to the information required to be filed by this part 3 free of charge. All information required to be filed by this part 3 that is filed electronically shall be made available: (I) On the website within twenty-four hours after filing; and (II) In a form that allows a computer user to cross-reference and review, using the name of a professional lobbyist or any other person, any disclosure statement or other written statement filed pursuant to section 24-6-302 and registration statement filed pursuant to section 24-6-303 on which the name of such lobbyist or other person appears. Source: Initiated 72. L. 73: p. 1663, § 1. C.R.S. 1963: § 3-37-304. L. 77: Entire section R&RE, p. 1152, § 5, effective June 19. L. 96: (2) amended, p. 1083, § 4, effective August 7. L. 2001: (2) amended, p. 149, § 3, effective January 1, 2002. L. 2010: (2)(a) and (2)(b)(II) amended, (SB 10-087), ch. 407, p. 2015, § 5, effective June 10. 24-6-304.5. Examination of books and records. (1) The secretary of state has the power to request to examine or cause to be examined the books and records of any individual who has received or is seeking to renew a certificate of registration as a lobbyist as such books and records may relate to lobbying. Colorado Revised Statutes 2019 Page 169 of 2372 Uncertified Printout (2) Failure of a registrant or an applicant for renewal of the certificate of registration to comply with a request from the secretary of state to furnish the information in subsection (1) of this section shall be grounds for the secretary of state to proceed to use his powers to revoke or suspend a certificate of registration or bar an individual from registration as provided in section 24-6-305. Source: L. 77: Entire section added, p. 1152, § 6, effective June 19. L. 79: (1) amended, p. 1638, § 40, effective July 19. 24-6-305. Powers of the secretary of state - granting and revoking of certificates barring from registration - imposition of penalties - notification of substantial violation. (1) It is the duty and responsibility of the secretary of state: (a) To grant a certificate of registration as a lobbyist to any individual who registers under the provisions of this section and who supplies the information required in this part 3; (b) To revoke the certificate of registration of any individual who has been convicted of violating any of the provisions of this part 3; (c) and (d) Repealed. (e) To revoke the certificate of registration of any individual whose lobbying privileges before the general assembly have been suspended following action on a written complaint against the person in accordance with the rules on lobbying practices promulgated by the general assembly. (1.5) (a) In the case of revocation of a certificate of registration in accordance with the provisions of paragraph (b) or (e) of subsection (1) of this section, the secretary of state shall additionally indicate the revocation on the website and shall send written notice of the revocation by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1). (b) In the case of censure that has been adopted by the general assembly, the secretary of state shall send a copy of the resolution by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1). (2) In addition to any other powers conferred by this section, the secretary of state may: (a) Revoke, or suspend for a maximum period of one year, or bar from registration for a maximum period of one year or the remainder of the legislative biennium, whichever is longer, the certificate of registration required by section 24-6-303 for failure to file the reports required by section 24-6-303, provide the information required by section 24-6-304.5, or pay fully any penalty imposed pursuant to section 24-6-302 (7); but no certificate may be revoked or suspended within thirty days after the failure to file such a report if, prior to the last day for filing such reports, the secretary of state has been informed in writing of extenuating circumstances justifying such failure. Any revocation or suspension of a certificate of registration or bar from registration shall be in accordance with the provisions of article 4 of this title. (b) Adopt rules and regulations in accordance with the provisions of article 4 of this title to define, interpret, implement, and enforce the provisions of this part 3 and to prevent the evasion of the requirements of this part 3; Colorado Revised Statutes 2019 Page 170 of 2372 Uncertified Printout (c) On his or her own motion or on the verified complaint of any person, investigate the activities of any person who is or who has allegedly been engaged in lobbying and who may be in violation of the requirements of this part 3; (d) Apply to the district court of the city and county of Denver for the issuance of an order requiring any individual who is believed by the secretary of state to be engaging in lobbying as a professional lobbyist as defined in section 24-6-301 without having received a certificate of registration as required by the provisions of section 24-6-303 to produce documentary evidence which is relevant or material or to give testimony which is relevant or material to the matter in question. (3) If the secretary of state has reasonable grounds to believe that any person is in violation of section 24-6-302 or 24-6-303, the secretary of state may, after notice has been given and a hearing held in accordance with the provisions of article 4 of this title, issue a cease-anddesist order. Such order shall set forth the provisions of this part 3 found to be violated and the facts found to be the violation. Any person subject to a cease-and-desist order shall be entitled, upon request, to judicial review in accordance with the provisions of article 4 of this title. (4) The secretary of state shall timely inform the president of the state senate and the speaker of the state house of representatives whenever the secretary of state has reasonable grounds to believe that a violation of section 24-6-302 or 24-6-303 has occurred that the secretary of state deems substantial. Source: Initiated 72. L. 73: p. 1664, § 1. C.R.S. 1963: § 3-37-305. L. 77: (1)(c) and (1)(d) repealed, (2) amended, and (3) added, pp. 1153, 1154, §§ 7, 12, effective June 19. L. 79: (1)(a), (1)(b), and (2)(d) amended, p. 1638, § 41, effective July 19. L. 96: (2)(a) amended, p. 1084, § 5, effective August 7. L. 2001: (3) amended and (4) added, p. 150, § 4, effective July 1. L. 2010: (1)(e) and (1.5) added and (2) amended, (SB 10-087), ch. 407, p. 2015, §§ 6, 7, effective June 10. L. 2014: (1.5) amended, (SB 14-217), ch. 398, p. 2005, § 4, effective July 1, 2015. 24-6-306. Employment of legislators, legislative employees, or state employees filing of statement. If any person who engages in lobbying employs or causes his employer to employ any member of the general assembly, any member of a rule-making board or commission, any rule-making official of a state agency, any employee of the general assembly, or any full-time state employee who remains in the partial employ of the state or any agency thereof, the new employer shall file a statement under oath with the secretary of state within fifteen days after such employment. The statement shall specify the nature of the employment, the name of the individual to be paid thereunder, and the amount of pay or consideration to be paid thereunder. Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-306. L. 77: Entire section amended, p. 1154, § 8, effective June 19. L. 79: Entire section amended, p. 1638, § 42, effective July 19. 24-6-307. Employment of unregistered persons. It is unlawful for any person to employ for pay or any consideration, or pay or agree to pay any consideration to, an individual to Colorado Revised Statutes 2019 Page 171 of 2372 Uncertified Printout engage in lobbying who is not registered except upon condition that such individual register forthwith. Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-307. L. 77: Entire section amended, p. 1154, § 9, effective June 19. L. 79: Entire section amended, p. 1639, § 43, effective July 19. 24-6-308. Prohibited practices. (1) No person engaged in lobbying shall: (a) Make any agreement under which any consideration is to be given, transferred, or paid to any person contingent upon the passage or defeat of any legislation; the making or defeat of any rule, standard, or rate by any state agency; or the approval or veto of any legislation by the governor of this state; (b) Knowingly attempt to deceive, or make a false statement to, a covered official regarding any material fact relating to a matter that is within the scope of duties of the covered official; (c) Conceal from a covered official the identity of the person or entity for whom the lobbyist is lobbying; (d) Knowingly use a fictitious name, or a real name without the consent of the person whose name is used, to communicate with a covered official; (e) Knowingly represent an interest adverse to the lobbyist's client without first obtaining the consent of the client after full disclosure by the lobbyist of the adverse interest; (f) Make any form of payment to a covered official as compensation for any interest in real or personal property or the provision of services in excess of the amount of compensation that would be paid by a person who is not a lobbyist for such interest or services in the ordinary course of business; (g) Make a loan to a covered official or engage in any other transaction with a covered official with the intention of making the covered official personally obligated to the lobbyist; (h) Attempt to influence the vote of a covered official in connection with any pending matter by threat of a political reprisal, including without limitation the promise of financial support of, or opposition to, the covered official's candidacy at any future election; (i) Seek to influence a covered official by communicating with the covered official's employer; (j) Cause to be introduced, or influence the introduction of, any bill, resolution, amendment, standard, rule, or rate for the purpose of afterwards being employed to secure its passage or defeat; (k) Receive compensation for lobbying while serving as a state officer or employee of the state central committee of a political party; (l) Make a campaign contribution in excess of the applicable limitations established by law or rule or make, solicit, or promise to solicit a campaign contribution during the period when lobbyists are prohibited from making such contributions under section 1-45-105.5, C.R.S.; (m) Employ, subcontract, or pay compensation to a person for lobbying who has not registered as a lobbyist; or (n) Engage in any other practice that discredits the practice of lobbying or the general assembly. Colorado Revised Statutes 2019 Page 172 of 2372 Uncertified Printout (2) Any person who believes that a lobbyist has committed any act or omission in violation of this section may file a complaint with the secretary of state or any member of the executive committee of the general assembly in accordance with the procedures for filing a complaint against a lobbyist under the joint rules of the senate and the house of representatives. Upon receipt of a complaint, the secretary of state may act upon alleged violations of this section to enforce governing laws or rules or may refer the matter to the executive committee of the general assembly. Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-308. L. 77: Entire section amended, p. 1154, § 10, effective June 19. L. 2010: Entire section amended, (SB 10-087), ch. 407, p. 2016, § 8, effective June 10. L. 2014: (1)(e) amended, (SB 14-217), ch. 398, p. 2005, § 5, effective July 1, 2015. 24-6-309. Offenses - penalties - injunctions. (1) Any person who violates any of the provisions of this part 3, except for the commission of any of the practices listed in section 24-6308 (1)(b) to (1)(e) and (1)(h) to (1)(n), willfully files any document provided for in this part 3 that contains any materially false statement or material omission, or willfully fails to comply with any material requirement of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the county jail for not more than twelve months, or by both such fine and imprisonment. (2) Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this part 3 or any rule or order under this part 3, the secretary of state may bring an action in district court to enjoin the acts or practices and to enforce compliance with this part 3 or any rule or order under this part 3. Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-309. L. 77: (2) R&RE, p. 1154, § 11, effective July 1, 1979. L. 78: (2) R&RE, p. 266, § 66, effective May 23. L. 2014: (1) amended, (SB 14-119), ch. 106, p. 392, § 1, effective April 7. Editor's note: The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980). PART 4 OPEN MEETINGS LAW 24-6-401. Declaration of policy. It is declared to be a matter of statewide concern and the policy of this state that the formation of public policy is public business and may not be conducted in secret. Source: Initiated 72. L. 73: p. 1666, § 1. C.R.S. 1963: § 3-37-401. L. 91: Entire section amended, p. 815, § 1, effective June 1. Colorado Revised Statutes 2019 Page 173 of 2372 Uncertified Printout 24-6-402. Meetings - open to public - legislative declaration - definitions. (1) For the purposes of this section: (a) (I) "Local public body" means any board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), in order to assure school board transparency "local public body" shall include members of a board of education, school administration personnel, or a combination thereof who are involved in a meeting with a representative of employees at which a collective bargaining agreement is discussed. (III) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), "local public body" includes the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22, C.R.S. (b) "Meeting" means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication. (c) "Political subdivision of the state" includes, but is not limited to, any county, city, city and county, town, home rule city, home rule county, home rule city and county, school district, special district, local improvement district, special improvement district, or service district. (d) (I) "State public body" means any board, committee, commission, or other advisory, policy-making, rule-making, decision-making, or formally constituted body of any state agency, state authority, governing board of a state institution of higher education including the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or the general assembly, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the state public body. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), "state public body" does not include the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22, C.R.S. (2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (c) (I) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be Colorado Revised Statutes 2019 Page 174 of 2372 Uncertified Printout designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (II) The general assembly hereby finds and declares that: (A) It is the intent of the general assembly that local governments transition from posting physical notices of public meetings in physical locations to posting notices on a website, social media account, or other official online presence of the local government to the greatest extent practicable; (B) It is the intent of the general assembly to relieve a local government of the requirement to physically post meeting notices, with certain exceptions, if the local government complies with the requirements of online posted notices of meetings; (C) A number of factors may affect the ability of some local governments to easily establish a website, post meeting notices online, and otherwise benefit from having an online presence, including the availability of broadband or reliable broadband, the lack of cellular telephone and data services, and fiscal or staffing constraints of the local government; (D) Local governments are encouraged to avail themselves of existing free resources for creating a website and receiving content management assistance from the Colorado statewide internet portal authority and statewide associations representing local governmental entities; and (E) It is the intent of the general assembly to closely monitor the transition to providing notices of public meetings online over the next two years and, if significant progress is not made, to bring legislation mandating in statute that all notices be posted online except in very narrow circumstances that are beyond the control of a local government. (III) On and after July 1, 2019, a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body. The notice must be accessible at no charge to the public. The local public body shall, to the extent feasible, make the notices searchable by type of meeting, date of meeting, time of meeting, agenda contents, and any other category deemed appropriate by the local public body and shall consider linking the notices to any appropriate social media accounts of the local public body. A local public body that provides notice on a website pursuant to this subsection (2)(c)(III) shall provide the address of the website to the department of local affairs for inclusion in the inventory maintained pursuant to section 24-32-116. A local public body that posts a notice of a public meeting on a public website pursuant to this subsection (2)(c)(III) may in its discretion also post a notice by any other means including in a designated public place pursuant to subsection (2)(c)(I) of this section; except that nothing in this section shall be construed to require such other posting. A local public body that posts notices of public meetings on a public website pursuant to this subsection (2)(c)(III) shall designate a public place within the boundaries of the local public body at which it may post a notice no less than twenty-four hours prior to a meeting if it is unable to post a notice online in exigent or emergency circumstances such as a power outage or an interruption in internet service that prevents the public from accessing the notice online. (IV) For purposes of this section, "local public body" includes municipalities, counties, school boards, and special districts. (d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during Colorado Revised Statutes 2019 Page 175 of 2372 Uncertified Printout which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session. (II) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (4) of this section is held shall reflect the topic of the discussion at the executive session. (III) If elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail shall be subject to the requirements of this section. Electronic mail communication among elected officials that does not relate to pending legislation or other public business shall not be considered a "meeting" within the meaning of this section. (IV) Neither a state nor a local public body may adopt any proposed policy, position, resolution, rule, or regulation or take formal action by secret ballot unless otherwise authorized in accordance with the provisions of this subparagraph (IV). Notwithstanding any other provision of this section, a vote to elect leadership of a state or local public body by that same public body may be taken by secret ballot, and a secret ballot may be used in connection with the election by a state or local public body of members of a search committee, which committee is otherwise subject to the requirements of this section, but the outcome of the vote shall be recorded contemporaneously in the minutes of the body in accordance with the requirements of this section. Nothing in this subparagraph (IV) shall be construed to affect the authority of a board of education to use a secret ballot in accordance with the requirements of section 22-32108 (6), C.R.S. For purposes of this subparagraph (IV), "secret ballot" means a vote cast in such a way that the identity of the person voting or the position taken in such vote is withheld from the public. (d.5) (I) (A) Discussions that occur in an executive session of a state public body shall be electronically recorded. If a state public body electronically recorded the minutes of its open meetings on or after August 8, 2001, the state public body shall continue to electronically record the minutes of its open meetings that occur on or after August 8, 2001; except that electronic recording shall not be required for two successive meetings of the state public body while the regularly used electronic equipment is inoperable. A state public body may satisfy the electronic recording requirements of this sub-subparagraph (A) by making any form of electronic recording of the discussions in an executive session of the state public body. Except as provided in subsubparagraph (B) of this subparagraph (I), the electronic recording of an executive session shall reflect the specific citation to the provision in subsection (3) of this section that authorizes the state public body to meet in an executive session and the actual contents of the discussion during the session. The provisions of this sub-subparagraph (A) shall not apply to discussions of individual students by a state public body pursuant to paragraph (b) of subsection (3) of this section. (B) If, in the opinion of the attorney who is representing a governing board of a state institution of higher education, including the regents of the university of Colorado, and is in attendance at an executive session that has been properly announced pursuant to paragraph (a) of subsection (3) of this section, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording shall be required to be kept of the part of the discussion that constitutes a privileged attorney-client Colorado Revised Statutes 2019 Page 176 of 2372 Uncertified Printout communication. The electronic recording of said executive session discussion shall reflect that no further record or electronic recording was kept of the discussion based on the opinion of the attorney representing the governing board of a state institution of higher education, including the regents of the university of Colorado, as stated for the record during the executive session, that the discussion constituted a privileged attorney-client communication, or the attorney representing the governing board of a state institution of higher education, including the regents of the university of Colorado, may provide a signed statement attesting that the portion of the executive session that was not recorded constituted a privileged attorney-client communication in the opinion of the attorney. (C) If a court finds, upon application of a person seeking access to the record of the executive session of a state public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that the state public body engaged in substantial discussion of any matters not enumerated in subsection (3) of this section or that the body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of paragraph (a) of subsection (3) of this section, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in subsection (3) of this section or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection pursuant to section 24-72-204 (5.5). (D) No portion of the record of an executive session of a state public body shall be open for public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the state public body or as provided in sub-subparagraph (C) of this subparagraph (I) and section 24-72-204 (5.5). (E) The record of an executive session of a state public body recorded pursuant to subsubparagraph (A) of this subparagraph (I) shall be retained for at least ninety days after the date of the executive session. (II) (A) Discussions that occur in an executive session of a local public body shall be electronically recorded. If a local public body electronically recorded the minutes of its open meetings on or after August 8, 2001, the local public body shall continue to electronically record the minutes of its open meetings that occur on or after August 8, 2001; except that electronic recording shall not be required for two successive meetings of the local public body while the regularly used electronic equipment is inoperable. A local public body may satisfy the electronic recording requirements of this sub-subparagraph (A) by making any form of electronic recording of the discussions in an executive session of the local public body. Except as provided in subsubparagraph (B) of this subparagraph (II), the electronic recording of an executive session shall reflect the specific citation to the provision in subsection (4) of this section that authorizes the local public body to meet in an executive session and the actual contents of the discussion during the session. The provisions of this sub-subparagraph (A) shall not apply to discussions of individual students by a local public body pursuant to paragraph (h) of subsection (4) of this section. (B) If, in the opinion of the attorney who is representing the local public body and who is in attendance at an executive session that has been properly announced pursuant to subsection (4) of this section, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording shall be required to be kept of the part of the discussion that constitutes a privileged attorney-client communication. Colorado Revised Statutes 2019 Page 177 of 2372 Uncertified Printout The electronic recording of said executive session discussion shall reflect that no further record or electronic recording was kept of the discussion based on the opinion of the attorney representing the local public body, as stated for the record during the executive session, that the discussion constituted a privileged attorney-client communication, or the attorney representing the local public body may provide a signed statement attesting that the portion of the executive session that was not recorded constituted a privileged attorney-client communication in the opinion of the attorney. (C) If a court finds, upon application of a person seeking access to the record of the executive session of a local public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that the local public body engaged in substantial discussion of any matters not enumerated in subsection (4) of this section or that the body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of subsection (4) of this section, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in subsection (4) of this section or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection pursuant to section 24-72-204 (5.5). (D) No portion of the record of an executive session of a local public body shall be open for public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the local public body or as provided in sub-subparagraph (C) of this subparagraph (II) and section 24-72-204 (5.5). (E) Except as otherwise required by section 22-32-108 (5)(e), C.R.S., the record of an executive session of a local public body recorded pursuant to sub-subparagraph (A) of this subparagraph (II) shall be retained for at least ninety days after the date of the executive session. (e) This part 4 does not apply to any chance meeting or social gathering at which discussion of public business is not the central purpose. (f) The provisions of paragraph (c) of this subsection (2) shall not be construed to apply to the day-to-day oversight of property or supervision of employees by county commissioners. Except as set forth in this paragraph (f), the provisions of this paragraph (f) shall not be interpreted to alter any requirements of paragraph (c) of this subsection (2). (3) (a) The members of a state public body subject to this part 4, upon the announcement by the state public body to the public of the topic for discussion in the executive session, including specific citation to the provision of this subsection (3) authorizing the body to meet in an executive session and identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, and the affirmative vote of two-thirds of the entire membership of the body after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the matters enumerated in subsection (3)(b) of this section or the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action, except the review, approval, and amendment of the minutes of an executive session recorded pursuant to subsection (2)(d.5)(I) of this section, shall occur at any executive session that is not open to the public: (I) The purchase of property for public purposes, or the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. Colorado Revised Statutes 2019 Page 178 of 2372 Uncertified Printout No member of the state public body shall use this paragraph (a) as a subterfuge for providing covert information to prospective buyers or sellers. Governing boards of state institutions of higher education including the regents of the university of Colorado may also consider the acquisition of property as a gift in an executive session, only if such executive session is requested by the donor. (II) Conferences with an attorney representing the state public body concerning disputes involving the public body that are the subject of pending or imminent court action, concerning specific claims or grievances, or for purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of a state public body is not sufficient to satisfy the requirements of this subsection (3). (III) Matters required to be kept confidential by federal law or rules, state statutes, or in accordance with the requirements of any joint rule of the senate and house of representatives pertaining to lobbying practices or workplace harassment or workplace expectations policies; (IV) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; (V) Determining positions relative to matters that may be subject to negotiations with employees or employee organizations; developing strategy for and receiving reports on the progress of such negotiations; and instructing negotiators; (VI) With respect to the board of regents of the university of Colorado and the board of directors of the university of Colorado hospital authority created pursuant to article 21 of title 23, C.R.S., matters concerning the modification, initiation, or cessation of patient care programs at the university hospital operated by the university of Colorado hospital authority pursuant to part 5 of article 21 of title 23, C.R.S., (including the university of Colorado psychiatric hospital), and receiving reports with regard to any of the above, if premature disclosure of information would give an unfair competitive or bargaining advantage to any person or entity; (VII) With respect to nonprofit corporations incorporated pursuant to section 23-5-121 (2), C.R.S., matters concerning trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data furnished by or obtained from any person; (VIII) With respect to the governing board of a state institution of higher education and any committee thereof, consideration of nominations for the awarding of honorary degrees, medals, and other honorary awards by the institution and consideration of proposals for the naming of a building or a portion of a building for a person or persons. (b) (I) All meetings held by members of a state public body subject to this part 4 to consider the appointment or employment of a public official or employee or the dismissal, discipline, promotion, demotion, or compensation of, or the investigation of charges or complaints against, a public official or employee shall be open to the public unless said applicant, official, or employee requests an executive session. Governing boards of institutions of higher education including the regents of the university of Colorado may, upon their own affirmative vote, hold executive sessions to consider the matters listed in this paragraph (b). Executive sessions may be held to review administrative actions regarding investigation of charges or complaints and attendant investigative reports against students where public disclosure could adversely affect the person or persons involved, unless the students have specifically consented to or requested the disclosure of such matters. An executive session may Colorado Revised Statutes 2019 Page 179 of 2372 Uncertified Printout be held only at a regular or special meeting of the state public body and only upon the announcement by the public body to the public of the topic for discussion in the executive session and the affirmative vote of two-thirds of the entire membership of the body after such announcement. (II) The provisions of subparagraph (I) of this paragraph (b) shall not apply to discussions concerning any member of the state public body, any elected official, or the appointment of a person to fill the office of a member of the state public body or an elected official or to discussions of personnel policies that do not require the discussion of matters personal to particular employees. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (3), the state board of parole created in part 2 of article 2 of title 17, C.R.S., may proceed in executive session to consider matters connected with any parole proceedings under the jurisdiction of said board; except that no final parole decisions shall be made by said board while in executive session. Such executive session may be held only at a regular or special meeting of the state board of parole and only upon the affirmative vote of two-thirds of the membership of the board present at such meeting. (d) Notwithstanding any provision of paragraph (a) or (b) of this subsection (3) to the contrary, upon the affirmative vote of two-thirds of the members of the governing board of an institution of higher education who are authorized to vote, the governing board may hold an executive session in accordance with the provisions of this subsection (3). (3.5) A search committee of a state public body or local public body shall establish job search goals, including the writing of the job description, deadlines for applications, requirements for applicants, selection procedures, and the time frame for appointing or employing a chief executive officer of an agency, authority, institution, or other entity at an open meeting. The state or local public body shall make public the list of all finalists under consideration for the position of chief executive officer no later than fourteen days prior to appointing or employing one of the finalists to fill the position. No offer of appointment or employment shall be made prior to this public notice. Records submitted by or on behalf of a finalist for such position shall be subject to the provisions of section 24-72-204 (3)(a)(XI). As used in this subsection (3.5), "finalist" shall have the same meaning as in section 24-72-204 (3)(a)(XI). Nothing in this subsection (3.5) shall be construed to prohibit a search committee from holding an executive session to consider appointment or employment matters not described in this subsection (3.5) and otherwise authorized by this section. (4) The members of a local public body subject to this part 4, upon the announcement by the local public body to the public of the topic for discussion in the executive session, including specific citation to this subsection (4) authorizing the body to meet in an executive session and identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, and the affirmative vote of two-thirds of the quorum present, after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action, except the review, approval, and amendment of the minutes of an executive session recorded pursuant to subsection (2)(d.5)(II) of this section, shall occur at any executive session that is not open to the public: Colorado Revised Statutes 2019 Page 180 of 2372 Uncertified Printout (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy the requirements of this subsection (4). (c) Matters required to be kept confidential by federal or state law or rules and regulations. The local public body shall announce the specific citation of the statutes or rules that are the basis for such confidentiality before holding the executive session. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; (e) (I) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. (II) Subsection (4)(e)(I) of this section shall not apply to a meeting of the members of a board of education of a school district: (A) During which negotiations relating to collective bargaining, as defined in section 83-104 (3), are discussed; or (B) During which negotiations for employment contracts, other than negotiations for an individual employee's contract, are discussed. (III) Notwithstanding subsection (4)(e)(II) of this section, the members of a board of education of a school district may hold an executive session in accordance with the requirements of this subsection (4)(e) for the purpose of developing the strategy of the school district for negotiations relating to collective bargaining or employment contracts. (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. With respect to hearings held pursuant to the "Teacher Employment, Compensation, and Dismissal Act of 1990", article 63 of title 22, C.R.S., the provisions of section 22-63-302 (7)(a), C.R.S., shall govern in lieu of the provisions of this subsection (4). (II) The provisions of subparagraph (I) of this paragraph (f) shall not apply to discussions concerning any member of the local public body, any elected official, or the appointment of a person to fill the office of a member of the local public body or an elected official or to discussions of personnel policies that do not require the discussion of matters personal to particular employees. (g) Consideration of any documents protected by the mandatory nondisclosure provisions of the "Colorado Open Records Act", part 2 of article 72 of this title; except that all consideration of documents or records that are work product as defined in section 24-72-202 (6.5) or that are subject to the governmental or deliberative process privilege shall occur in a public meeting unless an executive session is otherwise allowed pursuant to this subsection (4); (h) Discussion of individual students where public disclosure would adversely affect the person or persons involved. Colorado Revised Statutes 2019 Page 181 of 2372 Uncertified Printout (5) (Deleted by amendment, L. 96, p. 691, §1, effective July 1, 1996.) (6) The limitations imposed by subsections (3), (4), and (5) of this section do not apply to matters which are covered by section 14 of article V of the state constitution. (7) The secretary or clerk of each state public body or local public body shall maintain a list of persons who, within the previous two years, have requested notification of all meetings or of meetings when certain specified policies will be discussed and shall provide reasonable advance notification of such meetings, provided, however, that unintentional failure to provide such advance notice will not nullify actions taken at an otherwise properly published meeting. The provisions of this subsection (7) shall not apply to the day-to-day oversight of property or supervision of employees by county commissioners, as provided in paragraph (f) of subsection (2) of this section. (8) No resolution, rule, regulation, ordinance, or formal action of a state or local public body shall be valid unless taken or made at a meeting that meets the requirements of subsection (2) of this section. (9) (a) Any person denied or threatened with denial of any of the rights that are conferred on the public by this part 4 has suffered an injury in fact and, therefore, has standing to challenge the violation of this part 4. (b) The courts of record of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. In any action in which the court finds a violation of this section, the court shall award the citizen prevailing in such action costs and reasonable attorney fees. In the event the court does not find a violation of this section, it shall award costs and reasonable attorney fees to the prevailing party if the court finds that the action was frivolous, vexatious, or groundless. (10) Any provision of this section declared to be unconstitutional or otherwise invalid shall not impair the remaining provisions of this section, and, to this end, the provisions of this section are declared to be severable. Source: Initiated 72. L. 73: p. 1666, § 1. C.R.S. 1963: § 3-37-402. L. 77: (1) and (2) amended and (3) added, pp. 1155, 1157, §§ 1, 1, effective June 19. L. 85: (2.6) added, p. 644, § 6, effective June 19. L. 87: (1), (2.3)(a), (2.3)(b), and (2.5) amended and (2.3)(f) added, p. 926, § 1, effective March 27. L. 89: (2.3)(f) amended, p. 1004, § 4, effective October 1. L. 91: Entire section amended, p. 815, § 2, effective June 1; (3)(a)(VI) amended, p. 586, § 6, effective October 1. L. 92: (2)(f) added, p. 972, § 1, effective April 23. L. 96: (2)(d)(III) added, p. 1480, § 2, effective June 1; (1)(b), (1)(d), (2)(d), IP(3)(a), (3)(a)(II), (3)(a)(V), (3)(b), IP(4), (4)(c), (5), and (7) amended and (3.5) added, p. 691, § 1, effective July 1. L. 97: (3.5) amended, p. 320, § 1, effective April 14. L. 99: (4)(g) amended, p. 205, § 1, effective March 31. L. 2000: (1)(d) amended and (3)(a)(VII) added, pp. 414, 415, §§ 4, 5, effective April 13. L. 2001: (3)(a)(III) amended, p. 150, § 5, effective March 27; (2)(d.5) added and IP(3)(a), (3)(b), IP(4), and (4)(f) amended, pp. 1069, 1072, §§ 1, 2, effective August 8. L. 2002: (3)(a)(IV) and (4)(d) amended, p. 238, § 7, effective April 12; (2)(d.5)(I)(A) and (2)(d.5)(II)(A) amended, p. 643, § 3, effective May 24; (3)(a)(VIII) added, p. 85, § 1, effective August 7. L. 2006: (2)(d.5)(I)(A), (2)(d.5)(I)(B), (2)(d.5)(II)(A), and (2)(d.5)(II)(B) amended, p. 9, § 1, effective August 7. L. 2009: (2)(d.5)(I)(B) and (3)(a)(II) amended, (HB 09-1124), ch. 94, p. 359, § 1, effective August 5; (4)(g) amended, (SB 09-292), ch. 369, p. 1967, § 74, effective August 5. L. 2010: (3)(d) added, (SB 10-003), ch. 391, p. 1859, § 40, effective June 9. L. 2012: (2)(d)(IV) added, (HB 12-1169), ch. 64, p. 227, § Colorado Revised Statutes 2019 Page 182 of 2372 Uncertified Printout 1, effective March 24. L. 2014: (2)(d.5)(II)(E) amended, (SB 14-182), ch. 393, p. 1986, § 2, effective June 6; (9) amended, (HB 14-1390), ch. 380, p. 1859, § 1, effective June 6. Initiated 2014: (1)(a) and (4)(e) amended, L. 2015, p. 2203, § 1, effective upon proclamation of the governor, December 17, 2014. L. 2016: (1)(a)(III) added and (1)(d) amended, (HB 16-1422), ch. 351, p. 1436, § 15, effective June 10. L. 2019: IP(3)(a) and (3)(a)(III) amended, (SB 19-244), ch. 243, p. 2377, § 2, effective May 20; (2)(c) amended, (HB 19-1087), ch. 134, p. 608, § 1, effective August 2; IP(4) and (4)(e) amended, (HB 19-1201), ch. 98, p. 359, § 1, effective September 1. Editor's note: (1) Subsection (2.3)(f) was amended by House Bill No. 1143, enacted by the General Assembly at its first regular session in 1989, as a conforming amendment necessitated by the authorization for the operation of the university of Colorado university hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public Employees v. Board of Regents, 804 P.2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the General Assembly at its first regular session in 1991, authorized the operation of university hospital by a newly created university of Colorado hospital authority. Since the previous act was declared unconstitutional in its entirety, the General Assembly elected to make a similar conforming amendment in Senate Bill 91-225. However, subsection (2.3)(f) was amended in Senate Bill 91-33, enacted by the General Assembly at its first regular session in 1991. The provisions of said subsection (2.3)(f) were moved to subsection (3)(a), and, therefore, said subsection was the version amended. For further explanation of the circumstances surrounding the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of chapter 99, Session Laws of Colorado 1991. (2) The vote count on the measure at the general election held November 4, 2014, was as follows: FOR: 1,364,747 AGAINST: 582,473 Cross references: For the legislative declaration contained in the 1996 act enacting subsection (2)(d)(III), see section 1 of chapter 271, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsections (2)(d.5)(I)(A) and (2)(d.5)(II)(A), see section 1 of chapter 187, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (3)(d), see section 1 of chapter 391, Session Laws of Colorado 2010. ARTICLE 7 State Security Officers 24-7-100.2. Legislative declaration. (1) The general assembly hereby finds that the efforts of security officers employed by institutions of higher education to protect the persons Colorado Revised Statutes 2019 Page 183 of 2372 Uncertified Printout and property of their environments are important elements of effective public safety management. (2) The general assembly acknowledges the operational and environmental acumen of security officers of institutions of higher education regarding their facilities and the importance of including representatives of the institutions in emergency preparedness planning and training efforts conducted by local law enforcement agencies and emergency planning agencies intended to reduce the likelihood of, and develop effective responses to, emergency situations occurring at their facilities. (3) The general assembly hereby encourages ongoing cooperation efforts among local law enforcement agencies, emergency planning agencies, and the security officers of institutions of higher education regarding emergency preparedness and response planning and training and development of communication capabilities supporting effective coordination among these groups during emergencies. Source: L. 2008: Entire section added, p. 87, § 5, effective March 18. 24-7-101. State institutions authorized to employ security officers. The institutions, agencies, and departments of state government, including any institution of higher education, are hereby authorized to employ security officers to protect the property of the institution, agency, or department employing the officer and to perform other police, security, and administrative functions as may be deemed necessary. Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-1. L. 2008: Entire section amended, p. 87, § 6, effective March 18. 24-7-102. Supervision and control. The security officers employed pursuant to this article shall be under the control and supervision of the governing authority or head of the employing state institution. The governing authorities or heads of the state institutions, agencies, and departments shall provide appropriate credentials for the officers. The employing institution, department, or agency may permit its security officers that have been designated as peace officers pursuant to section 16-2.5-101, C.R.S., to hold and receive such other law enforcement commissions or appointments as are appropriate to carry out their duties. Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-2. L. 2008: Entire section amended, p. 87, § 7, effective March 18. 24-7-103. Powers conferred. (1) Security officers employed and commissioned pursuant to this article that have been designated as peace officers pursuant to section 16-2.5101, C.R.S., when operating on state owned or leased property, are hereby granted all the powers conferred by law upon peace officers to carry weapons and to make arrests. (2) When not on state owned or leased property, security officers employed and commissioned pursuant to this article shall not have any authority not possessed by private citizens to arrest, investigate, or carry weapons. This subsection (2) shall not apply to peace officers as described in section 16-2.5-101, C.R.S. Colorado Revised Statutes 2019 Page 184 of 2372 Uncertified Printout Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-3. L. 2002: Entire section amended, p. 840, § 2, effective May 30. L. 2003: (2) amended, p. 1622, § 38, effective August 6. L. 2008: (1) amended, p. 87, § 8, effective March 18. 24-7-104. State property not exempt from local law enforcement. Nothing in this article shall be construed to exempt state property from the authority of law enforcement agencies within whose jurisdiction the state property is located; except that representatives of the law enforcement agencies shall coordinate their official actions on state property with the appropriate security officers or police officers, except when emergency circumstances preclude such coordination. Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-4. L. 2008: Entire section amended, p. 88, § 9, effective March 18. 24-7-105. Officers' qualifications. Security officers shall be at least twenty-one years of age and shall possess such other qualifications as may be specified by the state personnel director, including continuing training as may be prescribed by the said director. Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-5. L. 94: Entire section amended, p. 1731, § 10, effective May 31. Cross references: For provisions concerning the Colorado law enforcement training academy, see part 3 of article 33.5 of this title. 24-7-106. Peace officers standards and training board evaluation and recommendation - legislative authorization of peace officer status required. Notwithstanding other provisions of this article, a person or group of persons employed as security officers or guards by any institution, agency, or department of state government, including any institution of higher education, shall not be designated as peace officers, after June 3, 2004, without completing the peace officer standards and training board processes described in sections 16-2.5201 and 16-2.5-202, C.R.S., and obtaining the legislative authorization described in section 162.5-101, C.R.S. Source: L. 2008: Entire section added, p. 88, § 10, effective March 18. ARTICLE 7.5 Colorado Higher Education Police Officers 24-7.5-101. State institutions of higher education authorized to employ police officers. The state institutions of higher education are authorized to employ police officers to provide law enforcement and property protection for the institution employing the officers and to perform other police, emergency planning, community safety, and administrative functions as may be deemed necessary. Colorado Revised Statutes 2019 Page 185 of 2372 Uncertified Printout Source: L. 2008: Entire article added, p. 88, § 11, effective March 18. 24-7.5-102. Supervision and control. State higher education police officers employed pursuant to this article shall be under the supervision and control of the governing board of the employing state institution of higher education or its designee. The governing board or head of the state institution of higher education shall provide institutional police commissions and other appropriate credentials for the police officers. The employing institution may permit its police officers to hold and receive other law enforcement commissions or appointments as are appropriate to carry out their duties. Source: L. 2008: Entire article added, p. 88, § 11, effective March 18. 24-7.5-103. Powers conferred. (1) State higher education police officers employed and commissioned pursuant to this article, when operating on property owned or leased by the state institution of higher education, are granted all the powers conferred by law upon peace officers to carry weapons and make arrests. (2) When not on property owned or leased by the state institution of higher education, state higher education police officers shall not have any greater authority than that conferred upon peace officers by section 16-3-110, C.R.S. Source: L. 2008: Entire article added, p. 88, § 11, effective March 18. 24-7.5-104. State institution of higher education property not exempt from local law enforcement. Nothing in this article shall be construed to exempt the property of a state institution of higher education from the authority of law enforcement agencies within whose jurisdiction the property is located; except that representatives of the law enforcement agencies shall coordinate their official actions on the property with the appropriate higher education police officers, except when emergency circumstances preclude such coordination. Source: L. 2008: Entire article added, p. 89, § 11, effective March 18. 24-7.5-105. Officers' qualifications. State higher education police officers shall be at least twenty-one years of age and shall possess other qualifications as may be specified by the state personnel director, including continuing training as may be prescribed by the director. State higher education police officers shall be certified by the peace officers standards and training board. Source: L. 2008: Entire article added, p. 89, § 11, effective March 18. 24-7.5-106. Peace officers standards and training board evaluation and recommendation - legislative authorization of peace officer status required. Notwithstanding any other provision of this article, a person or group of persons employed by any institution of higher education shall not be designated as police officers after June 3, 2004, without completing the peace officers standards and training board processes described in sections 16-2.5-201 and 16-2.5-202, C.R.S., and obtaining the certification described in section 16-2.5-102, C.R.S. Colorado Revised Statutes 2019 Page 186 of 2372 Uncertified Printout Source: L. 2009: Entire section added, (SB 09-097), ch. 110, p. 457, § 5, effective August 5. ARTICLE 8 Governor-elect - Transition to New Administration 24-8-101. Legislative declaration. The general assembly declares it to be in the public interest that the transition from the administration of one governor to that of another be efficient and carefully planned. It is the purpose of this article to provide the governor-elect with sufficient resources to effect such a transition, including temporary office space, staff services, access to budgetary and other necessary and desirable information, and cooperation of officials and employees of the executive branch of state government. Source: L. 69: p. 95, § 1. C.R.S. 1963: § 3-29-1. 24-8-102. Office space, supplies, and equipment. The department of personnel shall provide the governor-elect and the governor-elect's staff with suitable office space in the capitol building, together with sufficient furnishings, supplies, equipment, and telephone service for the period between the general election and the inauguration. Source: L. 69: p. 95, § 2. C.R.S. 1963: § 3-29-2. L. 95: Entire section amended, p. 639, § 29, effective July 1. Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995. 24-8-103. Access to information. (1) The governor and executive director of the department of personnel shall cooperate with the governor-elect and the governor-elect's staff to enable the governor-elect to adequately prepare his or her policy priorities, budget recommendations, legislative program, and messages to the general assembly. To implement the provisions of this section, the governor-elect and authorized staff shall have full access to: (a) All reports, estimates, minutes of hearings, and other information in the executive department of state government pertaining to estimated revenues and the proposed executive budget for the next fiscal year or years; (b) All information relating to the problems, policies, and plans of any department of the executive branch of state government; (c) The official records of the governor's office. Source: L. 69: p. 95, § 3. C.R.S. 1963: § 3-29-3. L. 95: IP(1) amended, p. 640, § 30, effective July 1. Cross references: For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995. Colorado Revised Statutes 2019 Page 187 of 2372 Uncertified Printout 24-8-104. Staff personnel - state employees. The governor-elect shall be entitled to contract for the assistance and services of persons of his own choosing for the period between the general election and the inauguration, and they shall receive reasonable compensation for their services within the limits of appropriations made under section 24-8-105. Such persons shall not otherwise be classified as state employees, nor shall they be subject to the state personnel system laws during such period. In addition, upon request of the governor-elect, the executive director of any department shall assign an employee of his department to assist the governor-elect and his staff for such time as may be necessary between the general election and the inauguration. Source: L. 69: p. 95, § 4. C.R.S. 1963: § 3-29-4. 24-8-105. General assembly to make appropriation. At the regular session in each year in which there is a general election to elect a new governor, the general assembly shall appropriate to the department of personnel a sum of not less than ten thousand dollars to pay the necessary expenses of the governor-elect incurred between the general election and the inauguration, including, but not limited to, office supplies, postage, actual and necessary travel expenses, and compensation of administrative, secretarial, and clerical personnel. Any unexpended balance of such appropriation remaining after the payment of such expenses shall revert to the general fund. Source: L. 69: p. 96, § 5. C.R.S. 1963: § 3-29-5. L. 95: Entire section amended, p. 640, § 31, effective July 1. Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995. ARTICLE 9 Compensation of State Officers 24-9-101. Salaries of elected state officials. (1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows: (a) Governor: (I) Repealed. (II) (A) The salary payable to the governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty-six percent of the total annual salary paid to the chief justice of the state supreme court on January 10, 2019. (B) Each subsequent salary paid under this paragraph (a) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year gubernatorial term, and applying to each year of that term, the governor's annual salary is an amount equal to sixty-six percent of the total annual salary earned by the chief justice of the supreme court on the first day of the governor's term. (b) Lieutenant governor: (I) Repealed. Colorado Revised Statutes 2019 Page 188 of 2372 Uncertified Printout (II) (A) The salary payable to the lieutenant governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019. (B) Each subsequent salary paid under this paragraph (b) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the lieutenant governor's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the lieutenant governor's term. (III) Notwithstanding any provision of subparagraph (II) of this paragraph (b) to the contrary, if the lieutenant governor is concurrently serving as the head of a principal department and the salary for the head of that principal department is greater than that to which the lieutenant governor is entitled under this paragraph (b), the lieutenant governor shall also be paid that portion of the salary for the head of the principal department that, when added to the amount of the salary paid under this paragraph (b), equals the amount paid to the head of that principal department. (IV) Notwithstanding subsection (1)(b)(II) of this section, if the lieutenant governor is concurrently serving as the director of the office of saving people money on health care within the office of the governor and the salary for the director of the office of saving people money on health care is greater than the amount to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the director of the office of saving people money that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the director of the office of saving people money. (c) President of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives, while for any reason acting as governor, the sum of twenty dollars per day as expenses; (d) Attorney general: (I) Repealed. (II) (A) The salary payable to the attorney general for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty percent of the total annual salary paid to the chief judge of the court of appeals on January 10, 2019. (B) Each subsequent salary paid under this paragraph (d) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the attorney general's annual salary is an amount equal to sixty percent of the total annual salary earned by the chief judge of the court of appeals on the first day of the attorney general's term. (e) Secretary of state: (I) Repealed. (II) (A) The salary payable to the secretary of state for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019. (B) Each subsequent salary paid under this paragraph (e) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to Colorado Revised Statutes 2019 Page 189 of 2372 Uncertified Printout each year of that term, the secretary of state's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the secretary of state's term. (f) State treasurer: (I) Repealed. (II) (A) The salary payable to the state treasurer for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 136-201, C.R.S., on January 10, 2019. (B) Each subsequent salary paid under this paragraph (f) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the state treasurer's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the state treasurer's term. (2) Any official who assumes his or her position by reason of filling a vacancy shall be paid the same salary as that to which the vacating official was entitled. (3) Repealed. (4) Nothing in this section authorizes the salary of any elected state official to be modified while he or she is serving his or her official term. (5) The director of research of the legislative council appointed pursuant to section 2-3304 (1), C.R.S., shall post the amount of the current annual salary payable to each elected official pursuant to this section on the website of the general assembly. In addition, the department of each elected official shall publish the amount of the current annual salary payable to the elected official on the website of department. Source: L. 58: p. 236, §§ 1, 2. C.R.S. 53: § 56-1-4. L. 62: pp. 155, 161, §§ 2, 1. C.R.S. 1963: § 56-1-1. L. 65: p. 162, § 13. L. 67: pp. 594, 595, §§ 1, 4. L. 70: p. 189, § 1. L. 74: (1)(e), (1)(f), and (1)(g) amended and (2) R&RE, p. 272, §§ 1, 2, effective July 1. L. 76: (1)(c) amended, p. 305, § 42, effective May 20. L. 78: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 392, § 2, effective January 1. L. 80: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 577, § 5, effective July 1. L. 85: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 801, § 1, effective July 1. L. 97: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 1176, § 2, effective May 28. L. 98: (3) added, p. 824, § 35, effective August 5. L. 2011: (1)(b) amended, (HB 11-1155), ch. 90, p. 265, § 3, effective April 6. L. 2015: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (4) and (5) added, (SB 15-288), ch. 270, p. 1056, § 1, effective January 1, 2016. L. 2016: (1)(b)(I) amended, (HB 16-1462), ch. 192, p. 681, § 2, effective May 26. L. 2019: (1)(b)(IV) added, (HB 19-1127), ch. 310, p. 2808, § 2, effective May 28. Editor's note: (1) Subsection (3)(b) provided for the repeal of subsection (3), effective January 12, 1999. (See L. 98, p. 824.) (2) Subsections (1)(a)(I)(B), (1)(b)(I)(B), (1)(d)(I)(B), (1)(e)(I)(B), and (1)(f)(I)(B) provided for the repeal of subsections (1)(a)(I), (1)(b)(I), (1)(d)(I), (1)(e)(I), and (1)(f)(I), respectively, effective January 10, 2019. (See L. 2015, p. 1056.) Colorado Revised Statutes 2019 Page 190 of 2372 Uncertified Printout Cross references: For limitations on increase of salaries for elected officials, see § 11 of article XII, Colo. Const. 24-9-102. Salaries of appointed state officials. (1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows: (a) Deputy secretary of state, an amount set by the secretary of state; (b) Deputy state treasurer, an amount set by the state treasurer; (c) Repealed. (d) Effective July 1, 2005, public utilities commission, each commissioner, an amount as set by the executive director of the department of regulatory agencies based on the most recent available figures contained in the annual total compensation survey conducted by the state personnel director pursuant to section 24-50-104 (4)(a) and subject to review by the state auditor and the general assembly pursuant to section 24-50-104 (4)(b) and (4)(c). The commissioners' salaries shall be set within the range identified in the survey for the category of senior executive service and shall be uniform; except that the chairman may receive a salary that is up to ten percent higher than those of the other two commissioners. (e) Repealed. (2) The positions listed in paragraphs (a) to (e) of subsection (1) of this section shall be full-time positions, and the salaries shall be for the full-time services of the persons involved. (3) (Deleted by amendment, L. 2005, p. 500, § 1, effective May 12, 2005.) Source: L. 1883: p. 191, § 1. G.S. § 2993. L. 1891: p. 197, § 4. L. 05: p. 156, § 1. L. 07: p. 400, § 1. R.S. 08: §§ 2557, 2558, 2561, 2563. C.L. §§ 7912, 7916, 7918. CSA: C. 66, §§ 52(1a), 52(1b). L. 45: p. 340, § 1. L. 51: p. 389, § 1. L. 53: p. 292, §§ 1, 2. CRS 53: § 56-1-1. L. 55: p. 379, §§ 1, 2. L. 56: p. 142, § 1. L. 58: p. 237, § 2. L. 59: pp. 434, 435, §§ 1, 2. L. 62: pp. 155, 157, 158, §§ 1, 1, 1. L. 63: p. 489, § 1. C.R.S. 1963: § 56-1-3. L. 65: pp. 162, 623, §§ 13, 1. L. 67: pp. 31, 594, 595, §§ 1, 2-4. L. 68: p. 138, § 175. L. 69: pp. 380, 381, §§ 1, 1. L. 71: p. 316, § 21. L. 73: pp. 621, 622, §§ 1, 2, 1. L. 76: (1)(c), (1)(d), (1)(e) and (3) amended, p. 592, § 4, effective July 1. L. 78: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), and (3) amended, p. 393, § 3, effective July 1. L. 80: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), and (3) amended, p. 578, § 6, effective July 1. L. 84: (1)(c), (1)(d), (1)(e), and (3) amended, p. 667, § 1, effective May 9; (1)(a), (1)(b), and (3) amended, p. 665, § 1, effective July 1. L. 86: (1)(e) repealed, p. 502, § 125, effective July 1. L. 87: (1)(a), (1)(b), and (3) amended, p. 928, § 1, effective July 1. L. 93: (1)(d) amended, p. 2056, § 1, effective July 1. L. 96: (1)(d) amended, p. 632, § 1, effective May 1. L. 97: (1)(c) repealed, p. 855, § 42, effective May 21. L. 2005: (1)(d) and (3) amended, p. 500, § 1, effective May 12. 24-9-103. Deputy state officers. The secretary of state and the state treasurer are hereby authorized to appoint their own deputies. Source: L. 1891: p. 194, §§ 1-3. R.S. 08: §§ 2559, 2560, 2562. C.L. §§ 7914, 7915, 7917. CSA: C. 66, §§ 53-55. L. 47: p. 460, § 3. CRS 53: § 56-1-3. C.R.S. 1963: § 56-1-4. L. 65: p. 158, § 11. 24-9-104. Mileage allowances. Colorado Revised Statutes 2019 Page 191 of 2372 Uncertified Printout (1) Repealed. (2) (a) to (c) Repealed. (d) On and after January 1, 2008, state officers and employees shall be allowed a mileage allowance for each mile actually and necessarily traveled while on official state business calculated at ninety percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent, and, when authorized to be utilized and necessary for official state business, ninety-five percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent for four-wheel-drive vehicles and forty cents per nautical mile for privately owned aircraft. (e) For purposes of this section, "four-wheel-drive vehicles" means sport utility vehicles and pick-up trucks with a four-wheel-drive transmission system. "Four-wheel-drive vehicles" shall not include standard vehicles with all-wheel-drive capability. (f) Repealed. Source: L. 83: Entire section R&RE, p. 858, § 1, effective June 3. L. 88: (1) repealed, p. 1435, § 31, effective June 11. L. 98: (2) amended, p. 896, § 1, effective July 1, 1999. L. 2006: (2) amended, p. 1348, § 2, effective May 31. Editor's note: (1) Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective January 1, 2007. (See L. 2006, p. 1348.) (2) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective January 1, 2008. (See L. 2006, p. 1348.) (3) Subsections (2)(c)(II) and (2)(f)(IV) provided for the repeal of subsections (2)(c) and (2)(f), respectively, effective January 1, 2009. (See L. 2006, p. 1348.) 24-9-105. Elected state officials - discretionary funds. (1) Beginning with the fiscal year commencing July 1, 1985, and for each fiscal year thereafter, subject to annual appropriation by the general assembly, there is hereby available the following amounts for elected state officials for expenditure in pursuance of official business as each elected official sees fit: (a) Governor, twenty thousand dollars; (b) Lieutenant governor, five thousand dollars; (c) Attorney general, five thousand dollars; (d) Secretary of state, five thousand dollars; (e) State treasurer, five thousand dollars. (2) The appropriations made by paragraphs (a), (b), (c), and (e) of subsection (1) of this section shall be out of any moneys in the general fund not otherwise appropriated, and the appropriation made by paragraph (d) of subsection (1) of this section shall be out of any moneys in the department of state cash fund not otherwise appropriated. Source: L. 85: Entire section added, p. 801, § 2, effective July 1. L. 93: (1) amended, p. 1515, § 19, effective June 6. Cross references: For the department of state cash fund, see § 24-21-104 (3)(b). Colorado Revised Statutes 2019 Page 192 of 2372 Uncertified Printout ARTICLE 9.5 Recall of State Officers 24-9.5-101 to 24-9.5-109. (Repealed) Source: L. 92: Entire article repealed, p. 924, § 198, effective January 1, 1993. Editor's note: (1) This article was added in 1979. For amendments to this article prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Provisions relating to recall of state officers are now located in article 12 of title 1. ARTICLE 10 Governmental Immunity Editor's note: The doctrine of sovereign immunity of the state, school districts, and counties was prospectively overruled in three Colorado supreme court decisions announced contemporaneously prior to July 1, 1972, the effective date of this article. In these decisions, the court held that the legislature had full authority to restore the doctrine, in whole or in part. The decisions are: Evans v. Board of County Comm'rs of County of El Paso, 174 Colo. 97, 482 P.2d 968 (1971); Flournoy v. School Dist. No. 1 in City and County of Denver, 174 Colo. 110, 482 P.2d 966 (1971); and Proffitt v. State, 174 Colo. 113, 482 P.2d 965 (1971). Cross references: For applicability of the risk management fund to claims under this article, see § 24-30-1510. Law reviews: For note, "The Colorado Governmental Immunity Act: A Judicial Challenge and the Legislative Response", see 43 U. Colo. L. Rev. 58 (1972); for comment, "The Colorado Governmental Immunity Act: A Prescription for Retrogression", see 49 Den. L. J. 567 (1973); for article, "Federal Practice and Procedure", which discusses a Tenth Circuit decision dealing with governmental immunity, see 62 Den. U. L. Rev. 227 (1985); for article, "Governmental Immunity: The Effect of Theories of Liability after Initial Notice", see 15 Colo. Law. 232 (1986); for article, "Amendments to the Colorado Governmental Immunity Act", see 15 Colo. Law. 1193 (1986); for article, "1986 Colorado Tort Reform Legislation", see 15 Colo. Law. 1363 (1986); for article, "New Role for Nonparties in Tort Actions -- The Empty Chair", see 15 Colo. Law. 1650 (1986); for article, "Colorado Municipal Liability after Annexing Potential Superfund Site", see 16 Colo. Law. 258 (1987); for comment, "Leake v. Cain: Abolition of the Public Duty Rule and the status of Governmental Immunity in Colorado", see 64 Den. U. L. Rev. 733 (1988); for comment, "Leake v. Cain: Abrogation of the Public Duty Doctrine in Colorado?", see 59 U. Colo. L. Rev. 383 (1988); for article, "Governmental Immunity Act Developments", see 17 Colo. Law. 1525 (1988); for article, "Section 1983 Litigation in State Courts: A Review", see 18 Colo. Law. 27 (1989); for article, "Asserting Colorado Revised Statutes 2019 Page 193 of 2372 Uncertified Printout Governmental Immunity by Attacking Subject Matter Jurisdiction", see 22 Colo. 2551 (1993); for article, "The Changing Concept of Governmental Immunity", see 23 Colo. Law. 603 (1994); for article, "Recent Developments in Governmental Immunity: Post-Trinity Broadcasting", see 25 Colo. Law. 43 (June 1996); for article, "Interpreting the Colorado Governmental Immunity Act", see 26 Colo. Law. 77 (Feb. 1997); for article, "Bailment Claims Under the Colorado Government Immunity Act and the Economic Loss Doctrine", see 44 Colo. Law. 37 (Sept. 2015); for article, "Overview of General Liability, Workers' Compensation, and Employment Law Issues in K-12 Educational Institutions", see 44 Colo. Law. 25 (Oct. 2015); for article, "Sovereign Immunity in Colorado: A Look at the CGIA", see 46 Colo. Law. 49 (Apr. 2017). 24-10-101. Short title. This article shall be known and may be cited as the "Colorado Governmental Immunity Act". Source: L. 71: p. 1204, § 1. C.R.S. 1963: § 130-11-1. 24-10-102. Declaration of policy. It is recognized by the general assembly that the doctrine of sovereign immunity, whereunder the state and its political subdivisions are often immune from suit for injury suffered by private persons, is, in some instances, an inequitable doctrine. The general assembly also recognizes that the supreme court has abrogated the doctrine of sovereign immunity effective July 1, 1972, and that thereafter the doctrine shall be recognized only to such extent as may be provided by statute. The general assembly also recognizes that the state and its political subdivisions provide essential public services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential public services and functions. The general assembly further recognizes that the taxpayers would ultimately bear the fiscal burdens of unlimited liability and that limitations on the liability of public entities and public employees are necessary in order to protect the taxpayers against excessive fiscal burdens. It is also recognized that public employees, whether elected or appointed, should be provided with protection from unlimited liability so that such public employees are not discouraged from providing the services or functions required by the citizens or from exercising the powers authorized or required by law. It is further recognized that the state, its political subdivisions, and the public employees of such public entities, by virtue of the services and functions provided, the powers exercised, and the consequences of unlimited liability to the governmental process, should be liable for their actions and those of their agents only to such an extent and subject to such conditions as are provided by this article. The general assembly also recognizes the desirability of including within one article all the circumstances under which the state, any of its political subdivisions, or the public employees of such public entities may be liable in actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant and that the distinction for liability purposes between governmental and proprietary functions should be abolished. Source: L. 71: p. 1204, § 1. C.R.S. 1963: § 130-11-2. L. 79: Entire section amended, p. 862, § 1, effective July 1. L. 86: Entire section amended, p. 873, § 1, effective July 1. 24-10-103. Definitions. As used in this article 10, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 194 of 2372 Uncertified Printout (1) "Controlled agricultural burn" means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or to reduce fuel buildup and decrease the likelihood of a future fire. (1.3) "Dangerous condition" means either a physical condition of a facility or the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist and which condition is proximately caused by the negligent act or omission of the public entity or public employee in constructing or maintaining such facility. For the purposes of this subsection (1.3), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period and was of such a nature that, in the exercise of reasonable care, such condition and its dangerous character should have been discovered. A dangerous condition shall not exist solely because the design of any facility is inadequate. The mere existence of wind, water, snow, ice, or temperature shall not, by itself, constitute a dangerous condition. (1.5) "Health care practitioner" means a physician, dentist, clinical psychologist, or any other person acting at the direction or under the supervision or control of any such persons. (2) "Injury" means death, injury to a person, damage to or loss of property, of whatsoever kind, which, if inflicted by a private person, would lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant. (2.5) "Maintenance" means the act or omission of a public entity or public employee in keeping a facility in the same general state of repair or efficiency as initially constructed or in preserving a facility from decline or failure. "Maintenance" does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility. (2.7) "Motor vehicle" means a motor vehicle as defined in section 42-1-102, C.R.S., and a light rail car or engine owned or leased by a public entity. (3) (a) "Operation" means the act or omission of a public entity or public employee in the exercise and performance of the powers, duties, and functions vested in them by law with respect to the purposes of any public hospital, jail, or public water, gas, sanitation, power, or swimming facility. "Operation" does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility. (b) The term "operation" shall not be construed to include: (I) A failure to exercise or perform any powers, duties, or functions not vested by law in a public entity or employee with respect to the purposes of any public facility set forth in paragraph (a) of this subsection (3); (II) A negligent or inadequate inspection or a failure to make an inspection of any property, except property owned or leased by the public entity, to determine whether such property constitutes a hazard to the health or safety of the public. (3.5) "Prescribed fire" means the application of fire in accordance with a written prescription for vegetative fuels and excludes a controlled agricultural burn. (4) (a) "Public employee" means an officer, employee, servant, or authorized volunteer of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to participate in any type of useful public service. For the purposes of this subsection (4), "authorized volunteer" means a person who performs an act for the benefit of a public entity at the request of and subject to the control of such public entity and includes a qualified volunteer as defined in section 24-33.5-802 (9). (b) "Public employee" includes any of the following: Colorado Revised Statutes 2019 Page 195 of 2372 Uncertified Printout (I) Any health care practitioner employed by a public entity, except for any health care practitioner who is employed on less than a full-time basis by a public entity and who additionally has an independent or other health care practice. Any such person employed on less than a full-time basis by a county or a district public health agency and who additionally has an independent or other health care practice shall maintain the status of a public employee only when such person engages in activities at or for the county or the district public health agency that are within the course and scope of such person's responsibilities as an employee of the county or the district public health agency. For purposes of this subparagraph (I), work performed as an employee of another public entity or of an entity of the United States government shall not be considered to be an independent or other health care practice. (II) Any health care practitioner employed part-time by and holding a clinical faculty appointment at a public entity as to any injury caused by a health care practitioner-in-training under such health care practitioner's supervision. Any such person shall maintain the status of a public employee when such person engages in supervisory and educational activities over a health care practitioner-in-training at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as an employee of a public entity. (III) Any health care practitioner-in-training who is duly enrolled and matriculated in an educational program of a public entity and who is working at either a public entity or a nonpublic entity. Any such person shall maintain the status of a public employee when such person engages in professional or educational activities at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as a student or employee of a public entity. (IV) Any health care practitioner who is a nurse licensed under article 255 of title 12 employed by a public entity. Any such person shall maintain the status of a public employee only when such person engages in activities at or for the public entity that are within the course and scope of such person's responsibilities as an employee of the public entity. (V) Any health care practitioner who volunteers services at or on behalf of a public entity, or who volunteers services as a participant in the community maternity services program; (VI) Any release hearing officer utilized by the department of corrections and the state board of parole pursuant to section 17-2-217 (1), C.R.S. A release hearing officer shall maintain the status of a public employee only when the release hearing officer engages in activities that are within the course and scope of his or her responsibilities as a release hearing officer. (VII) Any administrative hearing officer utilized by the department of corrections and the state board of parole pursuant to section 17-2-201 (3)(h)(I). An administrative hearing officer shall maintain the status of a public employee only when the administrative hearing officer engages in activities that are within the course and scope of his or her responsibilities as an administrative hearing officer. (5) "Public entity" means the state, the judicial department of the state, any county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof. (5.5) "Public sanitation facility" means structures and related apparatus used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature that is Colorado Revised Statutes 2019 Page 196 of 2372 Uncertified Printout operated and maintained by a public entity. "Public sanitation facility" does not include: A public water facility; a natural watercourse even if dammed, channelized, or containing storm water runoff, discharge from a storm sewer, or discharge from a sewage treatment plant outfall; a drainage, borrow, or irrigation ditch even if the ditch contains storm water runoff or discharge from storm sewers; a curb and gutter system; or other drainage, flood control, and storm water facilities. (5.7) "Public water facility" means structures and related apparatus used in the collection, treatment, or distribution of water for domestic and other legal uses that is operated and maintained by a public entity. "Public water facility" does not include: A public sanitation facility; a natural watercourse even if dammed, channelized, or used for transporting domestic water supplies; a drainage, borrow, or irrigation ditch even if dammed, channelized, or containing storm water runoff or discharge; or a curb and gutter system. (6) "Sidewalk" means that portion of a public roadway between the curb lines or the lateral lines of the traveled portion and the adjacent property lines which is constructed, designed, maintained, and intended for the use of pedestrians. (7) "State" means the government of the state; every executive department, board, commission, committee, bureau, and office; and every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. "State" does not include the judicial department, a county, municipality, city and county, school district, special district, or any other kind of district, instrumentality, political subdivision, or public corporation organized pursuant to law. Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-3. L. 82: (4) amended, p. 604, § 6, effective July 1. L. 86: (1), (2), and (4) amended, p. 874, § 2, effective July 1. L. 87: (4) amended and (1.5) added, p. 929, § 1, effective June 20. L. 88: (4)(b)(I) amended and (4)(b)(IV) and (4)(b)(V) added, p. 893, § 1, effective March 20. L. 92: (1) and (5) amended and (6) added, p. 1115, § 1, effective July 1. L. 93: (4) amended, p. 571, § 1, effective April 30. L. 2002: (4)(b)(VI) added, p. 490, § 1, effective May 24. L. 2003: (1) and (3)(a) amended and (2.5), (5.5), and (5.7) added, p. 1343, § 2, effective July 1. L. 2004: (4)(b)(V) amended, p. 1200, § 61, effective August 4. L. 2007: (2.7) added, p. 1025, § 1, effective July 1. L. 2008: (4)(b)(VII) added, p. 32, § 1, effective March 13; (4)(b)(I) amended, p. 2051, § 2, effective July 1; (4)(a) amended, p. 610, § 2, effective August 5. L. 2012: (1) amended and (1.3), (3.5), and (7) added, (HB 12-1361), ch. 242, p. 1144, § 1, effective June 4. L. 2013: (5) amended, (HB 13-1294), ch. 313, p. 1644, § 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 51, effective August 7. L. 2018: (4)(b)(VII) amended, (HB 18-1375), ch. 274, p. 1705, § 35, effective May 29. L. 2019: IP and (4)(b)(IV) amended, (HB 19-1172), ch. 136, p. 1687, § 125, effective October 1. Editor's note: Section 2 of chapter 313, Session Laws of Colorado 2013, provides that the act amending subsection (5) applies to claims asserted against the judicial department on or after January 1, 2012. Cross references: (1) For the exclusion of children ordered to participate in a work or community service program from the definition of "public employee", see § 19-2-308 (8). Colorado Revised Statutes 2019 Page 197 of 2372 Uncertified Printout (2) For the legislative declaration contained in the 2003 act amending subsections (1) and (3)(a) and enacting subsections (2.5), (5.5), and (5.7), see section 1 of chapter 182, Session Laws of Colorado 2003. 24-10-104. Waiver of sovereign immunity. Notwithstanding any provision of law to the contrary, the governing body of a public entity, by resolution, may waive the immunity granted in section 24-10-106 for the types of injuries described in the resolution. Any such waiver may be withdrawn by the governing body by resolution. A resolution adopted pursuant to this section shall apply only to injuries occurring subsequent to the adoption of such resolution. Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-4. L. 86: Entire section R&RE, p. 875, § 3, effective July 1. Cross references: For authorization to procure insurance against liability, see §§ 24-10115 and 24-14-102. 24-10-105. Prior waiver of immunity - effect - indirect claims not separate. (1) It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant. No public entity shall be liable for such actions except as provided in this article, and no public employee shall be liable for injuries arising out of an act or omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission was willful and wanton, except as provided in this article. Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article. (2) (a) A reference in this article to an injury, claim, or action that "lies in tort or could lie in tort" shall be construed in all cases to include, in addition to a direct claim or action, a claim or action asserted by way of assignment or subrogation to recover from a public entity or public employee the amount paid on a damages claim or the amount that may become payable on a damages claim because of the occurrence of an injury, as defined in section 24-10-103 (2). (b) In any case in which an assignee or subrogee asserts an injury governed by this article: (I) The injury shall not be deemed to be separate from the injury suffered by the assignor or subrogor; and (II) Pursuant to section 24-10-114 (1.5), the assignment or subrogation concerning the injury shall not be deemed to be a separate occurrence with regard to limitations on judgments. Source: L. 71: p. 1206, § 1. C.R.S. 1963: § 130-11-5. L. 85, 1st Ex. Sess.: Entire section amended, p. 9, § 4, effective September 27. L. 86: Entire section amended, p. 875, § 4, effective July 1. L. 2006: Entire section amended, p. 455, § 2, effective April 18. Cross references: For the legislative declaration contained in the 2006 act amending this section, see section 1 of chapter 132, Session Laws of Colorado 2006. Colorado Revised Statutes 2019 Page 198 of 2372 Uncertified Printout 24-10-106. Immunity and partial waiver. (1) A public entity shall be immune from liability in all claims for injury which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section. Sovereign immunity is waived by a public entity in an action for injuries resulting from: (a) The operation of a motor vehicle, owned or leased by such public entity, by a public employee while in the course of employment, except emergency vehicles operating within the provisions of section 42-4-108 (2) and (3), C.R.S.; (b) The operation of any public hospital, correctional facility, as defined in section 17-1102, C.R.S., or jail by such public entity; (c) A dangerous condition of any public building; (d) (I) A dangerous condition of a public highway, road, or street which physically interferes with the movement of traffic on the paved portion, if paved, or on the portion customarily used for travel by motor vehicles, if unpaved, of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any highway which is a part of the federal secondary highway system, or of any highway which is a part of the state highway system on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon. As used in this section, the phrase "physically interferes with the movement of traffic" shall not include traffic signs, signals, or markings, or the lack thereof. Nothing in this subparagraph (I) shall preclude a particular dangerous accumulation of snow, ice, sand, or gravel from being found to constitute a dangerous condition in the surface of a public roadway when the entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice through the proper public official responsible for the roadway and had a reasonable time to act. (II) A dangerous condition caused by the failure to realign a stop sign or yield sign which was turned, without authorization of the public entity, in a manner which reassigned the right-of-way upon intersecting public highways, roads, or streets, or the failure to repair a traffic control signal on which conflicting directions are displayed; (III) A dangerous condition caused by an accumulation of snow and ice which physically interferes with public access on walks leading to a public building open for public business when a public entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice of such condition and a reasonable time to act. (e) A dangerous condition of any public hospital, jail, public facility located in any park or recreation area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility. Nothing in this paragraph (e) or in paragraph (d) of this subsection (1) shall be construed to prevent a public entity from asserting sovereign immunity for an injury caused by the natural condition of any unimproved property, whether or not such property is located in a park or recreation area or on a highway, road, or street right-of-way. (f) The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical facility, power facility, or swimming facility by such public entity; (g) The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement pursuant to the provisions of part 10 of article 82 of this title; Colorado Revised Statutes 2019 Page 199 of 2372 Uncertified Printout (h) Failure to perform an education employment required background check as described in section 13-80-103.9, C.R.S.; (i) An action brought pursuant to section 13-21-128, C.R.S. (1.5) (a) The waiver of sovereign immunity created in paragraphs (b) and (e) of subsection (1) of this section does not apply to claimants who have been convicted of a crime and incarcerated in a correctional facility or jail pursuant to such conviction, and such correctional facility or jail shall be immune from liability as set forth in subsection (1) of this section. (b) The waiver of sovereign immunity created in paragraphs (b) and (e) of subsection (1) of this section does apply to claimants who are incarcerated but not yet convicted of the crime for which such claimants are being incarcerated if such claimants can show injury due to negligence. (c) The waiver of sovereign immunity created in paragraph (e) of subsection (1) of this section does not apply to any backcountry landing facility located in whole or in part within any park or recreation area maintained by a public entity. For purposes of this paragraph (c), "backcountry landing facility" means any area of land or water that is unpaved, unlighted, and in a primitive condition and is used or intended for the landing and takeoff of aircraft, and includes any land or water appurtenant to such area. (2) Nothing in this section or in section 24-10-104 shall be construed to constitute a waiver of sovereign immunity where the injury arises from the act, or failure to act, of a public employee where the act is the type of act for which the public employee would be or heretofore has been personally immune from liability. (3) In addition to the immunity provided in subsection (1) of this section, a public entity shall also have the same immunity as a public employee for any act or failure to act for which a public employee would be or heretofore has been personally immune from liability. (4) No rule of law imposing absolute or strict liability shall be applied in any action against a public entity or a public employee for an injury resulting from a dangerous condition of, or the operation and maintenance of, a public water facility or public sanitation facility. No liability shall be imposed in any such action unless negligence is proven. Source: L. 71: p. 1206, § 1. C.R.S. 1963: § 130-11-6. L. 79: (1)(b) amended, p. 702, § 76, effective June 21. L. 86: IP(1), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (3) added, p. 875, § 5, effective July 1. L. 87: (4) added, p. 931, § 1, effective May 13. L. 92: (1)(d) amended, p. 1116, § 2, effective July 1. L. 94: (1.5) added, p. 2087, § 1, effective July 1; (1)(a) amended, p. 2556, § 53, effective January 1, 1995. L. 2002: (1.5)(c) added, p. 63, § 1, effective March 22. L. 2004: (1)(g) added, p. 1056, § 1, effective May 21. L. 2008: (1)(h) added, p. 2226, § 4, effective June 5. L. 2015: (1)(i) added, (HB 15-1290), ch. 212, p. 776, § 3, effective May 20, 2016. 24-10-106.1. Immunity and partial waiver - claims against the state - injuries from prescribed fire - on or after January 1, 2012. (1) Notwithstanding any other provision of this article, the state shall be immune from liability in all claims for injury that lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section or section 24-10-106. In addition to any other claims for which the state waives immunity under this article, sovereign immunity is Colorado Revised Statutes 2019 Page 200 of 2372 Uncertified Printout waived by the state in an action for injuries resulting from a prescribed fire started or maintained by the state or any of its employees on or after January 1, 2012. (2) Nothing in this section shall be construed to constitute a waiver of sovereign immunity if the injury arises from any act, or failure to act, of a state employee if the act is the type of act for which the state employee would be or heretofore has been personally immune from liability. (3) In addition to the immunity provided under subsection (1) of this section, the state shall also have the same immunity as a state employee for any act or failure to act for which a state employee would be or heretofore has been personally immune from liability. (4) No rule of law imposing absolute or strict liability shall be applied in any action against the state for an injury resulting from a prescribed fire started or maintained by the state or any of its employees. No liability shall be imposed in any such action unless negligence is proven. Source: L. 2012: Entire section added, (HB 12-1361), ch. 242, p. 1145, § 2, effective June 4. 24-10-106.3. Immunity and partial waiver - claims for serious bodily injury or death on public school property or at school-sponsored events resulting from incidents of school violence - short title - definitions. (1) This section shall be known and may be cited as the "Claire Davis School Safety Act". (2) Definitions. For purposes of this section, unless the context otherwise requires: (a) "Charter school" means a charter school or an institute charter school established pursuant to article 30.5 of title 22, C.R.S. (b) "Crime of violence" means that the person committed, conspired to commit, or attempted to commit one of the following crimes: (I) Murder; (II) First degree assault; or (III) A felony sexual assault, as defined in section 18-3-402, C.R.S. (c) "Incident of school violence" means an occurrence at a public school or public school-sponsored activity in which a person: (I) Engaged in a crime of violence; and (II) The actions described in subparagraph (I) of this paragraph (c) by that person caused serious bodily injury or death to any other person. (d) "Public school" has the same meaning as provided in section 22-1-101, C.R.S., and includes a charter school or institute charter school. (e) "School district" means a school district organized pursuant to article 30 of title 22, C.R.S., and the charter school institute established pursuant to section 22-30.5-503, C.R.S. (f) "Serious bodily injury" means bodily injury that, either at the time of the actual injury or a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body. (3) Recognition of duty of care. All school districts and charter schools and their employees in this state have a duty to exercise reasonable care to protect all students, faculty, and staff from harm from acts committed by another person when the harm is reasonably Colorado Revised Statutes 2019 Page 201 of 2372 Uncertified Printout foreseeable, while such students, faculty, and staff are within the school facilities or are participating in school-sponsored activities. (4) Limited waiver of sovereign immunity. Notwithstanding any other provision of this article, a public school district or charter school is immune from liability in all claims for injury that lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as otherwise provided in this section or in this article. In addition to any other claims for which the "Colorado Governmental Immunity Act" waives sovereign immunity in this article, sovereign immunity is waived under the "Colorado Governmental Immunity Act" with respect to school districts and charter schools for a claim of a breach of the duty of care established in subsection (3) of this section by the school district, a charter school, or an employee of the school district or charter school arising from an incident of school violence on or after June 3, 2015, and, with respect to such claims, the provisions of article 12 of title 22, C.R.S., do not apply to school districts and charter schools. An employee of a public school, school district, or a charter school is not subject to suit under this section in his or her individual capacity unless the employee's actions or omissions are willful and wanton. (5) A public school, school district, or charter school shall not be found negligent under this section solely as a result of not expelling or suspending any student. (6) Nothing in this section shall be construed to constitute a waiver of sovereign immunity by a school district or charter school if the injury arises from any act, or failure to act, of an employee of the school district or charter school if the act is the type of act for which the school district or charter school employee would be or heretofore has been personally immune from liability. (7) In addition to the immunity provided under this section, the school district and charter school shall also have the same immunity as a school district or charter school employee for any act or failure to act for which a school district or charter school employee would be or heretofore has been personally immune from liability. (8) No rule of law imposing absolute or strict liability shall be applied in any action filed against a school district or charter school pursuant to this section for serious bodily injury or death caused by a breach of the duty of care, established pursuant to subsection (3) of this section. No liability shall be imposed in any such action unless negligence is proven. (9) (a) Except as provided in paragraph (b) of this subsection (9), the maximum amount of damages that may be recovered under this article in any single occurrence from a school district or charter school for a claim brought under this section is governed by the limits set forth in section 24-10-114 (1). (b) Repealed. (10) In order to promote vigorous discovery of events leading to an incident of school violence in any action brought under this section, an offer of judgment by a defendant under section 13-17-202, C.R.S., prior to the completion of discovery, is not deemed rejected if not accepted until fourteen days after the completion of discovery, and the plaintiff is not liable for costs due to not accepting such an offer of judgment until fourteen days after the completion of discovery. If a defendant refuses to answer a complaint, or a default judgment is entered against a defendant for failure to answer a complaint, or a defendant confesses liability in an action brought under this section, the court shall allow full discovery upon request of the plaintiff. Colorado Revised Statutes 2019 Page 202 of 2372 Uncertified Printout Source: L. 2015: Entire section added, (SB 15-213), ch. 266, p. 1036, § 2, effective June 3. Editor's note: Subsection (9)(b)(II) provided for the repeal of subsection (9)(b), effective July 1, 2018. (See L. 2015, p. 1036.) Cross references: For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015. 24-10-106.5. Duty of care. (1) In order to encourage the provision of services to protect the public health and safety and to allow public entities to allocate their limited fiscal resources, a public entity or public employee shall not be deemed to have assumed a duty of care where none otherwise existed by the performance of a service or an act of assistance for the benefit of any person. The adoption of a policy or a regulation to protect any person's health or safety shall not give rise to a duty of care on the part of a public entity or public employee where none otherwise existed. In addition, the enforcement of or failure to enforce any such policy or regulation or the mere fact that an inspection was conducted in the course of enforcing such policy or regulation shall not give rise to a duty of care where none otherwise existed; however, in a situation in which sovereign immunity has been waived in accordance with the provisions of this article, nothing shall be deemed to foreclose the assumption of a duty of care by a public entity or public employee when the public entity or public employee requires any person to perform any act as the result of such an inspection or as the result of the application of such policy or regulation. Nothing in this section shall be construed to relieve a public entity of a duty of care expressly imposed under other statutory provision. (2) Except as otherwise provided in section 24-10-106.3, which recognizes a duty of reasonable care upon public school districts, charter schools, and their employees, nothing in this article shall be deemed to create any duty of care. Source: L. 86: Entire section added, p. 876, § 6, effective July 1. L. 2015: (2) amended, (SB 15-213), ch. 266, p. 1039, § 3, effective June 3. Cross references: For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015. 24-10-107. Determination of liability. Except as otherwise provided in this article, where sovereign immunity is not a bar under section 24-10-106, liability of the public entity shall be determined in the same manner as if the public entity were a private person. Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-7. L. 86: Entire section amended, p. 877, § 7, effective July 1. 24-10-108. Sovereign immunity a bar. Except as provided in sections 24-10-104 to 2410-106 and 24-10-106.3, sovereign immunity shall be a bar to any action against a public entity for injury which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant. If a public entity raises the issue of sovereign Colorado Revised Statutes 2019 Page 203 of 2372 Uncertified Printout immunity prior to or after the commencement of discovery, the court shall suspend discovery, except any discovery necessary to decide the issue of sovereign immunity and shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal. Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-8. L. 86: Entire section amended, p. 877, § 8, effective July 1. L. 92: Entire section amended, p. 1117, § 3, effective July 1. L. 2015: Entire section amended, (SB 15-213), ch. 266, p. 1039, § 4, effective June 3. Cross references: For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015. 24-10-109. Notice required - contents - to whom given - limitations. (1) Any person claiming to have suffered an injury by a public entity or by an employee thereof while in the course of such employment, whether or not by a willful and wanton act or omission, shall file a written notice as provided in this section within one hundred eighty-two days after the date of the discovery of the injury, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury. Compliance with the provisions of this section shall be a jurisdictional prerequisite to any action brought under the provisions of this article, and failure of compliance shall forever bar any such action. (2) The notice shall contain the following: (a) The name and address of the claimant and the name and address of his attorney, if any; (b) A concise statement of the factual basis of the claim, including the date, time, place, and circumstances of the act, omission, or event complained of; (c) The name and address of any public employee involved, if known; (d) A concise statement of the nature and the extent of the injury claimed to have been suffered; (e) A statement of the amount of monetary damages that is being requested. (3) (a) If the claim is against the state or an employee thereof, the notice shall be filed with the attorney general. If the claim is against any other public entity or an employee thereof, the notice shall be filed with the governing body of the public entity or the attorney representing the public entity. Such notice shall be effective upon mailing by registered or certified mail, return receipt requested, or upon personal service. (b) A notice required under this section that is properly filed with a public entity's agent listed in the inventory of local governmental entities pursuant to section 24-32-116, is deemed to satisfy the requirements of this section. (4) When the claim is one for death by wrongful act or omission, the notice may be presented by the personal representative, surviving spouse, or next of kin of the deceased. (5) Any action brought pursuant to this article shall be commenced within the time period provided for that type of action in articles 80 and 81 of title 13, C.R.S., relating to limitation of actions, or it shall be forever barred; except that, if compliance with the provisions of subsection (6) of this section would otherwise result in the barring of an action, such time period shall be extended by the time period required for compliance with the provisions of subsection (6) of this section. Colorado Revised Statutes 2019 Page 204 of 2372 Uncertified Printout (6) No action brought pursuant to this article shall be commenced until after the claimant who has filed timely notice pursuant to subsection (1) of this section has received notice from the public entity that the public entity has denied the claim or until after ninety days has passed following the filing of the notice of claim required by this section, whichever occurs first. Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-9. L. 79: (1) amended, p. 862, § 2, effective July 1. L. 86: (1), (2)(b), (3), and (5) amended and (6) added, p. 877, § 9, effective July 1. L. 92: (1) amended, p. 1117, § 4, effective July 1. L. 2009: (3) amended, (HB 09-1248), ch. 252, p. 1136, § 21, effective May 14. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 881, § 145, effective July 1; (3) amended, (HB 12-1244), ch. 172, p. 616, § 1, effective August 8. 24-10-110. Defense of public employees - payment of judgments or settlements against public employees. (1) A public entity shall be liable for: (a) The costs of the defense of any of its public employees, whether such defense is assumed by the public entity or handled by the legal staff of the public entity or by other counsel, in the discretion of the public entity, where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his duties and within the scope of his employment, except where such act or omission is willful and wanton; (b) (I) The payment of all judgments and settlements of claims against any of its public employees where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his duties and within the scope of his employment, except where such act or omission is willful and wanton or where sovereign immunity bars the action against the public entity, if the employee does not compromise or settle the claim without the consent of the public entity; and (II) The payment of all judgments and settlements of claims against any of its public employees where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his or her duties and within the scope of employment, except where such act or omission is willful and wanton, even though sovereign immunity would otherwise bar the action, when the public employee is operating an emergency vehicle within the provisions of section 42-4-108 (2) and (3), C.R.S., if the employee does not compromise or settle the claim without the consent of the public entity. (1.5) Where a claim against a public employee arises out of injuries sustained from an act or omission of such employee which occurred or is alleged in the complaint to have occurred during the performance of his duties and within the scope of his employment, the public entity shall be liable for the reasonable costs of the defense and reasonable attorney fees of its public employee unless: (a) It is determined by a court that the injuries did not arise out of an act or omission of such employee occurring during the performance of his duties and within the scope of his employment or that the act or omission of such employee was willful and wanton. If it is so determined, the public entity may request and the court shall order such employee to reimburse the public entity for reasonable costs and reasonable attorney fees incurred in the defense of such employee; or (b) The public employee compromises or settles the claim without the consent of the public entity. Colorado Revised Statutes 2019 Page 205 of 2372 Uncertified Printout (2) The provisions of subsection (1) of this section shall not apply where a public entity is not made a party defendant in an action and such public entity is not notified of the existence of such action in writing by the plaintiff or such employee within fifteen days after commencement of the action. In addition, the provisions of subsection (1) of this section shall not apply where such employee willfully and knowingly fails to notify the public entity of the incident or occurrence which led to the claim within a reasonable time after such incident or occurrence, if such incident or occurrence could reasonably have been expected to lead to a claim. (3) Repealed. (4) Where the public entity is made a codefendant with its public employee, it shall notify such employee in writing within fifteen days after the commencement of such action whether it will assume the defense of such employee. Where the public entity is not made a codefendant, it shall notify such employee whether it will assume such defense within fifteen days after receiving written notice from the public employee of the existence of such action. (5) (a) In any action in which allegations are made that an act or omission of a public employee was willful and wanton, the specific factual basis of such allegations shall be stated in the complaint. (b) Failure to plead the factual basis of an allegation that an act or omission of a public employee was willful and wanton shall result in dismissal of the claim for failure to state a claim upon which relief can be granted. (c) In any action against a public employee in which exemplary damages are sought based on allegations that an act or omission of a public employee was willful and wanton, if the plaintiff does not substantially prevail on his claim that such act or omission was willful and wanton, the court shall award attorney fees against the plaintiff or the plaintiff's attorney or both and in favor of the public employee. (6) The provisions of subsection (5) of this section are in addition to and not in lieu of the provisions of article 17 of title 13, C.R.S. Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-10. L. 79: (2) amended, p. 863, § 3, effective July 1. L. 81: (1), (3)(b)(I), and (3)(c) amended and (5) added, p. 1150, § 1, effective July 1. L. 82: (1)(b) amended, p. 366, § 1, effective January 1. L. 85, 1st Ex. Sess.: (4) amended, (1.5) added, and (3)(b) repealed, pp. 9, 11, §§ 5, 9, effective September 17. L. 86: (1)(b), IP(1.5), (1.5)(a), and (5) amended, (6) added, and (3)(a) and (3)(c) repealed, pp. 878, 882, §§ 10, 17, effective April 17. L. 92: (5) amended, p. 1117, § 5, effective July 1. L. 94: (1)(b)(II) amended, p. 2556, § 54, effective January 1, 1995. 24-10-111. Judgment against public entity or public employee - effect. (1) Any judgment against a public entity shall constitute a complete bar to any action for injury by the claimant, by reason of the same subject matter, against any public employee whose act or omission gave rise to the claim. (2) Any judgment against any public employee whose act or omission gave rise to the claim shall constitute a complete bar to any action for injury by the claimant, by reason of the same subject matter, against a public entity. (3) Nothing contained in the provisions of this section shall be construed as preventing the joinder of any public entity or employee of such public entity in the same action. Colorado Revised Statutes 2019 Page 206 of 2372 Uncertified Printout Source: L. 71: p. 1209, § 1. C.R.S. 1963: § 130-11-11. 24-10-112. Compromise of claims - settlement of actions. (1) (a) (I) A claim against the state may be compromised or settled for and on behalf of the state by the attorney general, with the concurrence of the head of the affected department, agency, board, commission, institution, hospital, college, university, or other instrumentality thereof, except as provided in part 15 of article 30 of this title. (II) Repealed. (b) Repealed. (2) Claims against public entities, other than the state, may be compromised or settled by the governing body of the public entity or in such manner as the governing body may designate. Source: L. 71: p. 1209, § 1. C.R.S. 1963: § 130-11-12. L. 85, 1st Ex. Sess.: (1) amended, p. 10, § 6, effective September 27. L. 86: (1)(a)(II) and (1)(b) repealed, p. 894, § 10, effective April 17. 24-10-113. Payment of judgments. (1) A public entity or designated insurer shall pay any compromise, settlement, or final judgment in the manner provided in this section, and an action pursuant to the Colorado rules of civil procedure shall be an appropriate remedy to compel a public entity to perform an act required under this section. (2) The state and the governing body of any other public entity shall pay, to the extent funds are available in the fiscal year in which it becomes final, any judgment out of any funds to the credit of the public entity that are available from any or all of the following: (a) A self-insurance reserve fund; (b) Funds that are unappropriated for any other purpose unless the use of such funds is restricted by law or contract to other purposes; (c) Funds that are appropriated for the current fiscal year for the payment of such judgments and not previously encumbered. (3) If a public entity is unable to pay a judgment during the fiscal year in which it becomes final because of lack of available funds, the public entity shall levy a tax, in a separate item to cover such judgment, sufficient to discharge such judgment in the next fiscal year or in the succeeding fiscal year if the budget of the public entity has been finally adopted for the fiscal year in which the judgment becomes final before such judgment becomes final; but in no event shall such annual levy for one or more judgments exceed a total of ten mills, exclusive of existing mill levies. The public entity shall continue to levy such tax, not to exceed a total annual levy of ten mills, exclusive of existing mill levies, but in no event less than ten mills if such judgment will not be discharged by a lesser levy, until such judgment is discharged. In the event that more than one judgment is unsatisfied and a ten-mill levy is insufficient to satisfy the judgments in one year, the proceeds of the ten-mill levy shall be prorated annually among the judgment creditors in the proportion that each outstanding judgment bears to the total judgments outstanding. Source: L. 71: p. 1209, § 1. C.R.S. 1963: § 130-11-13. Colorado Revised Statutes 2019 Page 207 of 2372 Uncertified Printout Cross references: For the appropriate remedy to compel public entity to perform an act, see C.R.C.P. 106. 24-10-113.5. Attorney general to notify general assembly. (1) If a final money judgment is obtained against the state, payment of which requires an appropriation, and the appropriate appellate remedies have been exhausted or the time limit for such remedies has expired, the attorney general, within twenty days after such occurrence, shall certify to the speaker of the house of representatives and the president of the senate, or the director of the office of legislative legal services if the general assembly is not in session, the title of the action, the civil action number, and the amount of money due and owing for the payment in full satisfaction of the final judgment. (2) If a claim against the state is settled and such settlement requires an appropriation by the general assembly, the attorney general, within twenty days after such settlement, shall make the certification required by subsection (1) of this section, which certification shall state the names of the parties and the amount of money necessary for the settlement. Source: L. 79: Entire section added, p. 866, § 1, effective May 25. L. 88: (1) amended, p. 312, § 20, effective May 23. 24-10-114. Limitations on judgments - recommendation to general assembly authorization of additional payment - lower north fork wildfire claims. (1) (a) The maximum amount that may be recovered under this article in any single occurrence, whether from one or more public entities and public employees, shall be: (I) For any injury to one person in any single occurrence, the sum of three hundred fifty thousand dollars; (II) For an injury to two or more persons in any single occurrence, the sum of nine hundred ninety thousand dollars; except that, in such instance, no person may recover in excess of three hundred fifty thousand dollars. (b) The amounts specified in subsection (1)(a) of this section shall be adjusted by an amount reflecting the percentage change over a four-year period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. On or before January 1, 2018, and by January 1 every fourth year thereafter, the secretary of state shall calculate the adjusted dollar amount for the immediately preceding four-year period as of the date of the calculation. The adjusted amount shall be rounded upward to the nearest onethousand-dollar increment. The secretary of state shall certify the amount of the adjustment for the particular four-year period and shall publish the amount of the adjustment on the secretary of state's website. (1.5) For purposes of subsection (1) of this section, an assignment or subrogation to recover damages paid or payable for an injury shall not be deemed to be a separate occurrence. (2) The governing body of a public entity, by resolution, may increase any maximum amount set out in subsection (1) of this section that may be recovered from the public entity for the type of injury described in the resolution. The amount of the recovery that may be had shall not exceed the amount set out in such resolution for the type of injury described therein. Any such increase may be reduced, increased, or repealed by the governing body by resolution. A Colorado Revised Statutes 2019 Page 208 of 2372 Uncertified Printout resolution adopted pursuant to this subsection (2) shall apply only to injuries occurring subsequent to the adoption of such resolution. (3) Nothing in this section shall be construed to permit the recovery of damages for types of actions authorized under part 2 of article 21 of title 13, C.R.S., in an amount in excess of the amounts specified in said article. (4) (a) A public entity shall not be liable either directly or by indemnification for punitive or exemplary damages or for damages for outrageous conduct, except as otherwise determined by a public entity pursuant to section 24-10-118 (5). (b) A railroad operating in interstate commerce that sells to a public entity, or allows the public entity to use, such railroad's property or tracks for the provision of public passenger rail service shall not be liable either directly or by indemnification for punitive or exemplary damages or for damages for outrageous conduct to any person for any accident or injury arising out of the operation and maintenance of the public passenger rail service by a public entity. (5) Notwithstanding the maximum amounts that may be recovered from a public entity set forth in subsection (1) of this section, an amount may be recovered from the state under this article in excess of the maximum amounts only if paragraph (a) or (b) of this subsection (5) applies: (a) The general assembly acting by bill authorizes payment of all or a portion of any judgment against the state that exceeds the maximum amount. Any claimant may present either proof of judgment or an order of a district court granting a claimant's request for entry of judgment in the amount of an award of damages recommended by a special master or a comparable order to the general assembly and request payment of that portion of the judgment or order that exceeds the maximum amount. Any such judgment or order approved for payment by the general assembly shall be paid from the general fund. (b) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (b), the state claims board created in section 24-30-1508 (1), referred to in this paragraph (b) as the board, acting in accordance with its authority under section 24-30-1515, compromises or settles a claim on behalf of the state for the maximum liability limits under this article and determines, in its sole discretion, to recommend to the general assembly that an additional payment be made and the general assembly, by bill, authorizes all or any portion of the additional payment. In determining whether to make such recommendation, the board shall consider interests of fairness, the public interest, and the interests of the state. A recommendation made under this paragraph (b) shall not include payment for noneconomic loss or injury and shall be reduced to the extent the claimant's loss is or will be covered by another source, including, without limitation, any insurance proceeds that have been paid or will be paid, and no insurer has a right of subrogation, assignment, or any other right against the claimant or the state for any additional payment or any portion of such payment that is approved by the general assembly. Any additional payment or any portion of such payment approved by the general assembly shall be paid from the general fund. For purposes of this paragraph (b), an "additional payment" means the payment to a claimant in excess of the maximum liability limits pursuant to this paragraph (b) that may be authorized by the general assembly upon a recommendation from the board. (II) In connection with a recommendation made by the board under subparagraph (I) of this paragraph (b) to make an additional payment to one or more claimants resulting from a claim of an injury arising out of the lower north fork wildfire in March 2012 that is received by the general assembly while the general assembly is adjourned sine die, upon certification from Colorado Revised Statutes 2019 Page 209 of 2372 Uncertified Printout the department of law that the requirements of this paragraph (b) have been satisfied and on or after July 1, 2013, the office of the state controller may pay one or more additional payments to such claimants from moneys previously appropriated by bill until such specifically appropriated moneys are exhausted or replenished. (III) In connection with any claim arising out of an injury occurring on or after May 25, 2013, that is not described in subparagraph (II) of this paragraph (b), where the board has made a recommendation to the general assembly for an additional payment under this paragraph (b) while the general assembly is adjourned sine die, the payment is authorized where all of the members of the joint budget committee have voted to authorize the additional payment; except that payment in accordance with the recommendation shall not be made until the general assembly has ratified by bill the authorization to make the payment. Source: L. 71: p. 1210, § 1. C.R.S. 1963: § 130-11-14. L. 79: (1)(a) and (1)(b) amended, p. 863, § 4, effective July 1. L. 81: (2) amended, p. 1152, § 1, effective April 30. L. 86: IP(1) and (4) amended, p. 879, §§ 11, 12, effective July 1. L. 92: (1) amended and (5) added, p. 1118, § 6, effective January 1, 1993. L. 2006: (1.5) added, p. 455, § 3, effective April 18. L. 2007: (4) amended, p. 1025, § 2, effective July 1. L. 2012: (5) amended, (HB 12-1361), ch. 242, p. 1146, § 3, effective June 4. L. 2013: (5)(b) amended, (SB 13-288), ch. 291, p. 1560, § 1, effective May 25; (1) amended, (SB 13-023), ch. 134, p. 443, § 1, effective July 1. L. 2014: (5)(a) amended, (SB 14-223), ch. 399, p. 2007, § 1, effective June 6. L. 2015: (1) amended, (SB 15-264), ch. 259, p. 959, § 64, effective August 5. L. 2018: (1)(b) amended, (HB 18-1375), ch. 274, p. 1705, § 36, effective May 29. Cross references: (1) For the legislative declaration contained in the 2006 act enacting subsection (1.5), see section 1 of chapter 132, Session Laws of Colorado 2006. (2) For information concerning payments to claimants in connection with the Lower North Fork Wildfire, see section 2 of chapter 399, Session Laws of Colorado 2014. 24-10-114.5. Limitation on attorney fees in class action litigation. If the plaintiffs prevail in any class action litigation brought against any public entity, the amount of attorney fees which the plaintiffs' attorney is entitled to receive out of any award to the plaintiffs shall be determined by the court; except that such amount shall not exceed two hundred fifty thousand dollars. Such limitation shall apply where the public entity pays the attorney fees directly to the plaintiffs' attorneys or where the public entity is required to pay the attorney fees indirectly through any program it administers by reducing the benefits or amounts due to the individual plaintiffs. Source: L. 92: Entire section added, p. 272, § 2, effective April 28. Cross references: For provisions relating to limitations on attorney fees in class action litigation against public entities, see § 13-17-203. 24-10-115. Authority for public entities other than the state to obtain insurance. (1) A public entity, other than the state, either by itself or in conjunction with any one or more public entities may: Colorado Revised Statutes 2019 Page 210 of 2372 Uncertified Printout (a) Insure against all or any part of its liability for an injury for which it might be liable under this article; (b) Insure any public employee acting within the scope of his employment against all or any part of such liability for an injury for which he might be liable under this article; (c) Insure against the expense of defending a claim for injury against the public entity or its employees, whether or not liability exists on such claim; (d) Insure against all or part of its liability or the liability of a railroad for claims arising from the passenger rail operations of a public entity on property or tracks owned by, or purchased from, a railroad. (2) The insurance authorized by subsection (1) of this section may be provided by: (a) Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes; (b) An insurance company authorized to do business in this state which meets all of the requirements of the division of insurance for that purpose; (c) A combination of the methods of obtaining insurance authorized in paragraphs (a) and (b) of this subsection (2); (d) Any risk management pool of public passenger rail services authorized to be created pursuant to the federal "Product Liability Risk Retention Act of 1981", 15 U.S.C. sec. 3901 et seq., as amended. (3) A public entity, other than the state and other than a school district, may establish and maintain an insurance reserve fund for self-insurance purposes and may include in the annual tax levy of the public entity such amounts as are determined by its governing body to be necessary for the uses and purposes of the insurance reserve fund, subject to the limitations imposed by section 29-1-301, C.R.S., or such public entity may appropriate from any unexpended balance in the general fund such amounts as the governing body shall deem necessary for the purposes and uses of the insurance reserve fund, or both. A school district shall establish and maintain an insurance reserve fund in accordance with the provisions of section 2245-103 (1)(e), C.R.S., for liability and property damage self-insurance purposes, including workers' compensation pursuant to section 8-44-204 (2), C.R.S., using moneys allocated thereto pursuant to the provisions of section 22-54-105 (2), C.R.S. The fund established pursuant to this subsection (3) shall be kept separate and apart from all other funds and shall be used only for the payment of administrative and legal expenses necessary for the operation of the fund and for the payment of claims against the public entity which have been settled or compromised or judgments rendered against the public entity for injury under the provisions of this article and for attorney fees and for the costs of defense of claims and to secure and pay for premiums on insurance as provided in this article. (4) Policies written pursuant to this section and section 24-10-116 shall insure all of the risks and liabilities arising under this article, including costs of defense, unless the public entity requests in writing and obtains lesser coverage, in which event the policy issued shall conspicuously itemize the risks and liabilities not covered. (5) A self-insurance fund established by a public entity which is subject to section 29-1108, C.R.S., shall not be construed to be unexpended funds for budgetary purposes and shall be accumulated and held over for use in subsequent years. (6) Repealed. Colorado Revised Statutes 2019 Page 211 of 2372 Uncertified Printout (7) Policies written, self-insurance funds established, or risk management pools entered into by a public entity for the purpose of insuring a public entity as described in paragraph (d) of subsection (1) of this section shall maintain such levels of insurance as are sufficient to insure against the maximum liability permitted against a railroad or its indemnitor pursuant to 49 U.S.C. sec. 28103. Source: L. 71: p. 1210, § 1. C.R.S. 1963: § 130-11-15. L. 77: (5) added, p. 1160, § 1, effective February 16. L. 79: (1)(a) and (1)(b) amended, p. 863, § 5, effective July 1. L. 80: (3) amended, p. 581, § 1, effective April 30. L. 86: (3), (4), and (5) R&RE and (3) amended, pp. 511, 880, 1028, §§ 2, 13, 10, effective July 1. L. 88: (3) R&RE, p. 821, § 30, effective May 24. L. 89: (6) added, p. 1004, § 5, effective October 1. L. 90: (3) amended, p. 567, § 45, effective July 1; (5) amended, p. 1435, § 2, effective January 1, 1991. L. 94: (3) amended, p. 822, § 49, effective April 27. L. 97: (6) repealed, p. 1015, § 24, effective August 6. L. 2007: (1)(d), (2)(d), and (7) added, p. 1026, §§ 3, 4, 5, effective July 1. Editor's note: Subsection (6) was enacted in House Bill No. 1143, enacted by the General Assembly at its first regular session in 1989, as a conforming amendment necessitated by the authorization for the operation of the university of Colorado university hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public Employees v. Board of Regents, 804 P.2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the General Assembly at its first regular session in 1991, authorized the operation of university hospital by a newly created university of Colorado hospital authority. For further explanation of the circumstances surrounding the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of chapter 99, Session Laws of Colorado 1991. Cross references: For authorization for state and counties to procure insurance against liability, see § 24-14-102. 24-10-115.5. Authority for public entities to pool insurance coverage. (1) Public entities may cooperate with one another to form a self-insurance pool to provide all or part of the insurance coverage authorized by this article or by section 29-5-111, C.R.S., for the cooperating public entities. Any such self-insurance pool may provide such coverage by the methods authorized in sections 24-10-115 (2) and 24-10-116 (2), by any different methods if approved by the commissioner of insurance, or by any combination thereof. Any such insurance pool shall be formed pursuant to the provisions of part 2 of article 1 of title 29, C.R.S. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of such self-insurance pool. (2) Any self-insurance pool authorized by subsection (1) of this section shall not be construed to be an insurance company nor otherwise subject to the laws of this state regulating insurance or insurance companies; except that the pool shall comply with the applicable provisions of sections 10-1-203 and 10-1-204 (1) to (5). (3) Prior to the formation of a self-insurance pool, there shall be submitted to the commissioner of insurance a complete written proposal of the pool's operation, including, but not limited to, the administration, claims adjusting, membership, and capitalization of the pool. The commissioner shall review the proposal within thirty days after receipt to assure that proper Colorado Revised Statutes 2019 Page 212 of 2372 Uncertified Printout insurance techniques and procedures are included in the proposal. After such review, the commissioner shall have the right to approve or disapprove the proposal. If the commissioner approves the proposal, he shall issue a certificate of authority. The costs of such review shall be paid by the public entities desiring to form such a pool. Any such payment received by the commissioner is hereby appropriated to the division of insurance in addition to any other funds appropriated for its normal operation. (4) Each self-insurance pool for public entities created in this state shall file, with the commissioner of insurance on or before March 30 of each year, a written report in a form prescribed by the commissioner, signed and verified by its chief executive officer as to its condition. Such report shall include a detailed statement of assets and liabilities, the amount and character of the business transacted, and the moneys reserved and expended during the year. (5) The commissioner of insurance, or any person authorized by him, shall conduct an insurance examination at least once a year to determine that proper underwriting techniques and sound funding, loss reserves, and claims procedures are being followed. This examination shall be paid for by the self-insurance pool out of its funds at the same rate as provided for foreign insurance companies under section 10-1-204 (9), C.R.S. (6) (a) The certificate of authority issued to a public entity under this section may be revoked or suspended by the commissioner of insurance for any of the following reasons: (I) Insolvency or impairment; (II) Refusal or failure to submit an annual report as required by subsection (4) of this section; (III) Failure to comply with the provisions of its own ordinances, resolutions, contracts, or other conditions relating to the self-insurance pool; (IV) Failure to submit to examination or any legal obligation relative thereto; (V) Refusal to pay the cost of examination as required by subsection (5) of this section; (VI) Use of methods which, although not otherwise specifically proscribed by law, nevertheless render the operation of the self-insurance pool hazardous, or its condition unsound, to the public; (VII) Failure to otherwise comply with the law of this state, if such failure renders the operation of the self-insurance pool hazardous to the public. (b) If the commissioner of insurance finds upon examination, hearing, or other evidence that any participating public entity has committed any of the acts specified in paragraph (a) of this subsection (6) or any act otherwise prohibited in this section, the commissioner may suspend or revoke such certificate of authority if he deems it in the best interest of the public. Notice of any revocation shall be published in one or more daily newspapers in Denver which have a general state circulation. Before suspending or revoking any certificate of authority of a public entity, the commissioner shall grant the public entity fifteen days in which to show cause why such action should not be taken. (7) Any public entity pool formed under this article and under article 13 of title 29, C.R.S., and the members thereof, may combine and commingle all funds appropriated by the members and received by the pool for liability or property insurance or self-insurance or for other purposes of the pool. (8) (a) Any self-insurance pool organized pursuant to this section may invest in securities meeting the investment requirements established in part 6 of article 75 of this title and Colorado Revised Statutes 2019 Page 213 of 2372 Uncertified Printout may also invest in membership claim deductibles and in any other security or other investment authorized for such pools by the commissioner of insurance. (b) Any public entity which is a member of a self-insurance pool which is organized pursuant to this section or any instrumentality formed by two or more of such members may invest in subordinated debentures issued by such self-insurance pool. (9) In addition to liability coverage pursuant to subsection (1) of this section and property coverage pursuant to section 29-13-102, C.R.S., a self-insurance pool authorized by subsection (1) of this section may provide workers' compensation coverage pursuant to section 8-44-204, C.R.S., and firefighter heart and circulatory malfunction benefits pursuant to section 29-5-302, C.R.S. Source: L. 77: Entire section added, p. 1161, § 1, effective March 16. L. 79: (2), (3), and (4) amended and (6) added, p. 863, § 6, effective July 1. L. 86: (1) amended, p. 880, § 14, effective July 1. L. 88: (1) amended, p. 427, § 2, effective April 20. L. 89: (9) added, p. 1019, § 1, effective April 4; (8) added, p. 1106, § 4, effective July 1. L. 90: (9) amended, p. 568, § 46, effective July 1. L. 92: (2) and (5) amended, pp. 1500, 1613, §§ 37, 169, effective July 1. L. 99: (4) amended, p. 686, § 4, effective August 4. L. 2014: (9) amended, (SB 14-172), ch. 325, p. 1427, § 3, effective January 1, 2015. L. 2017: (2) amended, (HB 17-1231), ch. 284, p. 1576, § 15, effective January 1, 2018. 24-10-116. State required to obtain insurance. (1) The state shall obtain insurance to: (a) Insure itself against all or any part of any liability for an injury for which it might be liable under this article; (b) Insure any of its public employees acting within the scope of their employment against all or any part of his liability for injury for which he might be liable under this article; (c) Insure against the expense of defending a claim for injury against the state or its public employees, whether or not liability exists on such claim. (2) The insurance required under subsection (1) of this section may be provided by: (a) Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes; (b) An insurance company authorized to do business in this state which meets all the requirements of the division of insurance for that purpose; (c) A combination of the methods of obtaining insurance authorized in paragraphs (a) and (b) of this subsection (2). Source: L. 71: p. 1211, § 1. C.R.S. 1963: § 130-11-16. Cross references: For creation of the state risk management fund to provide selfinsurance for claims against the state, see part 15 of article 30 of this title. 24-10-117. Execution and attachment not to issue. Neither execution nor attachment shall issue against a public entity in any action for injury or proceeding initiated under the provisions of this article. Source: L. 71: p. 1211, § 1. C.R.S. 1963: § 130-11-17. Colorado Revised Statutes 2019 Page 214 of 2372 Uncertified Printout 24-10-118. Actions against public employees - requirements and limitations. (1) Any action against a public employee, whether brought pursuant to this article, section 29-5-111, C.R.S., the common law, or otherwise, which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant and which arises out of injuries sustained from an act or omission of such employee which occurred or is alleged in the complaint to have occurred during the performance of his duties and within the scope of his employment, unless the act or omission causing such injury was willful and wanton, shall be subject to the following requirements and limitations, regardless of whether or not such action against a public employee is one for which the public entity might be liable for costs of defense, attorney fees, or payment of judgment or settlement under section 24-10-110: (a) Compliance with the provisions of section 24-10-109, in the forms and within the times provided by section 24-10-109, shall be a jurisdictional prerequisite to any such action against a public employee, and shall be required whether or not the injury sustained is alleged in the complaint to have occurred as the result of the willful and wanton act of such employee, and failure of compliance shall forever bar any such action against a public employee. Any such action against a public employee shall be commenced within the time period provided for that type of action in articles 80 and 81 of title 13, C.R.S., relating to limitation of actions, or it shall be forever barred. (b) The maximum amounts that may be recovered in any such action against a public employee shall be as provided in section 24-10-114 (1), (2), and (3). (c) A public employee shall not be liable for punitive or exemplary damages arising out of an act or omission occurring during the performance of his duties and within the scope of his employment, unless such act or omission was willful and wanton. (d) The fact that a plaintiff sues both a public entity and a public employee shall not be deemed to increase any of the maximum amounts that may be recovered in any such action as provided in this section or in section 24-10-114. (2) (a) A public employee shall be immune from liability in any claim for injury, whether brought pursuant to this article, section 29-5-111, C.R.S., the common law, or otherwise, which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant and which arises out of an act or omission of such employee occurring during the performance of his duties and within the scope of his employment unless the act or omission causing such injury was willful and wanton; except that no such immunity may be asserted in an action for injuries resulting from the circumstances specified in section 24-10-106 (1). (b) Any member of any state board, commission, or other advisory body appointed pursuant to statute, executive order, or otherwise, and any other person acting as a consultant or witness before any such body, shall be immune from liability in any civil action brought against said person for acts occurring while the person was acting as such a member, consultant, or witness, if such person was acting in good faith within the scope of such person's respective capacity, makes a reasonable effort to obtain the facts of the matter as to which action was taken, and acts in the reasonable belief that the action taken by such person was warranted by the facts. (2.5) If a public employee raises the issue of sovereign immunity prior to or after the commencement of discovery, the court shall suspend discovery; except that any discovery necessary to decide the issue of sovereign immunity shall be allowed to proceed, and the court Colorado Revised Statutes 2019 Page 215 of 2372 Uncertified Printout shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal. (3) Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form or relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article. (4) The immunities provided for in this article shall be in addition to any common-law immunity applicable to a public employee. (5) Notwithstanding any provision of this article to the contrary, a public entity may, if it determines by resolution adopted at an open public meeting by the governing body of the public entity that it is in the public interest to do so, defend a public employee against a claim for punitive damages or pay or settle any punitive damage claim against a public employee. Source: L. 79: Entire section added, p. 865, § 7, effective July 1. L. 85, 1st Ex. Sess.: IP(1) amended and (1)(c), (1)(d), (2), and (3) added, pp. 10, 11, §§ 7, 8, effective September 27. L. 86: Entire section added, p. 881, § 15, effective July 1 . L. 92: (1)(a) and (2) amended and (2.5) added, p. 1118, § 7, effective July 1. 24-10-119. Applicability of article to claims under federal law. The provisions of this article shall apply to any action against a public entity or a public employee in any court of this state having jurisdiction over any claim brought pursuant to any federal law, if such action lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant. Source: L. 86: Entire section added, p. 882, § 16, effective July 1 . 24-10-120. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable. Source: L. 86: Entire section added, p. 882, § 16, effective July 1. ARTICLE 11 Holidays 24-11-101. Legal holidays - effect. (1) The following days, viz: The first day of January, commonly called New Year's day; the third Monday in January, which shall be observed as the birthday of Dr. Martin Luther King, Jr.; the third Monday in February, commonly called Washington-Lincoln day; the last Monday in May, commonly called Memorial day; the fourth day of July, commonly called Independence day; the first Monday in September, commonly called Labor day; the second Monday in October, commonly called Columbus day; the eleventh day of November, commonly called Veterans' day; the fourth Thursday in November, commonly called Thanksgiving day; the twenty-fifth day of December, commonly Colorado Revised Statutes 2019 Page 216 of 2372 Uncertified Printout called Christmas day; and any day appointed or recommended by the governor of this state or the president of the United States as a day of fasting or prayer or thanksgiving, are hereby declared to be legal holidays and shall, for all purposes whatsoever, as regards the presenting for payment or acceptance and the protesting and giving notice of the dishonor of bills of exchange, drafts, bank checks, promissory notes, or other negotiable instruments and also for the holding of courts, be treated and considered as is the first day of the week commonly called Sunday. (2) In case any of said holidays or any other legal holiday so designated falls upon a Sunday, then the Monday following shall be considered as the holiday, and all notes, bills, drafts, checks, or other negotiable instruments falling due or maturing on either of said days shall be deemed to be payable on the next succeeding business day. In case the return or adjourned day in any suit, matter, or hearing before any court comes on any day referred to in this section, such suit, matter, or proceeding, commenced or adjourned as aforesaid, shall not, by reason of coming on any such day, abate, but the same shall stand continued to the next succeeding day at the same time and place, unless the next day is Sunday, when in such case the same shall stand continued to the next succeeding secular or business day at the same time and place. Nothing in this section shall prevent the issuing or serving of process on any of the days mentioned in this section or on Sunday. (3) The provisions of this section shall not operate to prohibit agencies in the executive branch of state government from doing business on any of the legal holidays named in this article. Employees under the jurisdiction of the state personnel system who are required to work on any of the legal holidays named in this article shall be granted an alternate day off in the same fiscal year or be paid in accordance with the state personnel system or state fiscal rules. Source: L. 03: p. 246, § 1. R.S. 08: § 2940. C.L. § 3802. L. 33: p. 548, § 1. CSA: C. 79, § 1. L. 53: p. 345, § 1. CRS 53: § 67-1-1. L. 55: p. 439, § 1. C.R.S. 1963: § 67-1-1. L. 69: p. 480, § 1. L. 75: (1) amended, p. 792, § 1, effective June 29. L. 79: (3) added, p. 867, § 1, effective May 24. L. 84: (1) amended, p. 669, § 1, effective January 1, 1986. L. 2018: (3) amended, (SB 18-111), ch. 86, p. 687, § 2, effective August 8. Editor's note: Columbus Day, referred to in subsection (1), was originally enacted in 1907, see L. 07: p. 422, § 1. This was codified in the Revised Statutes of Colorado, see R.S. 08, p. 803, § 2948, and then recodified in the Compiled Laws of Colorado, see C.L., p. 1120, § 3810. In 1933, C.L. § 3810 [C.L. 3807, 3808, 3809, 3811, 3812, and 3813] was relocated into C.L. § 3802, see L. 33, p. 548, § 2. The Columbus Day provision was recodified in the CSA, C. 79, p. 605, § 1, and numbered as § 67-1-2 in CRS 53 and C.R.S. 1963. In 1969, S.B. 4 amended § 671-2 and moved the Columbus Day provision to § 67-1-1, see L. 69, p. 480, §§ 1, 2. In compiling the 1973 Colorado Revised Statutes, § 67-1-1 was subsequently renumbered as § 24-11-101. Cross references: (1) For closing days of banks and effect, see § 11-105-103; for the definition of "business day" under the "Uniform Consumer Credit Code", which definition exempts holidays, see § 5-1-301 (6); for the school holidays, see § 22-1-112; for the computation of time for civil actions, see C.R.C.P. 6; for the execution of writ of attachment on Sunday or legal holiday, see C.R.C.P. 102(j). (2) For the legislative declaration in SB 18-111, see section 1 of chapter 86, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 217 of 2372 Uncertified Printout 24-11-102. Additional holidays - effect. (Repealed) Source: L. 03: p. 245, § 1. R.S. 08: § 2490. C.L.: § 3802. L. 33: p. 548, § 1. CSA: C. 79, § 1. L. 53: p. 346, § 2. CRS 53: § 67-1-2. L. 55: p. 440, § 2. C.R.S. 1963: § 67-1-2. L. 67: p. 71, § 1. L. 69: p. 480, § 2. L. 84: (1) amended, p. 670, § 2, effective January 1, 1986. L. 88: Entire section repealed, p. 895, § 1, effective May 19. 24-11-103. Saturday half holiday - effect. (Repealed) Source: L. 1893: p. 287, § 1. R.S. 08: § 2941. L. 19: p. 429, § 1. C.L. § 3803. CSA: C. 79, § 2. CRS 53: § 67-1-3. C.R.S. 1963: § 67-1-3. L. 95: Entire section repealed, p. 198, § 11, effective April 13. 24-11-104. Arbor Day - tree planting. The third Friday in April of each year shall be set apart and known as "Arbor Day", to be observed by the people of this state in the planting of forest trees for the benefit and adornment of public and private grounds, places, and ways and in such other efforts and undertakings as shall be in harmony with the general character of the day so established. Source: L. 1889: p. 21, § 1. R.S. 08: § 2942. C.L. § 3804. CSA: C. 79, § 3. CRS 53: § 67-1-4. C.R.S. 1963: § 67-1-4. L. 67: p. 798, § 4. 24-11-105. Governor to issue proclamation. Annually, at the proper season, the governor shall issue a proclamation calling the attention of the people to the provisions of section 24-11-104 and recommending and enjoining their due observance. The commissioner of education shall promote, by all proper means, the observance of the day. Source: L. 1889: p. 21, § 3. R.S. 08: § 2944. C.L. § 3806. CSA: C. 79, § 5. CRS 53: § 67-1-6. C.R.S. 1963: § 67-1-5. L. 67: p. 799, § 5. 24-11-106. Good Roads Day. (Repealed) Source: L. 11: p. 446, § 1. C.L. § 3814. CSA: C. 79, § 6. CRS 53: § 67-1-7. C.R.S. 1963: § 67-1-6. L. 95: Entire section repealed, p. 200, § 15, effective April 13. 24-11-107. Proclamation of governor. (Repealed) Source: L. 11: p. 447, § 3. C.L. § 3816. CSA: C. 79, § 8. CRS 53: § 67-1-9. C.R.S. 1963: § 67-1-7. L. 67: p. 799, § 6. L. 95: Entire section repealed, p. 200, § 16, effective April 13. 24-11-108. Susan B. Anthony Day. The fifteenth day of February in each year, the same being the anniversary of the birth of Susan B. Anthony, shall be known as "Susan B. Anthony Day" and may be observed in the public schools of the state by suitable study and Colorado Revised Statutes 2019 Page 218 of 2372 Uncertified Printout classroom discussion which set forth the importance of the great contribution she made to the cause of freedom. Source: L. 41: p. 460, § 1. CSA: C. 79, § 9. CRS 53: § 67-1-10. C.R.S. 1963: § 67-1-8. 24-11-109. Leif Erikson Day. The ninth day of October in each year, the same being the anniversary of the discovery of North America in the year 1000 A.D. by Leif Erikson, shall be known as "Leif Erikson Day", and appropriate observance may be held in all public schools of the state in tribute to the discoverer of the North American continent. Source: L. 43: p. 290, § 1. CSA: C. 79, § 10. CRS 53: § 67-1-11. C.R.S. 1963: § 67-19. 24-11-110. Effect of closing public offices. If, on any day when the public office concerned is closed, or on a Saturday, any document is required to be filed with any public office of the state of Colorado, its departments, agencies, or institutions, or with any public office of any political subdivision of the state, or any appearance or return is required to be made at any such public office, or any official or employee of such public office is required to perform any act or any duty of his office, then any such filing, appearance, return, act, or duty so required or scheduled shall neither be abated nor defaulted, but the same shall stand continued to the next succeeding full business day at such public office at the same time and place. Source: L. 63: p. 552, § 1. C.R.S. 1963: § 67-1-10. L. 88: Entire section amended, p. 895, § 3, effective April 9. L. 95: Entire section amended, p. 199, § 13, effective April 13. 24-11-111. Colorado Day. On the first Monday of August in each year, commonly called "Colorado Day", appropriate observance may be held by the public in tribute to the anniversary of the 1876 admission of the state of Colorado into the United States of America. Source: L. 88: Entire section added, p. 895, § 2, effective April 9. 24-11-112. Cesar Chavez Day. (1) The thirty-first day of March in each year, the same being the anniversary of the birth of Cesar Estrada Chavez, shall be known as "Cesar Chavez Day" and appropriate observance may be held by the public and in all public schools of the state in tribute to his unselfish commitment to the principles of social justice and respect for human dignity. (2) The head of a state agency may allow an employee of the agency to have a day off with pay on Cesar Chavez day in lieu of any other legal holiday described in section 24-11-101 (1) that occurs in the same state fiscal year on a weekday, other than a weekday on which an election is held throughout the state, on which the state agency is required to be open but on which the operations of the agency are required to be maintained at only a minimum level. (3) On Cesar Chavez day, each state agency shall remain open and conduct the operations of the agency at no less than a minimum level. Colorado Revised Statutes 2019 Page 219 of 2372 Uncertified Printout (4) A holiday allowed under this section is in lieu of a legal holiday described in section 24-11-101 (1). The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by this section. Source: L. 2001: Entire section added, p. 153, § 1, effective March 27. 24-11-113. Public lands day. (1) The third Saturday in May in each year is known as "Public Lands Day", and appropriate observance may be held by the public and in all public schools of the state in tribute to the importance of public lands in the state. (2) Annually the governor shall issue a proclamation calling for the celebration of public lands day. Source: L. 2016: Entire section added, (SB 16-021), ch. 167, p. 531, § 1, effective August 10. ARTICLE 12 Oaths and Affirmations 24-12-101. Form of oath or affirmation for public office - requirements for oath or affirmation. (1) When a person is required to take an oath or affirmation before the person enters upon the discharge of a public office or position, the form of the oath or affirmation is as follows: I [name], do [select swear, affirm, or swear by the everliving God] that I will support the constitution of the United States, the constitution of the state of Colorado, and the laws of the state of Colorado, and will faithfully perform the duties of the office of [name of office or position] upon which I am about to enter to the best of my ability. If choosing to swear an oath, the person swearing shall do so with an uplifted hand. (2) The oath or affirmation must be: (a) In writing and signed by the person taking the oath or affirmation; (b) Administered as provided in section 24-12-103; and (c) Taken, signed, administered, and filed as specified in subsection (3) of this section before the person enters upon the public office or position. (3) Officers of the executive department, judges of the supreme and subsidiary courts, and district attorneys shall file their oaths or affirmations of office with the secretary of state. Every other person required by law to file an oath or affirmation of office shall file with the county clerk of the county wherein the person was elected or appointed. Source: R.S. p. 482, § 1. G.L. § 1925. G.S. § 2471. R.S. 08: § 4669. C.L. § 7958. CSA: C. 115, § 1. CRS 53: § 98-1-1. C.R.S. 1963: § 98-1-1. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 691, § 2, effective August 8; (1) amended, (SB 18-242), ch.355, p. 2115, § 1, effective August 8. Colorado Revised Statutes 2019 Page 220 of 2372 Uncertified Printout Cross references: (1) For constitutional requirements of oaths, see §§ 8 and 9 of art. XII, Colo. Const. (2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 24-12-102. Form of oaths or affirmations for purposes other than public office. Whenever any person is required to take or subscribe an oath, and in all cases where an oath is to be administered upon any lawful occasion, and the person has conscientious scruples against taking an oath, the person is permitted to make a solemn affirmation in lieu of an oath. Whenever any person is required to take an oath or affirmation, other than an oath for public office or position in accordance with section 24-12-101, the person shall take or subscribe the oath or affirmation in the manner specified in the particular law that imposes the requirement. Source: R.S. p. 482, § 2. G.L. § 1926. G.S. § 2472. R.S. 08: § 4670. C.L. § 7959. CSA: C. 115, § 2. CRS 53: § 98-1-2. C.R.S. 1963: § 98-1-2. L. 72: p. 563, § 33. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 692, § 3, effective August 8. Cross references: (1) For perjury in the first degree, see § 18-8-502. (2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 24-12-103. Who may administer oaths or affirmations. All courts in this state and each judge, justice, magistrate, referee, clerk, and deputy clerk thereof; members and referees of the division of labor standards and statistics; members of the public utilities commission; and notaries public have power to administer oaths and affirmations to witnesses and others concerning any matter, thing, process, or proceeding pending, commenced, or to be commenced before them respectively. The courts, judges, magistrates, referees, clerks, and deputy clerks within their respective districts or counties; a person designated by the governing body, or any officer thereof; and notaries public within any county of this state have the power to administer all oaths or affirmations of office and other oaths or affirmations required to be taken by any person upon any lawful occasion and to take affidavits and depositions concerning any matter or thing, process, or proceeding pending, commenced, or to be commenced in any court or on any occasion an affidavit or a deposition is authorized or by law required to be taken. Source: R.S. p. 482, § 3. G.L. § 1927. G.S. § 2473. R.S. 08: § 4671. C.L. § 7960. CSA: C. 115, § 3. L. 45: p. 495, § 1. CRS 53: § 98-1-3. C.R.S. 1963: § 98-1-3. L. 64: p. 293, § 235. L. 65: p. 893, § 1. L. 91: Entire section amended, p. 365, § 38, effective April 9. L. 2016: Entire section amended, (HB 16-1323), ch. 131, p. 380, § 17, effective August 10. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 692, § 4, effective August 8. Cross references: (1) For the authority of county clerks to administer oaths, see § 3010-416; for the power of the public utilities commission to administer oaths, see § 40-6-103 (1). (2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 221 of 2372 Uncertified Printout 24-12-104. Officers in armed forces empowered to perform notarial acts. (1) In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed before or by any commissioned officer in active service of the armed forces of the United States or any such officer performing inactive-duty training with the equivalent rank of second lieutenant or higher in any component part of the armed forces of the United States, by or for any person who is a member of the armed forces of the United States, or is serving as a merchant seaman outside the limits of the United States included within the fifty states and the District of Columbia, or is outside said limits by permission, assignment, or direction of any department or official of the United States government, in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged. (2) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, whenever made or taken, are hereby declared legal, valid, and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state under the same circumstances and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law. (3) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate indorsed upon or attached to the instrument or document that shows the date of the notarial act and that states, in substance, that the person appearing before the officer acknowledged the instrument as his or her act or made or signed the instrument or document under oath or affirmation shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment. (4) If the signature, rank, and branch of service or subdivision thereof of any such commissioned officer appears upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section. (5) If any instrument is acknowledged substantially as provided in this section, whether such acknowledgment has been taken before or after February 27, 1943, such acknowledgment shall be prima facie evidence of proper execution of such instrument and shall carry with it the presumptions provided for by section 38-35-101, C.R.S. Source: L. 43: p. 218, § 2. CSA: C. 115, § 3A. L. 47: p. 355, § 3A. CRS 53: § 98-1-4. C.R.S. 1963: § 98-1-4. L. 91: (1) amended, p. 1379, § 1, effective May 18. L. 2018: (3) amended, (HB 18-1138), ch. 88, p. 693, § 5, effective August 8. Cross references: (1) For acknowledgments by persons in the armed forces, see § 3830-127. (2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 222 of 2372 Uncertified Printout 24-12-105. Appointees of officers of home rule cities and city and counties. In all home rule cities and city and counties, the charters of which provide that officers, boards, or commissions named therein shall perform the acts and duties required of county officers by the state constitution or by general law, any deputy, employee, or appointee of such officer, board, or commission may administer any oath or affirmation which, by the state constitution or general law, might be administered by the county officer whose duties are performed by such officer, board, or commission making such appointment or employing such deputy, so long as such deputy, employee, or appointee is employed in such capacity. Source: L. 35: p. 1113, § 1. CSA: C. 115, § 4. CRS 53: § 98-1-5. C.R.S. 1963: § 98-15. Cross references: For constitutional provisions on home rule cities and towns, see art. XX, Colo. Const. 24-12-106. False swearing or affirming, perjury. All oaths and affirmations, affidavits, and depositions administered or taken shall subject any person who swears or affirms falsely and willfully, in the matter material to any issue or point in question, to the penalties inflicted by law on persons guilty of perjury in the first degree. Source: R.S. p. 483, § 5. G.L. § 1929. G.S. § 2475. R.S. 08: § 4673. C.L. § 7961. CSA: C. 115, § 5. CRS 53: § 98-1-6. C.R.S. 1963: § 98-1-6. L. 72: p. 563, § 34. Cross references: For perjury in the first degree, see § 18-8-502. 24-12-107. Oaths taken out of state. All oaths and affirmations required or authorized to be taken by any statute of this state, when the person required to make the same resides out of or is absent from this state, may be made before and administered by any notary public or clerk of any court of record of the state wherein such person may be, such notary or clerk certifying the same under his notarial seal or the seal of such court. Source: R.S. p. 483, § 6. G.L. § 1930. G.S. § 2476. R.S. 08: § 4674. C.L. § 7962. CSA: C. 115, § 6. CRS 53: § 98-1-7. C.R.S. 1963: § 98-1-7. 24-12-108. Tax returns - applications for refunds. Any person required to make any return or any application for refund or protest against any deficiency assessment involving any tax imposed by the sales, use, income, motor fuel, and motor vehicle tax laws under oath or affirmation, in lieu of such oath or affirmation, may make a written verification or declaration that it is true and correct and that it is made under the penalties of perjury in the first degree, and the same is valid and complete without any attestation before a notary public or other officer if the signature thereto is witnessed by a legally competent person. Source: L. 43: p. 445, § 1. CSA: C. 115, § 7. CRS 53: § 98-1-8. C.R.S. 1963: § 98-1-8. L. 72: p. 563, § 35. Colorado Revised Statutes 2019 Page 223 of 2372 Uncertified Printout Cross references: For perjury in the first degree, see § 18-8-502. ARTICLE 13 Official Bonds 24-13-101. Clerks of district courts. (Repealed) Source: R.S. p. 484, § 1. G.L. § 1931. G.S. § 2477. L. 07: p. 272, § 1. R.S. 08: § 4679. L. 11: p. 215, § 1. C.L. § 7963. CSA: C. 117, § 1. CRS 53: § 99-1-1. C.R.S. 1963: § 99-1-1. L. 2013: Entire section repealed, (HB 13-1053), ch. 41, p. 112, § 1, effective March 15. 24-13-102. Suits on clerk's bond. (Repealed) Source: R.S. p. 484, § 2. G.L. § 1932. G.S. § 2478. R.S. 08: § 4680. C.L. § 7964. CSA: C. 117, § 2. CRS 53: § 99-1-2. C.R.S. 1963: § 99-1-2. L. 2013: Entire section repealed, (HB 131053), ch. 41, p. 112, § 1, effective March 15. 24-13-103. Bond filed with secretary of state. (Repealed) Source: R.S. p. 484, § 3. G.L. § 1933. G.S. § 2479. R.S. 08: § 4681. C.L. § 7965. CSA: C. 117, § 3. CRS 53: § 99-1-3. C.R.S. 1963: § 99-1-3. L. 2013: Entire section repealed, (HB 131053), ch. 41, p. 112, § 1, effective March 15. 24-13-104. Judge to examine bond. (Repealed) Source: R.S. p. 484, § 5. G.L. § 1935. L. 1883: p. 245, § 1. G.S. § 2481. R.S. 08: § 4683. C.L. § 7967. CSA: C. 117, § 5. CRS 53: § 99-1-4. C.R.S. 1963: § 99-1-4. L. 2013: Entire section repealed, (HB 13-1053), ch. 41, p. 112, § 1, effective March 15. 24-13-105. County board to examine bonds - new bond. It is the duty of the board of county commissioners of each county, at each regular term, on the first day of each term, to examine and inquire into the sufficiency of the official bond of the county treasurer, sheriff, coroner, county assessor, county clerk and recorder, and county surveyor and all other official bonds given by any county officer, as required by law. If it appears that one or more of the sureties on the official bond of any such county officer have removed from the county, died, or become insolvent or of doubtful solvency, the board of county commissioners shall cause such officer to be summoned to appear before said board, on a day to be named in said summons, to show cause why he should not be required to give a new bond, with sufficient surety. If, at the appointed time, he fails to satisfy said board as to the sufficiency of the present surety, an order shall be entered of record by said board, requiring such officer to file in the office of the county clerk and recorder, within twenty days, a new bond, to be approved as required by law, unless the number and pecuniary ability of other sureties on the bond are such as to satisfy the board that the bond is sufficient, notwithstanding the fact that one or more of the sureties on said bond Colorado Revised Statutes 2019 Page 224 of 2372 Uncertified Printout may have removed, died, or become insolvent or of doubtful solvency, in which case the bond in question, in the discretion of said board, may be held to be sufficient. Source: R.S. p. 485, § 6. G.L. § 1936. G.S. § 2482. R.S. 08: § 4684. C.L. § 7968. CSA: C. 117, § 6. CRS 53: § 99-1-5. C.R.S. 1963: § 99-1-5. L. 64: p. 294, § 236. 24-13-106. Parties interested may offer evidence. All persons interested in the sufficiency of the official bond of any of the officers or persons named in section 24-13-105 may appear at the prescribed time and place and shall be allowed to introduce any evidence lawfully tending to prove the removal, death, insolvency, or doubtful solvency of any surety on such official bond, and the officer or person interested, or any of his sureties, may also appear and introduce any evidence lawfully tending to establish the sufficiency of such official bond. Source: R.S. p. 486, § 8. G.L. § 1938. G.S. § 2484. R.S. 08: § 4685. C.L. § 7969. CSA: C. 117, § 7. CRS 53: § 99-1-6. C.R.S. 1963: § 99-1-6. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 2, effective March 15. 24-13-107. Record of examination. It is the duty of the board of county commissioners to enter upon their respective records, at the time prescribed in section 24-13-105 for an examination, that an examination and inquiry into the sufficiency of the official bonds within their cognizance has been made and that they severally are deemed sufficient or insufficient as the facts may justify. Source: R.S. p. 486, § 9. G.L. § 1939. G.S. § 2485. R.S. 08: § 4686. C.L. § 7970. CSA: C. 117, § 8. CRS 53: § 99-1-7. C.R.S. 1963: § 99-1-7. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 3, effective March 15. 24-13-108. Failure to file new bond - vacancy. If any officer or person enumerated in section 24-13-105 fails to file a new bond within the prescribed time when so required by an order entered of record requiring the filing of such new bond, the officer in default shall be deemed to have vacated his office, and the same steps shall be taken to fill such vacancy thus created as are taken to fill a vacancy by the death or resignation of such officer. Source: R.S. p. 486, § 10. G.L. § 1940. G.S. § 2486. R.S. 08: § 4687. C.L. § 7971. CSA: C. 117, § 9. CRS 53: § 99-1-8. C.R.S. 1963: § 99-1-8. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 4, effective March 15. 24-13-109. Release of sureties - notice. Any person who is the surety of any sheriff, coroner, county clerk and recorder, county treasurer, county surveyor, or other county officer shall have the power of releasing himself from further liability as such surety for such officer by filing in the office of the county clerk and recorder a notice that he is no longer willing to be surety for such officer. If the person so desiring to be released from such surety is suretyship for the county clerk and recorder, in addition to such filing of notice, he shall deliver a copy of the notice to the chairman of the board of county commissioners or, if he is absent, to some other member of said board. Colorado Revised Statutes 2019 Page 225 of 2372 Uncertified Printout Source: R.S. p. 486, § 11. G.L. § 1941. G.S. § 2487. R.S. 08: § 4688. C.L. § 7972. CSA: C. 117, § 10. CRS 53: § 99-1-9. C.R.S. 1963: § 99-1-9. L. 64: p. 294, § 237. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 5, effective March 15. 24-13-110. Duty of county clerk and recorder. When any notice is filed with the county clerk and recorder, he shall immediately give notice thereof to such officer, who shall thereupon file other surety, to be approved by the board of county commissioners if the same is then in session or if a session thereof is commenced within ten days after notice has been given, but, if said board is not in session nor a session thereof is commenced within ten days thereafter, the officer within ten days shall file said bond with the county clerk and recorder, who shall judge of the sufficiency of said bond, subject to the decision and approval of said board of county commissioners at their first meeting thereafter. If such notice relates to the surety of the county clerk and recorder, it is the duty of the county commissioner to whom the copy of such notice is given immediately to require said clerk to file other surety to be approved by the board of county commissioners in like manner, but, if said board is not in session, the county commissioner to whom such notice may be given may approve such surety, subject to the decision and approval of the said board at its first meeting thereafter. Source: R.S. p. 487, § 12. G.L. § 1942. G.S. § 2488. R.S. 08: § 4689. C.L. § 7973. CSA: C. 117, § 11. CRS 53: § 99-1-10. C.R.S. 1963: § 99-1-10. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 6, effective March 15. 24-13-111. Effect of new bond - release. If a new bond is given by any officer, then the former sureties shall be entirely released and discharged from all liability incurred by any such officer as to any business which may have been transacted from and after the time of the approval of the new bond, and the sureties to the new bond shall be liable for all official delinquencies of said officer, whether of omission or commission, which may occur after approval of the new bond. Source: R.S. p. 487, § 14. G.L. § 1944. G.S. § 2490. R.S. 08: § 4691. C.L. § 7975. CSA: C. 117, § 13. CRS 53: § 99-1-12. C.R.S. 1963: § 99-1-12. 24-13-112. Embezzlement - vacancy. If any master, clerk of the district court, sheriff, coroner, county judge, county treasurer, county assessor, county clerk and recorder, or other officer embezzles or appropriates to his own use any money which may be paid to him by virtue of his office and is convicted therefor, the court pronouncing such judgment shall declare the office held by such officer to be vacant, and such vacancy shall be filled as provided by law. Source: R.S. p. 488, § 15. G.L. § 1945. G.S. § 2491. R.S. 08: § 4692. C.L. § 7976. CSA: C. 117, § 14. CRS 53: § 99-1-13. C.R.S. 1963: § 99-1-13. L. 64: p. 295, § 239. 24-13-113. Failure to file bond. It is the duty of such sheriff, coroner, county treasurer, county assessor, county clerk and recorder, or other officer, if he fails to give bond, to deliver over to his sureties forthwith all books, moneys, vouchers, papers, and every description of property whatever, pertaining to his office; and the sureties, at any time after failure to file bond, Colorado Revised Statutes 2019 Page 226 of 2372 Uncertified Printout may maintain an action of replevin or other appropriate action to recover such property, money, or effects from their principal. Source: R.S. p. 488, § 16. G.L. § 1946. G.S. § 2492. R.S. 08: § 4693. C.L. § 7977. CSA: C. 117, § 15. CRS 53: § 99-1-14. C.R.S. 1963: § 99-1-14. L. 64: p. 295, § 240. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 7, effective March 15. 24-13-114. Officers failing to deliver, not to act - penalty. If any officer designated in section 24-13-105 fails to deliver any money, property, or effects to his sureties or acts or attempts to act in the performance of the duties of his office after failing to give a new bond, he is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars. Source: R.S. p. 488, § 17. G.L. § 1947. G.S. § 2493. R.S. 08: § 4694. C.L. § 7978. CSA: C. 117, § 16. CRS 53: § 99-1-15. C.R.S. 1963: § 99-1-15. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 114, § 8, effective March 15. 24-13-115. Effect of release of sureties. The provisions of this article shall not be so construed as to operate as a release of the sureties of any of the aforesaid officers for liabilities incurred previous to the filing of a new bond. Source: R.S. p. 488, § 18. G.L. § 1948. G.S. § 2494. R.S. 08: § 4695. C.L. § 7979. CSA: C. 117, § 17. CRS 53: § 99-1-16. C.R.S. 1963: § 99-1-16. 24-13-116. Approval of bonds - clerk of county board. The county treasurer, county assessor, county clerk and recorder, or any county officer shall file his official bond in the office of the county clerk and recorder, which bond shall be executed as required by law and shall be approved by the board of county commissioners in open session. If said board is not in session on the filing of such bond, then the county clerk and recorder shall judge of its sufficiency, subject to the final decision and approval of said board at its first meeting thereafter. If said board is not in session, the county clerk and recorder, in filing his bond, shall present the same to the chairman of the board of county commissioners or, in case of his absence or inability to act, to one of the other members of said board, who shall judge of its sufficiency, subject to the decision and approval of said board at its first meeting thereafter. Source: R.S. p. 488, § 20. G.L. § 1950. G.S. § 2496. R.S. 08: § 4697. C.L. § 7981. CSA: C. 117, § 19. CRS 53: § 99-1-17. C.R.S. 1963: § 99-1-17. L. 64: p. 296, § 241. Cross references: For approval of county surveyor's bond, see § 30-10-901. 24-13-117. Approval of bonds to be of record. It is the duty of the board of county commissioners to make an entry in the records of said board of its approval of all official bonds, and, when so approved by said board, the county clerk and recorder shall record the same in the records of said county for inspection by all persons. Colorado Revised Statutes 2019 Page 227 of 2372 Uncertified Printout Source: R.S. p. 489, § 22. G.L. § 1952. G.S. § 2498. R.S. 08: § 4699. C.L. § 7983. CSA: C. 117, § 21. CRS 53: § 99-1-19. C.R.S. 1963: § 99-1-19. 24-13-118. Neglect to examine bonds - penalty. If any board of county commissioners willfully neglects to inquire and examine into the sufficiency of any of the official bonds named in this article, each member of the board is guilty of a public omission of duty and is liable in damages to any person who may receive injury by such neglect, to be recovered before any court of competent jurisdiction in this state by a civil action. Source: R.S. p. 489, § 23. G.L. § 1953. G.S. § 2499. R.S. 08: § 4700. C.L. § 7984. CSA: C. 117, § 22. CRS 53: § 99-1-20. C.R.S. 1963: § 99-1-20. 24-13-119. Officers shall not become sureties. No district judge, district attorney, county commissioner, county attorney, county clerk and recorder, or county judge shall become a surety on any official bond given by any county officer in this state. Source: L. 1879: p. 27, § 1. G.S. § 2501. R.S. 08: § 4702. C.L. § 7986. CSA: C. 117, § 24. CRS 53: § 99-1-22. C.R.S. 1963: § 99-1-22. L. 64: p. 296, § 242. 24-13-120. Forfeiture of office by becoming surety. No such officer shall become surety on any bond or obligation given to any board of county commissioners in this state. A violation of this section or section 24-13-119 shall work a forfeiture of any office held by such officer. Source: L. 1879: p. 27, § 2. G.S. § 2502. R.S. 08: § 4703. C.L. § 7987. CSA: C. 117, § 25. CRS 53: § 99-1-23. C.R.S. 1963: § 99-1-23. 24-13-121. Official bond payable to people. Every official bond of any county officer, if not otherwise provided by law, shall be payable to the people of the state of Colorado, and an action shall lie thereon to the use of any party aggrieved in the name of the people. Source: G.L. § 563. G.S. § 663. R.S. 08: § 4704. C.L. § 7988. CSA: C. 117, § 26. CRS 53: § 99-1-24. C.R.S. 1963: § 99-1-24. 24-13-122. Freeholders only acceptable as surety. (Repealed) Source: L. 1889: p. 106, § 1. R.S. 08: § 4705. C.L. § 7989. CSA: C. 117, § 27. CRS 53: § 99-1-25. C.R.S. 1963: § 99-1-25. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 463, § 3, effective August 8. Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018. 24-13-123. Statement of surety - contents. (Repealed) Colorado Revised Statutes 2019 Page 228 of 2372 Uncertified Printout Source: L. 1889: p. 106, § 2. R.S. 08: § 4706. C.L. § 7990. CSA: C. 117, § 28. CRS 53: § 99-1-26. C.R.S. 1963: § 99-1-26. L. 72: p. 564, § 36. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 463, § 4, effective August 8. Cross references: (1) For perjury in the second degree, see § 18-8-503. (2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018. 24-13-124. Approval or rejection of bonds. Nothing in this section shall be construed to abridge, limit, or restrict the powers vested by law in boards of county commissioners to approve or reject, in their discretion, the bonds of county officers in their respective counties, to accept or refuse any surety offered thereon, and to require a new bond to be given in any case when they may deem the bond of any county officer insufficient from any cause for the public security. Source: L. 1889: p. 106, § 3. R.S. 08: § 4707. C.L. § 7991. CSA: C. 117, § 29. CRS 53: § 99-1-27. C.R.S. 1963: § 99-1-27. L. 2018: Entire section amended, (HB 18-1140), ch. 41, p. 463, § 5, effective August 8. Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018. 24-13-125. Official bonds - expense of premiums. Any state, county, municipal, district, or court officer required by law to give a bond or other obligation as such officer may include, as part of the lawful expenses of executing and performing the duties of his office, such reasonable premium as may be charged by a company authorized under the laws of this state so to do for becoming his surety on such bond or obligation and such reasonable premium as may be charged by such company for becoming surety upon the bond of any deputy, clerk, or employee of such officer who is required by law or by such officer to give bond. Such premium shall not exceed one-half of one percent per annum on the amount or penalty of each bond or obligation. Source: L. 19: p. 317, § 1. C.L. § 7992. CSA: C. 117, § 30. CRS 53: § 99-1-28. C.R.S. 1963: § 99-1-28. 24-13-126. Premiums, how paid. The expenses provided in section 24-13-125, in the case of state officers and their deputies, clerks, or employees, shall be paid from the state treasury, and the general assembly shall make the necessary appropriations therefor. In the case of all other officers and their deputies, clerks, or employees, such expenses shall be paid from any fund provided by such county, municipality, district, precinct, or court for the payment thereof or for the payment of the incidental or contingent expenses of any such officer, or the same shall be paid by such officer from any fund in his possession from which he is authorized to pay the expenses or salaries of his office. Colorado Revised Statutes 2019 Page 229 of 2372 Uncertified Printout Source: L. 19: p. 317, § 2. C.L. § 7993. CSA: C. 117, § 31. CRS 53: § 99-1-29. C.R.S. 1963: § 99-1-29. ARTICLE 14 Liability - State and County Employees 24-14-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Agent" means any person duly authorized by an officer or employee to perform an act within the course of his service or employment. (2) "Employee" means any employee of the state or its governmental subdivisions. (3) "Officer" means any elected or appointed public official. (4) "State" means any agency or department of the state of Colorado, a county, or a city and county. Source: L. 62: p. 177, § 1. C.R.S. 1963: § 72-16-1. 24-14-102. Authorize purchase of liability insurance and crime insurance in lieu of a public official personal surety bond - definitions. (1) The head of a department of the state of Colorado, with the approval of the governor or, in the case of the county or city and county, the chief executive officer or board of county commissioners, subject to appropriations being available therefor, is hereby authorized to procure insurance, through the department of personnel as provided in the "Procurement Code", articles 101 to 112 of this title 24, for the purpose of insuring its officers, employees, and agents against any liability, other than a liability that may be insured against under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, for injuries or damages resulting from their negligence or other tortious conduct during the course of their service or employment. Counties or cities and counties are authorized to insure their officers, employees, and agents against similar liabilities. (2) (a) Whenever a person is required by law to provide or purchase a personal surety bond as a condition of serving in a public elected, appointed, or employed position, the public entity for which the person will serve may, in lieu of the required bond, purchase crime insurance to protect the public entity from any dishonesty, theft, or fraud by the person. However, this section does not apply to the bond required of the state treasurer pursuant to section 24-22-101. (b) If a public entity purchases crime insurance in lieu of a personal surety bond pursuant to this subsection (2), the public official or employee is relieved of all statutory requirements related to the personal surety bond, including requirements as to the type, provider, form, amount, or filing of the personal surety bond. The public entity is likewise relieved of any statutory requirements related to the personal surety bond of the public official or employee. (c) Crime insurance purchased pursuant to this subsection (2) must be purchased from an insurance provider licensed in the state of Colorado. The public entity shall pay the premiums for the insurance. (d) As used in this subsection (2), unless the context otherwise requires: (I) "Crime insurance" means a form of insurance to protect public assets from loss due to dishonesty, theft, or fraud by a public official. Colorado Revised Statutes 2019 Page 230 of 2372 Uncertified Printout (II) "Personal surety bond" means a bond, surety, surety bond, surety company bond, corporate surety bond, corporate fidelity bond, individual bond, schedule bond, blanket bond, or official bond. (III) "Public entity" means the state of Colorado, principal departments listed in section 24-1-110, public colleges and universities, state or local commissions, state or local authorities, counties, cities, cities and counties, towns, municipalities, districts, special districts, boards, and school districts. Source: L. 62: p. 177, § 2. C.R.S. 1963: § 72-16-2. L. 81: Entire section amended, p. 1286, § 5, effective January 1, 1982. L. 90: Entire section amended, p. 568, § 47, effective July 1. L. 96: Entire section amended, p. 1516, § 46, effective June 1. L. 2018: Entire section amended, (HB 18-1140), ch. 41, p. 463, § 6, effective August 8. Cross references: (1) For the "Workers' Compensation Act of Colorado", see articles 40 to 47 of title 8; for authority for public entities other than the state to obtain insurance, see § 24-10-115. (2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018. 24-14-103. Approval of seller - premium cost. Any policy of insurance shall be obtained from an insurer authorized to transact business in this state and deemed by the department of personnel or the appropriate governing body of the governmental subdivision to be responsible and financially sound considering the extent of the coverage required. The premium for such insurance shall be a proper charge against the state or the appropriate governmental subdivision. Source: L. 62: p. 178, § 3. C.R.S. 1963: § 72-16-3. L. 81: Entire section amended, p. 1291, § 16, effective January 1, 1982. L. 96: Entire section amended, p. 1516, § 47, effective June 1. 24-14-104. Amount of coverage - limitations. (1) The extent of the insurance coverage shall be limited as follows: (a) For any bodily injury and property damage to one person in any single occurrence, the sum of one hundred fifty thousand dollars; (b) For any bodily injury and property damage to two or more persons in any single occurrence, the sum of four hundred thousand dollars; except that, in such instance, no person may recover in excess of one hundred fifty thousand dollars. Source: L. 62: p. 178, § 4. C.R.S. 1963: § 72-16-4. L. 71: p. 1213, § 6. L. 72: p. 600, § 92. L. 81: (1) amended, p. 1152, § 2, effective April 30. 24-14-105. Limitation of actions. No action arising against an officer, employee, or agent of the state or state governmental subdivision for which insurance coverage is provided in this article shall be brought unless the same is brought within the time period prescribed in Colorado Revised Statutes 2019 Page 231 of 2372 Uncertified Printout section 13-80-102 or 13-80-102.5, C.R.S., except as set forth in section 13-80-103 (1)(b) and (1)(c), C.R.S. Source: L. 62: p. 178, § 6. C.R.S. 1963: § 72-16-6. L. 86: Entire section amended, p. 704, § 16, effective May 23. L. 88: Entire section amended, p. 627, § 3, effective July 1. ARTICLE 15 Seals 24-15-101. Seals. Whenever this title requires the use of a seal in the performance of any duties, it shall be sufficient that a rubber stamp with a facsimile affixed thereon of the seal required to be used is placed or stamped with indelible ink upon the document requiring the seal. Source: L. 75: Entire article added, p. 489, § 5, effective July 14. ARTICLE 15.5 Flag of the United States 24-15.5-101. Display of flag of the United States - definitions. (1) Any state agency that purchases a flag of the United States for display may only display such flag if it has been made in the United States. (2) For purposes of this article, "state agency" means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government. Source: L. 2008: Entire article added, p. 94, § 1, effective September 11, 2009. ARTICLE 16 Public Works Fiscal Responsibility Accounting Act of 1981 24-16-101. Short title. This article shall be known and may be cited as the "Public Works Fiscal Responsibility Accounting Act of 1981". Source: L. 81: Entire article added, p. 1154, § 1, effective July 1. 24-16-102. Legislative declaration. The general assembly hereby finds, determines, and declares that there is a present need for information concerning the true cost of government public work projects which are performed in whole or in part by employees of or use of equipment, machinery, or materials owned by the state of Colorado. Source: L. 81: Entire article added, p. 1154, § 1, effective July 1. Colorado Revised Statutes 2019 Page 232 of 2372 Uncertified Printout 24-16-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Agency of government" means any state agency, department, division, board, bureau, commission, institution, or section which is a budgetary unit exercising purchasing authority or discretion. (2) "Contract" means any agreement for public works for a fixed or determinable amount duly awarded after advertisement and competitive bid. (3) "Cost" means the total cost of labor, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical and accounting services, the value of the use of equipment, including depreciation, owned by an agency of government, and reasonable estimates of other administrative costs not otherwise directly attributable to the project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards. (4) "Generally accepted cost accounting principles and standards" means those accounting principles and standards promulgated by the cost accounting standards board of the American institute of certified public accountants which pertain to contractors engaged in the performance of government contracts. (5) "Project" means any public work for which appropriation or expenditure of funds may be reasonably expected to exceed twenty-five thousand dollars in the aggregate for any fiscal year. (6) "Public work" means any construction, alteration, repair, or improvement of any land, building, structure, facility, road, highway, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety or maintenance programs for the upkeep of public roads, highways, or bridge structures; except that "public works" does not include routine maintenance that is not definable by a stop or start time or by geographical limits. (7) "Responsible agency of government" means the agency of government which has fiscal accountability for a project. (8) "Responsible official" means the person having overall responsibility, including delegated authority, for keeping the accounting records of the responsible agency of government. Source: L. 81: Entire article added, p. 1154, § 1, effective July 1. 24-16-104. Prohibition of division of works of public improvement construction. It is unlawful for any person to divide a works of public improvement construction into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this article. Source: L. 81: Entire article added, p. 1155, § 1, effective July 1. 24-16-105. Account and record of costs. Whenever an agency of government undertakes any public work project by any means or method other than by contract, it shall cause to be kept and preserved a full, true, and accurate record of the cost of such project. Such records shall be kept and maintained by a responsible official on behalf of the responsible agency of government. To the extent the responsible agency of government contracts with any other agency of government in connection with a project, such other agency shall provide all necessary Colorado Revised Statutes 2019 Page 233 of 2372 Uncertified Printout data or information to enable the responsible agency of government to document a full, true, and accurate record of the cost of such project, which data or information shall be kept in an orderly manner by the responsible agency of government for a period of at least six years after completion of the project. All such records shall be considered public records and shall be made available for public inspection. Source: L. 81: Entire article added, p. 1155, § 1, effective July 1. Cross references: For the inspection of public records, see part 2 of article 72 of this title. 24-16-106. Rules and regulations. On or after July 1, 1981, but before January 1, 1982, the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article. In promulgating such rules and regulations, the controller may seek the advice of the advisory committee on governmental accounting appointed pursuant to section 29-1-503, C.R.S., but the advice of such committee shall not be binding upon the controller. He shall at all times be concerned with the promulgation and implementation of rules and regulations concerning the obligation of agencies of government to keep certain project records, even if duplicative, in accordance with generally accepted cost accounting principles and standards. Upon request of local government officials, the department of personnel may assist local government officials in implementing cost accounting procedures. Source: L. 81: Entire article added, p. 1155, § 1, effective July 1. L. 95: Entire section amended, p. 640, § 32, effective July 1. L. 96: Entire section amended, p. 1516, § 48, effective June 1. Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995. 24-16-107. Audit. If any agency of government is alleged to be in violation of or in material noncompliance with this article 16 or the rules promulgated by the office of the state controller, the legislative audit committee must be advised, in writing, of the activities alleged to be in violation or noncompliance. The legislative audit committee shall give notice to the agency, which shall have ten days to respond to such allegation. If the said committee thereafter determines that there is a reasonable probability of a violation or material noncompliance, the committee shall take appropriate action and may direct the state auditor to conduct an audit and review of the records being kept by such agency. If the state auditor determines that the agency has violated or has not complied or is not complying with this article 16 or the rules, a written report shall be issued to the agency detailing the areas of violation or noncompliance and curative recommendations. The agency shall implement the recommendations of the state auditor within a time period set by the state auditor not to exceed six months. Source: L. 81: Entire article added, p. 1156, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1181), ch. 351, p. 1630, § 25, effective June 7. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1401, § 67, effective May 25. Colorado Revised Statutes 2019 Page 234 of 2372 Uncertified Printout 24-16-108. Repeal. (Repealed) Source: L. 81: Entire article added, p. 1156, § 1, effective July 1. L. 86: Entire section repealed, p. 883, § 1, effective February 27. ARTICLE 17 State Department Financial Responsibility and Accountability PART 1 STATE DEPARTMENT FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY 24-17-101. Short title. This part 1 shall be known and may be cited as the "State Department Financial Responsibility and Accountability Act". Source: L. 88: Entire article added, p. 897, § 1, effective July 1. L. 2004: Entire section amended, p. 1126, § 2, effective May 27. 24-17-102. Control system to be maintained. (1) Each principal department of the executive department of the state government listed in section 24-1-110 shall institute and maintain systems of internal accounting and administrative control within said department, which shall be applicable to all agencies within said department and which shall provide for: (a) A plan of organization that specifies such segregation of duties as may be necessary to assure the proper safeguarding of state assets; (b) Restrictions permitting access to state assets only by authorized persons in the performance of their assigned duties; (c) Adequate authorization and record-keeping procedures to provide effective accounting control over state assets, liabilities, revenues, and expenditures; (d) Personnel of quality and integrity commensurate with their assigned responsibilities; (e) An effective process of internal review and adjustment for changes in conditions. Source: L. 88: Entire article added, p. 897, § 1, effective July 1. 24-17-103. Annual report to controller. Not later than December 31 of each year following April 9, 1988, the head of each principal department shall file, with the controller, the state auditor, and the governor, a written statement that the department's systems of internal accounting and control either do or do not fully comply with the requirements of section 24-17102. In the event that the statement filed indicates that the systems employed by the department are not in compliance with section 24-17-102, the statement shall further detail specific weaknesses known to exist, together with plans and schedules for correcting any such weaknesses. Colorado Revised Statutes 2019 Page 235 of 2372 Uncertified Printout Source: L. 88: Entire article added, p. 898, § 1, effective July 1. 24-17-104. Public inspection. The report required under section 24-17-103 shall be available for inspection by members of the public, and the controller shall make copies available for that purpose upon request. Source: L. 88: Entire article added, p. 898, § 1, effective July 1. PART 2 STATE CONTINGENCY-BASED CONTRACTS 24-17-201. Short title. This part 2 shall be known and may be cited as the "State Contingency-Based Contracts Act". Source: L. 2004: Entire part added, p. 1124, § 1, effective May 27. 24-17-202. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Under certain circumstances, contingency-based contracts can benefit the state by reducing state agencies' fixed contractual costs and linking state agency expenditures to the achievement of desired results, but contingency-based contracts can also have unintended adverse consequences that impact state finances in ways that a contracting state agency might not foresee. (b) Contracting is a function of the executive branch of state government, but the power to appropriate state moneys is a legislative function, and it is necessary and appropriate to provide limited legislative guidance to the executive branch regarding contingency-based contracts in order to protect state finances and the appropriations process from possible unintended adverse effects of contingency-based contracts. (2) The general assembly further finds and declares that: (a) Existing statutes expressly authorize certain state agencies to enter into contingencybased contracts in specified circumstances, and these statutes reflect the considered judgment of the general assembly that contingency-based contracts are appropriate in those circumstances. It is not the intent of the general assembly to subject contingency-based contracts entered into pursuant to specific statutory authorization to the requirements of this part 2. (b) Because the office of state planning and budgeting is the executive branch agency that makes state economic forecasts for the executive branch and oversees the participation of the executive branch in the state budgeting process, it is the state agency best suited to determine, in accordance with the guidelines set forth in this part 2, whether a contingency-based contract not expressly authorized by statute is appropriate. Source: L. 2004: Entire part added, p. 1124, § 1, effective May 27. 24-17-203. Definitions. As used in this part 2, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 236 of 2372 Uncertified Printout (1) "Contingency-based contract" means a contract entered into by a state agency and a vendor for services that: (a) Requires all or part of the vendor's compensation to be computed by multiplying a stated percentage times the amount of measurable savings in the state agency's expenditures or costs of operation that are demonstrably attributable to the vendor's services under the contract; and (b) Is entered into without the authority of a state statute that specifically authorizes the agency to enter into such a contract. (2) "Office" means the office of state planning and budgeting created in section 24-37102. Source: L. 2004: Entire part added, p. 1125, § 1, effective May 27. 24-17-204. Review of contingency-based contracts by office of state planning and budgeting. (1) No contingency-based contract shall be deemed valid unless the head of the principal department of state government entering into the contract or containing the agency entering into the contract submits the contract and an analysis of the contract to the office as required by paragraph (b) of subsection (2) of this section and the office approves the contract and transmits its approval in writing to the department. The state controller shall also promptly forward each contingency-based contract that it reviews pursuant to section 24-30-202 to the office. (2) (a) Whenever a principal department of state government or another state agency enters into a contingency-based contract, the department or agency shall prepare an analysis of the contract that addresses: (I) The extent to which the contract requires the vendor's compensation to be computed on a contingency basis and the maximum potential contractual liability to pay contingency-based compensation to the vendor; (II) The extent to which it is necessary to offer contingency-based compensation to the vendor and the amount of any reduction in fixed contractual costs achieved by offering contingency-based compensation; (III) The extent to which the contractually specified performance measure used to determine contingency-based compensation is appropriate and capable of being accurately determined; (IV) The extent to which the contingency-based compensation specified in the contract might affect the state budgeting and appropriations process; and (V) Any other factors that the department or agency deems relevant to consider in evaluating the contract. (b) The head of a principal department of state government entering into a contingencybased contract or containing an agency entering into a contingency-based contract shall sign both the contract and the analysis prepared pursuant to paragraph (a) of this subsection (2) and shall submit both the contract and the analysis to the office so that the office may approve or disapprove the contract. (c) Upon receipt of a contingency-based contract and analysis, the office shall review and either approve or disapprove the contract. The office shall promptly transmit written notification of a decision to approve a contingency-based contract to the head of the principal Colorado Revised Statutes 2019 Page 237 of 2372 Uncertified Printout department that submitted the contract to the office and the joint budget committee of the general assembly. The office shall promptly transmit written notification of a decision to disapprove a contingency-based contract only to the head of the principal department that submitted the contract to the office. Source: L. 2004: Entire part added, p. 1125, § 1, effective May 27. 24-17-205. Existing legal requirements not superseded. The provisions of this part 2 shall not be construed to repeal, supersede, or otherwise affect any other statutory provisions that limit the use of or require review or approval of contingency-based contracts. Nothing in this part 2 shall be construed to authorize or prohibit a state agency from entering into a contingencybased contract in the absence of a statute that specifically authorizes the state agency to enter into such a contract. Source: L. 2004: Entire part added, p. 1126, § 1, effective May 27. ARTICLE 18 Standards of Conduct Cross references: For provisions relating to abuse of public office, see part 4 of article 8 of title 18. Law reviews: For article, "Conflicts of Interest in Government", see 18 Colo. Law. 595 (1989); for article, "Advising Quasi-Judges: Bias, Conflicts of Interest, Prejudgment, and Ex Parte Contacts", see 33 Colo. Law. 69 (March 2004). PART 1 CODE OF ETHICS 24-18-101. Legislative declaration. The general assembly recognizes the importance of the participation of the citizens of this state in all levels of government in the state. The general assembly further recognizes that, when citizens of this state obtain public office, conflicts may arise between the public duty of such a citizen and his or her private interest. The general assembly hereby declares that the prescription of some standards of conduct common to those citizens involved with government is beneficial to all residents of the state. The provisions of this part 1 recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances. Source: L. 88: Entire article added, p. 899, § 1, effective July 1. 24-18-102. Definitions. As used in this part 1, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 238 of 2372 Uncertified Printout (1) "Business" means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit. (2) "Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another. (3) "Employee" means any temporary or permanent employee of a state agency or any local government, except a member of the general assembly and an employee under contract to the state. (4) "Financial interest" means a substantial interest held by an individual which is: (a) An ownership interest in a business; (b) A creditor interest in an insolvent business; (c) An employment or a prospective employment for which negotiations have begun; (d) An ownership interest in real or personal property; (e) A loan or any other debtor interest; or (f) A directorship or officership in a business. (5) "Local government" means the government of any county, city and county, city, town, special district, or school district. (6) "Local government official" means an elected or appointed official of a local government but does not include an employee of a local government. (7) "Official act" or "official action" means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority. (8) "Public officer" means any elected officer, the head of a principal department of the executive branch, and any other state officer. "Public officer" does not include a member of the general assembly, a member of the judiciary, any local government official, or any member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses. (9) "State agency" means the state; the general assembly and its committees; every executive department, board, commission, committee, bureau, and office; every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof; and every independent commission and other political subdivision of the state government except the courts. Source: L. 88: Entire article added, p. 899, § 1, effective July 1. L. 90: (1) amended, p. 447, § 10, effective April 18. L. 91: (8) amended, p. 837, § 1, effective March 29. 24-18-103. Public trust - breach of fiduciary duty. (1) The holding of public office or employment is a public trust, created by the confidence which the electorate reposes in the integrity of public officers, members of the general assembly, local government officials, and employees. A public officer, member of the general assembly, local government official, or employee shall carry out his duties for the benefit of the people of the state. (2) A public officer, member of the general assembly, local government official, or employee whose conduct departs from his fiduciary duty is liable to the people of the state as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his trust. The district attorney of the district where the trust is violated may bring Colorado Revised Statutes 2019 Page 239 of 2372 Uncertified Printout appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the general fund of the state or local government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such public officer, member of the general assembly, local government official, or employee. Source: L. 88: Entire article added, p. 900, § 1, effective July 1. 24-18-104. Rules of conduct for all public officers, members of the general assembly, local government officials, and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A public officer, a member of the general assembly, a local government official, or an employee shall not: (a) Disclose or use confidential information acquired in the course of his official duties in order to further substantially his personal financial interests; or (b) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value: (I) Which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties; or (II) Which he knows or which a reasonable person in his position should know under the circumstances is primarily for the purpose of rewarding him for official action he has taken. (2) An economic benefit tantamount to a gift of substantial value includes without limitation: (a) A loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services; or (b) The acceptance by a public officer, a member of the general assembly, a local government official, or an employee of goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the state or a local government under a contract or other means by which the person receives payment or other compensation from the state or local government, as applicable, for which the officer, member, official, or employee serves, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the officer, member, official, or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally. (3) The following are not gifts of substantial value or gifts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section: (a) Campaign contributions and contributions in kind reported as required by section 145-108, C.R.S.; (b) An unsolicited item of trivial value; (b.5) A gift with a fair market value of fifty-three dollars or less that is given to the public officer, member of the general assembly, local government official, or employee by a person other than a professional lobbyist. (c) An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution; Colorado Revised Statutes 2019 Page 240 of 2372 Uncertified Printout (c.5) Unsolicited informational material, publications, or subscriptions related to the performance of official duties on the part of the public officer, member of the general assembly, local government official, or employee; (d) Payment of or reimbursement for reasonable expenses paid by a nonprofit organization or state and local government in connection with attendance at a convention, factfinding mission or trip, or other meeting as permitted in accordance with the provisions of section 3 (3)(f) of article XXIX of the state constitution; (e) Payment of or reimbursement for admission to, and the cost of food or beverages consumed at, a reception, meal, or meeting that may be accepted or received in accordance with the provisions of section 3 (3)(e) of article XXIX of the state constitution; (f) A gift given by an individual who is a relative or personal friend of the public officer, member of the general assembly, local government official, or employee on a special occasion. (g) Payment for speeches, appearances, or publications that may be accepted or received by the public officer, member of the general assembly, local government official, or employee in accordance with the provisions of section 3 of article XXIX of the state constitution that are reported pursuant to section 24-6-203 (3)(d); (h) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office; (i) A component of the compensation paid or other incentive given to the public officer, member of the general assembly, local government official, or employee in the normal course of employment; and (j) Any other gift or thing of value a public officer, member of the general assembly, local government official, or employee is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, the acceptance of which is not otherwise prohibited by law. (4) The provisions of this section are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an incumbent in or elected candidate to public office from reporting an item described in subsection (3) of this section, if such reporting provisions apply. (5) The amount of the gift limit specified in paragraph (b.5) of subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX. Source: L. 88: Entire article added, p. 901, § 1, effective July 1. L. 92: (3)(g) and (3)(h) amended, p. 874, § 103, effective January 1, 1993. L. 94: (3) amended and (4) added, p. 1827, § 4, effective January 1, 1995. L. 2012: (2) amended, (SB 12-146), ch. 93, p. 306, § 1, effective April 12; (3) amended and (5) added, (HB 12-1070), ch. 167, p. 584, § 4, effective August 8. 24-18-105. Ethical principles for public officers, local government officials, and employees. (1) The principles in this section are intended as guides to conduct and do not constitute violations as such of the public trust of office or employment in state or local government. Colorado Revised Statutes 2019 Page 241 of 2372 Uncertified Printout (2) A public officer, a local government official, or an employee should not acquire or hold an interest in any business or undertaking which he has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by an agency over which he has substantive authority. (3) A public officer, a local government official, or an employee should not, within six months following the termination of his office or employment, obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant. (4) A public officer, a local government official, or an employee should not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when he has a substantial financial interest in a competing firm or undertaking. (5) Public officers, local government officials, and employees are discouraged from assisting or enabling members of their immediate family in obtaining employment, a gift of substantial value, or an economic benefit tantamount to a gift of substantial value from a person whom the officer, official, or employee is in a position to reward with official action or has rewarded with official action in the past. Source: L. 88: Entire article added, p. 902, § 1, effective July 1. L. 2012: (5) added, (SB 12-146), ch. 93, p. 307, § 2, effective April 12. 24-18-106. Rules of conduct for members of the general assembly. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the member of the general assembly committing the act has breached his fiduciary duty and the public trust. A member of the general assembly shall not accept a fee, a contingent fee, or any other compensation, except his official compensation provided by statute, for promoting or opposing the passage of legislation. (2) It shall not be a breach of fiduciary duty and the public trust for a member of the general assembly to: (a) Use state facilities or equipment to communicate or correspond with a member's constituents, family members, or business associates; (b) Accept or receive a benefit as an indirect consequence of transacting state business; or (c) Accept the payment of or reimbursement for actual and necessary expenses for travel, board, and lodging from any organization declared to be a joint governmental agency of this state under section 2-3-311 (2), C.R.S., if: (I) (A) The expenses are related to the member's attendance at a convention or meeting of the joint governmental agency at which the member is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the state of Colorado or for some other legitimate state purpose; (B) The travel, board, and lodging arrangements are appropriate for purposes of the member's attendance at the convention or meeting; (C) The duration of the member's stay is no longer than is reasonably necessary for the member to accomplish the purpose of his or her attendance at the convention or meeting; Colorado Revised Statutes 2019 Page 242 of 2372 Uncertified Printout (D) The member is not currently and will not subsequent to the convention or meeting be in a position to take any official action that will benefit the joint governmental agency; and (E) The attendance at conventions or meetings of the joint governmental agency has been approved by the executive committee of the legislative council or by the leadership of the house of the general assembly to which the member belongs; or (II) The general assembly pays regular monthly, annual, or other periodic dues to the joint governmental agency that are invoiced expressly to cover travel, board, and lodging expenses for the attendance of members at conventions or meetings of the joint governmental agency. (3) Notwithstanding any other provision of law, no member of the general assembly shall lobby, solicit lobbying business or contracts, or otherwise establish a lobbying business or practice respecting issues before the general assembly prior to the expiration of his or her term. Where the member tenders his or her resignation prior to the expiration of his or her term, the requirements of this subsection (3) shall apply up through the date of the member's resignation from office. Source: L. 88: Entire article added, p. 902, § 1, effective July 1. L. 2003: (3) added, p. 1230, § 1, effective July 1. L. 2010: (2) amended, (SB 10-099), ch. 184, p. 662, § 4, effective August 11. Cross references: For the legislative declaration in the 2010 act amending subsection (2), see section 1 of chapter 184, Session Laws of Colorado 2010. 24-18-107. Ethical principles for members of the general assembly. (1) The principles in this section are intended only as guides to a member of the general assembly in determining whether or not his conduct is ethical. (2) A member of the general assembly who has a personal or private interest in any measure or bill proposed or pending before the general assembly shall disclose the fact to the house of which he is a member and shall not vote thereon. In deciding whether or not he has such an interest, a member shall consider, among other things, the following: (a) Whether the interest impedes his independence of judgment; (b) The effect of his participation on public confidence in the integrity of the general assembly; and (c) Whether his participation is likely to have any significant effect on the disposition of the matter. (3) An interest situation does not arise from legislation affecting the entire membership of a class. (4) If a member of the general assembly elects to disclose the interest, he shall do so as provided in the rules of the house of representatives or the senate, but in no case shall failure to disclose constitute a breach of the public trust of legislative office. Source: L. 88: Entire article added, p. 902, § 1, effective July 1. Colorado Revised Statutes 2019 Page 243 of 2372 Uncertified Printout 24-18-108. Rules of conduct for public officers and state employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty. (2) A public officer or a state employee shall not: (a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties; (b) Assist any person for a fee or other compensation in obtaining any contract, claim, license, or other economic benefit from his agency; (c) Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any state agency; or (d) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent. (3) A head of a principal department or a member of a quasi-judicial or rule-making agency may perform an official act notwithstanding paragraph (d) of subsection (2) of this section if his participation is necessary to the administration of a statute and if he complies with the voluntary disclosure procedures under section 24-18-110. (4) Repealed. Source: L. 88: Entire article added, p. 903, § 1, effective July 1. L. 91: (4) repealed, p. 837, § 2, effective March 29. 24-18-108.5. Rules of conduct for members of boards and commissions. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty. (2) A member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses shall not perform an official act which may have a direct economic benefit on a business or other undertaking in which such member has a direct or substantial financial interest. Source: L. 91: Entire section added, p. 837, § 3, effective March 29. 24-18-109. Rules of conduct for local government officials and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. (2) A local government official or local government employee shall not: (a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects or supervises in the course of his official duties; (b) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or (c) Accept goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the local government for which the official or employee serves, under a contract or other means by which the person receives payment or other compensation from the local government, unless the totality of the circumstances attendant to the Colorado Revised Statutes 2019 Page 244 of 2372 Uncertified Printout acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the official or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally. (3) (a) A member of the governing body of a local government who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body and shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of the governing body in voting on the matter. (b) A member of the governing body of a local government may vote notwithstanding paragraph (a) of this subsection (3) if his participation is necessary to obtain a quorum or otherwise enable the body to act and if he complies with the voluntary disclosure procedures under section 24-18-110. (4) It shall not be a breach of fiduciary duty and the public trust for a local government official or local government employee to: (a) Use local government facilities or equipment to communicate or correspond with a member's constituents, family members, or business associates; or (b) Accept or receive a benefit as an indirect consequence of transacting local government business. (5) (a) Notwithstanding any other provision of this article 18, it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official who is a member of the governing body of a local government to serve on a board of directors of a nonprofit entity and, when serving on the governing body, to vote on matters that may pertain to or benefit the nonprofit entity. (b) (I) Except as provided in subsection (5)(b)(II) of this section, a local government official is not required to provide or file a disclosure or otherwise comply with the requirements of subsection (3) of this section unless the local government official has a financial interest in, or the local government official or an immediate family member receives services from, the nonprofit entity independent of the official's membership on the board of directors of the nonprofit entity. (II) A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity. Source: L. 88: Entire article added, p. 903, § 1, effective July 1. L. 2012: (2)(c) added, (SB 12-146), ch. 93, p. 307, § 3, effective April 12. L. 2017: (5) added, (HB 17-1293), ch. 291, p. 1610, § 1, effective August 9. 24-18-110. Voluntary disclosure. A member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses, a member of the general assembly, a public officer, a local government official, or an employee may, prior to acting in a manner which may impinge on his fiduciary duty and the public trust, disclose the nature of his private interest. Members of the general assembly shall make disclosure as provided in the rules of the house of representatives and the senate, and all others shall make the disclosure in writing to the secretary of state, listing the amount of his financial interest, if any, the purpose and duration of his services rendered, if any, Colorado Revised Statutes 2019 Page 245 of 2372 Uncertified Printout and the compensation received for the services or such other information as is necessary to describe his interest. If he then performs the official act involved, he shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction. Source: L. 88: Entire article added, p. 904, § 1, effective July 1. L. 91: Entire section amended, p. 838, § 4, effective March 29. 24-18-111. Powers of the secretary of state. (Repealed) Source: L. 88: Entire article added, p. 904, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1404), ch. 405, p. 2003, § 2, effective June 10. 24-18-112. Board of ethics for the executive branch - created - duties. (1) There is hereby created a board of ethics for the executive branch of state government in the office of the governor. The board shall consist of five members to be appointed by and serve at the pleasure of the governor. (2) The board of ethics for the executive branch shall: (a) Comment, when requested by the governor, on each proposed gubernatorial appointment, including the heads of the principal departments and the senior members of the governor's office based upon the provisions of this article; (b) Upon written request of the governor, review complaints of any violation of the provisions of this article by a member of the executive branch of state government; (c) Make written recommendations to the governor concerning his requests; and (d) Review appeals brought before the board of ethics pursuant to section 24-30-1003 (4). Source: L. 88: Entire article added, p. 905, § 1, effective July 1. L. 94: (2) amended, p. 1249, § 2, effective July 1. 24-18-113. Board of ethics for the general assembly - created - duties. (1) (a) There is hereby created a board of ethics for the general assembly. The board shall consist of four legislative members. One member shall be appointed by and serve at the pleasure of the majority leader of the house of representatives; one member shall be appointed by and serve at the pleasure of the majority leader of the senate; one member shall be appointed by and serve at the pleasure of the minority leader of the house of representatives; and one member shall be appointed by and serve at the pleasure of the minority leader of the senate. (b) The terms of the members appointed by the majority and minority leaders of the house of representatives and the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the majority and minority leaders of the house of representatives and the senate shall each appoint or reappoint members in the same manner as provided in paragraph (a) of this subsection (1). Thereafter, the terms of members appointed or reappointed by the majority and minority leaders Colorado Revised Statutes 2019 Page 246 of 2372 Uncertified Printout of the house of representatives and the senate shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the majority and minority leaders of the house of representatives and the senate shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the majority and minority leaders of the house of representatives and the senate shall continue in office until the member's successor is appointed. (c) The members of the board of ethics for the general assembly are entitled to receive compensation and reimbursement of expenses as provided in section 2-2-326, C.R.S. (2) The board of ethics for the general assembly shall, upon written request of a member of the general assembly, issue advisory opinions concerning issues relating to the requesting member's conduct and the provisions of this article. Source: L. 88: Entire article added, p. 905, § 1, effective July 1. L. 2007: (1) amended, p. 181, § 13, effective March 22. L. 2014: (1)(c) added, (SB 14-153), ch. 390, p. 1963, § 13, effective June 6. PART 2 PROSCRIBED ACTS RELATED TO CONTRACTS AND CLAIMS 24-18-201. Interests in contracts. (1) Members of the general assembly, public officers, local government officials, or employees shall not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of his employment, contract or be employed by an employer who contracts with a state agency or any local government involving matters with which he was directly involved during his employment. For purposes of this section, the term: (a) "Be interested in" does not include holding a minority interest in a corporation. (b) "Contract" does not include: (I) Contracts awarded to the lowest responsible bidder based on competitive bidding procedures; (II) Merchandise sold to the highest bidder at public auctions; (III) Investments or deposits in financial institutions which are in the business of loaning or receiving moneys; (IV) A contract with an interested party if, because of geographic restrictions, a local government could not otherwise reasonably afford itself of the subject of the contract. It shall be presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than ten percent of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period. (V) A contract with respect to which any member of the general assembly, public officer, local government official, or employee has disclosed a personal interest and has not voted thereon or with respect to which any member of the governing body of a local government has voted thereon in accordance with section 24-18-109 (3)(b) or 31-4-404 (3), C.R.S. Any such Colorado Revised Statutes 2019 Page 247 of 2372 Uncertified Printout disclosure shall be made: To the governing body, for local government officials and employees; in accordance with the rules of the house of representatives and the senate, for members of the general assembly; and to the secretary of state, for all others. Source: L. 88: Entire article added, p. 905, § 1, effective July 1. 24-18-202. Interest in sales or purchases. Public officers and local government officials shall not be purchasers at any sale or vendors at any purchase made by them in their official capacity. Source: L. 88: Entire article added, p. 906, § 1, effective July 1. 24-18-203. Voidable contracts. Every contract made in violation of any of the provisions of section 24-18-201 or 24-18-202 shall be voidable at the instance of any party to the contract except the officer interested therein. Source: L. 88: Entire article added, p. 906, § 1, effective July 1. 24-18-204. Dealings in warrants and other claims prohibited. State officers, county officers, city and county officers, city officers, and town officers, as well as all other local government officials, and their deputies and clerks, are prohibited from purchasing or selling or in any manner receiving to their own use or benefit or to the use or benefit of any person or persons whatever any state, county, city and county, city, or town warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state or any county, city and county, city, or town thereof except evidences of indebtedness issued to or held by them for services rendered as such officer, deputy, or clerk, and evidences of the funded indebtedness of such state, county, city and county, city, or town. Source: L. 88: Entire article added, p. 906, § 1, effective July 1. 24-18-205. Settlements to be withheld on affidavit. (1) Every officer charged with the disbursement of public moneys who is informed by affidavit establishing probable cause that any officer whose account is about to be settled, audited, or paid by him has violated any of the provisions of this part 2 shall suspend such settlement or payment and cause such officer to be prosecuted for such violation by the district attorney of the appropriate jurisdiction. (2) If there is judgment for the defendant upon such prosecution, the proper officer may proceed to settle, audit, or pay such account as if no such affidavit had been filed. Source: L. 88: Entire article added, p. 906, § 1, effective July 1. 24-18-206. Penalty. A person who knowingly commits an act proscribed in this part 2 commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. In addition to the penalties provided in section 18-1.3-501, C.R.S., the court may impose a fine of no more than twice the amount of the benefit the person obtained or was attempting to obtain in violating a provision of this part 2. Colorado Revised Statutes 2019 Page 248 of 2372 Uncertified Printout Source: L. 2009: Entire section added, (SB 09-035), ch. 109, p. 455, § 1, effective August 5. ARTICLE 18.5 Independent Ethics Commission 24-18.5-101. Independent ethics commission - establishment - membership subpoena power - definitions. (1) As used in this article, unless the context otherwise requires: (a) "Article XXIX" means article XXIX of the state constitution approved by the voters at the 2006 general election. (b) "Commission" means the independent ethics commission created in section 5 (1) of article XXIX. (2) (a) The independent ethics commission, originally established in the office of administrative courts in the department of personnel created in section 24-30-1001, is hereby transferred to and established in the judicial department as an independent agency, effective on June 10, 2010. The commission shall consist of five members. The appointing authorities for the commission members, the order of appointment of such members, and other requirements pertaining to commission membership shall be as specified in section 5 (2) of article XXIX. Subject to the requirements of paragraph (b) of this subsection (2), the member appointed by the senate pursuant to section 5 (2)(a)(I) of article XXIX shall be appointed by the president of the senate with the approval of two-thirds of the members elected to the senate. Subject to the requirements of paragraph (b) of this subsection (2), the member appointed by the house of representatives pursuant to section 5 (2)(a)(II) of article XXIX shall be appointed by the speaker of the house of representatives with the approval of two-thirds of the members elected to the house of representatives. (b) In connection with the appointment of commission members, no more than two members appointed to the commission shall be affiliated with the same political party. (c) The commission members shall be appointed to four-year terms; except that the first member appointed by the senate and the first member appointed by the governor shall initially serve two-year terms. Appointments to the commission by the senate and the house of representatives shall be made no later than May 1, 2007, and the initial terms of commission members shall commence July 1, 2007. (3) Commission members shall serve without compensation; except that commission members shall be reimbursed for the actual and necessary expenses that they incur in carrying out their duties and responsibilities as commission members. (4) In accordance with the provisions of section 5 of article XXIX, the powers and duties of the commission shall be as follows: (a) To hear complaints, issue findings, and assess penalties on ethics issues arising under article XXIX and other standards of conduct and reporting requirements as provided by law; and (b) (I) To issue advisory opinions and letter rulings on ethics issues arising under article XXIX and other standards of conduct and reporting requirements as provided by law. (II) The commission shall prepare a response to a request for an advisory opinion from a public officer, member of the general assembly, local government official, or government employee as to whether particular action by such officer, member, official, or employee satisfies Colorado Revised Statutes 2019 Page 249 of 2372 Uncertified Printout the requirements of article XXIX as soon as practicable after the request is made to the commission. (III) Any person who is not a public officer, member of the general assembly, local government official, or government employee may submit a request to the commission for a letter ruling concerning whether potential conduct of the person making the request satisfies the requirements of article XXIX. In such case, the commission shall issue a response to the request as soon as practicable. (IV) Each advisory opinion or letter ruling, as applicable, issued by the commission shall be a public document and shall be promptly posted on a website that shall be maintained by the commission; except that, in the case of a letter ruling, the commission shall redact the name of the person requesting the ruling or other identifying information before it is posted on the website. (5) (a) Subject to the provisions of paragraph (c) of this subsection (5), the commission shall dismiss as frivolous any complaint filed under article XXIX that fails to allege that a public officer, member of the general assembly, local government official, or government employee has accepted or received any gift or other thing of value for private gain or personal financial gain. (b) For purposes of this subsection (5): (I) "Official act" shall have the same meaning as set forth in section 24-18-102 (7). (II) "Private gain" or "personal financial gain" means any money, forbearance, forgiveness of indebtedness, gift, or other thing of value given or offered by a person seeking to influence an official act that is performed in the course and scope of the public duties of a public officer, member of the general assembly, local government official, or government employee. (c) This subsection (5) is repealed if the Colorado supreme court holds, in response to one or more written questions submitted by the general assembly pursuant to section 3 of article VI of the state constitution, that the standard of accepting or receiving "any gift or other thing of value for private gain or personal financial gain" specified in paragraph (a) of this subsection (5) is unconstitutional in applying section 3 (1) or (2) of article XXIX. (6) Pursuant to the provisions of section 5 (1) of article XXIX, the commission shall adopt reasonable rules as may be necessary for the purpose of administering and enforcing the provisions of article XXIX and any other standards of conduct and reporting requirements as provided by law. Any rules shall be promulgated in accordance with the requirements of article 4 of this title. (7) Subject to available appropriations, the commission may employ such staff as it deems necessary to enable it to carry out its functions in accordance with the requirements of this article and article XXIX. (8) No subpoena requiring the attendance of a witness or the production of documents shall be issued by the commission unless a motion to issue any such subpoena has been made by one member of the commission and approved by no fewer than four members of the commission. (9) Any final action of the commission concerning a complaint shall be subject to judicial review by the district court for the city and county of Denver. (10) Any state employee on the staff of the commission as of June 10, 2010, shall be transferred with the agency and shall become an employee of the agency. Colorado Revised Statutes 2019 Page 250 of 2372 Uncertified Printout Source: L. 2007: Entire article added, p. 650, § 1, effective April 26. L. 2010: (2)(a) and (4)(b)(II) amended and (10) added, (HB 10-1404), ch. 405, p. 2002, § 1, effective June 10. L. 2011: (2)(b) amended, (HB 11-1315), ch. 191, p. 737, § 1, effective May 19. ARTICLE 19 Payment of Postemployment Compensation to Government-supported Employees 24-19-101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The payment of compensation to government-supported officials or employees after such officials or employees have ended their employment creates unnecessary costs, which ultimately are borne by the taxpayers of this state. (b) In order to reduce government costs, it is necessary for the state to limit the payment of postemployment compensation to government-supported officials and employees. (c) The continued payment of compensation to any official or employee after such official or employee has ended his or her service with a governmental unit or governmentfinanced entity not only affects the finances of such governmental unit or government-financed entity, but also has a serious impact on the state as a whole because of the total effect of such compensation payment arrangements on the ability of state and local governments to provide services using the scarce resources that are available. Further, the general assembly finds and declares that the provision of large payments to government-supported officials and employees after their employment has ended has caused grave damage to the trust of the citizens of this state in their state and local government officials. Because of these concerns, the general assembly finds and declares that this is a matter of statewide concern. Source: L. 93: Entire article added, p. 662, § 1, effective July 1. 24-19-102. Definitions. For the purposes of this article, unless the context otherwise requires: (1) "Government-financed entity" means any organization, group, or other entity if: (a) Such entity is composed of members which are governmental units or who are officials or employees of governmental units; and (b) At least fifty percent of the annual operating budget for such entity is derived from dues, contributions, or other payments received from governmental units. (2) "Government-supported official or employee" means any person who is employed or who was employed by a governmental unit or by a government-financed entity and who is or was a manager, an official, or an administrator for such governmental unit or governmentfinanced entity. (3) (a) "Governmental unit" means the state of Colorado, any department, division, section, unit, office, commission, board, institution, institution of higher education, or other agency of the executive, legislative, or judicial branch of the state government, or any local government, authority, public corporation, body politic, or other instrumentality of the state. Colorado Revised Statutes 2019 Page 251 of 2372 Uncertified Printout (b) "Governmental unit" does not include the university of Colorado hospital authority created pursuant to section 23-21-503, C.R.S., or the Denver health and hospital authority created in section 25-29-103, C.R.S. (4) "Local government" means a county, municipality, city and county, or school district or a special district created pursuant to the "Special District Act", article 1 of title 32, C.R.S. (5) (a) "Postemployment compensation" means compensation paid to a governmentsupported official or employee after termination of such government-supported official or employee's employment from a particular employment position with a governmental unit or a government-financed entity or after termination of the performance of actual services for such governmental unit or government-financed entity in such employment position if such compensation was not earned prior to such termination or, for an official or employee who becomes employed in a new position with the governmental unit or government-financed entity after such termination, if such compensation was not earned in the new position. "Postemployment compensation" shall include, but is not limited to, the provision of any unearned postemployment employee benefits. "Postemployment compensation" does not include the following: (I) Any retirement benefits earned by a government-supported official or employee during the employment of such official or employee with a governmental unit or governmentfinanced entity; (II) Any payment made as a part of a bona fide early retirement program that is available to a class of five or more government-supported officials or employees; (III) Any payments of deferred compensation that have been earned by a governmentsupported official or employee during the employment of such official or employee with a governmental unit or government-financed entity; (IV) Any workers' compensation payment; or (V) Any unemployment compensation payment. (b) The term "postemployment compensation" includes any retirement benefits or any payments of deferred compensation to be paid into a retirement fund or deferred compensation plan after termination of performance of actual services for the particular employment position in the usual course of said employment. The prohibition of postemployment compensation is intended to eliminate any employment contract provision that binds the employer to make payments into a retirement fund or deferred compensation program after termination of performance of actual services in an employment position. Said prohibition is not intended to forbid the receipt of benefits or payments earned during actual performance of services if these benefits or payments are to be credited to or received by the employee after termination of actual performance of services for an employment position. (c) Unless otherwise excluded by the provisions of this article, the term "postemployment compensation" includes any payment made to a government-supported official or employee after the term of employment of such official or employee in a particular employment position has ended pursuant to a settlement agreement between a governmental unit or government-financed entity and the official or employee; except that such payment is not postemployment compensation if such payment is made as part of a bona fide settlement of a legitimate legal dispute. Colorado Revised Statutes 2019 Page 252 of 2372 Uncertified Printout Source: L. 93: Entire article added, p. 663, § 1, effective July 1. L. 96: (3)(a), IP(5)(a), and (5)(b) amended and (5)(c) added, p. 849, § 1, effective May 23. L. 2015: (3)(b) amended, (HB 15-1239), ch. 153, p. 460, § 1, effective August 5. 24-19-103. Prohibition against postemployment compensation - exception. (1) Except as provided in subsection (2) of this section, notwithstanding any other provision of law to the contrary, no governmental unit or government-financed entity shall pay postemployment compensation to any government-supported official or employee. (2) (a) At the option of the appointing authority for any government-supported official or employee, such official or employee may be provided postemployment compensation that consists of the payment of up to a maximum of three months of salary for such official or employee and the provision of up to a maximum of three months of employee benefits for such official or employee. No postemployment compensation shall be provided other than cash payments and the provision of employee benefits. Postemployment compensation may be approved and provided only if the government-supported official or employee who is to receive such compensation was employed by the governmental unit or government-financed entity for less than five years; except that postemployment compensation may be approved and provided for an official or employee of a state institution of higher education or of the Auraria higher education center, regardless of the length of employment. (b) Postemployment compensation may be provided to any government-supported official or employee only if the appointing authority for the official or employee takes positive action to approve such compensation. The provisions of this subsection (2) shall not be construed to authorize any employment contract term requiring the provision of postemployment compensation in violation of the provisions of section 24-19-104. Postemployment compensation payments shall be solely the option of the appointing authority for a governmentsupported official or employee and no official or employee shall be entitled to or have any right to receive any postemployment compensation. (3) Any employment contract, employment contract extension, or other agreement between a governmental unit or government-financed entity and a government-supported official or employee that is not substantially in compliance with this section is null and void. Any payment made to any person by a governmental unit or government-financed entity in violation of this section is illegal and the recipient of such payment shall return the payment to the governmental unit or government-financed entity. Source: L. 93: Entire article added, p. 664, § 1, effective July 1. L. 96: (3) added, p. 850, § 2, effective May 23. L. 2010: (2)(a) amended, (SB 10-003), ch. 391, p. 1852, § 30, effective June 9. Cross references: For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 391, Session Laws of Colorado 2010. 24-19-104. Terms of employment contracts - public inspection. (1) Except as expressly permitted pursuant to subsection (1.5) of this section, if any governmental unit or government-financed entity enters into an employment contract or employment contract Colorado Revised Statutes 2019 Page 253 of 2372 Uncertified Printout extension with a government-supported official or employee, such employment contract or employment contract extension shall contain terms that clearly state that: (a) Such employment contract is subject to termination by either party to such contract at any time during the term of such contract and that such official or employee shall be deemed to be an employee-at-will; (b) No compensation, whether as a buy-out of the remaining term of the contract, as liquidated damages, or as any other form of remuneration, shall be owed or paid to such government-supported official or employee upon or after the termination of such contract except for compensation that was earned prior to termination prorated to the date of termination; and (c) If the contract is not substantially in compliance with the prohibition against payment of postemployment compensation, the contract is null and void. (1.5) (a) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, each system of higher education and each campus of each state institution of higher education may have in effect employment contracts or employment contract extensions having a duration not more than five years with not more than six government-supported officials or employees if: (I) The governing board of the institution determines that the contract or extension is necessary for the hiring or retaining of the employee in light of prevailing market conditions and competitive employment practices in other states; (II) The contract contains a clause that the institution remains free to terminate the contract or extension without penalty if sufficient funds are not appropriated. (b) Nothing in this subsection (1.5) shall be construed to exempt any governmental unit or government-financed entity from the requirements of section 24-19-103. (c) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section or paragraph (a) of this subsection (1.5), each system of higher education and each campus of each state institution of higher education may have in effect an unlimited number of employment contracts or employment contract extensions having a duration of not more than five years with an unlimited number of government-supported officials or employees if the employment contracts or employment contract extensions are for research to be performed in university settings. A contract executed pursuant to this paragraph (c) shall include a provision that the contract shall become unenforceable if, during the term of the contract, the system of higher education or campus of a state institution of higher education that is a party to the contract: (I) Ceases to be an enterprise, as defined in section 20 (2)(d) of article X of the state constitution; and (II) Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms of the contract. (d) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section or paragraph (a) of this subsection (1.5), each system of higher education and each campus of each state institution of higher education may, subject to the approval of the chief executive officer of the system or institution and any rules or limitations established by the chief executive officer, have in effect an unlimited number of term employment contracts or term employment contract extensions having a duration of not more than three years with an unlimited number of government-supported officials or employees if the term employment contracts or term employment contract extensions are for half-time or longer, non-tenure-track classroom teaching appointments or librarian appointments. A person employed in a classroom teaching Colorado Revised Statutes 2019 Page 254 of 2372 Uncertified Printout appointment pursuant to a term employment contract or term employment contract extension described in this paragraph (d) may have duties in addition to classroom teaching, as described in the contract or contract extension. A term employment contract or term employment contract extension executed pursuant to this paragraph (d) at a minimum shall include a provision stating the contract or contract extension is unenforceable if, during the term of the contract or contract extension, the system of higher education or campus of a state institution of higher education that is a party to the contract: (I) Ceases to be an enterprise, as defined in section 20 (2)(d) of article X of the state constitution; and (II) Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms of the contract. (2) If any governmental unit or government-financed entity enters into an employment contract or employment contract extension with any government-supported official or employee on or after July 1, 1993, such governmental unit or government-financed entity shall make the terms of such contract available to the public for inspection and copying during regular business hours. (3) The provisions of this section shall not be interpreted to authorize the termination of any government-supported official or employee for any reason that is contrary to applicable federal, state, or local law. (4) (a) No governmental unit or government-financed entity shall enter into an employment contract with a government-supported official or employee or extend an existing employment contract with a government-supported official or employee if such employment contract or contract extension contains any provisions that are intended to evade the requirements of this article. Contractual provisions that are prohibited under the provisions of subsection (1) of this section include, but are not limited to, any provision that allows a government-supported official or employee to earn an unreasonably large portion of contractual compensation during the early stages of the term of employment of such government-supported official or employee. (b) The provisions of paragraph (a) of this subsection (4) shall not be interpreted to prohibit the reimbursement of any actual relocation expenses of government-supported officials or employees or the payment of reasonable incentives for accepting employment to governmentsupported officials or employees. Source: L. 93: Entire article added, p. 665, § 1, effective July 1. L. 96: (1)(a) and (1)(b) amended and (1)(c) added, pp. 850, 849, §§ 3, 1, effective May 23. L. 98: IP(1) amended and (1.5) added, p. 312, § 1, effective April 17. L. 2007: (1.5)(c) added, p. 65, § 1, effective March 15; (1.5)(c) amended, p. 1476, § 1, effective May 30. L. 2012: (1.5)(d) added, (HB 12-1144), ch. 99, p. 330, § 1, effective August 8. L. 2014: IP(1.5)(d) amended, (HB 14-1256), ch. 91, p. 340, § 1, effective March 27. 24-19-105. Settlement agreements - public inspection - filing with the department of personnel. (1) (a) Notwithstanding any other law to the contrary, if any settlement agreement between a governmental unit or government-financed entity and a government-supported official or employee settles any employment dispute between such parties and involves the payment of any compensation to such official or employee after the term of employment of such official or Colorado Revised Statutes 2019 Page 255 of 2372 Uncertified Printout employee in a particular employment position has ended, information regarding any amounts paid or benefits provided under such settlement agreement shall be a matter of public record. Any governmental unit or government-financed entity that is a party to such a settlement agreement shall make such information available for public inspection and copying during regular business hours. (b) If a state governmental unit enters into a settlement agreement to settle any employment dispute with a government-supported official or employee, the state governmental unit shall file a copy of the final settlement agreement with the department of personnel, which shall be a public record pursuant to the provisions of part 2 of article 72 of this title. (2) The provisions of subsection (1) of this section shall apply to: (a) Any settlement agreement entered into on or after July 1, 1993; and (b) Any settlement agreement entered into prior to July 1, 1993, if no other provision of law would prohibit public disclosure of the provisions of such settlement agreement. Source: L. 93: Entire article added, p. 666, § 1, effective July 1. L. 96: (1) amended, p. 851, § 4, effective May 23. 24-19-106. Existing employment contracts - contract extensions. The provisions of this article shall not apply to any employment contract which was in existence before July 1, 1993; except that the provisions of this article shall apply to any extension of an existing contract if such contract does not contain any term which would prohibit the application of the provisions of this article to such contract extension. Source: L. 93: Entire article added, p. 666, § 1, effective July 1. 24-19-107. Open records. If a governmental unit is required under the provisions of this article to make any employment contracts or any information regarding amounts paid or benefits provided under any settlement agreements available to the public, such employment contracts or information shall be deemed to be public records, as such term is defined in section 24-72-202 (6), and shall be subject to the provisions of part 2 of article 72 of this title. Source: L. 93: Entire article added, p. 666, § 1, effective July 1. 24-19-108. Exceptions - definition. (1) The provisions of this article 19 shall not apply to the following: (a) Any employee employed by the state government or any other governmental unit who is to hold his or her position of employment during efficient service or until reaching retirement age under an employment system denominated as civil service, classified service, or any similar employment system classification; (b) Any tenured or tenure track faculty member whose primary job assignment is teaching, research, or both teaching and research and who is employed at a state institution of higher education or any specialty track faculty member whose primary job assignment is clinical care and who is employed at a state institution of higher education; (c) Any employee employed by a unit of local government whose governing body is directly elected by the electors of such local government; Colorado Revised Statutes 2019 Page 256 of 2372 Uncertified Printout (d) Any certified employee who is separated from state service due to lack of work, lack of funds, or reorganization and who receives postemployment compensation or other benefits authorized by a layoff plan established by the state personnel director pursuant to section 24-50124 (1)(d)(I); or (e) Any employee employed at a state institution of higher education whose position is funded by revenues generated through auxiliary activities. For purposes of this subsection (1)(e), "auxiliary activities" means institutional activities managed and accounted for as self-supporting activities. Source: L. 93: Entire article added, p. 667, § 1, effective July 1. L. 95: (1)(b) amended, p. 57, § 7, effective March 20. L. 2012: (1)(b) and (1)(c) amended and (1)(d) added, (HB 121321), ch. 260, p. 1340, § 3, effective September 1. L. 2017: IP(1), (1)(c), and (1)(d) amended and (1)(e) added, (SB 17-041), ch. 52, p. 163, § 1, effective August 9. Cross references: In 2012, subsections (1)(b) and (1)(c) were amended and (1)(d) added by the "Modernization of the State Personnel System Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012. 24-19-109. Enforcement of article - civil suit. If any governmental unit or governmentfinanced entity makes any payment or enters into any agreement in violation of this article, the provisions of this article may be enforced through a civil suit filed in a court of competent jurisdiction. Source: L. 96: Entire section added, p. 851, § 5, effective May 23. ARTICLE 19.5 Alternative Forms of Payment to the State 24-19.5-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Alternative forms of payment" means forms of payment, including but not limited to credit, charge, or debit cards, other than cash or check. (2) "Collector state governmental entity" means any state governmental entity that collects moneys payable to the state that the state governmental entity must remit to one or more other state or local governmental entities. (3) "Moneys payable to the state" means moneys owed or paid to any state governmental entity other than bail bonds, judicial bonds, or other moneys that the state governmental entity must return to the payer upon the satisfaction of one or more specified conditions by the payer. (4) "Provider of alternative forms of payment" means a person or entity, including but not limited to an issuer of credit, charge, or debit cards, that provides its customers with the ability to use one or more alternative forms of payment. (5) "State governmental entity" means the state, any department, agency, or other entity of the state, any state-sponsored institution of higher education, or any authorized agent of any of the foregoing. Colorado Revised Statutes 2019 Page 257 of 2372 Uncertified Printout Source: L. 99: Entire article added, p. 426, § 1, effective August 4. 24-19.5-102. Acceptance of alternative forms of payment for the payment of moneys payable to the state - allocation of costs. (1) Any state governmental entity responsible for the collection of moneys payable to the state may accept one or more alternative forms of payment for the payment of such moneys in accordance with the provisions of this article. (2) A collector state governmental entity that chooses to accept one or more alternative forms of payment for the payment of moneys payable to the state that the collector state governmental entity must remit to one or more other governmental entities shall either: (a) Remit to such other governmental entities the gross amount of any payments made by alternative forms of payment that the collector state governmental entity is required to remit to such other governmental entities notwithstanding the deduction of any moneys from such gross amount by any provider of alternative forms of payment pursuant to a master agreement or other agreement authorized by this article; or (b) Enter into an intergovernmental agreement with each such other governmental entity regarding the allocation of the costs of accepting such alternative forms of payment. Source: L. 99: Entire article added, p. 427, § 1, effective August 4. 24-19.5-103. Limitations on convenience fees for the use of alternative forms of payment. (1) and (2) (Deleted by amendment, L. 2003, p. 1441, § 1, effective April 29, 2003.) (3) A state governmental entity may impose a convenience fee on persons who use alternative forms of payment, but the amount of any convenience fee imposed on or after April 29, 2003, shall not exceed the actual additional cost incurred by the state governmental agency to process the transaction by alternative form of payment. Any convenience fee on a transaction involving an alternative form of payment shall be imposed in accordance with the master agreement negotiated by the state treasurer and the rules of the alternative payment provider. Source: L. 99: Entire article added, p. 427, § 1, effective August 4. L. 2003: Entire section amended, p. 1441, § 1, effective April 29. 24-19.5-104. Master agreements - authority of state treasurer. (1) The state treasurer may negotiate and enter into one or more contractual master agreements with providers of alternative forms of payment in accordance with law. To ensure that state governmental entities accept alternative forms of payment in the most consumer-oriented, uniform, and cost-effective manner possible, any state governmental entity that wishes to accept one or more alternative forms of payment shall do so by joining in any master agreements entered into by the state treasurer with respect to such alternative forms of payment. However, the existence of a master agreement covering a particular alternative form of payment shall not require any state governmental entity to accept such alternative form of payment. (2) The state treasurer shall enter into no more than one master agreement covering any particular alternative form of payment. Any provider of alternative forms of payment that wishes to have one or more state governmental entities accept the alternative forms of payment that it provides shall be a party to any master agreements covering such alternative forms of payment Colorado Revised Statutes 2019 Page 258 of 2372 Uncertified Printout and shall be subject to the same terms and conditions as all other providers of alternative forms of payment that are parties to such agreements. However, this subsection (2) shall not require the state treasurer to include any particular provider of alternative forms of payment as a party to any master agreement. (3) Notwithstanding the provisions of subsection (1) of this section, the following state governmental entities may accept alternative forms of payment without joining a master agreement entered into by the state treasurer: (a) Judicial or legislative state governmental entities that are not part of the executive branch of state government; and (b) State governmental entities that, on or before August 4, 1999, were accepting one or more alternative forms of payment for the payment of moneys payable to the state and had one or more contracts with one or more providers of alternative forms of payment that enabled the state governmental entity to accept such alternative forms of payment. (4) No later than sixty days following the end of any given fiscal year, the state treasurer shall report to the joint budget committee the total amount of: (a) Gross payments payable to the state that were made to state governmental entities by alternative forms of payment pursuant to master agreements during such fiscal year; and (b) Net revenues remitted to state governmental entities by providers of alternative forms of payment pursuant to master agreements during such fiscal year. (5) The state treasurer may promulgate rules governing master agreements, including but not limited to rules governing the negotiation and administration of such agreements. The state treasurer shall promulgate such rules in accordance with article 4 of this title. Source: L. 99: Entire article added, p. 427, § 1, effective August 4. 24-19.5-105. Provider of alternative forms of payment required to make payment. Any provider of alternative forms of payment that approves a transaction made by an alternative form of payment for the payment of moneys to a state governmental entity shall remit to the state governmental entity the net revenue of the approved transaction due to the state governmental entity. Source: L. 99: Entire article added, p. 429, § 1, effective August 4. ARTICLE 19.7 Recovery of Federal Reimbursement for Costs Associated with Illegal Immigration Law reviews: For article, "2006 Immigration Legislation in Colorado", see 35 Colo. Law. 79 (Oct. 2006). 24-19.7-101. Legislative declaration. (1) The general assembly finds that: (a) The costs incurred by Colorado in addressing illegal immigration have increased in the last three years and are placing a burden on the state's budgetary and human resources; Colorado Revised Statutes 2019 Page 259 of 2372 Uncertified Printout (b) The areas in which these costs have dramatically increased include, but are not limited to, identifying illegal immigrants, processing illegal immigrants through the criminal justice system, incarcerating illegal immigrants, and providing education, medical assistance, health care, and foster care for illegal immigrants; (c) At the same time, federal funding to assist states in dealing with illegal immigration has decreased, yet the federal government is asking state governments to do even more with their own funds to enforce federal immigration laws and preserve homeland security, which are essentially federal responsibilities; and (d) The federal government is in arrears on its obligation to reimburse states for costs incurred by the states in dealing with illegal immigration. (2) The general assembly, therefore, determines that it is necessary for the state of Colorado to protect its interests and seek the recovery of reimbursement available under federal law for the costs incurred by this state in dealing with illegal immigration. Source: L. 2006, 1st Ex. Sess.: Entire article added, p. 32, § 1, effective July 31. 24-19.7-102. Illegal immigration - recovery of state's costs - attorney general to pursue remedies. (1) On and after July 31, 2006, the attorney general, on behalf of the state of Colorado, shall pursue all available remedies to recover any moneys owing from the federal government to the state for the reimbursement of costs incurred by the state in dealing with illegal immigration. (2) On or before December 31, 2006, and on or before December 31, 2007, the attorney general shall file a written report with the governor, the president of the senate, the speaker of the house of representatives, and the chair of the joint budget committee that details the progress and status of the attorney general's pursuit of remedies. Source: L. 2006, 1st Ex. Sess.: Entire article added, p. 33, § 1, effective July 31. ARTICLE 19.8 Directive to the Attorney General to Demand Federal Enforcement of Existing Federal Immigration Laws Editor's note: This article was enacted by House Bill 06S-1022. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 7, 2006. This article was effective upon proclamation of the governor, December 31, 2007. The vote count for the measure was as follows: FOR: 830,628 AGAINST: 660,012 Law reviews: For article, "2006 Immigration Legislation in Colorado", see 35 Colo. Law. 79 (Oct. 2006). 24-19.8-101. Legislative declaration. The general assembly hereby finds and declares that the failure to enforce immigration laws at the federal level places an undue burden on state Colorado Revised Statutes 2019 Page 260 of 2372 Uncertified Printout government resources and that there is a limitation on what can be done at the state level to enforce the federal laws and to implement laws at the state level. The general assembly further finds that the state of Colorado spends a disproportionate share of its limited tax revenue on public services and benefits such as health care, law enforcement, criminal defense and incarceration, and education that are provided to illegal aliens as a result of the federal government's failure to enforce immigration laws. Therefore, the Colorado state attorney general shall initiate or join other states in a lawsuit against the United States attorney general to demand the enforcement of all existing federal immigration laws by the federal government. Source: L. Referred 2006: Entire article added, L. 2006, 1st Ex. Sess., p. 4, § 1, effective December 31. ARTICLE 19.9 Restrictions on Travel-related Expenditures by Public Entities 24-19.9-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Covered person" means a member of the board of directors or comparable governing body, officer, or employee of a public entity. (2) "Institution of higher education" means a state university or college, community college, local district college, or area technical college described in title 23, C.R.S. (3) "Public entity" means any instrumentality of the state that is not an agency of the state and that is not subject to administrative direction by any department, commission, bureau, or agency of the state and includes any service authority, law enforcement authority, special purpose authority, or institution of higher education. "Public entity" shall not include any county, municipality, school district, or any special district formed pursuant to title 32, C.R.S. (4) "Special purpose authority" shall have the same meaning as set forth in section 2477-102 (15). (5) "Travel-related expenditures" means expenditures made by a public entity to cover expenses incurred by a covered person for lodging, meals, and incidental expenses in connection with travel undertaken by the covered person for business-related purposes. Source: L. 2011: Entire article added, (HB 11-1211), ch. 214, p. 938, § 1, effective July 1. L. 2016: (2) amended, (HB 16-1082), ch. 58, p. 151, § 38, effective August 10. 24-19.9-102. Restrictions on travel-related expenditures - covered persons mandatory reimbursement of excess - exemptions. (1) (a) In the absence of extenuating circumstances, no public entity may make travel-related expenditures on behalf of any covered person in an amount that would exceed, on a daily basis, two times the maximum allowable federal per diem rate that governs the location in which the person is traveling, rounded up to the nearest whole dollar, as determined by the United States general services administration, as of October 1 of the calendar year immediately preceding the fiscal year in which the per diem rate is to be used. (b) Notwithstanding any other provision of this section, the public entity may make: Colorado Revised Statutes 2019 Page 261 of 2372 Uncertified Printout (I) Lodging expenditures that are above two times the federal per diem rate for travelrelated expenditures in connection with an educational conference where an entity other than the public entity is hosting the conference and the person or entity organizing the conference selected the conference hotel or hotels; or (II) Travel expenditures that are directly related to a program or a business purpose of a state institution of higher education or a state hospital authority. (c) In the circumstances described in subparagraph (I) or (II) of paragraph (b) of this subsection (1), the public entity shall make available for review by its governing body or for public inspection, upon the provision of reasonable notice, itemization of any expenditures satisfying such exceptions to the requirements of this section. (d) Notwithstanding any other provision of this article, "travel-related expenditures" shall not include the actual costs of travel undertaken by the covered person for business-related purposes including, without limitation, airline fares, taxicab fares, automobile rentals, or reimbursement for automobile mileage expenses. (2) If the public entity makes travel-related expenditures on behalf of a covered person in excess of the amount authorized by subsection (1) of this section, the covered person shall reimburse the fund of the public entity from which such moneys were diverted for the entire sum in excess of such authorized amount. (3) A public entity shall make no travel-related expenditures on behalf of the spouse or a member of the immediate family of a covered person. In the event a public entity makes travelrelated expenditures on behalf of the spouse or a member of the immediate family of a covered person, the covered person shall reimburse the fund of the public entity from which such moneys were diverted for the entire sum spent by the entity on such expenditures. Source: L. 2011: Entire article added, (HB 11-1211), ch. 214, p. 939, § 1, effective July 1. 24-19.9-103. Enforcement - complaint procedure - sanctions. (1) Any person who believes that a violation of section 24-19.9-102 has occurred may file a written complaint with the secretary of state within one hundred eighty days of the date of the alleged violation. The secretary of state shall refer the complaint to an administrative law judge within three days of the filing of the complaint. The administrative law judge shall hold a hearing within fifteen days of the referral of the complaint and shall render a decision within fifteen days of the hearing. The defendant shall be granted an extension of up to thirty days upon the defendant's motion or longer upon a showing of good cause. If the administrative law judge determines that such violation has occurred, such decision shall include any appropriate order, sanction, or relief, including: (a) An order directing the covered person, or the spouse or a member of the immediate family of a covered person, as applicable, on whose behalf travel-related expenditures were made by the public entity in violation of section 24-19.9-102, to reimburse the fund of the public entity from which such moneys were diverted for some or all of the expenditures in accordance with the requirements of section 24-19.9-102; (b) Injunctive relief; or (c) A restraining order to enjoin the continuance of the violation. Colorado Revised Statutes 2019 Page 262 of 2372 Uncertified Printout (2) The decision of the administrative law judge shall be final and subject to review by the court of appeals, pursuant to section 24-4-106 (11). The secretary of state and the administrative law judge are not necessary parties to the review. The decision may be enforced by the secretary of state or, if the secretary of state does not file an enforcement action within thirty days of the decision, in a private cause of action by the person filing the complaint. Any private action brought under this section shall be brought within one year of the date of the violation in state district court. The prevailing party in a private enforcement action shall be entitled to reasonable attorney fees and costs. Source: L. 2011: Entire article added, (HB 11-1211), ch. 214, p. 940, § 1, effective July 1. STATE OFFICERS ARTICLE 20 Governor PART 1 GOVERNOR Cross references: For the election of the governor and his term of office, see § 1 of art. IV, Colo. Const., and § 1-4-204; for provisions concerning the governor-elect, see article 8 of this title; for the compensation of the governor and president of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives while acting as governor, see § 24-9-101; for discretionary funds of the governor, see § 24-9-105; for the creation of the office of state planning and budgeting in the office of the governor, see § 24-37-102; for the authority of the governor to set aside bids for public printing, see § 24-70-216. 24-20-101. Office at seat of government - secretary. The governor shall keep his office at the seat of government, in which shall be transacted the business of the executive; and he shall keep a secretary at said office during his absence. Source: G.L. § 1089. G.S. § 1322. R.S. 08: § 6146. C.L. § 44. CSA: C. 156, § 1. CRS 53: § 132-1-1. C.R.S. 1963: § 132-1-1. 24-20-102. Journal to be kept - contents. The governor shall cause a journal to be kept in the executive office, in which shall be made an entry of every official act done by him, at the time when done. If, in case of an emergency, acts are done elsewhere than in such office, an entry thereof shall be made in the journal as soon thereafter as possible. Source: G.L. § 1090. G.S. § 1323. R.S. 08: § 6147. C.L. § 45. CSA: C. 156, § 2. CRS 53: § 132-1-2. C.R.S. 1963: § 132-1-2. Colorado Revised Statutes 2019 Page 263 of 2372 Uncertified Printout 24-20-103. Keep military record - entries. The governor shall cause a military record to be kept, in which shall be made an entry of every act done by him as commander in chief of the militia. Source: G.L. § 1091. G.S. § 1324. R.S. 08: § 6148. C.L. § 46. CSA: C. 156, § 3. CRS 53: § 132-1-3. C.R.S. 1963: § 132-1-3. 24-20-104. Publication policy - reports to general assembly. (1) Repealed. (2) The governor shall review all reports on the operations of all agencies in the executive branch submitted by the heads of the principal departments in accordance with the provisions of section 24-1-136. Upon approval, the governor shall make available to each member of the general assembly, at the opening of each regular session, a copy of each such report, accounting to the general assembly for the efficient discharge of all responsibilities assigned by law or directive to the executive branch of state government. The governor shall notify, in the most cost-effective manner available, each member of the general assembly of the availability of the reports and offering to provide each member with a copy of the reports. Source: G.L. § 1095. G.S. § 1328. R.S. 08: § 6152. C.L. § 47. CSA: C. 156, § 4. CRS 53: § 132-1-4. C.R.S. 1963: § 132-1-4. L. 64: p. 114, § 5. L. 83: (2) amended and (1) repealed, pp. 834, 846, §§ 38, 86, effective July 1. L. 99: (2) amended, p. 686, § 5, effective August 4. 24-20-105. Lieutenant governor - governor - succession to office. Succession to the office of the lieutenant governor and to the office of the governor shall be as provided for in section 13 of article IV of the state constitution. Source: G.L. § 1096. G.S. § 1329. R.S. 08: § 6153. C.L. § 51. CSA: C. 156, § 8. CRS 53: § 132-1-5. C.R.S. 1963: § 132-1-5. L. 69: p. 1109, § 1. L. 78: Entire section amended, p. 266, § 67, effective May 23. 24-20-106. Governor may employ counsel. Whenever the governor is satisfied that an action or proceeding has been commenced which may affect the rights or interests of the state, with the consent of the attorney general, he may employ counsel to assist the proper officer to protect such rights or interests; and when any civil action or proceeding has been or is about to be commenced by the proper officer in behalf of the state, the governor may employ additional counsel to assist in the cause. Source: G.L. § 1093. G.S. § 1326. R.S. 08: § 6150. C.L. § 48. CSA: C. 156, § 5. CRS 53: § 132-1-6. C.R.S. 1963: § 132-1-6. Cross references: For the duty of the attorney general to prosecute and defend suits upon request of the governor, see § 24-31-101. 24-20-107. Expenses allowed on certificate of governor. Expenses incurred under section 24-20-106 and in causing the laws to be executed may be allowed by the governor and Colorado Revised Statutes 2019 Page 264 of 2372 Uncertified Printout upon his certificate shall be audited and paid from any money in the treasury not otherwise appropriated. Source: G.L. § 1094. G.S. § 1327. R.S. 08: § 6151. C.L. § 49. CSA: C. 156, § 6. CRS 53: § 132-1-7. C.R.S. 1963: § 132-1-7. 24-20-108. Action by governor - emergency proclamation. Upon recommendation of the coordinator of environmental problems, the governor may, after thorough investigation and evaluation of the situation, take such action as may be necessary to prevent or minimize any significant risk of serious danger to the public health arising from any activity, condition, or the use of any material. In such event, the governor may issue an emergency proclamation and may order a moratorium or prohibition which may restrict, limit, or control such activity, condition, or use; but no such order shall be effective for an initial period of longer than fifteen days, and the effective period of such order shall not be extended for more than fifteen days beyond the initial period. Source: L. 70: p. 361, § 1. C.R.S. 1963: § 132-1-10. 24-20-109. Right of senate to reconfirm new governor's appointment of reappointed executive director. When the executive director of a principal department of state government is appointed by the governor with the consent of the senate to serve at the pleasure of the governor, he shall be subject to reconfirmation of the senate if, after initial election of a new governor, he is reappointed to the same position by such new governor. Source: L. 86: Entire section added, p. 884, § 1, effective May 23. Cross references: For the general provision on appointment of executive directors by the governor, see § 24-1-108. 24-20-110. Transfer of employees to office of innovation and technology. On July 1, 1999, certain employees of the Colorado advanced technology institute prior to said date shall be transferred to and become employees of the office of technology and innovation created in the office of the governor. Any such employees who are classified employees in the state personnel system at the time of the transfer shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations. The transfer of employees pursuant to this section shall be made in accordance with the provisions of section 12 of House Bill 99-1359, enacted at the first regular session of the sixty-second general assembly. Source: L. 99: Entire section added, p. 885, § 11, effective July 1. Colorado Revised Statutes 2019 Page 265 of 2372 Uncertified Printout 24-20-111. Climate change position created - duties - report. (1) (a) There shall be a position created by the governor within the executive branch, which position must include the term "climate change" in its title, to assess climate change issues in the state. (b) The organizational location of the position created under paragraph (a) of this subsection (1) of this section shall be at the discretion of the governor and may utilize existing resources as appropriate. In order to reduce the costs associated with creating the climate change position, nothing in this section precludes the person named to the position established under paragraph (a) of this subsection (1) of this section from holding other titles or performing other functions within any department or office of the executive branch. (2) The duties of the position created pursuant to subsection (1) of this section include, at a minimum: (a) Development and periodic update of a climate action plan or similar document that sets forth a strategy, including specific policy recommendations, that the state could use to address climate change and reduce its greenhouse gas emissions; and (b) Collaboration with other entities regarding climate change preparedness studies. (3) (a) The governor or his or her designee shall submit an annual report to the house agriculture, livestock, and natural resources committee, the house transportation and energy committee, and the senate agriculture, natural resources, and energy committee, or any successor committees, on climate change issues generally, the current climate action plan developed under this section, and the specific ways in which climate change affects the state. The report may address, as appropriate, the correlations between climate change and wildfires, bark beetle infestation, snowpack, water storage, drought, and statewide emissions of greenhouse gases. The report shall include information regarding efforts to reduce emissions of gases and to reform practices known to exacerbate climate change effects. The report shall also include additional prospective proposals to prepare the state for the effects of climate change and proposals to further reduce the factors that contribute to climate change within Colorado. (b) The development of a climate action plan in accordance with this section must take into account previous action plans developed by the state and goals and directives contained in executive orders issued by the governor. (c) The report required by this subsection (3) is exempt from the automatic expiration described in section 24-1-136 (11). Source: L. 2013: Entire section added, (HB 13-1293), ch. 312, p. 1642, § 2, effective May 28. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 312, Session Laws of Colorado 2013. 24-20-112. Implementation of section 16 of article XVIII of the Colorado constitution - criteria for pesticide use - education oversight and materials - rules. (1) [Editor's note: This version of subsection (1) is effective until January 1, 2020.] The governor shall designate a state agency to promulgate rules to designate criteria that identify pesticides that may be used in the cultivation of marijuana as authorized pursuant to article 12 of title 44. The designated agency may consult with other state agencies in promulgating the rules. The agency shall publish a list of pesticides that meet the criteria on its website. Colorado Revised Statutes 2019 Page 266 of 2372 Uncertified Printout (1) [Editor's note: This version of subsection (1) is effective January 1, 2020.] The governor shall designate a state agency to promulgate rules to designate criteria that identify pesticides that may be used in the cultivation of marijuana as authorized pursuant to article 10 of title 44. The designated agency may consult with other state agencies in promulgating the rules. The agency shall publish a list of pesticides that meet the criteria on its website. (2) [Editor's note: This version of subsection (2) is effective until January 1, 2020.] The governor shall designate a state agency to work with a private advisory group to develop good cultivation and handling practices for the marijuana industry. The designated agency is encouraged to assist in the formation of a private advisory group. If a private advisory group develops good cultivation and handling practices, an entity licensed pursuant to article 12 of title 44 that follows those practices may include a statement of compliance on its label after receiving certification of compliance. The designated agency may consult with other state agencies to receive technical assistance. (2) [Editor's note: This version of subsection (2) is effective January 1, 2020.] The governor shall designate a state agency to work with a private advisory group to develop good cultivation and handling practices for the marijuana industry. The designated agency is encouraged to assist in the formation of a private advisory group. If a private advisory group develops good cultivation and handling practices, an entity licensed pursuant to article 10 of title 44 that follows those practices may include a statement of compliance on its label after receiving certification of compliance. The designated agency may consult with other state agencies to receive technical assistance. (3) The governor shall designate a state agency to work with a private advisory group to develop good laboratory practices for the retail marijuana industry. The designated agency is strongly encouraged to assist in the formation of a private advisory group. The designated agency may consult with other state agencies to receive technical assistance. (4) The governor shall designate a state agency that must establish an educational oversight committee composed of members with relevant experience in marijuana issues. The committee shall develop and implement recommendations for education of all necessary stakeholders on issues related to marijuana use, cultivation, and any other relevant issues. The committee shall encourage professions to include marijuana education, if appropriate, as a part of continuing education programs. (5) The governor shall designate a state agency that shall establish educational materials regarding appropriate retail marijuana use and prevention of marijuana use by those under twenty-one years of age. In establishing educational materials, to the greatest extent possible, the state agency shall utilize established best practices and existing federal and state resources. Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1891, § 7, effective May 28. L. 2016: (1) amended, (SB 16-015), ch. 10, p. 23, § 1, effective August 10. L. 2018: (1) and (2) amended, (HB 18-1023), ch. 55, p. 588, § 15, effective October 1. L. 2019: (1) and (2) amended, (SB 19-224), ch. 315, p. 2938, § 20, effective January 1, 2020. 24-20-113. Governor to provide technical assistance in federal land issues. (1) (a) The governor, in cooperation with the executive director of the department of natural resources, the commissioner of agriculture, and the executive director of the department of local affairs, Colorado Revised Statutes 2019 Page 267 of 2372 Uncertified Printout shall make available to interested local governments technical support to aid local governments in: (I) Entering into cooperating agency relationships with federal agencies; (II) Sharing information and expertise with federal land managers; (III) Developing local land use plans within the meaning of part 1 of article 28 of title 30 and article 23 of title 31, C.R.S.; (IV) Hiring consultants to perform analyses of local government interests; (V) Entering into memoranda of understanding with federal land management agencies; or (VI) Implementing similar methods to improve coordination, cooperation, and collaboration in federal land management decision-making. (b) The governor may establish an advisory committee to provide technical assistance as described in paragraph (a) of this subsection (1) for one or more federal land management decision-making processes if the governor determines that the advisory committee would provide effective and efficient technical support for collaborative engagement. (2) The governor, in cooperation with the executive director of the department of natural resources, the commissioner of agriculture, and the executive director of the department of local affairs, shall notify local governments of the availability of technical assistance as described in subsection (1) of this section. Source: L. 2015: Entire section added, (HB 15-1225), ch. 187, p. 621, § 2, effective May 13. Cross references: For the legislative declaration in HB 15-1225, see section 1 of chapter 187, Session Laws of Colorado 2015. 24-20-114. Director of water project permitting - water permitting coordination fund - repeal. (Repealed) Source: L. 2016: Entire section added, (SB 16-200), ch. 251, p. 1027, § 1, effective August 10. Editor's note: Subsection (5) provided for the repeal of this section, effective September 1, 2019. (See L. 2016, p. 1027.) PART 2 INSURRECTION - FIREARMS PROHIBITED 24-20-201. Insurrection - firearms prohibited. (Repealed) Source: L. 14: p. 4, § 1. C.L. § 5495. CSA: C. 68, § 6. CRS 53: § 53-4-1. C.R.S. 1963: § 53-4-1. L. 2003: Entire section repealed, p. 2176, § 2, effective June 3. 24-20-202. Permit to bear arms. (Repealed) Colorado Revised Statutes 2019 Page 268 of 2372 Uncertified Printout Source: L. 14: p. 4, § 2. C.L. § 5496. CSA: C. 68, § 7. CRS 53: § 53-4-2. C.R.S. 1963: § 53-4-2. L. 2003: Entire section repealed, p. 2177, § 3, effective June 3. 24-20-203. Constitutional rights preserved. Nothing in this part 2 shall be construed so as to call in question the right of any person to keep and bear arms in the defense of his home, person, or property or in aid of the civil power when thereto legally summoned. Source: L. 14: p. 5, § 3. C.L. § 5497. CSA: C. 68, § 8. CRS 53: § 53-4-3. C.R.S. 1963: § 53-4-3. 24-20-204. Violation - penalty. (Repealed) Source: L. 14: p. 5, § 4. C.L. § 5498. CSA: C. 68, § 9. CRS 53: § 53-4-4. C.R.S. 1963: § 53-4-4. L. 2003: Entire section repealed, p. 2177, § 4, effective June 3. PART 3 AN EMERGENCY CAUSED BY OR RELATED TO THE USE OF ENERGY 24-20-301 to 24-20-310. (Repealed) Source: L. 81: Entire part repealed, p. 1161, § 1, effective February 1, 1982. Editor's note: This part 3 was added in 1979. For amendments to this part 3 prior to its repeal in 1982, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. PART 4 OFFICE OF ENERGY CONSERVATION 24-20-401 to 24-20-409. (Repealed) Editor's note: (1) This part 4 was added in 1980 and was not amended prior to its repeal in 1981. For the text of this part 4 prior to 1981, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 24-20-409 provided for the repeal of this part 4, effective July 1, 1981. (See L. 80, p. 590.) PART 5 GOVERNOR'S COMMISSION ON COMMUNITY SERVICE Colorado Revised Statutes 2019 Page 269 of 2372 Uncertified Printout Cross references: For the legislative declaration in HB 18-1324, see section 1 of chapter 188, Session Laws of Colorado 2018. 24-20-501. Governor's commission on community service - creation - definition. The governor's commission on community service, referred to in this part 5 as the "commission", is created in the office of the lieutenant governor. Source: L. 2018: Entire part added, (HB 18-1324), ch. 188, p. 1264, § 2, effective August 8. 24-20-502. Membership and organization - definition. (1) The commission consists of at least fifteen, but not more than twenty, voting members as follows: (a) The commissioner of education or the commissioner's designee; and (b) At least fourteen, but not more than nineteen, members appointed by the governor as follows: (I) A representative of a community-based agency or organization in the state; (II) A representative of local government; (III) A representative of local labor organizations; (IV) An individual between the ages of sixteen and twenty-five, inclusive, who is a participant or supervisor of a service program for school-age youth or of a campus-based or national service program; (V) A representative of a national service program; (VI) A representative of business; (VII) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth; (VIII) An individual with experience in promoting the involvement of adults age fiftyfive and older in service and volunteerism; and (IX) At least six, but not more than ten, individuals who have knowledge in the fields of community service, volunteerism, literacy, mentoring, or other subject areas as necessary for the needs of the commission's programs. (c) A representative of the corporation for national and community service, referred to in this part 5 as the "corporation", shall be an ex officio nonvoting member of the commission. The governor may appoint additional ex officio nonvoting members in accordance with 42 U.S.C. sec. 12582. (3) Not more than fifty percent of the voting members of the commission, plus one additional member, may be affiliated with the same political party. (4) (a) In making appointments, the governor shall ensure, to the maximum extent possible, that the membership of the commission is diverse. (b) The governor shall make initial appointments to the commission no later than September 1, 2018. Appointed members serve terms of three years; except that: (I) The initial terms of the members appointed pursuant to subsections (1)(b)(III) to (1)(b)(V) of this section and of two of the members appointed pursuant to subsection (1)(b)(IX) of this section shall expire on August 31, 2019; and Colorado Revised Statutes 2019 Page 270 of 2372 Uncertified Printout (II) The initial terms of the members appointed pursuant to subsections (1)(b)(I) and (1)(b)(II) of this section and two of the members appointed pursuant to subsection (1)(b)(IX) of this section shall expire on August 31, 2020. (c) The governor may reappoint a member for one additional consecutive term. In the event of a vacancy in an appointed position, the governor shall appoint a member to fill the position for the remainder of the term. (5) The voting members of the commission shall annually elect one of the voting members to serve as chair for a term of one year. (6) Members serve without compensation; except that members are entitled to reimbursement for actual and necessary travel expenses incurred in the performance of their duties. (7) On or before January 1, 2020, and on or before January 1 of each year thereafter, the commission shall submit a report to the governor summarizing the activities of the commission during the preceding year. Source: L. 2018: Entire part added, (HB 18-1324), ch. 188, p. 1264, § 2, effective August 8. 24-20-503. Powers and duties. (1) The commission shall meet at least six times per year and may meet more frequently at the discretion of the commission. (2) Commission members shall abide by all federal and state regulations relating to the establishment of the commission. The commission may adopt bylaws and policies as necessary to fulfill the purposes of this part 5. (3) In accordance with 42 U.S.C. sec. 12638, the primary duties, responsibilities, and functions of the commission include: (a) Recommending to the governor a three-year comprehensive national and community service plan for the state that is developed through an open and public process, is updated annually, and ensures outreach to diverse community-based agencies that serve underrepresented populations; (b) Administering a competitive process in compliance with federal regulations to select service programs to be included in the applications to the corporation; (c) Assisting in the development of service grant programs; (d) Preparing for the governor an application to the corporation to receive funding and educational awards for programs selected pursuant to 42 U.S.C. sec. 12582; (e) Administering, overseeing, and monitoring the performance and progress of funded programs, including working with the governor and the corporation to implement comprehensive, nonduplicative evaluation and monitoring systems; (f) Providing technical assistance to local nonprofit organizations and other entities in planning programs, applying for funds, and implementing high-quality programs; (g) Developing mechanisms for recruitment and placement of people interested in participating in service programs; (h) Assisting the department of education in preparing the application to the corporation for programs described in 42 U.S.C. sec. 12525; (i) Assisting in the provision of health care and childcare benefits under 42 U.S.C. sec. 12594 to participants in service programs that receive assistance under 42 U.S.C. sec. 12571; Colorado Revised Statutes 2019 Page 271 of 2372 Uncertified Printout (j) Coordinating commission activities with other state agencies that administer federal financial assistance programs under the federal "Community Service Block Grant Act", 42 U.S.C. sec. 9901, et seq.; (k) Coordinating the commission's efforts with the priorities and initiatives of the governor's office through continued discussion and consideration of the governor's recommendations; (l) Preparing the application of the state under 42 U.S.C. sec. 12582 for the approval of service positions that include the national service education award; (m) Making recommendations to the corporation with respect to priorities for programs receiving assistance under the federal "Domestic Volunteer Service Act of 1973", 42 U.S.C. sec. 4950, et seq.; (n) Developing projects, training methods, curriculum materials, and other materials and activities related to national service programs that receive assistance directly from the corporation or from the state using assistance provided under 42 U.S.C. sec. 12571 for use by programs that request such projects, methods, materials, and activities; and (o) Conducting such other state programs as are consistent with or authorized by the corporation. (4) To accomplish the purposes of this part 5, the commission may: (a) Delegate nonpolicy-making duties to a state agency or public or private nonprofit organizations, subject to such requirements as the corporation may prescribe, or as necessary to implement a federal program or requirement; and (b) Seek, accept, and expend gifts, grants, or donations from private or public sources. (5) At the request of the commission, the office of the lieutenant governor shall provide office space, equipment, and staff services as necessary to implement this part 5. Source: L. 2018: Entire part added, (HB 18-1324), ch. 188, p. 1265, § 2, effective August 8. ARTICLE 21 Secretary of State - Department of State PART 1 GENERAL PROVISIONS 24-21-101. Office at seat of government - duties - bond. (1) The secretary of state shall keep office at the seat of government and perform all the duties which may be required of the secretary of state by law. The secretary of state shall have charge of and keep all the acts and resolutions of the territorial legislature and of the general assembly of the state, the enrolled copy of the constitution of the state, and all bonds, books, records, maps, registers, and papers of a public character which may be deposited, to be kept in the office. The secretary of state shall give a bond to the state of Colorado in the sum of ten thousand dollars, conditioned for the faithful discharge of the duties of the office, said bond to be approved by the governor and attorney general and to be deposited in the office of the state treasurer. Colorado Revised Statutes 2019 Page 272 of 2372 Uncertified Printout (2) The secretary of state shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title. Source: G.L. § 1098. G.S. § 1331. L. 1879: p. 60, § 1. R.S. 08: § 6155. C.L. § 52. CSA: C. 156, § 9. CRS 53: § 132-2-1. C.R.S. 1963: § 132-2-1. L. 94: Entire section amended, p. 564, § 9, effective April 6. Cross references: For the powers and duties of the secretary of state relating to elections, see § 1-1-107; for the duties relating to initiated measures, see article 40 of title 1; for the duties relating to the "Uniform Commercial Code", see title 4; for the duties relating to corporations, see title 7; for the duties relating to the licensing of bingo and raffles, see article 9 of title 12; for the duties relating to the appointment of notaries public, see article 55 of title 12; for the duties relating to the registration of federal tax liens, see article 25 of title 38; for the powers relating to standards of conduct for government officers and employees, see part 1 of article 18 of this title; for designation of the secretary of state as custodian of the seal of the state, see § 24-80-903; for general bond requirements, see § 24-2-104; for the salary of secretary of state, see § 24-9-101; for discretionary funds of the secretary of state, see § 24-9-105; for the election of the secretary of state, see § 3 of art. IV, Colo. Const., and § 1-4-204. 24-21-102. Custody of state property. (Repealed) Source: G.L. § 1099. G.S. § 1332. R.S. 08: § 6156. C.L.: § 53. CSA: C. 156, § 10. CRS 53: § 132-2-2. C.R.S. 1963: § 132-2-2. L. 76: Entire section repealed, p. 609, § 38, effective July 1. 24-21-103. Countersign commissions - record. All commissions issued by the governor shall be countersigned by the secretary of state, who shall register each commission in a book to be kept for that purpose, specifying the office, name of officer, date of commission, and term of office. Source: G.L. § 1100. G.S. § 1333. R.S. 08: § 6157. C.L. § 54. CSA: C. 156, § 11. CRS 53: § 132-2-3. C.R.S. 1963: § 132-2-3. 24-21-104. Fees of secretary of state. (1) (a) (I) The secretary of state shall charge fees, which shall be determined and collected pursuant to subsection (3) of this section, for: (A) Filing each body corporate and politic document; (B) Filing each facsimile signature; (C) Each notary public's commission; (D) Each foreign commission; (E) Each official certificate; (F) Administering each oath; (G) Each filing made in accordance with sections 6-13-201 and 6-13-202; (H) Any transcripts or copies of papers and records, computer tapes, microfilm, or microfiche; and Colorado Revised Statutes 2019 Page 273 of 2372 Uncertified Printout (I) Any other papers officially executed and other official work that is done in the secretary of state's office. (II) The secretary of state shall not deliver any commission, file for record any certificate, or do any other official work until the applicable fee for the work has first been paid. (III) At the time of service of any subpoena upon the secretary of state or any of his or her deputies or employees, a fee of fifty dollars and a fee of ten dollars for meals and mileage at the rate prescribed for state officers and employees in section 24-9-104 for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena shall be paid to the department of state cash fund. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, the sum of forty-four dollars for each day of attendance shall be paid, in advance, to the department of state cash fund to cover the expenses of the person named in the subpoena. (b) Notwithstanding the amount specified for any fee in paragraph (a) of this subsection (1), the secretary of state by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the secretary of state by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4). (2) Except as otherwise provided by statute, the secretary of state is authorized to maintain an accounts receivable system for the collection of fees charged for papers officially executed and all other official work which may be done in his office. (3) (a) This subsection (3) shall apply, where referenced by statute, to all fees charged by the secretary of state. (b) The department of state shall adjust its fees so that the revenue generated from the fees approximates its direct and indirect costs, including the cost of maintenance and improvements necessary for the distribution of electronic records; except that the department may reduce its fees to generate revenue in an amount less than costs if necessary pursuant to section 24-75-402 (3). Such costs shall not include the costs paid by the amounts appropriated by the general assembly from the general fund to the department of state for elections pursuant to section 24-21-104.5. Such fees shall remain in effect for the fiscal year following the adjustment. All fees collected by said department shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund, which fund is hereby created. All moneys credited to the department of state cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund. The moneys credited to the department of state cash fund shall be available for appropriation by the general assembly to the department of state in the general appropriation bill or pursuant to section 24-9105 (2). (c) Beginning July 1, 1984, and each July 1 thereafter, whenever moneys appropriated to the department of state during the prior fiscal year are unexpended, said moneys shall be made a part of the appropriation to the department of state for the next fiscal year, and such amount shall not be raised from fees collected by the department of state. If a supplemental appropriation is made to the department of state for its activities, the fees of the department of state shall be adjusted by an additional amount that is sufficient to compensate for such supplemental appropriation. Funds appropriated to the department of state in the general appropriation bill Colorado Revised Statutes 2019 Page 274 of 2372 Uncertified Printout from the department of state cash fund shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the department of state. (d) (I) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, for the fiscal year beginning July 1, 1984, the general assembly, acting by bill, may direct the state treasurer to deduct from the department of state cash fund any unappropriated moneys in said fund and to credit such moneys to the general fund. (II) Repealed. (III) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on July 1, 1997, the state treasurer shall deduct one million dollars from the department of state cash fund and transfer such sum to the state rail bank fund created in section 43-1-1309, C.R.S. (IV) and (V) Repealed. (VI) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on July 1, 1998, the state treasurer shall deduct three million dollars from the department of state cash fund and transfer such sum to the state public school fund created in section 22-54-114, C.R.S. (VII) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, in addition to any transfers authorized in H.B. 98-1234, on July 1, 1998, the state treasurer shall deduct one million dollars from the department of state cash fund and transfer such sum to the state public school fund created in section 22-54-114, C.R.S. (VIII) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on July 1, 1998, the state treasurer shall deduct one million seven hundred thousand dollars from the department of state cash fund and transfer such sum to the children's basic health plan trust fund created in section 25.5-8-105, C.R.S. (IX) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on July 1, 1998, the state treasurer shall deduct one million dollars from the department of state cash fund and transfer such sum to the Colorado tourism promotion fund created in section 24-32-1306. (X) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on March 27, 2002, the state treasurer shall deduct one million two hundred thousand dollars from the department of state cash fund and transfer such sum to the general fund. (XI) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on March 5, 2003, the state treasurer shall deduct two million two hundred thousand dollars from the department of state cash fund and transfer such sum to the general fund. (XII) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on March 5, 2003, the state treasurer shall deduct five hundred thousand dollars from the department of state cash fund and transfer such sum to the general fund. (XII.5) to (XV) Repealed. (e) (Deleted by amendment, L. 97, p. 1484, § 1, effective July 1, 1997.) (f) Repealed. (g) All moneys collected by the office of the secretary of state pursuant to section 4-9525, C.R.S., shall be transferred to the state treasurer and credited to the department of state cash fund pursuant to this subsection (3). (h) (Deleted by amendment, L. 98, p. 1331, § 42, effective June 1, 1998.) (i) and (j) Repealed. Colorado Revised Statutes 2019 Page 275 of 2372 Uncertified Printout (4) For fiscal years beginning on or after July 1, 2015, and for purposes of section 24-75402, the alternative maximum reserve for the department of state cash fund is equal to sixteen and five-tenths percent of the total amount the department of state expended from the fund during the fiscal year, plus an amount equal to the amount of unexpended money from an appropriation to the department of state from the fund for the fiscal year to reimburse county clerk and recorders in accordance with section 24-21-104.5 for election costs. Source: G.L. § 1161. G.S. § 1416. R.S. 08: § 2519. C.L. § 7867. CSA: C. 66, § 1. L. 45: p. 339, § 1. CRS 53: § 132-2-4. C.R.S. 1963: § 132-2-4. L. 71: p. 1235, § 1. L. 76: Entire section amended, p. 594, § 3, effective July 1. L. 77: Entire section amended, p. 1167, § 1, effective June 19. L. 81: (1) amended and (3) added, p. 430, § 7, effective July 1. L. 83: Entire section amended, p. 861, § 1, effective July 1. L. 84: (3)(d) added, p. 672, § 1, effective May 11. L. 85: (3)(d) amended, p. 805, § 1, effective May 16; (3)(b) amended, p. 802, § 4, effective July 1. L. 87: (3)(e) added, p. 932, § 2, effective July 1. L. 92: (3)(e)(I) amended, p. 1009, § 1, effective July 1. L. 95: (3)(b) amended and (3)(f) to (3)(h) added, p. 1142, § 19, effective July 1. L. 96: (3)(b) and (3)(c) amended, p. 1441, § 2, effective June 1. L. 97: (3)(d) and (3)(e) amended, p. 1484, § 1, effective July 1. L. 98: (3)(d)(IV) added, p. 877, § 2, effective May 26; (3)(d)(V) added, p. 867, § 2, effective May 26; (3)(d)(VI) added, p. 975, § 22, effective May 27; (1), (3)(b), and (3)(h) amended, (3)(d)(IV) and (3)(d)(V) repealed, and (3)(d)(VII), (3)(d)(VIII), and (3)(d)(IX) added, pp. 1331, 1363, 1364, 1360, 1362, §§ 42, 129, 131, 117, 125, 133, effective June 1; (3)(b) amended and (3)(i) added, p. 27, § 5, effective July 1. L. 99: (3)(f)(II) amended, p. 752, § 22, effective July 1. L. 2000: (3)(d)(II) repealed, p. 1861, § 74, effective August 2. L. 2001: (3)(g) amended, p. 1446, § 40, effective July 1. L. 2002: (3)(d)(X) added, p. 152, § 8, effective March 27; (3)(b) amended, p. 859, § 11, effective May 30; (3)(b) amended and (3)(j) added, p.1653, § 15, effective August 7. L. 2003: (3)(d)(XI) added, p. 496, § 4, effective March 5; (3)(d)(XII) added, p. 457, § 13, effective March 5. L. 2006: (3)(d)(VIII) amended, p. 2007, § 69, effective July 1. L. 2007: (3)(b) amended, p. 910, § 3, effective May 17. L. 2008: (3)(d)(XIII) and (3)(d)(XIV) added, p. 1815, § 1, effective June 2. L. 2009: (3)(d)(XII.5) added, (SB 09-208), ch. 149, p. 622, § 16, effective April 20. L. 2010: (3)(d)(XV) added, (SB 10-143), ch. 268, p. 1226, § 1, effective May 25. L. 2011: (3)(d)(XIII) and (3)(d)(XIV) repealed, (HB 11-1080), ch. 256, p. 1123, § 7, effective June 2. L. 2012: (3)(b) amended and (3)(i) repealed, (HB 12-1274), ch. 214, p. 924, § 10, effective August 8. L. 2014: (3)(d)(XII.5) amended, (HB 14-1341), ch. 126, p. 449, § 1, effective April 18. L. 2016: (4) added, (SB 16-089), ch. 44, p. 106, § 1, effective March 23. L. 2017: (1)(a) amended, (HB 171092), ch. 78, p. 248, § 5, effective August 9. Editor's note: (1) Amendments to subsection (3)(b) by Senate Bill 98-194 and House Bill 98-1043 were harmonized. (2) Subsection (3)(f)(II)(B) provided for the repeal of subsection (3)(f), effective January 1, 2000. (See L. 99, p. 752.) (3) Amendments to subsection (3)(b) by House Bill 02-1326 and House Bill 02-1321 were harmonized. (4) Subsection (3)(d)(XII) was originally numbered as (3)(d)(XI) in Senate Bill 03-191 but has been renumbered on revision for ease of location. Colorado Revised Statutes 2019 Page 276 of 2372 Uncertified Printout (5) Subsection (3)(j)(II) provided for the repeal of subsection (3)(j), effective July 1, 2003. (See L. 2002, p. 1653.) (6) Subsection (3)(d)(IX) refers to the Colorado tourism promotion fund in § 24-321306. Part 13 of article 32 was repealed August 1, 2000. (7) Subsection (3)(d)(XV)(D) provided for the repeal of subsection (3)(d)(XV), effective July 1, 2011. (See L. 2010, p. 1226.) (8) Subsection (3)(d)(XII.5)(B) provided for the repeal of subsection (3)(d)(XII.5), effective July 1, 2014. 24-21-104.5. General fund appropriation - cash fund appropriation - elections legislative intent. (1) The general assembly is authorized to appropriate money from the department of state cash fund to the department of state to cover the costs of the local county clerk and recorders relating to the conduct of presidential primary elections, general elections, and November odd-year elections. If the amount of money in the department of state cash fund is insufficient to cover such costs, the general assembly may appropriate additional general fund money to cover such costs after exhausting all money in the department of state cash fund. The intent of the general assembly is to authorize the appropriation of department of state cash fund money and general fund money to the department of state to offset some of the costs of local county clerk and recorders associated with the additional election duties and requirements resulting from the preparation and conduct of presidential primary elections and from the passage of section 20 of article X of the state constitution and from the increased number of initiatives that are being filed. (2) For a presidential primary election, as defined in section 1-4-1202 (2), the general assembly shall appropriate money from the general fund to cover the costs of the election incurred by the state arising from the preparation and conduct of a presidential primary election in accordance with part 12 of article 4 of title 1. In addition, by means of an appropriation from the general fund, the state shall also reimburse the counties for all of the actual direct costs they incur arising from the preparation and conduct of such election in accordance with part 12 of article 4 of title 1. By rule promulgated in accordance with article 4 of this title 24, the secretary of state shall determine the type of actual direct costs for which the counties are entitled to reimbursement pursuant to section 1-4-1203 (5) and this subsection (2). Source: L. 96: Entire section added, p. 1441, § 1, effective June 1. L. 99: Entire section amended, p. 943, § 5, effective May 28. L. 2000: Entire section amended, p. 657, § 4, effective August 2. L. 2003: Entire section amended, p. 496, § 5, effective March 5. L. 2006: Entire section amended, p. 2035, § 24, effective June 6. Initiated 2016: Entire section amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820. L. 2017: Entire section amended, (SB 17-305), ch. 216, p. 844, § 7, effective August 9. Editor's note: This section was amended by initiative in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows: FOR: 1,701,599 AGAINST: 953,246 Colorado Revised Statutes 2019 Page 277 of 2372 Uncertified Printout Cross references: For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017. 24-21-104.7. Acceptance of gifts and grants. The department of state may receive and expend any gift or grant, including federal funds, if such gift or grant involves no state funds and is available for the purpose of exercising the powers and performing the duties of the secretary of state as specified in section 1-1-107, C.R.S. Subject to appropriation by the general assembly, the department may provide matching funds when necessary to receive any such gift or grant. Source: L. 2002: Entire section added, p. 1641, § 36, effective June 7. 24-21-104.9. County reimbursements for voting equipment - local elections assistance cash fund - creation - repeal. (1) Subject to available appropriations, the secretary of state shall reimburse counties for a one-time purchase of voting equipment necessary to fulfill the requirements of House Bill 19-1278, enacted in 2019, as provided in this section. The reimbursements shall be made as grants subject to requirements prescribed by the secretary of state. (2) The local elections assistance cash fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate to the fund from the general fund. (3) (a) For the 2019-20 fiscal year, the secretary of state may expend three hundred fifty thousand dollars from the federal elections assistance fund created in section 1-1.5-106 (1)(a) for the purpose of providing grants to counties to reimburse the counties in accordance with subsection (1) of this section for the costs associated with establishing new drop boxes and for other equipment consistent with federal law and grant requirements. (b) For the 2019-20 fiscal year, the general assembly shall transfer the balance of the money necessary to make the payments required by subsection (1) of this section from the general fund to the fund. (4) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (5) Money in the fund is continuously appropriated to the department of state for the purposes of making payments to counties in accordance with subsection (1) of this section. (6) The state treasurer shall transfer all unexpended and unencumbered money in the fund on June 30, 2021, to the fund from which the money originated. (7) This section is repealed, effective July 1, 2021. Source: L. 2019: Entire section added, (HB 19-1278), ch. 326, p. 3035, § 49, effective August 9. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act adding this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 278 of 2372 Uncertified Printout 24-21-105. Deputy - responsibility. The secretary of state may appoint a deputy to act for him if he deems it necessary, who shall have full authority to act in all things relating to the office. The secretary shall be responsible for all acts of such deputy. Source: G.L. § 1102. G.S. § 1335. R.S. 08: § 6159. C.L. § 60. CSA: C. 156, § 17. CRS 53: § 132-2-5. C.R.S. 1963: § 132-2-5. Cross references: For compensation of the deputy secretary of state, see § 24-9-102. 24-21-106. May employ clerical assistance. The secretary of state is hereby authorized to employ, in addition to his deputy, clerical assistants pursuant to section 13 of article XII of the state constitution. Source: L. 1889: p. 339, § 1. L. 1891: p. 195, § 1. R.S. 08: § 6160. C.L. § 61. CSA: C. 156, § 18. CRS 53: § 132-2-6. C.R.S. 1963: § 132-2-6. 24-21-107. Publications. (1) Repealed. (2) Publications by the secretary of state circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. Any fee collected pursuant to this subsection (2) shall be deposited in the department of state cash fund created in section 24-21-104 (3). Source: L. 68: p. 94, § 36. C.R.S. 1963: § 132-2-7. L. 83: Entire section amended, pp. 834, 862, §§ 39, 2, effective July 1. L. 96: (1) repealed, p. 1263, § 173, effective August 7. 24-21-108. Hearings. The secretary of state, when authorized by law to conduct a hearing, shall conduct such hearing in conformance with the provisions of section 24-4-105; except that hearings related to petitions or certificates of designation or nomination filed under section 1-4-901, C.R.S., shall not be required to be conducted under the provisions of section 244-105. Source: L. 76: Entire section added, p. 595, § 4, effective July 1. L. 80: Entire section amended, p. 410, § 15, effective January 1, 1981. 24-21-109. Documents in court proceedings - designation of person to attend court proceedings. Subject to provisions of section 13-25-115, C.R.S., documents from the office of secretary of state used in court proceedings shall be acknowledged, exemplified, verified, or attested to in a manner which shall make unnecessary the personal appearance of the secretary of state in a court proceeding to acknowledge, exemplify, verify, or attest to the validity of such documents. The secretary of state may designate a person to attend court proceedings if the secretary of state is subpoenaed for the purpose of acknowledging, exemplifying, verifying, or attesting to the validity of documents furnished by that office. The revenues derived from fees as established in section 24-21-104 (1) shall be deposited in the department of state cash fund created in section 24-21-104 (3). Colorado Revised Statutes 2019 Page 279 of 2372 Uncertified Printout Source: L. 76: Entire section added, p. 595, § 4, effective July 1. L. 83: Entire section amended, p. 862, § 3, effective July 1. L. 93: Entire section amended, p. 864, § 38, effective July 1, 1994. L. 2002: Entire section amended, p. 1860, § 160, effective July 1; entire section amended, p. 1724, § 159, effective October 1. 24-21-110. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department of state or any authorized agent of such department shall require the applicant's name, address, and social security number. (2) The department of state or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department of state, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department of state or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S. (3) (a) The department of state shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department of state and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 2613-126, C.R.S. (b) The appropriate rule-making body of the department of state is authorized to promulgate rules to implement the provisions of this section. (4) For purposes of this section, "license" means any recognition, authority, or permission that the department of state or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. Source: L. 97: Entire section added, p. 1278, § 20, effective July 1. Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997. 24-21-111. Electronic filing - authority - electronic access - passwords - rules. (1) (a) Notwithstanding any provision of law to the contrary, the secretary of state may require any filing to be made by electronic means as determined by the secretary of state. Colorado Revised Statutes 2019 Page 280 of 2372 Uncertified Printout (b) In order to ensure the security of the secretary of state's online business filing system, the secretary shall implement, under such conditions as the secretary may determine, a password-protected system for and take appropriate actions to address fraudulent activities against altering data in any filings, updates, or other filing requirements under title 7, C.R.S., while still allowing for access to and retrieval of publicly available records, including a certificate of good standing, without a password. (2) Where a document is stored by the secretary of state or the department of state and available to the public by electronic means, the secretary of state, to the extent it is reasonable and feasible, may designate electronic access as the sole means of access to the document. (3) The secretary of state may use a phase-in period or any other method to mitigate hardship caused by mandatory electronic services that are required pursuant to subsections (1) and (2) of this section. The secretary of state may provide exceptions from such mandatory electronic services where hardship or other good cause is shown. If the secretary of state requires any filing to be made by electronic means or designates electronic access as the sole means of access to a document, the secretary of state shall assure that such filing may be made or such access attained by means that do not require use by the public of customized or specially designed electronic hardware or software. (4) As used in this section, unless the context otherwise requires: (a) "Document" means a document, record, or other information. (b) "Filing" means a document required or permitted by law to be filed with the department of state or the secretary of state or a document required or permitted by law to be delivered to the department or the secretary of state and filed by the department or the secretary of state. Source: L. 2004: Entire section added, p. 1174, § 1, effective May 27. L. 2011: (1) amended, (HB 11-1095), ch. 220, p. 952, § 1, effective May 27. 24-21-111.5. Electronic filing system - improvements - integration with other systems. (1) At the earliest practicable date, the secretary of state shall develop and implement enhancements to the online business filing information systems. The enhancements must include at least the following: (a) Enhancements to user accounts that: (I) Allow for the association of multiple business records in one account; (II) Allow a user to file multiple documents at one time; (III) Create a system that allows a user to pay for multiple filings at one time; and (IV) Create, at the secretary's discretion, the ability for a user to store payment information, view the user's balance, view the user's transaction history, and add money to the user's account; (b) Enhancements for registered agents and to record management systems that allow a registered agent to quickly identify the business entities and charitable organizations for which the registered agent is listed and to determine when reports are due; (c) Enhancements for external certifications that allow users to obtain certified documents, certificates of fact, and any other similar authentications that the secretary deems necessary; Colorado Revised Statutes 2019 Page 281 of 2372 Uncertified Printout (d) Enhancements that allow for the online filing of documents that would guide the user through the filing process; (e) Enhancements that allow for the integration of any documents filed pursuant to title 7, C.R.S., with any documents filed pursuant to article 16 of title 6, C.R.S., as well as any changes the secretary deems necessary to implement such integration, including changes involving the filing of registration statements, amendments, and renewals, and changes to the search function; and (f) Enhancements that allow users greater search functionality, provide more useful and specific search results, and allow for greater usability. Source: L. 2012: Entire section added, (SB 12-123), ch. 171, p. 610, § 1, effective May 11. 24-21-112. Electronic verification program - notice - definitions. (1) As used in this section: (a) "Electronic verification program" or "e-verify program" means the electronic employment verification program that is authorized in 8 U.S.C. sec. 1324a and jointly administered by the United States department of homeland security and the social security administration, or its successor program. (b) "Employer" means a person transacting business in Colorado who, at any time, employs another person to perform services of any nature and who has control of the payment of wages for such services or is the officer, agent, or employee of the person having control of the payment of wages. (2) The secretary of state, in consultation with the department of labor and employment, shall post on the secretary of state's website information pertaining to the prohibition against hiring or continuing to employ an unauthorized alien, as defined in 8 U.S.C. sec. 1324a (h)(3), and the availability of and the requirements for participation in the electronic verification program as a means for employers to verify the work eligibility status of new employees. The website posting required by this subsection (2) shall appear in the same format as required by section 8-2-124 (2)(a), C.R.S., and shall appear in a conspicuous location on the secretary of state's website. The secretary of state's website shall also provide a link to the e-verify website available through the internet portal for the United States citizenship and immigration services, or its successor agency. Source: L. 2008: Entire section added, p. 896, § 2, effective August 5. 24-21-113. Secretary of state business software licensing - business computer systems maintenance and enhancement cash fund. (1) The secretary of state may charge fees for the licensing or sale of business and licensing software developed by the department of state. (2) The secretary of state shall transmit all fees collected pursuant to subsection (1) of this section to the state treasurer, who shall credit them to the business computer systems maintenance and enhancement cash fund, which fund is hereby created. The secretary of state shall use the moneys credited to the fund only for the maintenance or enhancement of the department of state's business computer systems. Moneys transferred to the fund shall not be deposited in or transferred to the general fund of this state or any other fund. The moneys Colorado Revised Statutes 2019 Page 282 of 2372 Uncertified Printout credited to the fund are available for appropriation by the general assembly to the department of state in the general appropriation bill. Source: L. 2012: Entire section added, (SB 12-123), ch. 171, p. 614, § 8, effective May 11. 24-21-114. Secretary of state collection of business information. Beginning thirty days after January 1, 2014, the secretary of state shall request that each individual who files documents with the secretary of state pursuant to part 3 of article 90 of title 7, C.R.S., submit information to the secretary of state upon initial registration of a business and when updating a business registration. The secretary of state shall request that each reporting entity, as that term is defined in section 7-90-102 (58), C.R.S., to which the filing relates, submit the following information about the reporting entity: Gender; race, including whether the person is Latino, African American, Asian, Anglo, Native American, or other; veteran status; whether the reporting entity is a person with a disability; and the national American industry classification system code or its successor code of the reporting entity's business, if applicable. The individual is not required to submit the information. The secretary of state shall make the information available to the public on the secretary of state's website in a searchable manner by the information submitted. Source: L. 2013: Entire section added, (HB 13-1167), ch.160, p. 516, § 1, effective January 1, 2014. 24-21-115. Durable medical equipment supplier license - definition - rules. (1) As used in this section: (a) "Durable medical equipment supplier" means a person or entity that: (I) Currently bills or plans to bill the medicare program for services or products listed in the centers for medicare and medicaid durable medical equipment, prosthetics, orthotics, and supplies competitive bid product categories in this state in the current calendar year; or (II) Intends to bid for services or products listed in the centers for medicare and medicaid durable medical equipment, prosthetics, orthotics, and supplies competitive bid product categories in this state in the current calendar year. (b) "Durable medical equipment supplier" does not include: (I) A person or entity that supplies or provides insulin infusion pumps and related supplies or services; (II) A person or entity that supplies or provides products that are part of medicare's national mail order program; (III) A pharmacy located in Colorado that has a current pharmacy accreditation exemption that is accepted and recognized by the national supplier clearinghouse that enables the pharmacy to be enrolled in Medicare to supply durable medical equipment without having the accreditation; (IV) A practitioner identified in 42 U.S.C. sec. 1395u (18)(C) or a physician, if the practitioner or the physician is supplying or providing durable medical equipment to his or her own patients as part of the practitioner's or physician's own services; or Colorado Revised Statutes 2019 Page 283 of 2372 Uncertified Printout (V) A person or entity that supplies or provides devices directly to a practitioner identified in 42 U.S.C. sec. 1395u (18)(C) or a physician that require a prescription for dispensing to the patient as part of his or her own services, whether mailed to the practitioner or physician for fitting or directly mailed to the patient. (2) (a) In order to do business in Colorado, a durable medical equipment supplier must be licensed by the secretary of state. (b) A durable medical equipment supplier license is not required as a condition of enrollment as a provider in the medical assistance program described in title 25.5, C.R.S. (3) An applicant for a durable medical equipment supplier license must: (a) Complete the license application as directed by the secretary of state; (b) Submit to the secretary of state a notarized affidavit attesting that: (I) The applicant has at least one accredited physical facility that is staffed during reasonable business hours and is within one hundred miles of any Colorado resident medicare beneficiary being served by the applicant. (II) The applicant has sufficient inventory and staff to service or repair products; and (III) The applicant is accredited by an accrediting organization recognized and accepted by the federal centers for medicare and medicaid services; (c) Provide to the secretary of state a street address and a local business telephone number; and (d) Pay an annual fee established by the secretary of state, not to exceed five hundred dollars. (4) The durable medical equipment supplier licensee shall prominently display the license at each of its physical business locations. The license may be duplicated for this purpose. (5) The secretary of state shall refer all complaints concerning durable medical equipment suppliers, durable medical equipment, or services to the federal centers for medicare and medicaid. (6) The secretary of state shall implement this section on or before December 31, 2014. The secretary of state may promulgate rules to implement this section. Source: L. 2014: Entire section added, (HB 14-1369), ch. 256, p. 1019, § 2, effective May 22. L. 2015: (1), (2), and (3)(b)(I) amended, (HB 15-1211), ch. 48, p. 117, § 1, effective March 26. Cross references: For the legislative declaration in HB 14-1369, see section 1 of chapter 256, Session Laws of Colorado 2014. 24-21-116. Business intelligence center program - creation - public data - contests legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that: (I) Public data is a valuable resource that can assist businesses with strategic planning and decision-making; (II) State agencies collect volumes of public business and economic data, but this data is often held in legacy systems or difficult-to-use formats and made available on disparate websites; Colorado Revised Statutes 2019 Page 284 of 2372 Uncertified Printout (III) The data would be more easily accessible if it was made available on a single, publicly available platform, such as the Colorado information marketplace; (IV) The data is more valuable if it is machine-readable and formatted in a manner that allows for reference across data sets; (V) The private sector can be an important partner in creating tools that analyze the data for greater insight; (VI) The department of state, which has expertise with a digital business registry and other public data, has received appropriations in the annual general appropriations act and successfully operated a business intelligence center as a pilot project; and (VII) The continuation of the business intelligence center program will provide businesses with greater access to public data, which will foster a better business environment in the state. (b) Now, therefore, it is the intent of the general assembly to create a business intelligence center program in state law to streamline access to public data and provide resources to make the data more useful. (2) As used in this section: (a) "Advisory board" means the business intelligence center advisory board created in paragraph (a) of subsection (4) of this section. (b) "Department" means the department of state. (c) "Program" means the business intelligence center program created in subsection (3) of this section. (d) "Public data" means data collected by a state agency or local government that is not required by law to be confidential. (e) "State agency" means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive branch of state government. (3) The business intelligence center program is created within the department of state. The purpose of the program is to streamline access to public data and to provide resources to make the data more useful. In operating the program, the department may: (a) Assist state agencies in formatting and publishing data to a publicly available platform in a machine-readable format; (b) Provide resources to facilitate the more effective use of public data; (c) Solicit feedback from the business community to identify the types of public data and research tools that would be helpful; (d) Conduct public contests to develop application software or other tools to help businesses effectively use public data, which contests may include cash awards and other incentives; and (e) Assist local governments in publishing public data. (4) (a) The business intelligence center advisory board is created in the department to assist the department in the operation of the program. (b) The advisory board consists of: (I) The secretary of state or his or her designee; (II) A representative from the governor's office; (III) A representative from the Colorado office of economic development created in section 24-48.5-101; Colorado Revised Statutes 2019 Page 285 of 2372 Uncertified Printout (IV) A representative from the office of information technology created in section 2437.5-103; (V) A representative from the statewide internet portal authority created in section 2437.7-102; and (VI) Up to six additional representatives whom the secretary of state appoints from state or local government, the private sector, or the nonprofit community. The secretary of state or his or her designee may also invite additional representatives to attend board meetings and participate as non-voting members. (c) The secretary of state or his or her designee shall chair the board. The board shall meet at the chairperson's discretion. Members of the advisory board serve without compensation and without reimbursement for expenses. (d) This subsection (4) is repealed, effective September 1, 2026. Prior to such repeal, the department of regulatory agencies shall review the advisory board as provided in section 2-31203, C.R.S. (5) The department may contract with public or private entities to operate any part of the program. (6) A public contest conducted by the department in accordance with subsection (3)(d) of this section is not subject to the "Procurement Code", articles 101 to 112 of this title 24. (7) A state agency is not required to provide any public data to the department under the program. A state agency's participation in the program is voluntary. If a state agency accepts the department's assistance, the state agency controls the scope, timeline, and format of the publication of the public data. (8) The secretary of state may seek, accept, and expend gifts, grants, or donations from private or public sources for direct and indirect program costs. Any state money received in accordance with this subsection (8) is deposited into the department of state cash fund created in section 24-21-104 (3) and continuously appropriated to the department for direct and indirect program costs. Source: L. 2016: Entire section added, (HB 16-1014), ch. 318, p. 1282, § 2, effective August 10. L. 2017: (2)(c) and (6) amended, (SB 17-294), ch. 264, p. 1401, § 68, effective May 25. 24-21-117. Encryption and data integrity techniques - research and development. In conjunction with the efforts of the office of information technology regarding cyber coding cryptology for state records pursuant to section 24-37.5-407, the department of state, in conjunction with upgrades to the department of state's business suite, shall consider research, development, and implementation for appropriate encryption and data integrity techniques, including distributed ledger technologies such as blockchains. After accepting business licensing records, the department of state shall consider ensuring the integrity of those transactions by secure methods, including distributed ledger technologies, to protect against falsification, create visibility to identify external hacking threats, and to improve internal data security. When distributing department of state data to other departments and agencies, the department of state shall consider using distributed ledger technologies, including blockchains, as a means of protecting data across jurisdictions. Colorado Revised Statutes 2019 Page 286 of 2372 Uncertified Printout Source: L. 2018: Entire section added, (SB 18-086), ch. 319, p. 1916, § 2, effective May 30. PART 2 ADDRESS CONFIDENTIALITY FOR VICTIMS OF DOMESTIC VIOLENCE, A SEXUAL OFFENSE, OR STALKING 24-21-201 to 24-21-214. (Repealed) Source: L. 2011: Entire part repealed, (HB 11-1080), ch. 256, p. 1108, § 1, effective June 2. Editor's note: This part 2 was added in 2007. For amendments to this part 2 prior to its repeal in 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 2 was relocated to part 21 of article 30 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in said part 21. PART 3 REDACTION OF TAX IDENTIFICATION NUMBERS Editor's note: Section 3 of chapter 336, Session Laws of Colorado 2009, provides that the act adding this part 3 applies to any secured transaction record in the possession of the secretary of state before, on, or after June 1, 2009. 24-21-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Redact" means to obscure information contained in a copy of a secured transaction record. (2) "Secured transaction record" means a record that has been filed in the office of the secretary of state pursuant to part 5 of article 9 or article 9.5 or 9.7 of title 4, C.R.S. (3) "Tax identification number" means a grouping of numerical digits in a secured transaction record that the secretary of state deems likely to be the social security number or individual taxpayer identification number of an individual identified in such secured transaction record. Source: L. 2009: Entire part added, (SB 09-283), ch. 336, p. 1778, § 1, effective June 1. 24-21-302. Redaction of tax identification number from secured transaction records - liability - rules. (1) The secretary of state may redact any tax identification number contained in a secured transaction record and, for this purpose, may use commercially available or other redaction software or other methods determined by the secretary of state to be cost effective. (2) Subject to the provisions of section 4-9-522, C.R.S., the secretary of state shall retain the unredacted original of a secured transaction record that contains a tax identification number. Colorado Revised Statutes 2019 Page 287 of 2372 Uncertified Printout Notwithstanding any provision of part 2 of article 72 of this title or any other provision of law, the secretary of state shall not be required to open any such unredacted original to public inspection; except that a complete copy of the unredacted original of such secured transaction record shall be furnished upon application to the secretary of state for a certified copy of that specific secured transaction record. (3) (a) Any person who believes that the secretary of state has redacted information in a copy of a specific secured transaction record other than the social security number or individual taxpayer identification number of an individual identified in such secured transaction record may apply to the secretary of state for the restoration of such redacted information. (b) If, upon application pursuant to paragraph (a) of this subsection (3), the secretary of state determines that such redacted information is not the social security number or individual taxpayer identification number of an individual identified in such secured transaction record, the secretary of state shall restore such redacted information so that the information is perceivable, accessible, and open to public inspection. (c) Nothing in this section shall preclude the restoration of redacted information that the secretary of state determines should not have been redacted. (4) The secretary of state shall not be liable for redacting or failing to redact a tax identification number pursuant to this section. (5) The secretary of state may promulgate rules in accordance with article 4 of this title to administer the provisions of this section, including any rules necessary to establish procedures for requesting the redaction of a tax identification number or the restoration of redacted information that is not the social security number or individual taxpayer identification number of an individual identified in such secured transaction record. Source: L. 2009: Entire part added, (SB 09-283), ch. 336, p. 1778, § 1, effective June 1. PART 4 ELECTRONIC RECORDING TECHNOLOGY BOARD 24-21-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Board" means the electronic recording technology board created in section 24-21402 (1). (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) "Electronic filing system" means the document management system used by a clerk and recorder to comply with the statutory requirements set forth in part 4 of article 10 of title 30, C.R.S., for: (a) Electronic documents received for recording or filing in the clerk and recorder's office; and (b) Paper documents received for recording or filing in the clerk and recorder's office that are converted from paper, microfilm, or microfiche into an electronic format. (4) "Fund" means the electronic recording technology fund created in section 24-21-404 (1). Colorado Revised Statutes 2019 Page 288 of 2372 Uncertified Printout Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1478, § 3, effective June 10. 24-21-402. Electronic recording technology board - creation - enterprise status. (1) (a) The electronic recording technology board is created in the department of state. The board consists of the secretary of state, or his or her designee, and eight other members appointed as follows: (I) One member from the real estate section of the Colorado bar association appointed by the governor; (II) One member from the title industry appointed by the governor; (III) One member from the mortgage lending industry appointed by the secretary of state; (IV) Three members who are clerk and recorders from a first or second class county as designated in section 30-1-101, C.R.S., with one appointed by the speaker of the house of representatives and the other two appointed by the secretary of state; and (V) Two members who are clerk and recorders from a third, fourth, or fifth class county as designated in section 30-1-101, C.R.S., with one appointed by the president of the senate and the other appointed by the secretary of state. (b) Appointing authorities shall appoint the initial board members for terms beginning on July 1, 2016, and the board shall have its first meeting by August 15, 2016. All of the board members other than the secretary of state, or his or her designee, serve two-year terms; except that the initial term for the member appointed from the title industry is three years and the term of two of the members representing counties designated by the secretary of state is one year. (c) Board members serve without compensation; except that board members are entitled to reimbursement from the fund for actual and necessary expenses incurred in the performance of their duties. A vacancy on the board is filled in the same manner as the original appointment was made. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (2) The board constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds under section 24-21-405 and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. The business purpose of the board is to develop and modernize electronic filing systems throughout the state. So long as it constitutes an enterprise under this section, the board is not subject to any provisions of section 20 of article X of the state constitution. Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1478, § 3, effective June 10. 24-21-403. Core goals - powers and duties - rules. (1) The general assembly hereby declares that the core goals in developing and modernizing electronic filing systems are to: (a) Assure the security, accuracy, and preservation of public records required to be maintained by a clerk and recorder; (b) Maintain the privacy of personal identifying information, online public access to which is not necessary to the proper functioning of land title records or other public records required to be maintained by a clerk and recorder; (c) Assure that the sequence in which documents are received by a clerk and recorder for recording or filing is accurately reflected, to the greatest extent practicable, in the records of the Colorado Revised Statutes 2019 Page 289 of 2372 Uncertified Printout clerk and recorder, regardless of whether documents are received electronically or by other means; (d) Provide for online public access to public records maintained by a clerk and recorder; and (e) Assure that electronic filing systems used in different counties are similar so as to facilitate the submission and searching of electronic records. (2) In order to accomplish its business purpose, the board may impose an electronic filing surcharge of up to two dollars that is uniformly collected on all documents received by a county clerk and recorder for recording or filing on or after January 1, 2017, through December 31, 2021. (3) The board shall: (a) Develop a strategic plan that incorporates the core goals; (b) Determine functionality standards for an electronic filing system that support the core goals; (c) Issue a request for proposal for electronic filing system equipment and software that the counties may choose to acquire; (d) Develop best practices for an electronic filing system; (e) Provide training to clerk and recorders related to electronic filing systems; (f) Award grants in accordance with section 24-21-404; and (g) Prepare reports in accordance with section 24-21-406. (4) The board may: (a) Issue bonds in accordance with section 24-21-405; and (b) Promulgate any rules necessary to administer the provisions of this part 4. Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1479, § 3, effective June 10. 24-21-404. Electronic recording technology fund - electronic filing - grants. (1) (a) The electronic recording technology fund is created in the state treasury and consists of money credited thereto in accordance with section 30-10-421 (3)(a), C.R.S. The money in the fund is continuously appropriated to the board to award grants under subsection (2) of this section and for any other purpose authorized by this part 4, including any direct and indirect administrative expenses. (b) The money in the fund shall not be deposited in or transferred to the general fund or any other fund. All interest and income derived from the investment and deposit of money in the fund are credited to the fund. Any unexpended and unencumbered money in the fund at the end of a fiscal year shall remain in the fund and not be credited or transferred to the general fund or another fund. (2) The board shall use money in the fund to award grants to counties to establish, maintain, improve, or replace their electronic filing systems. The board shall award grants, whenever possible, in a manner that is designed to achieve the core goals specified in section 2421-403 (1) over a reasonable period. In making grants to maintain existing electronic filing systems, the board shall give priority to rural counties and to counties that do not have sufficient revenue from the surcharge proceeds retained in accordance with section 30-10-421 (3)(b), C.R.S., to maintain their electronic filing systems. The board shall develop a grant application process and award grants based on a scoring system that incorporates the core goals. Colorado Revised Statutes 2019 Page 290 of 2372 Uncertified Printout (3) A county that receives a grant from the board shall cooperate with the board in its preparation of the report required by section 24-21-406 (1). Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1480, § 3, effective June 10. 24-21-405. Authority to issue bonds. The board may, by resolution, authorize and issue revenue bonds that are payable only from the money in the fund. Bonds may be issued only after approval by both houses of the general assembly acting either by bill or joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1481, § 3, effective June 10. 24-21-406. Reporting - annual - five-year report. (1) Notwithstanding section 24-1136 (11), on or before September 1, 2017, and each September 1 thereafter until September 1, 2022, the board shall prepare a report that, for each grant made during the prior fiscal year, describes the: (a) County that received the grant; (b) Grant amount; (c) Purpose of the grant; and (d) Grant outcomes. (2) The board shall follow-up with a county that receives a grant as necessary for the department of state to complete the report. The department shall publish a copy of the report on the department's website. (3) On or before January 1, 2021, the board shall report to the general assembly about the overall success of the grant program established by this part 4. Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1481, § 3, effective June 10. 24-21-407. Repeal of part. This part 4 is repealed, effective September 1, 2022. Prior to such repeal, the board shall be reviewed as provided in section 2-3-1203, C.R.S. Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1481, § 3, effective June 10. PART 5 REVISED UNIFORM LAW ON NOTARIAL ACTS Editor's note: The effective date of this part 5 in Senate Bill 17-132 was changed from August 9, 2017, to July 1, 2018, by Senate Bill 17-294. (See L. 2017, p. 1418.) 24-21-501. Short title. The short title of this part 5 is the "Revised Uniform Law on Notarial Acts". Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, § 2, effective July 1, 2018. Colorado Revised Statutes 2019 Page 291 of 2372 Uncertified Printout 24-21-502. Definitions. In this part 5: (1) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) "Electronic record" means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means. (4) "Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with an electronic record and executed or adopted by an individual with the intent to sign the electronic record. (5) "In a representative capacity" means acting as: (a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual; (b) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record; (c) An agent or attorney-in-fact for a principal; or (d) An authorized representative of another in any other capacity. (6) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a deposition or other sworn testimony, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying a copy, and noting a protest of a negotiable instrument. (7) "Notarial officer" means a notary public or other individual authorized to perform a notarial act. (8) "Notary public" means an individual commissioned to perform a notarial act by the secretary of state. (9) "Official stamp" means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record. (10) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (12) "Sign" means, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol; or (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (13) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record. (14) "Stamping device" means: (a) A physical device capable of affixing to a tangible record an official stamp; or Colorado Revised Statutes 2019 Page 292 of 2372 Uncertified Printout (b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp. (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, § 2, effective July 1, 2018. 24-21-503. Applicability. This part 5 applies to a notarial act performed on or after July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018. 24-21-504. Authority to perform notarial act. (1) A notarial officer may perform a notarial act authorized by this part 5 or by law of this state other than this part 5. (2) A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this section, a notarial officer has a disqualifying interest in a record if: (a) The officer or the officer's spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or (b) The officer or the officer's spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received in accordance with this part 5. (3) A notarial act performed in violation of this section is voidable. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018. 24-21-505. Requirements for certain notarial acts. (1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual. (2) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual. (3) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed. Colorado Revised Statutes 2019 Page 293 of 2372 Uncertified Printout (4) (a) A notarial officer who certifies a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. (b) A notarial officer shall not certify a copy of a record that can be obtained from any of the following offices in this state: (I) A clerk and recorder of public documents; (II) The secretary of state; (III) The state archives; or (IV) An office of vital records. (c) A notarial officer shall not certify a copy of a record if the record states on its face that it is illegal to copy the record. (5) (a) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 4-3-505 (b) of the "Uniform Commercial Code". (b) A notary public shall not make or note a protest of a negotiable instrument unless the notary is an employee of a financial institution acting in the course and scope of the notary's employment with the financial institution. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018. 24-21-506. Personal appearance required. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 790, § 2, effective July 1, 2018. 24-21-507. Identification of individual. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual: (a) By means of: (I) A passport, driver's license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act; or (II) Another form of government identification issued to the individual that is current or expired not more than one year before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act. (3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual. Colorado Revised Statutes 2019 Page 294 of 2372 Uncertified Printout Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 790, § 2, effective July 1, 2018. 24-21-508. Authority to refuse to perform notarial act. (1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (a) The individual executing the record is competent or has the capacity to execute the record; or (b) The individual's signature is knowingly and voluntarily made. (2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this part 5. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 791, § 2, effective July 1, 2018. 24-21-509. Signature if individual unable to sign. (1) If an individual is physically unable to sign a record, the individual may, in the presence of the notarial officer, direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import under or near the signature. (2) A notary public may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any individual in the presence of the notary public when it appears that the individual is unable to communicate verbally or in writing. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 791, § 2, effective July 1, 2018. 24-21-510. Notarial act in this state. (1) A notarial act may be performed in this state by: (a) A notary public of this state; (b) A judge, clerk, or deputy clerk of a court of this state; or (c) Any other individual authorized to perform the specific act by the law of this state. (2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title. (3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 792, § 2, effective July 1, 2018. 24-21-511. Notarial act in another state. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by: (a) A notary public of that state; Colorado Revised Statutes 2019 Page 295 of 2372 Uncertified Printout (b) A judge, clerk, or deputy clerk of a court of that state; or (c) Any other individual authorized by the law of that state to perform the notarial act. (2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title. (3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 792, § 2, effective July 1, 2018. 24-21-512. Notarial act under authority of federally recognized Indian tribe. (1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state if the act performed in the jurisdiction of the tribe is performed by: (a) A notary public of the tribe; (b) A judge, clerk, or deputy clerk of a court of the tribe; or (c) Any other individual authorized by the law of the tribe to perform the notarial act. (2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title. (3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 792, § 2, effective July 1, 2018. 24-21-513. Notarial act under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed under federal law is performed by: (a) A judge, clerk, or deputy clerk of a court; (b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law; (c) An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or (d) Any other individual authorized by federal law to perform the notarial act. (2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title. (3) The signature and title of an officer described in subsection (1)(a), (1)(b), or (1)(c) of this section conclusively establish the authority of the officer to perform the notarial act. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 793, § 2, effective July 1, 2018. Colorado Revised Statutes 2019 Page 296 of 2372 Uncertified Printout 24-21-514. Foreign notarial act. (1) In this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe. (2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state. (3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established. (4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title. (5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 793, § 2, effective July 1, 2018. 24-21-515. Certificate of notarial act. (1) A notarial act must be evidenced by a certificate. The certificate must: (a) Be executed contemporaneously with the performance of the notarial act; (b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state; (c) Identify the county and state in which the notarial act is performed; (d) Contain the title of office of the notarial officer; and (e) If the notarial officer is a notary public, indicate the date of expiration of the officer's commission. (2) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of this section, an official stamp may be attached to or logically associated with the certificate. (3) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) and (2) of this section and: (a) Is in a short form set forth in section 24-21-516; (b) Is in a form otherwise permitted by the law of this state; Colorado Revised Statutes 2019 Page 297 of 2372 Uncertified Printout (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 24-21-505, 24-21-506, and 24-21-507 or law of this state other than this part 5. (4) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 24-21504, 24-21-505, and 24-21-506. (5) A notarial officer shall not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed. (6) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 24-21-527 for attaching, affixing, or logically associating the certificate, the process must conform to the standards. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 794, § 2, effective July 1, 2018. 24-21-516. Short form certificates. (1) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 24-21-515 (1) and (2): (a) For an acknowledgment in an individual capacity: State of County of This record was acknowledged before me on (date) by (name(s) of individual(s)) Signature of notarial officer Stamp ( (Title of office) ) My commission expires: (b) For an acknowledgment in a representative capacity: State of County of This record was acknowledged before me on (date) by (name(s) of individual(s)) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Signature of notarial officer Stamp ( (Title of office) ) My commission expires: (c) For a verification on oath or affirmation: State of Colorado Revised Statutes 2019 Page 298 of 2372 Uncertified Printout County of Signed and sworn to (or affirmed) before me on (name(s) of individual(s) making statement) (date) by Signature of notarial officer Stamp ( (Title of office) ) My commission expires: (d) For witnessing or attesting a signature: State of County of Signed before me on (date) by (name(s) of individual(s)) Signature of notarial officer Stamp ( (Title of office) ) My commission expires: (e) For certifying a copy of a record: State of County of I certify that this is a true and correct copy of a record in the possession of . Dated Signature of notarial officer Stamp ( (Title of office) My commission expires: ) Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 795, § 2, effective July 1, 2018. 24-21-517. Official stamp. (1) The official stamp of a notary public must: (a) Be rectangular and contain only the outline of the seal and the following information printed within the outline of the seal: (I) The notary public's name, as it appears on the notary's certificate of commission; (II) The notary's identification number; (III) The notary's commission expiration date; (IV) The words "state of Colorado"; and (V) The words "notary public"; and (b) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. (2) A notary public shall not provide, keep, or use a seal embosser. Colorado Revised Statutes 2019 Page 299 of 2372 Uncertified Printout Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 797, § 2, effective July 1, 2018. 24-21-518. Stamping device. (1) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. (2) If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify the secretary of state in writing within thirty days after discovering that the device is lost or stolen. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 797, § 2, effective July 1, 2018. 24-21-519. Journal. (1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal. (2) A journal may be created on a tangible medium or in an electronic format. If a journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If a journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state. (3) An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information: (a) The date and time of the notarial act; (b) A description of the record, if any, and type of notarial act; (c) The full name and address of each individual for whom the notarial act is performed; (d) The signature or electronic signature of each individual for whom the notarial act is performed; (e) If identity of the individual is based on personal knowledge, a statement to that effect; (f) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the type of identification credential presented, if any; and (g) The fee, if any, charged by the notary public. (4) A notary public is responsible for the security of the notary public's journal. A notary public shall keep the journal in a secure area under the exclusive control of the notary, and shall not allow any other notary to use the journal. (5) Upon written request of any member of the public, which request must include the name of the parties, the type of document, and the month and year in which a record was notarized, a notary public may supply a certified copy of the line item representing the requested Colorado Revised Statutes 2019 Page 300 of 2372 Uncertified Printout transaction. A notary public may charge the fee allowed in section 24-21-529 for each certified copy of a line item, and shall record the transaction in the notary's journal. (6) The secretary of state may audit or inspect a notary public's journal without restriction. A notary public shall surrender the notary's journal to the secretary of state upon receiving a written request. (7) A certified peace officer, as defined in section 16-2.5-102, acting in the course of an official investigation may inspect a notary public's journal without restriction. (8) If a notary public's journal is lost or stolen, the notary public shall notify the secretary of state in writing within thirty days after discovering that the journal is lost or stolen. (9) On resignation from, or the revocation or expiration of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with subsection (1) of this section and inform the secretary of state where the journal is located. (10) (a) Instead of retaining a journal as provided in subsections (1) and (9) of this section, a current or former notary public may: (I) Transmit the journal to the state archives established pursuant to part 1 of article 80 of this title 24; or (II) Leave the journal with the notary's firm or employer in the regular course of business. (b) If notary public acts pursuant to subsection (10)(a) of this section, the notary public is no longer subject to subsection (5) of this section and shall notify the secretary of state in writing whether the notary has transmitted the journal to the state archives or the firm or employer, including the contact information for the firm or employer if the notary leaves the journal with the notary's firm or employer. (c) Instead of maintaining a journal as required by subsection (1) of this section, a notary public may maintain the original or a copy, including an electronic record, of a document that contains the information otherwise required to be entered in the notary's journal if the notary's firm or employer retains the original, copy, or electronic record in the regular course of business. (11) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the state archives established pursuant to part 1 of article 80 of this title 24. The person shall notify the secretary of state in writing when the person transmits the journal to the state archives. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 798, § 2, effective July 1, 2018. 24-21-520. Notification regarding performance of notarial act on electronic record selection of technology. (1) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. (2) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of Colorado Revised Statutes 2019 Page 301 of 2372 Uncertified Printout technology pursuant to section 24-21-527, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology. (3) In every instance, the electronic signature of a notary public must contain or be accompanied by the following elements, all of which must be immediately perceptible and reproducible in the electronic record to which the notary's electronic signature is attached: The notary's name, as it appears on the notary's certificate of commission; the notary's identification number; the words "notary public" and "state of Colorado"; a document authentication number issued by the secretary of state; and the words "my commission expires" followed by the expiration date of the notary's commission. A notary's electronic signature must conform to any standards promulgated by the secretary of state. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 800, § 2, effective July 1, 2018. 24-21-521. Commission as notary public - qualifications - no immunity or benefit. (1) An individual qualified under subsection (3) of this section may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee. In accordance with section 24-21-111 (1), the secretary of state may require, at the secretary of state's discretion, the application required by this section, and any renewal of the application, to be made by electronic means designated by the secretary of state. (2) In accordance with section 42-1-211, the department of state and the department of revenue shall allow for the exchange of information and data collected by the systems used by the departments to collect information on legal names and signatures of all applicants for driver's licenses or state identification cards. (3) An applicant for a commission as a notary public must: (a) Be at least eighteen years of age; (b) Be a citizen or permanent legal resident of the United States or otherwise lawfully present in the United States; (c) Be a resident of or have a place of employment or practice in this state; (d) Be able to read and write English; (e) Not be disqualified to receive a commission under section 24-21-523; and (f) Have passed the examination required under section 24-21-522 (1). (4) The secretary of state shall verify the lawful presence in the United States of each applicant through the verification process outlined in section 24-76.5-103 (4). (5) Before issuance of a commission as a notary public, an applicant for the commission shall take the following affirmation in the presence of a person qualified to administer an affirmation in this state: I, (name of applicant) , solemnly affirm, under the penalty of perjury in the second degree, as defined in section 18-8-503, Colorado Revised Statutes, that I have carefully read the notary law of this state, and, if appointed and commissioned as a notary public, I will faithfully perform, to the best of my ability, all notarial acts in conformance with the law. Colorado Revised Statutes 2019 Page 302 of 2372 Uncertified Printout (Signature of applicant) Subscribed and affirmed before me this day of , 20 . (Official signature and seal of person qualified to administer affirmation) (6) On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years, unless revoked in accordance with section 24-21-523. An applicant who has been denied appointment and commission may appeal the decision in accordance with article 4 of this title 24. (7) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 800, § 2, effective July 1, 2018. 24-21-522. Examination of notary public. (1) An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2) of this section. (2) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts. The office of the secretary of state may enter into a contract with a private contractor or contractors to conduct notary training programs. The contractor or contractors may charge a fee for any such training program. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 801, § 2, effective July 1, 2018. 24-21-523. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. (1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for: (a) Failure to comply with this part 5; (b) A substantial and material misstatement or omission of fact in the application for a commission as a notary public submitted to the secretary of state; (c) Notwithstanding section 24-5-101, a conviction of the applicant or notary public of any felony or, in the prior five years, a misdemeanor involving dishonesty; (d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit; (e) Failure by the notary public to discharge any duty required of a notary public, whether by this part 5, rules of the secretary of state, or any federal or state law; (f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have; Colorado Revised Statutes 2019 Page 303 of 2372 Uncertified Printout (g) Violation by the notary public of a rule of the secretary of state regarding a notary public; (h) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; (i) A finding by a court of this state that the applicant or notary public has engaged in the unauthorized practice of law; (j) Failure to comply with any term of suspension or condition imposed on the commission of a notary public under this section; or (k) Performance of any notarial act while not currently commissioned by the secretary of state. (2) Whenever the secretary of state or the secretary of state's designee believes that a violation of this part 5 has occurred, the secretary of state or the secretary of state's designee may investigate the violation. The secretary of state or the secretary of state's designee may also investigate possible violations of this part 5 upon a signed complaint from any person. (3) If the secretary of state denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with the "State Administrative Procedure Act", article 4 of this title 24. (4) When a complaint or investigation results in a finding of misconduct that, in the secretary of state's discretion, does not warrant initiation of a disciplinary proceeding, the secretary of state may take nondisciplinary action. For the purposes of this subsection (4), nondisciplinary action includes the issuance of a letter of admonition, which may be placed in the notary public's file. (5) The authority of the secretary of state to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. (6) A person whose notary commission has been revoked pursuant to this part 5 may not apply for or receive a commission and appointment as a notary. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 802, § 2, effective July 1, 2018. 24-21-524. Database of notaries public. (1) The secretary of state shall maintain an electronic database of notaries public: (a) Through which a person may verify the authority of a notary public to perform notarial acts; and (b) Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 803, § 2, effective July 1, 2018. 24-21-525. Prohibited acts. (1) A commission as a notary public does not authorize an individual to: (a) Assist persons in drafting legal records, give legal advice, or otherwise practice law; Colorado Revised Statutes 2019 Page 304 of 2372 Uncertified Printout (b) Act as an immigration consultant or an expert on immigration matters; (c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or (d) Receive compensation for performing any of the activities listed in this subsection (1). (2) A notary public shall not engage in false or deceptive advertising. (3) A notary public, other than an attorney licensed to practice law in this state, shall not use the term "notario" or "notario publico". (4) A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal advice. I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado attorney general's office or the Colorado supreme court." If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection (4) because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed. (5) A notary public, other than an attorney licensed to practice law in this state, shall not engage in conduct that constitutes a deceptive trade practice pursuant to section 6-1-727. (6) Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. (7) A notary public shall not perform any notarial act with respect to a record that is blank or that contains unfilled blanks in its text. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 803, § 2, effective July 1, 2018. 24-21-526. Validity of notarial acts. Except as otherwise provided in section 24-21-504 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this part 5 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this part 5 does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this part 5 or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 804, § 2, effective July 1, 2018. Colorado Revised Statutes 2019 Page 305 of 2372 Uncertified Printout 24-21-527. Rules. (1) The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may: (a) Prescribe the manner of performing notarial acts regarding tangible and electronic records; (b) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; (c) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; (d) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public, including rules for use of the electronic filing system; (e) Include provisions to prevent fraud or mistake in the performance of notarial acts; and (f) Provide for the administration of the examination under section 24-21-522 (1) and the course of study under section 24-21-522 (2). (2) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with this part 5: (a) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State; (b) Standards, practices, and customs of other jurisdictions that substantially enact this part 5; and (c) The views of governmental officials and entities and other interested persons. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 805, § 2, effective July 1, 2018. 24-21-528. Disposition of fees. (1) The secretary of state shall collect all fees pursuant to this article 21 in the manner required by section 24-21-104 (3) and shall transmit them to the state treasurer, who shall credit them to the department of state cash fund created in section 2421-104 (3)(b). (2) The general assembly shall make annual appropriations from the department of state cash fund for expenditures of the secretary of state incurred in the performance of the secretary of state's duties under this part 5. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 805, § 2, effective July 1, 2018. 24-21-529. Notary's fees. (1) Except as specified in subsection (2) of this section, the fees of a notary public may be, but must not exceed, five dollars for each document attested by a person before a notary, except as otherwise provided by law. The fee for each such document must include all duties and functions required to complete the notarial act in accordance with this part 5. Colorado Revised Statutes 2019 Page 306 of 2372 Uncertified Printout (2) In lieu of the fee authorized in subsection (1) of this section, a notary public may charge a fee, not to exceed ten dollars, for the notary's electronic signature. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. 24-21-530. Change of name or address. A notary public shall notify the secretary of state within thirty days after he or she changes his or her name, business address, or residential address. In the case of a name change, the notary public shall include a sample of the notary's handwritten official signature on the notice. Pursuant to section 24-21-104 (3), the secretary of state shall determine the amount of, and collect, the fee, payable to the secretary of state, for recording notice of change of name or address. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. 24-21-531. Official misconduct by a notary public - liability of notary or surety. (1) A notary public who knowingly and willfully violates the duties imposed by this part 5 commits official misconduct and is guilty of a class 2 misdemeanor. (2) A notary public and the surety or sureties on his or her bond are liable to the persons involved for all damages proximately caused by the notary's official misconduct. (3) Nothing in this part 5 shall be construed to deny a notary public the right to obtain a surety bond or insurance on a voluntary basis to provide coverage for liability. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. 24-21-532. Willful impersonation. A person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a class 2 misdemeanor and shall be punished as specified in section 181.3-501. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. 24-21-533. Wrongful possession of journal or seal. A person who unlawfully possesses and uses a notary's journal, an official seal, a notary's electronic signature, or any papers, copies, or electronic records relating to notarial acts is guilty of a class 3 misdemeanor and shall be punished as specified in section 18-1.3-501. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. Colorado Revised Statutes 2019 Page 307 of 2372 Uncertified Printout 24-21-534. Certification restrictions. (1) The secretary of state may issue certificates or apostilles attesting to the authenticity of a notarial act performed by a commissioned notary public. (2) The secretary of state shall not certify a signature of a notary public on: (a) A record that is not properly notarized in accordance with the requirements of this part 5; (b) A record: (I) Regarding allegiance to a government or jurisdiction; (II) Relating to the relinquishment or renunciation of citizenship, sovereignty, in itinere status or world service authority; or (III) Setting forth or implying for the bearer a claim of immunity from the law of this state or federal law. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. 24-21-535. Notary public commission in effect. A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this part 5. A notary public, in performing notarial acts after July 1, 2018, shall comply with this part 5. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018. 24-21-536. Savings clause. This part 5 does not affect the validity or effect of a notarial act performed before July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018. 24-21-537. Uniformity of application and construction. In applying and construing this part 5, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018. 24-21-538. Relation to "Electronic Signatures in Global and National Commerce Act". This part 5 modifies, limits, and supersedes the "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b). Colorado Revised Statutes 2019 Page 308 of 2372 Uncertified Printout Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018. 24-21-539. Effective date. This part 5 takes effect on July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018. 24-21-540. Repeal. This part 5 is repealed, effective September 1, 2023. Before its repeal, this part 5 is scheduled for review in accordance with section 24-34-104. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018. PART 6 BINGO AND RAFFLES LAW Editor's note: This part 6 was added with relocations in 2017. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this part 6, see the comparative tables located in the back of the index. 24-21-601. Short title. The short title of this part 6 is the "Bingo and Raffles Law". Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 908, § 2, effective May 23. Editor's note: This section is similar to former § 12-9-101 as it existed prior to 2017. 24-21-602. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Bingo" means a game of chance played, with or without the aid of an electronic device, for prizes using cards or sheets containing five rows of five squares bearing numbers, except for the center square which is a free space. Traditional bingo also requires that the letters "B I N G O" appear in order over each column. The holder of a card or sheet matches the numbers on such card or sheet to numbers randomly drawn. The game is won when a previously designated arrangement of numbers on such card or sheet is covered. (2) "Bingo aid computer system" means a computer system that interfaces with and controls the use of electronic devices used as aids in the game of bingo. (3) "Bingo-raffle licensee" means any qualified organization to which a bingo-raffle license has been issued by the licensing authority. (4) "Bingo-raffle manufacturer" means a person, other than a bingo-raffle licensee, who makes, assembles, produces, or otherwise prepares pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other equipment or parts thereof for games of chance. "Bingo-raffle manufacturer" does not include a person who prints raffle tickets, other than pull tabs, for and at the request of a bingo-raffle licensee. Colorado Revised Statutes 2019 Page 309 of 2372 Uncertified Printout (5) "Bingo-raffle supplier" means a person, other than a bingo-raffle licensee, who sells, distributes, or otherwise furnishes pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other games of chance equipment. "Bingo-raffle supplier" does not include a person who prints raffle tickets, other than pull tabs, for and at the request of a bingoraffle licensee. (6) "Board" means the Colorado bingo-raffle advisory board created in section 24-21630. (7) "Card" means either a disposable and nonreusable paper bingo card identified by color, serial number, and card number, or a reusable bingo card intended for repeated use, including but not limited to a hard card or shutter card. "Card" does not include an electronic representation or electronic image of a bingo card. (8) "Charitable gaming" means bingo, pull tab games, and raffles. (9) "Charitable organization" means any organization, not for pecuniary profit, that is operated for the relief of poverty, distress, or other condition of public concern within this state and that has been so engaged for five years prior to making application for a license under this part 6. (10) "Chartered branch or lodge or chapter of a national or state organization" means any such branch or lodge or chapter that is a civic or service organization, not for pecuniary profit, and authorized by its written constitution, charter, articles of incorporation, or bylaws to engage in a fraternal, civic, or service purpose within this state and that has been so engaged for five years prior to making application for a license under this part 6. (11) "Commercial bingo facility" means premises rented by a bingo-raffle licensee for the purpose of conducting games of chance. (12) "Commercial landlord" means any person renting or offering to rent a commercial bingo facility to any bingo-raffle licensee. (13) "Deal" means each separate package or series of packages of pull tabs with the same name, form number, serial number, and color code. (14) "Dues-paying membership" m